PART I CHARTER*
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Editor's note: Printed herein is the Charter of the City, as adopted in 1913, as amended. Amendments are indicated by parenthetical history notes following amended provisions. Amendments passed on or before July 9, 1954, are not listed in the history notes. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings and catchlines has been used. Additions made for clarity are indicated by brackets.
The editor's note to the Charter as printed in the 1969 Code provided as follows: The catchlines appearing in boldface type at the beginning of each section of the Charter were supplied by the editors of the volume and are therefore not official. The word "commission" has been changed to "Council" throughout the Charter and amendments thereto, since the official name of the governing body of the City is now "City Council."
State law references: Authority of City to frame its own charter, Az. Const. art. 13, § 2, A.R.S. §§ 9-281– 9-283.
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Chapter I. Name and Boundaries
Sec. 1. Name; source of authority.
Sec. 2. Boundaries.
Chapter II. General Powers, Rights and Liabilities
Sec. 1. Rights and liabilities to continue; powers as a municipal corporation.
Sec. 2. Rights and powers generally.
Sec. 3. Powers to be cumulative and selective.
Sec. 4. Legislative power of voters.
Chapter III. Government
Sec. 1. Powers of City to be exercised by City Council; Mayor and Councilmen to be elected; City Manager to execute and administer laws; qualifications of Councilmen.
Sec. 2. The City Manager.
Sec. 3. Creation, etc., of offices, etc.; department heads generally; divisions of departments; appointment of members of agencies, etc.
Sec. 4. Council and Councilmen to deal with City officers and employees through the City Manager.
Sec. 5. Absence of Mayor; vacancy in office of Mayor; vacancy of the Member of Council; special terms; removal of Council Member.
Sec. 6. Mayor and Members of Council to continue until successors qualify; dates of elections; terms of Mayor and Council Members; limitation of terms.
Sec. 7. Salary of Mayor stipulated; contingent fund.
Sec. 8. [Reserved.]
Sec. 9. Salaries generally.
Sec. 10. Interpretation of words "Commissioner" and "Council."
Sec. 11. [Reserved.]
Sec. 12. Mayor and Council salary and benefits; Citizens' Commission on salaries for elected City Officials.
Chapter IV. The Council
Sec. 1. Legislative powers.
Sec. 2. Powers enumerated.
Sec. 3. Mayor to preside; election of vice-chairman.
Sec. 4. Time and place of regular meetings; manner of calling special meetings.
Sec. 5. Meetings to be public.
Sec. 6. Quorum.
Sec. 7. Rules for proceedings.
Sec. 8. Council to act by resolution, ordinance, franchise or formal recorded action.
Sec. 9. Ayes and nays to be recorded.
Sec. 10. When majority vote required.
Sec. 11. Enacting style.
Sec. 12. When actions to be taken by ordinance.
Sec. 13. Motions to reconsider.
Sec. 14. Adoption and transcription of ordinances, resolutions and franchises; effective date; emergency measures; publication.
Sec. 15. How ordinances to be revised, re-enacted and amended.
Sec. 16. How ordinances to be repealed or suspended.
Sec. 17. Ordinances and resolutions to be filed, recorded and certified; ordinances and resolutions as evidence.
Sec. 18. Publication of ordinances and resolutions in book form.
Sec. 19. Minimum times Council to meet; determination of meeting day; calling of first meeting.
Sec. 20. How special meetings called.
Sec. 21. Minute books open to public.
Sec. 22. How petitions to be presented and acted upon.
Sec. 23. When Member excused from voting; failure to vote.
Sec. 24. Manner of exercising, etc., powers, duties, etc., to be prescribed by ordinance.
Chapter V. The Mayor
Sec. 1. To be chief official of City; duty to enforce ordinances.
Sec. 2. Annual and periodic reports to Council.
Sec. 3. Legal recognition as official head of City.
Sec. 4. Authority during emergency.
Sec. 5. Right to appoint personal secretary.
Chapter VI. [Reserved]
Chapter VII. The City Auditor
Sec. 1. Powers and duties generally.
Sec. 2. Regular reports to the Council; special reports.
Sec. 3. Additional duties.
Sec. 4. Assistants to Auditor.
Sec. 5. Annual audit.
Chapter VIII. City Court
Sec. 1. City Court as separate and independent branch of City government; when to be open; transactions permitted on non-juridical days.
Sec. 2. Jurisdiction.
Sec. 3. Appointment, term and removal of judges of the City Court; jurisdiction of City Manager over financial, personnel and administrative functions of the court.
Sec. 4. Appointment of Chief Presiding Judge of the City Court.
Sec. 5. Appointment of judges pro tempore.
Sec. 6. Qualifications of judges of the City Court.
Sec. 7. Duty of Council to provide for court; disposition of fines, penalties and fees collected.
Sec. 8. Power of judge of the City Court to issue writs and processes and to hear cases; nature of writs and processes; records to be kept; duty of police to execute, serve and make proper return of writs and processes.
Sec. 9. Hearing officers.
Chapter IX. Bonds and Oaths of Office
Sec. 1. When bond required.
Sec. 2. Those required to be bonded and amount of each bond.
Sec. 3. Provision for bonding other officers and their deputies.
Sec. 4. Conditions of bonds.
Sec. 5. Surety required.
Sec. 6. Where bonds to be filed; approval to be attested by Mayor.
Sec. 7. Oath.
Chapter X. [Reserved]
Chapter XI. Conflict of Interest; Discrimination
Sec. 1. Provisions of State law to apply.
Sec. 2. Discrimination.
Chapter XII. Nomination and Election of Officers
Sec. 1. Mode of nomination of elective officers.
Sec. 2. Number of signatures required on petition; time when petition to be filed; duty of City Clerk to endorse petitions.
Sec. 3. Filing of nominating petition; acceptance by candidate nominated; determination by City Clerk of sufficiency; supplemental petitions; procedure to be followed when petitions found sufficient; procedure to be followed when petition found insufficient.
Sec. 4. Withdrawal of names from nomination.
Sec. 5. Petitions not to be withdrawn or changed after filing.
Sec. 6. City Clerk to preserve petitions.
Sec. 7. List of candidates.
Sec. 8. Form of ballots.
Sec. 9. General requirements for ballots; arrangement of names not to reveal source of candidacy or support of candidates.
Sec. 10. Placing names of candidates on ballots.
Sec. 11. Provisions for write-in votes.
Sec. 12. Sample ballots.
Sec. 13. Recordation of canvass and result; preparation of ballots for runoff election.
Sec. 14. [Reserved.]
Sec. 15. Majority vote to elect.
Sec. 16. Runoff election.
Sec. 17. [Reserved.]
Sec. 18. Gender of words.
Chapter XIII. General Provisions Governing Elections
Sec. 1. Conduct of elections.
Sec. 2. Council to be responsible for holding elections.
Sec. 3. Number of polling places; hours polling places to be kept open.
Sec. 4. Qualifications of electors.
Sec. 5. State law to control violations and campaign contributions and expenditures.
Sec. 6. Elections may be held at same time as other elections.
Sec. 7. Voting systems.
Sec. 8. Limitation on number of special elections.
Sec. 9. Special elections to be conducted in same manner as general election.
Sec. 10. Citywide, general elections.
Chapter XIV. Special Elections
Sec. 1. To be conducted in same manner as general elections.
Chapter XV. The Initiative
Sec. 1. Power of electors.
Sec. 2. Adoption of State law.
Sec. 3. Additional provisions.
Chapter XVI. The Referendum
Sec. 1. Power of electors.
Sec. 2. Adoption of State law.
Sec. 3. Additional provisions.
Chapter XVII. The Recall
Sec. 1. Power of electors.
Sec. 2. Adoption of State law.
Sec. 3. Additional provisions.
Chapter XVIII. Finance and Taxation
Sec. 1. Fiscal year.
Sec. 2. Council to provide for tax system; use of County tax services.
Sec. 3. City Manager to prepare annual estimate.
Sec. 4. Submission of estimates to Council; scope of Manager's estimate.
Sec. 5. Council to prepare budget; scope of budget.
Sec. 6. Preparation of estimates; budget; Council action.
Sec. 7. Annual tax levy.
Sec. 8. Limitation on tax levy.
Sec. 9. Taxes to be uniform and for public purposes only; property to be assessed at full cash value; full cash value defined.
Sec. 10. Tax exempt property; widow's exemption; provisions for making certain other classes of property exempt; limitation on tax ordinances.
Sec. 11. Additional taxes for special purposes.
Sec. 12. Cash basis fund set up; transfer of sums from cash basis fund to other funds; transfer of sums from any funds to interest funds.
Sec. 13. Tax liens.
Sec. 14. Claims or demands against the City.
Sec. 15. Warrants to be drawn upon treasury only if money available in appropriate fund; claims for running expenses and purchases not to exceed amount appropriated for running expenses.
Sec. 16. Disposition of City funds collected or received.
Sec. 17. Depositories for City moneys; investments.
Sec. 18. Capital improvement program.
Sec. 19. Exemption of certain goods from taxation.
Chapter XIX. Contracts
Sec. 1. Preparation.
Sec. 2. Progressive payments; limitations on payments to be made prior to completion of work.
Sec. 3. Bids.
Sec. 4. Contracts for official advertising.
Sec. 5. [Reserved.]
Sec. 6. Paydays.
Sec. 7. Fraud and collusion.
Sec. 8. Avoidance of contracts made through fraud and collusion.
Sec. 9. [Reserved.]
Chapter XX. Franchise and Public Utilities
Sec. 1. Vote of people required.
Sec. 2. Franchise to be specific.
Sec. 3. Regulation of rates, fares, service, etc.
Sec. 4. Ordinances granting rights, privileges, etc., to be unambiguous.
Sec. 5. Stock issues in connection with franchises.
Sec. 6. Additional taxes on property of public utilities.
Sec. 7. Policemen, firemen and mailmen to ride streetcars, etc., free.
Sec. 8. Authority of Council to order railroad companies to raise or lower their tracks.
Sec. 9. Right of City to secure the public welfare, etc.
Sec. 10. Exclusive franchises prohibited; renewal of franchises.
Sec. 11. Leasing, etc., of franchises.
Sec. 12. Extension of franchises; side track and switch privileges.
Sec. 13. Common use of tracks, poles, etc.
Sec. 14. Annual reports required of franchise holders; inspection of books and property by City Manager.
Sec. 15. Franchise record to be kept; contents; applicability of section.
Sec. 16. Account books.
Sec. 17. Time limit of franchises; compensation to City.
Sec. 18. Purchase of public utilities by City; conditions of grants; right of City to operate or sell plants and property acquired.
Sec. 19. Additional conditions of grants.
Sec. 20. Temporary permits and licenses for use of streets, alleys, etc.
Chapter XXI. Miscellaneous Provisions
Sec. 1. Effective date of Charter.
Sec. 2. Conduct of first election.
Sec. 3. Assumption of office by original officers.
Sec. 4. Mayor and Councilmen to remain until successors qualify; termination of the terms of other officers and employees; compensation of other officers and employees.
Sec. 5. Ordinances, etc., to remain in force.
Sec. 6. Duties of City Attorney; authority of Council to employ additional attorneys.
Sec. 7. Prosecution of violations of Charter and ordinances; imprisonment of violators.
Sec. 8. Enlargement of City.
Sec. 9. Plenary and implied powers of the Council.
Sec. 10. Pending prosecutions to be carried to judgement.
Chapter XXII. Amendments
Sec. 1. Authority.
Sec. 2. Limitations.
Sec. 3. Ballot form; vote by descriptive title and condensed statement.
Chapter XXIII. Parks and Recreation Board
Sec. 1. Creation; composition.
Sec. 2. Powers and duties.
Chapter XXIV. Phoenix City Employees' Retirement Law of 1953
Article I. Repeal of Phoenix City Employees' Retirement System Law of 1945
Sec. 1. System repealed; conditions.
Sec. 2. Effective date.
Article II. City of Phoenix Employees' Retirement Plan
Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Retirement plan continued.
Sec. 4. Retirement Board.
Sec. 5. Retirement plan officers.
Sec. 6. Surety bonds.
Sec. 7. Records.
Sec. 8. Board meetings.
Sec. 9. Annual report.
Sec. 10. Adoption of experience tables and regular interest.
Sec. 11. Annual valuations.
Sec. 12. Membership.
Sec. 13. Membership terminates.
Sec. 14. Credited service.
Sec. 15. Military service credit.
Sec. 16. Crediting service.
Sec. 17. Voluntary retirement.
Sec. 18. Reserved.
Sec. 19. Pension.
Sec. 20. Deferred pension.
Sec. 21. Disability retirement.
Sec. 22. Form and duration of disability benefit payments.
Sec. 23. Determination of disability.
Sec. 24. Pension options.
Sec. 25. Survivor pensions.
Sec. 26. Return of accumulated contributions.
Sec. 27. Employees' savings fund.
Sec. 28. Pension accumulation fund.
Sec. 29. Pension reserve fund.
Sec. 30. Mortality reserve fund.
Sec. 31. Income fund.
Sec. 32. Allowance of regular interest.
Sec. 33. Expense fund.
Sec. 34. Fiscal management.
Sec. 35. False statements.
Sec. 36. Errors.
Sec. 37. Exemption from taxation and execution.
Sec. 38. Applicability of amendments.
Sec. 39. Pension guarantee.
Sec. 40. Adjustment of pensions.
Sec. 41. Post-retirement distribution benefit for City employees.
Sec. 42. Post-retirement pension benefits equalization program.
Article III. Transfer of Assets and Liabilities
[Sec. 1.] Transfer of assets.
Sec. 2. Transfer of liabilities.
Sec. 3. Transfer or records, equipment and other property.
Sec. 4. Securities.
Sec. 5. Effective date.
Article IV. Retroactive Employer Social Security Taxes
Sec. 1. Payment authorized.
Sec. 2. Effective date.
Chapter XXV. Personnel System
Sec. 1. Purpose and policy.
Sec. 2. Civil Service Board.
Sec. 3. Powers and duties of the Board.
Sec. 4. Legal representation.
Sec. 5. City service.
Sec. 6. Personnel Official.
Sec. 7. Action Required by Council.
Sec. 8. Proposal and promulgation of personnel rules.
Sec. 9. Equal employment opportunity.
Sec. 10. Employees to retain positions.
Sec. 11. Political activity.
Sec. 12. Penalty.
Sec. 13. Repeal.
Sec. 14. Strikes and binding arbitration prohibited.
Chapter XXVI. City of Phoenix Mountain Preserves
Sec. 1. Mountain Preserves– Defined.
