Chapter XII · Public Property

ARTICLE 7. WAIVER OF PUBLIC FACILITY USE FEES FOR CERTAIN ORGANIZATIONS

Sections 12-701 to 12-705 · 5 sections

12-701 Waiver of Facility Use Fees.

The following types of organizations shall be eligible for a waiver of city public facility use fees:

(a)An organization, society, or association operated and legally registered under, or qualified under, Section 501(c) of the Internal Revenue Code;

(b)Any organization that wishes to be exempt from certain public facility fees must apply for the exemption with the administrative staff of such public facility.

(Ord. 904; Code 2016)

12-702 Showing of Eligibility.

Upon application, and in order to receive an exemption from public facility use fees, the organization must provide evidence of its eligibility by providing one of the following:

(a)An IRS Certification Letter of the organization’s 501(c) status; or

(b)Copies of proper organic documents (such as articles of incorporation or organization) certifying the organization’s automatic status as a 501(c) organization because of its status as:

(1)a church

(2)an integrated auxiliary of a church

(3)a public charity whose annual gross receipts are normally less than $5,000; or

(c)an Approved Application for Exemption approving the organization’s status as a 501(c) organization; or

(d)An affidavit or other signed statement, in form acceptable to city staff, indicating that the organization is a charitable, civic, or not-for-profit organization, society, or association (whether legally organized or registered as such or not) that has been actively and continuously operating in the City of Eudora, and for the benefit of the citizens of Eudora, for not less than ten (10) years.

(Ord. 904; Code 2016)

12-703 Timing of Application.

Any organization wishing to receive an exemption from a facility use fee must apply for the exemption at least thirty (30) days prior to the use of the public facility with the administrative staff of such public facility.

(Ord. 904; Code 2016)

12-704 Approval of Exemption.

The administrative officer responsible for any one public facility is hereby authorized, without further action or approval of the governing body, to determine whether an applicant has met the requirements for exemption of a facility use fee for that public facility. Only by approval by such officer may an organization obtain a waiver of public facility use fees.

(Ord. 904; Code 2016)

12-705 Public Facility Fees to be Waived.

After an organization has been approved for an exemption from a public facility use fee, such facility use fee shall be waived. This waiver does not constitute the waiver of other facility fees, including, but not limited to: refundable or non-refundable deposits, labor fees or costs, material fees or costs, and any other fees or costs associated with the rental of any public facility in the City of Eudora. The organization shall be responsible for paying all fees not waived by this ordinance. The appropriate administrative officer of such public facility shall determine the amount of and approve all fee waivers.

(Ord. 904; Code 2016)