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HomeMy WebLinkAbout22-027 Adopting a Policy for City Fee Waivers for Intergovernmental Cooperation and Non-Profit Organizations that Provide Community BenefitsResolution 22-027 RESOLUTION NO. 22-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING A POLICY FOR CITY FEE WAIVERS FOR INTERGOVERNMENTAL COOPERATION AND NON-PROFIT ORGANIZATIONS THAT PROVIDE COMMUNITY BENEFITS WHEREAS, the Washington State Constitution prohibits the gift of public funds for other than supporting the poor and infirm; and WHEREAS, Washington state courts have established a test to determine when a municipality is gifting public funds by first asking whether something is a fundamental purpose of government, second whether there is donative intent, and third whether a municipality receives something in exchange; and WHEREAS, the City regularly receives requests for fee waivers that may constitute a gift of public funds; and WHEREAS, this policy establishes when the City may waive fees without violating the constitutional prohibition on gifting public funds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend as follows: Section 1. The City Council adopts the policy on fee waivers in substantially the same format as in the attached Exhibit A, Section 2. The City Manager is authorized to take administrative actions consistent with this Resolution. Section 3. This Resolution takes effect on its adoption, ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 6th day of June 2022, m Attest: City Clerk iviay ur Approved as to form: 1 ems m Grecnw of City Attorney Resolution 22-027 Exhibit 1 Fee Waiver Policy City of Port Townsend fees less than $500 may be waived by the City Manager in certain limited cases. Any applicant is limited to $1000 in total fee waivers per calendar year under this policy. The total of City fee waivers for any calendar year may not exceed $10,000. Other fee waiver, deferral, or reduction programs, such as affordable housing fee deferrals and lodging tax facility fee waivers, are not included in this total. This policy does not include any fees or charges for City utilities, such as system development fees or utility service charges. Any applicant requesting such a waiver must submit the appropriate documents demonstrating that fee waiver is in the public benefit and the applicant falls within the following categories: 1) Intergovernmental Cooperation or 2) Non-profit Organization Any applicant requesting consideration of their waiver must complete the following: 1. Submit a letter to the City Manager outlining the specific fee waiver request. The letter should include all pertinent information and must be signed by an authorized representative. The City encourages applicants to request waivers early as the City cannot refund fees once paid. 2. Complete the appropriate City permit application. 3. Submit a copy of the applicant's non-profit organization documents or any other documents as may be required to show the applicant's organizational paperwork. 4. Submit a copy of any other documents that are requested by the appropriate City department. In determining if a fee is to be waived, the following criterion should be considered: Intergovernmental Cooperation The City of Port Townsend may waive fees for intergovernmental cooperation for special events or temporary uses when the applicant is another government agency, and the use is related to the performance of its normal functions and is a benefit to residents of the City of Port Townsend. Non -Profit Organization The City may waive fees for non-profit organizations up to two times per calendar year. The non-profit must provide proof of its non-profit status. The non -profit's activity for Resolution 22-027 Exhibit 1 which it is requesting a fee waiver must show a community benefit such as the provision of a necessary service or aiding low income, elderly, or disadvantaged individuals. Necessary services include constructing affordable housing, environmental cleanup, youth activities and sports, protection of crime victims, and caring for the sick, elderly, and homebound. The organization must submit its policy showing that it does not deny participants due to their inability to pay registration or participation fees or based on membership in a protected class. It also needs to show that the imposition of fees would have a detrimental effect upon the services provided to the public. The non - profit's activity should have no significant impact on City staff, facilities, or activities because it will provide volunteer services and materials to mitigate any impacts created by the event or program or that the impacts are adequately offset by the public benefit provided by the program or event. Approvals • Request for fee waiver applications will be reviewed by the appropriate City staff and Department Director. • The Department Director will make a recommendation to the City Manager for final approval or denial. • The City Manager will approve or deny the fee waiver request and City staff will notify the applicant. • The City reserves the right to deny any fee waiver request that is not in the public interest, consistent with City policy, or any applicable law.