042 of 2022 - Updating Practices Regarding Donations
Ordinance No. 42 of 2022
(Updating 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 the City with the intent of establishing processes, facilitating policies, and
providing guidance regarding the acceptance of donations to the City; and
WHEREAS, the City now desires to update Chapter 3.60 of the Salt Lake City Code to
provide guidance and structure 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, CASH EQUIVALENTS, AND NEGOTIABLE
SECURITIES:
3.60.060: DONATIONS OF REAL PROPERTY:
3.60.070: NONMONETARY DONATIONS (EXCEPT REAL PROPERTY):
3.60.080: OWNERSHIP OF IMPROVEMENTS:
3.60.090: DONATION AGREEMENT:
3.60.100: DONATION ACKNOWLEDGMENT:
3.60.110: TAX LIABILITY:
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3.60.120: USE OF EXCESS FUNDS:
3.60.130: DAMAGED, LOST, STOLEN, OR WORN DONATIONS:
3.60.140: REPORTS TO CITY COUNCIL:
3.60.150: 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 consisting solely of volunteer labor
3. A donation governed by state or federal law; and
4. 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:
CASH EQUIVALENT: An asset that can be readily converted into a known amount of cash or
that can be exchanged for a specified value of goods or services in the same manner as an
equivalent value of cash.
COMPENSATORY SERVICE WORKER: A person who performs a public service with or
without compensation for the city 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 without receiving valuable consideration from the city. It
includes, but is not limited to, a building or structure, an endowment, an improvement, land,
materials, money, a cash equivalent, a negotiable security, or volunteer labor paired with another
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type of donation, but does 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, but not
limited to, 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.
EXCESS 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 used.
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
NONMONETARY DONATION: A donation to the city that cannot be classified as a donation
of money, a cash equivalent, a negotiable security, or real property.
VOLUNTEER: A person who donates service under the direction of a city official, employee, or
agent; 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 provided by a volunteer under the direction of a city official,
employee, or agent, that advances or contributes to a city objective.
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 an improvement on city property, including
an improvement constructed with volunteer labor. Any improvement shall be completed in
conformance with applicable city policy and ordinances, development requirements, and other
adopted standards.
D. A donation may be used for any public purpose, subject to the provisions of this chapter and
any applicable donation agreement. If it becomes impossible or impractical to administer the
donation in accordance with the wishes of the donor, an alternate purpose, which most closely
aligns with the donor’s intent, will be determined by the city.
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E. If applicable, naming of donated property must conform to the city's naming policies.
F. This chapter shall not be construed to create any right for an individual or organization to
make an improvement on city property.
G. 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, CASH EQUIVALENTS, AND NEGOTIABLE
SECURITIES:
A. Donations of money, a cash equivalent and/or a negotiable security may be accepted by the
mayor or the mayor's designee in consultation with the finance department. A donation of a
negotiable security 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 specifications; or
2. Subject to conditions or specifications approved pursuant to applicable provisions of this
chapter.
B. A negotiable security may be held or sold at a marketable rate and the proceeds of such sale
used consistent with any donor conditions or specifications and, if there are no such conditions or
specifications, in accordance with subsection C of this section or any other applicable provisions
of this chapter.
C. A donation of money, a cash equivalent, or proceeds of the sale of a negotiable security shall
be delivered to the finance department and deposited in a fund or account designated by the
finance director or the director's designee.
3.60.060: DONATIONS OF REAL PROPERTY:
A. Except as otherwise provided in subsection B 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;
5. Will be transferred to the city in conformity with applicable city ordinances and policies;
and
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6. Is located within the city, the city’s annexation policy area, or the city’s watershed
protection area.
B. If the requirements of subsection A 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):
The mayor, or the mayor's designee, may accept a nonmonetary donation if acceptance of such
nonmonetary donation is consistent with all applicable city code provisions and city policies.
3.60.080: 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.
3.60.090: DONATION AGREEMENT:
A. Except as set forth in subsection E, the city shall not accept a donation of money, a cash
equivalent, or a negotiable security having a value of one-hundred thousand dollars ($100,000)
or more unless the donor enters into a donation agreement. The city also has the discretion to
require the execution of a donation agreement between the donor and the city before accepting a
donation of money, a cash equivalent, or a negotiable security having a value of less than one-
hundred thousand dollars ($100,000). Any donation agreement cannot take effect unless it is first
approved by the city attorney or the city attorney’s designee.
