HomeMy WebLinkAboutResolution 2025-25 Establishing a Partial Rental Fee Waiver Policy (Non-Profit Corporations)RESOLUTION NO. 2025-25
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
ESTABLISHING A PARTIAL RENTAL FEE WAIVER POLICY FOR USE OF CERTAIN
CITY FACILITIES BY NON-PROFIT CORPORATIONS WITH A PRINCIPAL
ADDRESS WITHIN THE CITY LIMITS OF THE CITY OF WINTER SPRINGS;
PROVIDING FOR APPLICATION REQUIREMENTS, ELIGIBILITY CRITERIA, AND
A REVIEW AND APPROVAL PROCESS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission has adopted a fee schedule for the rental of certain City
facilities pursuant to Resolution No. 2025-08; and
WHEREAS, the City Commission desires to establish an application process by which
qualified local nonprofit charitable corporations may request a partial waiver of rental fees for the
use of designated City facilities available for public rental, under the terms and conditions set forth
herein; and
WHEREAS, the City Commission recognizes that, in some circumstances, the activities and
services provided by local nonprofit corporations serve valid municipal purposes and provide
tangible and measurable benefits to the public health, safety, and welfare of the residents of the
City of Winter Springs; and
WHEREAS, in furtherance of such public benefits, the City Commission finds it appropriate
to authorize the granting of partial rental fee waivers for the use of City facilities by eligible local
nonprofit organizations, in exchange for in -kind charitable services and/or goods that directly
benefit the citizens of Winter Springs; and
WHEREAS, the City Commission desires to establish uniform application procedures and
eligibility criteria to guide the consideration and approval of partial rental fee waiver requests, in
furtherance of encouraging local nonprofit organizations to provide commensurate in -kind
contributions to residents of Winter Springs that serve a valid municipal purpose; and
WHEREAS, the City Commission finds that the establishment of such a policy and process
serves a valid municipal purpose and is in the best interests of the public health, safety, and welfare
of the citizens of the City of Winter Springs.
NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY RESOLVES, AS FOLLOWS:
City of Winter Springs
Resolution No. 2025-25
Page 1 of 6
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
Section 2. Adoption of Policy. The City Commission of the City of Winter Springs hereby
adopts a rental fee waiver policy for use of City facilities as set forth in "Exhibit A," which is
attached hereto and fully incorporated herein by this reference.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby
repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Resolution.
Section 5. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs.
ADOPTED by the City Commission of the City of Winter Springs, Florida, this 9 %ay of
December, 2025.
KEVIN M CANN, Mayor
ATTEST (City Seal):
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CHRISTIAN GOWAN, City Clerk I95c) b
country,
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2025-25
Page 2 of 6
EXHIBIT 'W'
SECTION 1. PURPOSE AND INTENT.
The purpose of this Resolution is to establish a policy, application process, and eligibility criteria
for granting partial rental fee waivers for the use of designated City facilities by qualified local
nonprofit corporations that maintain a principal business address within the City limits of Winter
Springs. The intent of this policy is to encourage and support local charitable activities and
community programs that serve a municipal purpose supported by the City Commission and
promote the public health, safety, and welfare of Winter Springs residents, while ensuring fiscal
responsibility and equitable access to City facilities. This policy is intended solely to support local
charitable, cultural, educational, and civic activities that provide an in -kind contribution serving a
municipal purpose and Winter Springs residents, and shall not be used to subsidize political,
partisan, or campaign -related activities of any kind whatsoever.
SECTION 2. DEFINITIONS.
For the purposes of this Resolution, the following terms shall have the meanings ascribed below:
1. City Facilities shall mean those public facilities owned or operated by the City of Winter
Springs that are available for rental to the public pursuant to the City's established facility
rental fee schedule.
2. Nonprofit Corporation shall mean a corporation recognized by the State of Florida and
the Internal Revenue Service as exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code, and which maintains its principal business address
within the municipal boundaries of the City of Winter Springs. The principal business
address must be a physical address which is registered with the State of Florida and cannot
be a post office box
3. Partial Rental Fee Waiver shall mean a reduction not to exceed fifty percent (50%) of the
standard rental fee otherwise applicable under the City's adopted fee schedule, as
determined and approved by the City Commission pursuant to this policy.
