84-94A ORDINANCE NO. 84-94A
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING
REGULATIONS", BY REPEALING ORDINANCE NO. 70-94 AND
FORMER SECTION 71.60 OF THE CODE OF ORDINANCES AND
ENACTING A NEW SECTION 71.060, "PARKING METER
PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, TO ESTABLISH THAT ALL PERSONS
MAY OBTAIN A PARKING PERMIT FOR ANCHOR, SANDOWAY, AND
THE HOLIDAY INN NORTH PARKING LOTS, AND TO LIMIT THE
PURCHASE OF PARKING PERMITS FOR THE INGRAHAM AVENUE
LOT TO CITY RESIDENTS IN THE MANNER WHICH EXISTED
PRIOR TO ENACTMENT OF ORDINANCE NO 70-94,
ESTABLISHING A FEE FOR THE PARKING PERMIT, TO PROVIDE
FOR THE TRANSFERRING OF PARKING PERMITS AND THE
ISSUANCE OF SUBSTITUTE STICKERS FOR A SUBSTITUTE
VEHICLE ACQUIRED BY THE SAME PERMIT HOLDER SUBSEQUENT
TO THE ISSUANCE OF THE ORIGINAL PARKING PERMIT;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Delray Beach,
Florida, desires to repeal Ordinance No. 70-94 and prior Section
71.060 to reestablish the status quo existing prior to enactment; and
WHEREAS, the City Commission desires to abide by all deeds
and agreements which provide that there shall be equal access upon
equal terms for parking lots in existence as of November 8, 1983, in
the vicinity of the municipal beach; and
WHEREAS, the City Commission desires to make available
parking permits to all persons on equal terms and conditions for
Anchor, Sandoway, and the Holiday Inn North parking lots and to retain
the residents only parking lot at Ingraham Avenue, said lot being
established after November 8, 1983; and
WHEREAS, the City Commission, through the issuance of
parking permits, desires to raise revenues for the continued upkeep
and maintenance of the aforesaid parking lots.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That Ordinance No. 70-94 which repealed Title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, and former Section
71.060, be, and the same are hereby repealed in their entirety, and a
new Section 71.060, "Parking Meter Permits", is hereby enacted to read
as follows:
Section 71.060 PARKING METER 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 and
the Holiday Inn North parking lots without requiring the payment of
money into the space's parking meter.
(B) A "residents-only parking permit" may be purchased by
City residents from the City for their vehicles which shall authorize
the parking of such vehicles for which the permit was acquired in any
parking meter space, except those otherwise restricted, located within
Anchor Park, Sandoway Park, and the Holiday Inn North parking lots
without requiring the payment of money into the space's parking meter,
and which shall also authorize the parking of such vehicles for which
the permit was acquired in .any parking space, except those otherwise
restricted, located within the Ingraham Avenue parking lot.
(C) The cost of a parking permit shall be fifty dollars
($50.00) per year, plus applicable taxes.
(D) 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 stacker and the
parking permit transferred to a substitute vehicle acquired by the
permit holder subsequent to the issuance of the original parking
permit.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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.
~_~ That this ordinance shall become effective
immediately upon passage on second and final reading.
- 2 - Ord. No. 84-94A
PASSED AND ADOPTED in regular session on second and final
reading on this the 15th day of November , 1994.
ATTEST:
City Cl~rk
First Reading November 1, 1994
Second Reading November 15, 1994
- 3 - Ord. No. 84-94A
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT:
DATE: NOVEMBER 10, 1994
On September 27, 1994, the City Commission passed Ordinance No.
70-94 on second and final reading. This ordinance provided that
only City residents would be able to obtain a parking permit for
the beach parking lots, continued the annual fee of $25.00 for the
permit, and provided for the transfer of a permit and issuance of a
substitute sticker to a permit holder for a substitute vehicle.
Subsequent to adoption, concerns were raised about the
ramifications of prohibiting non-residents from obtaining beach
parking permits.
