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HomeMy WebLinkAboutCity Clerk - Administration and Management Records - Organizational Reporting Records (8)GLENDALE'S CITY CHARTER Article III. The City Manaqer. § 1, § 2. § 3. § 4o § 5. § 6. Appointment of city manager. The city manager; qualifications. City manager; powers and duties. Right of city manager to seat in council Assistant City Manager. Removal of city managero § 1. § 2. § 3. § 4. § 5. § 6. § 1. § 2. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. S 9, § lOo § n. § 12. § 13. § 14. § 15. § 16. § 1. § 2. § 3. § 4. Article IV. Admimstrative Departments, Offices and Employees, Admimstrat-ive departments and offices. City clerk. City treasurer. City attorney. . Merit basis of appoinfanent Merit system to be established. Article V. Apoointive Boards and Commissions . Appointive boards and .commissions. Mayor and city manager ex offlclo members. Article VI. Finance and Taxation. Fiscal year. Council^to provide for tax system; use of county services. submiss!on of estimates to councih scope of city manager's estimate. and^tentative adoption of a budget: publication of budget and notice of meeting to fix tax levies.' Public hearing and adoption of budget. Adoption of ordinance fixing tax rate. Additional taxes for special purposes. Taxes to be uniform and for public purposes only; property to be assessed as provided by law. Tax exempt property.' Budget established appropriations; method of expenditure. Transfer of appropriations. Appropriations lapse at end of year. Claims or demands against the city. Cash basis fund set up; transfer of sums from cash basis fund to other funds. Transfer^of^sums^from any funds to interest funds and investanents in deposi'tones. Independent annual audit Article VII. Ordinances and Resolutions Council to act by resolution or ordinance. Ayes and nays to be recorded. When majority vote required. Enacting style. J -2- CITY OF GLENDALE, ARIZONA THE CHARTER.1 1. For state law provisions as to the adop- tion of charter government by cities, see A.R.S. § 9-281. Framed by the Board of Freeholders elected at the Special Election held December 10, 1956, acting as a Charter Committee, and respectfully submitted to the qualified electors of the City for their adoption and approval for the government of the City of Glendate as a Home Rule City. March 7, 1957. In accordance with Article XV herein, this Charter has been amended by the qualified electors on the 25th day of May, 1970 and again on the 16th day of March, 1976. Article I. Incorporation, Form of Government, Powers and Boundaries. § 1 Incorporation. § 2. Form of government. § 3. Powers of city § 4. Boundaries. Article II. The Council. § 1. Powers of the council. § 2. Number; selection. § 3. Term of mayor; election in 1958. § 4. Terms of councilmen; election in 1958; designation of long-tenn and short- term council men. § 5. Qualifications. § 6. Duties of mayor. § 7. Mayor pro tempore. § 8. Salaries of mayor and council men. § 9. Council to be judge of qualifications of its members. § 10. Induction of mayor and council into off ice» § 11. Absence to terminate meinbership. § 12. Vacancies in council and office of mayor. §13. Council meetings; open to public. §14. Repeated 3-16-76. § 15. Rules of procedure; journal. § 16. Quorum; ayes and nays. §17. Failure to vote. § 18. Consideration of petitions. § 19. Interference in administrative service § 20. Conduct of council as to powers authorized by charter when no procedure established by state law. 1 § 6. § 7. § 1, § 2. § 1. § 2. S 3. § 4. § 5. § 6. § 7. § 8. § 1, § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9, Power of cityj'udge to issue writs and processes and to hear cases; natu<"e of writs and processesi records to be kept; duty of-po1ice ^ to execute, serve and make proper return of writs'and"processes^' Ordinances to give effect. ' ' --..--- -- r.---. Article XII. Franchise and Public Utilities, Elections for approval of franchiseso Establishment of mumcipally owned and operated utilities Article XIII. General Provisions. Publicity of records. Official bonds. Oath of office. Liability insurance. Short title. Separability clause. Violations of charter and city ordinances; imprisonment of violators Plenary and implied powers of'the council.' Article XIV. Succession in Government. Rights of officers and employees preserved. Continuance of present officers. Continuance of present offices, departments or agencies Continuance of appointive boards and comimssions^ Transfer of records and property. Continuance of contracts. Pending actions and proceedings. Ordinances to remain in force'. Inauguration of government under this charter. J Article XV. Amendments. § 1. Method of amendment. ARTICLE I. INCORPORATION, FORM OF GOVERNME^, Sec. 1. Incorporation. POWERS AND BOUNDARIES. The^inhabitants of_the City of Glendale, within the corporate limits as now lished or as hereafter established in the manner provided by-1aw7shall continue^to be^a mumcjpal body politic and corporate in perpetuity, under the name of the "City of GlendaTe"' .4- § 5. § 6. § 7. § 8. § 9. § 10. § n. § 12. § 13. § 14. § 15. § 16. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. § 1. § 1. § 2. § 3. § 4. § 5. When actions to be taken by ordinance. Reading and passage of ordinances and resolutions; effective date. Emergency measures; effective date. Motions to reconsider. Signing of ordinances and resolutions. Publication of ordinances and resolutions. How ordinances to be revised, re-enacted and amended. How ordinances to be repealed or suspended. Ordinances and resolutions to be filed, recorded and certified; ordinances and resolutions as evidence. Procedure for adoption by reference. Recording of certain ordinances. Codification of ordinances. Article VIII. Contracts. Preparation. Contracts for city improvements Purchases. Bids. Transfer and sale of property. Contracts for official advertising. Fraud and collusion. Avoidance of contracts made through fraud and collusion. Personal interest. Article IX. Elections. Permitted types of elections. Application of state law. Qualifications of electors; registration Arrangement of names not to reveal source of candidacy or support of candidates. Time of holding primary elections. Majority to elect in primary. Nomination for general election. Time of holding general election. Candidates receiving most votes to be elected. Special elections. Article X. Initiative, Referendum and Recall. Initiative; referendum; recall. Article XI. City Court. Establishment. When open; transaction of certain business on non-juridical days. Jurisdiction generally. Presiding officer; appointment; term; justice of peace as city judge. Disposition of fines, penalties and fees. -3- in the manner authorized by law. ARTICLE II. THE COUNCIL. Sec. 1. Powers of the council. _A11,powers of the.c!ty8.not 1n conflict with the constitution and subjectto the 1 imitations^of this charter, shall be vested in the council, "who "shal'T . e.