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Ltr to Alan Jensen fron Dept of Army Corps of Engineers.pdf( ( DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS P. 0. BOX 4970 JACKSONVILLE, FLORIDA 32232-0019 REPLY TO DEC 1 8 1998ATTENTION OF Programs and Project Management Division Project Management Branch Mr. Alan C. Jensen Attorney at Law 935 North Third Street/ Jacksonville Beach/ Florida 32240-0457 Dear Mr. Jensen: This is in response to your letter dated October 9 1 1998 1 regarding the Duval County shore protection project. As discussed during your telephone conversation on October 26, 1998, with Mr. Charles Stevens of our office, we understand that there is no intention by the city of Atlantic Beach to take any action that might adversely affect Federal cost shaliing for the project. Federal cost sharing can remain unaffected as long as the amount and the location of public parking that Federal cost sharing was based upon are not changed. Public parking must remain open to all on an equal basis. If parking stickers were utilized, they should be available for purch~se by anyone, not only by residents of the city of Atlantic Beach. In regard to replacement of public parking spaces, an analysis of the probable impacts of such relocation could be necessary, which would require time and funding to complete. Based upon available information, there is no need for a survey of public parking at this time. If you have any questions or need additional information, 'please contact Mr. Charles Stevens at 232-2113. Sincerely, Richard E. Bonner, P.E. Deputy. District Engineer for Project Management Copies Furnished: Mr. James R. Jarboe, City Manager, City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida 32233-5800 Ms. Kay Lanier, 95 lOth Stre~t, Atlantic Beach, Florida 32205 ALAN C. JENSEN Attorney at Law 935 North Third -Street Post Off"JCe Box 50457 Jacksonville Beach, Florida 3224G-0457 Telephone (904) 246-2500 . Facsimile (904) 246-9960 October 9, 1998 Mr. Richard E. Bonner, P .B. Deputy District Engineer For Project Management Department of the Army Jacksonville District Corps of Engineers P.o. Box 4970 · Jacksonville, FL 32232-0019 RB: City of Atlantic Beach Duval County Shore Protection Project Dear Mr. Bonner: I am the City Attorney for Atlantic Beach and have been directed by the City Commission to write this letter in regard to parking spaces available to the public for beach access in Atlantic Beach. I have copies of your letters dated September 22, 1998, to Jim Jarboe, the City Manager of Atlantic Beach, and Kay Lanier, a resident on Tenth Street in Atlantic Beach. The City Commission is considering various alternatives to assist its citizens in parking problems, especially those close to the Atlantic Ocean and the beach access. The City obviously does not want to take any action which would jeopardize beach renourishment under the Duval County Shore Protection Project, or the federal cost sharing for that project. As you may be aware, the City previously had a residential parking sticker program which was passed in 1992 and then, pursuant to a sunset provision, repealed on February 23, 1994. A copy of former Sec. 21-27 of the Atlantic Beach Code is enclosed. One of the considerations under review by the City Commission is reinstating the residential parking sticker program and we need to know what impact or effect, if any, such a program would have on the renourishment, shore protection project, and federal cost sharing for the project. Related issues and questions include the effect of the parking sticker program if it is limited to Atlantic Beach residents or extended to anyone who may wish to purchase a parking sticker, whether they reside in Atlantic Beach or not; replacing any reserved public parking spaces in the area of Tenth Street, previously discussed with you by Mr. Jarboe, and if in the general vicinity of Tenth Street is acceptable; and if the City can count as new public parking spaces any such spaces created since 1980. ----------------------------------------------- Mr. Richard E. Bonner, P.E. ·· October 9, 1998 Page 2 I would appreciate the opportunity to discuss the above with you at your earliest convenience so that I can hopefully report back to the City Commission at their meeting on October 26, 1998. I will of course be more than happy to obtain any additional information or documenta­ tion you may need in your review of this matter. Thank you very much for your prompt attention to this matter and I look forward to hearing from you soon. Very truly yours, Enclosure ACJ/sky cc: James R. Jarboe, City Manager (w/enc) § 21-25 ATLANTIC BEACH CODE ( b. In front of a public or private driveway upon complaint; c. Within fifteen (15) feet of a fire hydrant; d. Within an intersection; e. On a crosswalk; or f. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. (2) When any vehicle is left unattended at any place where official signs prohibit parking, stopping or standing; (3) When any vehicle is left unattended upon any street or right-of-way for a period of time longer than seventy-two (72) hours; (4) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to traffic, or the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to such an extent as to be unable to provide for its custody or removal; (5) When any vehicle is left unattended upon a street or alley and is so parked illegally, or the vehicle constitutes an obstruction to normal movement of traffic. (Ord. No. 75-82-3, § 10, 4-12-82) Cross reference-Establishment of rotating wrecker call list, § 21-50. Sec. 21·26. Same-Towage and storage charges. Any and all towage and storage charges reasonably due the operator of the garage or place where the vehicle removed under provisions of this article is stored shall constitute a lien against the ve.hicle. The operator of the garage or other place the vehicle is stored is hereby authorized to hold the vehicle until the towage and storage costs are paid by the owner of the vehicle, or, in his behalf, the operator; provided, that in no event shall the city or any officer; employee or department of the city be liable for the charges and costs by reason of their enforcement of this section. (Ord. No. 75-82-3, § 11, 4-12-82) Cross reference-Charges for towing and storage, § 21-51. ~c. 21-27. Residential parking sticker program. (a) Definitions. [The following terms shall have the meanings ascribed to them in this section, except where context clearly indicates a different meaning:] Residential parking street shall mean a street or portion thereof where curbside parking is limited to vehicles properly displaying a residential parking permit authorized by this section. Designated streets will be enumerated by resolution of the city commission and amended from time to time by said body. Resident shall mean any person who resides in or pays real property taxes to the city on '· real estate or on a structUre approved for residential occupancy and who is