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8105-09 ORDINANCE NO. 8105-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO SCHEDULE OF FEES, RATES AND CHARGES, AMENDING THE CODE OF ORDINANCES, APPENDIX A, SUBJECT XI, PARKS, BEACHES, RECREATION; MODIFYING THE DEFINITION OF FAMILY AND PROVIDING ADDITIONAL CRITERIA TO ESTABLISH THE CLASS OF CITY RESIDENTS FOR THE PURPOSE OF APPLYING FEES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater provides recreation facilities and programs for the residents of the City; and WHEREAS, the City Council has established the criteria for the class of city residents for the purpose of imposing varying fees for residents versus nonresidents as users of City recreational facilities; and WHEREAS, there is a need to modify the criteria of city residents to more accurately reflect the intent of meeting the needs of certain groups of people such as active military and retirees of the City; and WHEREAS, the definition of family needs to clarified for purposes of employee families and active military families; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby amended to read: XI. PARKS, BEACHES, RECREATION: * * * Use of facilities by nonresidents (ch.22): (1) Effective June 1, 2005, nonresidents who wish to rent or use city recreation facilities or programs may do so by paying a nonresident fee based on the following formulas which shall be administered by the parks and recreation director: (a) Nonresidents: Department O&M Budget + indirect overhead - budgeted revenue = Net budget divided by population = subtotal Subtotal + Capital Improvement Program recovery component + Card processing fee x surcharge factor = Individual non-resident yearly fee Ordinance No. 8105-09 (b) Annual nonresident family fees: Individual nonresident yearly fees x 2.5 = Annual nonresident family fee. (c) Options in lieu of nonresident card purchase: 1. Pay non-card holder rates for tennis, swimming, classes, and/or admissions. (These fees will vary depending upon activity, however in no case will they be less than or equal to card holder rates.) (d) Surcharge factor: Surcharge factor is established and adjusted by the city manager or his or her designee in order to address the economic climate. A current fee schedule including the surcharge factor shall be set out in parks and recreation departmental policies. (2) The criteria which establish the class of city residents for the purpose of the fees above are: (a) Permanent residence within the incorporated boundaries of the city; (b) Ownership of real property within the incorporated boundaries of the city, as evidenced by the official tax rolls maintained by the county; (c) Tourists and guests temporarily residing at properties three months or less, within the incorporated boundaries of the city as evidenced by a motel key or another resident member; Sf (d) Persons who are employees of the city, and their familv which is herebv defined as: "Husband and wife or leoal ouardian and their children who live in the same household, who are 18 vears of aae or under, or less than 23 vears of aoe and a full time colleoe student"; their spouses and children 'Imo li'lo at homo. (e) Persons who are retirees of the citv of Clearwater; (f) Active Militarv personnel and their familv as defined in (d): (0) Full Time emplovees or clients of the Upper Pinellas Association for Retarded Citizens (UPARC), for use of the Lona Center facilitv and proarams onlv: (h) Corporate memberships for Citv wellness proarams funded bv businesses within the incorporated boundaries of the Citv of Clearwater. (3) Nonresidents who wish to rent a city recreation facility must possess a nonresident card or pay a ten percent surcharge for the rental. Ordinance No. 8105-09 (3) Nonresidents who wish to rent a city recreation facility must possess a nonresident card or pay a ten percent surcharge for the rental. (4) In programs where rentals are charged, or where enforcement is impractical, or a majority of the facilities used by a program are provided in a municipality other than Clearwater, the nonresident fee is not required. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING October 1, 2009 PASSED ON SECOND AND FINAL READING AND ADOPTED October 22, 2009 ,-~y~ Frank V. Hibbard Mayor Approved as to form: ! ./ ',-.-/f LA (/j!..~J.A~(/' h~ Laura Lipowski Mahony , Assistant City Attorney Attest: Ordinance No. 8105-09