[1^? ^?.pr?priate 1e9is1ation and do and perform any and all acts and things which may_be necessary and proper to carry out these powers or any of the pro~ visions of this charter. See. 2. Number, selectio n. The^ council shall consist of amayor and six councilmen elected from the city at large. See. 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" April following his e1ect1on,"and shall'be' for two years or until his successor is elected and qualified.' The first efec- t10n..for ITIayor.shall be held at the primary and general elections in 1958, as provided in this charter. However, until that time, the mayor-sha11 be'elected by and from among the membership of the council as provided"by law. (5-25^70)' Sec. 4.Terms of council men; election in 1958; designation of long-term jhort-term councilmen. The terms of_office of councnmen shall commence at 7:30 P.M. on the first regular.meet1"g of the counci1 in^April following their election, and, "except' as otherwise here-? n_provided, shall be for four years or until their successors are^elected and qualified. However, the terms of the present elected council shall not be shortened and the present incumbents or their duly appointed successors shall serye_their elected terms. At the primary a nd genera1"e1ec- tionsr to be held in 1958, as provided in this charter, six councilmen are to be elected. The^councilmen so elected shall be divided into long-term and short-term council men. The three receiving the highest number of votes shall fill said offices for the long terms and the other'three shafl fin*sa:fd~offices for the^short terms. The long-term councilmen shall serve full four-year terms or until their successors are'elected and qualified; the short-tem councn'men" ^ha1Lserve two-year."tenns or unti'1 their successors are elected and qualified. Thereafter, biannualTy, three councilmen shall be elected for four-year terms or until their successors are elected and qualified. (5-25-70) Sec. 5. Qual i" fi cati o ns. The mayor shall be at least twenty-five years of age on the date of his election^or appointment; the mayor and councilmen shall be qualified electors of^the city at the time of election; shall hold no other public Office'for' which they receive compensation except that of a notary publ ic or member'of the national guard or naval or military reserve; and shall have resided in said city -6- Sec. 2. Form of government. The municipal government provided by this charter shall be known as the COUNCIL-MANAGER GOVERNMENT. Pursuant to its 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 electivecouncil, hereinafter referred to as "the council", which shall enact local legislation, adopt budgets, determine policies, and appoint the city manager and such other officers deemed necessary and proper for the orderly government and admimstration of the affairs of the city, as prescribed by the constitution and applicable laws, and ordinances hereafter adopted by the city. All powers of the city shall be exercised in the manner prescribed by this charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinance. See. 3. Powers of city. The city shall have all the powers granted to municipal corporations and to cities by the constitution and laws of this state and by this charter, together with a11 the implied powers necessary to carry into execution all the powers granted. The city may acquire property within or without its corporate limits for any city purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease or condemnation, and may sell, lease, mortgage, hold, manage and control such property as its interests may require. Except as prohibited by the constitution of this state or restricted by this charter, the city shall and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever, and especially to enter into contracts, cooperative and otherwise, with the government of the United States, the State of Arizona, Mancopa County, or any other municipal corporation of this state for the construction, maintenance and operation of roads, highways, parks, sewers, waterworks, public utilities, and buildings (when used for public purposes), all when deemed for the best interest of the city. The enumeration of particular powers by this charter shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is intended that the city shall have and may exercise a11 powers which under the constitution of this state, it would be competent for this charter specificany to enumerate. The city may require all persons, firms or corporations responsible for new physical development within the city to provide for or furnish, or pay a fee in lieu of providing for or furnishing: (1) public utility easements; (2) water pro- duction, storage and transmission; (3) sewage collection, treatment and disposal; (4) park land and development; (5) school sites; (6) dedication and improvement of public rights-of-way; (7) bike paths and other necessary transportation; (8) drainage; (9) flood control .» and (10) other public facilities'necessary to maintain satisfactory levels of service for said new development, as provided by ordinance which shall include definite standards basing the foregoing requi're- ments on the needs of the inhabitants of said new development. (3-16-76^ See. 4. Boundaries. The boundaries of the city shall be the boundaries as established at the time this charter takes effect, or as such boundaries may be changed thereafter -5- Sec. 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 membership and in the office of'mayor for the unexpired terms. See. 13. Council meetings; open to public. The council shall meet regularly 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 and shall be in compliance with the provisions of the laws of the state pertaining to public meetings"'and proceedings. (3-16-76) Sec. 14. Special meetinos: Repealed 3-16-76 Sec. 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 inspection. Sec. 16.Quorum; ayes and nays. A majority of the members of the council shall constitute a quorum, but a smaller number may 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. Sec. 17. Failure to vote. No member of the council shall be excused from voting except upon matters involving the consideration of his own official conduct or if a'conf1i'ct-of~ interest exists as^'defined by the laws of this state pertaining to conflict of interest of officials and employees. In all other cases a failure to vote shall be entered on the minutes as"an affirmative vote. (3-16-76) Sec. 18. Consideration of petitions. Any citizen of the city may appear before the council at any regular meet- ing and present a written petition; such petition shall be acted upo.n'by'the' council, in the regular course of business, within thirty days Sec. 19. Interference in admimstrative service. Except as otherwise provided in this charter, neither the council nor any of its members shall interfere with the execution by the city manager of h-is 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 council and its members shall deal with the administrative service under the city manager solely through the city manager, -s- for one year next preceding the date of such election or appointment. If the mayor or any councilman shall cease to possess any of these qualifications or shall be convicted of a crime involving moral turpitude, his office shall immediately become vacant. (3-16-76) See. 6. Duties of mayor. The mayor shall be the chairman of the council and preside over its deli'b- erations. 