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Ord 45-08ORDINANCE NO.45-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 92.33, "DOCKAGE RATES", TO PROVIDE FOR A CHANGE IN THE RATE STRUCTURE AND THE ADDITION OF CERTAIN FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAITSE, AND AN EFFECTIVE DATE. WHEREAS, the City sets the dockage rates to be charged far the City Marina; and WHEREAS, the City desires to amend the rate structure far the Marina and to implement certain application fees and daily docking fees. NOW, THEREFORE, BE IT ORDAI1tiTED BY Tf1E CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS; Sectian 1. That the recitations set Earth above are incorporated herein. Section 2. That Chapter 92, "Boats and Boating", is amended by amending Subsection 92.33, "Dockage Rates", to read as follows; Sec. 92.33. DOCKAGE RATES AND FEES. The dockage rates s1~~ and fees~ertainin~ta the Marina shall be set by the City Commission and a copy of the current rates may be found in the City Clerk's Office and the Parks and Recreation Director's Office. These rates and fees maybe changed from time to time as determined by the City Canunissian. The minimum amount charged for dockage shall be the fee for athirty-five-foot -1-i~e-~d boat if a boat is not currently specified an the license agreement ar if a boat is listed on the license agreement and is less than thirty-five (3S) feet in length. . Additional fees, irn be imposed by the Cites mmissian. Sectian 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, ar ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whale ar part thereaf other than the part declared to be invalid. Section 4. That all ordinances ar parts of ordinances in conflict herewith be, and the same are hereby repealed. oG~tavu J. .tlldL Ln2S OrQffiance Sna11 C3ecome et~ectlVe 1171Inedlately upon 1tS passage On SBCOnd and final reading. PASSED ADOPTED in regular session on second and final reading on this the ~~~~ day of , 200. ~~0. ~~ ATTEST: MAYOR City Clerk First Reading ~ ~~_ Second Reading ~.e 2 MEMQRANDLTM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 12, 200$ SUBJECT: AGENDA ITEM 10 G -REGULAR COMMISSION MEETING OF_SEPTEMBER 16, 2048 ORDINANCE NO, 45-4$ ITEM BEFOF~E COMMISSION The item is before Commission for an ordinance amending Chapter 92, "Boats and Boating," of the Code of Ordinances by amending Subsection 92.33, "Dockage Rates", to provide for a change in the rate structure and the addition of application and daily docking fees. BACKGROUND At the first reading on September 3, 2008, the Commission passed Ordinance No. 45-08. RECOMMENDATION Recommend approval of Ordinance No. 45-08 on second and final reading. s i T_O: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: August 26, 2008 SUBJECT: AGENDA ITEM I2.D. - REGULAR COMMISSION MEETING C}F SEPTEMBER 3, 2008 ORDINANCE 45-08 ITEM BEFORE COMMISSION This item before the Commission is Ordinance 45-08 which amends Section 92.33 of the City Code regarding the dockage rates at the City Marina, Ordinance 45-08 provides .that a fee for the application process to obtain a dock at the City Marina as well as a fee for daily docking at the Marina may be charged by the City. The proposed fees will come before you at your September 16, 2008 Commission meeting. It is anticipated that an initial application fee of $50.00 will be charged with an annual renewal fee of $10.00 for those people wha wish to remain on the waiting list. The daily docking fee is anticipated to be $60.00 per night plus tax. The Ordinance removes the fee distinction between a live aboard vessel and anon-live aboard vessel, where every vessel using the Marina will be charged one rate. The Ordinance also allows the Commission to impose additional fees in the future, if it so wishes. RECOMMENDATION Staff recommends approval of Ordinance 45-08. http://miweb001/Agendas/Bluesheet.aspx?ItemID=1401&MeetingId=151[9/12/200$ 8:32:45 AM] ORD17VAlvCE N0.45-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING" OF THE CODE OF ORDI7VANCES BY AMENDING SECTION 92.33, "DOCKAGE RATES", TO PROVIDE FOR A CHANGE IN THE RATE STRUCTURE AND THE ADDITION OF CERTAIN FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City sets the dockage rates to be charged for the City Marina; and WHEREAS, the City desires to amend the rate structure for the Marina and to implement certain application fees and daily docking fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 92, "Boats and Boating", is amended by amending Subsection 92.33, "Dockage Rates", to read as follows: Sec. 92.33. DOCKAGE RATES AND FEES. The dockage rates sl~a~gec~ and fees pertaining to the Marina shall be set by the City Commission and a copy of the current rates may be found in the City Clerk's Office and the Parks and Recreation Director's Office. These rates and fees may be changed from time to time as determined by the City Commission. The minimum amount charged for dockage shall be the fee for athirty-five-foot boat if a boat is not currently specified on the license agreement or if a boat is listed on the license agreement and is less than thirty-five (35) feet in length. "° +"° ~^+° ^"^~^°a ~ ~ ^ +"~~*~~ ~T~° ~ °+'~~~° ^"°^~a "^^* Additional fees, including but not limited to application fees and daily docking fees, may be .imposed by the City Commission. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST: MAYO R City Clerk First Reading Second Readin 2