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HomeMy WebLinkAboutCity Clerk - Administration and Management Records - Organizational Reporting Records (7)Proposed GLENDALE CITY CHARTER Framed by the Board of Free- holders eiecled at the Special Election hsld December 10.* 1956. acting as a Charter Commiltee, and respectfully submitted to the qualified electors of the City for their adoption and approval for the government of the Cily of Glendale as a Home Rule City. March 7, 1957 GLENDALE CITY CHARTER ARTICLE I INCORPORATION, FORM OF GOVERNMENT, POWERS AND BOUNDARIES Section 1. Incorporation The inhabitants "of the City of Glendale, within the corporate limits as now established 'or as hereafter established in the man- ner provided by law, shall con- tinue to be a municipal body pol- itic^ and corporate in perpetuity, under the name of the "City of Glendale". Seclion 2. Form of government The municipal government pro- vided by this charter shall' be known as the COUNCIL-MAN- AGER GOVERNMENT. Pursuant to it provisions and subject only to the limitations imposed by the state constitution and by this charter, all powers of the city shall be vested in an elective council, hereinafter referred to as "the council", which shall en- act local legislation, adopt bud- gets, determine policies, and ap- point the city manager'and such other officers deemed necessary and proper for the orderly gov- ernment and administration of the affairs of the city, as pre- scribed by the constitution "and applicable laws, and ordinances hereafter adopted by the city. All powers of the city shall be exercised in the manner pre- scribed by this charter, or if "the manner be not prescribed, then in such manner as may be pre- scribed by ordinance. Section 3. Powers of city The city shall have all the powers granted to municipal cor- porations and to cities by the con- stitution and laws of this state and by this charter, together with all the implied powers necessary to carry into execution all the powers granted. The city may ac- quire property within or without its corporate limits for any city purpose, in fee simple or any lesser interest or estate, by pur- chase, gift, devise, lease or con- demnation and may sell, lease, murtgage, hold, manage and con- trol such property as its interests may require. Except as prohibit- ed by the constitution" of this state or restricted by this char- ter, the city shall and may ex- ercise all municipal powers, func- tions, rights, privileges and im- .mi.inities ot every name and na- ture wnatsoever, and especially to enter into contracts, cooperative and otherwise, with the govern- ment of the United States, the State of Arizona, Maricopa Coun- ty, or any other municipal cor- poration of this state for the con- struction, maintenance and oper- tii.iun 01 roaa^, nig-rtways, pai-Ks, sewers, waterworks, public utili- ties, and buildings (when used for public purposes), all when deemed for the best interest of the city. Tlie enumeration of par- ticular powers by this charter shall not be deemed to be exclus- tvs, and in addition to the powers ej-iumerated herein or implied hereby, or appropriate to the ex- ercise of such powers, it is in- tended that "the city shall have and may exercise all powers which under the constitution of this state, it would be competent for this charter specifically to enumerate. yection 4. Boundaries The boundaries of the city shall be the boundaries as established at the time this charter takes ef- feet, or as such boundaries inay be changed thereafter in the man- ner authorized by law. ARTICLE II THE COUNCIL Section 1. Powers of the coun- cil All powers of the city, not in conflict with the constitution and subject to the limitations of this charter, shall be vested in the council, who shall enact appro- priate legislation and do and per- form any and all acts and things which may be necessary and pro- per to carry out these powers or any of the provisions of this char- ter. Section 2. Number: selection The council shall consist of a mayor and six (6) councilmen elected from the city at large. Section 3. Term of mayor; election in 1958 The term of office of the mayor shall commence at 7:30 P.M. on the first regular meeting of the council in June following his election, and shall be for two (2) years or until his successor is elected and qualified. The first election for mayor shall be held at the primary and general elec- tions in 1958, as provided in this charter. However, until that time, the mayor shall be elected by and from among the membership of the council as provided by law. Section 4. Terms of councilmen; election in 1958; designation of l"nc!-Ierm and short-lerm coun- cilmen The terms of office of council- men shall commence at 7:30 P.M. on the first regular meeting of the council in June following their election, and, except as otherwise herein provided," shall be for four (4) years or until their successors are elected and quali- fied. However, the terms of the present elected council shall not be shortened and the present in- cumbents or their duly appointed successors shall serve their elect- ed terms. At the primary and e^neral elections to be held in 1958, as provided in this charter, six (6) councilmen are to be elected. The councilmen so elect- ed shall be divided into long- term and short-term councilmen. The three (3) receiving the high- est number of votes shall fill said offices for the long terms and the other three (3) shall fill said offices for the short terms. The long-term councilmen shall serve full four-year terms or until their successors are elected and quali- fied; the short-term councilmen shall serve two-year terms or un- til their successors are elected and qualified. Thereafter, bi-annually, three (3) councilmen shall be elected for four-year terms, or until their successors are elected and qualified. Section 5. Qualifications The mayor and councilmen shall be qualified electors and freeholders of the city and shall hold no other public office for which they receive conipen- sation except that of a notary public or member of the Nation- al Guard or naval or military reserve, and shall have resided in said' city for three (3) years next preceding the date of such election or appointment. If the mayor or a councilman shall cease to possess any of these qualifications or shall be con- victed of a crime involving mor- al turpitude, his office shall im- mediately become vacant. Sscton S. Duties of mayor The mayor shall be the chair- man of the council and preside over its deliberations. He may make and second motions and shall have a voice and vote in all its proceedings. He shall be recognized as head of the city government for all ceremonial purposes and by _.the governor for purposes of military law, but shall have no regular adminis- trative duties. Section 7. Mayor pro tempore The council shall -designate one of its members as mayor pro tem- pore, who shall serve in such ca- pacity at the pleasure of the council. The mayor pro tempore shall perform the duties of the mayor" during his absence or dis- ability. Section 8. Salaries of mayor and councilmen The annual salary of the may- or shall be $1200 annually and the salaries of councilmen shall be $600 annually, payable in monthly installments, u nt il changed by