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City Clerk - Administration and Management Records - Organizational Reporting Records (10)
GLENDALE CITY CHARTER 1970 PART I. THE CHARTER. l 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 qiialified electors of the City for their adoption and approval for the govern- ment of the City of Glendale as a Home Rule City. March 7,. 1957 Article I. § 1. § 2. § 3. § 4, § 1. § 2. § 3. § 4. 5, § 6. § 7. § 8. § 9. § 10. § 11. § 12. § 13. § 14. g 15. § 16. § 17. § 18. § 19. § 20. § 1. § 2. § 8. § 4. § 5. § 6. J^ncprporation, Form of Government, Powers and Boundaries. Incorporation. Form of government. Powers of city. Boundaries. Article H. The Council. Powers of the council. Number; selection. Term of mayor; election in 1958.. Terms of coimcilmen; election in 1958; designation of long-term and short- term councilmen. Qualifications. Duties of mayor. Mayor pro tempore. Salaries of mayor and counoilmen. Coimcil to be judge of qualifications of its members Induction of ma;''or and council into office. Absence to terminate membership. Vacancies in coimcil and office of mayor, Council meetings; open to public. Special meetings. Rules of procediu-'e; journal. Quorum; ayes and nays. Failure to vote. Consideration of petitions. Iittei-'ferei-ice in administrative service. Conduct of council as to powers authorized by charter when no procedure established by state law. ArtideJIL The City Manager^ Appointment of city maiiager. The city manager; qualifications. City manager; powers and duties. Right of city manager to seat In council. Acting city manager. Removal of city manager. Glendale City Code Article IV, AdministraUve Departments, Offices and Employees^ § 1. Administrative departments and offices. § 2. City clerk. § 3, City treasurer, § 4. City attorney. § 5, Merit basis of appointment. § 6. Merit system to be established. Article V. Appointive Boards and Commissions, § 1. Appointive boards and commissions. § 2. Mayor and city manager ex officio members. Article VI. Finance and Taxation. § 1. 2. § 3. § 4. § 5. § 6. § 7. § 9. § 10 § II, § 12. § 13. § 14. § 15, § 16. § 1. § 2. § 3. 4. § 5. § 6. § 7. § 8. § 9. § 10 Fiscal year Council to provide for tax systein; use of county services. Siibmission of esi-imates to council; scope of city manager's estimate, Preparation 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 approprfations; 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. 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, 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. The Charter § 11. § 12. § 13. § u. § 15. § 16. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. § 1. § 1. § 2. § 3. § 4. § 5. § 6. § 7. How ordinances to be revised, re-enacted and ai'nended. 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 K. Elections. Permitted types of elections. Application of state law. Qualifica.tions of electors; registration. Arrangeinent 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 busliiess on non-juridical days. Jurisdiction generally. Presiding officer; appointment; term; justice of peace as city judge. Disposition of fines, penalties and fees, Power of city judge to issue writs and processes aiid 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. Ordinances to g-ive effect. Art. I, § 1 Glendale City Code Art. I, § 2 § 1. § 2. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. Article XII. Franchise and Public Utilities. Elections for approval of franchises. Establishment of municipally owned and operated utilities. Article XIIt. General Provisions. Publicity of records. Official bonds. Oath of office. Liability insurance. Short title. Separabllity clause. Violations of charter and city ordinances; imprisonment of violators. Plenary and implied powers of the council. Article XTV. Succession in Government, Rights of officers and employees preserved. Continuance of present officers. . Continuance of present of'flces, departments or agencies. Continuance of appointive boards and commissions Transfer of records and property. Continuance of contracts.' Pending actions and proceedings. Ordinances to remain in force. Inauguration of government under this charter Article XV.. Amendments. § 1. Method of amendment. ARTICLE L INCORPORATION, FQRM_OF GOVERNMENT, POWERS AND BOUNDARIES, See Inoorppr at x p_n , The inhabitants of the City of Glendale, within the corporate limits as now established or as hereafter established in the manner provided by law, shall continue to be a municipal body politic and corporate in perpetuity, under the name of the ''City of Glendale". Sec. 2. Form of government. The municipal government provided by this charter shall be known as the COUNCIL-&-IANAGER GOVERNMENT, Pursuant to its provisions and subject only to the limitations imposed by the state constitutio.n and by this charter, all powers of the city shall be vested in an elective council, 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 Art. I, § 3 The Charter Art. II, § 2 for the orderly government 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 prescribed by this charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinance. Se c . 3 . P.o w e.r s 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 all 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, a-ad especially to enter into contracts, cooper- ative and otherwise, with the government of the United States, the State of Arizona, Maricopa County, or any other mui-iicipal corporation of this state for the construc- ti.on, maintenajice and operation of roads, highways, parks, sewers, waterworks, public utilities, and buildings (when used for public purposes), all when deemed for (.he 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-here - in or implied'hereby, or appropriate to the exercise of such powers, it is intended 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. Sec Boundaries. The boundaries of the cifcy shall be the boundaries as established at the time this charter takes effect, or as such boundaries may be changed thereafter in the manner authorized by law. ARTICLE II. THE COUNCIL. Sec P o'w ers of the council. All powers of the city, not m conflict with the constitution aiid subject to the limitations of this charter, shall be vested in the coLun.cil, who shall enact appro- priate legislation and do and perform, any and all acts and things which may be nec- essary and proper to carry out these powers or any of the provisions of this charter. Sec. 2. Number; selection. The council shall consist of a mayor aiid six couacilmen elected from the city at large. Supp. 7 70 Art. II, § 3 Glendale City Code Art. II, § 7 Sec. 3. Term of mayor; election in 1958. , The term of office of the mayor shall commence at 7:30 P. M. en the first regu- lar meeting of the coun.cil in April following his election, and shall be for two years or lUTitil his successor is elected arid quslified. The first election for mayor shall be held at the primary and general elections in 1958, as provided in this charter. However, until that time, the mayor shall be elected by and from among the member- ship of the council as provided by law. (5-25-70.) Sec 4.Terms of councilmen; election in 1 958 ; deslgnaUon of long-terroTa.'ndshort^-term counc il_m,eji_ The terms of office of councilmen shaJ.1 commence at 7';30 P, M. on the