Ordinance Example

1
ORDINANCE NO. ___
AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF
WICKENBURG, ARIZONA, AMENDING THE CODE OF THE
TOWN OF WICKENBURG, ARIZONA, CHAPTER 4 –
ADMINISTRATION, ARTICLE 4-4 PURCHASING, BY ADDING A
NEW SECTION 4-4-26 DISBURSEMENT OF FUNDS TO NON-
PROFIT ORGANIZATIONS RELATED TO ESTABLISHING
PROCEDURES FOR REVIEWING FUNDING REQUESTS FROM
NON-PROFIT ORGANIZATIONS; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR PENALTIES.
WHEREAS, the Common Council of the Town of Wickenburg desires to support
programs and services that promote the health, safety, and welfare of Town residents through
partnerships with non-profit organizations; and
WHEREAS, the Arizona Constitution prohibits the use of public funds as gifts or
subsidies to private entities, and requires that any disbursement of public funds results in a direct
public benefit and return of value to the Town in compliance with the Arizona Gift Clause; and
WHEREAS, the Common Council of the Town of Wickenburg finds it necessary to
establish clear procedures for evaluating and approving funding requests from non-profit
organizations;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Common Council of the
Town of Wickenburg, Arizona, as follows:
Section 1.
In General.
The Code of Wickenburg, Chapter 4 Administration, Article 4-4 Purchasing, is amended
by adding a new Section 4-4-26 Disbursement of Funds to Non-Profit Organizations to read as
follows (deleted text appears in strikeout; new text in ALL CAPS):
SECTION 4-4-26 DISBURSEMENT OF FUNDS TO NON-PROFIT
ORGANIZATIONS
A.
PUBLIC FUNDS MAY BE DISBURSED TO NON-PROFIT
ORGANIZATIONS ONLY WHEN THE DISBURSEMENT SERVES A
VALID PUBLIC PURPOSE AND PROVIDES A RETURN OF VALUE IN
COMPLIANCE WITH ARTICLE IX, SECTION 7 OF THE ARIZONA
CONSTITUTION (THE “GIFT CLAUSE”) AND ARIZONA LAW. NO
DONATIONS, GIFTS OR GRANTS, WHETHER BY SUBSIDY OR
OTHERWISE, ARE PERMITTED.

Ordinance No. ____
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B.
NON-PROFIT ORGANIZATIONS SEEKING DISBURSEMENTS OF
PUBLIC FUNDS SHALL PROVIDE A WRITTEN REQUEST TO THE
TOWN DETAILING (1) THE AMOUNT OF FUNDS REQUESTED, (2) THE
INTENDED USE OF THE FUNDS, (3) THE PUBLIC PURPOSE SERVED,
AND (4) THE NATURE AND AMOUNT OF THE BENEFIT TO THE TOWN
INCLUDING ANY DIRECT BENEFITS TO RESIDENTS OR OTHER
CONSIDERATION RECEIVED IN EXCHANGE OF FUNDING.
C.
TOWN STAFF SHALL REVIEW ANY REQUESTS FOR FUNDING IN
COMPLIANCE WITH THIS SECTION AND SCHEDULE THE REQUEST
FOR COUNCIL CONSIDERATION AT A DULY NOTICED PUBLIC
MEETING OF THE COUNCIL.
D.
IF FUNDING IS APPROVED BY COUNCIL, THE NON-PROFIT
ORGANIZATION SHALL BE REQUIRED TO ENTER INTO A WRITTEN
AGREEMENT PRIOR TO DISBURSEMENT THAT REQUIRES:
1. USE OF FUNDS SOLELY FOR THE APPROVED PUBLIC PURPOSE;
2. SUBMISSION OF QUARTERLY REPORTS BY THE NON-PROFIT
ORGANIZATION, AT A MINIMUM, CONFIRMING THE USE OF
FUNDS FOR THE APPROVED PUBLIC PURPOSE;
3. AUDIT RIGHTS AT THE TOWN’S REQUEST; AND
4. THAT A FAILURE OF THE RECIPIENT NON-PROFIT
ORGANIZATION IS A BREACH OF THE AGREEMENT, AND IN THE
EVENT OF A BREACH OF THE AGREEMENT, UNSPENT FUNDS OR
FUNDS USED IN VIOLATION OF THE AGREEMENT SHALL BE
RETURNED TO THE TOWN, MINUS ANY AMOUNT EQUAL TO THE
CONSIDERATION ALREADY RECEIVED BY THE TOWN.
Section II.  Repeal of Conflicting Ordinance.
All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or
any part of the Code adopted herein by reference, are hereby repealed.
Section III.  Providing for Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or any part
of the Code adopted herein by reference is, for any reason, held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions thereof.

Ordinance No. ____
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Section IV.
Providing for Penalties.
Any person found guilty of violating any provision of this Ordinance shall be guilty of a
Class One Misdemeanor pursuant to Section 1-8 of the Wickenburg Town Code and upon
conviction thereof shall be punished by a fine not to exceed Two Thousand Five Hundred
Dollars ($2,500) or by imprisonment for a period not to exceed six (6) months, or both such fine
and imprisonment.  Each day that a violation continues shall be a separate offense punishable as
hereinabove described.
PASSED AND ADOPTED by the Common Council of the Town of Wickenburg,
Arizona, this _____ day of _______, _______, by the following vote:
___________________________________
BG Bratcher, Mayor
ATTEST:
_____________________________________
Amy Brown, Town Clerk
APPROVED AS TO FORM:
_____________________________________
Trish Stuhan, Town Attorney
Number of Councilmembers Present: 
Number of Votes For:
Number of Votes Against:
Number of Abstentions:
I, Amy Brown, Town Clerk, HEREBY CERTIFY that a true and correct copy of the Ordinance
No. ______ was duly passed and adopted by the Common Council of the Town of Wickenburg,
Arizona, on the this _____ day of _______, _______, and that a quorum was present at the meeting.
___________________________________
Amy Brown, MMC
Town Clerk