ordinance, but shall not be increased during the cur- rent term of mayor and council- men voting on the enactmen.t of such ordinance. Section 9. Council to be judge of qualifications of its members The council shall be the judge of the election and qualifications of its members and for such pur- pose shall have power to subpoe- ha witnesses and require the pro- duction of records, but the de- cision of the council in any such case shall be subject to review by the courts. Section 10. Induction of mayor and council into office At 7:30 P.M. on the first regu- lar meeting in June following the general election, the council shall hold a meeting for the purpose of inducting the newly elected mayor and councilmen, and to or- ganize the council. Section 11. Absence lo terminate membership M any councilman shall be ab- sent from more than two (2) con- secutive regular meetings with- out the consent of the council, he shall thereupon cease to hold office. If the mayor shall be absent for more than two (2) consecu- tive regular meetings without the consent of the council, he shall thereupon cease to hold office. Section 12. Vacancies in council and office of mayor The council, by a majority vote of its remaining members, shall fill the vacancies in its own mem- bership and in the office of mayor for the unexpired terms. Section 13. Council meetings; open to public The council shall meet regular- ly at such times and at such place as may be prescribed by its rules, but not less frequently than two times each month. All meetings of the council shall be open to the public. , Section 14. Special ineelings The mayor may, or at the re- quest of three (3) members of the council shall, by giving notice thereof to all members of the council then in the city, call a special meeting of the council for a time not earlier than three (3) nor later than forty-eight (48) hours after the notice is given. Special meetings of the council may also be held at any time by the common consent of all the members of the council. Section 15. Rules of procedure; journal The council shall determine its own rules and order of business subject to the provisions of this charter. It shall keep a journal of its proceedings and the journal shall be open to public inspec- tion. Section 16. Quorum; ayes and nays A majority of the members of the council shall constitute a quorum, but a smaller number inay adjourn from day to day or from time to time. The vote on any question shall be by ayes and nays and shall be entered in the journal. Section 17. Failure to vote No member of the council shall be excused from voting except upon matters involving the con- sideration of his own official con- duet. In all other cases a failure to vote shall be entered on the minutes as an affirmative vote. Section 18. Consideration of pe- titions Any citizen of the city may ap- pear before the council at any regular meeting and present a written petition; such petition shall be acted upon by the coun- cil, in the regular course of bus- iness, within 'thirty (30) days. Section 19. Interference in ad- ministraiive service Except as otherwise provided in this charter, neither the coun- cil nor any of its merabers shall interfere with the execution by the city manager of his powers and duties, or order, directly or indirectly, the appointment by the city manager of any person to an office or employment or his removal therefrom. Except for purposes of inquiry, the coun- oil and its naembers shall deal with the administrative service under the city manager solely through the city manager, and neither the council nor any mem- ber thereof shall give orders to any subordinate of the city man- ager, either publicly or privately. Nothing in this section shall be construed, however, as prohibit- ing the council while in open session from fully and freely dis- cussing with or suggesting to the city manager anything pertain- ing to city affairs or the interests of the city. Section 20. Conduct of council as to powers authorized 'by char- ter when no procedure estab- lished by state law Whenever, by any provisions of this charter, it is prescribed that any power, duty or proced- ure shall" or may be exercised, performed or adopted in the man- ner established by any law of this state, and there be no pro- cedure established by law there- for, then the council shall by ordinance prescribe the proced- ure. ARTICLE III THE CITY MANAGER Section 1. Appointment of city manager The council shall appoint an officer of the city who shall have the title of city manager and shall have the powers and perform the duties in this charter provided. No councilman shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. Section 2. The city manager; qualifications 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 ex- perience in, or his knowledge of, accepted practice in respect to the duties of his office as here- inafter set forth. At the time of his appointment, he need not be a resident of the city or state, but during his tenure of office he shall reside within the city. Section 3. City manager; pow- ers and duties The city manager shall be the chief executive officer and head of the administrative branch of the city government. He shall be responsible for the proper admin- istration of all affairs of the city and to that end, subject to the provisions of this charter, he shall have power and shall be required to: (1) Devote his entire time to .the discharge of his offical duties, attend all meetings of the council unless excused therefrom by the council or the Mayor; (2) See that all ordinances are enforced, and that the provisions of all franchises, leases, contracts, permits and privileges granted by the city are observed; (3) Appoint, and when deemed necessary for the good of the ser- vice, lay-off, suspend, transfer, demote or remove all department heads, officers and employees of the city, subject to such merit system regulations as the council may adopt; (4) Prepare the annual budget estimates and submit them to the council and be responsible for the administration of the budget after adoption; (5) Keep the council advised at all times of the affairs and needs of the city, and make reports an- nually, or more frequently if re- quested by the council, of all the affairs of the city; (6) Act as purchasing agent for all departments of the city; (7) Have such other powers, duties and functions as this char- ter may prescribe, and such powers, duties and functions con- sistent'with this charter as the council may prescribe. Section 4. Right of city man- ger to seat in council The city manager shall be en- titled to a seat in the council, but shall have no vote therein. The city manager shall have the right to 'take part in the discussion of all matters coming before the council. SecKon 5. Acting city manager If the city manager is absent from the city, is unable to per- form his duties, or is suspended by the council, or if there is a vacancy in the office of the city manager, the council shall appoint an acting city manager to serve until the city manager returns, until his disability or suspension ceases, or until another city man- ager is appointed and ^qualifies, as the case may be. No acting city manager shall hold his posi- tioh as such for more than four (4) months, and no