Ordinance

ORDINANCE NO. 2010 - ___

AN ORDINANCE TO AMEND THE ROYAL OAK CITY CODE AT CHAPTER 26, "CHARITABLE CONTRIBUTIONS FOR PUBLIC PURPOSES," SECTION 26-2, "DEFINITIONS," TO CHANGE THE NAME OF THE ROYAL OAK ACORN FOUNDATION TO THE ROYAL OAK OPPORTUNITY TO SERVE FOUNDATION ("ROOTS")

The City of Royal Oak Ordains:

SECTION 1. SHORT TITLE. This Ordinance shall be known as and may be cited as the "2010 Amendment to the ACORN Foundation Ordinance."

SECTION 2. STATEMENT OF PURPOSE. This is an ordinance to amend the City Code at Chapter 26, "Charitable Contributions for Public Purposes," Section 26-2, "Definitions," to change the name of the Royal Oak Acorn Foundation to the Royal Oak Opportunity to Serve Foundation ("ROOTS").

SECTION 3. AMENDMENT AT SECTION 26-2. The Royal Oak City Code, Chapter 26, "Charitable Contributions for Public Purposes," is hereby amended at Section 26-2, "Definitions," which shall now read as follows:

"Section 26-2. Definitions.

The following terms shall mean as follows for the purposes of this chapter:

CHARITABLE CONTRIBUTION

Any money or property that is received by the City of Royal Oak that is designated by the donor for use by the City for a public purpose and subject to the Rules and Regulations of the United States Department of Internal Revenue, the State of Michigan Department of Treasury or
any other applicable statute.

COMMITTEE

The group formed as outlined herein shall be known as the "Royal Oak Opportunity to Serve Foundation ("ROOTS")."

PUBLIC PURPOSE

Any activity as provided within the Charter of the City of Royal Oak, Michigan, as amended, and/or the Home Rule City Act, MCLA § 117.1 et seq."

SECTION 4. SEVERABILITY. If any Section, subsection, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this ordinance, and such holding shall not affect the validity of the remaining portions of this ordinance.

SECTION 5. SAVINGS. All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this ordinance takes effect are saved and may be consummated according to the law in force when they are commenced.

SECTION 6. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect.

SECTION 7. EFFECTIVE DATE. This ordinance shall take effect 10 days after the final passage thereof.

ORDINANCE NO. 2002-05

AN ORDINANCE TO CREATE A COMMITTEE TO ADMINISTER CHARITABLE CONTRIBUTIONS TO THE CITY OF ROYAL OAK FOR ADMINISTRATION BY THE ROYAL OAK ACORN FOUNDATION TO MAKE RECOMMENDATIONS AS TO THE DISBURSEMENT THEREOF TO THE ROYAL OAK CITY COMMISSION AND TO ESTABLISH PROCEDURE FOR COLLECTING AND DISTRIBUTING SUCH CONTRIBUTIONS.

THE CITY OF ROYAL OAK ORDAINS:

Section 1. PURPOSE. This ordinance is intended to promote charitable contributions through the City of Royal Oak for disbursement to various organizations or projects whose work constitutes a public purpose within the City of Royal Oak. This ordinance is also intended to provide a mechanism for review, reporting and control of those contributions and to provide a potential tax benefit for those individuals or groups that desire to make such contributions to the general public good and welfare of the citizens of Royal Oak and any and all visitors to the City of Royal Oak.

Section 2. DEFINITIONS. The following terms shall mean as follows for the purposes of this ordinance.

(a) PUBLIC PURPOSE-Any activity as provided within the Charter of the City of Royal Oak, Michigan, as amended, Section Two and/or the Home Rules Cities Act, MCL117.1 et seq.

(b) CHARITABLE CONTRIBUTION-Any money or property that is received by the City of Royal Oak that is designated by the donor for use by the City for a public purpose and subject to the Rules and Regulations of the United States Department of Internal Revenue, the State of Michigan Department of Treasury or any other applicable statute.

(c) COMMITTEE-The group formed as outlined herein which shall be known as the Royal Oak Acorn Foundation.

Section 3. COMMITTEE CREATED.

(a) The Committee shall consist of nine members as selected by the City Commission. Two shall be members of the City Commission, five shall be members of those organizations that have historically been involved with public purpose projects in the City of Royal Oak and who have participated in the drafting of this ordinance insofar as is possible. Two shall be members of the community at-large as governed by the Appointments Ordinance. The Committee shall include the City of Royal Oak Finance Director, his/her designee, as a non-voting ad hoc member. The City Commission may expand or contract the number of members.