4. Political Organization shall mean any organization or entity that directly or indirectly
participates in, or intervenes in, any political campaign on behalf of (or in opposition to)
any candidate for public office, political party, or ballot measure; or that advocates for or
against the election or defeat of any candidate or measure appearing on a ballot. This term
includes any organization whose primary purpose involves lobbying, electioneering, or
political advocacy as defined under applicable federal or state law.
5. In -Kind Contribution shall mean a charitable donation of goods, services, and/or
volunteer time by a qualified applicant organization that the City Commission determines
City of Winter Springs
Resolution No. 2025-25
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serves a needed municipal service and provides a tangible and measurable benefit to the
citizens of the City of Winter Springs.
SECTION 3. APPLICATION REQUIREMENTS.
A. Any eligible nonprofit corporation seeking a partial rental fee waiver shall submit a
completed Facility Fee Waiver Application to the City Manager or designee no later than thirty
(30) calendar days prior to the requested facility use date.
B. Each application shall include, at a minimum:
1. Proof of current nonprofit status under Section 501(c)(3) of the Internal Revenue Code;
2. Proof of good standing with the State of Florida;
3. Evidence that the organization's principal business address is located within the City limits;
4. The name of the City facility the organization desires to rent;
5. A description of the proposed event or activity, including date, time, purpose, and
anticipated community benefit;
6. A statement of the amount or percentage of the partial fee waiver requested, not to exceed
fifty percent (50%);
7. A description and valuation of the proposed in -kind contributions to be provided to the
residents of Winter Springs in exchange forthe partial fee waiver, togetherwith supporting
documentation demonstrating how the contribution benefits the residents of Winter
Springs; and
8. A detailed measurable benchmark by which the City can verify that the in -kind
contributions have been provided to residents of Winter Springs.
SECTION 4. ELIGIBILITY CRITERIA.
To qualify for consideration, an applicant must demonstrate that:
1. The applicant is a qualified Nonprofit Corporation;
2. The proposed use of the City facility is open to the public or primarily serves residents of
Winter Springs;
City of Winter Springs
Resolution No. 2025-25
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3. The event or program provides a clear and measurable community benefit or fulfills a
charitable, cultural, educational, or civic purpose consistent with the City's public interests;
4. The organization has no outstanding financial obligations to the City;
5. The applicant is not a Political Organization, and the proposed use of the facility will not
involve directly or indirectly campaign -related, partisan, or political advocacy activities,
including but not limited to fundraising for candidates, political parties, ballot measures
or any other political activity; and
6. The applicant provides or commits to provide an in -kind contribution commensurate with
the value of the partial fee waiver requested, as determined by the City Commission.
SECTION 5. REVIEW AND APPROVAL PROCESS.
A. The City Manager or designee shall review all applications for completeness and
eligibility.
B. Qualifying application that are deemed complete by the City Manager will be presented
to the City Commission for consideration at a regular public meeting.
C. The City Commission, in its sole discretion, may approve, deny, or modify a requested
partial fee waiver, and may impose such terms or conditions as deemed appropriate to ensure the
public benefit of the waiver.
D. Approval of a partial fee waiver shall not establish a precedent or entitlement for future
requests.
SECTION 6. LIMITATIONS AND CONDITIONS.
A. This Policy does not apply to rental of City facilities by athletic leagues such as baseball,
softball, soccer, football, lacrosse and other youth or adult athletic programs and leagues. League
play arrangements are governed by separate negotiated agreements.
B. This policy does not apply to subsidize private, commercial, or profit -generating events,
but rather to support local nonprofit activities that provide a measurable public benefit and in -
kind contribution serving a valid municipal purpose and the residents of Winter Springs.
C. The cumulative amount of partial rental fee waivers granted under this policy in any fiscal
year may be limited by the City Commission to ensure budgetary control.
City of Winter Springs
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D. The City reserves the right to require insurance, indemnification, or other conditions
customarily associated with facility use.
E. Nothing in this Resolution shall be construed to obligate the City to grant a partial rental
fee waiver, or to permit facility use that would otherwise be inconsistent with City policy,
ordinance, or law.
SECTION 7. ADMINISTRATION.
The City Manager or designee is authorized to develop administrative procedures, forms, and
guidelines necessary to implement this policy. The City Clerk will maintain records of all
applications and actions taken pursuant to this Resolution.
City of Winter Springs
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