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 administrative duties Sec. 7. Mayor^iro tempore. The council shall designate one of its members as mayor pro tempore, who shall serve in such capacity at the pleasure of the council. 'The mayor pro tempore shall perfonn the duties of the mayor during his absence"or disability. Sec. 8. Salaries of mayor and councilmen. The annual salary of the mayor shall be two thousand four hundred dollars annually and the salaries of councilmen shall be one thousand two hundred do11ars_annua11y, payable in monthly installments, until changed by ordinance,1 but shall not be increased during the current term of mayor and councilmen voting on the enactment of such ordinance. 1. For present salaries of mayor and counci'lmen, as established by ordinance, see § 2-1.4 of the Glendale City Code. Sec. 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 purpose shall have power to subpoena witnesses and require the^production of records, but the decision of the council in any such case shall be subject to review by the courts. Sec. 10. Induction of mayor and council into office. At 7:30 P.M. on_the first regular meeting in April following the general election, the council shall hold a meeting for the purpose of inducting the newly elected mayor and councHmen, and to organize the council. (5-^5-70) Sec. 11. Absence to terminate membership. If any councnman shall be absent from more than two consecutive meetings without the consent of the council, he shall thereupon cease to hold office. If the mayor shall be absent for more than two consecutive regular meet- ings without the consent of the council, he shall thereupon cease to hold office -7- (3) Appoint, and when deemed necessary for the good of the service. lay-off^, suspend, transfer, demote or remove ati department'heads^''offi'cers and employees of the city, subject to such merit system regulations as the' council may adopt; (4) Prepare the &nwa1 budget estimates and submit them to the council and be responsible for the administration of the budget after adoptionl' (5) Keep the council advised at ati .times of the affairs and needs of the clty,',and make reP°rts.annuany, or more frequently if requested by the counciT of all the affairs of the city", (6) Repealed 3-16-76 (7) Have such other powers, duties and functions as this charter may prescribe, and such powers, duties and functions consistent with this charter as the council may prescribe. Sec. 4.Right of city manager to seat in_coyn^i"1 The city^manager shall be entitled to a seat in the council, but shall have no vote therein. The city manager shall have the right to take part in the dis^ cussion of all matters coming before the council. Sec. 5. Assistant city manaqer. The assistant city manager shall be appointed in accordance with the per- sonnel provisions and shall act on behalf of the city manager'i7n his'absen^e". n_the everlt,the C1ty mana9er resigns or is removed for any reason the council . !.!1?]L.^PP0^^ !^?ctin5.city mana9er ?t the fT:st regular meeting folTowing such vacancy. ,The acting city manager'shall serve for a period not to exceed'f^ur' months. (3-16-76) Sec. 6. Removal of city manager. The council shall appoint the city manager for an indefim'te term and may remove,him_bya ma-iority vote of its members'. At least thirty days'before such remova1 shall become effective, the council shall by a majority vote of its mem- bersadopta preliminary resolution stating the reasons for hi:s removal. "Withi'n . t^?a^-'^h^clt^"lan^ger I?ay reP1y in wr1t"in9 and may request a public hearing, =shal1 -be.he1d not eai"^'e»:.than twenty^ days nor later than thirty "dayFaftir of such request. After such public'hearing, if one'be"requested,"and' af^er-fu.lLcons"lderat10n' the counc11 by majority vote of its members may a final resolution of removal. By the preliminary resolution the~counc:f1 suspend the manager from duty. If the removal is'for ma1feasance,~or"imsfeasance in theperformance of his duties or he shall be convicted of a crime moraLturpltude' the.council shall cause to be paid him any sa1ary"due"him'to: ^hLd.ate.of_the, Dre1im1nary, reso1ut10n'_ Otherwise, the manager shall be paid ith^upon^his removal his salary for the next'two calendar months'foHowii the adoption of the preliminary resolution of removal. -10- and neither the council nor any member thereof shall give orders to any subor- dinate of the city manager, either publicly or privately. Nothing in this section shall be construed, however, as prohibiting the council while in open session from fully and freely discussing with or suggest- ing to the city manager anything pertaining to city affairs or the interests of the city. See. 20.Conduct of council as to powers authonzed by charter when no pro- cedure established by state law. Whenever, by any provisions 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 this state, and there be no procedure estab- li'shed by law therefor, then the council shall by ordinance prescribe the pro- cedure. ARTICLE III. THE CITf MANAGER. Sec. 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. See.. 2. The city manaqer; 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 experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter 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. See. 3. City manager; powers and duties. The city manager shall be the chief executive officer and head of the ad- mimstrative branch of the city government. He shall be responsible for the proper admim'stration 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 official duties, attend all the"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; -9- Sec. 6. Merit svst_em to be established, Jhe^council shall, by ordinance, provide for the establishment of a merit ^he_purpose, or r'e9u1at1n? and controlling the appointments, promo-' s, demotions^discharges"and reinstatements of all off leers'"and" of+th^cl?y exfepLthose11 ected by.