Chapter 2.90
DONATIONS AND ACCEPTANCE OF INTERESTS IN PROPERTY
Sections:
2.90.030 Donations of money and personal property.
2.90.040 Acceptance of ownership of or interest in real property.
2.90.050 Acknowledgment of donations and transparency.
2.90.060 Policies and procedures.
2.90.010 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 mayor 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. 21-618 § 1 (Exh. A)).
2.90.020 Definitions.
“Donation” means any money, real property or personal property that is donated, devised, or bequeathed to the city.
“Restricted donation” means a donation that is given with any restriction or condition on the use of the money or property.
“Unrestricted donation” means a donation that is given without restriction or condition. (Ord. 21-618 § 1 (Exh. A)).
2.90.030 Donations of money and personal property.
A. Unrestricted Donations.
1. The mayor is authorized to accept unrestricted donations of money or personal property valued at $5,000 or less per donor, per calendar year.
2. All other unrestricted donations may only be accepted by council action.
3. Unrestricted monetary donations will be deposited into the general fund.
B. Restricted Donations.
1. The mayor is authorized to accept:
a. Restricted donations valued at $5,000 or less per donor, per calendar year that support an established city program or policy, including, but not limited to: recreation programs, park facilities and equipment, and parts or materials used for maintenance of city facilities or equipment.
2. All other restricted donations may only be accepted by action of the city council.
3. Restricted donations of money must be deposited 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 city council.
C. Nonacceptance of Donation. The city may decline to accept a donation if such donation is not consistent with the policies, plans, goals, or ordinances of the city, if acceptance of same is contrary to law, or if the city council decides not to accept a donation. (Ord. 21-618 § 1 (Exh. A)).
2.90.040 Acceptance of ownership of or interest in real property.
A. Except as authorized under EMC 2.10.060, 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. 21-618 § 1 (Exh. A)).
2.90.050 Acknowledgment of donations and transparency.
A. For each donation, the mayor or designee will communicate to the donor a written acknowledgment of acceptance and appreciation on behalf of the city.
B. The mayor or designee will maintain a continuous list of all donations accepted by the city, and must provide 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. 21-618 § 1 (Exh. A)).
2.90.060 Policies and procedures.
In addition to the above, the mayor may promulgate administrative policies and procedures consistent with this chapter, with the recommendation of the various city departments, to encourage and facilitate the making of donations to the city. (Ord. 21-618 § 1 (Exh. A)).