Chapter 3.42
GIFT ACCEPTANCE AND DONOR RECOGNITION
Sections:
Prior legislation: Ord. 11-760.
3.42.010 Introduction.
The city of Asotin welcomes and encourages support from private individuals and entities that support the programs and services the city and its assigned advisory boards, commissions, councils and groups provide to the public. (Ord. 22-870, 2022)
3.42.020 Purpose.
To establish a policy, criteria, guidelines and procedures for receiving and considering proposals to initiate funded, partially funded or unfunded capital projects, including gift and donor recognition projects, or undertake changes to city properties that will, in the judgment of the council, modify the property’s use, appearance or overall aesthetics. (Ord. 22-870, 2022)
3.42.030 Policy.
It is the policy of the city of Asotin:
A. To facilitate publicly and privately funded improvement proposals and encourage public and private gifts, bequests, and such contributions that enhance, beautify, improve, supplement, support, or otherwise benefit the city of Asotin.
B. To accept only those gifts, park improvements and donor recognition objects that are consistent with the mission, policies, park property restrictions, park master plans and most current comprehensive plan.
C. To accept only those gifts, park improvements and donor recognition objects given with the full understanding that they become the property of the city and are subject to the laws, policies and procedures that govern the city of Asotin and its assigned advisory boards, commissions, councils or groups.
D. To solicit and encourage public comment and involvement in the development of the city of Asotin.
E. To accept gifts of land from private individuals, for-profit corporations, not-for-profit organizations and public entities when city ownership will further the objectives of the city as identified in the comprehensive plan.
F. To accept gift and park improvement proposals, other than land, from private individuals, for-profit corporations, not-for-profit organizations and public entities which:
1. Are given with no contingencies other than that they be used for a specific program, activity or area of programming.
2. The city is not obligated to replace if the gift or park improvement is stolen, vandalized, worn out, irreparably damaged or destroyed.
G. To deny gift and park improvement proposals that, in the judgment of the council, are incompatible with the park location, other park uses or users.
H. To deny gift, park improvement and donor recognition object proposals that are memorial in nature that single out any race, ethnicity, gender, or heritage or any other memorial that detracts from the emphasis that the city exists to meet the varied recreational, social, wellness, and educational needs of all users.
I. To protect designated open space and green space areas as fundamental aspects of the quality of life in the city of Asotin, and to limit gifts and park improvements in those areas to benches, trees or other plant materials. Benches should be placed only where placement is deemed a park or recreational necessity as determined by guidelines developed, monitored, and evaluated by public works staff and designated landscape architects.
J. To prohibit donor recognition objects on gifts in designated open space and green space areas.
K. To limit, as much as possible, plaques and visible recognition objects to areas of a park recognized as “built” environments, i.e., benches, picnic tables, water fountains, buildings, play areas, ballfields, tennis courts, etc.
L. To limit, as much as possible, all gifts and park improvements in “built” environments to items that complement those environments, e.g., murals for buildings; turf/fall surfacing/sand/benches/tables/play equipment for play areas; turf/backstops/bleachers/scoreboards/fences for ballfields; nets/posts for tennis courts; backboards/nets/scoreboards for basketball courts. (Ord. 22-870, 2022)
3.42.040 Definitions.
“Assigned advisory boards, commissions, councils or groups” are any working or advisory board or committee created by city council action or initiated by and assigned to or administratively supported by the city of Asotin.
“Donor” is a private individual, for-profit company, nonprofit organization, or public agency wishing to donate funds or objects to the city.
“Donor recognition object” is a physical object placed in a park to acknowledge a gift donor.
“Donor recognition project” is a proposal and plan for placing a donor recognition object at a park or park facility.
“Gifts” are all gifts, bequests, or donations to include but not be limited to endowments, real property, structures or portions of structures; money or negotiable securities; materials; equipment; flora or fauna; improvements to facilities or land; statues, monuments, sculptures, murals and other works of art; plaques, graphics and/or signs; or recreation and cultural arts program instruction, equipment and supplies.
“Memorial art” is any statue, monument, sculpture, mural, memorial, or other structure or landscape feature designed to perpetuate in a permanent manner the memory of a person, group, event or other significant element of history.
“Park improvement proposal” may include a funded, partially funded or unfunded capital project(s) request consisting of real property, structures, or portions of structures; materials; equipment; flora or fauna; improvements to facilities or land and other nonart items.
“Park improvement proposer” is a private individual, for-profit company, nonprofit organization, or public agency wishing to initiate a funded, partially funded or unfunded capital project(s) consisting of real property, structures, or portions of structures; materials; equipment; flora or fauna; improvements to facilities or land and other nonart items. (Ord. 22-870, 2022)
3.42.050 Responsibility.
A. The mayor, or appointed designee, is responsible for:
1. Receiving all gift, park improvement and donor recognition proposals, including memorial and nonmemorial art, and related donor recognition objects and making an initial decision to either accept or reject.
a. The mayor shall have authority to approve or reject gifts of $1,000 or less, or of items that are flora/fauna in nature.
b. Any gift of over $1,000 or that are build or physical in nature such as, but not limited to, benches, playground equipment, sidewalks, gazebos, etc. will require council approval.
2. Determining the appropriateness and compatibility of all details of the proposed gift, park improvement and/or donor recognition object, including but not limited to the location, impact on other park uses or users, the size, scale, color, design, materials, contractor, and construction schedule.
3. Advancing approved gift and park improvement proposals to assigned and applicable advisory boards, commissions, councils or groups for design review and refinement.
4. Making the final decision on acceptance of all gift, park improvement and donor recognition object proposals, unless determined it is appropriate for full city council decision.
5. Declining proposed gift, park improvement or donor recognition object proposals that are limited by special restrictions, conditions or covenants, which pose extreme budgetary obligations on the city, or which, in the opinion of the mayor, may not be in the best interest of the city and/or citizens of Asotin.
6. Making the final decision on the gift placement location of specific gifts, park improvements and donor recognition objects.
7. Determining the life expectancy of gifts and park improvements; their appropriateness, usefulness and continued value to the city; and their retention, relocation, modification, improvement, return to donor, transfer, sale, or donation to other agency.
8. Determining anticipated costs associated with ongoing maintenance of gifts, park improvements and donor recognition objects, including statues, monuments, sculptures, murals and other works of memorial and nonmemorial art and related donor recognition objects, in conjunction with other advisory boards, commissions, councils or groups as appropriate.
B. The donor or park improvement proposer is responsible for:
1. A portion or all of the financial costs of gifts, park improvements and donor recognition objects, and their installation if determined appropriate by the mayor. (The city is under no obligation to replace stolen, vandalized, irreparably damaged or destroyed recognition objects.)
2. A portion or all of the financial costs associated with ongoing maintenance of gifts, park improvements and donor recognition objects, including statues, monuments, sculptures, murals and other works of art and related donor recognition objects, if determined appropriate by the mayor, in consultation with applicable advisory councils, commissions, boards or groups as appropriate.
3. Appearing before the applicable advisory council, commission, board or group to present their gift, park improvement and/or donor recognition object proposal.
C. The council is responsible for:
1. Reviewing proposals for gifts, park improvements and donor recognition objects referred to it by the mayor and for making a final acceptance or rejection decision. (Ord. 22-870, 2022)