^e-peop1e~and aiso"exceptrftheu c^Im^er, city clerk, city treasurer, city attorney and city judge.""'"" ""' '"'J "'l"'uy>" ' Sec^ 1. ARTICLE V. APPOINTIVE BOARDS AND COMMISSIONS ApDoi'nti've boards and cornm's s i ons The council may, by ordinance,create boards or commissions as in its are requ'"ned or as are now or hereafter provided by law, and may'grantto-them sych power andduties as are now consistent with the provisions of this . Sec. 2.Mayor and city manager ex-officio members. ^ Jhe mayor and city manager shall be ex-officio members, without votit privileges, of all boards and commissions. ARTICLE VI. FINANCE AND TAXATION. Se-c. 1. Fiscal year year. The fiscal year of the city shall commence on the first day of July of each Sec. 2. Council to provide for tax_system; use of county services, . The-counc'ILS ha11 by ordtna"ce provide a system for the assessment,andionect10n of a]1 C1ty taxes' not inconsistent with the-provi~sions°of'this « The^counci'1 shall have power to avail itself by ordinance of any law of state, now or hereafter in force and comply with the requirements'thereof .eay assessments may be^made by the assessor of the county in which the ]'! !l?^ed^ ^d t^es C011ected by the tax collector of said .county "for'and ^behalf of the c^'ty.^ Other provisions of this charter concerning the assess- ment, levy and collection of_taxes shall be subject~to-the~provisi^ns"of<'an7such ordinance while the same shall be in force. Sec. 3. Submission of estimates to councn; scope of city manager's estimate, on.or.,before the first, re?u.1a>" council meen'ng in June of each year, or on 111 each,yea»* 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 J 12- ARTICLE IV. ADMINISTRATIVE DEPARTMENTS, OFFICES AND EMPLOYEES. Sec. 1. Administrative departments and offices. The council, by ordinance not inconsistent with this charter, shall provide for the organization, conduct and operation of the several offices and depart-^ ments of the city as established by this charter, for the creation of additional departments, divisions, offices and agencies and for their consolidation, alter ati on or abolition. The council, by ordinance not inconsistent with this charter, may assign additional funct-ionsor duties to offices, departments or agencies. Where the positio-ns 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. Sec. 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, authenticate by his signature and record in full in books kept for the purposes all ordinances and resolutions, and shall perform such other duties as shall be required by this charter or by ordinance. He wilt serve at the pleasure of the council. Sec. 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 custody of all the money of the city and shall keep and save said money and dispense the same only as pro- vided by the laws of this state, or as provided by ordinance and who shall always be bound by the constitution, laws and ordinances and upon whom legal garnishments and demands may be served. He will serve at the pleasure of the council. Sec. 4. City attorney. The council shall appoint the city attorney who shall be the chief legal adviser of a11 officers, departments and agencies and of all officers and employees in matters relating to their official powers and duties. He shall represent the city in all legal proceedings. It shall be his duty to perform alt services incident to his position as may be required by statute, by this charter or by ordinance. He wi'11 serve at the pleasure of the council. Sec. 5. Merit basis of appointment. Appointment's and promotions in the administrative service of the city shall be made in accordance to merit and fitness to be ascertained, so far as practicable, by competitive examination. -n- and to provide for the establishment and support of free public 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 mumclpally owned and operated utilities, The council shall have the power to levy.a Transaction Privilege Tax les TaxJ subject to approval by a majority'of the qualified electors voti] in the election. Sec. 8.Taxes to be umform and for public purposes only; property to be assessed as provided by law. All taxes shall be/umform upon the same class of property within the corporate limits^^and shall be levied and collected for'public"purposes"only. All property shall be assessed as provided by law. Sec. 9. Tax exempt property. All the property within the city shall be subject to taxation, to be asc_ertained as, Provided by^ordinance, except that'property which is exempt from taxes under the laws of the United States, the'laws of this state', "under this charter and ordinances of this city. Sec. 10. Budget establishes appropnations; method of expenditure. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be andbecome appropriated to the several' objects andjurposes therein named and may be changed only by ordinance. The council shall, by ordinance, provide for the method of expending the appropria- tions subject to the .limitations of this charter. Sec. 11. Transfer of aDproori'atlons. Thecit:y manager may ^af any time transfer any unencumbered appropriation balance or portion thereof between general classifications of exoenditures wuh1n an office», department or agency. At the request of the~city~manager and w1th1^the_.'Iast three months of the fiscal year, the council may'by ordinance' transfer any unencumbered appropriation balance or portion thereof from one office, department or agency'to'another. Sec. 12. Appropriations lapse at end of year. A11 appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered Sec. 13. Claims or demands aqainst the citv. The council shall prescribe by ordinance the manner in which claims or demands against the city shall be presented, audited and paid ^ -14- his own personal report and recommendation and estimate as to the probable expen- ditures'of the city for the next ensuing fiscal year, stating the amount in de- tail required to meet all expenditures necessary for city purposes, including interest and sinking funds, and outstanding indebtedness, if there be any; 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 expen- ditures, interest and sinking fund. Sec. 4.Preparation and tentative adoption of a budget; publication of budget and notice of meeting to fix tax levies. 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 for the ensuing 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 consecutive weeks following the tentative adoption of such budget. Sec^. 5. Public hearing and adoption of budget. The council shall meet on the seventh day before the day on which it levies taxes as designated in the following section 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 concluded, the council shall finally detennine and adopt estimates of proposed expenditures for the various purposes as set forth in the published proposal and such adopted estimates will constitute 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. (5-25-70) See. 6. Adoption of ordinance 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 assessed valuation of the property within the city, subject to the provisions of this charter, a rate of taxation upon each one hundred dollars of valuation, sufficient to raise the amounts estimated to be required in the annual budget, less the amounts estimated to be received from fines, licenses and other sources of revenue. See. 7. 