Sec. 2. Disposition of Mountain Preserve property.
Sec. 3. Use of Mountain Preserve property.
Sec. 4. Trading of City Mountain Preserve property.
Sec. 5. An initiative measure to prevent sale, trade, alienation, redesignation, lease or other deletion or removal of any City Mountain Preserve land without approval of a majority of electors voting thereon.
Chapter XXVII. Voter Approval for Certain Public Expenditures; Limitation on Emergency Clause
PREAMBLE
We, the people of the City of Phoenix, a City incorporated under the name and style of "The Common Council of the City of Phoenix," now having a population of more than three thousand five hundred (3500), acting in this behalf under the Constitution and laws of the State of Arizona, have framed, adopted and ordained, and do hereby frame, adopt and ordain, the following as the Charter of said City, which shall supersede, as provided in the Constitution of the State, the Charter of the said "The Common Council of the City of Phoenix," and all laws amendatory thereof and supplementary thereto.
CHAPTER I.
NAME AND BOUNDARIESSec. 1. Name; source of authority.
The municipal corporation now existing and known as "The Common Council of the City of Phoenix" shall remain and continue to be a body politic and corporate under the name of "City of Phoenix," and shall have all the powers necessary, proper or convenient for the government and regulation of its inhabitants and its local affairs, the exercise of which are not forbidden by the Constitution of the United States or the Constitution or laws of the State of Arizona, including those hereinafter enumerated in subsequent chapters of this Charter, as well as those enumerated in Section 3 of Chapter 11 of the acts of the first special session of the First Legislature of Arizona, entitled "An Act to enable all cities, now or hereafter containing a population of more than three thousand five hundred, to frame and adopt Charters for their own government, and to extend and define their own powers," approved June 8, 1912.
Sec. 2. Boundaries.
Editor's note: The City's boundaries are not carried in this Charter. A legal copy of the boundaries is on file in the office of the City Clerk.
In Amish v. City of Phoenix et al., 36 Ariz., 282 p. 42, the Court held that a change in the boundaries of the City, made in accordance with the provisions of Section 8 of Chapter XXI, is not a Charter amendment and is, therefore, valid.
State law references: Annexation, A.R.S. § 9-471 et seq.
CHAPTER II.
GENERAL POWERS, RIGHTS AND LIABILITIESSec. 1. Rights and liabilities to continue; powers as a municipal corporation.
The said corporation, the City of Phoenix:
(a) Shall own, possess, control, exercise and enjoy all of the books, records, documents, and all of the property, real, personal and mixed, and all of the rights, privileges and franchises, powers and immunities now belonging to, possessed or exercised by the municipal corporation known as "The Common Council of the City of Phoenix."
(b) It shall be subject to and liable for all the legal debts, liabilities, judgements, bonds, and all other legal obligations for which the said corporation, "The Common Council of the City of Phoenix," is now or may hereafter become legally bound.
(c) It may sue and be sued, plead and be impleaded, in all courts of law or equity, in all actions and proceedings whatsoever; adopt a seal and may alter the same; contract and be contracted with; lease, trade, exchange or acquire and hold real, personal or mixed property for the purpose for which it was incorporated, and do all acts which might be done by a private person, and all such acts and things necessary or proper for a municipal corporation to do to carry out the purpose for which it is incorporated.
(Election of 11-9-1971)
Sec. 2. Rights and powers generally.
Without denial or disparagement of other powers held under the constitution and laws of the State of Arizona, and by virtue of its being continued in the rights, powers and property of "The Common Council of the City of Phoenix," the City of Phoenix shall have the further rights and powers, to wit:
(a) To acquire by purchase, condemnation or otherwise, and to establish, maintain, equip, own and operate libraries, reading rooms, art galleries, museums, parks, playgrounds and places of recreation, fountains, public baths, public toilets, public markets, market houses, abattoirs, dispensaries, infirmaries, hospitals, charitable institutions, jails, houses of correction, work houses, detention homes, morgues, cemeteries, garbage collection and garbage disposal and reduction works, sewers, street cleaning and sprinkling plants, quarries, waterways, canals and all other public buildings, places, works and institutions.
(b) To acquire by purchase, condemnation or otherwise, and to establish, equip, own and operate, waterworks, gas works, sewage systems, electric light plants, refrigeration, heat and power plants within and without the City of Phoenix, and to supply the City and its inhabitants and also persons, firms and corporations, outside of said City, with water, gas and electricity.
(c) To acquire by purchase, condemnation or otherwise, and to establish, maintain, equip, own and operate, telephone and telegraph systems, cable, electric or other railways and transportation service of any kind.
(d) To sell gas, water, electric currents and all products of any public utility operated by the City.
(e) To acquire by purchase, condemnation or otherwise, within or without the City, such land and other property as may be necessary for the establishment, maintenance and operation of any public utility or to provide for and effectuate any other public purpose; and to sell, convey and dispose of the same for the common benefit.
(f) To receive bequests, donations and gifts of all kinds of property, in fee simple, or in trust for charitable and other purposes, and to do all acts necessary to carry out the purposes of such bequests, gifts and donations, with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the bequest, gift or donation of trust, or absolutely in case such bequest, gift or trust be unconditional.
(g) To borrow money for any of the purposes for which the City is authorized to provide for the carrying out any of the powers which the City is authorized to enjoy and exercise, and to issue bonds therefor, provided, that in the procedure for the creation and issuance of such bonded indebtedness the general laws of the State of Arizona in force at the time such proceedings are taken shall be observed and followed.
(h) To raise money by a special tax, in addition to the annual tax levy provided for in this Charter, to authorize such special tax the provisions of this Charter relative to the initiative and referendum shall be followed, and the levy of such tax must be approved by at least two-thirds of the property taxpayers, who shall be qualified electors of the State and the City.
(i) To join with the United States, State of Arizona, any political subdivision, board, commission, agency or combination of them in order to acquire and develop, jointly or severally, water, electricity, gas, nuclear energy, sewer, transportation and other systems for municipal and domestic purposes, and construct the works necessary for their joint and several purposes and needs, and to unite with such entities in bond issues therefor. To exercise any of its powers or perform any of its functions and may participate in the financing thereof jointly, or in cooperation by contract or otherwise, with any one or more states, political subdivisions thereof, school districts, Indian tribal Councils, or any board, commission or agency of any of them, or with the United States or any department or agency thereof.
(j) To engage in industrial pursuits and to do whatever may be necessary or proper therein.
(k) To establish, maintain and operate municipal slaughter houses within or without the City limits, and to acquire the necessary lands and rights therefor by condemnation or otherwise.
(l) To install, maintain and operate all necessary works, plants, institutions, departments, offices and systems, proper or convenient, or which may be conducive to the welfare, safety, good health, convenience or improvement of the City of Phoenix and the inhabitants thereof.
(m) To have and exercise all powers conferred upon municipal corporations by the act of the first special session of the legislature of Arizona (Chapter LXVII) entitled, "an Act to authorize municipal corporations of the State of Arizona to sell and dispose of their real and personal property and prescribe the method thereof," approved June 21, 1912.
(Election of 11-9-1971)
State law references: General municipal powers, A.R.S. §§ 9-499.01, 9-240, 9-276.
Sec. 3. Powers to be cumulative and selective.
Whenever any power is conferred by this Charter, and whatever methods of procedure are provided for the exercise thereof, or if the power be conferred in different terms of two or more provisions thereof, such different expressions of either method or power shall not the one affect or modify the other but they shall also be deemed effective and be accumulative and selective.
Sec. 4. Legislative power of voters.
The qualified voters of said City shall have the power through the initiative and otherwise, as provided by this Charter, the constitution and laws of the State, to enact appropriate legislation to carry out and enforce any of the above general powers of the City or any of the specified powers of the Council of said City.
State law references: Initiative, referendum and recall, A.R.S. § 19-101 et seq.
CHAPTER III.
GOVERNMENTSec. 1. Powers of City to be exercised by City Council; Mayor and Councilmen to be elected; City Manager to execute and administer laws; qualifications of Councilmen.
The municipal government provided for by this Chapter shall be known as the "Council-Manager" government. All powers of the City shall be vested in the Council to consist of the Mayor and eight (8) other members to be elected by the qualified electors of the City of Phoenix as follows:
(A) The Mayor shall be elected from the City at large, pursuant to the election procedure (primary and general elections) specified in ordinances which are adopted according to law.
(B) The eight other Council Members shall be elected from eight geographic districts within the City of Phoenix. Each district shall be substantially equal in population. Electors in each district shall vote only for the Council candidates nominated from the district in which the electors reside.
(C) Each candidate for one of the eight Council seats shall at the time of his nomination and during his tenure maintain his permanent residence within the district from which he is nominated.
(D) No candidate for the eight Council seats may run for more than one district in any regular election.
(E) The Members of the Council shall be qualified electors of the City of Phoenix and shall hold no other public office for which they shall receive compensation except that of a notary public, a member of the school board or member of the National Guard or Naval or Military Reserve; if a Councilman shall cease to possess any of these qualifications or violate any provisions of this Chapter or shall be convicted of a crime involving moral turpitude his office shall immediately become vacant.
The Council shall enact local legislation, adopt budgets, determine policies, and appoint the City Manager, who shall execute the laws and administer the government of the City. All powers of the City shall be exercised in the manner prescribed by the Charter, or if the manner has not been prescribed, then in such manner as may be prescribed by ordinance.
(Election of 12-1-1982; election of 11-1-1983)
Sec. 2. The City Manager.
A. The City Manager shall be the chief administrative officer of the City. He shall be responsible to the Council for the proper administration of all affairs of the City; the City Manager shall be chosen by the Council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as set forth in this Charter;
The Manager need not when appointed be a resident of the City or State, except as may be otherwise provided by law, but must be a citizen of the United States. He shall, upon his appointment, become a resident of the City;
No Member of the Council shall, during the time for which he was elected or for one (1) year thereafter be eligible to hold the position of City Manager.
The Council shall appoint the City Manager for an indefinite term and may remove him without cause by the affirmative vote of two thirds of its members: provided, that for incompetence, malfeasance, misfeasance, or neglect of duty the City Manager may be removed by the affirmative vote of a majority of its members. At least thirty (30) days before the passage of a resolution for such removal, the Council shall by a majority vote of its members adopt a preliminary resolution of intention, and, if the removal is for cause, said resolution shall state the reason for removal. In either case the City Manager may within ten (10) days reply in writing and may request a public hearing which shall be held not earlier than twenty (20) days nor later than thirty (30) days from the passage of the aforesaid preliminary resolution. After such public hearing, if one be requested, and after full consideration, but not earlier than thirty (30) days after the passage of the preliminary resolution, the Council may adopt a final resolution of removal. By the preliminary resolution the Council may suspend the Manager from duty. If the removal is for cause the Council shall cause to be paid him any salary due him to the date of the preliminary resolution and suspension. Otherwise, the Manager shall be paid forthwith upon his removal without cause his salary for the next three (3) calendar months following the adoption of the preliminary resolution of removal.
The action of the Council in suspending or removing the Manager shall be final and conclusive on everyone, it being the intention of this Charter to vest all authority and fix all responsibility for such suspension and removal in the Council.
The Manager shall receive a salary to be fixed by ordinance.
To perform his duties during the temporary absence or disability of both the Manager and Assistant Manager, the Manager shall designate by letter filed with the City Clerk, a qualified administrative officer of the City. In the event of failure of the Manager to make such designation, the Council may by resolution appoint an officer of the City to perform the duties of the Manager until the Manager or Assistant Manager is able to perform those duties. In the event of a vacancy in the office of the City Manager the Council shall fill the same within sixty days after the vacancy occurs. The City Manager shall have the right to appoint his personal secretary and the assistant City Manager, neither of whom shall be subject to the civil service of the City of Phoenix.
The position of Assistant City Manager is hereby elevated to the "Office of Assistant City Manager" and he shall be the Deputy Chief Administrative Officer of the City of Phoenix. While the City Manager is exercising the prerogatives of his office, the Assistant City Manager shall perform such functions and have such duties and responsibilities as the City Manager may designate. In the absence of the City Manager, or when the City Manager is unable to perform the prerogatives of his office, or when the office of City Manager is vacant, the Assistant City Manager shall ascend to all of the powers and duties of the City Manager as set forth in this Charter.
B. Powers and duties of the City Manager. The City Manager shall have the following powers and duties:
(1) He shall appoint and when he deems it necessary for the good of the service, suspend or remove all City employees and appointive administrative officers except as otherwise provided by law or this Charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency.
(2) He shall direct and supervise the administration of all departments, offices, and agencies of the City, except as otherwise provided by this Charter or by law.
(3) He shall attend all Council meetings, unless excused by the City Council, and if excused shall be represented by someone designated by him. He shall have the right to take part in discussion but may not vote.
(4) He shall, subject to the legislative and emergency powers of the Mayor and City Council, see that all ordinances, provisions of this Charter, and acts of the Council are faithfully executed, through enforcement by him or by officers subject to his direction and supervision.
(5) He shall prepare and submit the proposed annual budget and the capital improvement program to the City Council.
(6) He shall first submit to the Council and thereafter make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year.
(7) He shall make such other reports as the Council may require concerning the operations of the City departments, offices, and agencies which are subject to his direction and supervision.
(8) He shall keep the Council fully advised as to the financial condition and future needs of the City and make recommendations to the Council concerning the affairs of the City.
(9) He shall perform such other duties as are specified in this Charter or required by the Council.
(Election of 11-4-1975)
Sec. 3. Creation, etc., of offices, etc.; department heads generally; divisions of departments; appointment of members of agencies, etc.
Upon recommendation of the City Manager the Council by ordinance may create, change and abolish offices, departments or agencies, boards and commissions, except the Civil Service Board and the Phoenix City Employees' Retirement System and the Parks, Playgrounds and Recreational Board.
At the head of each department there shall be a director who shall be an officer of the City and shall have supervision and control of the department subject to the City Manager. Two or more departments may be headed by the same individual. The Manager may head one or more departments and directors of departments may also serve as chiefs of divisions. The work of each department may be distributed among such divisions thereof as may be established by ordinance upon the recommendation of the City Manager. Pending the passage of an ordinance or ordinances distributing the work of departments under the supervision and control of the Manager among specific division thereof, the Manager may establish temporary divisions. The appointment of all of the officers of the City shall devolve upon the City Manager. The Council shall appoint the members of all agencies, boards and commissions of the City created by the Charter or by ordinance.
Sec. 4. Council and Councilmen to deal with City officers and employees through the City Manager.
