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Home My Public Portal AboutOrd. 750 - Golf Course FeesORDINANCE NO. 750 AN ORDINANCE BY THE CITY OF MCCALL, IDAHO, ADDING TITLE 8, CHAPTER 15, SECTIONS 010 THROUGH 080 OF THE MCCALL CITY CODE TO ALLOW THE GOLF ADVISORY COMMITTEE TO RECOMMEND REFUNDS ON GOLF SEASON PASSES TO THE MCCALL CITY MANAGER; PROVIDING SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Whereas, the McCall City Golf Course charges a fee for golf season passes; and Whereas, a person who purchased a pass may be unable to use such pass; and Whereas, the Golf Advisory Committee recommends refunding or extending the Golf Season Pass; and Whereas, the McCall City Manager approves such recommendation subject to appeal to the City Council; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, as follows: Section 1: Section 8-15-010 through 8-15-080, McCall City Code is hereby added as follows: 8-15-010: DEFINITIONS: As used in this Ordinance, the terms defined in this Section shall have the following meaning, unless the context clearly indicates another meaning: DISABILITY: New, documented, long-term condition that prevents a person from participating in physical activity. FAMILY MEMBER: Spouse, mother, father, grandmother, grandfather, daughter, or son. PERSON: One individual. PHYSICAL INJURY: Injury that occurred after the purchase of a season pass which results in a physicians limitation on physical activity. Page 1 of 3 May 24, 2001 Ordinance No. 750 SEASON PASS: A non -transferable pass purchased by an individual for a single golf season. The pass is used in lieu of paying daily greens fees at the city golf course. 8-15-020: DECLARATION OF POLICY: It is the policy of the City of McCall, Idaho, to allow a refund of a golf season pass or an extension of the pass to the next season to a person who purchased a pass and was unable to use such pass due to physical injury, disability, or death subsequent to the purchase of the pass. Relocation, change of plans, or other matters of personal choice shall not be the basis for any refund or pass extension. 8-15-030: EXCEPTIONS TO THE POLICY: No refund will be made for any pass used 7 times or more. Passes used 6 or fewer times will have daily greens fees deducted from the purchase price for each time the pass was used. 8-15-040: REFUND REQUESTS: Refund requests must be submitted to the City Clerk in writing outlining the conditions which did not permit the person to use the pass before December 31st of the same year. The person who purchased the season pass must submit the refund request. In the event of death, a family member may request a refund. 8-15-050: EXTENSION: The pass holder may request that the pass be extended to the next seasons golf play in lieu of a cash refund of the unused portion of the pass. 8-15-060: ACTION BY GOLF COURSE ADVISORY COMMITTEE: The Golf Advisory Committee shall review requests for refunding or extending the golf season pass and submit their recommendation to the City Manager via the City Clerk. 8-15-070: ACTION BY CITY MANAGER: The City Clerk shall submit all refund requests to the City Manager within two weeks of receiving said request. The City Manager shall approve or deny the request in writing within one week of submission from the City Clerk. In case of denial, the reason(s) shall be so stated. Approved refund payments shall be made within 45 days of approval by the finance department. Page 2 of 3 May 24, 2001 Ordinance No. 750 8-15-080: APPEAL PROCEDURE: An individual who is denied a refund may appeal such decision in writing to the City Council within 60 days of notification of denial by the City Clerk. The City Council shall approve or deny said appeal within 60 days and notify said individual in writing of action within two weeks of the action. Section 2: Severability. This ordinance is hereby declared to be severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 3: Effective Date: This Ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of a newspaper of general circulation in the City of McCall. Approved and passed this Cathleen A. Koch Finance Director/City Clerk day of A( 2001. Allan Muller Mayor Page 3 of 3 May 24, 2001 Ordinance No. 750 City of McCall Certificate of Recording Officer STATE OF IDAHO} } County of Valley } I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of the City of McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 750 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on May 24, 2001 and duly recorded in my office; and 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting and that a legally sufficient number of members of the Council voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho this 20th day of July 2001. Cathleen A. Koch, City Clerk Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist of The Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publica- tion of such notice began June 28, 2001 and ended June 28, 2001. Subscribed and s(o►drn before(ahe this the 29th day of June, 2001. STATE OF IDAHO COUNTY OF VALLEY On this 29th day of June, in the year of 2001, before me, a Notary Public, personally appeared Carol J. Wright, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. ,�pu1111ugyi %%SS � G R O Tb'• '♦. • • • 'f pAR y • .• Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06 participetirron physical •actjyit a c ' fompetent• Jurisdiction the` reptairltng'Qropt • FAIYIILY MEMBER Spouse : motliera fa stops shill;conUnue in full force and effect ' ther `grandriiother grandfather daughter: Tier 'shall be. read tetcarry out tMOurpose(s) oflthe . son l i,:i . ordinance bef itOtheit laiatiOkbrOartiet,i " PERSON One individual s r s y4 •PHYSICAL INJURY InJury Ghat $ectton 3 EffectiveDate occurred after the .purchase of,a season pass This Ordinance shall takeffect n Which. results m :a• ••physicians , hmitatton on full force upon,i aiieesege„approval ianid pub-:._ physical activity r." t ,' Lcatton imoee rssue of a rtewspaperofgeneral i •SEASON PASS ,'A non•trensferable pass ; cticulattoq to theCity ofMcCell-;'gt;'tg r r 1 purchased by en tndiuidual,for a single'.golf Approved andpassedthis28t10.4 *Vine season, The pass is.used in Heu-of paying daily'' . 2001,. _ g G Y. * greens fees at the city golf'course Allan Muller,.Mayor 8-15)20: DECLARATION OF POLICY II ATTEST. Cathleen A K'oc It is the policy of the City of: McCall Idaho to 1 Finance Director/City Clerk lt,e6„ allow it ;refund of a golf season ,pass: tit j ;extension of the pass ao-the nextcseasoii"'to: r person,who purchased a pass ed was unable t0 use 'such pass due to physicalinjuryMisability; .;'• or death subsequent to the purchase of the pass. Relocation, changeofplans, or°thee: natters of: • personal choiceshall' not be theliasis"forsany refund. or pass. extension.: :':.8 1•5:=030ri,EXCEPTIONS TO •:THE POLICY; No refutid will.be iede.for any'pais . " iised•7'tiines or, more; • Passes used',6 qr fewer ' times will have. daily; &Oa' fees':deducted from the.purchase price for each time the pass ' was used.:• 8=1.S-040: REFUND REQUESTS: Refund , .requests,must be submitted to the'.City Clerk:ii►. , writing outliningthe eonditiona which;did'not', :: permit the person to'use the pass tieforeDe cmber 31"of the same year:' The petson;who . ORDIIgAhICENOrZ50•purchased the season pass must submit the: AN OItDINAIyCE BY +THE CITY, OF•refund request In the event ofdee elamily MCCALL :IDAHO,' ADDING .TITLE 8, member may request a refund:' ,CHAPTER:.15'SECTIONSOLO,THROUGH S:1S-050:EXTENSION The pass holder' 080 OF TIIE MCCALV WY; CODE' TO -may request that the pass be: 'extended; to the ALLQWTHECROI:FADVISORY.COMMIT- next seasons golf play in lieu:of, a cash refund • TEE, TO RECOIvMMEND REFUNDS., ON of the unused.portion of the pass GOLFSEASQNP_AS$ESxIOTHEMC.QALL 8-i5;0 0.: ACTION BY GOLF COURSE CITY MANAGER,; PROVIDING.,SEVER- ,ADVISORY COMMITTEE: ,The Golf Advi- ABILITY;:'AND E`51� �LI$HING AN. • sory;Committee =shell review requests•;for EFFECTIVE.DATE, ;,4i5 refunding or extending the golfsopa seanssand ". Whereas' the cCall Ctt Golf Course' , ' submit their recommendation to the City.Man-, rcharges.a fee for go f season;passes ands, • tiger vie.the City Clerk •: Whereas .a;`wh per o o purchased a, pass : 8-15-070:., ACTION BY ,CITY MAN- AGER The City Clerk shall subniirell refund may tt4 tinatiie to usesuch pass;;and requests to the CityManager within two weeks. :Whereas; the GolftAdvisory Committee of7ecetving said -request: The CityManager recomrnends:refunding or extendm8the;Golf • :shall- appiove or deny the request • in writing> Season Pass; within,bpe.weeledf submission from the City. Whereas;, the McCall City ;}vlanager tip Clerk. In case of'deniel the: reasons) shall.be proves such recommendation su4Jeot to appeal so stated: Approved, refund°paymhntsshall be to the Crty. Council , r� made witliiit 45 days, of approvel by the f nine•• :._NOYtC,Tf1EREF�I;E BETTORDAINED to b ;T EixT4E MAYOR AND C.(AuscjL Ow THE dep8 1ni 080 APPEAL PROCEDURE Ati CITY OR. MCCALL VALLEYS COUjdTY IDAHO,asfollows ';;rr 3st. (; 7 ' : individual`whoisdented�a,refii dtnay,appeal. Sechon l c Section 8 IS 01'O through 8; 15 such decision in writing ei• th:e Ctty oynctl within 60 days of notification of dem 'ty the ,; 080, McCall•, City ,Code is hereby added as li � : City Clerk. The City.Councd'shall app� ye or ' follows �: ; deny said'appeal within 60 days and notify said • `; 8 15 010:DEFINITIONS,',Asusedin.this ' individualinwritingofacponwithtntwo.weeks': Ordinance, theterins,.defined::in this'Section ,• tio • sliall have-thefol,}owing tneaning, unless the ,of the Section' ac&ion. 2: Seyerabiliry ,context clearly indicates another meaning: •This ordinance `is hereby declared' to be . DISABILITY tlew cdocumented;, long- • : seyerable.' Should':an� provision bf this ordi- term condition tltat�prev .• a':person • from.' nance'be declar-a valid' by a 'court: of '.. -