037 of 2020 - Revisions to City Code for Donations to the CityOrdinance No. _____ of 2020
(Addressing Salt Lake City Corporation’s practices regarding donations to the City.)
An ordinance amending Chapter 3.60 of the Salt Lake City Code to update Salt Lake City
Corporation’s practices regarding donations to the City.
WHEREAS, Salt Lake City Corporation (the “City”) has previously enacted Chapter 3.60
Donations to City with the intent of establishing policies and guidelines for accepting donations
to the City; and
WHEREAS, the City now desires to update Chapter 3.60 of the Salt Lake City Code to
provide additional guidance regarding the acceptance of donations to the City; and
WHEREAS, the Salt Lake City Council has determined that adoption of this ordinance
promotes the best interests of the City;
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah,
as follows:
SECTION 1. That Chapter 3.60 of the Salt Lake City Code is hereby amended as
follows:
Chapter 3.60
DONATIONS TO CITY
3.60.010: PURPOSE:
3.60.020: SCOPE:
3.60.030: DEFINITIONS:
3.60.040: DONATION POLICY:
3.60.050: DONATIONS OF MONEY AND NEGOTIABLE SECURITIES:
3.60.060: DONATIONS OF REAL PROPERTY:
3.60.070: NONMONETARY DONATIONS (EXCEPT REAL PROPERTY):
3.60.080: VOLUNTARY LABOR POLICY; LIABILITY:
3.60.090: EVALUATION GUIDELINES:
3.60.100: [RESERVED]
3.60.110: PRIVATE CONSTRUCTION:
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3.60.120: OWNERSHIP OF IMPROVEMENTS:
3.60.130: DONATION AGREEMENT:
3.60.140: DONATION ACKNOWLEDGMENT:
3.60.150: TAX LIABILITY:
3.60.160: USE OF EXCESS FUNDS:
3.60.170: DAMAGED, LOST, STOLEN, OR WORN DONATIONS:
3.60.180: REPORTS TO CITY COUNCIL:
3.60.190: CONFLICTS OF LAW:
3.60.010: PURPOSE:
The purpose of this chapter is to establish policy and guidelines for acceptance of donations to the
city. Its provisions are intended to establish a review process that considers the intentions of the
donor, the needs and desires of the community, and city benefits and costs associated with
proposed donations, including long term costs of maintenance and care of donated property.
3.60.020: SCOPE:
A. Except as provided in subsection B of this section, the provisions of this chapter shall apply to
any donation made, or proposed to be made, to the city.
B. This chapter does not apply to:
1. A grant;
2. A donation governed by state or federal law; and
3. A sponsorship, naming right, or other similar arrangement concerning city owned property.
3.60.030: DEFINITIONS:
For the purposes of this chapter the following terms, phrases, and words shall have the meanings
given in this section:
COMPENSATORY SERVICE WORKER: A person who performs a public service with or without
compensation for an agency as a condition or part of the person's incarceration, plea, sentence,
diversion, probation, or parole.
DONATION: Anything (including multi-year contributions) other than a grant, that is contributed to
the city by a donor, having a value in excess of the applicable current minimum reporting amount set
by the Internal Revenue Service. It includes a building or structure, an endowment, a public
improvement, land, materials, money, negotiable securities, public art, or volunteer labor, but does
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not include a contribution or payment associated with a sponsorship, naming right, or other similar
arrangement.
DONOR: An individual or organization that makes a donation to the city, including a trust, estate,
firm, partnership, joint venture, club, company, joint stock company, corporation, limited liability
company, association, society, or any other group of individuals acting together, whether mutual,
cooperative, fraternal, nonprofit, or otherwise. "Donor" does not include a compensatory service
worker.
GRANT: a monetary or non-monetary contribution received pursuant to a formal application process
and a formal award or any contribution received from a governmental entity.
EXCESS DONOR FUNDS: Money, or another kind of donation that has been converted to money,
contributed by a donor to the city that is unexpended after completion of the purpose for which a
donation is made.
PARK AMENITY: An improvement that contributes to the betterment of a park, such as a bench,
play structure, picnic table, shelter, sports facility, or trail.
PUBLIC ART: A work of art displayed in a public place including a painting, print, sculpture, statue,
or mural.
