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HomeMy WebLinkAboutOrdinance No. 1143 - Creating YMC Chapter 6.46 Acceptance of DonationsORDINANCE NO. 1143 AN ORDINANCE ALLOWING THE ACCEPTANCE OF DONATIONS, DEVISES OR BEQUESTS TO THE CITY OF YELM, AND PROVIDING FOR OTHER MATTERS RELATING THERETO. WHEREAS, the City of Yelm has been and may continue to be approached by private citizens, business groups, or other private organizations desiring to make donations to the City for public purposes; and WHEREAS, the City has established community programs that are funded by private citizens, business groups, or other private organizations desiring to contribute to the specific program; and WHEREAS, City wishes accept monetary donations, in-kind contributions, sponsorships, and memorial gifts for public purposes, including but not limited to parks, public facilities, public art, and programs such as the Veterans Park & Memorial Walk; and WHEREAS, the City wishes to ensure that donations are accepted and managed transparently, are in compliance with RCW 35A.11.010, Washington Constitution Article VIII Section 7, and serve a valid public purpose; and WHEREAS, the City desires to adopt this ordinance to establish the policies and procedures of the City to accept monetary or non -monetary donations, devises, or bequests. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. A new chapter 3.46 City of Yelm Municipal Code is crated as follows: ACCEPTANCE OF DONATIONS 3.46.010 Definitions 3.46.020 Authority to Accept Donations 3.46.030 Classification of Donations 3.46.040 Limitation on Acceptance of Donations 3.46.050 Administrative Acceptance of Donations 3. 46.060 Sponsorships and Donor Recognition 3. 46.070 Management of Donations and Funds 3. 46.080 Veterans Park & Memorial Walk Donations 3.46.090. No Gift Of Public Funds 3.46.100. Ethics and Conflicts 3.46.010 Definitions. As used in this chapter, the term 'donation' refers to any money or property, real or personal, donated, devised or bequeathed, with or without restriction, to the City of Yelm. As used in this chapter, the term 'donation' does not refer to any money or property, real or personal that may be reasonably classified as a grant. 3.46.020 Authority to Accept Donations. The City may accept donations of money, real or personal property, equipment, materials, services, labor, intellectual property, sponsorships, grants, bequests, memorial gifts, or other things of value, whether tangible or intangible from individuals, businesses, nonprofit organizations, foundations, and other entities. 3. 46.030 Classification of Donations. Donations may be unrestricted or designated for a specific public purpose, including, but not limited to: • Veterans Park & Memorial Walk • Parks and recreation improvements • Public art or cultural enhancements • Community services • Beautification or environmental projects • Facilities or capital improvements 3.46.040 Limitation on Acceptance of Donations. The City may accept and use donations only for purposes related to those powers granted to the City by law. Any donations to the City that is accompanied with any contingency, term, or condition on the use by the City of such donation that is inconsistent with this chapter or contrary to law shall be declined by the City. The City may decline to accept any donation that is inconsistent with the policies, plans, goals, or any other ordinance of the City. 3.46.050. Administrative Acceptance of Donations. The City Administrator is authorized to accept monetary or in-kind donations valued up to $25,000 on behalf of the City. Donations exceeding $25,000, or those requiring the City to assume ongoing maintenance, long-term obligations, or contractual commitments, must be approved by the City Council. The City Administrator may reject any donation that: • Is inconsistent with City values or public purpose • Imposes unreasonable conditions or obligations • Requires costs beyond available resources • Presents environmental, legal, or safety concerns 3.46.060. Sponsorships and Donor Recognition. The City may enter into sponsorship or recognition agreements that provide acknowledgment of donors through: • Memorial bricks or pavers • Engraved plaques Sponsorship walls • Named benches, trees, or landscape features • Named amenities or elements within a park or facility Donor recognition shall not constitute commercial advertising and shall not include promotional messaging, slogans, or calls to action. The Naming of major parkfeatures, structures, or facilities requires City Council approval and must be consistent with MRSC best practices, historical significance, and community values. Recognition signage or materials must be consistent with City design guidelines and approved by the City Administrator or designee. 3.46.070 Management of Donations and Funds. All monetary donations shall be deposited into a designated City fund and accounted for in accordance with RCW 43.09 and City financial policies. Restricted donations must be used solely for their intended purpose. Donors may request a written acknowledgment or receipt; the City shall provide necessary documentation for tax reporting purposes. If a donated item or improvement becomes obsolete, unsafe, or no longer serves a public purpose, the City may dispose of, relocate, or repurpose the donation in accordance with applicable law, unless otherwise restricted by the terms of the donation. If donations are given without conditions said funds shall be deposited in the General Fund to be appropriated pursuant to the budget process. 3.46.080 Veterans Park & Memorial Walk Donations. Donations designated for the Veterans Park & Memorial Walk shall be used exclusively to plan, design, construct, maintain, and enhance memorial features honoring U.S. military veterans across all branches of service. Donations may support memorial monuments, interpretive signage, educational displays, landscaping, pathways, reflection areas, or other improvements consistent with the project mission of statement of "Honoring our heroes, preserving our legacy, and educating future generations." Sponsorship levels, naming opportunities, and donor recognition for Veterans Park & Memorial Walk may be established by administrative policy or resolution, consistent with this Ordinance. 3.46.090. No Gift Of Public Funds. All donations must confer a clear public benefit. No donation acceptance or recognition under this ordinance shall violate Article VIII, Section 7 of the Washington State Constitution prohibiting gifts of public funds. 3.46.100. Ethics and Conflicts. No donation shall be accepted if it creates an actual or apparent conflict of interest, violates state or local ethics laws, or compromises the City's independent judgment. SECTION 2. SEVERABILITY. If any section or provision of this Ordinance is held invalid, the remainder shall remain in full force and effect. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect five (5) days after publication as required by law. PASSED BY THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, thiQJ day of � 2026. Joe a, Mayor 7 APPR D A5 O Brent Dille, City Attorney ATTEST: Kathy �Linneme er, City rk PUBLISHED - (Q EFFECTIVE DATE: 1 -a-l-Q(o