Neither the Council nor any of its Members shall direct or request the appointment of any person to, or his removal from, office by the City Manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry, the Council and its Members shall deal with the administrative service solely through the City Manager and neither the Council nor any Member thereof shall give orders to any subordinates of the City Manager, either publicly or privately.
Any Member of the Council violating the provisions of this section, or offering a resolution or ordinance in violation of this section, shall be removed from office as in this Charter elsewhere provided.
Sec. 5. Absence of Mayor; vacancy in office of Mayor; vacancy of the Member of Council; special terms; removal of Council Member.
A. During the absence or disability of the Mayor or when the office of Mayor is vacant, the Vice-Mayor shall act as Mayor pro tempore.
B. Vacancies in City of Phoenix elective offices shall be filled as follows:
(1) If a vacancy occurs 365 days or more prior to the end of the term, there shall be a special election held to fill the unexpired portion of the term subject to the following provisions:
a. There shall be a period of 10 days from the date the vacancy occurs during which any person desiring to run for the vacant office must declare as a candidate for the office and, in the case of a Council Member desiring to run for the office of Mayor, if necessary, resign the office of Council Member.
b. The Council shall within 10 days of the expiration of the period provided in subparagraph (a) of this paragraph or if any vacancies occur during this period, within 10 days of the expiration of the period provided in subparagraph (a) for the last vacancy, call a special election to fill the vacancy or vacancies to be held not less than 120 days from the date it is called.
c. Candidates for vacant positions shall be entitled to circulate nomination petitions for the office as soon as the vacancies occur.
d. The procedure for nomination and election shall be the same as for the regular Mayor and Council election to the extent possible.
e. The Council shall, not less than 12 days nor more than 15 days from the date any vacancy occurs under the provision of this paragraph, appoint, in the manner provided in paragraph (2)(b) through (h) of this subsection, a person to fill the vacant office for a term ending the first business day after the canvass of votes is completed following the election of a candidate to fill the unexpired term of the office, provided that if the office to be filled is that of Mayor, the Council Member selected to serve during the interim until a new Mayor is elected shall serve as Mayor Pro Tempore and shall continue to serve as a district Council Member.
(2) If a vacancy occurs less than 365 days prior to the end of the term but not less than 90 days prior to the next regular Mayor and Council election, the vacancy shall be filled by Council appointment as follows:
a. The Council shall, within 10 days of a vacancy occurring, select a person to serve the unexpired portion of the term in which the vacancy exists.
b. In the case of a vacancy in the office of Mayor the Council shall select one of the remaining Members of the Council to serve as Mayor for the remainder of the term.
c. A vacancy in the office of Council Member shall be filled by a qualified elector residing in the district in which the vacancy exists.
d. When selecting a new mayor, all Council Members present may participate and vote for any candidate for mayor.
e. Vacancies in City of Phoenix elective offices shall be filled at public meetings and all votes shall be taken publicly.
f. A majority of the total number of Council positions shall constitute a quorum for purposes of filling a vacancy in a City of Phoenix elective office, provided that if less than a majority of the authorized positions on the Council are filled, all Council positions that are filled at that time shall constitute a quorum for the purpose of filling Council vacancies until a majority of the authorized Council positions are filled.
g. Any Council Member may nominate a candidate to fill any vacancy with no second required. Candidates shall be voted upon individually in the order in which they were nominated. The first candidate receiving an affirmative majority of the votes of the Council Members present shall be selected to fill the vacancy.
h. If after the end of the ten (10) day period provided in subparagraph (a) of this subparagraph, the vacancy remains unfilled, the Council shall meet each day for the purpose of filling the vacancy until the vacancy is filled, provided that if the vacancy remains unfilled 90 days before the regular Mayor and Council election at which the office in which the vacancy exists is to be voted upon, the provision of paragraph (3) of this subsection shall become applicable.
(3) If a vacancy occurs less than 90 days prior to the regular Mayor and Council election at which the office in which the vacancy exists is to be voted upon, the Council may leave the office vacant or may at any time prior to the expiration of the term fill the vacancy by appointment as provided in paragraph (2)(b) through (h) of this subsection.
C. Such vacancy shall exist, except under the recall provisions of this Charter, when an elective officer fails to qualify within thirty (30) days after commencement of his term, dies, resigns, removes from the City, absents himself continuously for thirty (30) days from the duties of his office without the consent of the Council, is convicted of violating any of the provisions of this Charter, or of a felony, or is judicially declared a lunatic or incompetent as defined by statute.
(Election of 10-1-1991; election of 10-5-1993)
Sec. 6. Mayor and Members of Council to continue until successors qualify; dates of elections; terms of Mayor and Council Members; limitation of terms.
A. The Mayor and Council Members all shall serve until their successors have been elected and have qualified as hereinafter provided.
B. The Mayor and Council Election shall be held on the first Tuesday in October and the Runoff Election shall be held on the Fourth Tuesday of November of every odd-numbered year.
C. In 1991 the Mayor and Council Members from Districts 1, 3, 5 and 7 shall be elected for terms of four years and Council Members from Districts 2, 4, 6 and 8 shall be elected for terms of two years, thereafter the Mayor and all Council Members shall be elected for terms of four years.
D. No person shall serve as Mayor for more than two four year terms or as Council Member for more than three consecutive four year terms. This shall not prohibit a person who has served three consecutive four year terms as a Council Member from serving as Mayor nor shall it prohibit a person who has served two four year terms as Mayor from serving as a Council Member, nor shall service of any term or terms of less than four years by election or appointment prohibit a person from serving two four year terms as Mayor and three consecutive four year terms as a Council Member.
E. The term of the Mayor and Council Members shall commence at 10:00 o'clock A.M., on the first business day in January following their election.
(Election of 10-3-1989; Election of 11-6-2001)
Sec. 7. Salary of Mayor stipulated; contingent fund.
The salary of the Mayor shall be six thousand dollars per year, payable in semi-monthly installments. In addition to his salary, the Mayor shall have a contingent fund of two thousand dollars ($2000.00) in each year payable as he may require the same, on his own warrants, out of any funds in the City Treasury, not otherwise appropriated, and may expend the same as such Mayor, at his discretion.
Section 7 provides for the salary of the Mayor to be fifteen thousand dollars per year, effective January, 1974.
(Election of 11-13-1973)
Editor's note: See the editor's note following ch. 3, § 12.
Sec. 8. [Reserved.]
Editor's note: Section 8 was repealed at the election of November 5, 1985.
Sec. 9. Salaries generally.
A. The salaries applicable to all positions in the classified and unclassified civil service may be fixed, increased, decreased or modified by the Council only upon recommendation of the City Manager; provided, that the Council alone at the time it finally adopts the annual budget may fix, increase, decrease or modify the salaries applicable to any position in the classified or unclassified civil service, except the salaries of the Mayor and Members of the City Council, and except for those previously established by a duly executed and approved Memorandum of Understanding which does not exceed three years in duration.
B. No officer or employee shall be allowed any fees, perquisites, emoluments, rewards or compensation aside from the salary as fixed by law. All fees in connection with official duties shall be paid into the City Treasury daily.
(Election of 11-3-1981)
Sec. 10. Interpretation of words "Commissioner" and "Council."
Whenever in the Charter, the words "Commissioner" or "Council" are used, it shall mean the elected Mayor and Councilmen of the City.
Sec. 11. [Reserved.]
Editor's note: Section 11 was repealed at the election of November 5, 1985.
Sec. 12. Mayor and Council Salary and Benefits; Citizens' Commission on Salaries for Elected City Officials.
(a) Notwithstanding any other provisions of this Charter, the salaries for elected City officials shall be set in conformity with this Charter provision.
(b) There is hereby established a Citizens' Commission on Salaries for Elected City Officials.
(c) The Commission shall be composed of a Chairman plus six (6) members who shall be appointed, from private citizens residing within the City, by the City Council for a term not to exceed three months, the first Commission to take office no earlier than January 1, 2005 and no later than March 31, 2005, and new appointments to be made every two (2) years thereafter, said members to take office on January 1 of each of said two-year periods.
(1) Any vacancies in the membership shall be filled in the manner in which the original appointment was made for the balance of the term of the vacancy so filled.
(2) The Members of the Commission shall serve without compensation but shall be reimbursed for actual expenses. The City shall provide the Commission with such staff as is necessary to perform its functions and shall provide record-keeping or other facilities as needed.
(d) The Commission shall, during its term, conduct a review of the rates of pay of elected City officials. Such review by the Commission shall be made for the purpose of determining and recommending pay levels appropriate to the duties and responsibilities of the positions covered by such review. The Commission may hold public hearings to aid in its work.
(e) The Commission shall submit to the City Clerk, no later than May 1, 2005 and on May 1st of every second year thereafter, a report of the results of each review conducted by the Commission together with its recommendations.
(f) The recommendations of the Commission as to salaries shall be certified by it to the City Clerk and the City Council shall submit to the qualified electors at the next regular municipal election the question, "Shall the recommendation of the Citizens' Commission on Salaries for Elected City Officials of $ ________ per annum for the Mayor, and $ ________ per annum for each Councilman be accepted? YES ________ NO ________." Such recommendations, if accepted by the electors, shall become effective at the beginning of the next regular Council term.
(g) In the event the Commission recommends no change in salaries for the elected officials, it shall file such recommendation of no change with the City Clerk and no question shall be submitted to the electorate.
(h) In addition to the salary established pursuant to this section, the Mayor and Council shall be entitled to receive their choice of any one of the benefit packages offered by the City. "Benefit package" does not include retirement benefits under Chapter 24 of this Charter.
(Election of 11-13-1973; election of 9-9-2003, eff. 10-1-2003; election of 3-8-2005, eff. 3-22-2005)
Editor's note: By election dated November 1, 1983, the following was adopted by the electorate:
"Shall the recommendation of the Citizens' Commission of Salaries for Elected City Officials of $37,500 per annum for the Mayor, and $18,000 per annum for each Councilman be accepted?"
By election dated October 3, 1995, the following was adopted by the electorate:
"Shall the recommendation of the Citizens' Commission on Salaries for Elected City Officials of $34,000 per annum for each Councilman be accepted?"
By election dated September 7, 1999, the following was adopted by the electorate:
"Shall the recommendation of the Citizens' Commission of Salaries for Elected City Officials of $56,000 per annum for the Mayor, and $36,000 per annum for each Councilman be accepted?"
By election dated September 9, 2003, the following was adopted by the electorate:
"Shall the recommendation of the Citizens' Commission of Salaries for Elected City Officials of $62,800 per annum for the Mayor, and $51,500 per annum for each Councilman be accepted?"
By election dated September 13, 2005, the following was adopted by the electorate:
"Shall the recommendation of the Citizens' Commission of Salaries for Elected City Officials of $88,000 per annum for the Mayor, and $61,600 per annum for each Councilman be accepted?"
CHAPTER IV.
THE COUNCILSec. 1. Legislative powers.
The legislative powers of the City of Phoenix shall be vested in and exercised by the Council except as herein limited or reserved to the electors of the City. The legislative powers of the City shall extend to all rightful subjects of legislation not forbidden by the constitution or the United States, the constitution or laws of the State of Arizona, or the provisions of this Charter.
Sec. 2. Powers enumerated.
As the legislative organ of the City of Phoenix, the Council, subject to the provisions and restrictions of this Charter, shall have the power by proper ordinances or resolutions, to carry out each and every power, right and privilege herein and hereby vested in the City of Phoenix, and by such legislation to enforce said rights, powers and obligations, and to secure the performance of all obligations and indebtedness to others. And in addition to the powers hereinabove enumerated and referred to, the City, and the Council acting for and in its behalf, shall have the further powers hereinafter enumerated and set forth, to-wit:
(1) Corporate seal. To provide a corporate seal, with appropriate device, to be affixed to all instruments needing authentication, and to alter and change the same as it may deem proper and wise.
(2) Fines, forfeitures and penalties. To prescribe fines, forfeitures and penalties for the violation of any provision of this Charter or of any ordinance, but no penalty shall exceed the limit which may be prescribed by the laws of the State of Arizona relative to incorporated cities and their powers.
(3) Abatement of nuisances. To provide for the summary abatement of any nuisances at the expense of the person or persons creating, causing, committing or maintaining such nuisances.
(4) Rewards. To offer rewards, not exceeding Ten Thousand ($10,000) dollars in any one instance for the apprehension and conviction of any person who may have committed a felony in the City, and to authorize the payment thereof.
(5) Police and fire departments.
(a) To organize and maintain police and fire departments, fire alarm and police telegraph and telephone systems, provide for the management and control of the same, for the appointment of superintendents thereof, also to erect and maintain suitable buildings, equipments and implements for said police and fire departments.
(b) Police and fire services, including emergency medical and emergency transportation, that are provided by City police officers and firefighters shall not be provided through the use of private contractors, unless approved by an affirmative vote of the qualified electors of the City, except as follows:
1. Administrative and support services.
2. Services associated with technological enhancements to these departments.
3. Retired City employees rehired on a temporary contract basis.
4. Services provided during a state of emergency declared by the Mayor pursuant to Chapter V, Section 4 of the Charter of the City of Phoenix.
(6) Regulation of explosives. To regulate or prohibit the manufacture, keeping, storing and using of powder, dynamite, gun cotton, nitroglycerine, fireworks and other explosive materials and substances.
(7) Storage of inflammables. To regulate the storage of hay, straw, oil and other inflammable and combustible materials.
(8) Regulation of engines, boilers, gas and electric fixtures, etc. To regulate the use of steam engines, gas engines, steam boilers and electric motors, and to prohibit their use in such localities as in the judgment of the Council would endanger public safety or health; also to regulate the installation of gas and electric fixtures and appliances and to provide for proper inspection of same.
(9) Fire limits; regulation of buildings within fire limits. To prescribe fire limits and determine the character and height of buildings that may be erected therein and the nature of the materials to be used in the construction, alteration or repair of such buildings or in the repair or alteration of existing buildings within such fire limits.
(10) Regulation of buildings, sewers, wiring, etc. To regulate the construction of and the materials used in all buildings, chimneys, stacks and other structures; and the construction and use of party walls; to prevent the erection and maintenance of unsafe or insecure buildings, walls, chimneys, stacks or other structures, and to provide for their summary abatement or destruction; to regulate the materials used in and the method of construction and location of drains and sewers, the materials used in wiring buildings or other structures for the use of electricity for lighting, power, heat or other purposes, and materials used in piping buildings or other structures for the purpose of supplying the same with water or gas and the manner of so doing; to prohibit the construction of buildings and structures which do not conform to such regulations.