PUBLIC IMPROVEMENT: An activity, including volunteer labor, that betters publicly owned property,
including land, a structure, materials and/or equipment, a park amenity, or public art.
SMALL CONTRIBUTION: A contribution having a value that falls below the then-current minimum
reporting amount set by the Internal Revenue Service.
VOLUNTEER: A person who donates service without pay or other compensation except expenses
actually and reasonably incurred as approved by the city. "Volunteer" does not include a
compensatory service worker.
VOLUNTEER LABOR: Work, related to a donation, provided by a volunteer to construct or maintain
a public improvement.
3.60.040: DONATION POLICY:
A. Salt Lake City encourages donations from individuals and entities that support programs and
services the city provides to the public. The city shall evaluate whether to accept a proposed
donation based on the provisions of this chapter and pertinent city policies and procedures. The
city shall have sole discretion to determine whether to accept or decline a proposed donation.
The intent of the city is to help donors reach their intended goals while at the same time taking
action consistent with the mission, goals, plans, resources, and limitations of the city as a whole.
B. A person who wishes to make a donation is encouraged to contact the recipient city department
to discuss the proposed donation and the process for review and acceptance thereof.
C. Subject to the provisions of this chapter and in compliance with any applicable law, the city may
accept a donation for the purpose of providing a public improvement on city property, including
an improvement constructed with voluntary labor. Any improvement shall be completed in
conformance with applicable city policy and ordinances, development requirements, and other
adopted standards.
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D. A donation may be used for any public purpose, subject to the provisions of this chapter and any
applicable donation agreement.
E. If applicable, naming of donated property must conform to the city's naming policies.
F. The city may, before accepting a donation of real or personal property, require an appraisal of
the property.
G. This this chapter shall not be construed to create any right for an individual or organization to
make a public improvement on city property.
H. The mayor, or the mayor’s designee, in consultation with the finance department, is authorized to
establish policies and procedures related to donations that are consistent with this chapter.
3.60.050: DONATIONS OF MONEY AND NEGOTIABLE SECURITIES:
A. Donations of money and/or negotiable securities may be accepted by the mayor or the mayor's
designee in consultation with the finance department. A donation of negotiable securities may be
accepted when in the judgment of the mayor or the mayor’s designee, in consultation with the
finance department, the proposed donation is in accordance with applicable law and the
proposed donation is either:
1. Not subject to conditions, or
2. A conditional donation approved pursuant to applicable provisions of this chapter.
B. Negotiable securities may be held or sold at a marketable rate and the proceeds of such sale
used consistent with any donor specifications and, if there are no such specifications, in
accordance with subsection C of this section or any other applicable provisions of this chapter.
C. An undesignated and/or unconditional donation of money or proceeds of the sale of negotiable
securities shall be delivered to the finance department and deposited in an account designated
by the finance director or the director's designee.
D. Subject to the provisions of this chapter, if the city accepts a monetary donation for a public
improvement, including a park amenity or public art, it shall deposit and hold the donation for its
intended purpose in a special donation fund managed by the finance department and shall
disburse the donation at the time called for by any applicable donation agreement.
3.60.060: DONATIONS OF REAL PROPERTY:
A. The city shall review a proposed donation of real property for:
1. Suitability for the intended use and potential for resale;
2. Any conditions that the donor may place upon the use of the property;
3. Potential environmental problems, including the presence of hazardous waste;
4. Probable maintenance costs;
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5. Potential financial and legal liability to the city; and
6. Any other consideration that may affect the suitability of the donation.
B. The city may request from the donor an appraisal of the real property to be donated.
C. Except as otherwise provided in subsection D of this section, the mayor, or the mayor’s
designee, in consultation with the finance department, may accept a donation of real property
that:
1. Is consistent with the policy and objectives of any applicable master plan;
2. Is free of any mortgage or liens against the property;
3. Does not create an unfunded financial liability for the city;
4. Does not have any hazardous waste or condition that would cause the city to become a
potentially responsible party as provided in the comprehensive environmental response
compensation and liability act of 1980, as amended; and
5. Is located within the city, the city's annexation policy area, or the city's watershed
protection area.
D. If the requirements of subsection C of this section cannot be met, the mayor, or the mayor’s
designee, in consultation with the finance department, may recommend to the city council that
the real property donation nevertheless be accepted, subject to any conditions the mayor, or the
mayor’s designee, deems prudent. The city council shall thereafter determine whether to accept
or reject the proposed donation.
