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HomeMy WebLinkAboutNO NUMBER ASSIGNED \� , ` J ORDINANCE NO. 2017- OR- AN ORDINANCE ESTABLISHING A METHOD OF REVIEWING AND AWARDING CHARITABLE DONATIONS FROM THE CITY OF JEFFERSONVILLE WHEREAS, the City of Jeffersonville (hereinafter "City") receives requests from non-profit organizations for donations in order to assist them in achieving the goals they have set forth; and WHEREAS, the City Council (hereinafter "Council") of the City is desirous of adopting a policy for the submittal of such requests by non-profit organizations, the Council's review of such awards to selected organizations as a part of the budget process; WHEREAS, the City wishes to provide a policy to set a uniform policy and process by which community organizations may obtain financial and in-kind participation; NOW, THEREFORE, BE IT RESOLVED BY THE JEFFERSONVILLE CITY COUNCIL THAT: SECTION ONE DONATION POLICY A non-profit Organization established and/or managed in Clark County, Indiana may solicit money, time or resources (hereinafter "donation") from the City to assist it in activities necessary to achieve goals and services of the organization, subject to the following requirements: 1. Any applicant must be a 503(c)(3), (4), (7) or (8) non-profit organization within Clark County and proof must be submitted of the applicant's exemption with the application; 2. The applicant must complete an application form as prescribed by the Council, as Attached Exhibit "A", and made a part hereto by reference. The application must be submitted to the Jeffersonville Controller's office at the Jeffersonville City Hall no later than JANUARY 1ST of any calendar year for funding in the next fiscal year's budget; 3. The applicant must be in existence and operating within the County for at least twelve (12) months prior to the application for the City donation; 1 4. The applicant must demonstrate that it has provided direct delivery of services to residents of the City within the year prior to their submittal of the application; 5. The City must have control over how, where and when any donation is applied and the applicant must submit financial oversight by the City in the application of the donation. The application will be denied if either of the foregoing is not strictly complied with. 6. No donation will be considered for an activity that the City could not independently engage. 7. The donation and activities it supports must primarily benefit the public of the City of Jeffersonville. 8. The donation MUST BE utilized within the City limits of Jeffersonville. 9. All monies given shall be placed in a separate account from other monies controlled by the applicant. Proof of the establishment of a separate account must be submitted to the City prior to disbursement of any funds. 10. Specific projects, benefits, or line items must be presented in the application, the monies allocated can only be used for those projects, benefits or line items as they were presented to the Council in the application form. Donations made to organizations may not be used to fund personnel salaries or operating expenses. 11. All receipts and expenditures must be available for review at any time by the Council. A representative of the organization must be available for questioning if requested by the City Council at any time during the fiscal year in which the funding was donated. 12. The City WILL NOT donate to any religious organization or organization affiliated with any religious entity. 13. The City WILL NOT donate to any organization that engages in any political activity, event, race or campaign or which routinely engages in lobbying legislative bodies. 14. The City WILL NOT donate to any organization listed as a hate crimes organization. 15. The WILL NOT donate to any organization which regularly transacts business with the City or which has Council members acting as an officer or officers with executive authority. 2 16. Upon the change of any condition required herein during the time between the application and disbursal by the City, the City reserves the right to cancel the donation or allow the organization 30 days to come back into compliance. 17. Depending upon the characteristics of the project or event, the City's participation may necessitate that appropriate insurance coverage be provided by the applicant. 