Ordinance No. 75-19-22ORDINANCE NO. 75-19-22
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21, TRAFFIC
AND MOTOR VEHICLES, ARTICLE II — STOPPING, STANDING AND
PARKING ON PUBLIC PROPERTY, DIVISION 3, CONTROLLED AND
METERED PARKING BY ADDING A NEW SECTION 21-46 - PAY FOR
PARKING REVENUE FUND; PROVIDING FOR CONFLICT, FOR
SEVERABILITY, AND FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities
shall have governmental, corporate and proprietary powers to enable municipalities to conduct
municipal government, perform municipal functions and render municipal services; and
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may
exercise any power for municipal purposes except as otherwise provided by law; and
WHEREAS, the City Commission desires to create regulations as part of Chapter 21 of the
Code of Ordinances establishing regulations which govern how revenue from the payfor parking
program in the Beaches Town Center is spent; and
WHEREAS, the City Commission of the City of Atlantic Beach has determined that it is
necessary to amend Chapter 21 to establish a revenue fund in which the revenue derived from the
pay for parking program in the Beaches Town Center area shall be deposited; and
WHEREAS, the City Commission desires to utilize the funds for complete streets projects
sidewalks, cross walks, traffic calming measures, etc.), alternative transportation solutions within
the City, and for landscape/hardscape projects in the Beaches Town Center area; and
WHEREAS, the City Commission considered this Ordinance after proper public notice and
comments from staff and the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. Article II, Division 3 of Chapter 21, Traffic and Motor
Vehicles, of the Code of Ordinances of the City of Atlantic Beach is hereby amended to add new
Section 21-46 - Pay for Parking Revenue Fund, as follows:
1
Sec. 21-46. —Pay for Parking Revenue Fund
a) Establishment offund The city commission hereby establishes the pay for parking revenue
fund ("parking fund") for the purposes of accepting and disbursing monies paid to the city from
the pay for parking program in the Beaches Town Center. This parking fund may be used within
the City boundaries to fund complete streets projects including but not limited a comprehensive,
integrated transportation network with infrastructure and design that allow safe and convenient
travel along and across streets for all users, including pedestrians, bicyclists, persons with
disabilities, motorists, movers of commercial goods, users and operators of public transportation,
seniors, children, youth, and families (i.e., new sidewalks, sidewalk repairs, cross walks, traffic
calming measures, bike racks, road diets, benches, transit shelters/ride share drop off points, etc.).
This parking fund may also be used to fund landscape and/or hardscape projects within the Beaches
Town Center area. The parking fund may also be used to fund alternative transportation and
parking solutions within the City. Ten p ° Fifty percent (50%) of the first year's parking
revenue funds received by the City shall be reserved, until the buy-out terms expire as outlined in
the Interlocal Agreement with the City of Neptune Beach approved in accord with Resolution No.
19-48, oto fund the required hardware/software pay off buy-out in the event the city
cancels the joint pay for parking program. No other uses of the parking fund are permitted.
b) Terms of existence. The parking fund shall be self-perpetuating from year to year unless
specifically terminated by the city commission.
c) Parking fund assets. All funds received shall be placed in the parking fund for and inure to the
public use and benefit of the city. Said funds shall be used in accordance with the provisions of
subsection (a) above and distributed as designated by the city commission.
d) Parking fund administration.
1) Parking funds shall be used only for the purposes designated by the city in accordance
with the intent of this Section 21-46 and the applicable goals, objectives and policies as set
forth within the comprehensive plan.
2) All funds collected from the pay for parking established in Division 3 of this chapter
shall be deposited in the parking fund, which shall be a separate account established and
maintained apart from the general revenue fund of the city.
e) Disbursal ofparking fund assets.
1) Expenditures for projects funded by the parking fund shall be made in accordance with
the established purchasing procedures of the city.
Ordinance No. 75-19-22 Page 2 of 3
SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this ordinance
are repealed to the extent inconsistent herewith.
SECTION 3. Severability. If a Court of competent jurisdiction at any time finds any provision
of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in full
force and intact.
SECTION 4. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 12th day of November, 2019.
PASSED by the City Commission on second and final reading this 25th day of November,
2019.
Attest:
Donna L. Bartle, City Clerk
Approved as to form / and correctness:
4 U+
Mden City Attorney
CITY O TLAANNTIC BEACH
61//e/ -
Ellen Lasser, Mayor
Ordinance No. 75-19-22 Page 3 of 3