appointment of an acting city manager shall be renewed. When there is a vacancy in the office, the council shall fill the position within four (4) months of the creation of the vacancy. Section 6. Removal of city man- ager "The council shall appoint the city manager for an indefinite term and may remove him by a majority vote of its members. At least thirty (30) days before such removal shall become effective, the council shall by a majority vote of its members adopt a pre- liminary resolution stating the reasons for his removal. Within ten (10) days, the city manager may 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 after the filing of such request. After such pub- lie hearing, if one be requested, and after "full consideration, the council by majority vote of its members may adopt a final reso- ]ution of removal. By the pre- liminary resolution the council may suspend the manager from duty. If the removal is for mal- feasance, or misfeasance , in the performance of his duties or he shall be convicted of a crime in- volving moral turpitude, the council shall Cause -to be paid him any salary due him to'the date of the preliminry resolu- tion. Otherwise, the ~ manager shall be paid forthwith upon his removal his salary for the next two (2) calendar months follow- mg the adoption of the prelim- inary resolution of removal. ARTICLE IV ADMINISTRATIVE DEPARTMENTS, OFFICES AND EMPLOYEES Section 1. Adminislrative de- partments and offices The council, by ordinance not inconsistent with this charter, shall provide for the organiza- tion, conduct and operation of the several offices and depart- ments of the city as established by this charter, for the creation of additional departments, divis- ions, offices and agencies and for their consolidation, alteration or abolition. The council, by ordinance not inconsistent with this charter, may assign additional functions or duties to offices, departments or agencies. Where the" positions are not incompatible, the council may combine in one person the powers and duties of two or more offices created or authorized by this charter. : The council shall provide for the number, titles, qualifications, powers, duties and compensation of all officers and employees of the city. Section 2. City clerk The council shall appoint an officer of the city, who shall have the title of city clerk, and who shall give notice of all council meetings, keep the journal of the council's proceedings, authenti- cate by his signature' and record in full in books kept for the pur- poses all ordinances and resolu- tions, and shall perform such other duties as shall be required by this charter or by ordinance. He will serve at 'the pleasure of the council, Section 3. City treasurer The council shall appoint an officer of the city, who shall have the title of city treasurer, and who shall receive and have cus- tody of all the money of the city and shall keep and save said money and dispense the same only as provided by the laws of this state, or as provided by or- dinance, and who shall always be bound by .the constitution, laws and ordinances and upon whom legal garnishments and'de- mands may be served. He will serve at the pleasure of the coun- oil. Section 4. City atiorney The council shall appoint the city attorney who shall be the chief legal adviser of all officers, departments and agencies and of all officers and employees in mat- ters relating to their official pow- ers and duties. He shall represent the city in all legal proceedings. It shall be his duty to perform all services incident to his posi- tion as may be required by'&ta- tute, by this charter or by ordi- nance. He will serve at the pleas- ure of the council. Section 5. Merit basis of ap- poinlmenl Appointments and promotions in the administrative service of the city shall be made in accord- ance to merit and fitness to be ascertained, so far as practicable, by competitive examination. Section 6. Merit system to be established The council shall, by ordinance, provide for the establishment of a merit system for the purpose of regulating and controlling the ap- pointments, promotions, demo- tions. discharges and reinstate- naents of all officers and employ- ees of the city except those elected by the people and also except the city manager, city clerk, city treasurer, city attor- ney and city judge. ARTICLE V APPOINTIVE BOARDS AND COMMISSIONS Section I. Appointive boards and commissions The council may, by ordinance, create boards or commissions as in its judgment are required or as are now or hereafter .provided by law, and may grant "to them such power and duties as are con- sistent with the provisions of this charter. Section 2. Mayor and city man- ager ex-officio -menibers The mayor and city manager shall be ex-officio members, with- out voting privileges, of all boards and commissions. ARTICLE VI FINANCE AND TAXATION Section 1. Fiscal year The fiscal year of the city shall commence on the first day of July of each year. Section 2. Council to provide for tax system, use of county ser- vices The council shall by ordinance provide a system for the assess- ment, 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 this state, now or hereafter in force, and comply with the re- quirements thereof whereby as- sessments may be made by the assessor of the county in which the city is situated, and taxes col- lected by the tax collector of said county for and in behalf of the city. Other provisions of this charter concerning the assess- men,t, levy and collection of taxes shall be subject to the provisions of any such Ordinance while the same shall be in force Section 3. Submission of esti- males to council; scope of city manager's estimate On or before the first regular council meeting in June of each year, or on such date in each year as shall be fixed by the council, the city manager shall prepare and submit in writing to the council the estimates of each department and his own personal report and recon-unendation and estimate as to the probable ex- penditures 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 and outstand- ing indebtedness, if there be any; also an estimate of the amount of income expected from all sources in each department, and the prob- able amount required to be raised by taxation "to" cover such ex- penditures, interest and sinking fund. Section 4. Preparation and ten- lalive adoption of a budget; pub- licalion of budget and notice of meeting to fix tax levies The council shall meet annual- ly prior to fixing the tax levy, and make a budget of the esti- mated amounts required to pay the expenses of conducting the business of the city for the ensu- ing fiscal year. The budget shall be prepared in such detail as to show the aggregate sum and the items thereof allowed for each and every purpose, and such budget, together with a notice that the council will meet for the purpose of making tax levies, in accordance with said budget, at the time and place set out in said notice, shall be published in the official newspaper of the city once a week for at least two con- secutive weeks following the ten- tative adoption of Such budget. Section 5. Public hearing and adoption of budget The council shall, at the first regular meeting in July and at the time and place designated in such notice, hold a public hearing when or where any taxpayer who may appear shall be heard in favor of "or against any proposed expenditure or tax levy. When such hearing shall have been cqn- eluded, the'council shall finally determine and adopt estimates of proposed expenditures for the various purposes as set forth in the published proposal and such adopted estimates will consitute the'budget for the Current fiscal year. The total amounts in the budget proposed for expenditure shall not exceed the total amounts proposed for expenditure in the published estimate. Section 6. Adoption of ordin- ance fixing tax rate On the day set for making tax levies, but 'not later than the third' Monday in August, the council shall meet and adopt an ordinance levying upon the as- sessed valuation of the property within the city, subject to the provisions of this. charter, a rate of taxation upon each one hun- dred ($100.00) dollars of'valua- tion. 