HomeMy WebLinkAbout9870-08 Amend Chapter 2, Article 14, to Establish a new nonreverting, Private Gift, Donation and Bequest FundORDINANCE No. s
Passed by the Common Council of the City of South Bend, Indiana
October 27, 20 8
Attest:
Attest:
Presented by me to the Mayor of the Ciry of South Bend, Indiana
October 28,
08
zo _
Ciry Clerk
President of Common Council
Approved and signed by me October 2 8 ; 20 0 8
City Clerk
ORDINANCE NO. -t ~ 7~ ~~
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 seq.,
with any interest deposited into this fund.
(d) Appropriation of monies in this fund, whether or not designated by the donor
for a specific purpose, shall require approval by the Common Council.
(e) The Controller shall provide the Common Council annually with a list of all
gifts, donations or bequests received and the amount of each.
(f) The monies deposited in this fund shall remain in the fund and shall not revert
to the general fund.
Section II. This ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
Atte
ity Jerk
Member oft ommon Council
Presented by me to the Mayor of the City of South Bend, Indiana on the Z~`~ day of
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Mayor, City of South Bend, Indiana
Find in Gi:;r~'~ O~~ice
OCT 2 3 2008
JOHN YOOR~E
CffYCLERK, SO. BLVD, fN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
61-08 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH
BEND MUNICIPAL CODE TO ESTABLISH A NEW NONREVERTING,
PRIVATE GIFT, DONATION AND BEQUEST FUND
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation as substituted by
adding at subsection (d) to require that all appropriations under this fund be approved by
the Common Council.
Derek D. Dieter
Chairperson, Committee of the Whole
1400 COUNTY-CTTY BUILDING
227 W. JEFFERSON BOULEVARD
SovTI-I BErro, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF LAW
PHONE 574/ 235-9241
Fax 574/235-9892
TDD 574/ 235-5567
CHARLES $. LEONE ALADEAN M. DEROSE
CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY
October 23, 2008
Mr. Timothy Rouse
President, South Bend Common Council
4`h Floor, County-City Building
South Bend, IN 46601
Re: Bill No. 61-08
Bill to Establish New, Non-Reverting Fund -Substitute Version
Dear Mr. Rouse:
Enclosed for filing with the Common Council is a substitute Bill No. 61-08. This Bill
creates a new non-reverting private gift, donation and bequest fund.
The Bill has been revised at Subsection (d) to require that all appropriations under this
Fund be approved by the Common Council. The previous version did not require approval of
appropriations when used for the specific purpose of the donor. The change was made by
agreement between the Controller and Council through its attorney, Ms. Kathy Cekanski-
Farrand. A copy of the Bill with strike throughs is enclosed for you information along with the
clean original substitute version.
City Controller Catherine Fanello will make all presentations of Substitute Bill 61-08 to
the Council.
Sincerely,
~ ~
Aladean M. DeRose
Chief Assistant City Attorney
AMD/cw
Enclosures
Cc: Catherine Fanello
Mayor Luecke
THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH
JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD ,JOHN E. BRODEN