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HomeMy WebLinkAbout2873 Revising Acceptance of Donations to the City Ordinance No. 2873. AN ORDINANCE OF THE CITY OF PORT TOWNSEND REVISING THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 3.42, ACCEPTANCE OF DONATIONS TO THE CITY WHEREAS, PTMC Ch. 3.42 - Acceptance of Donations to the City contains outdated reference to the mayor; and WHEREAS, Ordinance 2866 adopted August 9, 2004 established a new PTMC Chapter 3.50 providing for a 1 % arts program, and provided for City Council approval for siting and installation of public art; and WHEREAS, the Council deems it appropriate to state in PTMC 3.42 concerning acceptance of donations that the Council, consistent with Chapter 3.50, retains final approval authority over acceptance of public arts proposed for public display on a long term basis; and WHEREAS, the Council deems it appropriate to change references to Finance Committee in Chapter 3.42 to City Council; and NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Chapter 3.42, Acceptance of Donations to the City, of the Port Townsend Municipal Code is hereby amended to read as follows (strike is deleted, underline is new): Chapter 3.42 ACCEPTANCE OF DONATIONS TO THE CITY Sections: 3.42.010 3.42.020 3.42.030 3.42.040 3.42.050 3.42.060 3.42.070 Purpose. Definitions. Funds - Accounting. Acceptance of donations in general - Donor's desired use or conditions. Acceptance of monetary donations. Acceptance of nonmonetary donations. Donations to the library. 3.42.010 Purpose. The purpose of this chapter is to authorize the acceptance of donations for any public purpose, pursuant to RCW 35A.ll.040, and to specify policies and procedures for doing so. 3.42.020 Definitions. "Department head" includes the head of any city department, or his or her designee. 1 Ordinance 2873 "Donation" is defined as any monetary or nonmonetary gift, grant, devise or bequest to the city of Port Townsend. A monetary donation includes cash or a check, money order or other negotiable instrument. A nonmonetary donation includes real or personal property. In the event of a stock donation, since a government entity is not legally able to own stock, such a donation would be liquidated and turned into cash or another liquid asset, and treated as a monetary donation. "Mayor City manager" means includes the mayor city manager of the city of Port Townsend, or his or her designee. 3.42.030 Funds - Accounting. The city of Port Townsend finance department is responsible for providing for the deposit and financial administration of any donation to the city. If necessary, the finance department shall track the proposed use of any such donation and shall maintain separate records of accounts showing receipts and disbursements. The finance director may establish further rules and regulations for the accounting and administration of donations, consistent with this chapter, as deemed necessary by the director. 3.42.040 Acceptance of donations in general - Donor's desired use or conditions. The city has the discretion to accept or decline any proposed donation, whether conditioned or not, subject to the provisions of this chapter. In the event a department head has reason to believe a donation could cause or result in an appearance of impropriety, the department head shall consult with the city attorney prior to accepting the donation. Conditioned donations shall be assigned to a project or existing fund consistent with the donor's desired use, as long as such condition(s) do not conflict with city, state or federal law, in which case the city shall ask that the condition(s) be removed or decline the donation. 3.42.050 Acceptance of monetary donations. A. Donations Under $5,000. The mayor city manager or all department heads are hereby authorized to accept any monetary donation of less than $5,000 on behalf of the city, and shall deposit such monies with the finance department. B. Donations Greater than $5,000. Donations of any amount greater than $5,000 must first be approved by the city council finance committee, so that the city can evaluate any policy implications associated with the donation. C. Conditioned Donations. In the event that a monetary donation is conditioned or donated for a special purpose, prior to acceptance, the mayor city manager, department head or city council finance committee (depending on who is accepting the donation under subsections A and B) should consider the long-term impacts of the donation, particularly where there could be significant future or ongoing operations and maintenance or capital costs associated with the donation. D. Council Notification. Staff should notify council of all accepted donations so that the donor's generosity can be officially acknowledged by council. 3.42.060 Acceptance of nonmonetary donations. A. Donations of Personal Property Valued at $5.00 - $5,000. All donations of personal property with a current value greater than $5.00 and less than $5,000 may be accepted by any department director or the mayor city manager, except as follows. In the event of a donation of personal property which could require future maintenance or repair (e.g., office equipment), the department director should first assess all related future costs and submit the assessment of expenses to the mayor city manager for approval prior to acceptance of the 2 Ordinance 2873 donation. In addition, if a conditioned donation could have long-term impacts, such as significant operations and maintenance or capital costs, the department head or mayor city manager shall consult with the city council finance committee prior to accepting the donation. B. Donation of Personal Property Valued at Over $5,000. All donations of personal property with a current value of $5,000 or more must first be approved by the city council finance committee (or in the event of library donations, the library board). If the personal property could require future maintenance or repair, the department director should first assess all related future costs and submit the assessment of expenses to the city council finance committee. For conditioned donations, the department director should also provide the city council finance committee with an assessment of long-term impacts, such as significant operations and maintenance or capital costs. C. Donations of Real Property. All donations of real property, whether conditioned or unconditioned, must first be approved by the city council by resolution. 3.42.070 Donations to the library. Notwithstanding any other provision of this chapter, pursuant to RCW 27.12.210 and 27.12.300 all donations to the library, including gifts of money and property, shall be considered for acceptance by the library board of trustees, consistent with the library gift policy approved by the library board on January 22, 1996, as it now exists or is later amended. 3.42.080 - Donations of art work. Notwithstanding any other provision of this chapter. determination whether to accept art work proposed for donation to the City for permanent or long-term (exceeding one year) public display shall be made by the City Council. See PTMC 3.50.060 - Public arts projects - City Council approval. SECTION 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this seventh day of September 2004. c~ :A2lA-~ Catharine Robinson, Mayor Attest: Approved as to Form: Çl~- ~Ac .' Pamela Kolacy, cLd ~ity C~k ~ ) ~'~J John P. Watts, City Attorney 3 Ordinance 2873