03-97 ORDINANCE NO. 3-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71,
SECTION 71.060, "PARKING
"PARKING
REGULATIONS",
METER PERMITS" OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA'Y BY AMENDING THE SECTION
BEACH,
HEADING TO DELETE THE WORD 'METER' AND BY REMOVING
THE 'RESIDENTS ONLY PERMIT' PAR~ING RESTRICTION;
AMENDING SECTION 71.058, "COST OF PARKING OR
STANDING VEHICLE IN CERTAIN METERED SPACES", BY
ADDING THE INGRAHAM AVENUE PARKING LOT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the Interlocal Agreement and Land Lease Agreement
dated July 25, 1995, between the City and Palm Beach County for the
Sandoway House requires that the Ingraham Avenue parking lot be open
to the general public and made available for use on the same basis as
City residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title VII, "Traffic Code", Chapter 71,
"Parking Regulations", Subheading "Parking Meters", Section 71.060,
"Parking Meter Permits", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 71.060 PARKING~R PERMITS.
(A) A "parking ~ permit" may be purchased from the
City by all persons which shall authorize the parking of the vehicle
for which the permit was acquired in any desiqnated permit only
parking ~ space and in any parkinq meter space ~~ /~
~6~/~%~/ located within Anchor Park, Sandoway Park~ ~J~
the Holiday Inn North, and Inqraham Avenue parking lots without
requiring the payment of money into the space's parking meter.
~¢y (B) The cost of a parking permit shall be fifty
dollars ($50.00) per year, plus applicable taxes.
~y (C) Each permit shall cover the period from October
1st through September 30th. There shall be no proration of the
permit fee. The application procedure and the form of the permit
shall be determined by the City administration. It shall be
illegal to deface a parking permit or to transfer a parking
permit from the vehicle for which it was acquired to any other
vehicle. However, if the parking permit sticker and other
sufficient proof is submitted to the City, and when approved in
advance by the City Manager or his designee, the parking permit
sticker may be exchanged for a new sticker and the parking permit
transferred to a substitute vehicle acquired by the permit holder
subsequent to the issuance of the original parking permit.
Section 2. That Title VII, "Traffic Code", Chapter 71,
"Parking Regulations", Subheading "Parking Meters", Section 71.058,
"Cost of Parking or Standing Vehicle in Certain Metered Spaces", of
the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
Section 71.058 COST OF PARKING OR STANDING VEHICLE IN CERTAIN
METERED SPACES.
(A) The cost of parking or standing a vehicle in a parking
meter space located in the Holiday Inn North parking lot, the
Inqraham Avenue parkinq lot, and in the parking lots at Atlantic.
Dunes Park, Anchor Park, and Sandoway Park shall be $.75 per hour.
The cost of parking or standing a vehicle in a parking meter space
located along State Road A-1-A shall be $.75 per hour.
(B) The only coins which the meters accept are United
States quarters.
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, 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.
t 2 - Ord. No. 3-97
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ~OPTED in regular session on second and final
reading on this the 18th day of February . , 1997.
ATTEST:
J City ~erk
First Reading January 7, 1997
Second Reading January 21, 1997 (continued to 2/18/97 as
amended and readvertised)
February 18, 1997 (passed and adopted)
I - 3 - Ord. No. 3-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~/I
SUBJECT: AGENDA ITEM # /OR- REGULAR MEETING OF FEBRUARY 18, 1997
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 3-97
(INGRAHAMAVENUE PARKING LOT)
DATE: FEBRUARY 14, 1997
This is second reading and public hearing for Ordinance No. 3-97
as amended pursuant to direction from the Commission at the
January 21st meeting. Concern was expressed about the removal of
the 'resident only' parking restriction at the Ingraham Avenue
lot, and staff was directed to research the matter further for
possible alternatives. The interlocal agreement and lease
agreement dated July 25, 1995, between the City and the County
for the Sandoway House requires that we open this lot to the
general public and make it available for use on the same basis as
City residents.
The City Attorney has researched the various documents associated
with the beach parking facilities and has determined there is no
location which can be restricted to residents only. In view of
this, Ordinance No. 3-97 has been amended to provide for permit
parking at the Ingraham lot in the same manner it is' available at
Anchor Park, Sandoway Park and the Holiday Inn North lot.
However, this ordinance will also allow for designation of
"Parking by Permit Only" spaces in any of the beach parking lots.
At first reading on January 7, 1997, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 3-97, as amended, on second
and final reading.
ref: agmemo8
downtown and beach areas of the City. The taxis are operated by
a driver who may either pedal manually or who may be assisted
mechanically with a small moped motor. The pedi-cab taxi service
will be available seven (7) days a week from 9:00 a.m. to 11:00
p.m. (possibly as late as 2:00 a.m. on Friday and Saturday nights
to take the bar patrons home). She reported that staff had done
some research and found that in other places where this service
is available, the comments overall were favorable. Since the
City does not currently have an ordinance which deals with
non-motorized transportation, the City would have to establish an
ordinance and have a license agreement with the company. Before
getting into that, staff wanted to bring it to the Commission to
see if there is interest in pursuing it.
