019 of 2012 - Enacting Chapter 3.60 establishing City policy & guidelines for acceptance of donations 0 12-1
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SALT LAKE CITY ORDINANCE
No. 19 of 2012
(Establishing City policy regarding donations to the City)
AN ORDINANCE ENACTING CHAPTER 3.60, SALT LAKE CITY CODE, TO
ESTABLISH CITY POLICY AND GUIDELINES FOR ACCEPTANCE OF DONATIONS.
WHEREAS, it is proposed that Chapter 3.60, Salt Lake City Code, be enacted to establish
City policy and guidelines for acceptance of donations; and
WHEREAS, the intent of the ordinance is to establish a review process that considers the
intentions of donors, 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; and
WHEREAS, the City Council finds adoption of this ordinance reasonably furthers the
health, safety, and general welfare of the citizens of Salt Lake City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Chapter 3.60, Salt Lake City Code, shall be, and hereby is, enacted to read
as follows:
Chapter 3.60
DONATIONS TO THE CITY
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
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chapter shall apply to any donation made, or proposed to be made, to the City.
B. This chapter does not apply to:
1. Receipt of a donation, including a grant, from a government agency;
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 contributed to the City by a donor, including, but not
limited to, a building or structure, an endowment; a public improvement, land, materials,
money, negotiable securities, public art, or volunteer labor, except a donation from a
government agency, including a grant, and a donation 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 DONOR FUNDS: Money, or another kind of donation which has been
converted to money, contributed by a donor to the City which 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, but not
limited to, a painting,print, sculpture, statue, or mural.
PUBLIC IMPROVEMENT: An activity, including volunteer labor, which betters
publicly-owned property, including but not limited to, land, a structure, materials and/or
equipment, a park amenity, or public art.
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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 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.
D. A donation may be used for any public purpose, subject to the provisions of
this chapter and any applicable donation agreement.
E. Naming of donated property, if any, shall conform to the City's naming
policies.
F. The City may, at its option, request or require an appraisal of real or personal
property prior to acceptance of a donation.
G. The provisions of this chapter shall not be construed to create any right for an
individual or organization to make a public improvement on City property.
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. A donation of negotiable securities may be accepted
when in the Mayor's judgment, in consultation with the Finance Director, the proposed
donation is in accordance with applicable law and the proposed donation is either:
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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 as specified by the donor, consistent with applicable provisions of this
chapter.
C. An undesignated and/or unconditional money donation 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 a monetary donation is accepted for
a public improvement, including a park amenity and public art, the donation shall be
deposited and held for its intended purpose in a special donation fund managed by the
finance department and shall be dispersed at the time called for by the associated
donation agreement. Once the purposes for the donation have been fulfilled, any
remaining funds shall be transferred to the General Fund.
3.60.060: DONATIONS OF REAL PROPERTY:
A. A proposed donation of real property shall be reviewed for:
1. Suitability for the intended use and potential for resale;
2. Any conditions that may be placed upon the use of the property by the
donor;
3. Potential environmental problems, including the presence of hazardous
waste;
4. Probable maintenance costs;
5. Potential financial liability to the City; and
6. Any other consideration which may affect the suitability of the
donation.
B. An appraisal of real property proposed to be donated may be requested from
the donor.
C. Except as otherwise provided in Subsection D of this section, the Mayor may
accept a donation of real property which:
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1. Is consistent 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
may recommend to the City Council that a real property donation be accepted, subject to
any conditions the Mayor deems prudent. The City Council shall thereafter determine
whether to accept or reject the proposed donation.
3.60.070: NON-MONETARY DONATIONS (EXCEPT REAL PROPERTY):
A. The Mayor or the Mayor's designee, may accept a non-monetary donation for
a public improvement (except real property), including but not limited to voluntary labor,
a park amenity, public art, and materials typically used by a City department.
B. A non-monetary donation shall be subject to review and a recommendation
from a board or commission as may be required by this Code or as may be requested by
the Mayor.
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 furthers 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.
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 shall provide a written report to the
City Council detailing the type, number, and hours of volunteer activities for the previous
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twelve (12) months.
3.60.090: EVALUATION GUIDELINES:
A. The following guidelines shall be used to assess whether acceptance of a
proposed donation is in the best interest of the City as well as any other consideration
which 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 which 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 users 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;
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1. Replaces aging, outdated, or unsafe infrastructure;
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 following guidelines shall be also considered as well as any other consideration
which 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
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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 maintenance costs,
relocation, and removal. These costs shall be estimated and submitted with a donation
agreement. The City may agree to take on future maintenance costs and shall consider the
following guidelines 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 on-going 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: REVIEW BY CITY BOARD OR COMMISSION:
A. A proposed donation which requires a recommendation and/or approval from a
City board or commission, as provided in this code, shall be referred to such board or
commission for action prior to acceptance by the City.
B. A proposed donation shall be reviewed with reference to the evaluation
guidelines set forth in Section 3.60.080 of this chapter.
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.
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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 shall become City property
and shall be subject to the laws, policies, and procedures of the City.
3.60.130: DONATION AGREEMENT:
A donation shall not be accepted unless the donor completes a donation
agreement, the form of which shall be approved by the City Attorney or designee.
3.60.140: DONATION ACKNOWLEDGMENT:
When required by applicable law or Internal Revenue Service regulations, the
Mayor, or the Mayor's designee, shall provide a letter to each donor that formally acknowledges
the donation, identifies its value, and the purpose of the donation. The letter shall 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 shall be 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:
If the purpose of a donation has been fulfilled by the City, excess funds may be
transferred to the City's general fund balance and may be appropriated as the City
Council may deem appropriate.
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 reserves the
right to remove any donated public improvement for safety reasons, deterioration,
neglect, or vandalism, or the City's inability to finance ongoing maintenance or repairs.
3.60.180: REPORTS TO CITY COUNCIL:
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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.
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 supersede the conflicting provision
of this chapter.
SECTION 2. This ordinance shall become effective on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah this 3rd day of April , 2012.
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C ERSON
ATTEST:
A`'�CITy
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Transmitted to Mayor on 4-17-2012
Mayor's Action: A Approved. Vetoed.
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Cp Qy APPROVED AS TO FORM
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Bill No. 19 of 2012. ""' ���`�� Date: !/!/�4.v//1 i
Published: 4-23-2012
By. M 1/�/11///!
Donation Ordinance(clean 03-22-12).doc
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