01-31-68SpMtg 23
JANUARY 3t, 1968.
A special meeting of the City Council of the City of Delray Bea~,
Plorida was held in the Council Char0bers at 1:30 P.M., WedIlesday,
January 31, 1968, with Mayor J. L. Saunders in the Chair, City Manager
David M. Gatchel, City Attorney John Ross Adams, and Councilmen James
H. Jurney, LeRoy W. Merritt, James B. Wilson and O. F. Youngblood
being present.
Mayor Saunders called the meeting to order and announced that
same had been 'called for the purpose of considering the final draft of
proposed '"loa~ agreement" with 'the First Federal Savings and Loan
Association of Miami, and fbr'any other business that may come before
the meeting.
An opening prayer was delivered by Mayor J. L. Saunders, followed
by the Pledge of Allegiance.to the Flag of the United States of America.
City Manager Gatchel explained that the Loan Agreement presented
to Council today for consideration is the agreement as discussed in
workshop session last week, with the two small changes, agreed to by
Council at that time, provided in this final printed form. (COpy of See
Loan Agreement is attached to the official copy of these minutes.) 26-A-F.
The City'Manag~r made reference to Paragraph No. 2, on page 1 of
said &g=eement, the PURPOSE clause, referring to Exhibit No. 1. He
asked Council to look at Exhibit No. 1, where the Area is-established
south of 10th Street. for the main interceptor, going down Federal
Highway to Lift Stations A, B, & C, with the f~r~emains-.attaahing-
to the..interceptOr as described by the Consulting;Engineers. He
plained that the area north o~ 10th Street to Lift Station NO; 1, as
Shown, iS the connecting link, connecting the interceptor in. the
ServiCe Area 'to Lift.StatiOn No. 1.
City Attorney Adams asked if there is a .colored area on Exhibit 1
that delineates the boundary of the Service Area, and the city Manager
eai~ the different colors'of red, green and blue delineates the sewer
~ransmiS'sion facilities~ that the serviue area 'is. not outtine~ in
color; b.ut is. aptly, des~Jribed as being .south of loth Street to C-15
Canal and w~st of the Int=acoastal; Waterway to
The City' Attorney commented= "Without trying- to make any big
issue of this, could we say that the SerVice Area delineated on 'this
map, this one goes clear up to Atlantic Avenue' or it could be con-
strued to, I think there',should be.some liae ~rawnout lOth Street,
down the Seaboard, and cut if off."
The City Manager 'said that could easily be done, and continued=.
,,We could ta~e some other-.color, other than the red, green .and blue
that:.is on this original map, and draw in this Service Area as
scribed. We could do that in yellow and put a color code on it as
yellow describing the Service Area." .
During 'discussion, Mayor Saunders saidhe thought that was_~..
~ood~point., to designate the ServiceArea by color.
; T~e City Manager continued: "With such-. ~nstructions from council,
we will So provide before the .executed instrument is sent to the First
Fecleral." ~.It was so moved by Mr, Jurney, seconded by Mr. Wilson and
unanimously carried.
The City Manager referred .to sub-paragraph a, paragraph 3, on
~age 1~' COVEN~ OF THE'= CITY, regarding the comprehens.~ve reZoning
m~p' to 'be attached'to the ~oan Agreement as Exhibit' 2. He then read
~'e following report from-the Planning an~ Zoning BOdEd, signed, by
Secretary AndrewM. ~ent, .and dated January 31, 1968~
24
"At a meeting of the Planning' and Zoning Board held
at 8~00 P.M., City Hall,. on January. 30., 1968, the Board
voted unanimously in'favor o£~. proceedi.ng with a t~ublic
Hearing to be adve=tiSed and held as soon as possible for
the purpose of rezoning certain lots 'and tracts, in the
Tropic Isle subdivision and the T=opic Palms subdivision.
The Board agreed with the proposal as presented to
the Board by Art Smith. .The map showing the actual pro-
posed changes is .in the office of .the Director of Planning,
Zoning and InsPection."
.The City Manager explained th&t since this matter has just been
approved by the Planning and Zon,r~ Board last night, there has been
no opportunity as yet to spell' th~ information out on a small enough
map ~to be attached to the Loan Agreement.
The City Manager displayed a large map showing the south area of
the City and explained to Council the proposed zoning, that would be
presented by the Planning and Zoning Board at the Public Hearing
mentioned in its report. He said that when the new Director of Planning
and Zoning assumes his duties with the City this we'ek, a map will be
prepared as Exhibit No. 2.
Mayor Saunders asked if it would have any bearing on the First
Federal Savings and Loan Association of Miami signing the Loan Agree-
ment if said Exhibit No. 2 is' not attached at this time. The City
Manager assured Council that it would have no bearing on signing of
the 'Agreement as the Bank is we11 aware of the proposed rezoning, and
it is what they have asked for.
