Ordinance 1243

ORDINANCE NO. 1243

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; AND
PROVIDING FOR SEVERABILITY

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. 1243

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.

Cc. 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 Il. 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 Ill. 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. 1243

PASSED AND ADOPTED by the Common Council of the Town of Wickenburg,
Arizona, this 4'" day of August 2025.

Aa?
BG Bratcher, Mayor

ATTEST:

(, Ave.

Amy Brown, Town Clerk =

APPROVED AS TO FORM:
ES:

Trish Stuhan, TowrrAttorney

Pierce Coleman PLLC

Number of Councilmembers Present:__&
Number of Votes For:
Number of Votes Against:__0

Number of Abstentions: Q

1, Amy Brown, Town Clerk, HEREBY CERTIFY that a true and correct copy of
Ordinance No. 1243 was duly passed and adopted by the Common Council of the Town
of Wickenburg, Arizona, on this 4° day of August 2025, and that a quorum was present

at the meeting. i}

1 Amy Brown, MMC
Town Clerk