(11) Fire escapes and fire extinguishers. To require the owners and lessees of buildings or other structures to place upon or in them adequate fire escapes and appliances for protection against fire and for the extinguishment of fires.
(12) Fire prevention generally. To prevent the construction and to cause the removal of dangerous chimneys, fireplaces, hearths, stoves, stovepipes, ovens, boilers, apparatus and machinery used in any building in the City; to regulate the carrying on of manufactories liable to cause fire; to prevent the depositing of ashes, the accumulation of shavings, rubbish or any other combustible material in unsafe places, and to make all necessary provisions to guard against fires.
(13) Doors, hallways and exits. To regulate the size and construction of the entrances to and exits from all theaters, lecture rooms, halls, schools, churches, hotels, office buildings, and buildings used for factory purposes, and other places of a public gathering of every kind and to prevent the placing of seats, chairs, benches or other obstructions in the hallways, aisles or open places therein.
(14) Regulation of railroads, streetcars, automobiles, bicycles, etc. To regulate the speed of railroad trains, engines and cars passing through the City and the speed of cars of street or interurban railways using the public streets of the City; to require railway companies to station flagmen, place gates or viaducts at all such street crossings as the Council may deem proper; to require street cars and local trains to be provided with fenders or other appliances for the better protection of the public; to prohibit the making up of railroad trains on any of the streets, alleys, public places, street crossings or street intersections of the City, and prohibit the blocking of any crossing or intersection of any public thoroughfare with engines or cars for a period longer than five (5) minutes at one time; to regulate the speed with which persons may ride or drive or propel bicycles, automobiles or other vehicles along or upon the streets or highways of the City.
(15) Regulation of advertising, traffic, streets and public places generally. To regulate or prohibit the exhibition or carrying of banners, placards or advertisements, and the distribution of handbills in the streets, public grounds, or upon the sidewalk; to regulate or prevent the flying of banners, flags or signs across the streets or from buildings; to regulate or prohibit traffic and sales in the streets, alleys or public places; to prevent encroachments upon or obstructions to the streets and to require their removal.
(16) Removal of dirt, rubbish and weeds. To compel the owner or occupant of buildings or grounds to remove dirt, rubbish or weeds therefrom and from the sidewalks adjacent thereto; and in his default to authorize the removal or destruction thereof by some officer of the City at the expense of such owner or occupant and to make such expense a tax lien upon such buildings or grounds to be collected at the same time and in the same manner as other City taxes are collected, and to provide for the imposition of a penalty as in cases of misdemeanor for the failure of such owner or occupant to effect such removal.
(17) Billboards and signs. To regulate, license or prohibit the construction and use of billboards and signs.
(18) Health regulations; regulation of hotels and apartments; regulation of garbage and trash collection and disposal; regulation of animals. To make all regulations which may be necessary for the preservation of health and suppression of disease, including but not limited to regulation and inspection of food products, hotels, apartments, lodging houses; providing for the collection and disposal of garbage and trash; and regulating the keeping and running at large of animals.
(19) [Reserved.]
(20) Cruelty to animals, sanitation of animals' living quarters. To prohibit and punish cruelty to animals, and to require the places where they are kept to be maintained in a clean and healthful condition.
(21) [Reserved.]
(22) Regulation of certain businesses and industries; suppression of noise. To regulate, or prohibit the operation of manufactories, occupations or trades which may be of such a nature as to affect the public health or good order of the City or disturb the public peace, or which may be offensive or dangerous to the inhabitants residing in the vicinity; to provide for the punishment of all persons violating such regulations or who knowingly permit the same to be violated in any building or on premises owned or controlled by them; to make regulations for the suppression of disagreeable, offensive and injurious noises.
(23) [Reserved.]
(24) Inspection of dairies. To provide for and regulate the inspection of all dairies that offer for sale or sell any of their products, directly or indirectly, in the City.
(25) [Reserved.]
(26) Sewers, sinks, gutters, etc. To regulate the construction, repair, and use of sewers, sinks, gutters, cess pools and vaults, and to compel the connecting, cleaning or emptying of the same, and to designate the time and manner in which the work shall be done; and in case the owner of any property concerned shall fail to connect, clean, empty or repair such sewers, sinks, gutters, cess pools or vaults, to cause such connection, cleaning, emptying or repairing to be done by some officer of the City at the expense of such owner of the premises to be benefitted thereby, and to make such expense a tax lien upon the said premises, to be collected at the same time and in the same manner as other City taxes are collected.
(27) [Reserved.]
(28) Authority to license businesses, etc.; fixing of rates and penalties of licenses. To license, for the purpose of regulation and revenue, all and every kind of business, profession, calling, trade, or occupation not prohibited by law to be transacted or carried on in the City; to fix the rates of licenses upon the same and provide for the collection thereof by suit or otherwise; to provide penalties for transacting such businesses, professions, callings, trades, or occupations without license when the same is fixed and prescribed.
(29) Hack stands; regulation of charges of public vehicles for hire. To establish stands for hacks, public carriages, express wagons, and other public vehicles for hire, and regulate the charges of such hacks, public carriages, express wagons and other public vehicles, and to require schedules of such charges to be posted in or upon such public vehicles.
(30) Weights and measures. To provide for the inspection and sealing of all weights and measures in the City, and to enforce the keeping and use by dealers of proper weights and measures duly tested and sealed.
(31) Public shows, dance halls, gambling, etc. To license, regulate, restrain or prohibit all theaters, exhibitions, public shows, dance halls, games and places of amusement; to prevent all descriptions of gambling and the using of any and all kinds of gambling devices or fraudulent devices, and to provide for the destruction of all such devices.
(32) Intoxicating liquors. To license, regulate and control the manufacture, sale or disposition of intoxicating liquors; to limit the number of places, and determine the locations where intoxicating liquors may be sold or disposed of, and to prescribe and fix the amount of license tax to be paid by those who engage in the sale or disposition of such liquors within the corporate limits of the City.
The Council shall classify dealers in intoxicating liquors in the City into wholesalers, retailers, and saloonkeepers, and prescribe the conditions upon which the business of selling or disposing of intoxicating liquors in the City may be engaged in or carried on under said classifications respectively; provided, that in no event, after the population of the City shall have reached twenty thousand (20,000), shall licenses be issued for engaging in or carrying on the business of saloon keeper in the City to exceed in number the ratio of one license for each one thousand (1,000) inhabitants, to be determined by the Council, provided, however, that the limitation herein last contained shall not apply to legitimate hotels in the City having at least one hundred (100) bed rooms.
Under the initiative, as provided in Chapter XV of this Charter, the proposition as to whether or not the manufacture or sale of intoxicating liquors shall be prohibited in the City may be submitted to and determined by the qualified electors of the City at an election duly called and held for that purpose, and if a majority of the votes cast at such election be in favor of prohibition, then within three (3) months thereafter the manufacture or sale of intoxicating liquors, as the case may be, shall be prohibited in the City except for medicinal and sacramental purposes; and when prohibition shall so obtain in the City the proposition as to whether or not the manufacture or sale of intoxicating liquors shall be permitted in the City may, in like manner, be submitted and determined, and if a majority of the votes cast at said election be in favor of permission, then within one (1) month thereafter the manufacture and sale of such liquors, as the case may be, shall be permitted in the City; provided, however, that elections for either purpose shall not be held in the City oftener than once in two (2) years, nor within two (2) years of each other.
(33) Payment of City taxes in installments. The Council shall have the right to provide by ordinance for the payment of City taxes in two (2) installments, at different times of the year, as may be specified in such ordinance.
(34) Vagrants, prostitutes, etc.; offensive, indecent, etc., conduct. To regulate, restrain and punish vagrants, mendicants, lewd persons and prostitutes; to prevent and punish drunkenness, prize fights, and all offensive, immoral, indecent and disorderly conduct and practices in the City.
(35) Taxation. To levy and collect taxes upon all the real and personal property in the City, subject to the limitations elsewhere in this Charter provided.
(36) Repayment of excess taxes, costs, etc. To order the repaying by the Treasurer of any taxes, percentages or costs erroneously or illegally collected.
(37) Fees and charges for official services. To fix the fees and charges for all official services not otherwise provided for in this Charter.
(38) Urgent necessity fund. To provide an urgent necessity fund not exceeding five hundred (500) dollars a year, to be expended under the direction of the Mayor.
(39) Leasing of land and buildings of City. To provide for the lease of land, buildings or part thereof owned by the City by public auction, sealed bids or negotiation. All such leases shall be approved by ordinance of the City Council.
(40) Purchase and disposal of property levied upon under execution in City's favor. To provide for the purchase of property levied upon under execution in favor of the City at an amount bid not exceeding the judgment and costs, to provide for the reconveyance, if any, of such property so purchased, and to make such other rules and regulations in connection with such purchase and property as may be proper or expedient.
(41) Disposal of surplus City-owned personal property. To provide for the sale of personal property unfit or unnecessary for the use of the City by public auction, sealed bids, or negotiation. All such sales of personal property shall be approved by ordinance of the City Council.
(42) Sale of City-owned realty. To provide for the sale of such portions of the real property belonging to the City not needed or likely to be needed within a reasonable future time by public auction, sealed bids, or negotiation. All such sales of real property shall be approved by ordinance of the City Council.
(43) Execution of trusts. To provide for the execution of all trusts confided to the City.
(44) Establishing and changing grades of streets, alleys, etc. To establish or change the grade of any street, avenue, lane, alley or public place. The grade of any such street, avenue, alley, or such public place, having once been officially established shall not be thereafter changed except upon the payment of all damages occasioned thereby. The Council shall by ordinance provide for the setting of grade stakes when and wherever established, upon the application of any person interested therein who may apply therefor, upon the payment of the cost thereof.
(45) Municipal improvements generally. To order the whole or any part of any street, avenue, lane, alley, court or place within the City to be graded, regraded to the official grade, paved or repaved, capped or recapped, surfaced or resurfaced; sewered or resewered, and to order sidewalks, manholes, culverts, cesspools, gutters, tunnels, curbings and cross walks to be constructed therein; to provide for the care of shade trees planted therein and to cause shade trees to be planted, set out and cultivated therein; also to order drainage or sanitary sewers or storm sewers to be constructed on or through private property; to provide for the lighting of streets, alleys, public squares and places in said City, and to assess the cost of the installation of lamps, standards or other devices for such lighting, or such part of such cost as it may deem proper, against the real estate of the owners benefitted thereby, and from time to time as it may deem desirable and proper to replace the same or substitute others therefor; to provide for the grading or regrading, paving or repaving, surfacing or resurfacing, capping or recapping, or the improvement of such parts of any street, avenue, lane, alley, court or place in the City occupied by the tracks of any street or other railroad, and for two (2) feet on either side thereof; and if there be two (2) or more tracks then also the spaces between all said tracks, and to assess the cost thereof against the person, association, firm or corporation owning, operating or maintaining such railroad, and make such cost a lien on such railroad or railroads, and to provide for the enforcement thereof.
Whenever in the judgment of the Council, or of the people, the cost and expense of any of the foregoing improvements is to be paid by special assessment on private property, the laws of the State of Arizona in force at the time of the improvement shall govern and control, and all proceedings shall be in conformity therewith; provided, however, that the Council may by ordinance at any time prescribe a different and other procedure therefor.
(46) Improvements to streets, alleys, etc.; condemnation of property. To order the opening, extending, widening, straightening or closing of any street, avenue, lane, alley, court or public place within the City, and to condemn any and all property necessary or convenient for that purpose and to assess the cost or such part of the cost thereof as may be proper to the lots or parts of lots of land benefitted thereby, and provide for the collection of the same. The proceedings for condemnation shall be prescribed by, and conducted pursuant to the directions and authority of the Council, the proceedings for the doing of anything authorized by this subdivision shall be that prescribed by the Council, not inconsistent with the constitution and general laws of the State of Arizona.
(47) Lights and water. To provide for the lighting of the streets, highways, public places and public buildings, and for supplying the City with water for municipal purposes.
(48) Boulevards. To set apart as a boulevard or boulevards any street or avenue, streets or avenues, over which there is no existing franchise for any railroad, and to regulate or prevent any heavy traffic or teaming thereon; and when any such street or avenue shall have been set aside as a boulevard no franchise for a railroad, interurban railway or street railway shall be granted upon such boulevard, and no railroad track shall ever be laid along the same unless an ordinance to that effect shall have been duly passed by popular vote as provided in Chapters XV and XVI.
(49) Streets, avenues, parks, public places, etc. To locate, open and lay out streets, avenues and alleys in the City of Phoenix, also public squares, parks and playgrounds; accept dedications of streets, avenues, alleys, public places, squares, parks and playgrounds, and vacate such dedication; to vacate and abandon and close up any street, avenue, alley, public square or place, park or playground, as in the judgment of the Council should be vacated and closed, and permit the closing of the same against public use; to make proper conveyance of such streets, avenues, alleys, grounds, parks and places to the persons entitled thereto, or make such disposition of the same as may be proper.
(50) Fixing of public utility rates. When authorized by law to fix and determine by ordinance the rates or compensation to be collected by any person, firm or corporation in the City for the use of water, heat, light, power or telephone service supplied by the City, or to the inhabitants thereof, and to prescribe the quality of the service.
(51) Regulation of street railroads. To regulate street railroads, their tracks and cars; to compel the owners of two (2) or more such street railroads using or desiring to use the same street to use the same tracks and structures appurtenant thereto, laid or installed, or that may be laid or installed, by either on said street, and to equitably divide the cost of construction and the cost of maintenance thereof between them.
(52) Responsibility of street railroads to repair streets. To require every person, association or corporation owning or maintaining a street or other railroad on or along any of the streets, avenues or alleys of the City, to keep in proper repair that space of the same between the rails of the track, and a space two (2) feet in width along and outside of the rails of the track; and where two (2) or more tracks are used or maintained on or along any street, avenue, or alley, to keep in proper repair that entire space of said street, avenue or alley lying and being between the outside rails of the tracks, as well as a space two (2) feet in width along and outside of the outside rails of the outside tracks.
(53) Spurs and side tracks. To permit the laying down of spurs or side tracks and running cars thereon for the purpose of connecting warehouses, manufactories or other business industries or enterprise with any line of railroads that may be along, or which hereafter enter into, or which now enter the City, subject to the regulations and conditions prescribed from time to time by the Council; such tracks to be used for the transportation of freight only, and not to be used as a main line or a part thereof, and also for the purpose of excavating and filling in a street or avenue, or portion of a street or avenue, or the adjoining land, for such limited time as may be necessary for such purpose, and no longer. Such tracks must be laid in accordance with the regulations prescribed by the Council, and all permits granted under the provisions hereof shall be revocable at the pleasure of the Council.