'sufficient to raise .the' amounts estimated to be required m the annual budget, less the amounts estimated to be received from fines, licenses and other sources of revenue. Section 7. Additional laxes 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 col- lected, sufficient to pay the inter-est and maintain the sinking fund of the bonded indebtedness of the city, and to provide for the estab- lishment and support of free pub- lie libraries, and for advertising the advantages of the city, and an additional amount deemed to be advisable and necessary ^ to create a reserve fund to provide for replacement of equipment for the furnishing of city "services and the maintenance of all munici- pally owned and operated utili- 'The council shall have Jhe power to levy_a Transaction Pn- vilege Tax (Sales Tax) subject to approval by a majority of the qualified electors voting in the election. Section 8. Taxes lo be uniform and" "for public purposes only; property lo be assessed as pro- vided by law All taxes shall be uniform up- on"the same class of property within" the corporate limits, _ and shall be levied and collected public purposes only. All proper-; ty shall be assessed as provided by law. Section 9. Tax exempt property All the property within the city shall be subject to taxation, to be ascertained -as provided by ordi- nance, except ths.t property which is exempt from taxes un- der the laws of the United States, the laws of this state. under this charter and ordinances of this city. Section 10. Budget establishes appropriations; naelhod of expen- dilure From the effective date of the budget, the several amounts stat- ed therein 'as proposed expendi- tures shall be and become . ap- propriated to the several objects and purposes therein named and may be changed only by ordi- nance. The council shall, by ordi- nance, provide for the method of expending the appropriations suibject to the limitations of this charter. Section 11. Transfer of approp- nations The city manager ma,y at any time transfer any unencumbered appropriation balance or portion thereof between general classi- fications of expenditures an office, department or agency. At the request of the city man- ager and within the last three months of the fiscal year. the council may by ordinance trans- fer any unencumbered appropri- ation balance or portion thereof from one office, department or agency to another. 'Section 12. Appropriations lapse at end of'year All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. Section 13. Claims or demands against the city The council shall prescribe by ordinance the manner in which cla'ims or demand's against the city shall be presented, audited and paid. Section 14. Cash basis fund set up; transfer of sums from cash basis fund to other funds The council may by ordinance create and maintain a perma- nent 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 pur- pose tne council may pjroviae that from the money collected from the annual tax levy, _ and from the money received from other sources, a sum equal _to_npt less than two and one-half cents' on each one hundred (100) dollars of the assessed value of said property shall be placed W such fund until the accumulated amount of such fund shall be sufficient to meet all legal de- mands"against the treasiu-y for the first four (4) months or other necessary period of the succeed- ing fiscal year. The council shall have po.w_ r to transfer from the Cash Basis Fund to any other fund or funds such sum or sums as may be re- quired for the purpose of placing such fund or funds._ as. neariy as possible, on a cash basis. It be the duty of the coiincil to pro- vide that all money so transfer- red from the Cash Basis Fund shall be returned thereto before the end of the fiscal year. Section 15. Transfer of sums from any funds to interest funds Whenever there shall not be sufficient moneys, in any of_ the interest funds for the bonded in- debtedness of the city to pay the interest on such bonded indebted- ness when due, the council shall direct the transfer from the gen- eral or any other fund haying moneys therein to such interest funds the necessary amounts of money to Ray_ the interest on said bonded indebtedness, and the amount so transferred shall be returned to the respective funds from which such transfer was made whenever sufficient moneys shall accrue in said bonded in- dpbtedness funds, from the regu- lar tax levied therefor. Section 16. Independent annual audit Prior to the end of _each. fiscal year the council shall designate qualified public accountants who, as of the end of _the fiscal year, shall make an independent _ audit of accounts and other evidences of financial trnsactions of the city goverment and shall submit their report to the council and to the city manager. Such ac- countants shall have no personal interest, direct or indirect, in the fiscal affairs of the city govern- ment or of any of its officers. They shall not maintain any ac- counts or records of the city busi- ness, but, within specifications ap- proved by the council, shall post- audit the books and documents kept by the city and any separateor "subordinate' accounts kept by any other office, department or agency of the city government. ARTICLE VII ORDINANCES AND RESOLUTIONS Section 1. Council to act by resolution or ordinance The council shall act by reso- lution or ordinance. Section 2. Ayes and nays to recorded _ " . . , The ayes and nays shall be tafc- en upon the passage of all^ordi- nances and resolutions and en- tered upon the journal of the proceedings of _ the council. Section^. When maiority vote required A majority vote of members of 'the council shall be necessary to pass any ordinance or resolution having the effect of an ordinance. Section 4. Enacting style^ The enacting clause of all or- dinances passed by the council shall be in these words: "Be^it ordained by the council of .the City~of~Glendale as follows:". Section 5. When actions to be taken by ordinance Actions providing for any spe- cific imprbveinent, for the ap- propriation or expenditure of any public money in excess of the sum of $500" unless the amount has been appropriated in the adopted budget, for the appropn- ation. acquisition, sale or lease of public 'property, for the levy- inE'of any tax or assessment. esta'blishmg or changing _ fire limits, or for the imposing of any penalty^ shall be