[R.O. 2006 §145.090; Ord. No. 1197 §§1 — 4, 11-12-1996]
A. A new
account shall be opened to be known as the Willow Springs Special
Law Enforcement Fund for the purpose of receiving funds that a Howell
County Circuit Court Judge has ordered to be paid into such fund as
a condition for probation, which said funds are to be used solely
for law enforcement purposes.
B. A Board
of Trustees shall be composed of the Mayor and Chief of Police.
C. All
funds collected shall be receipted through and by the Willow Springs
Municipal Court Clerk's office and any interest received will follow
the account.
D. No
expenditures shall be made from the Special Law Enforcement Fund unless
approved by both members of the Board of Trustees.
[Ord. No. 1599, 11-16-2023]
A. Purpose. The purpose of this Section
130.230 shall be to provide regulations and guidance in the dissemination of public funds and resources to private individuals, entities, and associations in accordance with the constitutional (imitations imposed by the Missouri Constitution to ensure further accountability and transparency in the granting, use and accountability of such public funds and resources.
B. Policy
Statement. It is the intent of the City of Willow Springs that each
and every time the City grants public resources, whether in cash,
goods, or services (collectively "City resources"), to an individual
or outside organization for a purpose other than the continued operations
of the City, its programs, departments and services, the grant of
City resources shall only be made pursuant to a public purpose as
defined in this Section.
C. Definitions.
As used in this Section the following terms shall have the meanings
indicated:
CITY
The City of Willow Springs, Missouri, a Fourth Class municipal
corporation of the State of Missouri.
CITY ENTITY
The City, including any department, division, program, service
or Committee which provides or is tasked with disseminating City resources
to any outside organization for a purpose other than the continued
operations of the City, its departments, divisions, programs, services
and committees.
CITY RESOURCES
Assets of the City, whether in the form of cash or other
financial instruments, as well as, services or the provision of tangible
assets for use which are owned by the City.
EXPENDITURES
City expenditures of public funds and resources to private
individuals, associations or corporations.
PUBLIC PURPOSE
A purpose which meets any one (1) or more of the following
criteria:
a.
A purpose that supports the City or the recognized objects of
the City;
b.
A purpose that directly promotes the welfare of the community;
c.
A purpose from which some benefit or convenience to the public
will flow; or,
d.
A purpose that improves employment and stimulates any economic
growth or improvement.
D. Provision
Of Public Resources.
1. The provision of public resources shall be made in accordance with
the following steps:
a. Any program or activity receiving public support must be a program
or activity that the City could, or would otherwise fund directly.
b. When any expenditure of City resources is contemplated, the requestor
initiating outreach for the use of City resources must provide a public
purpose statement on the form developed by the City for such requests,
which form is to be maintained at City Hall for distribution to the
public. This requirement supplements any existing applications, procedures
or requirements for an award of City resources and does not relieve
the applicant of the need to comply with any other policies, procedures,
or applications required.
c. Upon application made and received by the City, such application
shall be presented to the Board of Aldermen or such person as designated
by the Board of Aldermen ("certifying entity") to review applications
and verify the information contained therein and to further certify
that the public purpose contemplated by the application meets the
definition of a public purpose as defined herein.
d. Upon certification by the certifying entity, all non-financial resources
may be expended upon approval of the certifying entity. However, when
the request is made for financial resources to be expended, the certifying
entity shall present the application to the Board of Aldermen at the
first regular meeting following certification for approval by a majority
of the Board of Aldermen by roll-call vote in an open session. Except
as required by Chapter 610, RSMo., nothing contained herein shall
prevent the City or any requestor from seeking to discuss terms of
the provision of City resources in closed session prior to the final
approving vote.
e. Upon approval by the Board of Aldermen for the expenditure of financial
City resources, requestor shall enter an agreement setting forth the
contractual terms upon which the provision of such financial resources
are to be made, including any repayment terms, such terms being determined
in the sole and exclusive discretion of the City.
2. Requestors of City resources for "approved uses" are not required
to submit a public purpose statement prior to receiving City resources
as long as the requests are substantially similar to the history of
a demonstrated public purpose, as determined by the appropriate certifying
entity, in the certifying entity's sole and exclusive discretion.
Although the "approved uses" presumptively comply with this Section,
the certifying entity, in its sole and exclusive discretion may at
any time and for any reason require the recipient of the expenditure
to submit a public purpose statement. Any "approved uses" that reference
a specific event or a specific agency are not intended to entitle
any agency or host to City resources or to prohibit any other agency
or host from being considered an approved use for a similar activity.
As of the date of this Section, the following activities and those
attached hereto on Schedule 1 are found to serve a Public Purpose
and therefore acceptable use of City resources under this Section (the
"approved uses"), which list is not intended to be exhaustive, but
rather instructive of acceptable activities:
a. Other Governmental Agencies. Provision of mutual aid, mutual assistance,
or public outreach.
b. Community Outreach Events. Nothing herein is intended to restrict
or limit City participation in community policing, staff presentations
and participation in community organizations.
c. Use of City facilities as prescribed by other City ordinances, policies,
rules or regulations.
d. Participation And Membership. Nothing herein is intended to restrict
or limit City participation in governmental task forces, professional
associations, industry organizations or cooperative ventures.
e. Any line-item expenditure, program, or activity in conjunction with
an approved budget.
f. Inter-agency cross promotion and advertising.
g. School Resource Officer programs.
h. Honor guards (subject to availability and without incurring overtime
compensation).
i. Assignment to area, regional, national or international task forces,
committees, or governmental agencies.
k. The following is a list of descriptive examples of activities/programs
for which the City may provide a variety of City Resources without
compensation or reimbursement:
Requestor
|
Public Purpose Activity
|
---|
Chamber of Commerce
|
Annual downtown community festival
|
Various
|
Holiday parade traffic control and/or security
|
WS Schools
|
Events providing safety and awareness outreach, equipment and
vehicle displays
|
YMCA
|
Financial support for youth sporting activities
|
Willow Springs Library
|
Financial support for the local library
|
3. Except as specifically excluded under Subsection
(E) of this Section, all requests for financial resources shall be accompanied by a public purpose statement irrespective of whether such funding has previously been provided to the requestor for similar purposes.
4. The recipient of any City resources shall comply with any and all
other application requirements imposed by the City or certifying entity,
including, but not limited to, any insurance, auditing, and/or indemnity
requirements, as may be applicable to the specific expenditure.
E. Activities
Excluded From The Coverage Of This Section.
1. Any activity which is authorized by a separate agreement, including
but not limited to facility rentals, use agreements, contracts for
services, activity partnership agreements, sponsorships, advertising,
cooperative ventures, and mutual aid/assistance, are not subject to
or governed by this Section.
2. Nothing contained in this Section shall be construed to modify the provisions of Chapter
135 of the City Code relating to procurement and requirements therefore by the City of Willow Springs, Missouri.
3. Nothing contained herein shall restrict the City from cooperation,
assistance, and sharing with other Municipalities, Counties, States,
school districts, fire districts, or utilities.