CHAPTER II. GENERAL POWERS, RIGHTS AND LIABILITIES

1 Rights and liabilities to continue; powers as a municipal corporation.

The said corporation, the City of Phoenix:

(a)    Shall own, possess, control, exercise and enjoy all of the books, records, documents, and all of the property, real, personal and mixed, and all of the rights, privileges and franchises, powers and immunities now belonging to, possessed or exercised by the municipal corporation known as "The Common Council of the City of Phoenix."

(b)    It shall be subject to and liable for all the legal debts, liabilities, judgements, bonds, and all other legal obligations for which the said corporation, "The Common Council of the City of Phoenix," is now or may hereafter become legally bound.

(c)    It may sue and be sued, plead and be impleaded, in all courts of law or equity, in all actions and proceedings whatsoever; adopt a seal and may alter the same; contract and be contracted with; lease, trade, exchange or acquire and hold real, personal or mixed property for the purpose for which it was incorporated, and do all acts which might be done by a private person, and all such acts and things necessary or proper for a municipal corporation to do to carry out the purpose for which it is incorporated.

(Election of 11-9-1971)

2 Rights and powers generally.

Without denial or disparagement of other powers held under the constitution and laws of the State of Arizona, and by virtue of its being continued in the rights, powers and property of "The Common Council of the City of Phoenix," the City of Phoenix shall have the further rights and powers, to wit:

(a)    To acquire by purchase, condemnation or otherwise, and to establish, maintain, equip, own and operate libraries, reading rooms, art galleries, museums, parks, playgrounds and places of recreation, fountains, public baths, public toilets, public markets, market houses, abattoirs, dispensaries, infirmaries, hospitals, charitable institutions, jails, houses of correction, work houses, detention homes, morgues, cemeteries, garbage collection and garbage disposal and reduction works, sewers, street cleaning and sprinkling plants, quarries, waterways, canals and all other public buildings, places, works and institutions.

(b)    To acquire by purchase, condemnation or otherwise, and to establish, equip, own and operate, waterworks, gas works, sewage systems, electric light plants, refrigeration, heat and power plants within and without the City of Phoenix, and to supply the City and its inhabitants and also persons, firms and corporations, outside of said City, with water, gas and electricity.

(c)    To acquire by purchase, condemnation or otherwise, and to establish, maintain, equip, own and operate, telephone and telegraph systems, cable, electric or other railways and transportation service of any kind.

(d)    To sell gas, water, electric currents and all products of any public utility operated by the City.

(e)    To acquire by purchase, condemnation or otherwise, within or without the City, such land and other property as may be necessary for the establishment, maintenance and operation of any public utility or to provide for and effectuate any other public purpose; and to sell, convey and dispose of the same for the common benefit.

(f)    To receive bequests, donations and gifts of all kinds of property, in fee simple, or in trust for charitable and other purposes, and to do all acts necessary to carry out the purposes of such bequests, gifts and donations, with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the bequest, gift or donation of trust, or absolutely in case such bequest, gift or trust be unconditional.

(g)    To borrow money for any of the purposes for which the City is authorized to provide for the carrying out any of the powers which the City is authorized to enjoy and exercise, and to issue bonds therefor, provided, that in the procedure for the creation and issuance of such bonded indebtedness the general laws of the State of Arizona in force at the time such proceedings are taken shall be observed and followed.

(h)    To raise money by a special tax, in addition to the annual tax levy provided for in this Charter, to authorize such special tax the provisions of this Charter relative to the initiative and referendum shall be followed, and the levy of such tax must be approved by at least two-thirds of the property taxpayers, who shall be qualified electors of the State and the City.

(i)    To join with the United States, State of Arizona, any political subdivision, board, commission, agency or combination of them in order to acquire and develop, jointly or severally, water, electricity, gas, nuclear energy, sewer, transportation and other systems for municipal and domestic purposes, and construct the works necessary for their joint and several purposes and needs, and to unite with such entities in bond issues therefor. To exercise any of its powers or perform any of its functions and may participate in the financing thereof jointly, or in cooperation by contract or otherwise, with any one or more states, political subdivisions thereof, school districts, Indian tribal Councils, or any board, commission or agency of any of them, or with the United States or any department or agency thereof.

(j)    To engage in industrial pursuits and to do whatever may be necessary or proper therein.

(k)    To establish, maintain and operate municipal slaughter houses within or without the City limits, and to acquire the necessary lands and rights therefor by condemnation or otherwise.

(l)    To install, maintain and operate all necessary works, plants, institutions, departments, offices and systems, proper or convenient, or which may be conducive to the welfare, safety, good health, convenience or improvement of the City of Phoenix and the inhabitants thereof.

(m)    To have and exercise all powers conferred upon municipal corporations by the act of the first special session of the legislature of Arizona (Chapter LXVII) entitled, "an Act to authorize municipal corporations of the State of Arizona to sell and dispose of their real and personal property and prescribe the method thereof," approved June 21, 1912.

(Election of 11-9-1971)

State law referenceGeneral municipal powers, A.R.S. §§ 9-499.01, 9-240, 9-276.

3 Powers to be cumulative and selective.

Whenever any power is conferred by this Charter, and whatever methods of procedure are provided for the exercise thereof, or if the power be conferred in different terms of two or more provisions thereof, such different expressions of either method or power shall not the one affect or modify the other but they shall also be deemed effective and be accumulative and selective.

4 Legislative power of voters.

The qualified voters of said City shall have the power through the initiative and otherwise, as provided by this Charter, the constitution and laws of the State, to enact appropriate legislation to carry out and enforce any of the above general powers of the City or any of the specified powers of the Council of said City.

State law referenceInitiative, referendum and recall, A.R.S. § 19-101 et seq.