10-27-08 Council Meeting Agenda & Packet

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ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTBLISH A NEW NONREVERTING, PRIVATE GIFT, DONATION AND BEQUEST FUND STATEMENT OF PURPOSE AND INTENT From time to time the City of South Bend receives gifts, donations and bequests from private citizens, which may or may not be restricted to a specific use or purpose. At this time the City has no designated repository for private gifts to the City. This ordinance creates such a fund. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I. Chapter 2, Article 14 of the South Bend Municipal Code shall be and hereby is amended to add a new Section 2- 170.11 which establishes a Private Gift, Donation and Bequest Fund to read as follows: Section 2- 170.11 Nonreverting Private Gift, Donation and Bequest Fund. (a) The Private Gift, Donation and Bequest Fund is established within the City of South Bend to receive monies donated, given and /or bequeathed to the City of South Bend by private, non - governmental persons including corporations, partnerships and similar entities. (b) The Controller shall use all monies deposited into this Fund for the reasonable purpose(s) designated by the donor, if any, to the extent feasible, and any terms and/or conditions attached to the gift, donation and bequest shall be reviewed and approved by the City Attorney. The Common Council may reject any gifts. (c) The Controller shall deposit monies qualifying for this Fund in the manner prescribed by Ind. Code 5- 13 -6 -1 et seq., as if they were public funds, and may invest those monies as provided by the Ind. Code § 5- 13 -9 -1 et se q., with any interest deposited into this fund. (d) So long as the Controller uses the monies in this fund for the donor's intended general or specific purpose, no appropriation of such monies by the Common Council is required. Gifts, donations, and bequests given without restriction shall be subject to Common Council. appropriation.