(b) The City Commission shall appoint all members of the Committee who shall be volunteers and receive no monetary compensation.

(c) Those organizations that have historically been involved with public purpose projects in the City of Royal Oak and who have participated in the drafting of this ordinance may propose nominees for service on the Committee to the Royal Oak City Commission from among the members of those organizations. The City Commission may accept or reject those nominees and may remove any Committee member, by resolution, at any time at the sole discretion of the Commission. Additionally, the City Commission may, by resolution, duly adopted, expand the Committee by adding members of participating organizations that are involved with public purpose projects within the City of Royal Oak.

Section 4. TERMS OF COMMITTEE MEMBERS SERVING IN POSITIONS RESERVED FOR ROYAL OAK RESIDENTS.

(a) Committee members serving in the position reserved for residents of the City of Royal Oak shall serve in staggered, three-year terms.

(b) Starting in 2002, one position reserved for members of those organizations that have historically been involved with public purpose projects in the City of Royal Oak and who have participated in the drafting of this ordinance shall serve an initial one-year term, two for a two-year term and two positions for three-year terms. Thereafter, these positions shall serve three-year terms. Starting in 2002, the two positions reserved for at-large members of the Committee shall initially serve two and three-year terms respectively and thereafter shall serve three-year terms.

(c) The City Commission shall appoint two City Commission Committee members in accordance with its usual practice.

Section 5. RULES OF THE COMMITTEE.

(a) The Committee shall perform its business at a public meeting in compliance with the State of Michigan Open Meetings Act. A meeting agenda shall be included with the notice. Any writing prepared, owned, used, in the possession of, or retained by the Committee in the performance of an official function will be available in compliance with the State of Michigan Freedom of Information Act.

(b) The Committee shall elect a Chairperson, shall meet not less than 4 times per year and shall operate pursuant to Roberts Rules of Order.

(c) The Committee shall prepare a standard form for use and execution by donors designed to assist the Committee in determining the purpose for the donation and to assist the Committee in evaluating whether a specific donation is for a public purpose. The standard form shall include the language, "This donation may be used for any public purpose approved by the City of Royal Oak," as an option for the donor to select and to execute in lieu of making some or all of the charitable contribution for a designated purpose.

(d) The Committee shall forthwith recommend the return of any donation it determines is not designated for a public purpose.

(e) The Committee shall review and approve new and existing charitable contributions as to public purpose and make recommendations as to the distribution of those contributions consistent with the intent of donor(s) to the City Commission. The Committee shall promptly make a recommendation, by majority vote, to the City of Royal Oak City Commission to disburse, as soon as is reasonably practicable, any donation designated for a specific public purpose for the public purpose so designated by the donor.

(f) The Committee shall promptly make a recommendation, by majority vote, to the City of Royal Oak City Commission to disburse or allocate, as soon as is reasonably practicable, any donation received that is not specifically designated for a particular purpose in a manner consistent with public purpose as defined within this ordinance.

(g) Pending disbursement or allocation of any charitable contribution, the Committee shall cause to be deposited with the City of Royal Oak any donated funds, such funds shall be maintained by the City of Royal Oak in accordance with its usual policies and procedure regarding investments and accounts.

(h) The Committee shall adopt such reasonable auditing, record keeping, reporting policies and other reasonable procedures as are consistent with the intent of this ordinance to provide a potential tax benefit to the donor of any charitable contribution(s).

(i) The Committee shall not be the guarantor of any potential tax benefit to the donor and shall, in all instances, advise the donor that the donor's tax status relative to any charitable contribution received by the City is the donor's sole responsibility.

(j) The Committee may adopt such other rules as are consistent with the intent of this ordinance as expressed herein or within the adopting resolution.

Section 6. SEVERABILITY. If any section, subsection, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this ordinance, and such holding shall not affect the validity of the remaining portions of this ordinance.

Section 7. SAVINGS. All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this ordinance takes effect are saved and may be consummated according to the law in force when they are commenced.

Section 8. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect.

Section 9. EFFECTIVE DATE. This ordinance shall take effect 10 days after the final passage thereof.

Date Adopted: October 7, 2002
Date Published: October 11, 2002
Effective Date: October 17, 2002