first regu- lar meeting of the council in April following their election, and, except as otherwise herem provided, shall be for fouryears or until their successors are elected and quali- fied. However, the terms of the present elected coimcil shall not be shortened and the present Lticumbents or their duly appointed successors shall serve their. elected terms. At the primar;' and general elections to be held in 1958, as provided to this charter, six councilmenare to be elected. The councilmen so elected shall be divided into long-term and short-term councilmen. The three receiving the highestnumber of votes sh'all fill said of- fices for the long terms an.d the other three shall fill said offices for the short terms. The long-ternicouncllmen shall serve Ml four-year terms or until their successors are elec- ted and qualified; the short-term councilmen shall serve two-year terms or until their suc- cessors are elected and qualified. Thereafter, biannually, three councilmen shall be elected for four-year terms or uiitil their successors are elected and qualified. (5-25- 70.) Sec .Qualifications. The mayor and councilmea shall be qualified electors and freeholders of the nity and shall hold no other public office for which they receive compensation except that of a notary public or member'of the National Guard or naval or military reserve, and shall have resided in said city for three 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 convicted of a crime involving moral turpitude, his office shall immediately become vacant. Sec. 6. Duties of m.ayor. The mayor shall be the chairman of the coimcil and preside over its delibera- tions. He may make and second motions and shall have a voice and vote in all its pro- ceedings. 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 admmtstrative duties. See. 7. Mayor pro tempo re. The couiTicil shall desi.g.iiaie 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 perform the duties of the mayor during his absence or disability Supp. 7-70 Art. II, § 8 The Charter Art. II, § 13 Sec. 8. Salaries of mayor and councilmen. The annu£U sal.ary of the mayor shall be two fcl^ousand four hundred dollars aimuaJ-ly me! the salaries of councilmen shall be one thousand £wo hundred dollars annually, payable in monfciily installments, until ch^ged by oi-draance,! but shall not be increased during the current term of mayor and councilmen votmg on the enactment of such ordinance. (Ord. No. 296 (N. S.).) 1. For present salaries of mayor and cou.t-icumen, as established by ord- inance, 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 pro- duction of records, but the decision of the council in any such case shall be .sub- ject to review by the courts. Sec. 10. Induction of mayor and council into office. At 7:30 P.M. on the first regiilar meeting in April following the general election, the council sha1..lhold a meeting for the purpose of inducting the newly elected mayor and councilmen, and to organize the council. (5-25-70.) Sec. 11. A b senc_e to terminate me m be r s hi p . If any councilmaii shall be absent from more thaji two consecutive regular meet- ings without the consent of the couxicil, he shall thereupon cease to hold office. If the mayor shall be absent for more thaii two consecutive regular meetings without the co'nsenfc of the council, he shall thereupon cease to hold office. S e c. 12. V a c a n c 1 e js_ i_n c ouncil and office of mayor. The council, by a majority vote of its remaining members, shall fill the vacaiicies in its OY membership aiid in the office of mayor for the unexpired terms. Sec . 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 fx'equcntly khan tv/o times each month. All meetings of the council shall be open to the public. Supp. 7-70 Art. II, § 14 Glencale City Code Art. II, § 19 Sec, 14. S p e c i a 1 me e ti n ^s_. The mayor may, or at the request of three members of the council shall, by giving notice thereof to all members of the councU then in the city, call a speciaJ. meefcmg of the council for a time not earlier than three nor later than forty-eight hours after the notice is giv&n. Special meetings of the council may also be held at any time by the common consent of all the members of the coimcil. Sec, 15. Rule s of p r o ce^ure ,_ journal. The council shall determine its own rides and order of business subject to the provisions offchis charter. It shall keep a journal of its proceedings and the journal shall be open to public inspection. Sec. 16. Quorum; a37 es and nays. A majority of the members of the cou&cU 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 councU shall be excused from. voting except upon matters mvofv ing'the'consideratio-n of his owii official conduct. In all other cases a faflure to vote shall be entered on the minutes as aja affirmative vote. See/ 18. Consideration of petitions. Any citizen of the city may appear bsfore the council at any regular meeting and present a written petition; such petition shall be acted upon by the council, in the regular course of business, within thirty days. Sec. 19. interference in ^administrative servi.ce, Except as otherwise provided m this charter, neither the comicil nor aiiy of its num bers shsM interfere with the execution by the city majaager of Ms powers ELnd cliities, or order, directly or indirectly, the appoiRtmenfc by the city manager of any person to ail office or employm.enfc or his removal therefrom. Except for purposes of inquiry, the cou-ncil'and its members shall deal with the administra- five service under the city manager solely through the city manager, and neil-her the'comcil nor any member thereof shaU give orders to any subordinate 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 aiid freely discussing with or suggestmg to the city msmager anything pertaining to ciiy affairs or the interests of the city. Supp. 7-70 Art. II, § 20 The Charter Art. IH ^^_-_-AJL___-^;_<?-I2_I'.)_y-£-L_OJL-^-.-2-y-'LC ] ^ a s t ° ?) 0 w c r s ,,9 u t iw r j ?'_ft.d_J3^ c li ;i r t c r \'.-' li c n. n o i") r o e c; d u r e c s t a 131 i s h e d )) y s t nic 1 a \'>'. Whenever, by a^y px'ovisions of this charter, it is prescribed that any power, duty or procedure shall or may be exercised, pei.-foi.-rned or adopted in Lho manner established by any law of tliis state, and there be no procedure established by law therefor, then f.he council shall by ordinEmce pt-cscribe the procodure. ARTICLE TIT. TIIE CITY MANAGER. See, 1. AppoJn^t_iTieji^_oJ'_j:;iJ^y manager. The council shall appoint an officer of the. city who shall have the title of city manager and shaU liavc the powers aiid perform the duties in this cha.ri.er. provided. No. councilman shnll recejve such appointment duriiig the term for which he shall have been elected, nor within one year after the'expiration of hjs term. S ec ._ _2 , The c i i.y m a n a g' e rj_ q u a 1 ifi c a ti on s,. The cit.y inanag'er shall be chosen by the council solely on the basis of his execuf.ive and administrative qualifications with special reference to his actual experience in, or his knov/ledge of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time. o'f his appointment, he need not. be a resident of the city or sta1:e, biit during his tenure of office he shall reside wltlim the city. Sec ._Cj_fc3'__ma n a R e i-; powers and d_u_tj^s_. The city manager shall be the