Title
Dept/ Agency: Administration/Office of Business Administrator
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Interlocal Agreement
Purpose: 2nd Amendment to the Interlocal Agreement between the Newark Parking Authority and the City of Newark.
Entity Name: Newark Parking Authority
Entity Address: 47 Green Street, Newark, New Jersey 07102
Funding Source: Parking Fines
Agreement Term: Forty (40) years (as per Agreement adopted by Resolution 7R1-BE080608)
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient (X ) Other: Interlocal Agreement
Additional Information:
Interlocal Agreement adopted as Resolution 7R1-BE on August 6, 2008.
The 1st Amendment to the Interlocal Agreement adopted as Resolution 7R1-AS on April 27, 2010.
This 2nd Amendment to the Interlocal Agreement restores the Ticket Revenue Sharing arrangement between the City of Newark and the Newark Parking Authority, to the sixty-percent (60%) and forty-percent (40%) distribution levels, respectively, that were in effect prior to the increase in parking fines, fees and penalties, pursuant to Ordinance 6PSF-a, adopted by the Municipal Council on November 2, 2022.
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WHEREAS, the Parking Authority of the City of Newark (the “Newark Parking Authority”) was created and established by virtue of Ordinance 6TB adopted August 3, 1955, which was subsequently amended through Ordinance 6TD adopted on April 4, 1956 (collectively the “Creation Ordinance”), pursuant to the Parking Authority Law (N.J.S.A. 40:11A-1 et seq. of the State of New Jersey, as amended and supplemented (the “Act”); and
WHEREAS, pursuant to Resolution 7R1-be, adopted on August 6, 2008, the City of Newark (the “City”) entered into an Interlocal Agreement with the Newark Parking Authority; and
WHEREAS, pursuant to Resolution 7R1-AS, adopted on April 27, 2010, the City of Newark entered into an Amendment to the Interlocal Agreement with the Newark Parking Authority (hereafter referred to as the “Interlocal Agreement”); and
WHEREAS, one of the primary functions of the Newark Parking Authority is to manage the parking meter operation of the City, which includes the maintenance, servicing and enforcement related thereto; and
WHEREAS, important components of maintaining the parking system are the installation of meters and the designation of permit parking zones in locations that will be of benefit to the residents of the City and also to the businesses located therein; and
WHEREAS, the fees and time limits assigned to meters are also important aspects of the parking system that impact parking convenience for residents and businesses; and
WHEREAS, providing the Newark Parking Authority the power to set parking meter time limits and fees will allow for efficient management and operation of on street parking; and
WHEREAS, pursuant to Resolution 6PSF-a, adopted on November 2, 2022, the Municipal Council adopted an amendment that increases the penalties for the most frequently occurring parking offenses for which tickets are issued; and
WHEREAS, the City desires to amend the Interlocal Agreement to adjust the division of Ticket Revenue Shared between the City and the Newark Parking Authority to reflect the increase in fines, fees and penalties for the most frequently occurring parking offences for which tickets are issued.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
The City of Newark and the Newark Parking Authority agree to amend the Interlocal Agreement and intend to be legally bound by this 2nd Amendment as follow:
1. The Mayor of the City of Newark and/or his designee, the Business Administrator, are hereby authorized to enter into and execute the 2nd Amendment to the Interlocal Agreement between the City of Newark and the Newark Parking Authority initially adopted on August 6, 2008 and amended on April 27, 2010 (the “Interlocal Agreement”).
2. Article I, Definition, of the Interlocal Agreement, the definition for the term “Ticket Revenue Sharing” currently reads as follows:
“shall mean the Authority’s share of revenues derived from fines, fees and penalties, consisting of the fee of $13 or 12.5%, whichever is greater, for each Sanitation/Alternate Side of the Street ticket and $13.00 or 22.85%, whichever is greater, from any other parking violation ticket written on any given day by the Authority and collected by the Municipal Court.”
The definition of “Ticket Revenue Sharing” shall be replaced, in its entirety, by the following:
“shall mean the Authority’s share of revenues derived from fines, fees and penalties, consisting of the fee of $19.00 for each Sanitation/Alternate Side of the Street ticket and $19.00 from any other parking violation ticket written on any given day by the Authority and collected by the Municipal Court”.
However, the Authority’s share of the revenue derived from the fines, fees and penalties for parking ticket violations written by the Authority and collected by the Municipal Court shall not exceed forty-percent (40%) of the total derived revenue in any given month or year.
