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HomeMy WebLinkAboutO-1977-141 j 1 ORDINANCE NO. 141 1 AN ORDINANCE REVIEWING GENERALLY TIIE HIS- TORY OF ORDINANCE NO. 56, AS AMENDED BY ORDINANCE NO. 74 , CONCERNING PARKING AT 1 DANIA BEACH, DANIA, BROWARD COUNTY, FLO- RIDA; AND FURTHER REVIEWING GENERALLY THE HISTORY OF THE SUIT ENTITLED "MOULTON AND j SCHUDEL VS. CITY OF DANIA" , NO. 76-11449 , CIRCUIT COURT, BROWARD COUNTY, FLORIDA; i AND REVIEWING TIIE NEGOTIATIONS AND AGREE- MENTS WHICH HAVE BEEN MADE SINCE THE EN- TRY OF A SUMMARY PARTIAL JUDGMENT IN THE SAID CAUSE ON OCTOBER 7, 1976; AND PRO- VIDING FOR A NEW METHOD OF CONTROLLING ' f ADMISSIONS AT DANIA BEACH, DANIA, BROWARD COUNTY, FLORIDA, THROUGH THE USE OF AUTO- MATIC PARKING CONTROL EQUIPMENT; AND AUTH- ORIZING THE USE OF SUCH EQUIPMENT; AND PROVIDING FOR THE ADOPTION OF A SEPARATE j RESOLUTION SETTING FORTH THE RATES TO BE PAID FOR MOTOR VEHICLES ENTERING DANIA BEACH BY PASSING THROUGH THE ENTRANCE POINT WHERE SAID AUTOMATIC PARKING CON- TROL EQUIPMENT IS LOCATED, WITH COLLEC- TIONS TO BE MADE AT POINT OF EXIT; AND j EXEMPTING PATRONS OF THE FISHING PIER COMPLEX FROM PAYING ANY ADMISSION CHARGES TO DRIVE MOTOR VEHICLES TO DANIA BEACH; AND PROVIDING A METHOD OR SYSTEM TO ALLOW SUCH EXEMPTIONS; AND PROVIDING FOR SPECIAL RATES FOR RESIDENTS OF CITY OF DANIA AND j FOR NON-RESIDENTS WHO ARE 62 YEARS OF AGE { OR OLDER; AND PROVIDING THE NECESSARY AUTHORITY FOR THE CITY TO ENTER INTO JOINT MOTIONS WITH OPPOSING PARTIES IN SAID i CAUSE NO. 76-11449 (AND ANY APPEALS FROM SAID CAUSE) SO AS TO AMEND THE SUMMARY PARTIAL JUDGMENT OF OCTOBER 7, 1976 TO ALLOW THE WITHIN ORDINANCE TO BECOME EF- FECTIVE; AND PROVIDING THAT ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; j AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, Donald J. Moulton and Albert Schudel are the I lessees of the fishing pier complex at Dania Beach, Dania, Florida, j under the terms of a lease agreement dated November 30 , 1970, by and j I between City of Dania, a Florida municipal corporation, as "land- ' lord" , and Donald J. Moulton and Albert Schudel , as "tenant"; and i WHEREAS, the said lease agreement dated November 30 , 1970 , has been renewed so that the term of same expires December 31, 1980 ; and i WHEREAS, by ordinance no. 56, of City of Dania, Florida, jI 1 - 1 - i j 1 j j . I l adopted on final reading on March 17, 1975, as amended by ordinance no. 74 , of City of Dania, Florida, adopted on final reading on I ; i August 4 , 1975, City of Dania did impose a charge of $1 . 00 per motor I i vehicle for each vehicle entering the general area known as Dania Beach, Dania, Broward County, Florida, with the ordinance providing for certain special classifications (and lesser charges) for resi- dent motorists and for non-resident motorists of the age of 62 j years, or older; and I WHEREAS, Donald J. Moulton and Albert Schudel, as plain- tiffs, filed a complaint against City of Dania, a Florida municipal corporation, as defendant, in cause no. 76-11449 , in the Circuit I Court of the 17th Judicial Circuit of the State of Florida, in and j for Broward County; and IWHEREAS, on October 7, 1976, Honorable James A. McCauley, as Circuit Judge, entered a summary partial judgment in favor of the plaintiffs (except as to money damages) and against the defen- dant; and WHEREAS, the said summary partial judgment entered on October 7, 1976, found that ordinance no. 56, as amended by ordi- nance no. 74 , was void, unlawful, invalid, unconstitutional and of no force and effect; and WHEREAS, since the entry of such summary partial judgment, i City of Dania has filed a notice of appeal to the District Court of Appeal, 4th District, State of Florida, so that the said District i Court of Appeal presently has jurisdiction of the cause; and WHEREAS, the real gravamen of the plaintiffs ' complaint was that ordinance no. 56, as amended by ordinance no. 74 , con- stituted an unlawful interference by the city with the terms of the lease agreement dated November 30, 1970, concerning the fishing i pier complex at Dania Beach, Dania, Broward County, Florida; and WHEREAS, since October 7, 1976, the plaintiffs and the i defendant in the said law suit have been investigating and nego- tiating to determine if there is some lawful means by which a 1 - 2 - i different type of ordinance might be enacted which would allow City i of Dania to derive revenues from those persons using Dania Beach, i Dania, Broward County, Florida, under the police power of the city ! so that the amount of revenues would have some reasonable relation- 1 ! ship to the actual costs incurred by the city in maintaining and policing Dania Beach, Dania, Broward County, Florida; and i WHEREAS, the plaintiffs in the aforesaid law suit, as i the tenants under the lease agreement dated November 30 , 1970 , have agreed that it would not amount to an interference with their lease agreement if City of Dania used automatic parking control equipment i of the type found at such public parking lots as the parking lot i at Broward County Court House or at the parking lot at Fort Lauder- I dale-Hollywood International Airport or at the controlled parking i i lot at Memorial Hospital, Hollywood, Florida; and WHEREAS, the summary partial judgment entered on October I 7, 1976, retained jurisdiction for the purpose of determining the �I damages and costs which the plaintiffs had sustained as a result of the effect of ordinance no. 56, as amended by ordinance no . 