39-97 ORDINANCE NO. 39-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMEND ING CHAPTER 101,
"PARKS, BEACHES, AND RECREATION", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 101.15, "DEFINITIONS" TO PROVIDE FOR THE
INCLUSION OF CITY-OWNED PROPERTY GENERALLY LOCATED
NORTH OF BEACH DRIVE AND EAST OF STATE ROAD A-i-A,
AS MORE FULLY DESCRIBED HEREIN, AS PART OF THE
MUNICIPAL BEACH; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Section 101.15 of the City Code provides for
definitions as it pertains to municipal beaches, parks and recreation
sites within the City; and
WHEREAS, the City acquired additional beach property north
of Beach Drive and east of State Road A-1-A since the last amendment
to the definition of Municipal Beach in 1979; and
WHEREAS, the City Commission of the City of Delray Beach
desires to certify the boundaries of the municipal beach and to
incorporate the additional property within the definition of
"Municipal Beach".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations", Chapter
101, "Parks, Beaches and Recreation", Section 101.15, "Definitions",
of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended to read as follows:
MUNICIPAL PARKS, BEACH ANDOT}tERRECREATIONAL SITES
Section 101.15 DEFINITIONS.
For the purpose of this subchapter the following
definitions shall apply unless the context clearly indicates or
requires a different meaning.
"MUNICIPAL BEACH". All the fractional east half of Section
16, Township 46 South, Range 43 East together with that part of Lots
9, 10, 11, 12 and 13 lyinq east of SR A1A, as described in a replat
of part of Seqers Addition, recorded in Plat Book 16, Paqe 89, Palm
Beach County records; and that part of Lots 4, 5, 6 and 7, Block. E
and the south 10 feet of Lot 3, Block E,. as described in the Revised
Plat of Blocks D & E Palm Beach Shore Acres, recorded in Plat Book .7,
Paqe 38, Palm Beach County records, all lying east of the east curb
of State Road A1A (Ocean Boulevard), including the waters of the
Atlantic Ocean within the boundaries of this city.
"PARK". Any land owned or controlled by the city under the
management and administration of the Parks and Recreation Department
and devoted primarily to outdoor recreation activities.
"~CREATION SI~". Any facility, except a park, owned or
controlled by the city, under the management and administration of
the Parks and Recreation Department and devoted primarily to indoor
recreation activities.
Section 2. 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 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ~OPTED in regular session on second and final
reading on this the 23rd day of Septe~er , 1997.
ATTEST:
-- City~i~k ~
First Reading Septe~er 9, 1997
Second Reading Septe~er 23, 1997
- 2 - Ord. No. 39-97
ATLANTIC AVENUE
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MA.NAGER
SUBJECT: AGENDA ITEM # ~ REGULAR MEETING OF SEPTEMBER 23, 1997
ORDINANCE NO. 39-97 (MUNICIPAL BEACH LEGAL DESCRIPTION
AT SECTION 101.15 OF CITY CODE)
DATE: SEPTEMBER 19, 1997
This is second reading and a public hearing for Ordinance No.
39-97 which amends Section 101.15, "Definitions", of the City
Code to provide for the inclusion of City-owned property
generally located north of Beach Drive and east of State Road A1A
in the area defined as the municipal beach under Chapter 101,
"Parks, Beaches, and Recreation".
The current legal description for the municipal beach includes
all of the beach from Casuarina Road on the south to Beach Drive
on the north. The City owns additional property north of Beach
Drive and east of A1A, as illustrated on the attached map.
Ordinance No. 39-97 would include these parcels in the definition
of "municipal beach" By doing so, any alleged ambiguity related
to what property is included in the "municipal beach" will be
clarified.
