Ordinance No. 2022-12 Relating to Updating and Codifying a City Donation Policy (Adopted 052422)Page 1 of 6
ORDINANCE NO. 2022-12
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to acceptance of donations made to the
City; adopting a new Chapter 2.10 of the Bainbridge Island
Municipal Code to provide for a donation policy and related
procedures.
WHEREAS, the City strongly encourages donations that improve the quality of
service the City provides and which improve public spaces to meet the varied
recreational, social, wellness, and educational needs of users, while at the same time the
City desires to manage aesthetic impacts and mitigate ongoing maintenance costs; and
WHEREAS, RCW 35A.11.040 provides that the legislative body of a code city
shall have power to accept any gift or grant for any public purpose and may carry out any
conditions of such gift or grant when not in conflict with state or federal law; and
WHEREAS, RCW 35.21.100 provides that every city and town by ordinance
may accept any money or property donated, devised, or bequeathed to it and carry out the
terms of the donation, devise, or bequest, if within the powers granted by law; and
WHEREAS, the City Council adopted a donation policy by motion on February
26, 2014, at a regularly scheduled business meeting; and
WHEREAS, the City Council now desires to adopt a donation policy and related
procedures by ordinance, in conformance with the terms of RCW 35.21.100.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. A new Chapter 2.10 of the Bainbridge Island Municipal Code is hereby
adopted as set forth in this ordinance. The title of Chapter 2.10 shall be, “Donations Made
to the City.”
Section 2. A new Section 2.10.005 is hereby added to the Bainbridge Island
Municipal Code to read as follows:
2.10.005 Donation defined.
“Donation” refers to any money or asset, real or personal, devised or bequeathed, with or
without restriction, for municipal affairs pertaining to the City of Bainbridge Island with
no corresponding exchange of goods or services provided by the city. Any condition
provided for by the donor shall be honored by the city if the donation is accepted by the
city manager or the city council.
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Section 3. A new Section 2.10.010 is hereby added to the Bainbridge Island
Municipal Code to read as follows:
2.10.010 Acceptance of donations.
A. Ownership. Any donations accepted by the city shall be the property of the city.
B. Monetary donations having a value of $50,000 or less. The city manager is authorized
to accept monetary donations to the city having a value of $50,000 or less, and to carry
out the terms of the donation, devise, or bequest, if the purposes and conditions of the
donation are within the powers granted by law to the city. If no terms or conditions are
attached to the donation, devise, or bequest, the city may expend or use the same for any
municipal purpose.
C. Nonmonetary donations having a value of $50,000 or less. The city manager is
authorized to accept nonmonetary donations having a value of $50,000 or less, and to
carry out the terms of the donation, devise, or bequest, if the purposes and conditions of
the donation are within the powers granted by law to the city. If no terms or conditions
are attached to the donation, devise, or bequest, the city may use the same for any
municipal purpose.
D. Donations having a value greater than $50,000. For any donation having a value
greater than $50,000, the city manager or their designee shall bring a donation proposal to
the city council for its consideration as to whether it will accept the donation.
E. Nonacceptance of a donation.
1. The city manager may decline to accept a donation having a value of $50,000
or less for any reason, including but not limited to if such donation is not
consistent with the policies, plans, or goals of the city or if acceptance of same is
contrary to law, at the sole discretion of the city manager.
2. The city council may decline to accept a donation having a value greater than
$50,000 for any reason, including but not limited to if such donation is not
consistent with the policies, plans, or goals of the city or if acceptance of same is
contrary to law, at the sole discretion of the city council.
Section 4. A new Section 2.10.015 is hereby added to the Bainbridge Island
Municipal Code to read as follows:
2.10.015 Donation agreement in writing.
Any donation shall have an associated donation agreement, as provided to the donor by
the appropriate city department.
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1. Monetary donation agreements: A monetary donation agreement shall include,
but not be limited to, these terms: the name of the donor; the amount of the
donation; an acknowledgement that the city shall become the owner of the
donation; and any conditions set forth by the donor related to the donation,
including but not limited to limitations on city use of the donation.
2. Nonmonetary donation agreements: A nonmonetary donation agreement shall
include, but not be limited to, these terms: the name of the donor; an
acknowledgement that the city shall become the owner of the donation; a name
and description of the donation; and any conditions set forth by the donor related
to the donation, including but not limited to location and maintenance details.
3. Prior to the execution of a donation agreement, the city, at the discretion of the
city manager or their designee, reserves the right to modify the terms set forth
above for donation agreements on a case-by-case basis. The city shall not modify
any conditions set forth by the donor without the prior written consent of the
donor.