3.60.070: NONMONETARY DONATIONS (EXCEPT REAL PROPERTY):
A. The mayor or the mayor's designee, in consultation with the finance department, may accept a
nonmonetary donation for a public improvement (except real property), including voluntary labor,
a park amenity, public art, and materials typically used by a city department.
B. A nonmonetary donation shall be subject to review and a recommendation from a board or
commission if required by this code or as may be requested by the mayor or the mayor’s
designee, in consultation with the finance department.
3.60.080: VOLUNTARY LABOR POLICY; LIABILITY:
A. The city council encourages the acceptance of volunteer labor to provide public improvements
and hereby declares its policy that volunteers should be used wherever possible. The city council
further declares that in weighing the benefit of using volunteers versus the risk of liability to a
volunteer, preference should be given to using volunteers.
B. Volunteers have liability coverage as provided in the volunteer government workers act, title 67,
chapter 20 of the Utah Code Annotated, as amended, or its successor.
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C. As a risk management measure, the mayor, or the mayor's designee, is encouraged to provide
training for volunteers who work on a public improvement project.
D. By October 30 of each year, the mayor, or the mayor’s designee, shall provide a written report to
the city council detailing the type, number, and hours of volunteer activities for the previous 12
months.
3.60.090: EVALUATION GUIDELINES:
A. The city shall use the following guidelines, to the extent they are pertinent to a proposed
donation, to assess whether acceptance of that proposed donation is in the best interest of the
city as well as any other consideration that may be relevant in a particular case:
1. Consistency with the mission, policies, and master plans governing the city and/or a
particular department; and
2. Whether the proposed donation:
a. Improves an area of the city that may be deficient in public amenities;
b. Promotes conservation of historical and cultural aspects of the community;
c. Has an educational component;
d. Promotes conservation of natural areas and open space where such preservation
is suitable, is contemplated by plans, or is otherwise desirable;
e. Provides a new or different experience for the public;
f. Promotes use of public spaces for a variety of interests such as special events,
sports tournaments, competitions, and other recreational opportunities, including
both active and passive recreation in a park or other area where such uses are
suitable, are contemplated by plans, or are otherwise desirable;
g. Is suitable for the purpose proposed;
h. Is compatible with the proposed location, if one has been identified, and other
uses of public space;
i. Complements, or is harmonious with, existing improvements and features in the
area;
j. Contributes to, or detracts from, the aesthetic qualities of the surrounding area and
other improvements;
k. Is harmonious with the surrounding public or park setting in quality, scale, and
character;
l. Replaces aging, outdated, or unsafe infrastructure;
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m. Is a traditional park or municipal amenity;
n. Reuses, rehabilitates, or restores an existing park or municipal feature;
o. Is financially feasible based on the cost of the proposed donation or project
implementation, including installation and ongoing maintenance, if applicable;
p. Covers all anticipated costs, including reasonably anticipated future costs;
q. Includes donor or other funds for ongoing maintenance and the cost of relocation
and removal, if necessary;
r. Is susceptible to wear and vandalism;
s. Is consistent with the technical requirements or design standards for installation of
improvements in a public place;
t. Creates any public safety or security issues or a potential danger to public health
and safety;
u. Creates a financial or other liability to the city;
v. Complies with applicable codes, including building codes and ADA requirements;
and
w. Is restricted or conditioned in any manner and the impact of those restrictions or
contingencies.
B. In addition to the above listed guidelines, if a proposed donation is a work of art, the city shall
also use the following guidelines to the extent they are pertinent to a proposed donation as well
as any other consideration that may be relevant in a particular case:
1. Recommendations from the Salt Lake council for the arts;
2. Quality of the artwork based upon a professional assessment of the work or a detailed
written proposal, drawing, model, or photograph;
3. Suitability of the theme of artwork to a public venue;
4. Appropriateness of the artwork to the site, when a particular site has been requested or
identified;
5. Appropriateness of the process for selecting the artist or artwork; and
6. Qualifications of the artist based on documentation of past work and the artist's
professional qualifications.
