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~ CI'O OF SAN BERNARDOO - REQU'OT FOR COUNCIL ACOON
,
From:
John A. Kramer REC'O.-ADMItf.u~: WAIVER OF FEES FOR USE OF CHAIRS BY
GUADALUPE CHURCH. NI,
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Dept:
Date:
Synopsis of Previous Council action:
August. 1987: Council waives fees for use of trailer-stage and bleachers.
,
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Recommended motion:
That fees for use of chairs by Guadalupe Church be waived.
Contact person:
John A. Kramer
Phone:
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
N/A
N/A
Supporting data attached:
Yes
Ward:
Finance:
Council Notes:/I ~ Lc..*~1'"
7 5.0262
Agenda Item No.
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,
CIO OF SAN BERNARDOO - REQUEOT FOR COUNCIL ACQoN
,
WAIVER OF FEES FOR USE OF CHAIRS BY
GUADALUPE CHURCH.
STA~E.fOlilOMIN; OFf.
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Guadalupe Church has made an additional request to use 200 chairs for its event
on August 16. Fees for the 200 chairs would be $150. Council has already
established funds to waive fees for bleachers and the trailer-stage. The fee
for the chairs has been accessed but not collected, pending Council action.
Waiver of fee is recommended based on previous findings.
Justification for Placement on the Supplemental Agenda
Request was received on August 12, 1987, too late for placement on regular Agenda.
August 13, 1987
75-0264
~ITY OF SAN BEIQIARDINO 0- MEMORANDUIO
To
JAMES F. PENMAN
City Attorney
Waiver of Fees to Religious Institution
Fro'BENNIS A. BARLOW
DateSr .Asst .City Atty
August 17, 1987
Subject
Approved
Date
The question has been raised whether or not the City may
legally waive fees otherwise required for the activities of a
religious institution. Certainly in such considerations,
careful review must be made of the provisions of Article 16,
Section 6, which prohibits the gift of public funds even to
other governmental entities.
Specifically, Article 16, Section 5 of the California
Constitution provides, in reference to this question, as
follows:
"Neither the legislature, nor any
county, city and county, township, school
district, or other municipal corporation,
shall ever make an appropriation, or pay
from any public fund whatever, or grant
anything to or in aid of any religious
sect, church, creed, or sectarian purpose,
or help to support or sllstain any school,
college, university, hospital, or other
institution controlled by any religious
creed, church, or sectarian denomination
whatever; nor shall any grant or donation
of personal property or real estate ever
be made by the state, or anv city, city
and county, town, or other municipal
corporation for any religious creed, church,
or sectarian purpose whatever . . . "
(emphasis added)
Certainly, this provision does not restrict the ability of the
City to enter into equitable contractual arrangements; however,
the waiver of fees or grant of other benefits by the City is
very clearly prohibited.
BARLOW
City Attorney
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