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Nogales council approves public-safety support for half marathon after legal review of in-kind services
Summary
Council approved waivers and in-kind public-safety and public-works services for a half marathon and health fair April 25, 2026, after discussing a city attorney memo on the Arizona gift clause and reviewing estimated police overtime costs (~$6,259–$6,716).
The Nogales City Council on April 3 approved in-kind services and fee waivers for a half marathon and health fair planned for April 25, 2026, after receiving a legal memo on the limits of such support and discussing estimated public-safety costs.
Chief Himenez told the council an operational assessment recommended about 13 police officers to provide safety for participants, volunteers and traffic control during the event; those officers would be paid on overtime. Staff said public works will provide barricades and other materials, and clarified that the race course typically closes one lane of Morley Avenue the morning of the event rather than full overnight street closures.
Council and staff reviewed approximate cost figures provided in the meeting. Event organizers requested $5,000 in support; staff estimated the cost for police overtime at roughly $6,259 (variable by officer pay scale) and an approximate total impact of $6,716 when combined with other costs. Staff warned these were estimates because final officer assignments and vehicle fees had not been determined.
Vice Mayor referenced an eight-page memo from the city attorney about the Arizona gift clause. The memo said that while the city’s practice of providing in-kind services for private events often promotes public interests and can satisfy the public-purpose test — especially when events are free to the public and bring economic activity to Nogales — it raises concerns under the clause’s requirement for adequate consideration. Council members said they believed the event met the public-purpose criteria in this case because most of the event is open to the public and brings visitors to the city.
Council approved the staff recommendation by voice vote and directed the attorney and staff to consider drafting an amendment to the city's in-kind services policy to address the legal questions raised by the memo. The clerk will complete necessary follow-up steps to document the waivers and confirm final staffing and cost figures.
The approvals allow organizers to proceed with the event under the condition staff finalize staffing and report any projected overtime costs that would require further council action.