18. Any one organization shall receive no more than $2,000 donation in a single fiscal year. SECTION TWO REVIEW OF APPLICATION The City Council shall schedule a review of applications received, either at a regularly scheduled Council meeting or at a Special Meeting scheduled for the specific purpose. The City Council in its sole and exclusive discretion, shall determine which organizations are eligible for funding in the next fiscal year's budget. At this meeting the City Council shall establish a total dollar amount to be included within the upcoming City budget for the purpose of funding the approved applicants. The City Council at its discretion may fund any organization to a full, partial or zero dollar amount. SECTION THREE EMERGENCY FUNDING The City Council may with the vote of a supermajority (6,7,8 or by all 9 members) vote to fund a donation to a qualifying organization during the fiscal year after the due date of JANUARY 1ST. The organization shall submit a completed application to the Controller specifically requesting emergency funding. The City Council at its discretion may donate the monies if the fiscal year budget permits the donation. SEVERABLITY CLAUSE: If any provision of this Ordinance or application thereof to any person or circumstance is held unlawful or otherwise invalid such invalidity does not affect other provisions or applications of this Ordinance which can be given effect without the invalid application or provision and to this end each such invalid provision or application of this Ordinance is severable it is hereby declared to be the intent of the Jeffersonville City Council that this Ordinance would have been issued had any such unlawful or otherwise invalid provision or application not be included. 3 VOTED YES: VOTED NO: Resolution No. 2018-R- presented by me as Clerk to the Mayor of said City of Jeffersonville at m. on this day of , 2018. Vicki Conlin, City Clerk Resolution No. 2018-R- approved and signed by me at m. on this day of , 2018. Mike Moore, Mayor Resolution No. 2018-R- vetoed by me at m. on this day of , 2018. Mike Moore, Mayor 4 ORDINANCE NO. 2017- OR- AN ORDINANCE ESTABLISHING DISCRETIONARY FUNDING FOR EACH CITY COUNCIL MEMBER TO DONATE FUNDS TO NOT FOR PROFIT ORGANIZATIONS AS DEFINED WHEREAS, the City of Jeffersonville (hereinafter "City") receives requests from non-profit organizations for donations in order to assist them in achieving the goals they have set forth; and WHEREAS, the City Council is desirous of insuring that non-profit organizations in the City have the opportunity to request assistance from the City; WHEREAS, the City Council of the City is desirous of adopting a policy for the submittal of such requests by non-profit organizations; WHEREAS, the City wishes to provide a policy to set a uniform policy and process by which community organizations may obtain financial and in-kind participation; WHEREAS, the Council believes that it would be prudent and desirous to budget Five Thousand Dollars ($5,000) per Council member (Total of$45,000) to permit each Council member the opportunity to determine which, if any, organizations that submit funding request, should be funded; WHEREAS, each Council member, without the necessity of approval of the majority of the Council, shall be permitted to make distributions to the non-profit organization of their choice, from that Council members budgeted Five Thousdand Dollars ($5,000); WHEREFORE, to insure the integrity of the process the non-profit organziations shall all be obligated to adhere to the following application process and rules; NOW, THEREFORE, BE IT RESOLVED BY THE JEFFERSONVILLE CITY COUNCIL THAT: SECTION ONE DONATION POLICY A non-profit Organization established and/or managed in Clark County, Indiana may solicit money, time or resources (hereinafter "donation") from the City to assist it in activities necessary to achieve goals and services of the organization, subject to the following requirements: 1 1. Any applicant must be a 503(c)(3), (4), (7) or (8) non-profit organization within Clark County and proof must be submitted of the applicant's exemption with the application; 2. The applicant must complete an application form as prescribed by the Council, as Attached Exhibit "A", and made a part hereto by reference. The application must be submitted to the Jeffersonville Controller's office at the Jeffersonville City Hall no later than JANUARY 1ST of any calendar year for funding in the next fiscal year's budget. THE APPLICANT MUST STATE THE NAME OF THE COUNCIL MEMBER THAT THEY ARE REQUESTING THE CONTRIBUTION. 3. The applicant must be in existence and operating within the County for at least twelve (12) months prior to the application for the City donation; 4. The applicant must demonstrate that it has provided direct delivery of services to residents of the City within the year prior to their submittal of the application; 5. The City must have control over how, where and when any donation is applied and the applicant must submit financial oversight by the City in the application of the donation. The application will be denied if either of the foregoing is not strictly complied with. 6. No donation will be considered for an activity that the City could not independently engage. 