(54) Authority to place telephones, etc., wire underground. To cause the removal or placing under ground of all telephone, telegraph, electric light or other wires within the City, or within any designated portion thereof, and to regulate or prohibit the placing of poles or other supports and suspending wires along or across the streets, highways, and public places of the City, or any of them.
(55) Regulation of water, gas, etc., pipes. To regulate the size and location of all water pipes, gas pipes and all other pipes and conduits laid or constructed in the streets, avenues, alleys and public places, and to require the filing of charts and maps of such pipes and conduits.
(56) Elections; registration of electors. To make all rules and regulations governing elections not inconsistent with this Charter, and to provide from time to time the necessary polling places, ballots, and paraphernalia necessary or convenient for the conducting of such elections, and for the announcing, declaring and recording the results thereof, to provide for the registration of the duly qualified electors of the City from time to time as required by the laws of the State of Arizona, and in the absence of such laws to require by ordinance such registration as the Council may deem proper and expedient, and prescribe suitable rules and regulations and appoint proper officers to carry such regulations into effect.
(57) Civic art board. To establish a Civic Art Board and to appoint members thereon, to serve without compensation, with such powers and duties as may be fixed by the Council.
(58) Establishment of boards generally. To establish a Park Board, Playground Board, Board of Public Charities, and such other Boards as they deem advisable, and to appoint members thereon to serve without compensation, with such powers and duties as may be fixed by the Council; also to establish a Civil Service Board and prescribe its duties.
(59) Acquiring public utilities. To provide a suitable procedure of taking over or otherwise acquiring municipal ownership of public utilities, and to provide the means and manner for paying for the same.
(60) Entertainment funds. To authorize the expenditure out of the funds of the City, not otherwise appropriated sums not to exceed in the aggregate in any one fiscal year, one thousand (1000) dollars, for the purpose of contributing to the entertainment of visitors, in the celebration of holidays or events, in defraying the expense of the entertainment of conventions, conferences, or other representative or delegate assemblies of non-residents of the City held in the City, and for such like purposes as the Council may deem proper and advisable.
(61) Free employment agency. To establish and maintain a free employment agency.
(62) Abandonment of canals, ditches, etc. To provide for the vacation, abandonment and non-user of any irrigating canal, lateral or ditch, or any artificial water channel within said City, by condemnation, purchase, or by contract with the owners of any such irrigating canal, lateral or ditch, or artificial water channel, and to assess the cost incident to such vacation, abandonment and non-user, or such part thereof as may be equitable, to the owners of property which may be benefitted thereby, and make such assessment a lien on the property of such owners, and to provide for the enforcement of such lien.
(63) Licenses and permits. The Council shall have full power to prescribe by ordinance or resolution the form of all licenses and permits authorized to be issued, the conditions upon which they may be issued, the method of issuing the same, and by what officers they shall be issued, signed and countersigned, and may provide by ordinance the method of cancellation or revocation of any such license or permit.
(64) Powers generally. To enact appropriate legislation and do and perform any and all other acts and things which may be necessary and proper to carry out the general powers of the City or any of the provisions of this Charter; to exercise any and all powers not in conflict with the constitution of the State, with this Charter, or with the ordinances adopted by the people of the City; to do and perform all acts required by the laws of the State; to exercise and carry into effect whenever deemed necessary or proper, any and all additional powers vested in the City or the Council by the laws of the State.
(65) Excise taxes. The City Council may by ordinance, without an election, assess, levy and collect excise taxes for the purpose of revenue and provide penalties for the non-payment thereof. Such taxes may be computed upon gross income or proceeds; provided, however, that the Council shall not have power to assess, levy or collect an income tax. Income tax shall be defined as a tax levied directly upon income as such and having no other element or feature such as licensing or regulation.
(66) Floodways and flood plains. To designate and establish as floodways or flood plains areas of land within the boundaries of the City reasonably required or necessary to improve, extend, maintain or facilitate the control or discharge of waters or rivers and streams and intermittent flowing creeks, washes, arroyos, drains and channels together with surface and flood waters, in order to prevent the loss of life or injury and damage to property and prevent and prohibit encroachments and obstructions within the floodway or flood plain areas so designated and established by the City.
(67) Plan for future physical development. To adopt a comprehensive plan for the future physical development of the City to serve as a guide to all future Council action concerning land use regulations and expenditures for capital improvements. The Council may by ordinance implement said comprehensive plan by adopting land use and development regulations, including but not limited to official maps, and grading, zoning, subdivision and architectural regulations.
(68) Revocable permits. The City Manager, with the approval of the Council, shall have the right and power to issue revocable temporary permits to any person, association or corporation, for the purpose of temporarily making use of the streets, highways, public rights of way, parks, public property, and other public places in the City; such license or permit to be subject to revocation at any time in the discretion of the Council or by the Manager with ratification by the Council, and shall be subject to such terms and conditions as the Council may impose, either by the permit or by ordinance limiting this authority. Such permits or licenses shall not be deemed to be franchises as the term is used in this Charter.
(69) Construction of charter. In this Charter no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers which the City would have if the particular power were not mentioned. The charter shall be liberally construed to the end that the City shall have all powers necessary or convenient for the conduct of its municipal affairs, and for the health, safety, and general welfare of its inhabitants, including all powers that cities may assume pursuant to state law and the state constitution.
(70) Powers to include those granted under provisions of Title 9, Arizona Revised Statutes. The City of Phoenix shall have all the rights and powers granted or to be granted to charter cities, and to cities and towns incorporated under the provisions of Title 9, Arizona Revised Statutes.
(71) Regulation of religious and charitable solicitations. To regulate the solicitations of contributions for any religious or charitable purpose, to establish a Solicitation Board with such powers and duties as may be fixed by the Council, and to prohibit solicitations which do not conform to such regulations.
(72) Disposal of unclaimed personal property. To provide for the sale by public auction, destruction or other disposition of unclaimed personal property in the possession of the City.
(73) Solid waste. The Council may by ordinance or resolution provide for the supervision, regulation, collection, transportation and disposition of solid waste. In addition, the Council may, in the same manner, acquire, construct, operate, maintain and improve solid waste management facilities, including the authority to enter into contracts therefor, levy and collect fees and charges, require licenses, accept grants, purchase and sell recovered resources and to impose criminal penalties for the unlawful disposal of solid waste. Furthermore, the Council may by mutual agreement with other counties, cities or towns provide for the disposal of solid waste provided, the agreement is not in violation of the State Constitution, State law, nor shall it be contrary to the prohibitions of Federal or State antitrust laws.
(74) Blighting and deteriorating exterior appearance. To adopt regulations for the external maintenance of structures and land.
(75) Property of historical, cultural, architectural or archaeological significance. To acquire property of historical, cultural, architectural or archaeological significance including the acquisition of interests in property, to preserve, protect or enhance the historical, cultural, architectural or archaeological aspect of any of the property; and to expend funds to improve, reconstruct, equip and maintain property of historical, cultural, architectural or archaeological significance.
All provisions of this Charter in conflict or inconsistent with this Charter amendment are hereby repealed.
(Election of 7-9-1954; election of 11-9-1971; election of 11-13-1973; election of 11-1-1977; election of 11-3-1981; election of 10-6-1987; election of 10-3-1989; election of 10-1-1991; election of 9-7-1999)
State law references: Powers generally, A.R.S. §§ 9-499.01, 9-240, 9-276; penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28).
Sec. 3. Mayor to preside; election of vice-chairman.
The Mayor when present shall preside at all meetings of the Council. The Council shall elect one of its number vice-chairman.
Sec. 4. Time and place of regular meetings; manner of calling special meetings.
The Council shall provide for the time and place of holding its regular meetings and the manner in which special meetings may be called.
Editor's note: See § 20 of this chapter.
Sec. 5. Meetings to be public.
All meetings of the Council whether regular or special, shall be open to the public.
State law references: Open meetings, A.R.S. § 38-431 et seq.
Sec. 6. Quorum.
A majority of the members of the Council shall constitute a quorum for the transaction of business.
Sec. 7. Rules for proceedings.
The Council shall establish rules for its proceedings.
Sec. 8. Council to act by resolution, ordinance, franchise or formal recorded action.
The Council shall act only by resolution, ordinance, franchise, or formal recorded action.
(Election of 11-9-1971)
Sec. 9. Ayes and nays to be recorded.
For other than unanimous votes the ayes and nays shall be taken upon the vote of all ordinances, resolutions, franchises and formal recorded actions and entered upon the journal of the proceedings of the Council.
(Election of 11-9-1971)
Sec. 10. When majority vote required.
The affirmative vote of a majority of the Members of the Council shall be necessary to pass any ordinance, franchise, resolution, or formal recorded action.
(Election of 11-9-1971)
Sec. 11. Enacting style.
The enacting clause of all ordinances passed by the Council shall be in these words: "Be it ordained by the Council of the City of Phoenix as follows:"
Sec. 12. When actions to be taken by ordinance.
Actions providing for any specific improvement, for the appropriation or expenditure of any public money, except sums less than five thousand (5,000) dollars, which amount may be adjusted by the Council every four years beginning in 1990 to account for changes in the cost of living†, for the appropriation, acquisition, sale or lease of public property, for the levying of any tax or assessment, for establishing or changing fire limits, or for the imposing of any penalty, shall be taken by ordinance; provided, that such exception be observed as may be called for in cases where the Council takes action in pursuance of a general law of the State.
(Election of 11-5-1985)
†Note– See Phoenix City Code Section 2-4(b) for current amount allowable.
Sec. 13. Motions to reconsider.
When an ordinance put upon final passage fails to pass, and a motion is made to reconsider, the vote on such motion shall not be taken within twenty-four (24) hours thereafter.
Sec. 14. Adoption and transcription of ordinances, resolutions and franchises; effective date; emergency measures; publication.
All ordinances, resolutions, or franchises shall be signed by the Mayor, or in his absence the Vice-Mayor, and attested by the City Clerk, or in his absence, his designee, and transcribed in the proper books therefor, but no ordinance, resolution or franchise other than an emergency measure shall take effect and become operative until thirty (30) days after its passage by the Council. Measures necessary for the immediate preservation of the peace, health or safety of the City shall become effective immediately upon adoption, but no such emergency measure shall become immediately operative unless it shall state in a separate section the reason why it is necessary that it should become immediately operative, and be approved by the affirmative vote of two thirds of the Members of the Council taken by ayes and nays. All ordinances, resolutions and franchises shall be published at least once in the official newspaper of the City within thirty days of their adoption.
(Election of 11-9-1971)
Sec. 15. How ordinances to be revised, re-enacted and amended.
Ordinances shall not be revised, re-enacted or amended by reference to title only, but the ordinance to be revised or re-enacted, or the section or sections thereof to be amended, or the new section or sections to be added thereto, shall be set forth and adopted in the method provided in this chapter for the adoption of ordinances.
Sec. 16. How ordinances to be repealed or suspended.
No ordinance or section thereof shall be repealed or suspended except by ordinance adopted in the manner provided in this chapter.
Sec. 17. Ordinances and resolutions to be filed, recorded and certified; ordinances and resolutions as evidence.
All ordinances and resolutions shall be filed and safely kept by the City Clerk and duly recorded and certified by him in books for that purpose marked "City Ordinances" and "City Resolutions" respectively; and a record copy thereof certified by the City Clerk, or the originals thereof shall be prima facie evidence of the contents of such ordinances or resolutions and of the due passage and publication of the same, and shall be admissible in evidence in any Court in the State of Arizona, or in any proceeding where the contents of such ordinances or resolutions, or any of them, is in question; provided, however, that nothing herein contained shall be construed to prevent the proof of the passage and publication of an ordinance or resolution in the manner otherwise prescribed by law.
Sec. 18. Publication of ordinances and resolutions in book form.
The Council shall, within one (1) year after its organization under this Charter and from time to time thereafter, cause all ordinances and resolutions then in force to be classified under appropriate heads, and, together with, or separately from, the Charter of the City and such provisions of the constitution and laws of the State, as the Council may deem expedient, published in book form.
Sec. 19. Minimum times Council to meet; determination of meeting day; calling of first meeting.
The Council shall meet for the transaction of business at least once every month; the day of meeting shall be fixed and determined at the first meeting of the Council; said first meeting shall be called by the Mayor-elect as soon as he and the other Councilmen shall have been duly elected and qualified.
Sec. 20. How special meetings called.
Special meetings may be called by the Mayor, or by three (3) Members of the Council.
Editor's note: See § 4 of this chapter.
Sec. 21. Minute books open to public.
Any citizen of this City may have access to the minutes upon application to the City Clerk.
Sec. 22. How petitions to be presented and acted upon.
Any citizen of this City may appear before the Council at any regular meeting and present a written petition; such petition shall be acted upon by the Council in the regular course of business, within fifteen (15) days.
Sec. 23. When Member excused from voting; failure to vote.
No Member shall be excused from voting except upon matters involving the consideration of his own official conduct. In all other cases a failure to vote shall be entered on the minutes as an affirmative vote.
Sec. 24. Manner of exercising, etc., powers, duties, etc., to be prescribed by ordinance.
Wherever, by any provision of this Charter, it is prescribed that any power, duty or procedure shall or may be exercised, performed or adopted in the manner established by any law of the State of Arizona, such power, duty or procedure may, nevertheless, be exercised, performed or adopted, or caused to be exercised, performed or adopted, in the same or in a different manner, by an ordinance of the Council, irrespective of such State law, and in case there be no procedure established by State law therefor, then the Council shall by ordinance prescribe one.
CHAPTER V.
THE MAYORSec. 1. To be chief official of City; duty to enforce ordinances.
The Mayor shall be the chief executive officer of the City, and ex-officio chairman of the Council, and shall see that the ordinances thereof are enforced.
Sec. 2. Annual and periodic reports to Council.
The Mayor shall annually and from time to time give the Council information relative to the affairs of the City, and recommend for its consideration such matters as he may deem expedient. He may annually submit to the Council a program budget.
(Election of 11-4-1975)
Sec. 3. Legal recognition as official head of City.
The Mayor shall be recognized as the official head of the City by the courts for the purpose of service of civil process upon the City and the instituting of any action or proceeding at law or equity for and in behalf of the City, and appearing in any manner before the courts on behalf of the City; he shall be recognized by the governor and other State officials as the chief and official head of the City.
Sec. 4. Authority during emergency.