Mr. Egan commented that with the resurgence of the
downtown area, alot of things have happened very quickly and
there are alot of issues to be dealt with. Instead of just
outright saying no to this particular use, he recommended that it
be put on hold for a period of time until some decisions are
reached about a number of other issues affecting the downtown,
such as valet parking, lighting concerns, traffic signals and
flow, and noise concerns.
On question from Mayor Alperin, the City Attorney
stated her position is that the contemplated pedi-cab service is
a use not permitted at this point within the City and which is
not allowed to use the City's rights-of-way.
Mr. Randolph expressed concern about any liability the
City may be held responsible for due to any accidents which may
occur with the pedi-cabs on City streets. He felt it imperative
that if and when an ordinance is created, it must be very clear
that the City is not to be and will not be held liable for these
types of things.
Mayor Alperin stated that he has some reservations
about the moped motor, and expressed concern about the potential
for such a use to further inhibit traffic flow in the downtown.
In addition, the use would have to be considered on a temporary
basis and there would need to be a limitation on how many pedi-
cabs and operators would be allowed.
It was the consensus of the Commission to defer any
action regarding this item until other issues currently pending
with respect to the downtown have been dealt with.
At this point, the time being 7:25 p.m., the Commission
moved to the duly advertised public hearings portion of the
agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 3-97~ An ordinance amending Section
71.060, "Parking Meter Permits", of the City Code by amending the
section heading to delete the word 'meter', and by removing the
'residents only permit' parking restriction; amending Section
71.058, "Cost of Parking or Standing Vehicle in Certain Metered
Spaces", by adding the Ingraham Avenue parking lot. 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. 3-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 71, "PARKING REGULATIONS" , SECTION
71.060, "PARKING METER PERMITS", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING THE SECTION HEADING TO DELETE THE
WORD 'METER', AND BY REMOVING THE 'RESIDENTS
ONLY PERMIT' PARKING RESTRICTION; AMENDING
SECTION 71.058, "COST OF PARKING OR STANDING
VEHICLE IN CERTAIN METERED SPACES", BY ADDING
THE INGRAHAM AVENUE PARKING LOT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AND EFFECTIVE DATE.
(Copy of Ordinance No. 3-97 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.
Mayor Alperin declared the public hearing open.
Don McHugh, 200 South Ocean Boulevard/Jardin Del Mar,
stated that in view of what the Commission decided on Item 9.B.,
he felt it would be appropriate for the Commission to defer
action on this ordinance until the City talks to the County.
Joan Baccari, speaking on behalf of the Beach Property
Owners Association, expressed concern over the way this ordinance
is written and feels there are two concerns which need to be ad-
dressed. One is that the ordinance does not state which parking
lots will have the permit parking spaces, nor does it state how
many total parking spaces will be for permit parking. The
parking spaces required by the County can be provided elsewhere
so permit parking could remain at the Ingraham lot.
Kathy Stokes, 1220 Southways, submitted for the record
her letter to City Attorney Susan A. Ruby dated February 13,
1997, regarding resident only parking. She stated that she does
not have a problem with making a compromise to go from resident
only permit parking to general permit parking. However, she
-12- 2/18/97
asked that the ordinance be clarified to clearly reflect what
lots and how many spaces will be available for permit parking.
Alice Finst, 707 Place Tavant, stated that she feels
the simplest thing to do is to leave the resident only parking
only at Ingraham Avenue. There is no reason to change something
that everybody has gotten used to.
There being no one else who wished to speak on this
ordinance, Mayor Alperin declared the public hearing closed.
Discussion by the Commission followed.
The City Manager stated that the permits can be used in
any of the beach parking lots because you can park in a metered
space with a permit. The only question that needs to be resolved
is where will 'permit only' be allowed; in other words, spaces
without meters where you will only be allowed to park if you have
a permit. Staff had envisioned they would remain at Ingraham,
but if spaces were added at Ingraham that the additional spaces
would be metered. There has been discussion about the under-uti-
lization of those 49 spaces at Ingraham parking lot.
After discussion, Mr. Egan moved to adopt Ordinance No.
3-97 as written on Second and FINAL Reading, seconded by Mr.
Ellingsworth. Upon roll call the Commission voted as follows:
Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes. Said motion passed with a 4 to 0 vote.
Mr. Ellingsworth moved to direct that 49 parking spaces
in the Ingraham Park parking lot shall be maintained as permit
only parking spaces, with the understanding that the number of
permit only parking spaces shall be reevaluated in one year's
time subject to a survey of the parking utilization by staff,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote.
~0.B. ORDINANCE NO. 6-97: An ordinance establishing the West
Settlers Historic District and designating it to the Local
Register of Historic Places. 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. 6-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING
THE WEST SETTLERS HISTORIC DISTRICT AS THE
SAME IS MORE PARTICULARLY DESCRIBED HEREIN;
DESIGNATING THE WEST SETTLERS HISTORIC
DISTRICT TO THE LOCAL REGISTER OF HISTORIC
PLACES; PROVIDING FOR THE AMENDMENT OF THE
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"
-13- 2/18/97
Facilities Development December 2, 1996
&. Operations Department
~523 Belvedere Road. Building 503
West Palm Beach, FL 33406 R. Brian Schutt, Esq.
