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CitY OF SAN BeRNQtDINO - ReQUeST lOR COUNCIL ACTION
From:
JAMES F. PENMAN
Subject:
WAIVER OR REFUND OF FEES FOR
CHARITABLE ORGANIZATIONS
D~: CITY ATTORNEY
Date: FEBRUARY 1, 1989
Synopsis of Previous Council action:
NONE.
Recommended motion:
ADOPT ORDINANCE.
~~~f:' )
Contact person: JAl-lES F. PENMAN/DENNIS A. BARLOW
Phone:
384-5355
Supporting data attached:
YES
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
AnAn,.t!:l If'"",, Nn
3g"
CITY'OF SAN BERNODINO - REQUEST POI COUNCIL ACTION
STAFF REPORT
Periodically, the Mayor and Common Council wish to waive or
refund fees for charitable organizations. Although this may have
been done in the past, there is really no authority for it. The
attached ordinance would allow such waiver or refund for
established charitable organizations as determined by the IRS.
It will also provide the council with the relevant information in
making such decisions, such as which fees will be waived and the
total amount. The ordinance is also specific in that it does not
allow waiver or refund for churches which would violate the
"establishment clause" of the United states Constitution.
This ordinance was reviewed by the Legislative Review
Committee and forwarded to the Council without a recommendation.
DAB/dys
February 1, 1989
75-0264
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1
ORDINANCE NO.
2
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.13
3 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR THE WAIVER OR
REFUND OF FEES FOR CHARITABLE ORGANIZATIONS.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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Section 1. Chapter 3.13 is hereby added to the San
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Bernardino Municipal Code to read as follows:
"Chapter 3.13
Waiver or Refund of Fees
for Charitable Organizations
3.13.010 Interpretation of Chapter
Whenever an application is made to any department or
division of a department of the City for a permit, license or
certificate for a building or structure, or for wiring, plumbing,
heating, ventilating, air conditioning or refrigeration, or any
other development permit, or undergrounding of utility costs, by
a non-profit charitable organization, which desires that the fee
be waived or refunded, the procedure set forth in this Chapter
shall govern.
3.13.020 Request for Waiver or Refund
The request for a waiver or a refund must be made on a
verified claim and signed by the representative of the original
applicant not later than sixty (60) days after the payment of the
fee, and must be presented to the department or division of
department to whom the fee was paid. The department or division
shall then determine which portion, if any, of the fee is not
attributable to City charges, and shall also determine the cost
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DAB/dys
March 3, 1989
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1 ORDINANCE ADDING CHAPTER 3.13 TO THE 'SAN BERNARDINO MUNICIPAL
CODE TO PROVIDE FOR THE WAIVER OR REFUND OF FEES FOR CHARITABLE
2 ORGANIZATIONS
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to the City of time spent or to be spent or expenses incurred or
to be incurred by the department or division. A report of such
costs to the City and other relevant data pertaining to the
permit, license or certificate shall be forwarded to the
administrative officer for presentation to the Mayor and Common
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.Counci1.
3.13.030 Applicability
The provisions of this Chapter shall apply to all
charitable non-profit corporations determined by the Internal
Revenue Service to meet the requirements of 26 USC Section 501
(c) (3) of the Internal Revenue Code as long as such
organizations are not "a church, or convention or association of
churches" as described in 26 USC Section 170 (b) ( 1 ) (A) ( 1) of
the Internal Revenue Code."
I HEREBY CERTIFY that the foregoing ordinance' was duly
adopted by the Mayor and Common Council of the City of San
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meeting thereof, held on the
Bernardino at a
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day of
, 1989, by the following vote, to wit:
AYES:
Council Members
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NAYS:
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ABSENT:
City Clerk
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DAB/dys
March 3, 1989
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1 ORDINANCE ADDING CHAPTER 3.13 TO THE SAN BERNARDINO MUNICIPAL
CODE TO PROVIDE FOR THE WAIVER OF REFUND OF FEES FOR CHARITABLE
2 ORGANIZATIONS
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The foregoing ordinance is hereby approved this
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day of
, 1988.
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Evlyn.Wilcox, Mayor
City of San Bernardino
9 Approved as to form
and legal content:
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JAMES F. PENMAN,
11 City Attorney
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DAB/dys
March 3, 1989
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