chief executive officer and liead of the administrative branch'of the dry government. He shall be responsible for the proper adn-iinistration of all affairs of the city and to that end, subject to the provisions of this ci'iartcr, he shall liave power and shall be required 1;o: (1) Devote his entire time to the discharge of his offic.ial duties, attend all meetings of the council unless excused therefrom by the couiicil or the mayor; (2) Sye that all ordinances are enforced and that the provisions of all franchises, leases, contrac'ts, pormif.s ap-ci privileges'granted by the city arc obser'\'cd; (3) Appoint, and when deemed necessary for the g-ood of the service, lay-off, suspend, transfer, dGmo(.G or remove all department lieads, officers and employees of. i'.hc cit.y, siibjccl. to such me.ri't system rcguJ.a1.ions as the council may adopt; (.1) Prepare the annual budf^'c.l. pstjmntes Qnd subitiit {.hem to the coujK'-il <'u'id be responsible for the adn-iHiiBlraiion of (.he budo'cL after adoption; Supp. 1-66 Art. Ill, §Glcncialc City Code Art. Ill, § 6 ^"-l; (5) Keep the council advised at all times of the affairs anc] i-iscc.Ls of the city, and make report,!' annualty, or niorc frcqiten£].y if requested by the council, of all (.he ai'fairs of Die cily; (6) Act as purcliasing agent for all departments of the city; (7) I'lavc such otlicr powers, duties and functions as tiiis charter may pre- scribe, and such po\vers, duties and functions consistGnf'. with this charter as the couiicll may prescribe. Sec .^Jjdlt-o_f_CJ.l.i:_-m.a-n 8K G r__ t o seat j n c, o_u n c i 1_ The city manager shall be entitled t.o a sea<L in the. council, but shall have r.o vote tlicrein. The city manag-e'r shall liave the rjght. to take part in the dis- cussion of all matters coming before the council, See,AP tins c i t.y m a n a g e r If the city manager is absent from the city, is unable t.o perform his dut.ies, or is suspended by l.hc 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 hiy disability or saspenslon ceases, or until another city manager .is appointed and quahfies, as the case may be. No acting c.lty manager si-iaJ.1 hold his position as such -for more than fotir months, and uo.appoint- ment of ail acting city mai-jiager shall be renewed. Wlien lliere is a vacancy in the office, the council shc dl fill the position within four months of the creation of the vacancy. Sec Removal of city manager The coiincil sliall appoint, the city manager for an inclctimte term and may re- move him by a majority vote of its members. At least thirty days before such removal slia}}, become effective, the council shall by a majority vote of its mcmbsrs adopt a preliminary resolution stating the reasons for his removal. Within ten days, the city maiiagGr may reply in wriling- aiid may request a public hearing which shall be held not earlier, thaii Lwenty clays nor later tlian tlurfcy ciays after the filing of such reqi.cst. Afl.er such public hearing, if one be requGStcd, and after full consiclcratioi), Die couiicil by inajoril.y vote of its members niay. adopt, a final reso- lutiou of rBm.ovai.. By the prelj.minary resolution the council may suspend the mannger froin duty. U the removal is for mnlfcasancc, or miisfcasancc in the perform ancu of lus d.ii.ic,-; or he slial] be convicted of a crime ui.volving inoral lurpitiidc, l.hs coiti'icil shall caiise l,o be paid lun'-L aiiy salary citio lum to (.lie date of ilie prci.imin.ary i-ysolittion. OUicrwise, l.hc manager shall be pa.id .forUiwifcli upon his removal liis salary for the nc.xl 'i.wo calen.dar mont.lis following the adop- tion of t.iic. prc-'liinDinry resolution o.f rc'noval. )) h; 7S 10 Supp. 3.-6C 0 Art. IV, § 1 T!ic Charter Art. IV, § 4 ARTICLE_IV, ADJ\': I Njy-:(;RAT.TV}^ U IP]:7ARTM ENTS, OPFICIiS AND EM.I.'LOYKJ^S. S^c_c_: 1. A;im mi strati ve d e.par tnien (,s and ori'i_CL£^_; The council, by ordinance not inconsistent wif.h lliis cliarter, shall provide for the oryanixat.ion, conduct and operation of the several offices and depart- naenfco of the city as established by th.iB charter, for the creation of additional deparfcmentH, divisions, offices and agencies aiid for their consolidation, alte- ration or abolition. The coLincil, by ordinance not. inconsistent with this charter, may assign additional functions or ch\ti^s to offices, deparhTients or agencies. \\''l'iere the positions are not inconipafc.ible, ihe coLinc.il may combine in one person the powers and duties of tv/o or more offices created fir authorized by this charter The councH shall provide for the number, titles, qualifications, powers, duties and compensation of all officers and employees of the city. Sec City clerk. The council shall appoint an officer of the city, who shall have the title of city clerk, a.'id \vho 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 resolutioiis, and shall perform such other duties as shall be reqiiired by this cha-rter or by ordinance. He will serve at the pleasure of the council. S e.c City trcasur_er The counci) shall appoint mi officer of the city, who shall have the title of city treasurer, and wlio shall receive and have custody .of all the money of the city and shal? keep and save said nioney aiid dispense tlie 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 whojn legal garnjshments aiid deinands may be served, lie will serve at the pleasure of the co.uncil. Sec;City attorziev The council sliall apiX)iiu tlie city atlorney who shall be the chief legal adviser of all officers, dcpartmeiits and agencies tu-id of all officers and employees in mat.l.ers rclaf-ing l.o their official powers ajici duUes. He shall represeni: the city in all legal proceedings. It slul.1 be his duty 1:0 perform all services incident to tus position as may bo required by sf.al.itte, by this chart.ei-- or by ofdinance. lie will serve at the pleasure of the council. 11 Supp. 1-C5 Art. IV, § 5 Glcndalc City Code Art. VI, § 2 See. 5 . M e r it basis of appoi.ntmcnt. Appoint rn en fs and pronwtions in the ad.mlnistrat.J.ve service of the city shall .be made in accordance to mGrit and fitness to be ascertained, so far as pracU-- cable, by competi(:lvc examination. Sec.b.Merits3rstcnT_tobe_estaj31 i s h G d . The council sliall, by ordinance, provide for the establishment of a merit system for the purpose of regulating and controlling- the appointmvnts, promotions, demotioiis, discharges and reinstatc:;ncr>ts of all officers and employees of the city except those elected by the people and also except, the city manager, city clerk, city treasurer, city fiUorney and city judge. ARTICI..P: V. APPOINTIVE BOARDS, A^7D, COMMISSIONS^ Sec^ A.^^_Aj^j;)_oJjiJ_i_v^_^o_ar d s_ji_n d c o m miss i_on-s_ The council may, by ordinance, create boards or commissions as in its judgment, are required or as are now or hereafter provj.ded by law, and may grant to them such power and ctuiles as are consistent with the provisions of this charter. Sec .Mayor and c^- Y__m_a "AS e r e x - o ffi c i o m e in. b e r s The mayor and city manager shall be ex-officio'members, v/ithout votlng privileges, of all boards and commissions. ARTICLE VI. FINANCE AND TAXATION. See. 1. Fiscal year. The fisc^Uyear of the city Shall commence on the first day of July of each year. See. 2. _C'_Q_UJl.cjJ_lP provide for tax system; use of c.ounty services. T}ie council shall by ordinance provide a systcni for the assessmenf;, levy and collection of all city ta-xes, not inc.onsist.cnt witli the provisions of this charter. The council shall have power to avail itself by ordinaiicc of rmy law of this state, now or 5-icrcafler 111 forcu M-id coinply \\'ith tho reQuirements Lliorcof wlicre- by 'cLKScssmcnts may be made b.y the assessor of the 0011114, in which the city is situated, and laKi-s collected by the tc'ux collector ol s.iici county 1'or and ui belialf of Uie city. Othcn' provisio)]£i of this cha'i.'l.c'.r conccniiiig t'lie assessment, levy and collection of t.