74 , i wy i which were in effect for a period of approximately 600 days; and WHEREAS, as a result of formal agreements which appear in the records of the minutes of the city commission of City of Dania, Florida, it was mutually agreed that the city would pay to the plaintiffs the fixed sum of $27,500.00 in payment of all money damages and court costs sustained by the plaintiffs as a result of the cause of action which was the subject of the aforesaid law suit, with the payment to be at the rate of $2,750.00 per month for a i period of ten months, with such payment schedule to begin when the within ordinance becomes in force and effect as the result of a modification of the summary partial judgment entered on October 7, i I 1976; and i WHEREAS, the attorneys of record for the parties in the aforesaid law suit have agreed, in effect, that the basic procedure is one where a joint motion will be filed with the District Court j 3 - � Of Appeal to remand the cause to the Circuit Court, Broward County, i j Florida, so as to vest jurisdiction in the cause in the Circuit I + Court, Broward County, Florida; and f J WHEREAS, thereafter, the parties have further agreed that I a joint motion should be filed withthe Circuit Court, Broward County, j' Florida, to amend the summary partial judgment entered on October 7, 1976, so as to approve, ratify and confirm the validity, legality and effect of the within ordinance, i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, AS FOLLOWS: i Section 1. That Dania Beach, Dania, Broward County, Florida, is more particularly defined as the public park, beach and recreational area fronting on the Atlantic Ocean, consisting of s approximately 24 .64 acres (and being all of the lands which City of Dania owns in the general area) , with such lands having been acquired 1 by two sovereignty deeds which are more particularly described in the complaint in the aforesaid cause no. 76-11449, Circuit Court, Broward County, Florida. i i ` Section 2. That based on its past fiscal and financial experience, City of Dania spends considerable sums of money in I jmaintaining Dania Beach as a public park, public beach and recre- ational area. Such sums are expended for such direct costs as cleaning the beach area and recreational areas from food, trash I Jand debris left by patrons of the area. In addition, the city has the daily responsibility and expense of cleaning the beach area from jseaweed brought in by incoming tides. Also, the city has the expense i of providing for lifeguards and the expense of providing for police protection to the area. The city has constructed various pavilions, benches, picnic tables, toilet facilities, shower facilities, and is engaged in a continuous program of maintaining and updating such facilities. The city recognizes that the only practical way of 1 i I , i 1 gaining access to Dania Beach is through the use of a motor vehicle and that most patrons of the beach park their motor vehicles at i i Dania Beach. Section 3. The city finds that, under its police power, i it is obligated to make a charge to the patrons of Dania Beach that will be reasonable and will have some reasonable relationship to the j actual costs of maintaining Dania Beach. Expressly, the commission finds and determines that the within ordinance is one adopted under i the police power for the purpose of deriving sufficient revenues to pay the approximate costs of maintaining Dania Beach. It is not the intent and purpose of this ordinance that same be in the , nature of a general revenue ordinance which will produce large I profits for the city. i Section 4 . The city further finds that the only reason- able way to charge patrons for the use of Dania Beach is to impose a charge on each vehicle entering the Dania Beach area. Accordingly, the city commission does hereby ordain� Y y promulgate and enact the within ordinance to provide, after such enactment, that each and every motor vehicle entering the Dania Beach area shall be charged a fee under a separate schedule of fees and charges to be adopted by resolution of the city commission of City of Dania, Florida, from I time to time. i i Section 5. The imposition and collection of charges at Dania Beach shall be controlled by a one way traffic-in ticket dis- penser with an accessory automatic gate, all at a point of entry to Dania Beach, with the ticket dispenser automatically printing the time and dispensing a