7. The donation and activities it supports must primarily benefit the public of the City of Jeffersonville. 8. The donation MUST BE utilized within the City limits of Jeffersonville. 9. All monies given shall be placed in a separate account from other monies controlled by the applicant. Proof of the establishment of a separate account must be submitted to the City prior to disbursement of any funds. 10. Specific projects, benefits, or line items must be presented in the application, the monies allocated can only be used for those projects, benefits or line items as they were presented to the Council in the application form. Donations made to organizations may not be used to fund personnel salaries or operating expenses. 11. All receipts and expenditures must be available for review at any time by the Council. A representative of the organization must be available for questioning if requested by the City Council at any time during the fiscal year in which the funding was donated. 2 12. The City WILL NOT donate to any religious organization or organization affiliated with any religious entity. 13. The City WILL NOT donate to any organization that engages in any political activity, event, race or campaign or which routinely engages in lobbying legislative bodies. 14. The City WILL NOT donate to any organization listed as a hate crimes organization. 15. The WILL NOT donate to any organization which regularly transacts business with the City or which has Council members acting as an officer or officers with executive authority. 16. Upon the change of any condition required herein during the time between the application and disbursal by the City, the City reserves the right to cancel the donation or allow the organization 30 days to come back into compliance. 17. Depending upon the characteristics of the project or event, the City's participation may necessitate that appropriate insurance coverage be provided by the applicant. 18. Any one organization shall receive no more than $2,000 donation in a single fiscal year. SECTION TWO REVIEW OF APPLICATION The Council member petitioned shall schedule a review of applications received, either at a regularly scheduled Council meeting or at a Special Meeting scheduled for the specific purpose. The Council member petitioned may in his or her sole and exclusive discretion, determine which organizations are eligible for funding in the next fiscal year's budget. At this meeting the Council member petitioned shall establish a total dollar amount to be included within the upcoming City budget for the purpose of funding the approved applicants. The Council member at his or her discretion may fund any organization to a full, partial or zero dollar amount. SECTION THREE EMERGENCY FUNDING The City Council may with the vote of a supermajority (6,7,8 or by all 9 members) vote to fund a donation to a qualifying organization during the fiscal year after the due date of JANUARY 1ST. The organization shall submit a completed application to the Controller specifically requesting emergency funding. The City Council at its discretion may donate the monies if the fiscal year budget permits the donation. THIS CONTRIBUTION SHALL BE A CONTRIBUTION FROM THE COUNCIL AS A WHOLE 3 AND SHALL BE VOTED UPON BY THE COUNCIL. THIS DOES NOT PRECLUDE AN INDIVIDUAL COUNCIL MEMBER FROM FUNDING A REQUEST FROM THAT INDIVIUDAL COUNCIL MEMBERS BUDGETED FUNDS FOR CONTRIBUTIONS TO NON-PROFIT ORGAINZIATIONS AS SET FORTH HEREIN AND ABOVE. SEVERABLITY CLAUSE: If any provision of this Ordinance or application thereof to any person or circumstance is held unlawful or otherwise invalid such invalidity does not affect other provisions or applications of this Ordinance which can be given effect without the invalid application or provision and to this end each such invalid provision or application of this Ordinance is severable it is hereby declared to be the intent of the Jeffersonville City Council that this Ordinance would have been issued had any such unlawful or otherwise invalid provision or application not be included. VOTED YES: VOTED NO: Resolution No. 2018-R- presented by me as Clerk to the Mayor of said City of Jeffersonville at m. on this day of , 2018. Vicki Conlin, City Clerk 4 Resolution No. 2018-R- approved and signed by me at m. on this day of , 2018. Mike Moore, Mayor Resolution No. 2018-R- vetoed by me at m. on this day of , 2018. Mike Moore, Mayor 5