^\cs shall be; subject to tiic provisions of any such ordinance while the same sliall be m lox'cc. ^ . V) Ti 12 Supp. 1-66 Art. VI, § 3 The Charter Art. VI, § 6 Se;Submissions of estimates to cou'ncil; scope of c ity m a n a g' e r s ' e s tin'iate , On or before the first regular coimci.1 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 ov-ni personal report a»rl recommendation aiid estimate as to the probable ex- penciltures of the city for the next ensuing fiscal year, stating the amount in de- tail required to meet a-11 expenditures 'necsssary for city purposes,. includmg interest and sinking fimds, and outstan.ding' indebtedness, if there be any; also ail estimate of the amount of income expected from all sources in each deparfc- ment, and the probable amount required to be raised by taxation to cover such expenditures, interest and sinking fund. Sec . 4 .Preparation and t e_n t_a five adoption of a. budget; publication of budget a IT. d notice of meeting to fix tax levies. The council shall meet annually prior to fixing the tax lev^r, and make a budget of fche 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 a.s.6 every purpose, and such budget, together with a notice that the council will me.et for the purpose of r.iaking 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 Piiblic hearing and adoption of budget. The council shall meet on the seventh day before the day on which it levies taxes as desigiiated 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 asy proposed expenditure or tax levy. Wli.en such hear- ing shall have been concluded, the council shall finally destermine and adopt estimates of proposed expenditures for the various purposes as set forth in the published pro- posal and such adopted estimates will constitute the budget for the current fiscal year. The total amoujits in the budget proposed for expenditure shall not exceed the total amoLUits proposed for expenditure in the published estimate. (5-25-70.) Sec Adoption of ordinance fixing tax rate_^ On the day set for making- tax levies, but not later thani the third Monday in August, the council shall meet and adopt an ordinance levying upon the assessed valuation of ths property within the city, subject to the provisions of t3iis charter, a rate of taxation upon each one hundred dollars of valuafcion., suffici.ent to raise the amoiints estimated f;o be required in the aimual budget, less the amounts estimated to be received from fines, licenses and other sources of revenue 13 Supp. 7-70 Art. VI, § 7 Gle nd ale City Code Art. VI, § 12 See. 7 . Ad d it i o n al t. a x cs for special purposes. The cou.iic.il shall have the power to levy and collect taxes in addition to the taxes herein authorized to be levied and collected, sufficient to pay,the interest and maintain the sinking fund of the bonded indebtedness of the city, and to pro- vide .for the establishmsnt 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 numicipally owned and operated utilities,.. The.counci.1 shall have the power to lev^' a Transaction Privilege Tax (Sales Tax) subject to approval by a majority of the qualified electors voting in the election, Sec. 8 Taxes to be uniform and for publ1c'purposes only; g r o'pe'Fty" t_o_' b e- assessed asp r o v id e ^_blLjJ-w_' All taxes shall be uniform upon the same class of property within the corporate limits, and shall be levied and collected for public purposes only All property shall be assessed as provided by law. Sec.Tax exemp t prope r ty. All the property within the city shall be subject to taxation, to be ascertained as provided by ordinance, except that property which is exempt from taxes under the'Iaws of the United States, the laws of this state, under this charter and ordin- ances of this city. Sec. 10.Budget establishes appropriations; method of expenditure. From the effective date of the budget, the several amouiits stated therein as proposed expenditures shall be and become appropx-lafced to the several objects and purposes therein named and may be changed only by ordinance The coancil shall, by ordinance, provide for the method of expending the appropriations subject to the limitafcions of this charfcer. Sec 11 T_r^n_s f e r of appr op r i aj. ion s_ The city manager may at any time transfer any unencumbered appropria- tion bal.ance or portion thereof between general classifications of expenditures within an office, department or agency. At the request of the city manager and within the last three months of the fiscal year, the council may by ordinEuice transfer any imencumbered appropriation balance or portion thereof from one office; department or agency to aj.iother. Se_c_.___l.2. Appi'op.i.'iations lapse at end of year. All appropriations shall lapse at the eiid of the fiscal year to the extent that they shall not liave been expended or lawMl;' encumbered. 14 Supp. 7-70 Art. VI, § 13 The Charter Art. VI, § 16 S e c^_13^. C 1 a_i m s or demand s against the c i. t;'. The couiicil shall prescribe b;'' ordinance the manner in which claims or.de- mands ag-ainst the city shall be presented, audited and paid. 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 fimd to be lmo\vn as the Cash Basis Fmid, for the purpose of putting the payment of the rimning' expenses of the city on a cash basis. For this purpose tlie council may provide that from the money collected from the aimual tax le\?y, and from the money received from other sources, a sum equal to not less tlian two and one- half cents on each one huiidred dollars of the assessed value of said property shall be placed in such fimd irntil 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 fuiids such sum or sums as may be required for the purpose of placing' such fund or funds, as nearly, as possible, on a cash basis. If. shall be the duty of the couiicil to provide that all moneys so transferred from the Cash Basis Fund shall be returned thereto befoi'G the eiid of the fiscal year. Sec. 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 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 inoneys 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 fim-ds from which such transfer was made whenever sufficient moneys shall accrue in. said bonded indebtedness fimds, from the regular tax levied therefor. Sec. 16. Iiidepefident 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, sha].l make an independent 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 accountaiity shall have no personal interest, direct or indirect, in '.he fiscal affairs of the city governm.eat or of any of its officers. They shall no£ maintain any accounts or re- cords of the city bi.isiness, but, within specificatioiis approved by the comici.1, sha-U post-audit the books and documents kept by the city and aiiy separate or subordi- iiate accoiints kept by aiiy other office, department or agency of the city government, 15 Siipp. 