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, 13- ARTICLE VI I. ORDINANCES AND RESOLUTIONS See. 1. Council to act by _reso1ution or ordinance. The council shall act by resolution or ordinance. Sec. 2. Ayes and nays to be recorded Jhe ayes and nays shall be taken upon the passage of all ordinances and and entered upon the journal of the'proceedings of the council Sec. 3. When majon'ty vote required. A '"ajorjty vote of a1] the members of the council shall be necessary to pass any ordinance or resolution having the effect of an ordinance^ Sec. 4. Enacting style. The enacting clause of ati ordinances passed by the council shall be in words: "Be it ordained by the council'of the City of G1enda1~e~as follows:". < See. 5. When actions to be taken by ordinance. . 5??.?r1s-£rovi.<:!1"?,for any SPecif'ic Improvement, for the appropriation or expenditure of any public money in excess of the sum of three thousand dollars the^ amount has^been appropnated in the adopted budget for~fhe~appropr?( !lo^-???^!lti^n.1 sa?e.9r .1?ase'of Public property, "for "the''1evying'°ofrany''tax or..assessment^for.estab1ishing or chan9i"9" fire limits, or'for'the'lmpos'i'ng'of any-pena!tyshd!1.be taken by ordinance; provided, that'suchexcept1onrbe'observed asma^ be.ca11ed for ]'n cases where the'council takes-acti7on in'pursuance 0^3" aw of the state. (3-16-76) Sec. 6. Reading and passage of ordinances and resolutions;effective date, ^A11 proposed ordinances and resolutions having the effect of ordinances ^?II<-?T sub^"ect to the fonowing requirements for passage at any meeting of the (a)^ Copies^of a proposed ordinance and proposed resolution havi'nq the of an^ordinance shall be in possession'of'the mayor and~councn'3at"T"east seventy:two-hours pr10r to the.meeting and shall be posted Tn-coinp1'iance'witiiu the provisions of the laws of the state. (3-16-76)' (b) By request of the mayor or any-member of the council, a full read-ina the-.proposed.ord1nance,or resolution'having the effect'of'an ord:fnance"sha?1 [^otherwise such ordinance or resolution heretofore-mentioned"'sha:I':l'be r^ad_by.nuTnber'.and tit1e on1y- The measure may be passed and adoDted~at"anyI ti'me reading. ' ' ~~~!~ ..y (c) Copies of titles of proposed ordinances or resolutions heretofore men -16- Sec. 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 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 may 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 cents on each one hundred 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 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 orsums 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. Sec. 15.Transfer of sums from any funds to interest funds; and investments In depositories. 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 amount 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. The council may cause city moneys to be deposited or invested in any depository or other investment so long as such deposit or investment is not contrary to the laws of the state. (3-16-76) Sec. 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 indepen- dent audit of accounts and other evidences of financial transactions of the city government and shall submit their report to the council and to the city manager. Such accountants shall have no personal interest, direct or indirect, 1n the fiscal affairs of the city government or of any of its officers. They shall not maintain any accounts or records of the city business, but, within spedfica- tions approved by the council, shall post-audit the books and documents kept by the city and any separate or subordinate accounts kept by any other office, department or agency of the city government. -15- ordinance adopted in the manner provided in this charter. Sec. 13.Ordinances and resolutions to be filed, recorded and certified; ordinances and resolutions as evidence. A11 ordinances and resolutions shall be filed and safely kept by the city clerk and duly recorded and certified by him in files or in books'for that'pur. Pose; and record copies thereof certified by the city clerk, or the onginats thereof^sha11 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 adm1ss1b1e in evidence in any court of this state, or in any proceeding where the contents of suchordinance or resolution, or any of them, is in question: ?F?v2d-?d^ h^wever» that nothing herein contained shall be construed to prevent the proof of the passage and publication of any ordinance or resolution in the manner otherv/ise prescribed by law. (3-16-76.)' Sec. 14. Procedure for adoption by reference. The council may enact the provisions of a code or public record thereto- f°^T-^-!x^t?r,lc?_w'it!19ut. s^in? forth such provisions, but the adopting ordinance shall be_pub1ished in full. At least three copies of~the'code"or public^ record shall be filed in the office of the City'Clerk and "kept~ava:i1 able for public ^use^and inspection. A code or public record enacted by reference may be amended in the same manner. ^penalty clause may be enacted by reference thereto without setting forth in full such penalty clause. (3-16-76'c) Sec. -15. Recording of certain ordinances. A11o'''dinances extending or changing the boundaries of the city, zoning territory or establishing or vacating'of'streets, alleys or subdivisions','after PUJ31l.catwn'-iha'I\be recorded in the office of the County Recorder'of'Maricopa County and, after being_so recorded, the same shall const1tute"pub1ic'not:ice"to all parties of the legal import thereof. See. 16. Codification of ordinances. Any and all ordinances of the cUy which have been enacted and published in the manner required at the time of their adoption, and which have'not'been repealed, may be compiled, consolidated, revised, indexed and~arranaed"as~a' comprehensive ordinance code, and such code may be adopted by refer°nce7w:i'th the same effect as an ordinance, by the passage of any ordinance for such pur- pose. Such code need not be published in the'manner required for other~ordi7n- ances, but not less than three copies thereof shall be filed for'use'and'exam- ination 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 ordin- ances. -18- tioned shall be available to the public for examination and posted at city hall seventy-two hours before the hour the city council convenes to act upon the ordinance or resolution. Should copies be not so available, such ordinance or resolution must be read in full before the vote thereon.. Measures without the emergency clause shall take effect and become opera tive thirty days after the date of their passage. (5-25-70.) Sec. 7. Emerqency measures; effective date. An emergency measure is one passed by the affirmative vote of five-sevenths of the members of the council for the immediate preservation of the public peace, health or safety, in which the emergency is set forth and defined. An emergency measure shall take effect immediately upon its passage. (3-16-76.) Sec. 8. 