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HomeMy WebLinkAboutO-08790APC/db 2 27/78 • ORDINANCE NO,9° AN ORDINANCE AMENDING SECTION 30=9 OP THE CODE OP THE CITY OP MIAMI, 'LORIDA, AS AMENDED WHICH ESTABLISHED FEES POR PRE-SCHOOL ACTIVITIES IN THE CITY OP MIAMI, FLORIDA, fY REPEALING SAID SECTION IN ITS ENTIRETY AND SUBSTITUTING THEt3E `OR A NEW SECTION 39-9 NAMING THESE ACTIVITIES CHILDREN'S CREATIVE EXPERIENCE PROGRAMS AND SETTING PORT'H THE PEES T'O. RE CHARGED POR SUCH PROGRAMS; CONTAINING A REPEALER PROVISION; A SEVERADILI'i'Y CLAUSE AND AN ErPECTrVE DATE. WHEREAS, government agencies are becoming more aware of their responsibilities toward working parents and their pre-school age children; and WHEREAS, there is an increasing demand for half - day facilities and programs for pre-school age children; and WHEREAS, programs that require specialized instruction or leadership and supplies that are not available in general activities should be supported by fees paid by the participants; and WHEREAS, the proposed policy represents a more realistic name change and fee structure; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION. OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 39-9 of the Code of the City of of Miami, Florida, as amended, is hereby further amended by repealing said section in its entirety and by substituting therefor a new Section 39-9 to read as follows: "Section 39-9 - Children's Creative Experience Program. The City Manager is hereby authorized to organize and conduct Children's Creative Pxperience Programs in city parks and to charge a fee of $15 per child with such pre-school activities to commence in the month of October and conclude in the month of May, - - - and such fee, to provide spetiali2ed instruction and supplies, to be payable upon registration or in a maximum of 3 installments," Section 2 If any section, part of section, para. graph, clause, phrase, or word of this ordinance it declared invalid, the remaining provisions of this ordinance shall not be affected. Section 3. All ordinances or parts of ordinances, insofar as they are inconsistent or in conflict with the pro- visions of this ordinance, are hereby repealed. Section 4. The provisions of this ordinance shall 27 becomeJune effective on 1978. PASSED ON FIRST READING BY TITLE ONLY, this 23rd March day Of , 1978. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY, this 27th day of April , 1978. MAURICE A FERRE MAURICE A. FERRE, M A Y O R /' OW_;!,) RA PH G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: fig OBERT F. CLARK, ASSISTANT CITY ATTORNEY APPROVED AS T- FORM AND CORRECTNESS: • , e.ee2,=er; BO‘RtE"-KNOX, JR., CITY TTORNEY • LEGAL NOTICE All interested will take notice that on the 27th day of April, Ifft the City ssion of Miami, rioridit pased and adapted the Tailoring titled ordinance: 8700 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 39-9 OP THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED WHICH ESTABLISHED FEES FOR PRE-SCHOOL ACTIVITIES IN THE CITY OF MIAMI, FLORIDA, BY REPEALING SAID SECTION IN ITS ENTIRETY AND SUBSTYTUTING THEREFOR A NEW SECTION 39-9 NAMING THESE ACTIVITIES CHILDREN CREATIVE EXPERIENCE PROGRAMS AND SETTING FORTH THE PEES TO. BE CHARGED FOR SUCH PROGRAMS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. RALPS.G. CITY Cif ii to: L14 3oe ph R. Grassie City Manager citY OF MIAMI, FLORIDA tip L't = r ti3 MtM AANbtiP1 Albert 14. 14ekiard, Director I eparttnet%t of Parks and recreation oar!•: April 20, 1978 Fees and Charges in Public Recreation ot:FErtOctSt EMCLo:.Uftr:S: Whenever fees and charges are discussed in relation to public recreation, it is well to remember that public recreation is neither a. business nor a public utility, but rather a public service designed to meet one of the bask human and social needs of our day. Its principal value lies in serving people rather than producing incorne. However, we have now come to a semi -awareness not only of our opportunities, but also of our obligations with respect to sources of revenue in public parks and recreation areas. Some of the reasons in support of fees and charges in public recreation are: 1. Special Service Warrants a Charge -. Special leadership and instructional costs should be met by participants in small group activities. 