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HomeMy WebLinkAboutS15-Parks and Rec ~ 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, ::;::; :::~::;" ,,' C_,"i~~\~' ,,' J Ci, / ,.'1 Dept: Date: Synopsis of Previous Council action: August. 1987: Council waives fees for use of trailer-stage and bleachers. , A>i 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. s-/s- , CIO OF SAN BERNARDOO - REQUEOT FOR COUNCIL ACQoN , WAIVER OF FEES FOR USE OF CHAIRS BY GUADALUPE CHURCH. STA~E.fOlilOMIN; OFf. ;"Q"tJ !,/lS . '"J;J Ii:.) i 3 'c! q . ~ J ...;t 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 DAB:ca $- /4; $-j.s-