7-70 Art. VII, § 1 Glendale City Code Art. VII, § 6 Sec. 1 ARTICLE VII. ORDINANCES AND RESOLUTION_S^ Council to act by resolution or ordinance. The council shall act; by resolution or ordinance. Se_c__^2. Ay es and nays to be i_l.c-clIld.-ELd.: The ayes and nays shall be taken upon the passage of all ordmaiices and reso- lutions and entered upon the journal of the proceedings of the comicil Sec.V/hen majorit;' vote required_. A majority vote of all the members of the council shall be necessary to pass any ordinance or resolution having the effect of an ordinance. Sec .Enac ting style The enacting clause of all ordinaiices passed by t-he council shall be in these words: "Be it ordained by the council of the City of Glendale as follows:". Sec. 5. When actions to be taken by or ci inanc^_^_ Actions providing for any specific improvement, for the appropriation or expen- diture of an.yiuiblic -money in excess of the sum of fifteen hundred dollars imless the amoimt has'been appropriated in the adopted budget for the appropriation, acquisition, sale or lease of public property, for the levyiiig of any tax or assessment, for estab- lishmg or chmiging fire limits, or for the imposing of any penalty shall be taken by ord- inance'; provided, "that; such excepti.on be observed as may be called for in cases where the council takes action in pursuance of a law of the state. (5-25-70.) S ec. 6_. Reading and 'p a s^s_aK e o f o r d i n ance s and res pl u t^n_s_;' effec ti ve date. All proposed ordinances an.d resolutions having the effect of ordinances shall be subject to the following requirements for passage at any meeting of the couiicil: (a) Copies of a proposed orditiance and proposed resolution having the effect of an ordinance shall be in possession of the inayor aiid council at least seventy- two hours prior to the meeting. (b) By request of fche mayor or any member of the council, a f1vil.l reading of the proposed ordinance or resolution having the effect of a-n ordinance shall be ordered, otherwise such ordinance or resolution heretofore mentioned shall be read by number aild title only. The measure may be passed and adopted a.t any time after such reading, (c) Copies of titles of proposed ordiiiances or resolutions heretofore mentioned shall be available to (.he public for examination and posted at city hall seveniy-t\vo hours be- fore the hour tlie city council convenes to act upon tiie ordinance or resolution. \ 16 Supp. 7-70 Art. VII, § 7 The Charter Art. VII, § 12 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 operative thirty days after the date of their passage. (5-25-70.) Se^. 7, Emer.gency measures; effec five 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 may be placed upon its second reading and final passage at the same meeting as when first mtroduced upon the affirmative vote of five-sevenfchs of the members of the coun- cil taken by "ayes" and "nays. " An emergency measure shall take effect immediately upon its passage. (5-25-70.) Sec. 8. Motions to reconsider. Wlien an ordinance put upon final passage fails to pass, and a motion is made to re- consider, the vote on such motioii shall not be taken within tweniy-four hours thereafter. See. 9. Signing' of oydinaacesand^e_s^oj_u_tj^n^ All ordinances and resolutions shall be signed by the mayor and attested by the ci.fy clerk. Sec. 10. Pu'blication 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 pub- lished at least once in. the official newspaper of the city before they become effective and operative. Emergency ordinaiices necessary for the imraediafce preservation of the peace, health or safety of the city which have been pa'ssed by the necessary five~sevenl;hs vote of the members of the council and become effective and operative immediately, shall be publish- ed 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. Ordinaiices 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 adopt" ed in the metboc! provided in this charter for the adoption of orduiaiices. Sec. 12. How ordinances to be repealed or suspended. No ordinaiice or section thereof sliall be repealed or suspended except by ordinance 17 Siipp. 7-70 Art. VII, § 13 Glendale City Code Art. VII, § 16 adopted in the maiiner provided IR this charter, Sec. 13. Ordinances and resolutions to be filed, recorded and certified'; ordinances and resolutions as evidence. All ordinances aiid resolutions shall be filed and safely kept by the city clerk and duly recorded and certified by hi-m- in books for that purpose rs.arked "City Ordinances" and "City Resolutions" respectively; and record copies thereof certified by .the city clerk, or the originals thereof shall be prirna facie evidence of the contents of such ord- inaiices or resolutions and of the due passage and publication of the same, and .shall be admissible is. evidence in any court of this state,, or in any proceeding where the Qon- tents of such ordinance or resolution, or any of them, is in question; provided, however, that nothing herein contained shall be construed to prevent the proof of the passage aiid publication of any oz'dinii.nce or resolucion in the manner otherwise prescribed by law. Sec. 14. Procedure for adoption by reference, The council may enact the provisions of a code or public record theretofore in existence v/ithout setting- forth such provisions, but the adopting ordinance shall be pub- lished in full. At least three copies of the code or public record shall be filed in the office of the city clerk and kept available for public use and inspection.. A code or pub- lie record enacted by reference may be amended ill the same manner. No penalty clause shaJil be enacted by reference thereto. A penalty clause con- tained in a code or public record adopted by reference shall be set forth m fi-Lll in the adopting ordinai-ice. Sec. 15. Recording of certain ordinances. All ordinances extendUig or changing the boundaries of the city, zoning territory or establishing- or vacating of streets, alleys or subdivisions, after publication, shall be recorded in the office, of the Coi-m.ty Recorder of Maricopa Cou-aty and, after being so recorded, the game shall constilute public notice to all parties of the legal import t'here- of. Sec 16. Codificati-on of ordinances. Any and all ordinanices of the city which have been enacted and published in the mamier required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordin- ance code, and such code ma;' be adopted by reference, with the same effect as an ord- inance, by the passage of any ordinance for such purpose. Such code need not be pub- lished in the nianiier required for other ordiuaiices, but not less thaii three copies there- of shall be filed for use an.d examination by the public in i.he office of the city clerk prior to the adoption thereof. Ordinances codifjeci shall be repealed as of the effective date of the code. Amendments to the code sha.11 be enacted in the sanie msuiner as ordinances. 