Assistant City Attorney
(56u2~-o2oo city of Delray Beach
F~X:^dm.(56~)233-0206 200 NW 1st Street
PgEM. (501) 2~-0210 Delray Beach, FL 33444
C~D. (S~U 2~-0~?0
Re: Interlocal Agreement dated July 25, 1995
(R95-992D) by and between Palm Beach County
and the city of Delray Beach and Land Lease
· Agreement dated July 25, 1995 (R95-993D)
between Palm Beach County as Lessor and
the City of Delray Beach as Lessee.
~a~m Bea=h Co..~ Restricted parking at Ingraham Parking Lot
Board of County
Commissioners Dear Mr. Schutt:
Ken L. Foster, Chairman
On November 22, 1996 an inspection was made of the
Bur~Aaronson, Vice Chairman properties which are the subject' of the above referenced
Interlocal Agreement and Lease. At that time it was
Karen T. Marcus determined that restricted parking is still being
Carol A, Roberts enforced at the Ingraham Parking Lot on Ingraham Avenue
between Gleason Street and Old Ocean Blvd. (State Road
Warren H. Newell A1A) . We have attached photographs taken on November 22,
1996 which document this condition.
Mary McCar~y
MaudeFord Lee Pursuant to Agreement #5, page 1 of the Interlocal
Agreement and Article I, Section 1.03 and Article IV,
Section 4.01 of the Land Lease Agreement, we request that
County Administrator all restrictive parking signage at the subject parking
lot be removed at the earliest possible date. We would
Rober[Weisman. P.E. also appreciate being notified when this action has been
completed.
If you have any questions, please call me at 561-233-
0214. Thank you for your cooperation in this matter.
Sincerely,
Robert D. Strane ~ ~ ~
Property Specialist
-An ~ua~ o~.,i~y Attachment
AffirrnativeAcr~on£mploye'r' C: Ross C. Her~ng, Director, PR£M ................
Lease File
Lease Mgmt. Ffie
CORE Ff[e: 12-43-46-16-22-024-0010 PR
Project Fi~e $chutt. Let
~ printed on recycled paoet
JUL 2 5
THXB ZNTRItLOCAL &GRS~KR~ made and entered ~nto mm o~ ~u~y 18,
~995~ b~ and between PA~BBACH COUNTY~ a po~ca~ s~div~s~on o~
~e S~a~e of ~oF~da (~ho 'Coun~~) and ~B C~Y oF DE~Y B~ACH,
a mun~c~pa~ corporation ex~s~n~ under ~he ~a~s o~ ~he S~a~e
W~HB S HBTH:
~E~8, ~hm City desires to ac~ire a parcel of property
across from its ~unioipal beach consisting of approxi~ately 1/3 of
an acre improved with a 3,700 s~are foot resi~ential st~cture;
and
~E~S, ~e purpose of said ac~isition ~ to provide for
additional beach parking, %o e~ance the recreational potential
=he beach area and to provide for potential parks and recreation
related educational opportunities including, without limitation,
the establishment of a marine education center; an~
~AS, the C~ty does not have sufficient ~nds to ac~ire
said proper~y; and
~E~aS, the Co~y is willin~ to assist thm City
furthering %he above described purposes by ac~lrin~ said property,
'provided ~e city actively and diligently seeks grant funds
rei~urse the County for the funds expended by the County in
ac~iring said property and ~m City agrees to provide additional
beach parking as part of the development of said property and
surrounding land.
NOw, THeREFOr, for and in consideration of '~e mutual
covenants and agreements contained herein, the parties hereby agree
as follows:
1. The facts set forth above are true and correct.
2. The County shall ac~ire the real property legally described
in Exhibit "A", together with all improvements
%hereon, pursuant to the Agreement for ~rchase amd Sale
attached hereto as E~ibit "B".
3. county shall fund $600,000 of the purchase price ut~lizing
park ~mpact fees. ~he C~y shall ~und all costs
~w~th the acquisition of this ~roperty pursuant to ~he at~ach~d
Purchase and Sale Agreement in exces~ of the $600,000 to be
funded by County, provided however, that Cit~*s total
obligation pursuant to his Section 3 shall ~ot exceed $25,000.
City agrees to pay sa~d co~t~ ~o County not ~es~ than f~ve (5)
days prior to the scheduled closing dace.
4. Upon ac~is~t~on of ~i~le to the proper~y by County, County
shall lease the same to C~ty for a per~od of ~we~-f~ve (25)
years upon the ~e~s, covenant~ and conditions set fo~h
the Lease Agreement attached hereto as Exhibit "C".
5. C~ty agrees tha= as an ~nduceme~t ~o County to ack,re the
property on behal~ o~ ~he City, City shall develop the
property and C~ty's adjacent parking lot on ~he south side
the prope~y to.proVide as many new parking spaces as
reasonably practical, bu~ ~n no event le~ than ~irty (30)
n~ ~paces. C~ty acknowl~dge~ tha~ ~his ~ay r~ire the
mod~ficat~on of ~ existing parking ~o~ andre inco~oration
of one lane of Ingraham Avenue ~n=o ~ts parking lot. city
agrees to p~rfo~ any and all modifi=ation~ and improvements
1
to the property, the City's existing parking lot and Ingraham
Avenue which are necessary to provide said additional parking
spaces, all at Cityfs sole cost and exp~nse. . city further
agrees that its existing parking lot and all additional
parking spaces .created pursuant to this Agreement, shall be
open to the general public an~ shall be available for use by
~he general public on the same basis as residents of the City
of Delray Beach.