The City Manager explained in detail the proposed rezoning in
Tropic Isle SubdivisiOn, and the proposed rezoning and replatting of
part of the Tropic Palms Subdivision, and the manner in which the
streets would tie in with the projection of certain streets within the
C i ty proper.
The City Manager said that with the preparation of Exhibit No. 1,
as suggested by City Attorney Adams and approved by Council, and the
preparation of Exhibit No. 2, as outlined, he would recommend that
Council approve the execution of the Agreement for forward£ng to the
First Federal Savin~.& Loan~Associat~ion of Miami. Further, "This _is
the result, Gentlemen, of the agreed upon contract or Loan ~Agreement
that you had last week and sen,t~to First Federal, and the result of
a telephone call back from First Federal and received here in City
Hall yesterday, I think I can quote pretty well: ~'Go ahead and have
your Council Meeting. Get the signature and shoot, it down to us.'
That is What we intend to do, by mail this afternoon, if Council agrees
to this as I have explained it."
Following a question by Mr. Wilson, the City Manager said the
pra.v~s.iOns of'~the.~Loan Agreement ar~ that it' will become effective
upon .the signature of First~.FederaL. ~Fu~her,~~ it provides for the
signature of the .City first, followed by the acceptance and s~gnature
of First Federal.
Mr. Jurney mentioned the sea wall.~ ordinance, and asked if any of
the properties disCussed .are adjacent to or abut a sea'..wal! that is in
bad rel~air, and whether or not the city could require the developer
to put the sea wall in good shape, or install a sea wall, at the time
of development of the property.
City Manager Gat~el said he feels it would be a desire of the
developer to make such '.xmprovement, and on all of the property border--
lng the harbor a contract has already been let for that improvement.'
Mr. Jurney asked if an individual could be required to build a
sea wall on a !or before constructing a house, and was informed that
there is no ord-~nance requiring same. He said he feels that is a
very important item in the .develo~ment~of the City and he and Mayor
Saunders said they think that providin~ for such ..a..restriction should
be explored. . -2- Sp. 1-31-68
Mr. Wilson moved. :that the Loan Agreement, as outlined by the
C~ty Manager, be si~ed at once, ~he ~otion being seconded by Mr.
Jurney and unanimously carried.
The City Attorney and the City Manager and members of his staff
were highly commended on their fine work in working out all of the
many details on this item.
Mayor Saunders reported that he had received an announcement
regarding the dedication of a historical marker, The Orange Grove
HO~e of Refuge No. 3, by the Jonathan D~ckinson Chapter of the
National Society of the Daughters of the American Revolution, said
dedication to be held Sunday, February 18th, at 2=00 P.M., at the
location of the Talbot House, and all members of Council are invited
to attend.
The meeting adjourned at 2:06 P.M.
R. D. WORTHIN.G.
C~ty Clerk
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26-A
LOAN AGREEMENT
1. PARTIES. The parties'to this Loan Agreement are:
a. CITY OF DELRAY BEACH, a municipal corporation
of Palm Beach County, Florida, hereinafter called the City; and
b.~ FIRST FEDERAL SAVINGS AND LOA~ASSOCIATIO~ OF
MIAMI, a federally chartered savings institution, hereinafter
called the Association.
2. PURPOSE. In consideration of this agreement the
City agrees to extend its sewer transmission main system in ac-
cordance with the master plan of providing sewer service to its
inhabitants, as delineated in Exhibit 1 appended hereto and made
a part hereof, to service the area. therein described (the "Service
Area"). The Association agrees to lend to the City the cost of
constructing said sewer transmission main extension upon the terms
and conditions set forth in this agreement.
3. COVENANTS OF T~E CITY. The City covenants and agrees
to perform the following within the times provided:
a. Within 90 days after the effective date of this
agreement to deliver to the Association a complete copy of plans
and specifications for the subject construction prepared by an
engineer licensed to practice in Florida. Said plans shall be
accompanied by a certificate of the engineer that construction
of the sewer extension in accordance with said plans will provide
a system of adequate capacity for the full development of the
service area in accordance with zoning densities of the compre-
hensive rezoning map appended hereto as Exhibit 2.
b. Within 45 days after delivery of plans, to de-
liver to the Association a complete copy of:
(1) Executed contract for the construction of
the subject system at a fixed unit cost
price in accordance.with the plans and
26-B
specifications described in paragraph 3a.
(2) Executed performance'and payment bond
naming t~e Association as additional in-
demnitee.
i3 Executed agreement between the City and
its engineers providing for fixed or de-
~ terminable fees for plans, specifications
and supervision of construction.
c. The city shall'proceed with due diligence in
the construction of the project, and when the construction is
complete, the City will certify the system for use within the.
service area.
d. The City agrees to prepare, annually, an accur-
ate record of bona fide consumers whose property abuts, and whose-
service lines have become directly attached to the sewer system
extension installed hereunder during the preceding year, and to
· annually reimburse to the Association the hookup charges levied
and received by the City from the users according to an ordinance
establishing minimum sewer hookup charges of $150.00 for each con-
.nection made to the subject main within the subject service area.
