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 Policy Number:  22

Title:  General Policy Concerning Diocesan Property

Date Approved by Diocesan Council:  July 16, 1999

1. MAINTENANCE

It shall be the policy of the Diocesan Council that each congregation or other entity using property owned by the Diocese (incorporated as the Chapter of Calvary Cathedral) have the primary responsibility for the maintenance and repair of the buildings and grounds which they are utilizing. This shall include mowing of grounds and cemeteries, routine maintenance and upkeep of buildings ‑ painting, repairing of broken glass and windows, upkeep of signs, etc. While the Diocesan Council may be willing to assist in such maintenance by sharing in the cost of materials or more, in case of a natural or other disaster, it is the desire of the Council to keep such expenses to a minimum, and thus the congregation or other entity is expected to keep the property fully insured.

2 INSPECTION

a.  From time to time the Property Committee of the Diocesan Council (Committee), or its designated agent(s), may inspect any or all property owned by the Diocese. The Committee shall report the findings of any and all such inspections to the Diocesan Council at its next meeting subsequent to said inspection(s). The Committee report shall include:

(1.) A detailed and, if possible, illustrated, account of any deficiencies in the maintenance and repair of the structures and grounds inspected. Such account shall also include suggestions for remedying the deficiencies and an estimate of the cost and human resources necessary to remedy the deficiencies.

(2.) A statement of the insurance currently in force on the property.

(3.) A statement of the current support of the Diocesan program by the congregation or other entity using the property.

(4.) A copy of the service record book shall be made available for inspection.

b.  The Committee may recommend action to the Diocesan Council. A copy of the committee's report, together with any action requested by the Diocesan Council shall be delivered to the priest-in-charge, the wardens and members of the Bishop's Committee of any congregation involved or to the officers of any other local entity at its last known address.

3. ACTIONS

a.  The Council may bring the above noted deficiencies to the attention of the congregation or other entity using the property and request that such deficiencies be remedied. The Council may also state what assistance, if any, it is willing to offer the local entity to effect the remedy, and it may request that entity to report to the Council by a date certain what actions have been taken to remedy the deficiencies.

b.  If the congregation or other entity should believe that the actions requested by the Council are beyond its capability, it shall so notify the Council by the date certain noted above. In such a case, the Property Committee or its agent(s) shall meet with representatives of the local entity and attempt to negotiate an agreement acceptable to both parties, which agreement shall be subject to ratification by the Diocesan Council at its next meeting.

c.  If an agreement is reached, the Council may set a date certain by which the agreement will be fulfilled.

d.  In the event the local entity does not respond initially, or that no agreement can be reached, and/or that no action is taken to remedy the deficiencies, the Council may:

(1.) Notify the local entity that it expects action will be taken to remedy the deficiency and a report made to the Council by the next Council meeting. If no action is taken by that time the Council may move to one of the following, or, if the Council considers the situation to be egregious, it may immediately:

(2.) With the consent of the Bishop, if the property is being     used as a place of worship, give notice that the property will be closed to the local entity on a date certain, not less than 30 days from the date of the notice.

(3.) Subsequent to the vacation of the property, if a building has been consecrated as a place of worship, the Council may, with the consent of the Bishop, direct that the building be deconsecrated.

(4.) After the deconsecration of any buildings, the Council, acting as the Board of Directors of the Chapter of Calvary Cathedral, may sell, lease, rent, loan or otherwise dispose of said property as it deems to be in the best interest of the Diocese of South Dakota and the Chapter of Calvary Cathedral.