A. The Mayor shall govern the City during times of great emergency and shall make proclamations necessary rising out of that emergency. Any violation of proclamations made pursuant to this authority shall be a misdemeanor.
B. During the absence or disability of the Mayor or when the Office of Mayor is vacant, the Vice-Mayor shall act as Mayor under the provisions of Subsection A herein above.
C. During the absence or disability of both the Mayor and Vice-Mayor or when the Offices of Mayor and Vice-Mayor are both vacant, the remaining Council Member who has most recently served in the Office of Vice-Mayor shall act as Mayor under the provisions of Subsection A herein above.
(Election of 11-9-1971; Election of 9-13-2005, Prop. 2, eff. 10-11-2005)
Sec. 5. Right to appoint personal secretary.
The Mayor shall have the right to appoint his personal secretary and such personal staff as may be authorized by ordinance, who shall not be subject to the provisions of the Civil Service of the City of Phoenix, being Chapter 2, Article VI, of the Code of the City of Phoenix, 1969.
(Election of 11-9-1971)
CHAPTER VI.
[RESERVED]*------------
Editor's note: Chapter VI was repealed at the election of November 9, 1971.
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CHAPTER VII.
THE CITY AUDITORSec. 1. Powers and duties generally.
The City Auditor shall prescribe and require, except as they may be by law prescribed and required, the use of plain and uniform systems of keeping books of accounts by all City officers who are charged with the receipt or disbursement of any of the funds of the City or who may be authorized to purchase materials and supplies or employ labor for it. He shall prescribe the form of vouchers or other evidences of the receipt of money from the City or for the establishment of demands against the City. He shall at all times have access to and may inspect and take copies of all books on which entries are made, or are required to be made, relating to the receipt or expenditure of money on account of the City, and to all vouchers, accounts, bills, warrants, drafts, contracts, or other papers relating thereto.
He shall have power to administer oaths for the purpose of ascertaining the facts relating to any charge or claim against the City, made or claimed by any person, partnership, association or corporation whatsoever. He shall inquire into and inform himself as to the legality of all claims paid out of the City Treasury, or for which warrants thereon have been drawn, as well as the reasonableness of the prices charged or claimed for material, supplies or labor, and the facts as to the delivery or rendition thereof to or for the use of the City.
Sec. 2. Regular reports to the Council; special reports.
He shall, at the first meeting of the Council in each month, make a written report to the Council of all expenditures made or incurred by the City or on its account during the next preceding month, showing the same in detail; and as well the receipts by the City in detail on all accounts, and show at the time the financial condition of the City.
He shall also make written or verbal reports to the Council, whenever required by it, of any particular matters relating to the business of the City involving the receipt or expenditure of money or incurring expense therein.
Sec. 3. Additional duties.
He shall perform such other duties as may be prescribed by the Council not inconsistent with the provisions of this Charter.
Sec. 4. Assistants to Auditor.
The auditor may, with the consent and approval of the Council, appoint such assistants as in the opinion of the Council may be required, their compensation to be fixed by the Council.
Sec. 5. Annual audit.
There shall be an annual audit of the fiscal affairs of the City of Phoenix by one or more certified public accountants, who shall not be employees of the City.
CHAPTER VIII.
CITY COURT*------------
State law references: Municipal Courts, A.R.S. § 22-401 et seq.
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Sec. 1. City Court as separate and independent branch of City government; when to be open; transactions permitted on non-juridical days.
There shall be a City Court System as a separate and independent branch of the government of the City of Phoenix, which Court shall always be open except on non-juridical days, and on such non-juridical days it may transact such business within its jurisdiction as is authorized by general law to be transacted by courts of justice of the peace relative to business within their jurisdiction.
(Election of 11-9-1971)
Sec. 2. Jurisdiction.
The City Court shall, within the territorial limits of the City of Phoenix, have and exercise jurisdiction as follows:
(a) It shall have and exercise exclusive original jurisdiction of all proceedings of a criminal nature for the violation of any ordinance of the City, and of every action of a civil nature for the enforcement of a penalty or the recovery of a penalty or forfeiture imposed by any ordinance of the City for violation thereof, or for neglect to perform any duty by any ordinance imposed, and of every action for the collection of any license, tax or penalty due from any person to the City and required to be paid or which is due and collectible under the ordinance of the City.
(b) The City Court shall have concurrent jurisdiction with the Justices of the Peace, in the precincts of the City, over all violations of the laws of the State committed within the corporate limits of the City; said concurrent jurisdiction shall be subject to the rules of criminal procedure applicable to trials before Justices of the Peace.
(c) The City Court shall be authorized to adopt Local Rules of Practice as necessary for the proper carrying out of the jurisdiction vested in the City Court.
(Election of 11-9-1971; election of 11-1-1977)
Sec. 3. Appointment, term and removal of judges of the City Court; jurisdiction of City Manager over financial, personnel and administrative functions of the Court.
(a) The judges of the City Court shall be appointed by the Council of the City of Phoenix. The three judges with the longest credited service shall be appointed for a term of four years and remaining judges for terms of two years. All subsequent appointments shall be for four year terms. A vacancy occurring before the expiration of a term shall be filled by appointment for the remainder of the term.
(b) Judges of the City Court may be removed by the City Council for cause on motion adopted by the affirmative vote of two-thirds of the Members of the Council.
(c) The compensation of judges of the City Court shall be fixed by the City Council and shall not be reduced during the term of office of an incumbent other than the proportion by which salaries of all City employees may be reduced generally.
(d) All financial, personnel and administrative functions of the City Court system shall be under the jurisdiction of the City Manager.
(Election of 11-9-1971)
Sec. 4. Appointment of Chief Presiding Judge of the City Court.
The Council shall annually appoint one judge to serve as Chief Presiding Judge of the City Court for a term of one year. The Chief Presiding Judge shall receive such additional compensation as shall be approved by the Council.
(Election of 11-1-1977)
Sec. 5. Appointment of judges pro tempore.
The chief presiding judge may, with the approval of the City Manager, appoint such judges pro tempore as are required by the City Court.
(Election of 11-9-1971)
Sec. 6. Qualifications of judges of the City Court.
All judges of the City Court, regular or pro tempore, shall be attorneys at law, admitted to the practice of law by the Supreme Court of the State of Arizona and have at least five years practice of law or equivalent legal experience. Judges appointed for a term of years shall be prohibited from the private practice of law and from engaging in any political activity.
(Election of 11-9-1971)
Sec. 7. Duty of Council to provide for Court; disposition of fines, penalties and fees collected.
The Council shall provide each judge of the City Court with a proper courtroom, and with all necessary stationery, furniture and paraphernalia. The Council shall also provide proper and necessary clerical force for the keeping and maintaining of a proper record of the transactions of the Court, and the acts, judgments and orders of said judge. All fines, penalties, and fees collected by the Court shall be paid to the City Treasurer as provided by ordinance.
(Election of 11-9-1971)
Sec. 8. Power of judge of the City Court to issue writs and processes and to hear cases; nature of writs and processes; records to be kept; duty of police to execute, serve and make proper return of writs and processes.
For the proper carrying out of the jurisdiction vested in said City Court, the judge thereof shall be entitled and authorized to issue and cause to be served any and all writs and processes, and he shall have full authority to hear and determine all matters properly coming before him and coming within his jurisdiction herein specified. The writs and processes of the City Courts shall be similar to those used by justices of the peace in cases of a similar nature. Proper record shall be kept of the issuance of writs and processes and returns and all other actions taken relative thereto, and the actions of the Court thereon. The police of the City of Phoenix are hereby authorized and directed to execute and serve any and all writs and processes issued out of said City Court by the judges thereof, and the proper return shall be made by such officer to the same extent required of constables and sheriffs in the service and execution of similar papers.
(Election of 11-9-1971)
Sec. 9. Hearing officers.
The Chief Presiding Judge may appoint court hearing officers who shall have the powers to hear and adjudicate civil offenses. The qualifications and compensation of court hearing officers shall be as provided for by ordinance.
(Election of 11-1-1983)
CHAPTER IX.
BONDS AND OATHS OF OFFICESec. 1. When bond required.
Before entering upon the performance of the duties of his office, any officer of whom a bond is required by the Charter or by ordinance shall make and execute and file his official bond.
Sec. 2. Those required to be bonded and amount of each bond.
The official bonds of the following named officers shall be in amounts as follows: The Manager, $20,000; the Auditor, $5,000; the City Clerk, $5,000; the City Assessor, $5,000; the City Treasurer, $50,000; the City Collector, $10,000.
Provided, however, that the Council may prescribe by ordinance bonds of the City Treasurer and the City Collector in greater amounts than herein prescribed for those officers.
Sec. 3. Provision for bonding other officers and their deputies.
The Council may by ordinance require official bonds of other officers and their deputies and fix the amount thereof.
Sec. 4. Conditions of bonds.
Official bonds required by this Charter, or by any ordinance of the City of Phoenix, shall be conditioned that the principal will well and truly, honestly and faithfully, perform the duties of his office, and will at all times account to the City or the proper officers thereof, for all moneys and property received or taken by him on behalf of the City, and at the expiration of his office, or termination thereof, he will promptly surrender to his successor in office, or to such officer as may be designated by the Council, or his superior officer, all the books, records, papers, documents, property and paraphernalia belonging to or used in said office, or in connection therewith, together with a complete inventory and statement of such property so to be turned over by him.
Sec. 5. Surety required.
Every official bond shall be executed with two (2) or more good and sufficient sureties who shall qualify in form as is required by law for the qualifications of sureties upon bonds of county officers. Instead of two (2) or more sureties as above prescribed, such bonds may be executed with a properly qualified surety company as surety; in such cases the premium to be charged therefor shall be paid by the City.
Sec. 6. Where bonds to be filed; approval to be attested by Mayor.
The official bonds shall, after approval by the Council be filed with the City Clerk and safely kept by him; except the bond of the City Clerk which shall be filed with and kept by the City Treasurer. The approval of bonds must be endorsed thereon or appended thereto and attested by the Mayor.
Sec. 7. Oath.
Before entering upon the duties of his office, each officer of the City, whether elected or appointed under the provisions of this Charter, or under any ordinance of the City, shall take and subscribe an oath of office, in the form of the official oath required by the constitution. The oath so taken and subscribed, if by an official required to give a bond, shall be endorsed upon or attached to the bond; if by an official not required to give a bond, such oaths shall be filed with and kept by the City Clerk.
CHAPTER X.
[RESERVED]*------------
Editor's note: Chapter X was repealed by the amendment of November 16, 1948.
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CHAPTER XI.
CONFLICT OF INTEREST; DISCRIMINATIONSec. 1. Provisions of State law to apply.
The provisions of the state law governing conflict of interest of officers and employees shall apply.
(Election of 11-9-1971)
State law references: Conflicts of interest, A.R.S. § 38-501 et seq.
Sec. 2. Discrimination.
No person shall be appointed to, removed from or in any way favored or discriminated against with respect to any City position because of race, color, ancestry, national origin, sex, political or religious opinions or affiliations.
(Election of 11-9-1971)
State law references: Employment discrimination, A.R.S. § 41-1451 et seq.
CHAPTER XII.
NOMINATION AND ELECTION OF OFFICERS*------------
State law references: Elections generally, A.R.S. § 16-101 et seq.
------------
Sec. 1. Mode of nomination of elective officers.
(a) The mode of nomination of elective officers of the City to be voted for at any municipal election shall be as follows, and not otherwise:
(b) The name of a candidate shall be printed upon the ballot when a petition of nomination shall have been filed in his behalf in the manner and form established by ordinance.
(c) The petition of nomination shall consist of a printed or written statement or certificate, substantially complying with the form thereof established by ordinance.
(d) The nomination petition for Mayor shall be signed by qualified electors in the City of Phoenix from the City at large. The nomination petition for any Member of the eight Council seats shall only be signed by qualified electors who reside within the district that said Councilman seeks to be nominated from.
(Election of 11-9-1971; election of 12-1-1982)
Editor's note: The initiative petition indicates amendment of ch. XIII, § 1. However, the body of the text shows that ch. XII, § 1, is to be amended by adding subsection D. Placement of the additional subsection has been made in ch. XII, § 1.
Sec. 2. Number of signatures required on petition; time when petition to be filed; duty of City Clerk to endorse petitions.
A. Nomination petitions for the office of Mayor shall be in the form prescribed by law and shall contain the signatures of not less than 1,500 qualified electors of the City.
B. Nomination petitions for the office of Council Member shall be in the form prescribed by law and shall contain the signatures of not less than 200 qualified electors of the City residing within the district that the candidate seeks to be nominated from.
C. Nomination petitions for City elective offices may be presented to the City Clerk not earlier than one hundred twenty (120) days nor later than ninety (90) days before the date set for the Mayor and Council Election. The City Clerk shall endorse on each petition or petitions the date when the same was received by him. Signatures on nominating petitions dated more than one hundred eighty (180) days prior to the date set for the Mayor and Council Election shall not be valid.
(Election of 11-5-1985; election of 9-11-2007, § 1)
Sec. 3. Filing of nominating petition; acceptance by candidate nominated; determination by City Clerk of sufficiency; supplemental petitions; procedure to be followed when petitions found sufficient; procedure to be followed when petition found insufficient.
All separate petitions comprising a nominating petition for a candidate shall be assembled and filed with the City Clerk as one instrument. No nominating petition shall be accepted by the City Clerk unless accompanied by a signed acceptance of the nomination by the candidate therein nominated. The City Clerk upon filing with him of a nominating petition shall by specific count determine whether or not such petition is signed by the requisite number of qualified electors. Within ten (10) days after filing of each such petition with the City Clerk, he shall attach his certificate thereto showing the result of his examination. If, by the City Clerk's certificate, it shall appear that the petition has not been signed by the requisite number of qualified electors, it may be supplemented by filing a supplemental petition at any time prior to ninety (90) days before the Mayor and Council Election. The City Clerk shall, within ten (10) days after the filing of each such supplemental petition, make like examination of the supplemental petition, and shall certify as to the result of the examination, but no further supplement shall be allowed; and provided, further, that no supplement to such petition shall be allowed after the expiration of the time for filing nominating petitions as set forth in Section 2 of this Chapter XII. If the petition, either as originally filed or as supplemented, shall be found to be sufficiently signed as herein provided, the same shall be filed by the City Clerk and when filed shall not be withdrawn or supplemented. If the petition, either as originally filed or as supplemented, is insufficient, then the City Clerk shall make and retain a photocopy of the petition and shall then return the petition to the person who filed it or to the candidate named therein.
(Election of 11-5-1985; election of 9-11-2007, § 1)
Sec. 4. Withdrawal of names from nomination.