2. Simplification of Discipline and Control - Control of facilities is made easier where there is a fee system in effect, and it is often easier to control the discipline of the patron or participant when they pay at least a nominal fee. 3. To Supplement Operating Budget - The income from fees and charges makes it possible to provide additional services which could not be made available otherwise because of budget restrictions. Without adequate revenue, programs cannot expand nor can they be properly maintained. Lack of revenue continues the status quo. 4. Greater Interest and Appreciation - Participants appreciate those activities for which they are expected to pay, much more than those which are offered without a charge and feel more responsible if some direct cost is involved. A token fee or small charge distinguishes the special activity from the park, per se. Page 2 Those who object to fees and charges for recreatidna1 a.etivities € pool€c peaks eotttettd that public properties are provided by taxation and the patron shottid not be "taxed" again in the form of a. fee for the privilege dt tree. if this is true, then we should abolish all public fees whieh might be elassed in this ee:tegoryt the parking meter = a. charge to keep your car Ott a. public street;. the toil bridge s a Charge to use a publi+e bridge; the toil road r a charge to use a public road; the hunting license = a. eharge to hunt On public land; the fishing license a charge to fish itt public waters, etc. These user fees provide a ntea.tts of keeping tastes down. The argument has been advanced from time to time that if a park or recreation agency itnposes a fee or a charge for any of its activities, that agency loses its government immunity with respect to public liability. This is not true for all park and recreation functions or activities are provided primarily as services for the park patrons. If a fee or charge is made and if the activity shows a profit, such profits are incidental and do not change the government status. In a system of fees and charges, the following policies must first be considered as a general guide in the administration of recreation programs: 1. Fees and charges should supplement tax appropriation as a source of funds. There is a real danger of losing tax supported dollars through completely self-supporting activities. 2. General parks and recreation programs must be made available to all socio-economic levels within a given municipality. 3. Special recreation programs should be supported by fees paid by the participants. We have come to realize that to install revenue producing activities in our parks and recreation facilities is a service to the patron. The following are viewed as areas where charges can be justifiably made: 1. Expendable Materials or Special Supplies - Programs that use expendable or consumable materials, or special supplies, that are not generally provided free to participants in everyday programs. Such items would include anything which the participant would retain, such as arts and erafts projects, eeramie articles, instructional manuals, ate. a. Speei .li2ed instruction or Les.tlership, = Programs that require specialized instruction or leadership that is not available in basic programs. These activities would normally be small group instruction classes such e.s art, music, bridge, oil painting, boating and the proposed Chii.dren's Creative Experience Program. 3. 2- igh Operation and Maintenance Costs High cost facilities that require large expenditures of capital for construction and/or maintenance. included in this category are swindiniing pools, cabanas, tennis centers, golf courses, etc, 4. Exclusive Occupancy Organizations which require the exclusive occupancy of a batlfield, building, swimming pool, campground or other facilities to cotiduct their activity should pay for the privileges enjoyed. 5. Extended Periods of Time Programs which use extensive facilities for long periods of time such as leagues in softball, football, soccer, baseball, etc. 6. Admissions - Admission fees to special events when profits are used to improve, extend, or to cover the cost of the event. 