(A) Except as otherwise provided in division (B) below or as otherwise specifically provided elsewhere in the code of ordinances, as amended, the City Commission shall not waive a fee, charge or an assessment that is otherwise required to be paid by ordinance or resolution of the city. It is the general policy of the city that all social clubs, service organizations, religious organizations, agencies of government, private persons, private firms, developers and others shall be required to pay all appropriate fees, charges and assessments and shall be limited from seeking City Commission waiver of same, except as otherwise provided in division (B) below or as otherwise specifically provided elsewhere in the Code of Ordinances, as amended.
(B) Subject to the limitations and conditions set forth below, fees, charges and assessments that would otherwise be required to be paid to the city shall be waived only for those projects and events that serve a “valid public purpose”, as such term is defined herein. For purposes of this division only, a project or event shall constitute a “valid public purpose” only if one or more of the following factors are clearly established by the person or organization promoting or otherwise responsible for the project or event.
(1) The City Commission has specifically voted that the city shall be a sponsor or co-sponsor of the specific project or event; or
(2) The project or event is being produced or sponsored by a not-for-profit entity and a substantial portion (at least 75% of the gross proceeds or cost of the project or event) will be contributed directly to a city program or be used to benefit or improve a city owned facility; or
(3) The project or event is being promoted by a governmental agency and the purpose of the project or event is to educate the public on issues relating to the public's health, safety and welfare.
(C) Notwithstanding the foregoing, any event or project which qualifies as serving a valid public purpose under division (B) shall not be entitled to a waiver of any fees or charges or assessments relating to water, sewer or sanitation fees and connection fees or reserve capacity or impact fees or any fees or costs for overtime incurred in connection with the event or project by the city for police, fire, sanitation and recreation, unless the City Commission specifically votes to waive all or a portion of such fees and/or overtime costs, only after having been notified in writing by the City Manager or his or her designee of the estimated costs to be waived.
(D) Any person or entity sponsoring or promoting a project or event which they believe qualifies for a waiver under division (B) hereof shall notify the City Manager or his or her authorized designee in writing at least 45 days prior to the project or event taking place and shall state the facts and grounds for the requested waiver. Upon a factual showing that the project or event qualifies as a “valid public purpose” under division (B) hereof, then the waiver shall be granted by the City Manager or his or her authorized designee. In the event that the City Manager or his or her authorized designee finds that the sponsor or promoter or person responsible for a particular project or event has not met their burden of establishing that an event constitutes a “valid public purpose” as defined in division (B) above, then the sponsor or producer shall have the right to appeal such decision directly to the City Commission at the next available City Commission meeting. The City Commission's decision on all appeals and waiver decisions shall be final and binding.
(E) The waiver provisions contained herein shall be supplemental to specific waiver provisions that exist in the city's code, as amended.
(Ord. O-92-12, passed 3-4-92; Am. Ord. O-92-30, passed 5-20-92)