SECTION:
3.60.010: Purpose
3.60.020: Scope
3.60.030: Definitions
3.60.040: Donation Policy
3.60.050: Donations Of Money, Cash Equivalents, And Negotiable Securities
3.60.060: Donations Of Real Property
3.60.070: Nonmonetary Donations (Except Real Property)
3.60.080: Ownership Of Improvements
3.60.090: Donation Agreement
3.60.100: Donation Acknowledgment
3.60.110: Tax Liability
3.60.120: Use Of Excess Funds
3.60.130: Damaged, Lost, Stolen, Or Worn Donations
3.60.140: Reports To City Council
3.60.150: Conflicts Of Law
The purpose of this chapter is to establish policy and guidelines for acceptance of donations to the city. Its provisions are intended to establish a review process that considers the intentions of the donor, the needs and desires of the community, and city benefits and costs associated with proposed donations, including long term costs of maintenance and care of donated property. (Ord. 42-22, 2022: Ord. 37-20, 2020: Ord. 19-12, 2012)
A. Except as provided in subsection B of this section, the provisions of this chapter shall apply to any donation made, or proposed to be made, to the city.
B. This chapter does not apply to:
1. A grant;
2. A donation consisting solely of volunteer labor;
3. A donation governed by state or federal law; and
4. A sponsorship, naming right, or other similar arrangement concerning city owned property. (Ord. 42-22, 2022: Ord. 37-20, 2020: Ord. 19-12, 2012)
For the purposes of this chapter the following terms, phrases, and words shall have the meanings given in this section:
CASH EQUIVALENT: | An asset that can be readily converted into a known amount of cash or that can be exchanged for a specified value of goods or services in the same manner as an equivalent value of cash. |
COMPENSATORY SERVICE WORKER: | A person who performs a public service with or without compensation for the city as a condition or part of the person's incarceration, plea, sentence, diversion, probation, or parole. |
DONATION: | Anything (including multi-year contributions) other than a grant, that is contributed to the city by a donor without receiving valuable consideration from the city. It includes, but is not limited to, a building or structure, an endowment, an improvement, land, materials, money, a cash equivalent, a negotiable security, or volunteer labor paired with another type of donation, but does not include a contribution or payment associated with a sponsorship, naming right, or other similar arrangement. |
DONOR: | An individual or organization that makes a donation to the city, including, but not limited to, a trust, estate, firm, partnership, joint venture, club, company, joint stock company, corporation, limited liability company, association, society, or any other group of individuals acting together, whether mutual, cooperative, fraternal, nonprofit, or otherwise. "Donor" does not include a compensatory service worker. |
EXCESS FUNDS: | Money, or another kind of donation that has been converted to money, contributed by a donor to the city that is unexpended after completion of the purpose for which a donation is used. |
GRANT: | A monetary or non-monetary contribution received pursuant to a formal application process and a formal award, or any contribution received from a governmental entity. |
NONMONETARY DONATION: | A donation to the city that cannot be classified as a donation of money, a cash equivalent, a negotiable security, or real property. |
VOLUNTEER: | A person who donates service under the direction of a city official, employee, or agent; without pay or other compensation except expenses actually and reasonably incurred as approved by the city. "Volunteer" does not include a compensatory service worker. |
VOLUNTEER LABOR: | Work provided by a volunteer under the direction of a city official, employee, or agent, that advances or contributes to a city objective. (Ord. 42-22, 2022: Ord. 37-20, 2020: Ord. 19-12, 2012) |
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