Ordinance 2005-57
ORDINANCE NO. 2005-57
AN ORDINANCE OF THE CITY COUNCIL OF WYLIE, TEXAS
ESTABLISHING A POLICY REGARDING DONATION
ACCEPTANCE; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Wylie, Texas receives offers of donations for various purposes;
and
WHEREAS, the Wylie City Council wants to adopt a donation acceptance policy that
provides a review of the appropriateness and best use of donations; and
WHEREAS, the Wylie City Council wants to adopt a donation policy that provides
guidance to potential donors as well as City staff on the procedures for accepting donations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
Section 1. That the City Council hereby adopts a policy as it relates to donation
acceptance as detailed in Attachment "A".
Section 2. That all ordinances of the City in conflict with the provlSlons of this
ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict
with the provisions of this ordinance shall remain in full force and effect.
Section 3. Should any paragraph, sentence, subdivision, clause, phase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole or any part or provision thereof, other than the part so declared
to be invalid, illegal or unconstitutional, and shall not affect the validity of the whole.
Section 4. This ordinance shall be in full force and effect from and after its adoption by
the City Council and publication of its caption as the law and the City Charter provide in such cases.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on
this 25th day of October, 2005.
Ordinance No. 2005-57
Donation Policy
Attachment "A"
DONATION ACCEPTANCE POLICY AND PROCEDURES
(1) Purpose. The purpose of this policy is to establish procedures for the acceptance of
donations to the City of Wylie and specific City departments. A uniform set of procedures shall be
followed in acceptance of all solicited or unsolicited donations and proper approval shall be
obtained prior to acceptance. All cash, equipment, in-kind services, materials and sponsorships
donated to the City of Wylie or City departments shall be accounted for in accordance with the
procedures set forth in this policy.
(2) Official Acceptance. In order for donations of funds, equipment or in-kind services to be
accepted, a formal review as outlined within this policy must be conducted. If it is determined that
the donation is not in the best interest of the citizens of the Wylie, the donation shall be refused.
(3) Review prior to Acceptance. The City Manager or his/her designee shall review all
donations for appropriateness and best use. Acceptance or refusal of donations shall be as
determined by the City Manager. The following are criteria which may be applied in determining if
a donation is appropriate for acceptance:
(a) Is the use of the item or money for a designated purchase consistent with existing City
policy, program outcomes and department/city goals?
(b) Do restrictions upon the use of the item or funds make it practical to accept?
(c) Do restrictions on disposal or retention of the item or funds make it practical to accept?
(d) Is required accounting for the item or funds excessively difficult?
(e) Would equipment require extensive repair or maintenance, and if so, is maintenance support
available?
(f) Does use of equipment or materials require the purchase of additional items to be useful?
(g) Does acceptance of funds, equipment or in-kind services or materials present a conflict of
interest for the City or its employees? Regardless of the value of the donation, if the donor is
a contractor, potential contractor or there is reason to believe there may be a conflict of
interest, then the City Manager will determine if the gift should be accepted, rejected or
submitted to Council for approval.
(h) Will the donation result in an increase to the City's budget? Recipients must bear in mind
that donations are to be considered one-time supplements to departments and should not be
used to develop new programs or services which would require budget supplements from the
City in the current or subsequent years.
(4) Approval. Donations with a value up to and including $5,000 may be approved by the City
Manager. Donations with a value that exceeds $5,000 must be approved by the City Council.
(5) Specific Use Donations of Funds. All donated funds which are given for a specific use shall
be recorded in such a manner as to easily identify the intended use. Donations shall be receipted by
the Finance Department, and a budget notation shall be prepared for all donations in excess of
$5,000 specifying the intended revenue and expenditure account(s) to be increased.
(6) Memorials. Donations in Honor of Individuals. Donations which are contingent upon
recognition of an individual by plaque, sign, or other insignia on City property shall be accepted
only after approval of the City Council. The exception being those donations which fall under the
Ordinance No. 2005-57
Donation Policy
criteria of the Park Memorial Dedication Policy approved by the City Council on June 24, 2003
(attached).
(7) Donations of Equipment. Donations of equipment will be considered based on program
outcomes, department goals and needs. Each donation will be evaluated for usefulness and costs of
potential replacement/rental rates will be considered. If there is any question as to the legal owner
of the donated item, proof of ownership may be requested.
(8) Non-Specific Use Donations. Donors who wish to give a gift which is not specific to a
given department may give a gift to the City in general. The City Manager will determine if such
gifts should go to a specific department or to a general City donation fund. Once determined, the
donated money will be expended either for general purposes, or as a one-time supplement to a
departmental operating budget.
Approved donations shall be receipted by the Finance Department, and a budget notation shall be
prepared for all donations in excess of $5,000 specifying the intended revenue and expenditure
account(s) to be increased.
(9) Solicitations for Community Events. All solicitations on behalf of the City of Wylie,
specific city departments, or which are distributed on the official letterhead of the City, shall be
approved by the City Manager prior to solicitation. In-kind contributions and sponsorships for
specific events will be treated in the same way as donated funds.
(10) Solicitations for City of Wylie Programs. Programs which will involve solicitations for
program specific donations and/or in-kind donations (i.e. Reach For a Star) must receive prior
approval from the City Manager and may, after approval, establish separate program criteria. If
determined necessary by the City Manager, additional review of the proposed program may be
required to evaluate potential risk and liability.
(11) Acknowledgement and Receipt. A donation receipt form will be completed when
donations are received, with the form completed by City staff. The donor shall retain a copy, the
director shall be sent a copy and a copy will be sent to Finance. The donor, not staff, must place a
value on the gift.
Ordinance No. 2005-57
Donation Policy
City of Wylie Parks and Recreation Department
MEMORIAL DEDICATION POLICY
Approved by City Council June 24, 2003
1. The Park Superintendent, or designee, shall have the responsibility for administering the City of
Wylie Parks and Recreation Department Memorial Dedication Policy.
2. Under the guidance of the Park Superintendent, Wylie citizens may request the installation of
memorial items including but not limited to: trees, landscaping, granite markers, benches, tables,
pavilions, playground equipment, and other park-related items.
3. All requests for the installation of memorial items must be accompanied with a complete written
description of the item, such as the item dimensions, material of construction, caliper size,
mounting requirements, the desired location, the desired time for installation, etc. The Park
Superintendent reserves the authority to limit the number, size, type, brand, variety, species,
color, location, and date of installation of all memorial items.
4. Prior to installation, all costs associated with the purchase, acquisition, shipping, transportation,
mounting, placement, and/or installation of the item shall be paid by the individual requesting
the installation of the memorial item.
5. No memorial items shall be installed without the approval of the Park Superintendent.
6. Memorials shall be installed by the Park and Recreation Department employees and/or a Parks
and Recreation Department designated contractor only.
7. The Park and Recreation Department assumes no responsibility for any damage, breakage, or
vandalism occurring to the item either before, during, or after installation, nor does the
Department guarantee the item's maintenance, upkeep, life span, or duration of usefulness.
Ordinance No. 2005-57
Donation Policy