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HomeMy WebLinkAbout38-City Attorney . . 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 o o 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. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 Section 1. Chapter 3.13 is hereby added to the San 7 8 9 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 28 DAB/dys March 3, 1989 1 10 11 12 13 14 15 16 17 18 o o 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 3 4 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 5 6 7 8 9 .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 19 20 meeting thereof, held on the Bernardino at a 21 day of , 1989, by the following vote, to wit: AYES: Council Members 22 23 NAYS: 24 25 26 ABSENT: City Clerk 27 28 DAB/dys March 3, 1989 2 - o o 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 3 The foregoing ordinance is hereby approved this 4 day of , 1988. 5 6 7 8 Evlyn.Wilcox, Mayor City of San Bernardino 9 Approved as to form and legal content: 10 JAMES F. PENMAN, 11 City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB/dys March 3, 1989 3