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HomeMy WebLinkAbout2022-18 - Ordinance 2022-18 of the City of East Wenatchee, relating to the acceptance of donations, devises or gifts to the City of East Wenatchee. - 7/19/2022 City of East Wenatchee Ordinance 2022-18 Page 1 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev.1) CITY OF EAST WENATCHEE, WASHINGTON ORDINANCE NO. 2022-18 An Ordinance of the City of East Wenatchee, Washington, relating to the acceptance of donations, devises or gifts to the City of East Wenatchee; and providing for other matters properly relating thereto. Una Ordenanza de la Ciudad de East Wenatchee, Washington, relacionada con la aceptación de donaciones, dispositivos o regalos a la Ciudad de East Wenatchee; y previendo otros asuntos debidamente relacionados con el mismo. 1. Alternate format. 1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la secretaria de la Ciudad en alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code City duly incorporated and operating under the laws of the State of Washington; and 2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the best interests of the City, its citizens and staff to establish a policy relating to the acceptance of donations. 3. Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4. Purpose. The City 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 the City Council desires to adopt this ordinance to establish the policies and procedures of the City to accept money or non-monetary donations, devises or gifts. City of East Wenatchee Ordinance 2022-18 Page 2 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev.1) 5. Enactment. The City Council enacts Chapter 4.51 of the East Wenatchee Municipal Code to read: Chapter 4.51 Acceptance of Donations Sections: 4.51.010 Definitions 4.51.020 Acceptance of Donations 4.51.030 Procedure of Acceptance of Donations 4.51.040 Funds and Accounting 4.51.010 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 East Wenatchee. 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. 4.51.020 Acceptance of Donations The City may accept and use donations only for municipal purposes within powers granted to the City by law. Any donation to the City that is accompanied with any contingency, term, or condition on the use by the City of such donation that cannot be fulfilled by the City, 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. 1. Monetary Donations under $5,000. The Mayor or designee is authorized to accept any monetary donation under $5,000 to the City, and to carry out the terms or conditions of the donation if such terms and conditions are within the powers granted to the City by law and this chapter. If no terms or conditions are attached to the donation, the City may expend or use the same for any public purpose consistent with this chapter. 2. Monetary Donations of $5,000 or Greater. Any monetary donation of $5,000 or greater shall be approved by resolution of the City Council before acceptance. Upon such approval by the City Council, the Mayor or designee is authorized to accept City of East Wenatchee Ordinance 2022-18 Page 3 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev.1) such monetary donation to the City, and to carry out the terms or conditions of the donation if such terms and conditions are within the powers granted to the City by law and this chapter. If no terms or conditions are attached to the donation, the City may expend or use the same for any public purpose consistent with this chapter. 3. Non-Monetary Donations Directly Supporting City Events or Community Activities. The Mayor or designee is authorized to accept non-monetary donations that support specific City events and other community activities. 4. Other Non-Monetary Donations. The Mayor will assess the helpfulness to the City and value of non-monetary donations offered to the City (other than in subpart 3. above). a. If the estimated value of the non-monetary donation is less than $10,000, the Mayor or designee is authorized to accept such donations. b. If the estimated value of the donation is $10,000 or greater, the Mayor or designee is authorized to accept such non-monetary donation upon approval by the City Council. 4.51.030 Procedure for Acceptance of Donations All donations shall be offered in writing directed to the Mayor or designee. If a donation is not approved or accepted by the City, such donation shall be immediately returned to the donor in a manner that properly documents the return of such donation by the City. 4.51.040 Funds and Accounting The City 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 is directed to establish accounting procedures as may be necessary to carry out the terms of this chapter, in accordance with all applicable laws of the State of Washington and requirements of the Office of the State Auditor. 6. Superseding Provisions. The provisions of this ordinance, once adopted, shall supersede any previous ordinance to the extent that said ordinance may conflict with the provisions of this ordinance. 7. Corrections. Upon approval by the City Attorney, the City Clerk and the code reviser may correct this Ordinance if it contains a clerical error; an incorrect reference to other local,