6. City shall actively and diligently pursue grant funding.
County agrees to file a Joint application with the City =o the
Florida Communities Trust for 9rant funding for this project
and to take all measures reasonably required to secure said
grant funding. The Proceeds of any such grants shall be paid
to County to partially reimburse County the funds eXpended in
acquiring said property. Notwithstanding the foregoing, An
the event the City identifies a City park project which
includes the acquisition of additional land and construction
of improvements to provide, additional beach parking, the city
may offset the acquisition and consuruction cost of the
additional parking spaces against the funds due County
hereunder. In the event city is unsuccessful in obtaining at
least $300,000 in grant funds within three (3) years of the
date of this Agreement, County shall have the right, at its
option, to terminate this Interlocal Agreement and the Lease
Agreement. In the event of such termination, County shall
refund to C~ty Cityts contribution to the acquisition costs of
the Property paid pursuant to paragraph 3 above, and to the
extent required pursuant to applicable grant funding
agreements, County shall refund directly to =he grant agency
the proceeds of any grants received by City and paid to County
pursuant to this paragraph 6, whereupon the parties shall be
relieved of al! further obligation hereunder and ~nder the
Lease Agreement.
7. Pursuant to Section 153.01(11), this Interlace1 Agreement
shall be filed with the Clerk of the circuit Court of Palm
Beach County, Florida.
(INTENTIONALLY LEFT BLANK)
8. ?h~e Interlocal Agreement and the Lease Agreement constitute
the entire Understanding and agreement of the Parties hereto
Vith respeot to the subject matter hereof. This lnterlocal
Agreement ma~ not be modified or emended, excep2 by a ~r~tten
agreement executed bF bo2h para,es ~th the sane fo~al[t~ as
the ~ecut~on of this Interlocal Aqre~ent.
XM W~T~BBB ~B~EOF, ~he par2~es have ~aU~ed th~s ~nterlocal
A~e~t to be executed as of the day and year f~rst above
~tten.
~ H. WI~N,~ PA~ BEA~ COU~y,
r State of
~ Deputy Clerk '
. ..~'. .~-~ ..~
A PUBLIC HEARING ~11
?:~0 P.M ~e TL~ESDAY, FEBRUARY
1~, 1997 ~or a~ ~ny contJrr~$ion
i~ et ~ ~ice
Cl~k it CI~ HIlL 1~ N.W, 1~ Av~
~ ~ ~ I:~ Lm ~ 5:~ ~.m.,
AN O~OlNANC~ OF THE CITY CO~-
~I~51ON OF TH~ ~ITY'OF DELR~Y
~EACH, FLORIDA, ~NDING
METER PE~MiT~', ~ THE CODE
OF O~DINANCE~ OF THE CITY OF
~L~AY B~ACH, ~Y ~NDING
TH~ ~CTION HEADING TO DE-
LETE TH~ ~RD '~ETER', AND
BY REMOVING T~E
ONLY PERMIT'
ST~ICTION; ~ENDtNG ~E~TION
~.~, ~T OF PARKING OR
~TERDD ~PACES', BY ADDING
THE I~RAH~ AVENUE PARK.
lNG LOT~ PROViDiNG A GENERAL
REPEALER C~USE, A ~VING
C~USE, AND AN EFFECTIVE
DATE.
c~ ~ ~l any ~is~ ~ by
f~ Ci~ C~mi~ wJ~
any N~ ~ at this ~ri~,
a~ evi~e ~ ~ich t~ ~ar Is
~ .S. ~.01~.
CITY OF DELRAY BEACH
AI/~ MacGr~
Ci~
~e Ra~ N~
Ad ~
DRAF'B'
ORDINANCE NO. 3-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71,
/ "PARKING REGULATIONS" SECTION 71 060, "PARKING
METER PERMITS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING THE SECTION
HEADING TO DELETE THE WORD 'METER', AND BY REMOVING
THE 'RESIDENTS ONLY PERMIT' PARKING RESTRICTION;
AMENDING SECTION 71.058, "COST OF PARKING OR
STANDING VEHICLE IN CERTAIN METERED SPACES", BY
ADDING THE INGRAHAM AVENUE PARKING LOT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAusE, AND AN
EFFECTIVE DATE.
.................. WHEREAS; the Interlocal Agreement and Land Lease Agreement
dated July 25, 1995, between the City and Palm Beach County for the
Sandoway House requires that the Ingraham Avenue parking lot be open
to the general public and made available for use on the same basis as
City residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title VII, "Traffic Code", Chapter 71,
"Parking Regulations", Subheading "Parking Meters", Section 71.060,
"Parking Meter Permits", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 71.060 PAP~KING~R PEPd~ITS.
(A) A "parking ~ permit" may be purchased from the
City by all persons which shall authorize the parking of the vehicle
for which the permit was acquired in any designated permit only
parking ~ space and in any parkinq meter space ' .... · ' '
the Holiday Inn North, and Inqraham Avenue parking
DRA
~y (B).. The cost of a parking permit shall be fifty
dollars ($50.00) per year, plus applicable taxes.