7. Nonresidents - Individuals who are nonresidents and wish to use City facilities, services, or programs. In conjunction with all fees and charges, it is recommended that the City adopt the following policy: a) Recreation programs offered or co -sponsored by the department which are conducted essentially for the children of the City (youth under 18 years of age), and citizens sixty (60) years of age and over, shall be financed by the funds provided in the Recreation account of the General Fund. However, fees suggested by the Director of Parks and Recreation, and approved by the City Manager, may be charged for youth and senior adult activities when program costs are unusual. For example: admission fees to commercial amusement facilities, commercial transportation, specialized instruction, expendable materials and supplies, etc. Page 4 b) Recreation programs offered or co -sponsored by the department primarily for adults over 18 years of age, through fifty=rune (9) years of age, shall be self-sustaining, that is the cost of specia1itted 1ea.dership and supplies shall be borne by the participants in the program. No charge will be made far the use of buildings or other facilities, lighting, administrative services, or general supervision, c) rees and charges made to participants itt recreation programs shall approximate the estimated cost of the items not charged to the f etteral 1;unc16 d) 1;ees and charges collected by the City for recreation programs shall be deposited in a Special Recreation Revolving fund Account. 1'`unds credited to these activities may be expended itt connection with any of the various programs included in the classification. It is our recommendation that those programs which meet the established criteria be administered by a system of fees and charges a set fee for the designated activity. We are opposed to any forrn of a sliding fee scale structure, based on one's gross family income, for the nominal monies that would be collected would be offset by the time and effort expended by staff in checking and verifying records. On the other hand, the waiving of fees for certain individuals would only increase the cost of the program for others or quite possibly be the determining factor in whether the program should be conducted or cancelled. Inasmuch as the present City Charter does not provide the flexibility for Fees and Charges nor a Special Recreation Revolving Fund Account, we are requesting that this he adopted in order that we may increase our leisure services without increasing the general budget. AHH/RLH/dw It/ BP MIAMT: fLORIBA IN IrlitO 'pIg2 Mi~M6PANDUM tagCrassi+ City Manager bAtt: February 24, 1978 §udAct: Ordinance Attending Ordinance No: 8256 kftUki: Albert 1-1, •14owvs.rd, fire for gtrtfitI4dkt: Thep e'Pt ecreation ENcLosUptbi Enclosed for your review and forwarding to the Law bepartment is a draft of a proposed amendment to Ordinance No. 8256, Pees for Pre. School Activities in the City of Miami. Ordinance No. 8256, established a fee of eighty dollars per child to enroll in the City of Miami Pre -School program, conducted in city parks from October through May. The Department of Parks realizes the need for half -day facilities and programs for children from three to five years of age and therefore recommends that consideration be given to the adoption of a new ordin- ance which would give the program a fresh image and a nominal fee structure where specialized instruction or leadership and supplies could be provided. It is now in order for the City Commission to authorize an ordinance amending Ordinance No. 8256, to become effective October 1, 1978, as follows: "The City Manager is hereby authorized to organize and conduct Children's Creative Experience Programs in city parks and to charge a fee of fifteen dollars per child, with such pre-school activities to commence in the month of October and conclude in the month of May, and such fee, to be placed in a separate account to provide specialized instruction and/or supplies, to be payable upon registration or in a maximum of three installments". AHH/RLIi/mf Encls. Ordinance hfio. 62 8, adopted September 3, 1958, authorized the Director of Public Welfare or his agents in the Divisions of Parks and Recreation to organize and conduct ire=gchool activities in City parks and to charge a tee of $40.00 per child for the October through May (8 months) program. Front October 1958 through May of 1968, Pre•Schools for S. 4 and 5.year- olds were conducted Monday through Friday, from 9: 00 a. rn. to 1 2; 00 noon in those parks which had a minimum registration of 15 children. The total number of parks varied from year to year, frog as many as 16 to as few as 5. Registration fell off in the fail of 1964 when public school kindergarten classes were initiated for 5iycariolds but the half -day program, consisting of games, music, arts and crafts, story telling, etc. , conducted by Recreant tion Leaders as part of their regular duties, continued for all those desiring this recreational activity. In October of 1968, during the term of Commissioner Athalie Range, an executive directive, without any written resolution or memorandum from the administration, waived the $40. 