3. Section 405, Control Over On-Street Parking Spaces and Meters, of the Interlocal Agreement currently reads as follows:
“The Authority shall have the right to govern the use of On-Street parking spaces and meters by posting reserved parking signs or the bagging of meters and collecting fees for the placement of such reserved parking signs or bags over meters that are blocked by construction/demolition, dumpsters/vehicles, carting/moving vehicles, or designed special events and any other purpose that requires the reservation of On-Street parking spaces and meters. The Authority shall have the right to govern the provision of free parking during certain times of the year,”
4. Section 405, Control over On-Street Parking Spaces and Meters of the Interlocal Agreement shall be revised such that, in its entirety, it reads as follows:
“The Authority shall have the right to manage and operate the use of On-Street parking spaces and meters by installing new meters and replacing or maintaining existing meters within the City, and/or bagging meters and collecting fees for the placement of bags over meters that are blocked by construction/demolition dumpsters/vehicles, carting/moving vehicles, or designated special events and any other purpose the requires the reservation of On-Street parking spaces and meters.”
5. Section 501, Location of Parking System, of the Interlocal Agreement shall be amended to include the following two new paragraphs after the last sentence of the Section:
“The Authority may recommend the expansion of the location, use, and placement of parking meters, parking permit zones and/or other on-street parking time regulation and/or fee collection devices, whether physical or virtual, or the Parking System within the City of Newark.
To effectuate this purpose, the Parking Authority shall first by resolution of its Board of Commissioners approve a Schedule of Streets where Parking Meters, Resident Permits or other fee collection devices are to be installed, and there after forward said Schedule of Streets with its recommendation for submission to the Municipal Council to the Director of Engineering and Business Administrator with a copy sent to the Mayor, Municipal Council, and City Clerk. After review and approval of said Schedule of Streets by the Director of Engineering, the Director of Engineering will submit the necessary ordinances to the Municipal Council for its consideration and recommendation for its approval.”
6. Section 502, Use of City Streets, Sidewalks and Public Right of Way for the On Street Parking System, of the Interlocal Agreement currently reads as follows:
The Authority, its agents and contractors may, free of charge by the City, enter upon any streets, alleys, highways, public easements and other public places within the City to enforce applicable parking statutes, ordinances, rules and regulations, and to construct, repair, rehabilitate, operate or maintain any components of the Assets of the On-Street Parking System, including by not limited to meter poles and sign channels installed in the public sidewalks
The City further agrees to waive any requirement for the Authority to file any application or obtain any permit in connection with the Authority’s installation, repair, rehabilitation, operation and maintenance of the Assets of the On-Street Parking System.
Before proceeding with any construction or other major work to the On-Street Parking System within the boundaries of the City, the Authority shall, except in the case of an emergency, give prior written notice of its intention to perform such work to the City through its Municipal Clerk and the Director of the Engineering Department at least five (5) days prior to the commencement of same.
In the event of an emergency, immediate notice thereof shall be provided to the Police Department of the City and written notice shall thereafter be given to the City within five (5) days thereafter. Any area affected by the Authority in preforming such work shall be restored to its former usefulness and condition within a reasonable time, and the Authority shall be responsible for ensuring that the affected work areas are properly maintained, and that proper and adequate measures are taken to ensure the safety of persons and property.
7. Section 502, Use of City Streets, Sidewalks and Public Right of Way for the On Street Parking System, of the Interlocal Agreement shall be revised such that, in its entirety, it reads as follows:
“The Authority, its agents and contractors may, free of charge by the City, enter upon any streets, alleys, highways, public easements and other public place within the City to enforce applicable parking statues, ordinances, rules and regulations, and to construct, repair, rehabilitate, operate or maintain any components of the Assets of the On-Street Parking System, including by not limited to meter poles installed in the public sidewalks.
Before proceeding with any construction of other major work to the On-Street Parking System within the boundaries of the City, the Authority shall, except in case of an emergency, give prior written notice of its intention to perform such work to the City through its City Clerk and Director of the Engineering Department at least five (5) days prior to the commencement of same.
In the event of an emergency, immediate notice thereof shall be provided to the Police Department of the City and written notice shall thereafter be given to the City within five (5) days thereafter. Any area affected by the Authority in performing such work shall be restored to its former usefulness and condition within a reasonable time, and the Authority shall be responsible for ensuring that the affected work areas are properly maintained, and that proper and adequate measures are taken to ensure the safety of persons and property.”
8. The Business Administrator shall file a fully executed copy of the Amended Interlocal Agreement with the Office of the City Clerk.
STATEMENT
This Resolution authorizes the Mayor of the City of Newark and/or his designee, the Business Administrator to enter into and execute a 2nd Amendment to the Interlocal Agreement between the City of Newark and the Newark Parking Authority to restore the Ticket Revenue Sharing arrangement between the City of Newark and the Newark Parking Authority to the sixty-percent (60%) and forty-percent (40%) distribution levels, respectively, that were in effect prior to the increase in parking fines, fees and penalties, pursuant to Ordinance 6PSF-a, adopted by the Municipal Council on November 2, 2022.