~y (C) Each permit shall cover the period from October
1st through September 30th. There shall be no proration of the
permit fee. The application procedure and the form of the permit
shall be determined by the City administration. It shall be
illegal to deface a parking permit or to transfer a parking
permit from the vehicle for which it was acquired to any other
vehicle. However, if the parking permit sticker and other
sufficient proof is submitted to the City, and when approved in
advance by the City Manager or his designee, the parking permit
sticker may be exchanged for a new sticker and the parking permit
transferred to a substitute vehicle acquired by the permit holder
subsequent to the issuance of the original parking permit.
Section 2. That Title VII, "Traffic Code", Chapter 71,
"Parking Regulations", Subheading "Parking Meters", Section 71.058,
"Cost of Parking or Standing Vehicle in Certain Metered Spaces", of
the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
Section 71.058 COST OF PARKING OR STANDING VEHICLE IN CERTAIN
METERED SPACES.
(A) The cost of parking or standing a vehicle in a parking
meter space located in the Holiday Inn North parking lot ~ the
Inqraham Avenue parkinq lot, and in the parking lots at Atlantic
Dunes Park, Anchor Park, and Sandoway Park shall be $.75 per hour.
The cost of parking or standing a vehicle in a parking meter space
located along State Road A-1-A shall be $.75 per hour.
(B) The only coins which the meters accept are United
States quarters.
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, 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.
- 2 - Ord. No. 3-97
DRAF
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 Ord. No. 3-97
FEB 3
DRAFT
ORDINANCE NO. 3-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71,
"PARKING REGULATIONS", SECTION 71.060, "PARKING
METER PERMITS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING THE SECTION
HEADING TO DELETE THE WORD 'METER', AND BY REMOVING
THE 'RESIDENTS ONLY PERMIT' PARKING RESTRICTION;
AMENDING SECTION 71.058, "COST OF PARKING OR
STANDING VEHICLE IN CERTAIN METERED SPACES", BY
ADDING THE INGRAHAM AVENUE PARKING LOT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the Interlocal Agreement and Land Lease Agreement
dated July 25, 1995, between the City and Palm Beach County for the
Sandoway House requires that the Ingraham Avenue parking lot be open
to the general public and made available for use on the same basis as
City residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title VII, "Traffic Code", Chapter 71,
"Parking Regulations", Subheading "Parking Meters", Section 71.060,
"Parking Meter Permits", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 71. 060 PARKING ~R PERMITS~~ /
(A) A "parking ~p~fmit"p mit" may be purchased from the
City by all persons which shall ~a~h°riZe the parking of the vehicle
for which the permit was acquyred in any designated permit only
parking ~ space and in any/~arkinq meter space without requirinq
,the payment of money into th~ space's parking meter ~J~ /~M~
~M~%~/~%~f/%~~ithin Anchor Park, Sandoway Park~
the Holiday Inn North, and Inqraham Avenue parking lots=
~M~/~~/~f/~/~M~I~/f~/~M~/~M~/~~/~/~~/~/~
DRAF'i'
~¢Y (B) The cost of a parking permit shall be fifty
dollars $50.00) per year, plus applicable taxes.
~Y (C) Each permit shall cover the period from October
1st through September 30th. There shall be no proration of the
permit fee. The application procedure and the form of the permit
shall be determined by the City administration. It shall be
illegal to deface a parking permit or to transfer a parking
permit from the vehicle for which it was acquired to any other
vehicle. However, if the parking permit sticker and other
sufficient proof is submitted to the City, and when approved in
advance by the City Manager or his designee, the parking permit
sticker may be exchanged for a new sticker and the parking permit
transferred to a substitute vehicle acquired by the permit holder
subsequent to the issuance of the original parking permit.
Section 2. That Title VII, "Traffic Code", Chapter 71,
"Parking Regulations", Subheading "Parking Meters", Section 71.058,
"Cost of Parking or Standing Vehicle in Certain Metered Spaces", of
the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
Section 71.058 COST OF PARKING OR STANDING VEHICLE IN CERTAIN
METERED SPACES.
(A) The cost of parking or standing a vehicle in a ?9~king
meter space located in the Holiday Inn North parking lot)_agf~d4 the
Inqraham Avenue Darkinq lot, and in the parking lots at--Atlantic
Dunes Park, Anchor Park, and Sandoway Park shall be $.75 per hour.
The cost of parking or standing a vehicle in a parking meter space
located along State Road A-1-A shall be $.75 per hour.
(B) The only coins which the meters accept are United
States quarters.
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, 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.
- 2 - Ord. No. 3-97
DRAF'r'
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 3-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /~- REGULAR MEETING OF JANUARY 21, 1997
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 3-97
( INGRAHAM AVENUE PARKING LOT)
DATE: JANUARY 17, 1997
This is second reading and public hearing for Ordinance No. 3-97
which amends Chapter 71, "Parking Regulations", Section 71.060,
"Parking Meter Permits", by removing the resident permit only
parking restriction on the Ingraham Avenue parking lot.
The interlocal agreement and lease agreement dated July 25, 1995,
between the City and the County for the Sandoway House requires
that we open this lot to the general public and make it available
for use on the same basis as City residents. The proposed
amendment removes the "resident permit only" parking restriction
and makes the lot available for all permits except as may be
otherwise restricted. By separate ordinance (~4-97), we are also
recommending that parking meters be installed in this lot.