the owner of such Supp. No. 12 1226 c c TRAFFIC AND MOTOR VEIDCLES § 21-27 structure or tenant therein, or who can demonstrate some other indication of exclusive right­ of-occupancy. (b) Designation of residential parking streets. A street or a portion thereof may be desig· nated as a residential parking street by the city commission acting on its own upon public notice and hearing, or upon request by residents, provided that any request by residents shall be in a petition form suitable to the city clerk and filed with the city clerk, signed by at least flfty (50) percent of all residents eighteen (18) years of age or older who reside on the street or portion of the street under consideration. After advertisement and notice to all property owners of proposed residential parking street or portion thereof, the petition shall be placed on the agenda of a regularly scheduled meeting of the city commission. The commission shall - -then decide on whether or not to designate the street or portion thereof as a residential parking street, provided the city commission makes at least the following findings: (1) It has sufficient information to make such decision; (2) Designation of the proposed residential parking street or portion thereof is in the best interests of the public health, safety, and welfare; and (3) At least flfty (50) percent of the residents eighteen (18) years of age and older to be affected by said designation are in agreement therewith. (c) Withdrawal of designation of residential parking street. The city commission may, at any time, upon petition as aforesaid or on its own motion, upon public notice and hearing, withdraw the designation of an existing residential parking street. Such withdrawal shall become effective thirty (30) days after such vote. (d) Posting of residential parking pennit signs. Following the city commission's vote to designate a residential parking street, parking signs shall be erected on said residential parking street. The signs shall inform vehicle operators that curbside parking on the street is restricted unless said vehicle displays a residential parking permit authorized by this section. Additionally, each parking space shall be painted and/or especially marked to reflect an area for residential parking permit only. Vehicles exceeding the boundaries of the parking spaces so marked ·will not be allowed. (e) Residential parking pennits. The applicant for a residential parking permit must be a resident of the city and the vehicle to which said permit is to be aflixed shall be owned, leased, or, in the case of a company car, issued to a resident of the city. Any resident over the age of sixteen (16) may apply for a residential parking permit by completing an application therefor prescribed by the city manager, which application shall be designed to provide the following information: The name and residential address of the owner of the vehicle, the name, resi· dential address and driver's license number of the principle operator of the vehicle; the make, model and registration number of the vehicle. The driver's license and vehicle registration must be presented with the application. Whenever the director of finance or his designee finds that the applicant qualifies under this chapter for a residential parking permit for the vehicle described in the application, he or she shall, upon payment of the fees set forth herein, issue one (1) residential parking permit in the form of a sticker or other method prescribed by the Supp. No. 12 1227 § 21-27 ATLANTIC BEACH CODE city manager. The fee for a residential parking permit shall be five dollars ($5.00) for the frrst year and one dollar ($1.00) for each year thereafter, payable at the time of the submission of the application for the permit. The fee shall not be prorated and no portion of any fee shall be refundable. (f) Renewal or transfer ofpermits. A holder of a valid permit from the previous year shall be entitled to a new residential parking permit for the current year upon payment of the annual fee and submission of evidence to the director of f'mance or his designee that the holder is still qualified for the residential parking permit. For the purposes of this program, an annual year shall be comprised of the dates between January 1 and December 31. The holder of a valid residential parking permit shall receive a new residential parking permit for the purpose of• transferring the same to another quaiifying vehicle upon completion of a new application and payment of fee as herebefore provided. (g) Use of residential parking permits. A parking permit shall not guarantee or reserve a parking space nor shall it excuse the observance of any traffic parking regulation. It shall be a violation of this section for the holder of a residential parking permit to use said permit when the permit holder no longer fulfills one (1) or more of the applicable provisions of this section. It shall be a violation of the section for any person to represent, in any fashion, that a vehicle is entitled to a parking permit authorized by this section when in fact it is not so entitled. The display of a parking permit on a vehicle not entitled to such a permit shall constitute a violation of this section. It shall be a violation of this section for any person to duplicate or attempt to duplicate a residential parking permit or to display on any vehicle such a duplicate parking permit. It shall be a violation of this section for any vehicle to park in a designated permit parking space on a residential parking street without a valid parking permit issued by the city. (h) Violations and penalties. The parking of any vehicle in a manner contrary to the residential parking provision established herein shall be subject to the penalties and laws provided within the Code of Ordinances of the city. The use of any residential parking permit in a manner contrary to the provisions established herein is prohibited and the same is declared to be unlawful in addition to those penalties dictated above, the city manager or designee shall have the responsibility and authority to revoke the residential parking permit of any resident for the abuse of or use of a residential parking permit in a manner contrary to the provisions established in this section. Revocation of the residential parking permit or conviction of a violation may be considered just cause for denial of future residential parking permits to such resident. The parking of any vehicle in a manner contrary to the residential parking provision established herein shall be subject to the penalties provided in section 21-38 (1) of the Code of the city, as set forth in the schedule attached to Ordinance 75-92-9. (i) This section is hereby repealed effective 12:00 midnight on February 23, 1994. Prior to the repeal hereof, upon review by the city commission, this section may be extended as deemed appropriate by the city commission. (Ord. No. 75-92-9, § 2, 2-24-92) Supp. No. 12 1228 c