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 hours thereafter. Sec. 9. Signing of ordinances and resolutions. All ordinances and resolutions shall be signed by the mayor and attested by the city clerk. See. 10. Publication of ordinances and resolutions. All ordinances, except those necessary for the immediate preservation of the peace, health or safety of the city, and resolutions having the effect of ordinances, shall be published at -least once in the official newspaper of the city before they become effective and operative. Emergency ordinances necessary for the immediate preservation of the peace, health or safety of the city which have been passed by the necessary flve-sevenths vote of the members of the council and become effective and operative immediately, shall be published in the official newspaper of the city within fifteen days after their passage. (5-25-70.) Sec. 11. 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 charter for the adoption of ordinances. Sec. 12. How ordinances to be repealed or suspended. No ordinance or section thereof shall be repealed or suspended except by -17- 1etthe.contracts for such official advertising to the 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 designated as the official newspaper/ ~ - -. .- Sec. 7. Fraud and coTtusi'on. ^Any^member of^the council or any officer or employee of the city who shall ^or assist a^bidder in securing a"contract to furnish labor, "material's/ ??L!l?ment' s^lpp1,ile^°^ services at a higher price than proposed by-any-other b1dde J^or who sha11. faYor.one b1dde''> over another by giving or w1- information^or who shall willfully mislead any bidder ^'regard to'the'cha'?ac- ter.of.the 1abor> material, equipment, supplies or services called for or the conditions under which_the proposed work 'is to be done, or who shall'knowi'r accept materials, supplies or equipment of a quality infenor'to those"can'ed'/ any contract,^or who shall knowingly certify" to a greater amount of !abor-or.service Performed than has been''actuanyperforined7or'to"rece1pt of a-?reater.amount or di,ffere"? kind of material, supplies or'equipment'than has actually received, shall be guilty of a misdemeanor and"shan'~be removed' -from office. -Sec. 8.Avoidance of contracts made_ through fraud and collusion If at any time it shall be found that the person to whom a contract has has, in presenting any bid or bids, colludedwith'any'other or parties for the purpose of preventing any other bid being made", then'the' contract so awarded shall be null and void," and the city manager-s'han~"adver° t1se for new bids for sa1d city improvements and/or supplies, materials, ment^and services required, or^ the council may provide'for'such'publ'ic'work' to be done by the city under the direction of'the'city manager.' Sec. 9. Personal interest. No member of the council or any officer or employee of the city shall have ^f1nanS1 aLinterest as^defined by the laws of this state'pertaimn'g to"*con-"' . !ct-of-"in^erest,ofoff'Icers and employees, direct or indirect or by reason of of stock in any corporation, in any contract or in'the'sal'e to'the c!ty.or,to.a contractor supD lying the city of any land or rights or i-nterests !'] any1and'.materia]> supplies, equipment or services. Any"winfu1'vi'olati'on section shall^constitute malfeasance in office, and'any officer'or"'" employee of^the city found guilty thereof shall thereby forfeit his office or PSS ltIon:.-Any-v101atioI1,of this'.sect10n w'ith the knowledge express or'Implied ^person^or corporation contracting with the city shall render the contract voidable by the city manager or the council. (3-16-76.) -20- ARTICLE VIII. CONTRACTS. See. 1. - Preparation. All contracts shall be drawn under the supervision of the city attorney, must be in writing, executed in the name of the City of Glendale by the mayor or the city manager, except as it may be othen'/ise provided either by this charter or by law, and must be counterslgned by the city clerk, who shall number and register the same in files or in books kept for that purpose. (3-16-76.) ~ ' . . Sec_. 2. Contracts for city improvements. Any city improvement, including but not limited to a change order, cost- ing more than three thousand dollars shall be executed by contract except where such improvement is authorized by the council to be executed directly by a city department in conformity with detailed plans, specifications and esti- mates. All such contracts for more than three thousand dollars shall be awarded to the lowest responsible bidder after such public notice and competi- tion as provided in this charter. (3-16-76.) Sec. 3. Purchases. The council, by ordinance, not inconsistent with this charter, shall pro vi'de for the organization, conduct and operation of a purchasing department. (3-16-76.) Sec. 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 newspaper, not less than five days prior to the opening of bids. Bidding will be by sealed proposals only and under such regulations as may be prescribed by the council or in compliance with the laws of this state. (3-16-76.) Sec. 5. Transfer and sale of property. The city manager may transfer to or between offices, departments and agencies, or sell, surplus or obsolete supplies, materials and equipment, sub- ject to such regulations as the council may prescribe. Sec. 6. Contracts for official advertisinq. The city manager shall let annually contracts for official advertising for the ensuing fiscal year. For this purpose he shall submit to each legal news- paper published in the city, a notice describing the contemplated advertising and asking for sealed proposals. The proposals shall specify the type and spacing to be used at the rate or rates named in the bid. The city manager shall -19- 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. Sec. 7,Nomination for general election, If at any primary election there be any office or offices to which no candidate therefor was elected, then, said election shall be considered to be a primary election for the nomination of candidates for such office or offices, and a second or general election shall be held to vote for candidates to fill such office or offices. The Candidates, not elected at such first elections 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 provisions of this section, would have been entitled to become a candidate for any office except for the fact that some other candidate received an equal number of votes therefor, then all such persons receiving said equal number of votes shall likewise become candidates for such office. Sec^ 8. Jlime of holding general election. There shall be a general municipal election held every even year on the third Tuesday in March beginning in the year 1972. (5-25-70) See. 9. Candidates receiving most votes to beelected. The candidates equal in number to the persons to be elected who shall receive the highest number of votes at said general election shall be declared elected to such office. See. J0.