taken by ordi- nance;'provided, that such excep; tion be observed as may be called for in cases where the council takes action in pursuance of a law of the state. Section 6. Reading and passags of ordinances and resolutions; ef- fective dat® All proposed ordinances resolutions having the effect^ of ordinances shall be read in full when introduced at a meeting of the council. After the first reading, the ordinance may be .referred to a committefi, individ- ual. or officer of the city for in- ves'tigation, or action -may be .postponed to any subsequent meeting. At any subsequent meet- ing, riot to exceed three months from the date of the first reading, the proposed measure shall be read the second, time m fulT provided that if there be no 'obleotion by any member it may be read by title . only and placed upon its final passage. By unanimous consent of the council, a measure may be read a second time at the same meet- m'K as when introduced and plac- ed upon final passage. Me'asures without the emer- gency clause shall take effect and become operative thirty (30) days after the date of their pass- Section 7. Emergrency imeas- ures; effective dale Ah emergency measure is one passed by "the affirmative yol te of'three-fourths of the members of'the council for the immediate )reservation of the public peace, lealth or safety, in which the emergency is set forth and de- fined. An emergency measure may be placed upon its second reading and final passage at the same meeting as when first in- troduced upon the affirmative vote of three-fourths of the members of the council taken by "ayes" and "nays". An emergency measure shall take effect immediately upon its passage. Section 8. Motions lo .recon- sider When a.n 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. Section 9. Signing of ordinances and resolutions All ordinances and resolutions shall be signed by the mayor and attest by the city clerk. Section 10. Publication of or- dinances and resolutions All ordinances, except those necessary for the immediate preservation of the peace, health QT sa'fety of the city. and reso- lutions havin.g the effect of ordi- nances, shall be published at least once in the official news- paper of the city before they ibecome effective and operative. Emergency ordinances neces- sary for the imnaediate preserva- tion of the peace, health or safe- ty of the city which have been passed by the necessary three- fourths vote of the members of the council and become effective and operative immediately, shall 'be published in the official news- pa.per of the city within fifteen (15) days after their passage. Section 11. How ordinances to be revised, re-enacled and amended Ordinances shall not be revis- ed, re-enacted or amended by reference to title only. but the ordinance to be revised or re- en.ac.ed, or the section or sections thereof to be amended, or the new section or seciiorus to fce added thereto, shall be set forth and adapted in the method provided in this charter for the addption of ordinances. Section 12. How ordinances to bs repealed or suspended No ordinance or section thereof shall be repealed or suspended except by ordinance adopted in the manner provided in this char- ter. Section 13. Ordinances and res- 'olutions to be filed, recorded and certified; ordinances and resolu- lions 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 ms.rked "City Ordi- nances" and "City Resolutions" respectively; and record copies thereof certified by the city clerk. or the originals thereof shall be prima facie evidence of the con- tents of such ordinances or reso- lutions and of the due passage and publication of the same. and shall be admissible in evidence in any court of this state, or in any proceeding where the con- tents of such ordinance or reso- lution, 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 any ordinance or resolution in the manner otherwise pre- scribed by law. Section 14. Procedure for adop- tion by reference The council may enact the pro- visions of a code or public rec- ord theretofore in existence with- out setting forth such provisions, but the adopi tin'g ordinance shall be published in full. At least three (3) copies of the code or public record shall be filed in the office of the city clerk and kept available for public use and in- spection. A code or public rec- ord enacted by reference may be amended in the same manner. No penalty clause shall be en- acted - by reference thereto. A penalty clause contained in a code or public record adopted by reference shall be set forth in full in the adopting ordinance. Section 15. Recording of certain ordinances All ordinances extending or changing the boundaries of the city. zoning territory or estab- lishlng or vacating of, streets, alleys" or subdivisions, after pub- lication. shall be recorded in the office of the County Recorder of Maj-icopa County, and, after be- ing so recorded, the same shall constitute public notice to all parties of the legal import there- of. Section 16. Codification of or- dinanoes Any and all ordinances of '^he city which have been enacted and published in the manner required &t the time of their adoption, and which have not been repeal- ed, may be compiled, consolidat- ed. revised, indexed and arranfi- ed as a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance, by the passage of any ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than three (3) copies thereof shall be filed for use and examination by the public in the office of the city clerk prior to the adoption thereof. Ordinances codified shall be repealed as of the effective date of the code. Amendments to the code shall be enacted in the same manner as ordinances. ARTICLE VIII CONTRACTS Section 1. Preparation All contracts shall be drawn. under the supervision of the city attorney, must be in writing, ex- ecuted in the na.me of the City of Glendale by the mayor, except as it may be otherwise provided either by this charter or by law, and must be countersigned by the city clerk, who shall number and register the same in a book kept for that ourpose, Section 2. Contracts for city improveinents Any city improvement costing more than $2,000 shall be execut- ed by contract except where such im'provemen't is authorized by the council to be executed directly by a city department in conform- ity with detailed plans, apecifica- tions and estimates. All such con- tracts for more than $2,000 s'hall be awarded to the lowest respon- sible bidder after such public notice and competition as provid- ed in this charter. Section 3. Purchases The city manager shall con- tract for and piu-chase, or issue purchase authorizations for. all supplies, materials, equipment and services for the offices, de- partments 'and agencies of the city. Every such contract or ;pur- chase exceeding the siun of $500, shall require prior approval of the council. Every such contract or purchase exceeding the sum o.f $2,000 shall be awarded to the lowest responsible bidder after such public notice and cainpeti- tion as provided in this charter. Section 4. Bids The advertisement for bids shall" distinctly and specifically state the character of the city improvement contemplated and/ or "the kind of supplies, materials. equipment and services required. Such notice shall be published at least once in 