§ 19-3. Authority to establish park and recreational user fees.

(a)

The city manager or his designee is hereby empowered to establish all fees to be charged for the use of city parks, public beach and recreational facilities or portions thereof. In establishing the fee the city manager or his designee shall consider the following factors:

(1)

Fees charged for use of similar facilities or similar facilities by the city and/or other governmental entities.

(2)

The value of that which is received for payment of the fee.

(3)

The cost of operation and maintenance of the facility or service for which the fee is to be charged.

(4)

The cost of satisfying any debts, the payment of which is pledged to be from revenue derived from the use of the facility for which the fee is to be charged.

(b)

Authority to donate use of city owned facilities. The city, through its parks and recreation director, is authorized to donate the use of city owned parks and recreation facilities for which a user fee has been established pursuant to section 19-3, to City of Fort Lauderdale recognized homeowner associations or governmental entities who can demonstrate that the use of the facility will be in furtherance of a public purpose. Homeowner associations will be limited to one (1) meeting or event per month and governmental entities will be limited to events providing a beneficial public service, informational meetings, seminars, workshops or speeches.

Use of such facility by officially recognized homeowner associations and governmental entities shall be subject to the following conditions:

(1)

Additional costs. The association or entity shall pay for any and all other costs to the city in conjunction with their use of the facility, including any staff overtime.

(2)

Insurance and indemnification. The association or entity shall provide all insurance deemed necessary by the city's risk manager prior to use of the facility. In order to accept the donation, each association or entity shall be required to assume all risk and liability for any damage or injury to person or property that may occur as a result of their use of the facility and release, discharge and covenant not to sue, city, its officers, employees, agents, and volunteers for any reason. The association or entity must also agree to indemnify, defend, save and hold City fully harmless from and against any and all liabilities, claims, suits, actions, demands, losses, judgments or fines of every kind and nature, including all costs, expenses, attorney's fees, arising from or related to use or occupancy of the facility, to the extent permitted by law. The association or entity shall be liable for all costs incurred by city in and about any such claim, suit, action, demand or loss for investigation of same. This indemnification shall not be limited by any insurance required under this section.

(3)

Availability. The facility is available at the time of their request.

(Code 1953, § 2-5.6; Ord. No. C-83-34, § 2, 2-15-83; Ord. No. C-12-15, § 3, 5-1-12 )

State law reference

User fees authorized, F.S. § 166.201.