00 Pre -School fee in the depressed areas. Consequently, the !Department of Parks and Recreation began that year to conduct Pre -Schools, with a fee, at Shenandoah, Grapeland, Douglas and West End Parks and Play -Schools, an identical program but without a fee, at Roberto Clemente, Manor, Dixie, Grand Avenue and Virrick Parks. In June of 1973, City Manager M. L. Reese directed a memorandum to the City Commission indicating a need, in the 1973-74 fiscal budget, to improve the quality of staff in the Pre -School program and to provide proper and adequate supplies. He suggested an increase in the fees to insure that the instruction and supplies would be available. Ordinance No. 8256, adopted May 9, 1974, established a fee of $80. 00 per child which, if it had been implemented, would have provided the necessary funds to hire qualified teachers, on a part-time basis, and obtain the required materials. However, inasmuch as our full -day Child Day Care program was scheduled to get underway in the fall of 1974, for children 2 to 5 years of age, we recommended to the City Manager's office that beginning in October of 1974, we conduct only Play -Schools, from 9:00 a.m. to 12:00 noon and with- out a fee, at all parks where there was sufficient interest. Consequently, for the past three years, the Department of Parks and Recrea- tion has been operating Play -School programs, which are recreational in nature, at Dixie, Douglas, Grand Avenue, Grapeland, Manor, Roberto Clemente, Shenandoah, Virrick and West End Parks. -l- WIIMIAI REVIEW 4A,4DIDAlLef RECORD -Published !Daily -except Saturday, Sunday and 'Legal ;Holidays `Miami. Dade County, Florida. STATE OF FLORIDA -COUNTY •OF 'DADE: 'Before the undersigned authority personally ap• neared Carole S.-Stein, who.on oath says that she is As- sislantiotheQubl isher oi •Review ano Daily iftecord, a daily (except Saturday, Sunday and Legal +Holidays) •newspaper. :published at -Miami in Dade ,Counly, Florida; 'that the attached copy ot adverlise •rttent, gbeing a Legal Advertisement or Notice in the matter ol Ott log ,, Tiorida Re; 43790 moc in the Court waspublished in said newspaper in The issues 01 May 3,.1L978 ....... .. Ailiant lurther says that the said Miami Review andrDailyiRecord is a newspaper published al Miami, in said•Dade County, Florida, and that Inc said newspaper has -heretofore been continuously published in said Dade County, Florida,,each day 'except Saturday Sun day -and Legal •Holidays) and has 'been -entered as second class/nail matter .at-thepOst office in Miami in saidDade County, Floridalor a period ot one year next preceding Ihe*f Ws! publication of the attached ropy of advertisement; and -aft iant *further says That sne has neitherpaid nor vomised any person, 1 irm or t or por a • anybiscount, rebate, commission or relund 1 or the purpose of -sec inglhis advertisement tor publication in the said pvtaper (SF My commission expire MR-51 CITY OF MIAMI, DADE COUNTY, FLORIDA LEGAL NOTICE . .All interested will take notice that on the 27th day of April. 1978 the 'City Commission of Miami, Florida passed and adopted the following titled ordinance: ORDINANCE NO. 8790 AN ORDINANCE AMENDING SECTION 39-9 OF THE CODE OF 1-4-1E CITY OF MIAMI. FLORIDA. AS AMENDED WHICH ESTABLISHED FEES FOR PRE-SCHOOL ACTIVITIES IN THE Cm( OF MIAMI, FLORIDA. BY REPEALING SAID SECTION IN ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW SECTION 39-9 NAMING THESE AC- TIVITIES CHILDREN'S CREATIVE EXPERIENCE PROGRAMS AND SETTING FORTH THE FEES TO BE CHARGED FOR SUCH PROGRAMS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND ,AN EFFECTIVE DATE. RALPH G. ONGIE CITY CLERK Publication of this notice on the 3 day of May, 1978 a, 5'3 M050346 t 1 11 1 1111 11