Section 5. A new Section 2.10.020 is hereby added to the Bainbridge Island
Municipal Code to read as follows:
2.10.020 Criteria for acceptance of nonmonetary donations.
The city manager or their designee shall evaluate the appropriateness of any nonmonetary
donation. Criteria related to acceptance should include, but is not limited to: (1) meets a
true need of the city; (2) does not interfere with the intended current or future use of city
facilities; and (3) does not require the relocation of other equipment or infrastructure to
accommodate the donation. The city reserves the right to deem any city space and/or
facility fully developed, and to thereby reject a donation. The city reserves the right to
consider any evaluation criteria during the donation consideration process.
Section 6. A new Section 2.10.025 is hereby added to the Bainbridge Island
Municipal Code to read as follows:
2.10.025 Costs of purchase, installation, and maintenance of nonmonetary
donations.
The city manager or their designee shall assess, at the time of donation, a charge
sufficient to cover the anticipated full cost of installation and to cover ongoing
maintenance of any nonmonetary donation related to the anticipated life cycle of the item,
as applicable.
Section 7. A new Section 2.10.030 is hereby added to the Bainbridge Island
Municipal Code to read as follows:
2.10.030 Conditions for installation of nonmonetary donations.
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The city manager or their designee shall manage the installation of nonmonetary
donations. Installation of donated public space elements, including any donor
acknowledgement, shall be completed by city personnel, unless mutual agreement for
other arrangements has been reached in writing. The installation will be scheduled at a
time and date as determined by the public works director or their designee, so as not to
unnecessarily interfere with routine maintenance activities.
Section 8. A new Section 2.10.035 is hereby added to the Bainbridge Island
Municipal Code to read as follows:
2.10.035 Removal or relocation of nonmonetary donations.
The city reserves the right to remove and/or relocate nonmonetary donations, including
donated public space elements and their associated signage, when they interfere with site
safety, maintenance, or construction activities.
Section 9. A new Section 2.10.040 is hereby added to the Bainbridge Island
Municipal Code to read as follows:
2.10.040 Management of nonmonetary donations.
The city manager or their designee shall manage the retention, improvement, return to
donor, transfer, trade, sale, donation to other agency, or any other disposition of any
nonmonetary donation made to the city.
Section 10. A new Section 2.10.045 is hereby added to the Bainbridge Island
Municipal Code to read as follows:
2.10.045 Donation of art.
Chapter 3.80 of the Bainbridge Island Municipal Code provides for terms related to
“Private sources of public artwork.” This Chapter 2.10 of the Bainbridge Island
Municipal Code does not supersede the terms there contained. Where it is unclear which
chapter applies to a donation, the city manager or their designee shall determine which
chapter applies.
Section 11. A new Section 2.10.050 is hereby added to the Bainbridge Island
Municipal Code to read as follows:
2.10.050 Accounting.
The city finance department is responsible for providing for the deposit and financial
administration of any monetary donation to the city or any monies provided as part of a
nonmonetary donation. The finance director shall establish rules and regulations for the
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accounting and administration of donations, consistent with this chapter and applicable
law.
Section 12. A new Section 2.10.055 is hereby added to the Bainbridge Island
Municipal Code to read as follows:
2.10.055. Donation receipts.
The finance director, or their designee, shall provide a receipt to the donor once a
donation is completed that includes, but is not limited to, the identity of the donor, the
value of the donation, when the donation was received, and a statement that the
contribution was solely for public purposes. Should a donor wish to remain anonymous,
at the request of the donor, the receipt may exclude the identity of the donor.
Section 13. A new Section 2.10.060 is hereby added to the Bainbridge Island
Municipal Code to read as follows:
2.10.060 Emergency donations.
A. In the event the city manager proclaims a state of emergency, the acceptance of both
monetary and nonmonetary donations shall be at the discretion of the city manager or
their designee, unless otherwise prohibited by law.
B. The city manager or their designee shall provide for policies related to proper
documentation of donations accepted during any state of emergency as described in
subpart A above.
Section 14. Any prior donation policy, as enacted by the city council, shall be
superseded by this chapter. Any donations accepted prior to the adoption of this
ordinance may be transferred to a fund as designated by the finance director upon this
ordinance taking full force and effect.
Section 15. Severability. Should any section, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
ordinance be preempted by state or federal law or regulation, such decision or preemption
shall not affect the validity of the remaining portions of this ordinance or its application
to other persons or circumstances.
Section 16. This ordinance shall take effect and be in force five (5) days from its
passage and publication as required by law.
PASSED by the City Council this 24th day of May, 2022.
APPROVED by the Mayor this 24th day of May, 2022.
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Joe Deets, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: May 20, 2022
PASSED BY THE CITY COUNCIL: May 24, 2022
PUBLISHED: June 3, 2022
EFFECTIVE DATE: June 8, 2022
ORDINANCE NUMBER: 2022-12