1-8 Supp. 7-70 Art, VIII, § 1 The Charter Art. VIII, § 6 ARTICLE VIII. CONTRACTS. Sec 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, except as it may be otherwise provided either by this charter pr by law, and must be comiter- signed by the city clerk, who shall number and register the same in a book kept for that purpose. Sec. 2. Contracts for city improvements. Any city improvement costing more than two 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 estimates. All such contracts for more than two thousand dollars shall be awarded to the lowest responsible bidder after such public notice and competition as provided in this charter. Sec. 3. Purchases. The city manager shall contract for and purchase, or issue purchase authoriza- tions for, all supplies, materials, equipment and services for the offices, depart- ments and agencies of the city. Ever^r such contract or purchase exceeding the sum of fifteen hundred dollars; shall require prior approval of the cour.cil. Every such . contract or purchase exceeding the sum. of three thousaiid dollars shall be awarded to the lowest responsible bidder after such public notice aiid competition as provided in this Charter; except for repairs which shall not exceed the sum of five thousand dollars. (5-25-70.) Sec 4. Bids. The aciverfcisenient for bids shall distinctly aiid specifically state the character of the city improvement contemplated and/or the kind of supplies, materials, equipment and services requil-ed. Such notice shall be published at least once in the official news- paper, not less thaii five days prior to the opening of bids. Bidding will be by sealed proposals omy and mider such regulations as may be prescribed by the council. Sec T r a n s fe r and sale of p r o p^j^ty_ The city manager may trajisfer to or between offices, departmenfcs and agencies, or sell, surplus or obsolete supplies, materials and equipment, subject to such reg-ulat-ions as the council may prescribe. Sec. 6. Contracts for official advertising. The city manager shall let ai-snually contracts for official advertisii^.g for the en- suing- fiscal year. For tliis purpose he shall submit to each legal newspaper publish" ed in the city; a notice describing the contemplated advertising- aiid asking for sealed 19 Supp. 7-70 Art. VIII, § 7 Glendale City Code Art. VIII, § 9 proposal.s. 'I'he proposals shall spflcify the type and spacing to be used at the rate or rates named i.n the bid. The city manager shall let the contracts for such official ad- vertising to the lovvesl and best biclclcr pubMsbing a nev/spaper of general cjrculatioR in the city; provided thafc ir. his discretion he may reject aiiy and all bids and proceed to secure new bids in the manner provided herein. The newspaper to which t.b.e award for such ad'/ertlsing is made shall be known Eoid desigr-ated as the ofii.cj.&l newspaper. Sec 7 . F r a u d and c ollus i o n. Any member of the coiincil or.any officer or employee of the city who shall aid or assist a bidder in securing' a contract to furnish labor, materials, equipmont, supplies or services at a higher price than that proposed by any other bidder, or who shsj.1 favor one bidder over another i3.y .giving or witholding inibrmation or v/ho shall willfully mislead any bid.cler in regard to the character of the labor, material, equip- ment, supplies or services called for or the conditions under \vhich the proposed work is to be done, or who shall kiiov/ingly accept materials, supplies or equipment of a quality inferior to those ca.lled for by any contract,, or who shall knowingly certify to a greater arnoimfc of labor or service performed than has been actually performed, or to receipt of a greater amoant or different kind of material, supplies or equipment than has been actually received, shall be guilfcy of a. misdemeanor aid shall be removed fro ni office. Sec. 8. Avoidance of contracts made through fraud, and collusion, If at any time it shcill be fouiid'that the person to whom a contract has been award- e.d has,'i.n presenting any bid or bids, colluded v/ith any other party or parties for the purpose of )?re venting any ofeer bid being made, then the coatract so av/arde'd sha]1 be null and void, and the city manager shaJ.1 advertise for new bids for said city improve- ments aiid/ or supplies, mafce'rials, equipment and services required, or the council may provide for such publio v/ork to be done by the city under the direction of the city inanag'er. See 9 P e r s o n a ]. i n t' e x'e s t. No member of tha council or any officer or employee of the city s.hall have a finan- cial interest, direct or indi'rect or by reason of ovv'nership of stock in any corporation, in any cont.ra.c.fc or m the sal.e to (.he ci.ty or to a con.tracfco.r supplying the city of any land or rights or interests in any land, materia]^, supplies, ©quipment or services. Any willful violafcion of this section shall constitate malfeasaiice m office, and any officer or employco of the city J'ouiid guilty thereof shs'Jl i.iiercby forfeit: his office or position. Any violation of this section. wll.li the knowledge express or implied of the person or corporation contracting vv'ith tlie city sliall rsnder the contract voidable by tiie city majiager or the council. 20 &.ipp. 7 70 Art. IX, § 1 The Charter Art. K, 5 5 Sec . ARTJCLS IX. ELECTIONS. Permitted types of elections. Elections to be held in the city shall be either priniary, general or special. (a) Primary elections shall be held for the purposes of making nominations 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 cify aiid such other purposes as the oouncil may prescribe. (c) All other municipal elections that may be held by authority of this charter, or of any law, shall be Imown as special elections Sec. 2. Application of state law. The provisions of the laws of this state relating to and governing the nommation 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 nom.lnation of elective officers and the conduct, of elections, except as otherwise provided in this charter. The counoil shall have power to luake any. further and additional pro- visions relating- to the nomination of officers and to the conduct of elections not re~ pugnant 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. However, in voting on the question of issuing bonds, in addition to being qualified electors of the city, the elector must be a real property taxpayer. 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 Sec. 4. Arrangement of names not to reveal source of candiciacy 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 candidacy or of the support of aiy caiididate. See. 5, T_i nie o_f l^ql c[in^~ p r i ma r y el e c tions . Primary elections shall be held on the fifth Tuesday preceding- the holding cf the general election. (5-25-70.) 21 Supp. 7-70 Art. IX, § S Glendale City Code Art. X, § 1 See. 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. Sec. 7. Nomi.na.fci on- for general election. .1; at any primary election there be any office, cr ol'fLces tc.whichl 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 elect! orj., 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 v/ho under the pro'/tsions of this section, would have been entitled to beconie a candidate for any office except for the fact that some other candidate received an equal number of votes therefor, then a.U sueh psrsons r'eceiving said equal number of votes shall likewise become candidates'for such office. Sec. 8, Time of ti aiding general election. There shall be a.general municipal election held every even year on the third Tuesday in March beg'inning in the year 1972. (5-25-70.) Sec. 9. Candidates receiving most votes to be elected. 