§ 38.13 APPROPRIATIONS TO CHARITABLE ORGANIZATIONS.
   (A)   This section is adopted to regulate the manner and method by which the City Commission makes appropriations to charitable organizations providing services and activities which are determined to be beneficial to the general welfare of the citizens of the city and to their economic, social, medical, cultural or educational improvement and advancement.
   (B)   For purposes of this section, CHARITABLE ORGANIZATION means an organization described in Section 501(c)(3) of the Internal Revenue Code and exempt from tax under Section 501(a) of said Code.
   (C)   For an annual appropriation in the city's budget ordinance, a requesting charitable organization shall submit its request to the City Manager in a manner and form specified and prescribed by the Director of the Department of Financial Services.
   (D)   The City Manager shall review each appropriation request to determine:
      (1)   Whether it is for a municipal purpose.
      (2)   Whether the requesting organization can perform or provide the services or activities for which the appropriation is requested.
      (3)   Whether and to what extent the services and activities to be performed or provided duplicate similar services and activities performed or provided by the city or other requesting organizations.
      (4)   Whether and to what extent the financial condition of the city can justify the appropriation.
   (E)   The City Manager shall make a recommendation to the City Commission at the conclusion of the review required by division (D).
   (F)   The City Commission shall review the proposed appropriation request and may require any other information that it deems pertinent and make such adjustments as it deems proper. If the appropriation is approved, with or without adjustments, the City Commission shall impose such terms and conditions on the expenditure of the appropriated funds as it deems necessary for the advancement of the objectives and purposes of the appropriation and the protection of city funds from improper or unlawful uses.
   (G)   In all cases, any appropriation to a charitable organization shall be released and disbursed only subsequent to the execution by the recipient of a written agreement with the city.
   (H)   The city reserves the right to audit the expenditures of city funds by a recipient under this section and to disallow any such expenditure that is not consistent with the grant application. Each recipient shall be liable to the city for the full amount of a disallowed expenditure.
   (I)   The city retains the right to take any legal or equitable action necessary to enforce the provisions of this section.
   (J)   Nothing in this section shall be construed to prevent the city from contracting with any charitable organization for services to be rendered by such organization.
(Ord. O-94-41, passed 9-21-94; Am. Ord. O-95-67, passed 11-1-95)