Any person whose name has been presented under the foregoing sections, or in the manner provided for nomination hereinafter, may, not later than seventy-five (75) days before the day of election, cause his or her name to be withdrawn from nomination by filing with the City Clerk a request therefor in writing, and no name so withdrawn shall be printed on the ballot. If upon such withdrawal, or by the death or other disqualification of any person for the nomination of whom a petition has been filed, no candidate remains on the ballot, then other nominations may be made by filing petitions therefor not later than sixty (60) days prior to such election, but no supplement to any such petition shall be allowed.
(Election of 11-5-1985; election of 9-11-2007, § 1)
Sec. 5. Petitions not to be withdrawn or changed after filing.
When a petition of nomination shall have been filed by the City Clerk it shall not be withdrawn or added to and no signatures shall be revoked thereafter.
Sec. 6. City Clerk to preserve petitions.
The City Clerk shall preserve in his office all sufficient petitions of nomination and photocopies of all insufficient petitions of nomination and all certificates thereto filed under this Chapter [Charter] until the expiration of the term of office for which the petition was filed.
(Election of 9-11-2007, § 1)
Sec. 7. List of candidates.
Not later than ten days after the deadline for filing petitions, the City Clerk shall enter the names of the candidates for whom petitions have been filed as hereinafter provided, except candidates who have withdrawn or died or are otherwise disqualified, in a list with the offices to be filled, and shall, not later than twenty-five days before the election certify such list as being the list of candidates as required by the Charter of the City of Phoenix; and the Council shall cause said certified list of names and the office to be filled, designating whether for a full term or for an unexpired term, to be published in the proclamation calling the election for the period and in the manner now or as may hereafter be provided by law or by ordinance of the City for the publishing of such election proclamation.
(Election of 11-9-1971)
Sec. 8. Form of ballots.
The City Clerk shall cause the ballots to be printed, bound and numbered as hereinafter provided for the printing, binding and numbering of ballots to be used in municipal elections or as the same may hereafter be provided by ordinance; said ballot shall contain the list of names and the respective offices, in compliance with the form thereof established by ordinance.
(Election of 11-5-1985)
Sec. 9. General requirements for ballots; arrangement of names not to reveal source of candidacy or support of candidates.
The ballot shall in all respects comply with the provisions of law respecting ballots to be used at general, county or state elections, so far as applicable. A space may be provided at the top of the ballot for charter amendments or other questions to be voted upon at the municipal elections, as provided for under this Charter. The names of the candidates for each office shall be arranged as provided by law and nothing on the ballot shall be indicative of the source of the candidacy or of the support of any candidate.
(Election of 11-9-1971)
Sec. 10. Placing names of candidates on ballots.
The name of each candidate who has been duly and regularly nominated, except candidates who have withdrawn or died or are otherwise disqualified, shall be placed upon a ballot.
(Election of 11-9-1971)
Sec. 11. Provisions for write-in votes.
An appropriate space shall be left below the printed names of candidates for each office equal in number to the number to be voted for, wherein the voter may write the name of any person or persons for whom he may wish to vote, provided that if no write-in candidate for an office has been certified within the time provided by law, no space for a write-in candidate shall be required.
(Election of 9-13-2005, Prop. 3, eff. 10-11-2005)
Sec. 12. Sample ballots.
The provisions of law, as the same exist or as the same may hereafter be amended or changed, relating to the printing and distribution of sample ballots in connection with the Mayor and Council Election, shall apply to all Runoff and special municipal elections.
(Election of 11-5-1985)
Sec. 13. Recordation of canvass and result; preparation of ballots for runoff election.
After the holding of such Mayor and Council Election it shall be the duty of the City Clerk, after the result thereof shall have been duly declared, to cause the canvass and result of such election to be duly noted in his records, and thereafter and within the time provided by law to cause the necessary ballots to be printed and distributed for use at the Runoff Election hereinafter referred to. The names of only such candidates who were not elected at such Mayor and Council Election, as hereinafter provided, shall, if proper and necessary, be printed on the ballots to be used in Runoff election.
(Election of 11-5-1985)
Sec. 14. [Reserved.]
Editor's note: Section 14 was repealed at the election of November 5, 1985.
Sec. 15. Majority vote to elect.
A. Every voter shall be entitled to vote for one candidate for office of Mayor and to vote for one candidate for the office of City Council Member from that voter's Council District.
B. Any candidate who at said Mayor and Council Election shall receive a majority of all the votes cast for that office at such election shall be elected to such office.
(Election of 11-5-1985)
Sec. 16. Runoff election.
A. If under the provisions of Section 15 the office of Mayor remains unfilled after the Mayor and Council Election, a Runoff Election shall be held later to fill the office. In the Runoff Election there shall be printed on the ballot the names of two candidates for the office. The names shall be those of the two unelected candidates polling the greatest numbers of votes in the Mayor and Council Election. The candidate who shall receive the highest number of votes at such Runoff Election shall be declared elected to the office of Mayor.
B. If under the provisions of Section 15 the office of Council Member in any Council District remains unfilled after the Mayor and Council Election, a Runoff Election shall be held in each such Council District later to fill such offices. In the Runoff Election there shall be printed on the ballot in each district in which a Council Office remains unfilled the names of two candidates for the office; the names shall be those of the two unelected candidates polling the greatest numbers of votes in the Mayor and Council Election. In the Runoff Election, the candidate polling the greatest number of votes shall be declared elected.
C. All ties in either election shall be decided by lot in the presence of the candidates concerned and under the direction of the election authorities.
(Election of 11-5-1985)
Sec. 17. [Reserved.]
Editor's note: Section 17 was repealed at the election of November 13, 1973.
Sec. 18. Gender of words.
Words used in the masculine gender in this Charter include the feminine.
CHAPTER XIII.
GENERAL PROVISIONS GOVERNING ELECTIONS*------------
State law references: Elections, A.R.S. § 16-101 et seq.
------------
Sec. 1. Conduct of elections.
The conduct of all City elections shall be under the control of the Council and the Council may, by ordinance, subject to the provisions of this Charter, provide for the holding of all municipal elections. The provisions of State Law governing elections, where not in conflict with the provisions of this Charter, in force at the time of any City election, shall govern such City election in matters for which no provision is made in this Charter or by ordinance and the Council shall exercise the powers and perform the duties conferred on or imposed by such laws; provided that where this Charter makes provisions relating to any matters contained in such State Laws, said Charter provision shall govern. The register of qualified electors of the City of Phoenix shall be compiled from the general county register, Maricopa County, Arizona, and the cancellations of registrations, Maricopa County, Arizona. The form of ballot shall be substantially as that prescribed by ordinance.
The Council shall be the canvassing board, which shall meet no earlier than the seventh day and no later than the fifteenth day after the election and canvass the votes and announce and declare the results of such election.
(Election of 11-9-1971; election of 9-11-2007, § 2)
Sec. 2. Council to be responsible for holding elections.
Prior to the holding of any City election provided for herein, the Council shall designate the necessary polling places, appoint the necessary judges and inspectors of election, and provide for the making up, printing and distribution of the ballots, and provide the necessary booths and paraphernalia for the holding of such elections.
(Election of 11-9-1971)
Sec. 3. Number of polling places; hours polling places to be kept open.
There shall be a sufficient number of polling places designated in the City of Phoenix for the casting of votes, and such polling places shall be kept open on the day of election from six (6) o'clock a.m., to seven (7) o'clock p.m.: provided, however, that the Council may by ordinance extend the hours during which polling places shall be kept open.
(Election of 11-9-1971)
Sec. 4. Qualifications of electors.
The qualification of electors shall be as required by the constitution and laws of the state for state and county electors.
State law references: Qualifications for registration, A.R.S. § 16-101.
Sec. 5. State law to control violations and campaign contributions and expenditures.
The laws of the state relative to violations of the election laws and the publicity of campaign contributions and expenditures of committees and candidates at primary, special and general elections, shall apply to City elections under this Charter and shall be enforced as provided in said state laws.
State law references: Election violations, A.R.S. § 16-1001 et seq.; campaign contributions, A.R.S. § 16-901 et seq.
Sec. 6. Elections may be held at same time as other elections.
Any election except Mayor and Council Election for Mayor or Council provided for herein may be held on the same date as any state, county or district election held under state law.
(Election of 11-5-1985)
Sec. 7. Voting systems.
The Council may provide for voting machines or an electronic voting system or both to be used in any of the elections provided for in this Charter, in which event the use of such machines or systems shall conform to the provisions of the general laws of the State of Arizona governing the use of voting machines or electronic voting systems where not in conflict with the provisions of this Charter or ordinances of the City.
(Election of 11-9-1971)
State law references: Voting equipment, A.R.S. §§ 16-421 et seq., 16-441 et seq.
Sec. 8. Limitation on number of special elections.
Except where a special election is required by the provisions of this Charter or is called for the purpose of seeking approval of the qualified electors to incur public debt, there shall not be held more than one special election in any period of six months.
(Election of 2-7-1984)
Sec. 9. Special elections to be conducted in same manner as general election.
All special elections herein provided for shall be conducted in the same manner and under the same provisions as are provided for the holding of general elections, including the qualifications of electors and the nomination of candidates.
(Election of 11-9-1971)
Sec. 10. Citywide, general elections.
Any Citywide election shall, for all purposes, be deemed to be a general election.
(Election of 11-6-2001)
CHAPTER XIV.
SPECIAL ELECTIONSSec. 1. To be conducted in same manner as general elections.
All special elections herein provided for shall be conducted in the same manner and under the same provisions as are provided for the holding of general elections, including the qualifications of electors and the nomination of candidates.
CHAPTER XV.
THE INITIATIVE*------------
Editor's note: The section catchlines in ch. XV were added by the editor.
State law references: Initiative and referendum, A.R.S. § 19-101 et seq.
------------
Sec. 1. Power of electors.
The qualified electors of this City shall have the power through the initiative to enact legislation to carry out or enforce the general powers of the City or of the City Council.
(Election of 11-9-1971)
Sec. 2. Adoption of State law.
The applicable requirements, limitations and authorities of Article IV, Part 1, Section 1, of the Constitution of Arizona, as now constituted and hereafter amended, and the applicable provisions of Title 19, Chapter 1, Articles 1, 2, 3 and 4, Arizona Revised Statutes, as now constituted and hereafter amended, relating to the powers of initiative are hereby adopted as provisions of this Charter governing the manner of exercising the initiative powers herein reserved.
(Election of 11-9-1971; election of 9-11-2007, § 3)
Sec. 3. Additional provisions.
In addition to the provisions of Section 2 hereof, the following provisions are adopted:
A. Such number of the qualified electors as shall equal fifteen per centum of the total number of votes cast at the last preceding general City election at which a Mayor was elected may propose measures on City matters.
B. An initiative petition shall be filed with the City Clerk within two years from the date on which the official number is assigned. If a petition is not filed prior to the end of this period, the petition shall be deemed expired and shall have no further effect. Signatures obtained more than six months prior to the date of filing shall be invalid and certified so by the Clerk.
C. The City Clerk shall determine the validity of all initiative petitions, the signatures thereon and the qualifications of the signators regardless of the apparent sufficiency or insufficiency thereof.
D. If the initiative petition accompanying the proposed ordinance is signed by qualified electors as required by subsection A of this Section, and contains a request that said ordinance be forthwith submitted to the vote of the people at the special election, then the Council shall either:
(1) Pass said ordinance without alteration within twenty (20) days after the attachment of the City Clerk's certificate to the sufficiency of the accompanying petition (subject to a referendary vote, under the provisions of Chapter XVI of this Charter); or
(2) Within twenty-five (25) days after the City Clerk shall have attached to the petition accompanying such ordinance his certificate of sufficiency, the Council shall either proceed to call a special election at which said ordinance without alteration shall be submitted to a vote of the people, or if a regular City election is to be held within six months after the City Clerk shall have attached his certificate of sufficiency to the petition the Council may elect to place said ordinance on the ballot at that regular election. The date of any such special election shall be on the next consolidated election date that is no earlier than one hundred twenty (120) days after the call for such election by the Council.
E. Amendments to this Charter proposed by initiative petitions shall not be adopted by the City Council but shall be submitted to a vote of the people either at a special election or at a regular City election as provided in subsection D(2) of this Section.
F. The City Council, by the affirmative vote of two-thirds of its Members, may adopt ordinances implementing and clarifying the manner of exercising the initiative not in conflict with this Charter, the Arizona Constitution, and the Laws of Arizona.
(Election of 11-9-1971; election of 9-11-2007, § 3, eff. 9-27-2007)
CHAPTER XVI.
THE REFERENDUM*------------
Editor's note: The section catchlines in ch. XVI were added by the editor.
State law references: Initiative and referendum, A.R.S. § 19-101 et seq.
------------
Sec. 1. Power of electors.
The qualified electors of this City shall have the power through the referendum to refer to the people a protest, demand for reconsideration, or repeal of legislation to carry out or enforce the general powers of the City or of the City Council.
(Election of 11-9-1971)
Sec. 2. Adoption of State law.
The applicable requirements, limitations and authorities of Article IV, Part 1, Section 1, of the Constitution of Arizona as now constituted and hereafter amended and the applicable provisions of Title 19, Chapter 1, Articles 1, 2, 3 and 4, Arizona Revised Statutes, as now constituted and hereafter amended, relating to the powers of referendum, are hereby adopted as provisions of this Charter governing the manner of exercising the referendum powers herein reserved.
Any ordinance or measure that the Council or the qualified electors of the City shall have the authority to enact, the Council may of its own motion submit to the electors for adoption or rejection at a general or special municipal election, in the same manner and with the same force and effect as is provided in this chapter [Charter] for ordinances or measures submitted on petition.
Sec. 3. Additional provisions.
In addition to the provisions of Section 2 hereof, the following provisions are adopted:
A. No ordinance passed by the Council shall go into effect before thirty days from the time of its final passage, except emergency measures adopted pursuant to the Arizona Constitution and this Charter. If during the said thirty days, a petition by qualified electors of the City, equal in number to ten per centum of the total number of votes cast at the last preceding general City election at which a Mayor was elected protesting the passage of such ordinance, or any item, section, or part thereof, is presented to the Council, such ordinance or item, section, or part thereof protested, shall be suspended from going into operation. It shall then be the duty of the Council to reconsider such ordinance. If the ordinance or an item, section or part thereof protested be not repealed, the Council shall submit the ordinance or item, section or part thereof protested to the electors of the City either at the next general election or at a special election to be called for that purpose. Such protested ordinance or protested item, section or part thereof shall not go into effect or become operative unless a majority of the qualified electors voting on the same ordinance, item, section or part vote in favor thereof.
