Article III — WAIVING OF FEES

The city council in past years has received and granted requests to waive the fees of organizations for the use of city facilities or for other activities where the payment of fees is required. The granting of waivers does have a fiscal impact and there is a need to monitor the total costs as well as establish a procedure to determine if a waiver is necessary or for a public purpose.

(Code 1968, § 36-1)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Organization means any nonprofit group duly recognized by the secretary of the state.

Public announcement means a notice published in local newspapers serving the city.

Staff means the person designated by the city manager to administer the provisions of this article.

(Code 1968, § 36-2)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

To be eligible for waiving of fees under this article, the organization must be recognized by the secretary of the state as a nonprofit organization.

(b)

The provisions of this article are applicable to groups requesting advertisements or donations. In addition, these groups must comply with the provisions of Proposition 73.

(c)

Organizations shall request a fee waiver form from the appropriate city facilities or other department where waiver is requested, to determine the availability of the facilities.

(d)

City staff shall direct the fee waiver form to the community relations commission's staff liaison.

(e)

The staff liaison shall place a motion on the agenda.

(f)

The staff liaison shall notify the appropriate department and organization within seven days of the action of the community relations commission.

(Code 1968, § 36-3)

(a)

The city's community relations commission must conduct a public meeting to review applications and determine that the granting of a waiver under this article would be of benefit to the public.

(b)

The community relations commission, in its review, will determine that the organization's purpose and the activity is to the benefit and well-being of the citizens of the city.

(c)

The community relations commission, in its review, will consider for approval those activities where the profits are to be used for community activities. Groups sharing profits with for-profit groups will not be considered.

(Code 1968, § 36-4)

The community relations commission will forward its recommendations to the city council for approval. The decision of the commission may be appealed to the city council within 15 days.

(Code 1968, § 36-5)

City staff will provide the city council with an annual report identifying waivers granted and the cost of such waivers. The council will review the ordinance annually and determine whether there should be any modifications of its provisions.

(Code 1968, § 36-6)

If the provisions of this article conflict with any other code, ordinance or regulation of the city, the provisions of this article shall govern.

(Code 1968, § 36-7)

Secs. 10-73—10-100. - Reserved.