09-10RESOLUTION NO. 09-10
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ADOPTING REGULATIONS ENSURING CITY RESIDENTS FIRST
PRIORITY FOR THE DEDICATED DOWNTOWN BOAT SLIPS AND
ENSURING PUBLIC ACCESS TO THE CITY-OWNED, NON-LEASED
DOCKS, BOARDWALK, AND PROMENDADE, AS REQUIRED BY §
2.01(6) OF THE CITY CHARTER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is constructing city-owned, public
docks, promenade, side tie moorings and not more than 140 dedicated boat slips
for recreational, non-commercial vessels, together with public restrooms and
dock master offices and associated surface parking on the portion of Clearwater
Harbor and abutting uplands generally located south of Drew Street, north of
Smith's Finger, east of the Intracoastal Waterway Channel and west of the Bluff;
and
WHEREAS, § 2.01(6) of the City of Clearwater Charter requires the City
Council adopt regulations providing city residents first priority for the dedicated
downtown boat slips (the Slips) and ensure public access to the city-owned, non-
leased public docks, boardwalk, and promenade;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby adopts the following regulations to
provide city residents first priority for the Slips:
a. Initial distribution of the Slips shall be done by lottery (the
Lottery). City residents get first priority in choice of said Slips. All
individuals interested in procuring a Slip shall have paid a
$500.00 deposit and have submitted name and contact
information by January 31, 2009. The Lottery shall take place on
March 14, 2009. The City Auditor shall assign a number to each
city resident Lottery participant, assigned in alphabetical order.
The assigned numbers shall be input into a selection generator.
The selection generator shall randomly determine the order of
Slip distribution. Once the city residents' distribution order has
been determined, the same process will be repeated with non-
resident participants. A representative from the Marina will
contact each city resident participant in their respective,
randomly-chosen order, and then will proceed to do the same for
the non-resident participants only upon having contacted all city
resident participants first.
Resolution 09-10
b. For purposes of this resolution, a city resident is defined as an
individual that has manifested an intention to make the City of
Clearwater his or her permanent home. A city resident shall not
include an entity registered with the Florida Department of State
- Division of Corporations. The applicant's status as resident
shall be verified by the applicant providing the following: i) a copy
of the applicant's homestead exemption, or a copy of the
applicant's current residential lease agreement, if they rent, and,
either ii) a copy of the applicant's voter registration card, the
applicant's most recent federal income tax return, or validly
issued Florida drivers license.
C. After the Lottery has taken place, only city residents shall be able
to select Slips on a first-come-first-served basis from March 16,
2009 until April 17, 2009 (only during normal business hours), so
long as the city resident has provided the Marina a deposit equal
to the first month's slip rent.
d. City residents and non-resident property owners shall be eligible
to select slips on a first-come-first-served basis from April 20,
2009 until May 15, 2009 (only during normal business hours), so
long as the city resident or non-resident property owner has
provided the Marina a deposit equal to the first month's slip rent.
e. For purposes of this resolution, a non-resident property owner is
defined as an individual owning any real property within the City
of Clearwater; title to such property shall be under the
individual's name. A non-resident property owner shall not
include an entity registered with the Florida Department of State
- Division of Corporations. The applicant's status a non-resident
property owner may be established by the applicant providing a
copy of a deed relating to a piece of real property within the City
of Clearwater, and the validity of such deed may be confirmed by
Marina staff verifying the deed information with what is recorded
with the Pinellas County Property Appraiser's Office.
f. Non-residents shall be eligible to be placed on a waiting list on a
first-come-first-served basis from March 16, 2009 until May 15,
2009 (only during normal business hours), so long as the non-
resident has provided the Marina a deposit equal to the first
month's slip rent. This deposit shall be non-refundable, except in
the event that the specific Slip requested by the non-resident is
not available after May 15, 2009.
3 Beginning May 22, 2009, all Slips still available will be available
to everyone, regardless of residency or real property ownership,
Resolution No. 09-10
on a first-come-first-served basis.
h. If the implementation of a waiting list becomes necessary after
May 22, 2009, then city residents shall have first priority in
selection of available Slips, then non-resident property owners
shall have priority over non-residents, so long as all interested in
placement on the wait list have provided the Marina a non-
refundable, $250.00 deposit.
Section 2. City-owned, daily-use public docks and side tie moorings shall
only be accessible for public use from 6:30 a.m. to 9:00 p.m. daily. However, an
exception shall be made, at the Harbor Master or the Harbor Master's designee's
sole discretion, if a special event is taking place necessitating the use of the
public docks or side tie moorings past 9:00 p.m.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 5th
day of March
2009.
Frank V. Hibbard
Mayor
Attest:
udeau
ity
Resolution No. 09-10
Assistant City Attorney