At first reading on January 7, 1997, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 3-97 on second and final
reading.
ref:agmemo8
ONLY PERMIT' PARKING RESTRICTION
WHEREAS, the Interlocal Agreement and Land Lease Agreement
dated July 25, 1995, between the City and Palm Beach County for the
Sandoway House requires that the Ingraham Avenue parking lot be open
to the general public and made available for use on the same basis as
City residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title VII, "Traffic Code", Chapter 71,
"Parking Regulations", Subheading "Parking Meters", Section 71.060,
"Parking Meter Permits", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 71.060 PAl{KING ~~ PERMITS. ~,'~i~
(A) A "parking ~~ permit" ~ay be purchased fr~ the
City by all persons which shall authorize/the parking of the ~ehicle
for which the permit was acquired in any(parking
t/ht~Fgt/SW~w~e~l~i~r ~m~Led~2W~in Anchor Park, Sandoway /
Park~ ~ the Holiday I~ Inqraham Avenue parking lots./
j~withou~ent_.of, ~oney into the space's parking~
eter '
~¢y (B). The cost of a parking permit shall be fifty
dollars ($50.00) per year, plus applicable taxes.
~ (C) Each permit shall cover the period from October
let through September 30th. There shall be no proration of the
permit fee. The application procedure and the form of the permit
shall be determined by the City administration. It shall be
illegal to deface a parking permit or to transfer a parking
permit from the vehicle for which it was acquired to any other
vehicle. However, if the parking permit sticker and other
sufficient proof is submitted to the City, and when approved in
advance by the City Manager or his designee, the parking permit
sticker may be exchanged for a new sticker and the parking permit
transferred to a substitute vehicle acquired by the permit holder
subsequent to the issuance of the original parking permit.
~ction~ That all ordinances or parts of ordinances in
confl~ewit~~, and the same are hereby repealed.
// Section 3. That should any section or provision of this
9~dinance_or any portion thereof, any paragraph, sentence, or word be
~eclared 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
immediatel~age on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 3-97
140
~ gm hOUrS d i:lO i.m. t~ S:O0
I).m~ ANt, My ~ F~y, ~
MS~I~ OF THE C1~ ~ ~Y
B~CH, F~ R~ING
~CING ~ND PRESE~LY
Cl~) DIST~J~ ~N THE
TRI~; ~O ~O BEING L~T.
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FE~L ill.WAY
~TELY 1~ PEET ~RTH
~EN A~NUE, I~ED)ATELY
~ ~ DEL~Y ~EACH, FLOR~
~ .~; PROVIDI~ A
REPE~ER C~U~, A ~Vi~
~U~, ~D ~
~TE.
~ ~DI~NCE ~ THE CI~ ~
M~S~I~ ~ THE CI~ ~
BEACH, F~S~ R~ING AND
P~CING ~O PRESENTLY
MERClAL) DI~RI~ IN THE
)(GENE~L ~ERCIAL) DID
TRI~; ~ID ~ND BEING L~T.
ED AT THE ~RTHWEST CORNER'
~ S.E. ~H AVENUE AND S.E. ~H
STREET, ~ ~KE PARTiCU~RLY
~RSBED HEREIN; ~NDING i
~iNG ~P ~ ~LRAY
FLORID~ ~; PROVIDING A
GENE~ REP~ER C~U~, A
~VING C~USE, AND AN EFFE(
TWE
AN ~DINANCE ~ THE Cl~
MI~IOH ~ THE Cl~ ~ ~L~Y
REACH, FL~I~ ~NDJNG
CHAPTER ~, ~ARKING MEGU~
TION~, SECTI~ ~, ~ARKING
~TER PE~IT~, OF THE
M ~OI~NCES ~ THE C(~
THE 'RESI~NTS ONLY ~IT'
PARKING RESTRICTI~ ~ THE
ING~H~ A~NUE PARKING
~T; PROVIDING A GENE~L
R~LER C~U~, A ~V/NG
AN EFFE~IVE
~ ~DiNAKE ~ THE CI~ ~
MINION ~ THE CI~ ~ ~L~Y
B~CH, FL~I~ ~ENDIHG
~PTER ~ ~ARKING
U~, ~ THE ~E ~
~CES ~ ~E CITY ~
~CH, BY ~NDING ~HEDULE
I. TO REVISE P~RKING ~RS
~R CERT~IN LOTS iN THE ~
T~ ARE~ AND ~NDING
~H~E I1~ ~ARKING ~TER
ZONE~, BY A~ING THE ING~
~ AVENUE PARKING LOT; P~
VIDJNG A GENE~ REP~LER
~ EFFE~I~ ~TE. ·
CI~ ~ ~L~Y l~CN
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~,~Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM - JANUARY 7, 1997 APPROVAl, FIRST READ!NG
ORDINANCE NO. 3-97
DATE: December 30, 1996
Action
City Commission is requested to approve First Reading Ordinance No. 3-97 an
ordinance amending Chapter 71 Parking Regulations Section 71.060 Parking
Meter Permits to remove the resident only permit parking restriction on the
Ingraham Avenue Parking lot. If approved second reading and public hearing
will be held on January 21, 1997.