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. Sec. 10. Special elections. The council shall provide the time, mamier and means of holding- any special election. All special elections shall be condLicted in the sanie maimer 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 oity the powers of the initiative and referendum and of thy recall of elective officers. The provisions of the con- stitutiosi and general laws of this state, as the same now exist or hereafter may be amended, goveruing- the initiative and rGi'e.r'Qndum and the recall of elective officers, shall apply to the use thereof in the city so far as. such provisions are not m confl.ict with the provisions of this charter. 22 Supp. 7-70 0 Art. XI, § 1 The Charter Art. XI, § 5 ARTICLE XI. CITY COUHT.. Sec. 1. Establishment. There shall be and is hereby cstablishcici in tho city a municipal court, to be imown aiid designated "The City Court of U-ic City of Glendale, Maricopa County, State of Arizona". See, 2. When open; transaction of certain business on non-j u ridl c al cla.-y_s_. The city court shall always be open, except on non-juridical days, and on such non-jur.'idlcal days if, may transact sucli business within its jurisdiction as Is aiithorixed by lav/ to be transacted by courts of justice of the peace, rflative to businesses within Lhelr jurisdiction. S^ec. 3. J u'r i s^i_c_U_o_n__fi_ej^^r'_aUj/__ ' Said court shall, within the territorial limits of said city have and exer- cise jurisdiction as follows: (a) It shall have and exercise exclusive original jurisdiction of all pro- cecdings of a c:';iminal natiire for the violation of any ordinance of said city, and of every action of a civil na.LLire for the enforcement of a penalty, or the recovery of a peiialty or forfeiture imposed by any ordinance of the city for violation thereof, or for neglect to perform any duly by any ordinance imposed, and of every acti-on 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. .A' (b) The-City Court shall have concurrent jurisdiction witli the justices of the peace, in the precincts where said city is established, over all violations of the laws of the state committed within the limits of said city; said concurrent juris- diction shall be subject to the rules of civil procedure applicable to trials before justicos of the peace. S.JLC__4 . Presidins- o ffi cer ;_apj)0).nti'ii ent; term ; j u slice of .fi^lCje as ,_city judge . The presiding officer of the city court shall be a city judge, who sliall be appointed by the coiincil and shall hold office during the pleasure of i,ho. couiicil. A juyf.ice of tlic peace in tlie city shall be eligible 1;o the office of city judge without forfeiting his pfl'lce as Juslice of (.he peace. Sec. . J?A.^PJ:?JJ-.U-9Jl_.9_LJjJl.§^-j-_.I?.£I!-<i^ ties and f c ^e s__ All fines, peiin.lt.ic.B nnd fees collected l\y tlic city jucls'c shall be paid to the propei'Jy designated officer of liic ci(,y authoriy-'id to rGceivc them 23 Supp. 1-66 Art. XI, § G Gk'ndi'ilc City Code Art. XJJ, § 2 'S_ec_^.___6^ _£f?J_Y.£.r_..J)J'...<LLt3L-J.^Ly-C..J:.o^.-^,AL^.WJ;LUR^A'lcL-tU\9^1c.s-s^_^ and to iic;<r cu^cs: )'i;i (. u r c of writs andprcccsscs; }; p. c o r d s t 0 *J c 1< c. J^ t :._,cl y j. v o J' p o 1^ i ce t. p_,y.>L(lc-lt-LG_i. s_e:r'vo an^d ma kc i)).'opc;r rctu rn o l'.,wFjjLJLJUlcL£J-°r. C U S R C; S . For the proper carrying out: of the. ji^'.isdiction, vest.Cf.l'in said dt.y judge, he shall be cntit'lcd find aiiliiorizcd ;.o issue and cause to be served, any and all writs and processes, and be sliall iiave fuJi authority to liear HJK'I t!G{:erm.]nc a]! i-nattcrs properly coining before iiiin and coining within h'i.s Jiirisdiction he'rein ypcci.f.iecl. The writs and proce&scs to be L!SGCI siuill be si.m.ilar to thosu used by jiistices of thG peace in cases of a sin-ii'lnr nauire, and proper i.'ccord shajl be Ivept of the i.ssuance of writs anti processes and returns, and of any kind and all other actions l.akcn rela- five thereto, and l.he actions; of the courl. t.hGi.-con. Th® police of the city are hereb;^ authorized and directed to uxecui.e and serve any and all writs and processes issued out of said city coLirt by said judge, ?jic3 proper return shall be made by such officer to the same extent as 'is r'eqiii.red of constRbles and shorli'fs in the sc-ii'vice and exe- ciition of similar po-pevs. See. 7. 0 ): d i n a ncc.s to sive e'f feet. The council sha31 pass all necessary orclmances to give effect to the provisions of this article, not othc:rv,'isc, herein provided. ARTICLE XII. FRANCHISE AND PUBLIC UTILITIES, See. 1. E ] ec tion s for a- p p r,o val ^o_f fr an clu s es . No .franchise shall be granted, extended or renewGd by the city wHhout the approval of a majorify of the qualified elecl'ors rcfc.ir.ung' v,'it1un its corpiorate limlt.s voung thereon at, a prim.;u:y, genGral or special election; the council sliall , submit any inatter {'or approval of (.Usapproval to such election. at any priniary or general election or call a spc'ciai election for such purpose at any tiine upon thirty clays' notice; and t)ie council shall require, before calling any such election, that the estimated expense thereof (to bo dcturminGd by the council) shall be first deposited by tlic npplicant for such franchise \\-Jt:)i (.lie city clerk. See. ?. . .EslrJ;}]_ish^n_Gj-L[_^Lj2uiiLLCJJ2^1^ li tillt i e s ; Tile city sliall ha\'e po\\-'e}; 10 o\\'ii and oporntc any pubJic iitility, to const.ruct and install all facililic.s lli;-tl. urc rc;ayoi',;ib:]y ncudo'l, and to le.isc or purcliafjc any CNisiJiig ui.ilif.y properties used or iisoiiil l.o pi iblic service. rhR c.il.y m;iy also ftiriush service to adjacent anci iSH.'-iv-by terriiorics which in;iy be convonic'ntly and cconomicnily sc.'r- vcd by (.lie municip;illy ov.'nec} ^d ojjeralcd ulihiy, siibjccl: to llic limiliitioiis of [.he- pro- visions of f!u; ?;p.1uu'al lav,'s 01' this .st:i',c. 'J'lic council in;ty provide by orcilnancc for liiG .cstabliyl.incnl ol' sucli utility .uxl i-irovido for it;; re{!:iil;^ion ani.l coiit.ro] nad the Hxiny; of ratos 1o bf cii.-ir^ccl. Tiic couii.uil m^y l;iy ordinance [)ro\'ido t'or the. exlcnsion, cnlarge- merit or i;npro\^nu'nt.<;fcxisiiii^uti];.ty, ;uid pi.-ovif.lc rcaHona.blc reserves for each purpose. 9.,! iiipp. J.-G6 Art. XUI, § 1 The Char tcr Art. XHI, § 7 r^ r ARTICLE X.I1T. GENERAL PROVISIONS, See. 1. Pub5. i ci tv of records. All records and accounts of every office, department or agency of the city shall be open to inspection by any citizen, any rcprcscnl.ative of a citizens organj.zaf.ion or any rc-presenfative of the press at all reasonable times and uiider reasonable regula- tions established by the city manager, except records and docuinents the disclosure of which would tend to defeat the lawful purpose which t]'j.cy are iniended to accomplish. Sec. 2. 'Official bonds. All elected and appointed officers and such other employees as the council may by general ordinance require 10 do so, shall give bond in such amount and with such surety as may be approved by the council. The premiunis 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 provisions 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 consl.itutioii. See,, 4 , Ij i ability insurance. The council shall procure liabiljty insurance covering the city and its officers, agents, and employees'while engaged in governmental or proprietary capacities. The premiums on such insurance shall be paid by the city. See.Short title This charter, adopted by the people of the city of Glendale, shall be l<riown and may be cited as the COUNCIL-MANAGER. CHARTER OF GLENDALE. S^ec_.