B. Except as set forth in subsection E, the city shall not accept an in-kind donation having a
value of fifty thousand dollars ($50,000) or more unless the donor enters into a donation
agreement. The city also has the discretion to require the execution of a donation agreement
between the donor and the city before accepting an in-kind donation having a value of less than
fifty thousand dollars ($50,000). Any donation agreement cannot take effect unless it is first
approved by the city attorney or the city attorney’s designee.
C. Except as set forth in subsection E, the city shall not accept a donation of real property
unless the donor enters into a donation agreement. Any donation agreement cannot take effect
unless it is first approved by the city attorney or the city attorney’s designee.
D. The city may enter into a donation agreement with a donor that provides a framework under
which the donor may make, under the agreement, multiple donations to the city over a specified
period of time. Such agreement does not need to identify the total number of donations to be
made and does not need to identify each donation with specificity. However, the parameters and
the framework the city and the donor will use to identify and approve each separate donation
must be set out in the agreement. Any agreement providing for multiple donations over a
specified period of time cannot take effect unless it is first approved by the city attorney or the
city attorney’s designee.
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E. The mayor, city attorney, and finance department director, or their respective designees, with
cause specified in writing, may jointly waive any of the requirements of this section with respect
to a particular donation.
3.60.100: 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.
3.60.110: 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 not intended to be a substitute for professional advice. Each donor
is responsible for documenting the value of the donation for tax purposes.
3.60.120: 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 (5) years after the date the city took possession of the donation; or
B. The city's fulfillment of the purpose of the donation.
3.60.130: 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
improvement for reasons including, but not limited to: safety, deterioration, neglect, vandalism,
or the city's inability to finance ongoing maintenance or repairs.
3.60.140: 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 3.60.090.
C. Before a waiver is issued for a donation under section 3.60.090(E), the city council shall be
informed of such proposed waiver and the reasons for the waiver issuance.
3.60.150: CONFLICTS OF LAW:
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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.
Passed by the City Council of Salt Lake City, Utah, this 19th day of July, 2022.
______________________________
Dan Dugan, Council Chair
ATTEST:
______________________________
CITY RECORDER
Transmitted to the Mayor on __________________________.
Mayor’s Action: _____Approved. _____Vetoed.
______________________________
Mayor Erin Mendenhall
ATTEST:
____________________________
CITY RECORDER
(SEAL)
Bill No. 42 of 2022.
Published: ____________________.
Salt Lake City Attorney’s Office
Approved As To Form
_________________________
Katherine Lewis, City Attorney
Katherine Lewis (Jul 22, 2022 11:36 MDT)
Jul 22, 2022
Dan Dugan (Jul 22, 2022 15:22 MDT)
Dan Dugan
Jul 22, 2022
Erin Mendenhall (Jul 29, 2022 08:02 MDT)
Cindy Trishman (Aug 1, 2022 08:51 MDT)
Cindy Trishman (Aug 1, 2022 08:51 MDT)
August 1, 2022
Ordinance 42 of 2022 Updating Practices
Regarding Donations
Final Audit Report 2022-08-01
Created:2022-07-22
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAMdx8CyjLTd3loVcOM7C0CQS9U9xWdLEb
"Ordinance 42 of 2022 Updating Practices Regarding Donations
" History
Document created by Thais Stewart (thais.stewart@slcgov.com)
2022-07-22 - 4:27:07 PM GMT
Document emailed to Katherine Lewis (katherine.lewis@slcgov.com) for signature
2022-07-22 - 4:28:41 PM GMT
Email viewed by Katherine Lewis (katherine.lewis@slcgov.com)
2022-07-22 - 4:29:07 PM GMT
Document e-signed by Katherine Lewis (katherine.lewis@slcgov.com)
Signature Date: 2022-07-22 - 5:36:30 PM GMT - Time Source: server
Document emailed to daniel.dugan@slcgov.com for signature
2022-07-22 - 5:36:32 PM GMT
Email viewed by daniel.dugan@slcgov.com
2022-07-22 - 5:38:34 PM GMT
Signer daniel.dugan@slcgov.com entered name at signing as Dan Dugan
2022-07-22 - 9:22:08 PM GMT
Document e-signed by Dan Dugan (daniel.dugan@slcgov.com)
Signature Date: 2022-07-22 - 9:22:10 PM GMT - Time Source: server
Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature
2022-07-22 - 9:22:11 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2022-07-22 - 9:48:26 PM GMT
Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com)
Signature Date: 2022-07-29 - 2:02:49 PM GMT - Time Source: server
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2022-07-29 - 2:02:51 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2022-08-01 - 2:51:36 PM GMT - Time Source: server
Agreement completed.
2022-08-01 - 2:51:36 PM GMT