Chapter 3.09
DONATIONS AND ACCEPTANCE OF INTERESTS IN REAL PROPERTY
Sections:
3.09.030 Donations of money and personal property.
3.09.040 Acceptance of ownership of or interest in real property.
3.09.050 Acknowledgment of donations and transparency.
3.09.010 Purpose.
Consistent with RCW 35.21.100, which provides that the city council may accept donations of money or property by ordinance, this chapter delegates city council authority to the city manager to accept such donations in circumstances with minimal risk and long-term obligation, and reserves the city council’s authority in all other circumstances. [Ord. 19-21 § 1].
3.09.020 Definitions.
A. “Donation” means any money or personal property that is donated, devised, or bequeathed to the city.
B. “Restricted donation” means a donation that is given with any restriction or condition on the use of the money or property.
C. “Unrestricted donation” means a donation that is given without restriction or condition. [Ord. 19-21 § 1].
3.09.030 Donations of money and personal property.
A. Unrestricted Donations.
1. The city manager is authorized to accept unrestricted donations valued at $20,000 or less per donor, per calendar year.
2. The finance director must deposit accepted unrestricted donations of money into the general fund.
B. Restricted Donations.
1. The city manager is authorized to accept restricted donations valued at $10,000 or less per donor, per calendar year, that support an established city program, including, but not limited to: recreation programs, park facilities, library materials, public art, and maintenance of city facilities.
2. All other restricted donations may only be accepted by action of the city council.
3. The finance director must deposit restricted donations of money into the fund most appropriate to carry out the restrictions or conditions of the donation.
4. The city must make best efforts to use or dispose of any money or personal property in accordance with the donor’s restrictions or conditions.
5. Restrictions or conditions on a donation are not binding upon the city unless accepted in writing by the respective receiving authority (city manager or city council). [Ord. 19-21 § 1].
3.09.040 Acceptance of ownership of or interest in real property.
A. The city may accept ownership of or an interest in real property, including a lease or other instrument transferring anything less than a fee simple interest, only if approved by action of the city council, such as by ordinance or council-approved contract, or as a condition of plat approval.
B. No other action by any city employee or agent may constitute the city’s acceptance of any interest in real property. [Ord. 19-21 § 1].
3.09.050 Acknowledgment of donations and transparency.
A. For each donation, the finance director will communicate to the donor a written acknowledgment of acceptance and appreciation on behalf of the city.
B. The finance director will maintain a continuous list of all donations accepted by the city, and will submit to the city council at the end of each year a list of all donations accepted by the city during the previous calendar year. [Ord. 19-21 § 1].