ticket immediately upon entry of a j vehicle to the point of entry. Such device shall restrict entry i by a motor vehicle to the Dania Beach area until such time as the i operator of the motor vehicle removes a time validated ticket from the ticket dispenser. The gate shall then automatically raise (upon i � I � { - 5 - U i I I r; removal of the ticket from the ticket dispenser) to permit the I vehicle to pass through and gain access to Dania Beach. The entire mechanism is one where an employee of the city y shall be stationed at an exit point and will have available to him an "out" clock which will be used to validate each ticket as each patron of Dania Beach drives his motor vehicle through such exit point to leave the Dania Beach area. Said employee of the city shall collect the ap- propriate charge as provided in the separate schedule of charges to be adopted from time to time b i y resolution of the City of Dania. i Section substance and in a general sense, the entire I system shall be one utilizing (insofar as possible) automatic parking control equipment with the operator of a motor vehicle paying � the proper charge at time of exit and not at time of entry to Dania Beach. i I Section 7. The rate schedule adopted by City of Dania shall always provide that the first thirty (30) minutes of time spent at Dania Beach shall be "free" so that no charge shall be i collected from a motor vehicle operator at Dania Beach if the i operator of the vehicle enters Dania Beach and exits Dania Beach within a period of thirty (30) minutes. Section 8. Paragraph XIII. of the lease agreement dated November 30, 1970, by and between City of Dania, a Florida municipal corporation, as "landlord", and Donald J. Moulton and Albert Schudel, as "tenant", is hereby ratified and confirmed and shall remain in full force and effect for the remaining term of said lease. Said paragraph XIII. is entitled "Obligation of Landlord to Provide Public Parking Spaces for Patrons of Fishing Pier" . i' Section g , It is the specific intent and purpose of i this ordinance that bona fide patrons of the fishing pier complex, which is the subject of said lease agreement dated November 30, 1970, shall never be obligated to pay any type of mot or vehicle I � _ 6 �1 I i entrance fee for the right to 4 gain access to Dania Beach in order i to enjoy the facilities of said fishing pier complex. Accordingly, all bona fide patrons or customers of the fishing pier complex who drive motor vehicles into the entrance point at Dania Beach, as aforesaid, are absolutely exempted and excused from paying any motor vehicle admission fee (as provided in earlier sections of this ordinance) and the city shall never attempt to collect any type i of admission fee from such bona fide patrons and customers of the I i fishing pier complex as they pass through the exit point which is a part of the automatic parking control equipment which is the i general subject of this ordinance. I Section 10. As to bona fide i customers of the fishing pier complex who drive their vehicles through the automatic parking con- trol equipment (involving the extraction of a ticket from a ticket dispenser so as to raise the automatic gate controlling entrance to Dania Beach) , said bona fide patrons of the fishing pier complex i will not be obligated to pay any type of admission charge at the i time they pass through the exit point in the automatic parking con- trol system if the ticket (removed from the ticket dispenser) is stamped with an appropriate date stamp to be maintained by the operators of the fishing pier complex. The said stamp (to be maintained by the operators of the fishing pier complex) will be stamped or impressed upon, the ticket obtained by the bona fide customers of the fishing pier complex at the time he passes by the automatic ticket dispenser at the entrance to Dania Beach. The I employees of the fishing pier complex shall be charged with the responsibility of acting in the best faith possible in stamping only tickets of bona fide customers of the fishing pier complex. I The act of Donald J. Moulton and Albert Schudel (through their attorney of record) in signing any joint motions seeking the court i approval of this ordinance, will be deemed also to bind them to the commitment of the within section to act in the best faith Ij 1 - 7 - t I Possible regarding the stamping of entrance tickets only in case any such person requesting such stamping is a bona fide customer of the i fishing pier complex. I i Section 11. After the within ordinance has been in effect for six (6) months and if the city manager, in his sole discretion, i believes that there has been any abuse of the procedure set forth i j in the preceding section regarding the stamping of beach admission i tickets by employees at the fishing pier complex, he--as an admini- i I strative matter--may require an alternate procedure so that, instead i Of the rubber stamp arrangement providing for the stamping