The City Attorney has researched this matter and and is
recommending that we proceed with the adoption of Ordinance No.
84-94 which provides for the availability of beach parking permits
for residents and non-residents alike upon equal terms for Anchor,
Sandoway and the Holiday Inn North parking lots. The Ingraham
Avenue parking lot will retain its previous "residents only"
status.
On November 1, 1994, Ordinance No. 84-94 was passed on first
reading with a permit fee of $75.00 per year. The vote was 3 to 2,
with Commissioner Alperin, Commissioner Ellingsworth and Mayor
Lynch voting for approval, and Commissioner Randolph and
Commissioner Smith voting against approval.
Attached is a survey of beach parking permit fees charged by other
cities in our immediate area. Also, as requested by the Mayor, we
have attached a summary of beach revenues and expenses. I
previously recommended that the permit fee be increased to at least
$40.00.
Recommend approval of Ordinance No. 84-94 on second and final
reading.
S-o
ref: agmemol0
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /~/~ - MEETING OF NOVEMBER 1, 1994
FIRST READING FOR ORDINANCE NO. 84-94/BEACH PARKING PERMITS
DATE: OCTOBER 28, 1994
On September 27, 1994, the City Commission passed Ordinance No.
70-94 on second and final reading. This ordinance provided that
only City residents would be able to obtain a parking permit for
the beach parking lots, established an annual fee of $25.00 for the
permit, and provided for the transfer of a permit and issuance of a
substitute sticker to a permit holder for a substitute vehicle.
Subsequent to adoption, concerns were raised about the
ramifications of prohibiting non-residents from obtaining beach
parking permits.
The City Attorney has researched this matter and and is
recommending that we proceed with the adoption of a new ordinance
(proposed Ordinance No. 84-94) which provides for the availability
of beach parking permits for residents and non-residents alike upon
equal terms for Anchor, Sandoway and the Holiday Inn North parking
lots. The Ingraham Avenue parking lot will retain its previous
"residents only" status.
Attached is a survey of beach parking permit fees charged by other
cities in our immediate area. Also, as requested by the Mayor, we
have attached a summary of beach revenues and expenses.
Our beach parking permit fees have been 825.00 for over ten years.
I recommend they be increased to at least $40.00. The amount is
blank in the ordinance drafted by the City Attorney.
Recommend approval of Ordinance No. 84-94 on first reading, subject
to establishing the amount of the parking permit fee. If passed, a
public hearing will be scheduled for November 15, 1994.
ref: agmemol0 ~ ~ c~
[IT¥ OF I)ELRII¥ BEIIgH
CITY ATTORNEY'S OFFICE
FACSIN{ILE 407/278-4755 Writer' s Direct Line
DELRAY BEACH ( 4 0 7 ) 2 4 3- 7 0 9 1
Ail. America City MEMO~ND~
~'~'~DATE:''''' October 26, 1994
]993 TO: City Co. lesion
FROM: Susan A. Ruby, City Attorney
SUBJECT: Beach Parkinq Ordinance
Our office researched various deeds and agreements which
pertain to beach parking. Our research indicates that our
funding agreement with '~the State of Florida for Beach
Renourishment dated March, 1980 required that the vehicle
parking spaces remain open and available to all as equal terms.
The City's current agreement with the County dated October 13,
1992 in Paragraph 4(k) and (1) provides that the City shall
maintain all vehicle parking spaces in the vicinity of the
beach project that are under the City's control which existed
on the date of the supplemental agreement dated November 8,
1983, open to all members of the public on an equal basis and
on equal terms. This covenant applies for a period of ten (10)
years beyond the date that the City receives funding for beach
renourishment from the County.
Anchor Park was acquired jointly by the City and the County in
1974, however, the deed is in the County's name and the City
leases the property for five dollars ($5.00) per year. As part
of the lease, the City agreed to treat both residents and
non-residents equally.
