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98-02 ORDINANCE NO. 98-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RESIDENCY POLICY FOR UTILIZATION OF AVENTURA FOUNDERS PARKS TO PROVIDE PRIORITY TO CITY RESIDENTS; ESTABLISHING A FEE SCHEDULE FOR NON-RESIDENTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, it is the intent of this Council to insure that City residents are provided priority in the use and enjoyment of Aventura Founders Park; and WHEREAS, this Council finds it to be in the best interests of the residents of the City of Aventura to establish a fee schedule for use of Aventura Founders Park by non- residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The following residency policy for use of Aventura Founders Park is hereby established: A. All guests using the park shall be required to obtain and utilize a guest pass or be accompanied by a resident at all times. B. The City Manager shall establish administrative procedures to implement regulations regarding the use of the various types of passes. C. Non-residents shall be permitted to use the park, amenities and facilities on a space-available basis. D. The usage fees for non-residents is as follows: Daily Pass: Adults $5.00 Ordinance No. 98-02 Page 2 Children (17 and under) $3.00 Monthly Pass: Adults $100.00 Children (17 and under) $ 60.00 Annual Pass: Adults $1,000.00 Children (17 and under) $ 500.00 E. Non-resident fees shall not apply to all permitted activities for the purpose of City-sponsored and approved special events, leagues and activities. Non-resident fees shall be in addition to any user fees established by the City. Section 2. Usage fees for non-residents may be amended from time to time by the City Council after public hearing. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion In the Code. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Aventura Code; that the sections of this Ordinance may be renumbered or relettered Ordinance No. 98-02 Page 3 to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section $. This Ordinance shall become effective immediately after adoption on second reading. The foregoing Ordinance was offered by Vice Mayor Beskin, who moved its adoption on first reading. This motion was seconded by Councilmember Holzberg, and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Pedow yes Councilmember Patricia Rogers-Libert yes Vice Mayor Jay R. Beskin yes Mayor Arthur I. Snyder yes The foregoing Ordinance was offered by Councilmember Cohen, who moved its adoption on second reading. This motion was seconded by Councilmember Holzberg, and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow yes Councilmember Patricia Rogers-Libert no Vice Mayor Jay R. Beskin absent Mayor Arthur I. Snyder yes PASSED AND ADOPTED on first reading this 20th day of January, 1998. Ordinance No. 98-02 Page 4 PASSED AND ADOPTED on second reading this 3rd day of February, 1998. Arthur I. Snyder, Mayor A'I-rEST: Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: Cit~Attorne~ /I'q '~' - L/