C. The level of maintenance and costs of relocation or removal may vary depending on the nature
of the proposed donation. In general, donors will be asked to contribute enough money to cover
reasonably anticipated long term costs of maintenance, relocation, and removal. If the proposed
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donation requires a donation agreement, the city shall address those costs in the donation
agreement. The city may agree to take on future maintenance costs and shall use the following
guidelines, to the extent such guidelines are pertinent to the proposed donation, when making
such decision:
1. The community's need or desire for the donation;
2. Whether, and to what extent, the proposed donation provides new or diverse experiences
for community members and visitors;
3. The financial capacity of the donor to fund ongoing maintenance activities;
4. Suitability of the donation to the environmental conditions of public display;
5. Ease of maintenance and repair; and
6. Whether the annual maintenance cost is so low as to be negligible.
3.60.100: [RESERVED]
3.60.110: PRIVATE CONSTRUCTION:
A. If construction of a public improvement is coordinated or contracted for by a donor or provided
by volunteers, the donor shall be responsible for complying with applicable federal, state, and
local laws. The donor shall also bear the cost of necessary permits, approvals, project
management, design, installation, and manufacture of the donation unless these costs are
specifically accepted or waived by the mayor or the mayor's designee.
B. A contractor shall provide proof of compliance with the city's insurance requirements before work
may commence on any public improvement.
3.60.120: OWNERSHIP OF IMPROVEMENTS:
Any donated improvement made on public property becomes city property and is subject to the laws,
policies, and procedures of the city.
3.60.130: DONATION AGREEMENT:
A. The city shall not accept a donation of money or negotiable securities having a value of $10,000
or more unless the donor enters into a donation agreement, the form of which shall be approved by
the city attorney or the city attorney’s designee.
B. The city shall not accept an in-kind donation having a value of more than $500 unless the donor
enters into a donation agreement, the form of which shall be approved by the city attorney or the city
attorney’s designee.
c. The city shall not accept a donation of real property unless the donor enters into a donation
agreement, the form of which shall be approved by the city attorney or the city attorney’s designee.
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3.60.140: DONATION ACKNOWLEDGMENT:
When required by applicable law or internal revenue service regulations, the finance department
shall provide a letter to each donor that formally acknowledges the donation. The letter must include
a statement that because the city is subject to the provisions of the government records access and
management act, the city cannot guarantee anonymity of a donor.
3.60.150: TAX LIABILITY:
The city shall make no representation or guarantee as to the tax implications of any donation made
to the city. Information provided by the city, its officials, employees, or agents in connection with a
donation is intended to be informational only and is not intended to be a substitute for professional
advice. Each donor is responsible for assigning a monetary value to the donation for tax purposes
and should obtain tax and financial advice from appropriate professionals.
3.60.160: USE OF EXCESS FUNDS:
Any excess funds for which the donor has not provided a specific disposition in the donation
agreement shall be transferred to a city fund pursuant to the city’s budget process upon the earlier of
either:
A. The expiration of five years after the date the city took possession of the donation; or
B. The city’s fulfillment of the purpose of the donation.
3.60.170: DAMAGED, LOST, STOLEN, OR WORN DONATIONS:
A. The city is not obligated to replace any donation or improvement that is lost, stolen, damaged, or
worn.
B. Except as otherwise provided in a donation agreement, the city may remove any donated public
improvement for safety reasons, deterioration, neglect, vandalism, or the city's inability to finance
ongoing maintenance or repairs.
3.60.180: REPORTS TO CITY COUNCIL:
A. Annually, after the close of the fiscal year, the finance director shall provide a report to the
council regarding donations received during the fiscal year.
B. Before a corresponding donation agreement is executed, the city council shall be informed of
any donation that would require a donation agreement under the criteria provided in section
3.60.130.
3.60.190: CONFLICTS OF LAW:
If any provision of this chapter conflicts with a provision of an applicable state or federal law or
regulation, such law or regulation shall control.
SECTION 2. That this ordinance shall become effective on the date of publication.
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Passed by the City Council of Salt Lake City, Utah, this _______ day of
________________, 2020.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to the Mayor on __________________________.
Mayor’s Action: _____Approved. _____Vetoed.
______________________________
MAYOR
ATTEST:
____________________________
CITY RECORDER
(SEAL)
Bill No. _______ of 2020.
Published: ____________________.
APPROVED AS TO FORM
By: ___________________________________
Jaysen Oldroyd, Senior City Attorney
September 14, 2020