Chapter 3.50
ACCEPTANCE AND USE OF DONATED MONEY OR PROPERTY

Sections:

3.50.010    Donated money or property.

3.50.020    Use without conditions.

3.50.030    Use with special conditions.

3.50.040    Procedure.

3.50.050    Council acceptance – Publication.

3.50.010 Donated money or property.

The Town of Wilkeson may from time to time accept and use money or property donated, devised, or bequeathed, so long as such donations, devises, or bequests are within the powers granted by law and do not conflict with any other statutes governing such donations, devises, or bequests. [Ord. 93.2 § 2, 1993].

3.50.020 Use without conditions.

If no special provisions, conditions, terms, or limitations are attached to such donations, devises, or bequests, the Town may expend or use such money or property for any municipal purpose. [Ord. 93.2 § 3, 1993].

3.50.030 Use with special conditions.

If any special provisions, conditions, terms or limitations are attached to such donation, devise, or bequest, the Town will, before its acceptance, ensure that any such provisions, conditions, terms, or limitations are acceptable within the ability and power of the Town to meet such requirements under the law and that such requirements will not constitute a conflict with or an illegal action under any existing Federal, State, or local laws, including any existing or potential conflict of interest concerns. [Ord. 93.2 § 4, 1993].

3.50.040 Procedure.

Prior to Council consideration for acceptance, the prospective donor, devisor, or bequestor shall provide to the Town Clerk/Treasurer in writing a full description of the money or property, including the estimated monetary value of such property, to be donated, devised, or bequeathed, and any special provisions, conditions, terms, or limitations to be attached thereto, whereupon the Clerk/Treasurer shall proceed as follows:

A. A full copy of the proposed donation, devise, or bequest, including any special provisions, conditions, terms, or limitations to be attached thereto, shall be given to the Town Attorney for research and assurance that the Town may legally accept such donation, devise, or bequest, and/or meet any special provisions, conditions, terms, or limitations attaching thereto. The Town Attorney shall advise the Town in writing of his/her findings not less than five (5) days after receipt of the description required under this section.

B. If the findings of the Town Attorney are that the Town may legally accept such a donation, devise, or bequest, the Clerk/Treasurer shall schedule the proposed contribution on the next available regular meeting agenda, shall post the full written description on which the date of the meeting at which it will be discussed is clearly noted in at least two (2) prominent places within the community, and shall provide copies of the proposal/description with the Town Attorney’s findings or opinion attached to the Mayor and all members of the Council at least five (5) days before the scheduled meeting at which the matter will be discussed.

C. If the findings of the Town Attorney are that the Town may not legally accept such a donation, devise, or bequest or, in the Attorney’s opinion, may be taking an unusual or unwarranted risk in accepting it, the Clerk/Treasurer shall, in a timely manner, so notify the prospective donor, devisor, or bequestor in writing, explaining clearly the reasons the Town cannot accept it as proposed. [Ord. 93.2 § 5, 1993].

3.50.050 Council acceptance – Publication.

Any and all such donations, devises, or bequests, if accepted by Council at the meeting described in WMC 3.50.040, or any subsequent regular meeting, such acceptance shall be accomplished by a motion requiring a vote of the legal quorum as defined by law and the Clerk/Treasurer shall publish notice of such acceptance in the Town’s legal newspaper. [Ord. 93.2 § 6, 1993].