Ordinance 17-009 Donations CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 17-009
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING SPOKANE VALLEY MUNICIPAL CODE CHAPTER 3.34
RELATING TO THE ACCEPTANCE OF DONATIONS AND GIFTS,AND OTHER
MATTERS RELATING THERETO.
WHEREAS, RCW 35.21.100 requires that donations to the City of Spokane Valley be
accepted by ordinance, and the City Council desires to establish a procedure and means for the
receipt of, accounting for, and handling of donations; and
WHEREAS, the City Council hereby finds this Ordinance is in the best interest of the
health, safety, and welfare of the citizens of the City.
NOW, THEREFORE, The City Council of the City of Spokane Valley, Washington,
ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to establish a procedure and
means for the receipt of, accounting for,and handling of donations and gifts to the City of Spokane
Valley.
Section 2. Adopting Spokane Valley Municipal Code Chapter 3.34. That Title 3
SVMC be amended by adding a new chapter,to be designated as 3.34 as follows:
SVMC 3.34.010—Definitions.
"City Manager"means the City Manager or designee(s).
"donation"means any monetary or nonmonetary gift, grant, devise, or bequest to the City.
A monetary donation includes cash or a check, money order, or any other negotiable
instrument. A nonmonetary donation includes any real or personal property, including art.
"practical use" means a use of a nonmonetary donation to the City that balances how the
City may use a donation, relative to any costs the City may incur to store, maintain, or use
the nonmonetary donation. This concept of practical use is intended to be a balancing test
of the totality of all known factors relating to a potential donation's usefulness to the City.
SVMC 3.34.020 -- Administration of Donations. The City Manager shall have the
responsibility for the administration of all donations to the City.
SVMC 3.34.030—Acceptance of Donations.
(A) The City Manager may accept or decline any donation and, pursuant to SVMC
3.34.050, carry out the terms or conditions of the donations subject to the following
conditions:
Ordinance 17-009 Acceptance of Donations Page 1 of 3
(1)The City Manager may accept or decline,without City Council action,monetary
donations valued up to $200,000. The City Manager may, at his/her discretion,
seek input from the City Council as to whether a donation should be accepted or
not by the City.
(2) The City Manager may accept or decline any nonmonetary donations. In
determining whether to accept the nonmonetary donation, the City Manager shall
consider the potential practical use the City could make of the property. The City
Manager may, at his/her discretion, seek input from the City Council as to whether
a donation should be accepted or not by the City when accepting the donation would
require expenditure of City funds for storage, maintenance, upkeep, repair, or
similar costs.
(B) The determination by the City Manager to accept or decline any donation pursuant to
chapter 3.34 SVMC shall be final, and is not appealable. The City Manager shall provide
a written report to the City Council within 30 days of receipt of any donation to the City,
or the determination to decline a donation.
SVMC 3.34.040 — Conflicts of Interest. The City Manager shall not accept any donation
which creates a conflict of interest, is given in return for financial favors,business with the
City, or other City-business related benefit to donor, or which reasonably creates an
appearance of impropriety. If the City Manager has a question as to whether a donation
creates a conflict of interest or may create an appearance of impropriety, the City Manager
shall consult with the Office of the City Attorney.
SVMC 3.34.050—Use. Once a donation is accepted by the City Manager, or by motion of
the City Council for monetary donations over $200,000, the donation shall become City
property, and the City shall have sole discretion as to how the donation is to be utilized
regardless of any terms or conditions imposed on the receipt of the donation.
Notwithstanding the above, in the event a donor has indicated a desire that a donation be
used for a particular purpose by the City, the City shall make reasonable efforts to utilize
the donation in a manner consistent with the donor's intent. Maintenance, repair, and
disposal of a donation shall be at the sole discretion of the City.
SVMC 3.34.060—Acknowledgement. Upon request by a donor, the City shall deliver to
donor a written confirmation that the City received the donation, which shall contain a
statement that the donation is exclusively for public use. A written confirmation of a
donation may include a statement identifying the City as the organization receiving the
donation, the amount of a monetary donation, a description of the nonmonetary donation
but not its fair market value, and a statement that no goods or services were provided by
the City in return for the donation.
Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence,
clause or phrase of this Ordinance.
Ordinance 17-009 Acceptance of Donations Page 2 of 3
Section 4. Effective Date. This Ordinance shall be in full force and effect five days
after publication of this Ordinance or a summary thereof in the official newspaper of the City of
Spokane Valley as provided by Iaw,
Passed this 6th day of June, 2017.
•
L.R. Higgins-._ _ayoi
ATTE °
(7t-41),,
Christine Bainbridge, City Clcrk
Approved As To Form:
t1 • / 41/
OfficJoof the I Attorney
Date of publication: —/1.6
Effective date: - , / - E,'IJ/9
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