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Ord 47-09ORDINANCE N0.47-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING SECTION 92.32, "LICENSE AGREEMENT FOR BOAT DOCKAGE", AND SECTION 92.33, "DOCKAGE RATES AND FEES", TO CLARIf'Y CERTAIN LANGUAGE IN THE LICENSE AGREEMENT AND TO MODIFY CERTAIN RATE STRUCTURES, PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to modify the ]icense agreement for the City Marina; and WHEREAS, the City Commission of the City of Delray Beach further desires to modify the rate structure regarding the boat dockage fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 92, "Boats and Boating", Secdan 92.32, "License Agreement far Boat Dockage", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 92.32. LICENSE AGREEMENT FOR BOAT DOCKAGE (A} Each licensee, prior to becoming a licensee of dock space at the City marina, shall execute a written license agreement which shall ae expire upon the date set forth in the license agreement. (B) The license agreement for boat dackage shall be in a form approved by the City Commission. (C} A copy of the license agreement, as approved by the City Commission, shall be kept in the office of the City Clerk and in the office of the Director of the Parks and Recreation Department for public inspection. (D} All licensees shaIl abide by the terms and conditions contained within the license agreement for boat dackage and the City marina rules and regulations, as may be amended Pram time to time. (E} The City shall require notification and the submission of a change of status form when the licensee anticipates termination of the license agreement, upon temporary absence of thirty (30} days or more from the marina or for any other status change. {F} Each resident must sign a marina key receipt as part of the license agreement. Section 2, That Chapter 92, "Boats and Boating", Section 92.33, "Dockage Rates and Fees", of the Code of Ardinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows Sec. 92.33. DOCKAGE RATES AND FEES The dockage rates 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. Tke €eet-in-lf~~ Additional fees, including but not limited to application fees and daily docking fees, may be imposed by the City Commission. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 5, That this ordinance shall become effective upon adoption on second and final r ading. PASSED AND ADAPTED in regular session on second and final reading n this the day of ... '~_, 2Qf}9. ATTEST: MAYA R City Clerk Fixst Reading ~ ~~ Second Reading '"~ t~ 2 ORD. NO.47-09 Page 1 of 1 MEMf3~~ANDLTM TO: Mayor and City Comznissianers FROM: David T. Harden, City Manager DATE: September 11, 2009 SUBJECT: AGENDA ITEM 10.G. -REGULAR C©MMISSIQN MEETING OF SEPTEMBER 22, 2009 ©RDINANCE N©. 41-09 ITEM BEFCIRE COMMISSION This ordinance is before Conunissian for second reading to consider achy-initiated amendment to Chapter 92, "Boats and Boating", by amending Section 92.32, "License Agreement for Boat Dockage", and Section 92.33, "'Dockage Rates and Fees", to clarify certain language in the license agreement and to modify certain rate structures. BACKGROUND At the first reading on September 10, 2009, the Commission passed Ordinance No. 47-09. RECOMMENDATION Recommend approval of Ordinance No. 4?-09 on second and final reading. http:11miweb001lAgendaslBluesheet.aspx?ItemID=2606&MeetinglD=21$ 912312009 ORDIN~-NCE N0.47-09 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACTI, FLORIDA, A~NDING CHA.I''TER 92, "BOATS AND BOATING", BY AMENDING SECTION 9232, "LICENSE AGREEMENT FOR BOAT DOCKAGE", AND SECTION 92.33, "DOCKAGE RATES A.~JD FEES", TO CLARIFY CERTAIN LANGUAGE IN THE LICENSE AGREEMENT AND TO MODIFY CERTAIN RATE STRUCTURES, PROVIDING A GENEI~:AL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. VVI~RE AS, the City Commission of the City of Delray Beach desires to modify the license agreerr~~nt for the City Marina; and V'JHEREAS, the City Commission of the City of Delray Beech fiarther desires to nxn~ify the rate structure rcling the boat dockage fees. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COItiMSSION OF 'I'II QTY OF DELRAY BEACH ASS FOLLOWS: Sin l1. That Chapter 92, "'Boats and Boating", Section 92.32, `license Agreer~nent for Boat Doc]~age", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 92,32. LICENSE AGREEMENT FOR BOAT I30CKAGE {A) Each licensee, prior to becanung a licensee of dock space at tree City marina, shall execute a written license agc~eernent which shall arr~~n;~ expire upan the date set forth in the license a rte. {B) The license agreexx~ent for boat dockage shall be in a farm aTp~roved by the City Commission. (C) A cagy of the license a~~reement, as approved by the City Commission, shall be kept in the office of the City Clerk and in the office of the Director of the Parks and Recreation Department far public irtspectian. (D) All licensees shall abide by the terms and conditions contained within the license agt~eer~nt far boat docl~~ge and the City marina rules and regulations, as maybe amended from time to tirr~e. (E ~ The City shall ~re notification and the submis,~on of a change of status form when the licensee anticipates termination of the license agreen~nt, upon temporary absence of thirty {30} days ar more from the marina or for any other status clni~nge. (F} Each resident must sign a marina key receipt as part of the license agreezr~ent. fiction 2. That Chapter 92, "Boats and Boating,', Section 92.33, "Dockage Rates and Fees", of the Cade of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows : Sec. 92.33. DOCKAGE RATES AND FEES fee~in-ien~~ Additional fees, inclining but not limited to application fees and daily docking fees, may be imposed by the City Commission. Section 3. That aIl ordinances or parts of ordinances in conflict herewith be, and the sarr~ are hereby repealed Section 4. That should any section or provision of this ordinance, ar any portion thereof, or any parai~apfi, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision sha]I not affect the validity of the remainder hereof as a whole or part thereof, other tfran the part declEu~ed to be invalid. Section 5. That this ordu-rance shall become effective upon adoption on second and final reading. PASSED AND ADOPTED in r~;ular session an second and final reading on this the day of .2009. ATTEST: City Clerk First Re;~tling Second Re~cling MAYOR 2 ORD. N0.4?-09 The dockage rates and fees pe~~.~inirig to the marina shall be set by the City Corrunission 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 dlanged from time to time as deteiTnirieci by the City Comrrussian ~e Page 1 of 1 ME1I~ORANDUII~I TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: September 3, 2009 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEE'CENG OF SEPTEMBER 10 2009 ORDINANCE NO, 47-09 ITEM BEFORE COMMISSICIN The item before Commission is consideration afan ordinance amending Chapter 92, "Boats and Boating'", by amending Section 92.32, "'License Agreement For Boat Dockage", and Section 92,33, "Dockage Rates and Fees", to clarify certain language in the license agreement and to modify certain rate structures. BACKGRUUND This ordinance amendment is before Commission for approval to change the annual expiration date for marina license agreements from September 30 of each year to the expiration date set forth in the license agreement. The ordinance also removes the minimum charge for dockage, which had been the fee for a thirty-five foot boat. These modifications are necessary to proceed with the proposal to change the rates at the City Municipal Marina. RECOMMENDATIQN Recommend approval of Ordinance Na. 47-09 an first reading. http:/lmiweb001lAgendaslBluesheet.aspx?ItemID=2561 &MeetingID=217 9111!2009