Sandoway Park was purchased by the City in 1971. Sandowa¥ Park
was a park in existence in the vicinity of the beach at the
time of beach renourishment agreements and thus residents and
non-residents must be treated equally.
The original Holiday Inn north parking lot was also in
existence at the time the agreements with the State and the
County were entered into and therefore, residents and
non-residents must be treated equally.
Printed on Recycled Paper
City Commission
October 26, 1994
Page 2
Ingraham Park was not established until after November of 1983,
and is therefore, not subject to the beach renourishment
agreement's requirements regarding parking for all residents.
Based on the foregoing,-it is our office's opinion that all
parking lots in the vicinity of the beach which existed as of
November 8, 1983 must be open to all on equal terms.
Therefore, it is our office's recommendation that the ordinance
passed by the City Commission should be repealed and all
parking lots be open on the same basis as existed prior to the
enactment of the recent ordinance.
Attached please find a new ordinance which provides for the
availability of beach parking permits for residents and
non-residents upon equal terms for Anchor, Sandoway and the
Holiday Inn north parking lots. Ingraham Avenue parking lot
shall retain its previous residents only status as it was
established after November 8, 1983.
By copy of this memorandum and ordinance to the City Manager,
our office requests that the revised ordinance be placed on the
ion agenda.
SAR~F~
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
park. sar
MEMO ~om
CITY MANAGEFI'S OFFICE
Survey of Beach Parking Permits
Palm Beach County and North Broward County
Delray Beach -
Resident Permit $25.00 per year
Permit allows parking at meters located at
Sandoway, Anchor and Ingram Parks.
Non-Resident $25.00 per year
Permit allows parking at meters located at
Sandoway and Anchor Parks only.
Deerfield Beach-
Resident Permit $35.00 per year
Non-Resident Permit No
Boca Raton -
Resident Permit $20.00 - $22.88 as of 10/01/94 - $25.47 as of 10/01/95
Greater BR Beach
Taxing Dist. Permit,
Resident $35.00 - $37.88 as of 10/01/94 - $40.47 as of 10/01/95
Permit allows entrance to all beach parks.
Restricted Permit $25.00 - $27.88 as of 10/01/94 - $30.47 as of 10101/95
Permit allows entrance to South Beach Park only.
Non-Resident Perm~ $35.00 - $37.88 as of 10/01/94 - $40.47 as of 10101195
Lake Worth -
Resident Permit $10.00
Seasonal Permit $30.00 Must own property in Lake Worth and live
there part of the year. If property is rented
owner does not qualify for a permit
Non-Resident No
Boynton Beach -
Resident Permit $10.00
Non-Resident $50.00 Good only from May to November
Lantana -
Resident $6.00
Non-Resident $100.00 $50.00 after Apdl 1 of each year. Exp.
9~30~94
~'~ The Greater Boca Raton is the reserve area and extends to the Turnpike. Residents of the
reserve area may purchase a beach permit as listed above.
<~ Residents of Palm Beach County may purchase a non-resident permit which allows entrance
to South Beach Park only. This permit was instituted as a condition for County participation in
the purchase of the land for South Beach Park.
MEMORANDUM
TO: City Commission
FROM: David T. ~arden,~'~ [
City Manager
SUBJECT: Beach Revenues and Expenses
DATE: October 20, 1994
The overall listing of revenues that can be attributed specifically to beach
operations (including parking facilities) is as follows:
· Beach Parking Fees $250,000
· Beach Parking Permits 15,450
· Beach Sailboat Permits 5,000
· Beach Cabana Franchise Fees 42,000
Total Beach Revenues $312,450
The various expenses related to our beach operations (including parking
facilities) are as follows:
· Beach Operations $778,820
· Parking Meter Operations 50,000
· Sea Turtle Conservation Program 12,000
· Dune Maintenance Program 135,000
Total Beach Operating Expenses $975,820
The shortfall in revenues is funded from other General Fund revenues, the
Sanitation Fund ($63,860) and the Beach Restoration Fund ($147,000).