Background
The Interlocal Agreement and Land Lease Agreement dated July 25, 1995
between the City and the County for the Sandoway House requires that we
open this lot to the general public and make it available for use on the same
basis as City residents. The proposed amendment removes the city "resident
permit only" parking restrictions and makes the lot available for all permits
except as may be otherwise restricted, In a separate ordinance amendment
we are also recommending that parking meters be installed in this lot.
Recommendation
Recommend approval on First Reading Ordinance No. 3-97.
RAB:tas
File:u:sweeney/agenda ~ ~ ~
Doc:parkmete.doc
ORDINANCE NO. 3-97
AN ORDINANCE OF THE CITY COMMISSION OF THE C[ OF
DELP~AY BEACH, FLORIDA, AMENDING 71,
"PARKING REGULATIONS" SECTION 71.060, ING
METER PERMITS", OF TH~ CODE OF ORDINANC OF THE
CITY OF DELRAY BEACH, BY REMOVING THE RESIDENTS
ONLY PERMIT' PARKING RESTRICTION ON INGRAHAM
AVENUE PARKING LOT; PROVIDING A REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFE~ DATE.
WHEREAS, the Interlocal reement Land Lease Agreement
dated July 25, 1995, between t and Beach County for the
Sandoway House requires that ti parking lot be open
to the general public and made .lable use on the same basis as
City residents.
NOW, THEREFORE, B BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, IDA, FOLLOWS:
Secl ion 1. TI Title VII, "Traffic Code", Chapter 71,
"Parking tions", "Parking Meters", Section 71.060,
"Parking Me~ Permits Df of Ordinances of the City of
Delray orida, , same is hereby amended to read as
follows:
Section 71.061 PERMITS.
(A) meter permit" may be purchased from the
City by all pers¢ shall authorize the parking of the vehicle
for which the acquired in any parking meter space except
those otherwise , located within Anchor Park, Sandoway
Park~ ~ the Ho[ Inn North, and Inqraham Avenue parking lots
without requiring t payment of money into the space's parking
meter.
~¢y (B). The cost of a parking permit shall be fifty
dollars ($50.00) per year, plus applicable taxes.
~y (C) Each permit shall cover the period from October
1st through September 30th. There shall be proration of the
permit fee. The application procedure and form of the permit
shall be determined by the City adminiz .ion. It shall be
illegal to deface a parking permit or to transfer a parking
permit from the vehicle for which it acquired to any other
vehicle. However, if the parking sticker and other
sufficient proof is submitted to the and when approved in
advance by the City Manager or his inee, the parking permit
sticker may be exchanged for a new ~icker and the parking permit
transferred to a substitute acquired by the permit holder
subsequent to the issuance of the o] .ginal parking permit.
Section 2. That all o] les or parts of ordinances in
conflict herewith be, and the are hereby repealed.
Section 3. That sh~ ld any section or provision of this
ordinance or any portion ther, any paragraph, sentence, or word be
declared by a court of jurisdiction to be invalid, such
decision shall not affect validity of the remainder hereof as a
whole or part thereof othe~ than the part declared to be invalid.
Section 4. this ordinance shall become effective
immediately upon passag~ on second and final reading.
PASSED AND in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
Clerk
First Readi_/~g
Second~ing
- 2 - Ord. No. 3-97
~:mti~. n~.,~l~,,,e.~ December 2, 1996
~ O~e~atlo~
3323 ~lvede~ Road. B~lding 503
W~t ~lm Beach, ~33406 R. Brian Schutt, Esq.
Assistant City Attorney
(s~u2~-02~ City of Delr~y Beach
~:A~m.(S6D2~-0206 200 ~ 1st Street
P~.(s6~)233~2]o Delray Beach, FL 33444
CID. (~1) 233-02~
Re: I~terlocal Agreement ~ated July 25, 1995
(R95-992D) by and between Palm Beach County
and the City of Delray Beach and L~d Lease
N ~gre~ent dated July 25, 1995 (R95-99~D)
between Palm Beach County as Lessor and
the City of Delray Beach as Lessee.
~m ~ch Cou.~ Restricted parking at Ingrah~ Parking Lot
Boa~ ~ Coun~
(ommlss~one~ Dear Mr. Schutt:
Ke~ ~ ~s~er. Cha{~n
On Nove~er 22, 1996 an inspection was made of the
~u~onso..V~ceChairman 9roperties which are the subject' of the above referenced
Interlocal Agreement and Lease. At that time it was
~ren~.~arcus dete~ined that restricted parking is still being
Caro~.,ooe~ enforced at the Ingraham Parking Lot on Ingraham Avenue
between Gleason street and Old Ocean Blvd. (State Road
wa,enH.~eweil A1A). We have attached 9hotograghs taken on Nove~er 22,
1996 which document this condition.
Mary McCray
~au~e~r~e ~rsuant to Agreement %5, page 1 of the Interlocal
Agreement and Article I, Section 1.03 and Article IV,
Section 4.01 of the Land Lea~e Agreement, we re,est that
co~.~mi.ls~ all restrictive 9arking signage at the subject 9arking
lot be removed at the earliest ~ossible date. We would
~oOe~weisman. P.~ also appreciate being notified when this action has been
comgleted.
If you have any ~estions, please call me at 561-233-
0214. Thank you for your cooperation in this matter.
Sincerely,
Robert D. Strane ~ ~ -..
Property Specialist
Attachment
Af~rmaaveActionEmplo~' c: Ross C. Hering, Director, PREM .................
