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8246-11ORDINANCE NO. 8246-11 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; ESTABLISHING A MINIMUM RATE FOR NON-RESIDENT FEES AND PROVIDING ADDITIONAL CRITERIA IN ESTABLISHING 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 enforcement of the surcharge factor to clarify the minimum amount due, which was established when first approved; and WHEREAS, the definition of Corporate memberships needs to be clarified and the inclusion of Silver Sneaker members added; 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. 8246-11 (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. (e) Minimum rate: The minimum nonresident fee established by City Council is $180 per person. If and when the formula yields a higher fee, that fee becomes the new minimum fee. (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; (d) Persons who are employees of the city, and their family which is hereby defined as "Husband and wife or legal guardian and their children who live in the same household, who are 18 years of age or under, or less than 23 years of age and a full time college student; (e) Persons who are retirees of the City of Clearwater; (f) Active Military personnel and their family as defined in (d); (g) Full Time employees or clients of the Upper Pinellas Association for Retarded Citizens (UPARC), for the use of the Long Center facility and programs only; Ordinance No. 8246-11 (h) Corporate memberships to City wellness programs at City facilities funded b businesses or employees of government institutions (f8F businesses within the incorporated boundaries of the City)where the fiFSt ten rnembeFShin6 Of the nnrnernFion are paid as nnnlinnhle non resident fees; the eleven4h s resident fees being applied- (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. (5) Notwithstanding any provisions herein to the contrary, members of any program coordinated by the City through a third-party contractual agreement shall be permitted to participate in recreational programs at city recreational facilities in accordance with, and to the extent of, the terms and conditions of said contract. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Appr ed as to form: Laura Lipowski Mahony Assistant City Attorney March 3, 2011 March 17, 2011 Frank V. Hibbard Mayor ??FtyF ?? ! C'/J?? Attest: kaalxa? If C-!) Rosemarie Call City Clerk 14 Ordinance No. 8246-11