Fort Walton Beach Resolution — 07-23-Authorize waiver of fees by CM — reading text

RESOLUTION 07- 23 A RESOLUTION OF THE CITY OF FORT W ALTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO WAIVE CERTAIN FEES FOR SERVICES AND FACILITIES PROVIDED BY THE CITY; AUTHORIZING WAIVER BY CITY MANAGER OF ONLY THOSE FEES ESTABLISHED AND SET FORTH IN THE COMPREHENSIVE FEE SCHEDULE; ESTABLISHING LIMITATIONS ON SUCH WAIVER; ESTABLISHING APPEAL PROCESS; AND SETTING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT W ALTON BEACH, FLORIDA AS FOLLOWS: Section 1. Findings. The Council hereby finds that from time to time situations may arise in which the application and charge of the fees established and set forth in the Comprehensive Fee Schedule may be inequitable or is adverse to the welfare of the citizens. The Council finds that the City Manager through administration of the Comprehensive Fee Schedule is an appropriate designee of the Council to determine when the application and charge of any fee established and set forth in the Comprehensive Fee Schedule is actually inequitable or is adverse to the welfare of the citizens. Section 2. Definition As used in this resolution, the term " waive" or any derivative of that term, shall mean to waive, reduce, or refund any fee in accordance with this waiver. Section 3. Fees Subject to Waiver As provided in this resolution, the only fees that can be waived are those fees which are established and set forth in the Comprehensive Fee Schedule. There shall be no waiver of any fee which is established based upon any formula, amount, or rate set forth in the Code of Ordinances. Section 4. Authority to Waive The City Manager is hereby authorized to waive any fee which is established and set forth in the Comprehensive Fee Schedule in the following situations: a. When the application and charge of such a fee is inequitable considering the services being provided to the payor, the services being provided by the payor, or the changes in a fee amount or structure which resulted in a reduction of a specific fee so long as those reductions occurred within 60- days prior to the application for a waiver. b. When the application and charge of such a fee is adverse to the welfare of the citizensconsidering that the payor is offering, providing, or delivering a customary service routinely provided by a municipality. Examples, but not in way  of limitation, of such payors are providers of arts, history, and educational services, non- profit organizations, churches, and civic organizations that are providing services which directly benefit the residents of the City of Fort Walton Beach. Section 5. Limit of Waiver The City Manager may waive up to $ 1, 000 or 50% of an established fee, whichever is greater. Section 6. Application for Waiver A payor must request a waiver of a fee in writing prior to the payment of the required fee. The application for waiver must state the payor' s name, corporate entity designation if applicable, address, telephone number, and specific reasons for the request for a waiver of the fee. The City Manager shall create a form for the application for waiver and make it available upon request by any payor. In no case shall a waiver be granted without a written request being filed with the City Manager. The grant or denial of the waiver by the City Manager shall be in writing and provided to the payor within two calendar days of the receipt of the application. Section 7. Appeal If the City Manager denies a waiver, the payor may appeal such decision directly to the City Council by submitting a written request for a Council determination of the application for waiver within ten days of receipt of the denial. Section 8. Effective Date This Resolution shall take effect immediately upon approval by the City Council. Adopted: 0 CJ2o~ 91 J.w1 k-e~ Mike Anderson, Mayor Attest: Approved as to form and legal sufficiency. Ghk ~.~ Toni L.Craig, City Attorney