^_ Special el ecti ons. The council shall provide the time, manner and means of holding any special election. Alt special elections shall be conducted in the same man- ner and under the same provisions as are provided for the holding of general elections ARTICLE X. INITIATIVE, REFERENDUM AND RECALL. Sec. 1. Initiative-, referendum; recall. There is hereby reserved to the electors of the city the powers of the initiative and referendum and of the recall of elective officers. The pro- visions of the constitution and general laws of this state, as the same now exist or hereafter may be amended, governing the im't-iative and referendum and the recall of elective officers, shall apply to the use thereof in the city so far as such provisions are not in conflict with the provisions of this charter J -22- ^^UL.U '^...^-y-/ ARTICLE IX. ELECTIONS, _;-.A<^^\ x.-.^/- Sec. 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 the purposes of making nomina- tipns for the general elections 'and electing officers as hereinafter provided, and for such other purposes as the council may prescribe. (b) General elections shall be held for the purpose of electing officers of the city and such other purposes as the council may prescribe. , . ,. (c) All other municipal elections that may be held by authority of this charter, or of any law, shall be known as special elections. Sec. 2. Application of state law. The provisions of the lav/s of this state relating to and governing the nomination of elective officers and the conduct of elections, and each and every provision of said law, with all amendments thereto shall apply and shall govern the nomination of elective officers and the conduct of elections, except as otherwise provided 1n this charter. The council shall have power to make any further and additional provisions relating to the nomination of officers and to the conduct of elections not repugnant nor contrary to the provisions of the laws of this state or the provisions of this charter. Sec. 3. Qualifications of electors; registration. The qualifications of electors shall be as required by the constitution and laws of this state for state and county electors. 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. (3-16-76.) Sec. 4.Arrangement of names not to reveal source of candidacy or support of candidacy or support of candidates. 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 can- didacy or of the support of any candidate. Sec. 5. Time of holdinq primary elections. Primary elections shall be held on the fifth Tuesday preceding the holding of the general election. (5-25-70.) Sec_._ _6._ Majority to elect in primary. At the primary election any candidate who shall receive a majority of all -21- Sec. 6. Power _o^_c1ty judge 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 judge, he shall be entitled and authorized to issue and cause to be served, any and all writs and processes, and he shall full authority to hear and determine all matters properly cotm'.ng before him and coming within his juris- diction herein specified. The writs and processes to be used shall be simi- lar to those used by justices of the peace in cases of a similar nature, and proper record shall be kept of the issuance 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 direc- ted to execute and serve any 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 constables and sheriffs in the service and execution of similar papers. See. 7.__0rlinances to give effect. The council shall pass all necessary ordinances to give effect to the provisions of this article, not otherwise herein provided. ARTICLE XII. FRANCHISE AND PUBLIC UTILITIES. See. 1. Elections for approval of franchises. No franchise shall be granted, extended or renewed by the city without the approval of a majority of the qualified electors residing within its corporate limits voting thereon at a primary, general or special election; the council shall submit any matter for approval Or disapproval to such election at any primary or general election or call a special election for such purpose at any time upon thirty days' notice; and the council shall require, before calling any such election, that the estimated expense thereof (to be determined by the council) shall be first deposited by the applicant for such franchise with the city derk. Sec. 2. Establishment of municipallv owned and operated utilities. The city shall have power to own and operate any public utility, to con- struct and install all facilities that are reasonably needed, and to lease or purchase any existing utility properties used or useful to public service. The dty may also furnish service to adjacent and near-by terri tones which may be conveniently and economically served by the mum'cipally owned and oper- ated utility, subject to the limitations of the provisions of the general laws of this state. 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, enlarge- ment or improvement of existing utility, and provide reasonable reserves for such purpose. -24- ARTICLE XI. CITY COURT^ Sec. 1. Establishment. There shall be and is hereby established in the city a municipal courts to be known and designated "The City Court of the City of Glendale, Maricopa County, State of Arizona". Sec. 2. When open; transaction of certain business on non-jundical days. The city court shall always be open, except on non-juridical days, and on such non-juridical days it may transact such business within its jun'sdic- tion as Is authorized by law to be transacted by courts of justice of the peace, relative to businesses within their jurisdiction. Sec. 3. Jurisdiction gen era 11^. Said court shall, within the territorial limits of said city, 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 said 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_ordi'n- ance imposed, and of every action for'the collection of any license, fine or penalty'due from any person to said city, and required to be paid, 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 precincts where said city is established, over all vio- lations'of the laws of the state committed within the limits of said city; said concurrent jun'sdictfon shall be subject to the rules of civil procedure applicable to trials before justices of the peace. Sec. 4.Presiding officer; appointment; term; justice of peace as city judge. The presiding officer of the city court shall be a city judge, who shall 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 the peace. Sec. 5. Disposition of fines, penalties and fees. A11 fines, penalties and fees collected by the city judge shall be paid to the property designated officer of the city authorized to receive them. -23- !n..the C1ty jai1,'.or' if.the council, by ordinance, shall so prescribe, in the countyja!1 of this (:ounty?.i" which case the expense of such'imprisonment shall be a charge In favor of said county against the city^ Sec. 8. Plenary and implied powers of the council . Ih.ecounc11 sha11 h3ve P1ensry power to enact and make all proper and necessary_ord1rlancesi reso1ut'!orts and o^ers to carry out and'give~effect~to the^express^, as well as^the implied powers granted in this'charter to'the end a-comp]ete'.harmo""'.ous.and.effect1ve municipal government'may be initia'^ ilJ.nstalled.'