Does the fee for using the sports facilities topple? That says the district office

The use of sports facilities in Wolfratshausen must not cost the clubs any money.

That's what former mayor Erich Brockard (83) says.

The district office is of a different opinion.

Wolfratshausen

- Former Mayor Erich Brockard has sat down at his typewriter again.

In an open letter to District Administrator Josef Niedermaier - a copy was sent to our newspaper - Brockard points out that the City of Wolfratshausen should not charge the clubs for the use of the sports facilities.

The former mayor derives this from the incorporation agreement concluded in December 1975 between the municipality of Weidach and the city of Wolfratshausen as part of the regional reform.

However, the district office as the legal supervisory authority assesses the facts differently.

Brockard, town hall chief of the then independent municipality of Weidach from 1966 to 1978 and social democratic mayor of Wolfratshausen from 1978 to 1990, has lived in Lechbruck in Ostallgäu for many years.

In the past few weeks he has repeatedly intervened in city politics.

As reported, he spoke out in favor of maintaining the Weidach elementary school, vehemently advocates the repair of the raft slide on the Kastenmühl weir, does not spare criticism of his successors in office and argues with the decisions of the city councils.

Former mayor refers to contract from 1975

In his current letter to Niedermaier, the 83-year-old emphasizes that Loisachstadt has been violating a passage in the incorporation contract for years.

According to Section IVc, the Weidach clubs are allowed to use “facilities such as gymnasiums, sports fields, community centers, etc.” for free.

As town hall chief of Wolfratshausen, he expanded this free offer to all clubs in the city.

"Also as a token of thanks to the clubs and the volunteers there," Brockard explains in retrospect.

"Unfortunately, my successor in office

(Peter Finsterwalder, editor's note) has

introduced fees," regrets the resident of Allgäu.

But: According to the incorporation agreement, the Weidach clubs are entitled to "the free tariff" and in the sense of the "principle of equality" this applies to "all clubs in the city of Wolfratshausen".

Brockard appeals to the district administrator ("I may ask you to act") to point out to Mayor Klaus Heilinglechner, "to implement the resolutions according to the municipal code".

Finally, in 1975 the contract was "lashed in a legally binding manner".

According to his legal opinion, "no further resolutions are required" to fulfill the agreements, according to the former mayor.

At the latest with the dissolution of the school district, the contractual commitment will be over. "

Marlis Peischer, spokeswoman for the district office

However, the district authority gives the clubs little hope that they will be exempted from paying fees overnight in terms of sports facilities.

Regarding Brockard's reference to the free use of the summer stock area, children's playgrounds and community center, Marlis Peischer, spokeswoman for the district administration, states: "Typically, no fees are charged for such facilities anyway." of the incorporation contract can probably only be intended for a certain transitional period, ”said Peischer.

According to the spokeswoman for the authorities, a period of five years is fixed in the contract, "beginning with the budget year 1978 - until 1982 - with regard to the real tax rates of the community of Weidach at that time".

Further evidence that a good 40 years after the signing of the four-sided contract "no longer has any binding effect is the dissolution of the school district Weidach with a statutory ordinance of the government of Upper Bavaria dated February 24, 1992".

Peischer: "At the latest with the dissolution of the school district, the contractual commitment will have ended."

By the way: Everything from the region is now also available in our new, regular Wolfratshausen-Geretsried newsletter.

In the opinion of the legal supervisory authority, only "transitional rules" can be made in an incorporation contract between the host community (Wolfratshausen) and the host community (Weidach), "in order to facilitate the growing together," explains the district office spokeswoman.

"In addition, the further decisions must be left to the responsible city council."

From today's perspective, budgetary requirements would also speak against being tied to the stipulations formulated a good four decades ago - especially with regard to the fee regulation.

According to the legal supervisory authority, "In the meantime, fees for the use of the facilities in Weidach by Weidach associations can be levied".

The incorporation agreement leaves “explicit scope for adaptation to local developments”.

(cce)