At first reading on September 9, 1997, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 39-97 on second and final
reading.
ref:agmemo5
CITY JIF i]ELRItV BEIt[H
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Municipal Beach Legal Description - Section 101.15 Code of Ordinances
The current legal description for the municipal beach includes all of the beach from
Casuarina Road on the south to Beach Drive on the north. The City owns additional
property north of Beach Drive east of A~I-A. The parcels owned by the City are
described as follows:
That part of Lots 11 to 13 lying east of SR A1A, as
described in a replat of part of Segers Addition recorded
in Plat Book 16, Page 82, Palm Beach County records;
and,
That part of Lots 9 and 10 lying east of SR A1A, as
described in a replat of part of Segers Addition recorded
in Plat Book 16, Page 89, Palm Beach County records;
and,
The part of Lots 4 to 7, block E and the south 10 feet of
lot 3, Block E, all lying east of SR A1A, as described in
the Revised Plat of Blocks D & E, Palm Beach Shore
Acres, recorded in Plat Book 7, Page 38, Palm Beach
County records.
The attached map illustrates the parcels owned by the City.
The proposed ordinance would include the above-described parcels in the definition of
"municipal beach." By including these parcels in the definition, any alleged ambiguity
related to what property is included in the "municipal beach" could be clarified.
City Commission
August 13, 1997
Page 2
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COMIVlISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101,
"PARKS, BEACHES, AND RECREATION", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY
AMENDING SECTION 101.15, "DEFINITIONS", TO PROVIDE
FOR THE INCLUSION OF CITY OWNED PROPERTY
GENERALLY LOCATED NORTH OF BEACH DRIVE AND EAST
OF STATE ROAD A-l-A, AS MORE FULLY DESCRIBED HEREIN
AS PART OF THE MUNICIPAL BEACh1; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Section 101.15 of the City Code provides for definitions as it pertains to
municipal beaches, parks and recreation sites within the City; and
WHEREAS, the City acquired additional beach property north of Beach Drive and east of
State Road A-1-A since the last amendment to the definition of Municipal Beach in 1979; and
WHEREAS, the City Commission of the City of Delray Beach desires to certify the
boundaries of the municipal beach and to incorporate the additional property within the definition
of "Municipal Beach".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Title IX, "General Regulations", Chapter 101, "Parks, Beaches and
Recreation", Section 101.15," "Definitions," of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
MUNICIPAL PARKS, BEACH AND OTHER RECREATIONAL SITES
SECTION 101.15 DEFINITIONS.
For the purpose of this subchapter the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
"MUNICIPAL BEACH". All the fractional east half of Section 16, Township 46 South,
Range 43 East to.qether with that part of lots 9, 10, 11, 12, and 13 Iyin.q east of SR AIA, as
described in a replat of part of Se.qers Addition, recorded in Plat Book 16, Pa.qe.89, Palm Beach
County records; and that part of Lots 4, 5, 6 and 7, Bfock E and the south 10 feet of Lot 3, Block
E, as described in the Revised Plat of Blocks D & E Palm Beach Shore Acres, recorded in Plat
Book 7, Page 38, Palm Beach County records all lyin~ east of the east curb of State Road A1A
(Ocean Boulevard), including the waters of the Atlantic Ocean within the boundaries of this City.
"PARK". Any land owned or controlled by the City under the management and
administration of the Parks and Recreation Department and devoted primarily to outdoor
recreation activities.
"RECREATION SITE". Any facility, except a park, owned or controlled by the City,
under the management and administration of the Parks and Recreation Department and devoted
primarily to indoor recreation activities.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. 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 ,1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
rec~am.m'd/O,dmanc
L~..O. 7/97
2 ORD. NO.
CITY OF DELRRY BEACH
CITY ATTORNEY'S OFFICE
..t,~, ~ , i.~i A,,:,, ,E ' IiELRAY BEAC}I, FLORII)A 33444
FA(': ,~Ii
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ail. America City
DATE: August 13, 1997
1993 TO: David T. Harden, CiW Manager
FROM: David N. Tolces, Assistant Ci~ Atto
SUBJECT: Municipal Beach
Attached are the materials regarding the municipal beach legal description. Please place
this on a Commission agenda at your convenience.
If you have any questions, please call.
DNT:smk
Attachment