.operated.and mai"ta^ned in the city,'and thereby-protect'and l^theeights, interests^safety, morality,"health-and~we1fare~of the city and its inhabitants. ARTICLE XIV. SUCCESSION IN GOVERNMENT . Sec» 1. Rights of officers and employees preserved. . Nothin9-1n^th,is charter contained, except as specifically provided, shall . or 1mpair the n?hts or privileges of'officers'or'employees of~the''c?i or-of any offlce.' dePa'"tiT'ent or agency'exi sting at the-time"when~this charter'' take.effect'- or any Provision of law in force at the-time"when"this'char- terJha1Ltake effect and not inconsistent with the provisions'ofthis" charter. ..to.the.person(1e1.' appointment, rank, grades, tenure~of~office7pr:o^ >n'-.removaL Pension a"cl retirement rights/civil rights "or any'other'nj or-pr1vi1eges of officers or employees of the city Or any officer department3 o'r SQsncy. See. 2. Continuance of present officers. Ati^ persons folding administrative office at the time this charter takes continue in office and in the performance of their duties'untiT prov1s.10ns.sha11.haye been made in accordance therewith "for'the performance'of such duties or the discdntinuance of such office.' Sec. 3.Continuance of present offices, departments or agencies, ^Any office, department or agency provided for in this charter to be named orl.w!th_powers,and dljt1es. the same or substantially the same as"those heretofore ^?i* !!??l1 -?e-dee?ed a continuation of such office, department'or agency' and^shall have ^powers to continue any business proceedi7ngs-or'other mattSrs"'w1th- ln-thLscope-of_the powers and.dut1es prescribed by this ^charter. "Any'off ice,' depart"1en.t..or-agency'.not Provided for in this charter,"heretofore ex'isting^' continue to exercise powers and duties as the same were'heretofore'e^er- -?nd-.!?TlL?ave_the p^wer to co!?t"inue a"y business proceedi7ngs"or'other' ^ters.w2thin the SCOPe.?f Tts regular power's and duties until" s'uch'offi'ce', departlTlent_or.agency shan be chan9ed or abolished by the coundFas heretofore provided in this charter. Jhe^powers^conferred and the duties imposed upon any office, departanent or agency of the city by the laws of this state shall'."if'such'office^depa'rtmen!1 .y -26- ARTICLE XIII. G^ERAL PROVISIONS. Sec. 1. Publicity of records. All records and accounts of every office, department or agency of the city shall be open to inspection by any citizen, any representatlve'of a citizens' organization or any representative of the press at ati reasonable times and under reasonable regulations established by the city manager, except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish. Sec. 2. Official bonds. All elected and appointed officers and such other employees as the council may by general ordinance require to do so, shall give bond in such amount and with such surety as may be approved by the council. The premiums on such bonds shall be paid by the city. Sec. 3. Oath of office. Every officer of the city, whether elected or appointed under the provi sions of this charter, or under any 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. Sec^_ 4. Liability insurance. The council shall procure liability insurance covering the city and its officers, agents, and employees white engaged in governmental or proprietary capacities. The premiums on such insurance shall be paid by the city. See. 5. Short title. This charter, adopted by the people of the city of Glendale, shall be known and may be cited as the COUNCIL-MANAGER CHARTER OF GLENDALE. Dec. 6. Separability clause. If any section or part of section of this charter shall be held invalid by a court of competent jurisdiction, 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, except to the extent that an entire section or part of sec- tion may be inseparably connected in meaning and effect with this section or part of section to which such holding shall directly apply. Sec. 7. Violations of charter and city ordinances; imprisonment of violators. The violation of any provisions of this charter, or any ordinance of the city, shall be deemed a misdemeanor, and may be prosecuted 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 imprisoned -25- Dated at Glendale, Mancopa County, Arizona, this 7tii day of March, 1957, and respectfully submitted. BOARD OF FREEHOLDERS Wo C JACK, CHAIRMAN DONALD VAN CAMP, VICE CHAIRMAN VERNON E. SOLT W. 0. NELSON DONALD E. SELL' R. P. BARNARD EDWARD P. LeGENDRE DONALD E. WAFT R« K. TRUEBLOOD CHESTER E. GILLETT ALBERT L. CARNEY WALT B. ADAMS, SR. CHARLES TRAUBEL WINTER D. WHITE W. A. GILCHRIST, SECRETARY TO THE BOARD OF FREEHOLDERS -28- or agency be abolished by this charter or under its authority, be thereafter exercised and discharged by the office, department or agency designated by the council, unless otherwise provided herein. Sec. 4. Continuance of appointive boards and commissions. All appointive boards and comimssi'ons, heretofore existing, shall continue and shall exercise such powers and duties as was granted them until such boards and commissions shall be changed or abolished by the council as heretofore pro vi'ded in this charter. See. 5. Transfer of records and property. A11 records, property and equipment whatsoever of any office, department or agency or part thereof, all the powers and duties of which are assigned to any other office, department or agency by this charter, or under its authority, shall be transferred and delivered to the office, department or agency to which such p.owers and duties are so assigned. Sec. 6. Continuance of contracts. All contracts entered into by the city, or for its benefit, prior to the taking effect of this charter, shall continue in full force and effect. Sec^ 7. pending actions and proceedings. The adoption of this charter shall not abate or otherv/ise affect any action or proceeding, civil or criminal, pending when it takes full effect, brought by or against the city or any office, department, agency or officer thereof. Sec. 8. Ordinances to remain in force. All ordinances, resolutions and regulations o-f 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 repealed, Sec. 9. Inauguration of government under this charter. If a majority of the qualified electors of the city, voting on the ques- tion, vote to ratify this charter, the provisions of this charter shall go into effect for all purposes immediately upon the approval of the governor as provided by the constitution of this state. ARTICLE XV. AMENDMENTS. Sec. 1. Method of amendment. This charter, or any part or article or section thereof, may be amended in the manner provided by the constitution of this state -27-