B. The City Council, by the affirmative vote of two-thirds of its Members, may adopt ordinances implementing and clarifying the manner of exercising the referendum not in conflict with this chapter, the Arizona Constitution, and the Laws of Arizona.
(Election of 11-9-1971)
CHAPTER XVII.
THE RECALL*------------
Editor's note: The section catchlines in ch. XVII were added by the editor.
State law references: Recall, A.R.S. § 19-201 et seq.
------------
Sec. 1. Power of electors.
Every public officer of the City holding an elective office, either by election or appointment, is subject to recall from such office by the qualified electors of the City.
(Election of 11-9-1971)
Sec. 2. Adoption of State Law.
The applicable requirements, limitations and authorities of Article VIII, Part 1, Sections 1, 2, 3, 4, 5 and 6 of the Constitution of Arizona as now constituted and hereafter amended and the applicable provisions of Title 19, Article 1, Arizona Revised Statutes, as now constituted and hereafter amended, relating to recall are hereby adopted as provisions of this Charter governing the manner of exercising the recall powers herein reserved.
(Election of 11-9-1971)
Sec. 3. Additional provisions.
In addition to the provisions of Section 2 hereof the following provisions are adopted:
A. Such number of the qualified electors as shall equal twenty-five per centum of the total number of votes cast at the last preceding general City election for all of the candidates for the office held by an elected City officer may petition for his recall.
B. The City Clerk shall determine the validity of all recall petitions, the signatures thereon and the qualifications of the signators regardless of the apparent sufficiency or insufficiency thereof, and if certified insufficient shall return all original petitions to the person or persons filing the same.
C. The City Council, by the affirmative vote of two-thirds of its Members, may adopt ordinances implementing and clarifying the manner of exercising the recall not in conflict with this Charter, the Arizona Constitution, and the laws of Arizona.
(Election of 11-9-1971)
CHAPTER XVIII.
FINANCE AND TAXATION*------------
State law references: Taxation, A.R.S. § 42-1001 et seq.
------------
Sec. 1. Fiscal year.
The fiscal year of the City shall commence upon the first day of July of each year.
Sec. 2. Council to provide for tax system; use of County tax services.
The Council shall by ordinance provide a system for the assessment, levy and collection of all City taxes, not inconsistent with the provisions of this Charter.
The Council shall have power to avail itself by ordinance of any law of the State of Arizona, now or hereafter in force and comply with the requirements thereof whereby assessments may be made by the assessor of the county in which the City of Phoenix is situated, and taxes collected by the tax Collector of said county for and in behalf of the said City of Phoenix. Other provisions of this Charter concerning the assessment, levy and collection of taxes shall be subject to the provisions of any such ordinance while the same shall be in force.
Sec. 3. City Manager to prepare annual estimate.
On or before the first Monday in May in each year, or on such date in each year as shall be fixed by the Council, the Manager of the City shall prepare a careful estimate in writing of the amounts of money, specifying in detail the objects thereof, required for the business and conduct of the affairs of the City during the next ensuing fiscal year.
Sec. 4. Submission of estimates to Council; scope of Manager's estimate.
On or before the first Monday in June of each year, or on such date in each year as shall be fixed by the Council, the Manager shall submit to the Council the estimates of each department and his own personal report and recommendation and estimate as to the probable expenditures of the City for the next ensuing fiscal year, stating the amount in detail required to meet all expenditures necessary for City purposes, including interest and sinking funds for outstanding indebtedness, if any therein, also an estimate of the amount of income expected from all sources in each department, and the probable amount required to be raised by taxation to cover such expenditures, interest and sinking funds.
Sec. 5. Council to prepare budget; scope of budget.
The Council shall meet annually prior to fixing the tax levy and make a budget of the estimated amounts required to pay the expenses of conducting the business of the City government for the ensuing fiscal year. The budget shall be prepared in such detail as to the aggregate sum and the items thereof allowed to each department, office and subdivision of the City government, as the Council shall deem advisable.
Sec. 6. Preparation of estimates; budget; Council action.
A. Estimates and budget. On or before the first Tuesday in June of each year, or on such date in each year as shall be fixed by the Council, the Manager of the City shall submit to the Council a proposed budget for the ensuing fiscal year. The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year, and, except as required by law or this Charter, shall be in such form as the Manager deems desirable or the Council may require. The budget shall be so arranged as to show comparative figures of estimated income and expenditures for the current year; and estimated income, including the estimated property tax levy and the proposed expenditures for the coming fiscal year. Actual revenue and expenditure figures for the preceding fiscal year also may be included at the option of the Manager.
The budget shall show proposed expenditures for operating requirements and debt service during the ensuing fiscal year in such detail as the City Manager deems appropriate, proposed capital expenditures during the ensuing fiscal year; and anticipated fund balances at the beginning and end of the ensuing fiscal year.
The total of proposed expenditures shall not exceed the total of estimated income and fund balances.
B. Council action on budget.
(1) Notice and hearing. The City Council shall publish in one or more newspapers of general circulation in the City the general summary of the budget and a notice which states the time and places where copies of the budget are available for inspection by the public and the time and place, not less than two weeks after publication, for a public hearing on the budget.
(2) Amendment before adoption. After the public hearing, the Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required or limited by law or for outstanding bonded indebtedness, provided that no amendments to the budget shall increase appropriations to an amount greater than the total of estimated financial resources available to finance such appropriations.
(3) Adoption. The Council shall adopt the budget on or before the last day of June of the fiscal year currently ending. If it fails to adopt the budget by this date, the amounts appropriated for operating requirements and debt service for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month to month basis, with all appropriations prorated accordingly, until such time as the Council adopts the budget for the ensuing fiscal year. Adoption of the budget shall constitute appropriations of the amounts specified therein for the purpose of expenditure from the funds indicated.
(Election of 11-9-1971)
Sec. 7. Annual tax levy.
The Council must finally adopt, not later than the last regularly scheduled meeting in July, an ordinance levying upon the assessed valuation of the property of the City, subject to the provisions of this Charter, a rate of taxation upon each one hundred dollars or valuation sufficient to raise the amount estimated to be required in the annual budget, less the amounts estimated to be received from fines, licenses and other sources of revenue. The City Clerk shall then certify a copy of the tax levy ordinance to the county assessor, who shall compute and carry out the amount of the taxes so levied upon each parcel of property contained within the City limits.
(Election of 11-5-1985)
Sec. 8. Limitation on tax levy.
The tax levy authorized by the Council to meet the municipal expenses for each fiscal year shall not exceed, except as herein provided, the rate of $1.00 on each one hundred (100) dollars of the assessed value of all real and personal property within the City.
Sec. 9. Taxes to be uniform and for public purposes only; property to be assessed at full cash value; full cash value defined.
All taxes shall be uniform upon the same class of property within the corporate limits, and shall be levied and collected for public purposes only; and all property shall be assessed at its full cash value. The term "full cash value," as used herein shall mean the price at which the property would sell if voluntarily offered for sale by the owner thereof, upon such terms as like property is usually sold and not the price which might be realized if it were sold at forced sale.
Sec. 10. Tax exempt property; widow's exemption; provisions for making certain other classes of property exempt; limitation on tax ordinances.
There shall be exempt from taxation all federal, state, county and municipal property; property of educational, charitable and religious associations and institutions not used or held for profit shall be exempted from taxation.
Public debts, as evidenced by the bonds of Arizona, its counties, municipalities, or other subdivisions, shall be exempt from taxation. There shall further be exempt from taxation the property of widows, resident of this City, not exceeding the sum of one thousand (1000) dollars, where the total assessment of said widow does not exceed two thousand (2000) dollars.
All property in the City not exempt under the laws of the United States, the laws of the State of Arizona, under the Charter and ordinances of this City, shall be subject to taxation, to be ascertained as provided by ordinance; provided, however, that when not in conflict with law the Council may by ordinance submitted to and approved by the qualified electors of the City, under the provisions of Chapter XVI of this Charter, exempt in part or in whole improvements on real estate, also personal property, exclusively used in the operation and maintenance of manufactories in the City.
No tax shall be levied except in pursuance of this Charter, and every ordinance imposing a tax shall state distinctly the object of the tax, to which object only it shall be applied.
Sec. 11. Additional taxes for special purposes.
The Council shall have the power to levy and collect taxes in addition to the taxes herein authorized to be levied and collected, sufficient to pay the interest and maintain the sinking fund of the bonded indebtedness of the City and to provide for the establishment and support of free public libraries and reading rooms.
Sec. 12. Cash basis fund set up; transfer of sums from cash basis fund to other funds; transfer of sums from any funds to interest funds.
The Council shall create and maintain a permanent revolving fund to be known as the Cash Basis Fund, for the purpose of putting the payment of the running expenses of the City on a cash basis. For this purpose the Council shall provide that from the money collected from the annual tax levy, and from the money received from other sources, a sum equal to not less than two and one-half (2 1/2) cents on each one hundred (100) dollars of the assessed value of said property shall be placed in such fund until the accumulated amount of such fund shall be sufficient to meet all legal demands against the Treasury for the first four (4) months or other necessary period of the succeeding fiscal year.
The Council shall have power to transfer from the Cash Basis Fund to any other fund or funds such sum or sums as may be required for the purpose of placing such fund or funds, as nearly as possible, on a cash basis. It shall be the duty of the Council to provide that all moneys so transferred from the Cash Basis Fund shall be returned thereto before the end of the fiscal year.
Whenever there shall not be sufficient moneys, in any of the interest funds for the bonded indebtedness of the City to pay the interest on such bonded indebtedness when due, the Council shall direct the transfer from the general or any other fund having moneys therein to such interest funds the necessary amounts of money to pay the interest on said bonded indebtedness, and the amounts so transferred shall be returned to the respective funds from which such transfer was made whenever sufficient moneys shall accrue in said bonded indebtedness funds, from the regular tax levied therefor.
Sec. 13. Tax liens.
All taxes assessed, together with any percentage imposed for delinquency and cost of collection, shall continue liens on the property assessed; every tax on personal property shall also be a lien upon the real property of the owner thereof. The lien provided for in this section shall attach as of the first Monday in January of each year, and may be enforced by actions in any court of competent jurisdiction to foreclose such liens, or by a sale of the property affected and the execution and delivery of all necessary certificates and deeds therefor, under such regulations as are now prescribed by Statutes of Arizona for the foreclosure and collection of tax liens, or under such regulations for the foreclosure and collection of tax liens, as may hereafter be prescribed by the Council by ordinance, power to prescribe which regulations is hereby given and vested in said Council. Provided, however, that when real estate is offered for sale for City taxes due thereon, and there is no bidder therefor, the same shall be struck off and sold to the City, in like case and in like manner and with like effect and with like right of redemption, as it may be struck off and sold to the State when offered for sale for State and county taxes; and the Council shall have the power to provide for the procedure to be followed in such sales to the City and redemption thereafter.
Sec. 14. Claims or demands against the City.
The City Manager or his designee must not hear or consider any claim in favor of anyone against the City unless an account properly made out giving all the items of the claim, is presented to him within one year after the last item of the account accrued, except claims of officers and employees of the City for their salaries. When the Manager finds that any claim presented is not payable by the City, or is not a proper City charge, it must be rejected; if he finds it to be a proper City charge but for a greater amount than is due, the Manager may allow the claim in part and order paid the portion allowed. A claimant who is not satisfied with the rejection of his claim or demand, or the amount allowed him on his account may sue the City therefor at any time within three months after final action of the Manager. No demand on the City shall be allowed by the Manager in favor of any person in any manner indebted to the City, without first deducting such indebtedness, or in favor of any officer whose accounts shall not have been rendered and approved or who shall have neglected or refused to make his official returns or reports in writing, as required by the provisions of this Charter, or in favor of any officer who shall wilfully neglect and refuse to perform any of the duties of his office.
The Manager or his designee shall have the power to question any person presenting a demand on the City, or the agent or attorney of such person, or any other person, in order to ascertain any facts necessary or proper for him to know in order to determine the allowance or disallowance of such demand. Money shall be drawn from the Treasury, except as otherwise provided in this Charter, only upon warrants signed by the Manager and City Clerk, and claims and demands against the City shall be paid only upon such claims and demands being duly allowed by the Manager or his designee.
(Election of 11-9-1971)
Sec. 15. Warrants to be drawn upon Treasury only if money available in appropriate fund; claims for running expenses and purchases not to exceed amount appropriated for running expenses.
No warrant shall be drawn upon the Treasury for running expenses, nor shall any claim for such expense be allowed, unless there shall then be money in the appropriate fund in the Treasury sufficient to pay the same. Any warrant issued in violation of this section or any claim allowed contrary to its provisions, shall be invalid and unenforceable.
And no claim, on account of running expenses, which with the aggregate with all other claims theretofore allowed for such expenses during any fiscal year, which exceeds the amount appropriated for running expenses for that year, shall constitute a valid demand against the City.
And it shall be unlawful for any officer, agent, or employee of the City to purchase any materials, or supplies, or employ any labor, or service, the cost of which, with the aggregate of the cost of materials, or supplies, labor or service theretofore purchased or employed during the then current year, shall exceed the amount appropriated for running expenses for that year.
Notwithstanding any provision of this Charter to the contrary the Council shall have the power to establish a Check Purchase Order System utilizing an Imprest Checking Account for limited routine expenditures. Any Ordinance establishing such a system shall specify the circumstances under which the system may be employed, including the limitations on the type of transactions subject to the system, amounts that may be expended and the classes of employees that may be authorized to make use of the system. The City Manager shall designate and appoint in writing those individual employees authorized to use the Check Purchase Order System. The Imprest Checking Account shall be funded by warrant in an amount determined by the Council.
(Election of 11-6-1979)
Sec. 16. Disposition of City funds collected or received.
Every officer collecting or receiving any moneys belonging to or for the use of the City shall settle for the same with the City Treasurer on or before the last day of each month or at more frequent intervals as may be directed by the Manager, and immediately pay the same to the City Treasurer, for the benefit of the funds to which said moneys severally belongs. When the last day of the month falls on Sunday or a legal holiday, the said payments shall be made on the next preceding business day.
Sec. 17. Depositories for City moneys; investments.
In addition to authority granted by Arizona Statutes, the Council may cause City moneys to be deposited or invested in Certificates of Deposit or other forms of deposit or investment, in any financial institution within the United States, upon sufficient security being given the City therefor by said financial institution, the policies and administration relating to such investments and security to be as provided by ordinance adopted by the Council.