___6 . " _S e pji r ab J']_H_Y c l_a u s e . If any section or part of section of tliis charter shall be held Jtnvalid by a court of competeiit jurisdiction, siich liolding shall not affect tho remainder of this charter nor tlie context in which such secUon or part of section so held invalid ma.y appear, except to the extent that an entire section or part of section may be. inseparably connected in moaiung and effect with this sectioii or part of section to which SLich holding shaU directly apply. See. 7 . Violations of c lia r < or and c i ty or clinance s; _im_- pr Is onm en to J.' v i. o I a to r s . The violation yf s\ny provisions of this cliarl.or, o-r any ordinance of the city shall be deemed a misdemeanor, and inay !:.<; j.irosccutGd by the authorities of the 25 Supp, 1-66 Art. XIH, § 8 G)crj cial(-:' Ci!y Cocle Art. XIV, § 3 r"\ "\ ; ci(y in tisc name of tii(j state of 7\ri.xona, or may be rcdi'oBRccl by civil action, at fnc optiuri of the coyi'j.cil.. Any pc.rBon scntenc'ycl t.o iinprisonincni. fo); vioL'ii'Jon of a provi.'iion of iiiis fcli aj-tci', or of a;) ordinance may be imprison.cci in the city jail', o-.', if the council, by ordinanco, sliali. so prescribe, ui the county jail of this county, in wi;ic)i uasc i;hG expense of sucl'i. ni'iprisonmcnt shal). be a charge in favor of said county iigfLinsf: (.he city. See.Plenary a n d im plj_ed power s of the cpt ino_j_l^ The council shall ;),ave j-ilcnary po^'-cr i.o cii.act and malce nl1 proper and necessary ordinancfis, resolui.io;).;., fiiul ordci.'s (.0 carry out and give cffccf. to the express, as well as the Implied po\'.'crs granted in this charter to the end Uial ?- complGtG, harmon- lous arid cfJ.'coi'ivc1 - rnunicJpa} govcrMmcni inay be inii.iat.ecl, mslalleci; operaL eci and main- taincd in i.l';c; city, aud tliGr'cby pi-otect And s&.fcguarcl (.he rig'l'its, interests, safcfcy; m oral] ty, hcaj l:li aiid Vs'dfa.re oi' i-he city and its inliabitants. ARTICLE'XIV. SUCCESSION IN GOVERNMENT. See. _1.^ IUg1yts of unicQrs {ind em^\ojees preserj^e^__ Nothing in thiy charter contained, except as specifically provided, shall affect or impau- l!ic rig'lits or privileges of officers or employ&cs of the cily or of any office, department, or a.^"cncy ousting at. thcs tjmo v.'hen tlus charter shall take effect, or any pro\'jsion of law In force at the time when this charter shall take effect Wit.} not inconsistent \viih the provisions of this charter, in relation to the per- soi-inel, appointment, rank, grades, teiiure of office, promotion, removal, pensioii and rctu'cment rights, civil rights'or any otlicr rights or privileges of offlcerfi or employees of the cit.y or any of.t'j.ce, department or agency. Sec. 2 . Co ii ti n r a ii c e of p r e s en t offj. ccr s . All persons holding- administrativG office at t.lie time this charter takes effect shall conf.i.nue in office an.d in Uic perforiuancc of their duties until provisions shall have been made in ;!ccordi':u~ice therewilh for tho performance of such duties or the disconlinuauce of such ofi'ice. ^iL^j___^L_._^\9-JL^JJ}.^rl^^--.-P.I....ILF_^.^LD..L. -_, ^JJ'J-_CL^Ajcl.£J?JL£J-2.n.JeJl^Ji_-OJ:' ") Any oH'-Jt'n, (1cp;irt.'Ti£nfc or ayei'icy providrci for in (,iiis cl'iart'.cr to be n^ined or witii po\vcrs and cii.iiins the sainc-; o.r siib.ytanij.tlls' t!^' s^y-i-K' as those? I'lcrctoloi.'c existing, s^all be dcci'n.cd a con'iiiii;al.jori of .such office, ('lepartmcnt or ageiicy and shall i-iavc I)Q\VC):S to contuiiie. ;.u;y b'Lisi'ioy;; p;.'oce.s(ii.n?^'s or oDicr inatterR wiU-iin tlic scope o'f iho po\\'ert; in'id ciiit.i.cs prcycri.bcd by f.Ii.ls ci'-ai.'tcr. Any office, dGpai.-i.inent or a|,';c;ncy, not pi.'ovklcd for in !,]i.i,'-; chari.er, lio'ctolore (;xis('ing, shall cont.lniiG to Gxcrcifcc Do\\'crK.;.'L)-ii'.l d'.; lies ;.u> l.lic saine v,'cr'c t-icrctolorc uxcrcisecl ;incl shall have the power to conl.ii'iiic any buKin;.',s;-; proc.cc'tiin^.y 01' oLhcr niaUer.s wii.l'iin tlic scope of its rci^i:l:ir powers ;"')d c'liliey '.iirjl siich oj'fico, ci(-;;jni;(mcnt or ;iK'cncy Rhall be chanycd or aboli.shec; l)y tiu: cour-ci.l ns iic-.i-clffc'rc provided in thiK ciiai.'tcr. 2G Supp. l-CG r^.Art. XIV, § 4 Tiie Charter Art. XIV, § 9 The powers conferrcci and the (.lutics imposed Hpon any office, dcparf.mcn(: or agency of the city by the laws of this state shall', iJ' siich office, department or agency be abolisliud by this charf.cr or inidcr its authorifcy, be thereafter exercised and discharged by the office, department or agency designated by the council, un" less otherwise provided herein. See . 4 . Continu^an c G o [ aj'ipoi.ntive boards an d commi ssions_^ All appoint.ivc boards and commissions, heretofore existing, shall continue and shall exercise such powers and duties as was granted them until such boards and com- missions shall be changed or abolished by the council as heretofore provided in this charter. Se^_^ 5. Transfer of records and property. All records, property and equipment whatsoever of any office, depnrtment or agency or part thereof, all the powers and duties of which are assigned to any ot.hei- office, department or agency by this charter, or under its authority, shall be trans- ferred and delivered to the office, department or agency to which such powers and duties are so assigned. Sec. 6. Canti nuance of contracts. All contracts entered into by the city, or ±cr its benefit, prior to the taking effect of this'charter, shall continue in fult force and effect. Sec. 7 . P en di ng a c t i o n s a n d p r o c e'e d i n g s_^ The adoption of this charter shall not abate or otherwise 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 therGof. Sec. 8. Ordinances to remaiii in force. All ordinances, resolutions and regulations of the city in force at ths time this charter takes effect, and iiot. inconsistent with the provisions thereof, are hereby continued In force until the same shall be dul}' amended or repealed. S_cc, 9. Inau.guration of sovernmcnt unc3_er this charj_ej^ If a majority of t.hc qualified electors of the city, voting on the question, vote to ratify this charter, the provisions of this charter shall go into effect for all piirposes in-i.mcdiatGly upon tlie approval of the governor as provided by the con- stitution of this state. 27 Supp. 1-C6 Art. XV, § 1 G]cnc.la}c CJLy Code An. xv, § i AR'J"IC:[.;E XV. AMENDMENTS. See. 3,. Mcf.I'iod of ;i .m (.;nd;-nc:t; t. This cliarter, or nny }.);;.)-!. or ar'.iclo or section thereof, may be aiiiendud in. the mai'insr pruvidcd by l.he c(;!;,':ii:5.tutjo)i of L!us stole. Dated a( Glcndc iln, M.a'ricopa Counf'.y, Arizonu, t.iiis 7(.11 day of March., 1857, and roRpcctnil'iy Sitbj.nifcteci. W. C. Jack Chairinan Doiiald V;'!.ri C;in~;p Vlce-C^hairmRH Vernon E. So It II. K. Truoblood W. 0. Nelson Chester E. Gillett Donald E, Sell Albert L. Carney R. P. Barnard Wait B. Adams, Sr. Edward P. LcGcndre Clia);lo.s Traubel Donald E. Waif-Winter D. White BOAIID OF FRJ2EIIOLDERS W, A. G.'}<'l;riyi. Secrei'ji'y ;o \.hc Boai'd of rreclx)]de;'s 2,S Supp :t.-.CO