Said payments'will be .for the reduction of the'~rincipal of the
construction loan advance as long as there is an outstanding bal-
ance due the Association f~r its advance during the.life of this
agreement. Said payment shall be due no later than the last day
of February following. For purposes of this provision a residen-
tial Unit shall consist of a single family dwelling or apartment;
a Commercial unit shall consist of a single business or establish-
ment; and each shall be determined without regard to the number
of sewer line connections. For example, a ten (10) unit apartment
building or ten (10) unit shopping center shall each count as ten
26-C
(10) units for purposes of this paragraph although only one
sewer connection charge to each might possibly be made.
e. The City shall impose,, collect and enforce
sewer service charges for sewer service within the service area
uniform with those in other areas of the City.
f.. The City further agrees to pay the Association
all billings for sewer service from this extension for reduction
of the principal of the construction loan advance as long as
there is an outstanding balance due the Association for its ad-
vance during the life of this a~reement. This payment will be
based upon a record of sewer users of the sewer system extension
installed hereunder as Prepared at~ the close of the City's fis-
cal year by the water and sewer department of' Delray Beach. Said
payment shall be due no later than the last day of February fol-
lowing.
g. When the sewer extension system shall service
one thousand (1000) residential and commercial units, as defined
in paragraph 3d, the City will pay the unpaid balance due the
Association and agrees that, if necessary, it will issue and sell
bonds or other obligations to provide for effecting such payment.
h. The City at all times at its own expense will
operate and maintain the subject sewer main, outfall .line and
appurtenances in good and serviceable condition.
i. So long as there remains any sum due the Associa-
tion, the City will not permit or suffer the subject sewer main
to be used for service to any area except as provided in the
City's Master Plan.
4. COVENANTS OF T~IE ASSOCIATION. The Association agrees
to perform the following:
a. Upon execution of this agreement the Association
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26-D
shall place in a construction loan fund a sum of money equal
to the total estimated cost of the engineering for the design
of subject sewer main extension. Thereafter, and upon awarding
of contract, the Association shall Place such further sum of
money in the 'above account as shall be necessary to defray the
total cost of construction, including the cost of consulting and
resident engineering. In the event the Association determines
that construction costs are excessive, prior to award of constr-
uction contract, the Association thereupon shall have the right
to terminate this agreement 'and the parties hereto shall be re-'
leased from obligations contained in this agreement, except that.
the Association shall .be obligated to the City for one-half of
the engineering fees incurred to that date for the design of
said sewer main extension.
b. The above described loan Shall be non-interest
bearing and shall be disbursed by the 'AssociatiOn in accordance
with the payment schedule of the contracts described in paragraph
3b above, upon written evidence setting forth:
(1) The stage of completion of work certified
by the supervising engineer; and
(2) Certificate of the contractor of payment
by him of all material and labor furnished
to d~te; and
(3)Approval of payment by .the City.
5. GENERAL COVENANTS. The parties covenant and agree:
a. That time is of the essence in the performance
of each of the covenants of this agreement.
b. That this agreement is binding on the successors
and legal representatives of the parties hereto.
c. That the Association at all reasonable times.
shall have the right to enter upon the premises during' the period
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26-E
of construction for
the work for and on behalf of the Association, and to inspect
the records of the City with respect to the ~atters set forth in
paragraphs 3d, e and f.
d. That this agreement constitute the entire agree-
ment between the parties and no oral statements heretofore made
by either party or their agents shall be a part hereof.
e. ~The City reserves the right to issue Water and
Sewer Revenue Bonds in conformity witk the terms and conditions
of Resolution No. 1360 authorizing Water and Sewer Revenue Bonds,
Series 1961;°Resolution No. 1428 authorizing Water and Sewer Re-
venue Bonds, Series 1962; Resolution No. 1468 authorizing Water
and Sewer Revenue Refunding Bonds/, Series 1963; and Resolution
No. 23-65 authorizing Water and Sewer Revenue Bonds, Series 1965.
This reservation shall also apply to all future bonds issued on
the same parity basis.
f. That this agreement may be modified or changed
only in writing and signed by the parties hereto.
6. EFFECTIVE DATE. This agreement shall be effective
on the date that it is s~gned by the Association.
IN WITNESS W~EREOF, the parties set their hands and seals.
CITY OF DELRAY BEACH
Attest:
BX
Dated: JAN 3 1 1968
Corporate Se~l.
FIRST FEDERAL SAVINGS
LOAN ASSOCIATION OF MIAMI
Attest:
-By.
Dated:
Corporate Seal.
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