'the official news- paper, not less than five (5) days prior ' to the opening of bids. Bidding will be by sea.led pro- posals only and under such reg- ulations as may be prescribed by the council. Section 5. Transfer and sale of property The city manager may to or between offices, depart- ments and agencies._.or sell, sur- plus or obsolete supplies, "and "equipment, siiibject to such regulations as the council may prescribe. Section 6. Contracts for official advertising The city manager shall let an- inually oohtracts for 'Oifficial adver- tising for the ensuing fiscal year. For this purpose he shall submit to each legal newspaper pub- lished in the city, a notice^ de- scribing the contemplated adver- tising a.nd asking for sealed pro- posals. The .proposals shall spec- ify'the type and spacing to be used at the rate or rates named in the bid. The city manager shall" "let the contracts _ for such official advertising to fhe lowest and best bidder publishing a newspaper of general circulation in the city; provided that in his discretion'he may reject any and all bids and proceed to secure new bids in the manner provided herein. The newspaper to which the award for such advertising is made shall be known and desig- nated as the official newspaper. Section 7; Fraud and collusion Any member of the council or any officer or employee of the city who shall aid or assist a bidder in seciiring a. contract to furnish labor, material, equip- ment, supplies or services at a higher price than that proposed by any other bidder, or who shall favor one bidder over another by giving or withholding information or who shall willfully mislead a.ny bidder in regard to the char- aoter of the labor, material, equipment, supplies or services called for or the conditions under which the 'pro'posed work is to be done, o.r who shall knowingly accept materials, supplies or equipment of a quality inferior to those called for by any con- tract, or who shall knowingly certify to a greater amount of labor or service performed than has been actually performed, or to receipt of a greater amount or different kind of material, supplies or equipment than has been actually received, shall be guilty of a misdeineanor and shall be removed from office. Section 8. Avoidance wS con- tracts made through fraud and collusion If at any time it shall be found that the person to whom a. con- tract has been awarded has. in presenting any bid or bids, col- luded with any other party or parties for the purpose of pre- venting any ' o'ther 'bid being made, then the contract so award- ed shall be null and void, and the city manager shall advertise for new bids for said city improve- ments and/or supplies, materials, equipment and services required, or the coimcil inay provide for such public work to be done by the city under the direction of the city manager. Section 9. Personal interest No member of the council or any officer or employee of the city shall have a financial inter- es't, direct or indirect or by rea- son of o'wnership of stock in any corporation, in any . contract or in the sale to the city or to a contractor s.upplying the city of any land or rights or interests in any land, material, supplies, equipment or services. Any will- ful violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or po- sition. Any violation of this sec- tion with the knowledge express or implied of the person or cor- portion contracting with the city shall render the contract void- able by the city manager or the council. ARTICLE IX ELECTIONS Section 1. Permitted types of elections Elections to be held in the city shall be either primary, general or special. (a) Primary elections shall be held for t'he purposes of making nominations for the general election and electing officers a-s hereinafter provided, and for such other purposes as the coun- oil may prescribe. (b) General elections shall, be held for the purpose of electing officers of the city and such oth- er purposes as the council may prescribe. (c) All other municipal elec- tions that may be held by au- thority of this cha'rter, or of any law, shall be known as special elections. Section 2. Application of state law The provisions of the laws of this state relating to and govern- ing the riomination of elective officers and the conduct of elec- tlons. and each and every provi- sion of said law, with all amend- ments 'thereto shall apply and shall govern the nomination of elective officers and the conduct of elections, except as otherwise provided in this charter. The council shall ha.ve power to make any further and additional pro- visions relating to the noimination of officers and to the conduct of elections not repugnant nor con- trary to the provisions of the laws of this state or the provisions of this charter. Section 3. Qualifications of electors; registration The qualification of electors shall be as required toy the constitution and laws of this state for state and county electors. However, in voitin'g on the question of issuing bonds, in addition to being qual- ified electors of the city, the elec- tor must be a real property tax- payer. Registration of voters shall be as required by the laws of this state and the register of qualified electors shall 'be compiled from the general county register. Section 4. Arrangement of naines not to reveal source of candidacy or support of candi- dates 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. Section 5. Time of holding pri- mary .el'ections Pricn'ary ele.o;ions shalil be held on the fifth Monday pre- ceding the holding of the general election. Section 6. Majority to elect in primary At the primary election any candidate who shall receive a majority of all the votes cast at such election shall be declared elected to the office for which he is a candidate, and no further election shall be held as to said candidate. Section 7. Nomination for general election If at any primary election there be any office or offices to which no candidate therefpr was elect- ed, then. said election shall be considered to be a primary elec- tion for the nominatio-n of candidates for such office or of- fices, and a second or general eleotion shall be held to vote for candidates to fill such office or offices. The candidates, not elect- ed a.t such first electio'n, equal in number to twice the number to be elected to any given office, or less if so there be, and who received the highest number of votes for the respective offices. at such first election, shall be the only candidates at such second election; provided, that if there be any person who under the provisioiis of this section, would have been entitled to become a candidate for any office except for the fact that soine other can- di dale received an equal number of votes therefor, then all such persons receiving said equal number of votes shall likewise become candidates for such of- fice. Section 8. Time of holding gen- eral election There shall be a general mu- iiicii pal election held every even yea<r on the fourth Monday in May, beginning in the year of 1958. Section 9. Candidates receiving most votes to be elected The candidates equal in num- ber to the persons to be elected who shall receive the highest number of votes at odid general election shall be declared elected to such office Section 10. Special