Editor's Note: Ordinance No. 392, adopted 1-10-2022, approved the formation of a non-profit corporation to benefit the City of Hallsville by soliciting and accepting contributions of funds for the development of parks and programs, and other public facilities, furnishings and equipment for the benefit or use of the City. These articles of incorporation are held on file in the City offices.
[Ord. No. 393, 1-10-2022]
The purpose of this Chapter is to set forth the procedures for accepting donations, gifts and sponsorships made to the City of Hallsville, Missouri, in a manner that both encourages and facilitates gifts and donations and protects the integrity of the City's municipal decision making processes.
[Ord. No. 393, 1-10-2022]
As used in this Chapter, the following terms shall have these prescribed meanings:
CITY
The City of Hallsville, Missouri, and/or any of its departments.
CUMULATIVE VALUE
The total value of gifts and donations offered by a single individual or entity in a given calendar year.
GIFTS AND DONATIONS
Shall be synonymous and may be a monetary contribution, items of value such as equipment and in-kind goods or services, sponsorships and real property or the use of real property that the City has accepted and for which the donor has not received any goods or service in return. The terms "gift" and "donation" shall not include uncompensated property interests acquired by the City of Hallsville in association with rights-of-way, sidewalks, City facility construction, enhancement projects or similar infrastructure; nor shall they include government grants.
TARGETED SOLICITATION
The direct petition or contact of specific individuals, companies, foundations, or other entities initiated by the City for the purpose of receiving goods, services or other gifts or donations for the City. Targeted solicitation excludes the direct petition for government, private or non-profit grants for the City programs, projects and services approved by the Board of Aldermen.
[Ord. No. 393, 1-10-2022]
A. 
Authorization For The City Administrator To Accept Gifts Of Twenty-Five Thousand Dollars ($25,000.00) Or Less. The City Administrator shall have authority to make a final decision whether to accept offers of donations to the City with a cumulative value of twenty-five thousand dollars ($25,000.00) or less. The City Administrator may delegate this authority to a department head or other City designee if acceptance of a given donation is specifically in keeping with an approved and established fundraising program. Donated money will be expended for the specific purpose so designated or for general purposes if no intent is specified. Donations of equipment will be evaluated for usefulness, ongoing maintenance costs and potential future replacement cost. The authorization of in-kind contributions and sponsorships for specific events will be treated in the same way as donated funds. Corporations offering sponsorships or in-kind contributions will be requested to state the value of the offer or service. The City Administrator will decide on a per case basis if the donation should be accepted.
B. 
Authorization For The Board Of Aldermen To Accept Gifts Of More Than Twenty-Five Thousand Dollars ($25,000.00). The Board of Aldermen shall have authority to make a final decision whether to accept offers of donations to the City with a cumulative value over twenty-five thousand dollars ($25,000.00). Corporations offering sponsorships or in-kind contributions will be requested to state the value of the offer or service. The Board of Aldermen will decide on a per case basis if the donation should be accepted or rejected.
[Ord. No. 393, 1-10-2022]
A. 
The City Administrator and the Board of Aldermen shall consider the following when determining whether a donation should be accepted:
1. 
Whether the donor's designated use of the donation is consistent with existing City policies, programs and City objectives;
2. 
Whether restrictions upon the use, disposal or retention of the donation are of such a nature as to make the donation impractical to accept;
3. 
Whether the accounting for the donation is unduly complex or burdensome;
4. 
Whether the donation is likely to require a level of repair or maintenance which would make it unduly burdensome or cost prohibitive to accept;
5. 
Whether the donation requires the purchase of other equipment or materials to make it useful and which would in turn make it unduly burdensome or cost prohibitive to accept;
6. 
Whether acceptance of the donation is reasonably likely to present a conflict of interest or the appearance of a conflict of interest for the City or City personnel;
7. 
Whether acceptance of the donation is reasonably likely to imply endorsement of commercial products, services, companies or individuals; any political or religious views; or any particular perspective on controversial community issues;
8. 
Whether the donation will result in additional operating costs for which a funding source has not been identified and approved. For example, whether a one-time donation would require additional funding from the City in subsequent years;
9. 
Whether acceptance of the donation poses a burdensome level of additional potential liability, for example, due to the level of indemnifications, insurances, bonding or warranties requested by the donor;
10. 
Whether the ownership of the item to be donated is well established and is able to be legally transferred;
11. 
Whether the item to be donated is of such a nature as to be reasonably likely to offend common sensibilities; and
12. 
Any other matters deemed pertinent by the City Administrator and the Board of Aldermen.
[Ord. No. 393, 1-10-2022]
A. 
Upon acceptance of a donation to the City by the City Administrator or the Board of Aldermen, responsibility for management of the donation shall lie with the department head or other City designee having authority to use the donation for the departmental or other specified purpose.
B. 
The Finance Director shall be responsible for the accounting procedures for donations made under this Chapter and shall carry out such responsibilities in accordance with the City's established accounting procedures.
C. 
A written receipt of all donations shall be completed and signed by the responsible department head or City designee. The donor shall be sent a copy of the written receipt and a copy shall be sent to the Finance Director.
D. 
The appropriate department head or City designee shall also acknowledge each donation by letter, thanking the donor. For donations accepted by the Board of Aldermen, other forms of recognition may be approved by the Board of Aldermen if appropriate under the circumstances. Such recognition may include, but is not limited to, inclusion in City publications and plaques.
E. 
Quarterly written summaries of all donations shall be presented to the Board of Aldermen and the Finance and Economic Opportunities Commission by the Finance Director.
F. 
The City shall retain a written receipt of each donation identifying the name of the donor, the amount and the date of the donation and the nature of restrictions on spending, if any.
G. 
Appropriate purchases may be made using funds donated for the designated purpose. Funds shall be held by the City until they are spent for their intended purpose.
H. 
Where donations are being accumulated for a major project or fundraising campaign, the funds will be held by the City until sufficient funds for the proposed project have been obtained. Funds from donations may not be released and the proposed project may not commence until sufficient funds to complete the project have been secured and/or identified and spending authority has been obtained. Where appropriate, sunset provisions shall be identified at the outset for major projects and fundraising initiatives to provide guidance in the event funding targets are not attained.
I. 
Individual departments and the City, in general, may produce and distribute broad outreach materials outlining opportunities and procedures for making donations, including those in honor or recognition of a person, organization or event. Any targeted solicitation undertaken by any City employee must be approved in advance by the City Administrator or his/her designee.
[Ord. No. 393, 1-10-2022]
A. 
Before either the City Administrator or the Board of Aldermen make a decision as to whether to accept commercial sponsorship in support of a program, event, good or service, where the sponsor expects to receive advertising in return, the City Administrator and/or the Board of Aldermen shall first consider any recommendations from any affected advisory boards.
B. 
The City Administrator shall have the authority to approve such sponsorships of twenty-five thousand dollars ($25,000.00) or less and involving a commitment of twelve (12) months or less.
C. 
The Board of Aldermen shall have authority to approve such sponsorships exceeding twenty-five thousand dollars ($25,000.00) or involving a commitment of more than twelve (12) months.
D. 
Before accepting a commercial sponsorship under this Chapter, the City Administrator and the Board of Aldermen shall ensure that:
1. 
The terms of the sponsorship are to be clearly defined;
2. 
The terms of any sponsorship agreement are to be set forth in a written agreement; and
3. 
If appropriate under the circumstances, bids are sought for such commercial sponsorship.