DTH/jms/sam
cc: Joseph M. Safford, Director of Finance
CITY OF DELRAY BEACH. FLORIDA NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed ordinances
at 7:00 P.M. on TUESDAY. NOVEMBER 15. 1994 (or at any continuation
of such meeting which is set by the Commission), in the City
Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida,
at which time the City Commission will consider their adoption.
The proposed ordinances may be inspected at the Office of the City
Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida,
between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, except holidays. All interested parties are invited to
attend and be heard with respect to the proposed ordinances.
ORDINANCE NO. 84-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", BY REPEALING
ORDINANCE NO. 70-94 AND FORMER SECTION 71.60 OF THE CODE OF
ORDINANCES AND ENACTING A NEW SECTION 71.060, "PARKING METER
PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO ESTABLISH THAT ALL PERSONS MAY OBTAIN A PARKING PERMIT
FOR ANCHOR, SANDOWAY, AND THE HOLIDAY INN NORTH PARKING LOTS, AND
TO LIMIT THE PURCHASE OF PARKING PERMITS FOR THE INGRAHAM AVENUE
LOT TO CITY RESIDENTS IN THE MANNER WHICH EXISTED PRIOR TO
ENACTMENT OF ORDINANCE NO. 70-94; ESTABLISHING A FEE FOR THE
PARKING PERMIT; TO PROVIDE FOR THE TRANSFERRING OF PARKING PERMITS
AND THE ISSUANCE OF SUBSTITUTE STICKERS FOR A SUBSTITUTE VEHICLE
ACQUIRED BY THE SAME PERMIT HOLDER SUBSEQUENT TO THE ISSUANCE OF
THE ORIGINAL PARKING PERMIT; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 87-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED
OFFICE CENTER) DISTRICT, IN PART, AND A (AGRICULTURAL) DISTRICT,
IN PART, TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, WHICH
PROVIDES A RESIDENTIAL ZONING DISTRICT WITH FLEXIBLE DENSITIES
HAVING A BASE OF SIX (6) UNITS PER ACRE AND A RANGE TO TWELVE (12)
UNITS PER ACRE, AND WHICH ALSO AUTHORIZES THE CITY COMMISSION TO
ESTABLISH THE DENSITY FOR A SPECIFIC RM DEVELOPMENT BY AFFIXING A
NUMERICAL SUFFIX TO THE DESIGNATION TO LIMIT THE DENSITY TO A
SPECIFIC NUMBER BETWEEN SIX AND TWELVE UNITS PER ACRE, PURSUANT TO
SECTION 4.4.6(H)(1) OF THE LAND DEVELOPMENT REGULATIONS; SAID LAND
BEING LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY
1,400 FEET SOUTH OF LINTON BOULEVARD, AS MORE PARTICULARLY
DESCRI'BED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 85-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL
COMMERCIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING GENERALLY LOCATED ON THE EAST AND WEST SIDES OF
N.W. 5TH AVENUE, BETWEEN N.W. 1ST STREET AND N.W. 2ND STREET; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING' A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 86-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY
FACILITIES) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID
LAND BEING LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE,
BETWEEN S.W. 1ST AVENUE AND S.W. 2ND AVENUE; AND AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 89-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELl{AY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 19 OF DELRAY
BEACH ESTATES LOCATED AT 2706 NORTH FEDERAL HIGHWAY, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING
THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED
IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 90-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT' 94-1 PURSUANT TO
THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT
94-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
- 2 -
ORDINANCE NO. 91-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING
CHAPTER 112, "ALARM SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR THE REGULATION OF
ALARM SYSTEMS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL
REPEALER CLAUSE,~ A SAVING CLAUSE, AND AN EFFECTIVE DATE.
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide nor
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
November 4, 1994 Alison MacGregor Harry
City Clerk
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