Elections The council shall provide the time. manner and means of hold- ing any special election. All special elections shall be con- dueled in the same manner and under the same provisions as are provided for the holding of gen- eral elections. ARTICLE X INITIATIVE. REFERENDUM AND RECALL Section 1. Initiative; referen- dum; recall There is hereby reserved to th& electors of the city the powers o.f the initiative and referendum and oi the recall of elective .officers. The provisions of the constitution acid general laws of this state, as the ss'me no.w exist or hereafter may be amended, governing the initiative and referendum and the recall of elective afficers, shal] apply to the use thereof in the city sb far as such p'rovi- sions are not in conflict with the orovisions of this charter. ARTICLE XI CITY COURT Section 1. Establishment There shall be and is hereby estabished in the city a muhici- pal court, to be known and dssig- nated "The City Court of the City of Glends.le. . Mari'copa u-ounty, State o.f Arizona"; Section 2. When open; trans- sction of certain business on non- juridical days The city court shall always be open, except on non-juridical days, and on such. non-juridical days it may transact such busi- ness within its jurisdiction as is authorized by law to be trans- acted by courts of justice of the peace, rels.tive to businesses with- in their jurisdiction. Section 3. Jurisdiction gener- ally Said court shall, within the ter- ritorial limits of said city. have and exercise jurisdiction as fol- lows: (a) It shall have and exer- cise, exclusive original juris- diction of all proceedings of a criminal nature for the violation of any ordinance of said city and of every action of a civil na- ture for the enforcement of a pen- alty, or the recovery of a penalty or forfeiture imposed by any ordi- nance _ of the city for violation thereof, or for neglect to perform. any duty by any ordinance im- posed, and of every action for the coll.ectio.n of any license, fine or penalty due from a.ny person to said city, and required to be pa.id, or which is due and collectible under the ordinance of said city. (.b) The City Court shall have concurrent jurisdiction with the justices of the peace, in the pre- cincts where said city is estab- lished, over all viola .ions of the laws of the state committed with- in the limits of said city; said con- current jurisdiction shall be sub- ject to the rules of civil procedure applicable to trials before justices of the peace. Section 4. Presiding officer; appointment; term; justice of peace as city judge The presiding officer of the city court shall be a ci.ty judge, who s'hs.ll be appointed by the council and shall hold office during the pleasure of the council. A justice of the peace in the city shall be eligible to the office of city judge without forfeiting his office as justice of tt ^eace. Section 5. Disposition of fines, penalties and fees All fines, penalties and fees collected by the elty judge shall be paid to the properly designat- ed officer of the city authorized to receive them. Section 6. Power of cily judge to issue writs and processes and lo hear cases; nature of writs and processes; records to bs kept; du y of police to execute, serve and make proper return of writs and processes For the proper ca.rrying out of the jurisdiction, vested in said cLy judge, he shall be entitled and authorized to issue and' cause to be served, any and all writs and processes, and he shall have tull authority to hear and deter- mine all matters properly coming before him and coming within his jurisdiction herein specified. Th& writs and processes to be used shall be similar to those used by justices of the peace in cases of a similar nature, and proper record shall be kept of the issu- s.nce of writs and processes and returns, and of any kind and all other actions taken relative thereto, and the actions of the court thereon. The police of the city are hereby authorized and directed to execute and serve a.ny and all writs and processes issued out of said city court by said judge, and proper return shall be made by such officer to the same extent as is required of con- stables and sheriffs in the service and execution of similar papei^. Section 7. Ordinances to give effect The council shall pass all neces- s'ary ordinances to give effect to the provisions of this article, not ot'herwis'e herein provided. ARTICLE XII FRANCHISE AND PUBLIC UTILITIES Section 1. Elections for approv- al of franchises No franchise shall be granted, extended or .renewed by the city, without .the approval of a ma- ority of the qualified electors residing within its corporate lim- its voting thereon at a primary, general or special election; the council shall submit any matter for approval or disappro.val to such election s.t any primary or general election or call a special election for such purpose at any time upon thirty (30) days' no- tice; and the council shall require, before calling any such election, thaA the estimated expense there- of (to be determined by the council) shall be first deposited by the epplicant for such fran- chise with the city clerk. Section 2. Eslablishmenl of mu- nicipally owned and operated ulili'ies The city shall have power to ow.n and opers.te any public util- ity, to construct and install all facilities that are reasonably needed, and to lease or purchase any existing utility prcrperties used or useful to public service. The city may also furnish service to adjacent and near-'by territories which may be conveniently and economically served by the mu- n.icipally owned and operated utility, subject to the limitations of the pro.visi.ons of the general laws of this sta.te. The council 'may provide by ordinance for the establishment of such utility and provide for its regulation and control and the fixing of rates to be charged. The council may by ordinance provide for the extension, icnl'arg'eme'nt or im- provemen.t of existing utility, and provide reasonable reserves for such purpose. ARTICLE XIII GENERAL PROVISIONS Section 1. Publicity of records All records and accounts of ev- ery office, department or agency of the city shall be open to in- spection by any citizen, any rep- resentative of a citizens' organ- iza lion or any representative of the press at all reasonable times and under reasonable reguls.tions established by the city manager, except records and documents the disclosure of which would tend to defeat the lawful puppose which they are intended to ac- compli'sh. Section 2. Official bonds All elected and appointed offic- ers and suc'h other employees as the council may by general or- dinance require to do so, shall give bond in such amount and with such surety as may be ap- proved by the council. The pre- mn'mc on sucTi bonds shall be paid by the city. Section 3. Oath of office Every officer of the city, whether elected or appointed un- der the provisions of this char- ter, or under a.ny ordinance of the city, shall, before entering upon the duties of his office, take and subscribe an oath of office, in the form of the official oath required by the constitution. Section 4. Liability insurance The council shall procure lia- toility insurance covering the city and its officers, agents, and em- ployees while engaged in gov- ernmental or proprietary