of ad- mission tickets, the operators of the fishing pier complex will actually staple to the entrance ticket the cash register tape (or i cash register receipt) , recording the receipt of a payment at the i fishing pier complex, with the stapling of said cash register tape (or cash register receipt) being accepted as evidence by city of 1 Dania that the Person P presenting such entrance ticket to an employee of the fishing pier complex (so as to have his cash register tape I stapled to the entrance ticket) is actually a customer, or patron, of the fishing pier complex , any receipts issued by the Fishing Pier ! equal to a child 's admission fee, excluding receipts issued in the restaurant will be ensteciiont42. tpt eitime that a patron or customer of i the fishing pier complex exits Dania Beach, he shall not be required j to pay any type of beach admission fee--for the privilege of driving his motor vehicle at Dania Beach--if he presents to the I collector employed by the city his original entrance ticket (either fstamped under the provisions of Section 10 . or, having attached by staple the cash register tape in accordance with the procedure set I forth in Section 11.) . Again, it is the specific purpose and in- tent of this' ordinance to exempt all P patrons of the fishing pier complex from the payment of any entrance or exit fee, for the { privilege of driving a motor vehicle into and over the area known as Dania Beach. 1 — s I Section 13. By the separate resolution which the city commission may adopt to set hourly charges to be collected through the use of the automatic parking control equipment at Dania Beach (and excluding patrons of the fishing pier complex) , the city commission may set not only hourly rates (subject to the first thirty (30) minutes being free) but may provide for some type of I encoded plastic card or sticker, to be sold to residents of the City of Dania to permit unlimited annual entrances and exits to Dania Beach for some fixed fee. In lieu of the encoded card, the city in such resolution, may provide for some type of reasonable i sticker to be sold to Dania residents on an annual basis. Further, by the resolution, the city may exempt non-residents or persons who are fully retired from paying any type of admission or exit fee. Section 14 . In complete settlement of the amount the plaintiffs are entitled to receive in cause no. 76-11449 for money i damages and court costs, the city shall a i P y the sum of $27, 500 .00 in ten (10) equal monthly installments of $2, 750. 00 each, with the ! i first of such installments being due on the lst day of May, 1977, I and with the remaining installments being due monthly thereafter. The said payments shall be made by the issuance of drafts of the city, payable to "Walden and Walden, as attorneys for Donald J. i Moulton and Albert Schudel". By supplemental pleadings in the aforesaid law suit, the attorneys for the respective parties shall file pleadings agreeing that a satisfaction of judgment shall be given when said sum of $27,500 .00 is paid in full. 1 section 15. In addition, the city shall have the right to install parking meters at Dania Beach, at its discretion, at all places except where parking meters are prohibited under the terms I of the aforesaid lease agreement dated November 30, 1970 . i Section The city attorney is directed to join in appropriate pleadings with the attorneys for Donald J. Moulton and I 1 \ - 9 - 1 Albert Schudel so that the suit previously referred to, can be remanded immediately by the District Court of Appeal to the Circuit Court, Broward County. Thereafter, the city attorney is directed to join in appropriate pleadings with the attorneys for the plaintiffs in the said suit so that the summary partial judg- ment entered on October 7, 1976, can be modified to approve the I terms and conditions of this ordinance and to ratify and confirm the validity and legality of this ordinance. Section 17. The city, at its expense and after consul- tation with Donald J. Moulton and Albert Schudel, shall construct a sign at the entrance to Dania Beach stating, in words and langu- age to be mutually agreed upon, that all beach admission fees to the fishing pier complex are free. Section 18. That all ordinances or resolutions in con- flict herewith be and the same are hereby repealed to the extent of such conflict. Section 19 . After the passage of this ordinance on second reading, the said ordinance shall be in force and take �•� effect immediately upon the entry of an order by the Circuit I I ! Court, Broward County, Florida, in cause no. 76-11449 , amending i the summary partial judgment entered on October 7, 1976 , with i I such amendment recognizing and confirming the legality and validity of the within ordinance. PASSED and ADOPTED on First Reading this 28 day of March 1977 . I PASSED and ADOPTED on Second and Final Reading this 28 j day of March , 1977. i Mayor-Commissioner City Clerk-Auditor J - 10 - .f i