O-335-68 ORDINANCE NO. 335
AN ORDINANCE ESTABLISHING QUALIFICA-
TIONS FOR ANNUAL FEE USERS OF THE
MIAMI SHORES COUNTRY CLUB; SETTING
A MAXIMUM NUMBER OF ANNUAL FEE
USERS, AND REPEALING ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HERE-
WITH.
WHEREAS, Miami Shores Village owns, maintains and operates
a recreational facility, including clubhouse, golf course, swimming pool,
and tennis courts known as Miami Shores Country Club, and
WHEREAS, the said Miami Shores Country Club materially enhances
the value of real property located within the said Miami Shores Village, and
WHEREAS, if the said Miami Shores Country Club should ever
operate at a loss during any fiscal year, the burden of overcoming said
deficit would be borne by the real property owners of Miami Shores Village,
and
WHEREAS, in the past, non-residents of Miami Shores Village, and
lessees of residential and commercial property within Miami Shores Village,
as well as, resident and non-resident owners of real property in Miami Shores
Village have been permitted to become social, pool, tennis and golf members
of Miami Shores Country Club, subject to certain conditions and restrictions
as have been imposed from time to time by the Miami Shores Village Council,
and
WHEREAS, many of the aforesaid existing non-resident and lessee
members of the Miami Shores Country Club have contributed materially and
substantially to the development, leadership, fellowship and distinction of
the said club, to the benefit of all of its members, and the real property
owners of Miami Shores Village, and
WHEREAS, the popularity of the sport of golf has placed increased
demands upon the golfing facilities of the club and their maintenance and
upkeep, and
WHEREAS, the Board of Committees of the Miami Shores Country
Club Association has on several occasions brought to the attention of the
Miami Shores Village Council the crowded condition of the golfing facil-
ities, which condition does not presently exist in the other facilities of the
Miami Shores Country Club, and
WHEREAS, the prospect of the construction of multi-family living
units within Miami Shores Village threatens to further burden the golfing
facilities of the Club, and
WHEREAS, the Miami Shores Village Council finds that a reasonable
classification and distinction exists between lessees who occupy their
premises on a temporary basis on the one hand, and lessees who occupy
their premises on a long-term basis and who have demonstrated their intent
to make Miami Shores Village their permanent place of abode, on the other,
and resident and non-resident owners of real property, and
WHEREAS, the Miami Shores Village Council finds that it is
necessary to establish an optimum number of golf memberships at the
Miami Shores Country Club for the efficient operation thereof. Now therefore
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
1. As used herein whenever and wherever the context requires or
permits the following terms shall have the meanings hereinafter set forth:
(a) Person - an individual, a group of individuals, a
partnership or a corporation.
(b) Non-resident member - a non-resident of Miami
Shores Village, not a property owner, presently
holding a golf membership in Miami Shores Country
Club,
(c) Lessee member - a person residing in Miami
Shores Village, not a property owner, holding
a golf membership in Miami Shores Country
Club.
(d) Continuously occupied - actual physical occupancy
of property; but this term shall not be construed so
as to prevent temporary absences therefrom pro-
vided the property is not returned to the possession
of the lessor or sub-let to another person during
such temporary absence.
(e) Masculine gender shall include the feminine.
2. The following, and no other, shall hereafter be eligible for one
(1) golf membership at the Miami Shores Country Club, subject to the
payment of such dues or fees as may from time to time be established by
the Miami Shores Village Council, and all other ordinances of Miami Shores
Village, and the rules and regulations of the Miami Shores Country Club:
(a) A person owning one or more residential or commercial
building sites of sufficient size to permit construction
thereon of a residence, apartment building or commercial
building, in accordance with the ordinances of Miami
Shores Village pertaining thereto.
(b) A person owning one or more condominium dwelling
units.
(c) A person leasing one or more residential units in Miami
Shores Village and who has continuously occupied said
property for a period of at least eighteen (18) consecu-
tive months immediately preceding his application for
membership, and who has established Miami Shores
Village as his residence and has registered to vote
in municipal, county, state and national elections giving
such address as his residence.
3. A golf membership of six hundred (600) persons at the Miami
Shores Country Club is hereby determined to be an optimum membership:
(a) When the golf membership exceeds this number by more
than ten (10) for a period of three (3) consecutive months,
the membership of so many of the non-resident members
as will reduce the overall membership to six hundred
(600) shall be terminated.
(1) Such terminated member shall receive a refund
of any fees paid for his current year less a
prorated amount representing the period of
time his membership was in force. Such pro-
ration shall be made as of the I st day of the
month in which his membership is terminated.
(2) Non-resident memberships shall be terminated
in the inverse order of admission, that is,
last in - first out.
(3) If a number of non-resident memberships
were granted on the same date and it is not
necessary to terminate all such memberships
in order to reduce the golf membership of the
Miami Shores Country Club to 600, termination
of membership shall be determined by chance,
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that is, by a blind draw and the membership
of the first name drawn shall be first termin-
ated, said drawing to be made by the Village
Manager and witnessed by the Club Manager.
(b) In the event all non-resident memberships are terminated,
then lessee memberships shall be terminated in the same
manner and for the same reason as hereinabove provided
for termination of non-resident memberships.
(c) In determining the number of golf memberships there
shall be included any other class of membership which
includes golf.
(d) If the membership terminated as herein provided, included
any facilities in addition to golf other than social, such
other membership may continue upon payment of appro-
priate fee in effect at that time for such facility.
4. Nothing herein contained shall be construed to prohibit the
admission to social, pool or tennis memberships of any real property
owner, lessee or non-resident, subject to the payment of such fees as
may be from time to time established by the Miami Shores Village Council
and in compliance with such other rules and regulations as may from time
to time be established by the Miami Shores Village Council or the Miami
Shores Country Club, provided, however, that non-residents of Miami
Shores Village shall not be eligible for social membership in the Miami
Shores Country Club.
5. Upon any person ceasing to own or lease property in Miami
Shores Village, his golfing membership shall be forthwith terminated and
he shall receive a refund of any fees paid for the current year prorated
against the period of time remaining in his membership, and he shall not
thereafter become eligible again for membership until he has complied with
all of the provisions of this ordinance.
6. All applications for memberships other than freeholders shall
be subject to the recommendation of the Membership Committee of the
Miami Shores Country Club Association upon the results of its investigation
of such application.
7. The Village Manager is authorized to establish such rules
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and regulations and procedures relating to the applications of member-
ships, the enforcement of this ordinance and operation of the Miami Shores
Country Club as may be required.
8. This ordinance shall be prospective and not retroactive in
eff ect.
9. Those portions of all ordinances or resolutions now or hereto-
fore in effect which are contrary to the language and intent of this ordinance
are hereby repealed.
PASSED AND ADOPTED this 4th day of June, 1968.
Mayor
ATTEST:
Village Clerk
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