capaci- ties. The premiums on such in- surance shall be paid by the city. Section 5. Short title This charter, adopted by the people of the city of Glendale, shall be known and may be cited as the COUNCIL-MANAGBR CHARTER O'F GLENDALE. Section 6. Separability clause If any section or part of section of this charter shall be held in- valid by a court of competent jurisdictio.n, such holding shall not affect the remainder of this charter nor the context in which. such section or part of section so held invalid may appear, ex- cept to the extent that an entire section or part of section may be ins'eparably connected in mean- infi and effect with the section or part of section to which such holding sha.ll directly apply. Section 7. Violations of charter and city ordinances; imprison- men! of violators The violation of any provisions Of this charter, or any ordinance of the city, shall be deemed a misdemes'nor, and may be prose- cuted by the authorities of the city in the name of the state of Arizona, or may be redressed by civil action, at the option of the council. Any person sentenced to imprisonment for violation of a provision of this, charter, or of an ordinance, may be im'prison- ed in the city jail, or, if the council, by ordina.nce, shall so prescriibe, in the county jail of this county, in which case the expense of suc.'h imprisonment shall be a charge in favor of said county against the city. Section 8. Plenary and implied powers of the council The council shall have plenary power to enact and make all proper and necessary ordinances, resolutions and orders to carry out and give effect to the express. as well as the implied Dowea-s granted in this charter to the end that a complete, harmonious and effective munici.pa.l government may be initiated, installed, oper- ated and .maintained in the city, and thereby protect and safe- guard the rights, interests, safety. morality, health and welfare of the city and its inhabitants. ARTICLE XIV SUCCESSION IN GOVERNMENT Section I. Rights of officers and eniplovees preserved Nothing in this charter con- tained, except as specifically pro- vided, shall affect or impair the rights or privileges of officers or employees of the city or of any office,, department or agency existing at the time when" this charter shall take effecC'or ainy provision of law in force a4 the time when this chaater shall "take effect and not inconsistent with the provisions of this "charfer^ in relation to the pe'rsonnel, ap- pointment, rank, grades, tenure of office, promotion, removal, pension and retirement rights, civil rights or any other rights' or privileges of officers or 'e.m- plo.yees of the city or any office, department .or agency. Section 2. Continuance of pres- ent officers . All persons holding administra- tive office at the time this char- ter, takes ^effect shall continue in and in the performance of their duties until provisions shall have been made in accordance .therewith for the perfarmance of such duties or the discontin- uance of such office. Section 3. Conlinuance of pres- ent offices, departments or agen- cies Any office, department or agency provided for in this char- ter_tq be named or with powers and duties ithe same or substan- tially the same as those herefo- fore . existing, shall be deemed ~a continuation of such office, de- partment or agency and. shall have powers to continue any business proceedings or "other matters within the scoip-e of the powers and duties prescribed by this chs.rter. Any office, depart- ment or agency not provided for in t'his charter, heretofore exist- ing, s'hall continue to exercise powers and duties as the same were heretofore exercised and shall have the power to continue . any business proceedings or other matters within the scope of its regular ^powers and duties until such office, department or agency shall be changed or abolis'hed by the council as heretofore pro.vid- ed in this charter. The powers con.Eerred and the duties imposed upon any office", department or agency of "the city by the laws of "this' state ""shail. if such office, department or agency be abolished by this char- ter or under its authority, be thereafter exercised and"" dis- charged by the office, department or agency designated by the coun- cil, unless otherwise provided herein. Section 4. Continuance of ap- pointive boards and commissions All a'ppointive boards and com- missions, heretofore existing, shall continue and shall exercise such powers and duties as - was granted them until such boards s.nd commissions s'hall be chang- ed or atoolished by the council as heretofore provided in this char- ter. Section 5. Transfer <of records and property All records, property and equipment whatsoever of any office, department or agency or part thereof, all the powers"'and duties of which a.re assigned to any other office, department or agency by this charter, or under its authority, shall be transferred and delivered to the office, de- partment or agency to which such powers and duties are so assign- ed. Section 6. Continuance of con- Iracls All contracts entered into by the city, or for its benefit, prior to the taking effect of this cfaar- ter. .shall continue in full force and effect. Section 7. Pending actions and proceedings The adoption of this charter shall not abate or otherwise af- feet any action or proceeding, civil or criminal, pending when it takes full effect, broug-ht by or against the city or any office, depiaiftjment, agency or officer thereof. Section 8, Ordinances lo reimain in force All ordinances, resolutions and regulations of the city in force at the time this charter takes effect, and not inconsistent with the provisions thereof, are hereby continued in force until the same shall be duly amended or repeal- ed. Section 9. Inauguration of gov- ernmenl under this charter If a majority of the qualified electors of the city, voting on the question, vote to ra-tify this char- ter,^ the provisions of this charter shall go into effect for all pur- poses immediately upon the ap- proval of the gov'ernor as provid- ed by the constitution of this state. ARTICLE XV AMENDMENTS Section 1. Method of amend- ment This charter, or any part or article or section thereof, m'a-y be amended in the manner provided by the constii.ution of this state. Dated at Glendale, Maricopa County, Arizona, this 7th day "of Miarch, 1957, and respectfully submitted. W. C. Jack Chairman Donald Van Camp Vice-Chairman Vernon E. Salt R. K. Trueblood W. 0. Nelson Chester E. Gillett '. Donald E. Sell Albert L. Carney R. P. Barnard Wait B. Adams, Sr. Edward P. LeGendre Charles Traubel Donald E. Watt Winter D. White BOARD OF FREEHOLDGRS W. A. Gilchrist Secretary to the Board of Freeholders SECRETARY'S CERTIFICATE STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This is to certify that the fore- goinfi is a true. correct and ac- curate copy of Glendale City Charter as framed by the Board of Freeholders elected on Deoem- her 10, 1956, acting as a Charter Committee, and that originals of this Charter were filed in the of- fice of the Mayor and the City Clerk of the City of Glendale and in the Office of the County Re- corder of Marico'pa 'County. D_ated this 7th Say of March, 1957 at Glendale, Arizona. W. A. GILCHRIST, Secretary of the Board of Freeholders M:-14-21-28