Lease
kease H9mt. Fire
CORE ~ite: 12-43-~6-~6-22-02~-0010 PR
Projec~ Fi te Schuc~. te~
~ p~t~ ~ ~ ~r
Xl~ERLO~AL
JUL 2 5 19~
lVVSv by and between PALH BRACH ~OU~TY, & pol~tca~ s~div~s~on o~
~ S~a~e of F~o~da (~he ~Coun~') and ~HB CX~Y oF DE~Y ~EACH,
a municipal corporation ex~s~n~ ~de~ ~he lavs of ~he S~a~e
WXTHB S f BTH~
~S, ~e purpose of sa~d ac~s~on ~s to p~ov~de
additional beach parking, to e~ence ~he recreational potential
/ ~e bea~ area and ~o provide for po~efl~al parks and
re~a~ed educa~ona~ opportunities ~nclud~ng~ w~hou~
~ es~ab~s~ o~ a ~r~no education cen~eF; and
~, ~e C~ does no~ have 8uf~c~en~ ~nd~ ~o ack,re
rei~urse the County for the funds expended by ~he County
beach parking as pa~ of ~he development of sa~d propert~ and
surrounding land.
Now, THBREFO~, Eo~ and in consideration of '~e
as
2. The County shall ack,re ~he real proper~ legall~ described
~hereon, pursuant ~o the Agreement for ~rchase and Sale
attached hereto as E~b~
3. County shall fund $600,000 of the purchase price
~rchase and Sale Agreement ~n excess of ~he $600,000 to be
funded by County, provided however, Ehat C~y~s
obl~qa~ion pursuant to h~s Section 3 shall no~ exceed
C~ty agrees to pay oa~d costs to County not less than five (5)
da~s p~or ~o 2he scheduled closing da~e.
4. Upon ac~ls~tlon of title to the property by County, County
years upon the te~s, covenants and condi~ions me2 ffo~h in
~he ~aso Agreement at~ached hereto as Exhibit
S. City agrees ~hat as an inducement to County ~o ac~[re the
property on behalf of the Cit~, C~t~ shall develop the
property and C~tyes adjacent parking lot on the south side
~e prope~y to.provide as many new parking spaces
reasonably practical, but In no even~ less than ~irty (30)
n~ spacts. C~y acknowledges ~hat ~h~8 ~ay r~re ~he
o~ one lane of ~ng~aham Avanue ~n~o ~s pa=k~ng ~o~.
agrees to p~rfo~ any and all mod~f~cations and ~mprovements
1
2
8. This 3:n~e~loeal Agreenen~ and ~
~ltte~ to be exo~tet as o~ ~ Y end yea~ first ~ove
~D ~. ~Ua~.[~~ -~ ...........
. . .;'_~.
~/~.,., ~ a nuni~orporation
'" ...~):':'::;:
,. .
...... :.. ~: · ~.~ ~.. . . :,...:. : -:
~". ~ ..~ .~o~ ".. '.:'
~ ~ ~~~~. Section 71.059
Section 71.059 PARKING TIME LIMITS.
The parking meters shall be operated in the parking meter
zones every day between the hours of 8:00 a.m. and 6:00 p.m.,
including Sundays and holidays. -.
('80 Code, Sec. 26-67(c)) (Ord. No. 21-81, passed 4/21/81; Am.
Ord. No. 46-81, passed 6/23/81)
Section 7%.060 PARKING MET~ PERMITS.
(A) A "parking meter Permit" may be purchased from the City
by all persons which shall authorize the parking of the vehicle
for which the permit was acquired in any parking meter space
except those otherwise restricted, located within Anchor Park,
Sandoway Park/a~ the Holiday Inn North,~arking lots without
requiring the payment of money into the spac~'s parking meter.
(B) A "~sidents-o~ly parking/~ermit" may/be purchased/by
City residers from Me City fo~ their veh~les which ~all
au~Orize~e parki~ of such-~icles for ~ich the perm~ wa~
~~acquire~_in _any ~arking me~ space, e~ept those o~erwi~e
Hol~a~ ~t~k~ot~~ou~requiring the~ayme~ of
m~e~ce~arking m~er, and whic/ shall/ also
ac~
loca
~ The cost of a parking permit shall be fifty dollars
(~50.00) per year, plus applicable taxes.
~ ~ Each permit shall cover the period from October 1st
through September 30th. There shall be no proration of the
permit fee. The application procedure and the form of the permit
shall be determined by the City administration. It shall be
illegal to deface a parking Permit or to transfer a parking
permit from the vehicle for which it was acquired to any other
vehicle. However, if the parking permit sticker and other
sufficient proof' is submitted to the City, and when approved in
advance by the City Manager or his designee, the parking permit
sticker may be exchanged for a new sticker and the parking permit
transferred to a substitute vehicle acquired by the permit holder
subsequent to the issuance of the original parking permit.
('80 Code, Sec. 26-68) (Ord. No. 21-81, passed 4/21/81; Am. Ord.
No. 22-85, passed 2/26/85; Am. Ord. No. 67-86, passed 11/11/86;
Am. Ord. No. 63-89, passed 10/10/89; Am. Ord. No. 70-94, passed
9/27/94; Am. Ord. No. 84-94A, passed 11/15/94)
Vli.25