CHAPTER XXI. MISCELLANEOUS PROVISIONS

1 Effective date of Charter.

For the purpose of nominating candidates and electing a Mayor and four commissioners, in accordance with this Charter, this Charter shall take effect from the time of the approval of the same by the governor of the State of Arizona.

2 Conduct of first election.

The Mayor and common Council of the City of Phoenix, who shall be in office at the time of the approval of this Charter, by the governor of the State are hereby empowered, authorized and directed to provide the necessary means for securing the nomination of candidates for the several offices to be voted for under the provisions of this Charter, at the first election to be held thereunder, and to provide all necessary means and paraphernalia and polling places for the holding of such elections, as herein provided, and they shall also act as the canvassing board for the canvass of the votes cast at such election and shall declare the results thereof and secure the recording of the same, as contemplated by the provisions of this Charter, and they shall also approve the bonds of all the officers elected at such election.

3 Assumption of office by original officers.

Immediately upon the election and qualification of such officers, as herein provided, the officers and employees of "The Common Council of the City of Phoenix" shall turn over and deliver to such officers, all the property, papers, records, seal, and other paraphernalia belonging to "The Common Council of the City of Phoenix"; which said act shall be accomplished by the passage and recording in the proper book of a resolution to the effect that all of the property, rights, records, papers, property rights and paraphernalia now belonging to the Common Council of the City of Phoenix, are hereby transferred to and delivered to the officers of the City of Phoenix, pursuant to the requirements of the Charter adopted by the electors of the City, giving the date of such adoption.

4 Mayor and Councilmen to remain until successors qualify; termination of the terms of other officers and employees; compensation of other officers and employees.

The Mayor and Members of "The Common Council of the City of Phoenix," in office at the time of the approval of this Charter by the governor, shall continue to hold office and discharge their duties until the election and qualification of the Mayor and Councilmen first elected under this Charter.

The terms of all other officers in office at the time this Charter takes effect and that of all employees of the City at the time this Charter shall take effect, shall cease and terminate when the Council first elected shall by resolution so declare.

The compensation of all such officers and employees remaining in office, after the election and qualification of said Council, and until the adoption of such resolution, shall be paid out of the City Treasury in the manner provided by the Council.

5 Ordinances, etc., to remain in force.

All ordinances, resolutions, and regulations of "The Common Council of the City of Phoenix," 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.

6 Duties of City Attorney; authority of Council to employ additional attorneys.

The City Attorney shall attend all meetings of the Council; shall prosecute in behalf of the people, all criminal cases arising from violations of the provisions of this Charter, and the ordinances of this City; shall attend to all suits and proceedings in which the City may be legally interested; provided that the Council shall have control of all litigation of the City, and may employ other attorneys to take charge of any litigation or to assist the City Attorney therein, and may provide for the payment for such additional legal services and all proper services or work done on behalf of the City in connection with its legal matters.

7 Prosecution of violations of Charter and ordinances; imprisonment of violators.

The violation of any provision of this Charter or of 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 in the City jail, or, if the Council, by ordinance, shall so prescribe, in the county jail of the county in which the City of Phoenix is situated; in which case the expense of such imprisonment shall be a charge in favor of said county against the City of Phoenix.

8 Enlargement of City.

The City of Phoenix, by and through its Council, may by ordinance enlarge and add to and incorporate within the present City of Phoenix, such adjacent land and incorporate into the City of Phoenix such additional area and territory as the said Council shall deem proper and wise. The procedure for making such enlargement, extension and addition, shall be such as is now, or may hereafter be prescribed by statute, or by ordinance passed and adopted by the said Council.

State law referenceAnnexation, A.R.S. § 9-471 et seq.

9 Plenary and implied powers of the Council.

The Council shall have plenary power to enact and make all proper and necessary ordinances, resolutions and orders to carry out and give effect to the express, as well as the implied powers granted in this Charter to the end that a complete, harmonious and effective municipal government may be initiated, installed, operated and maintained in the City of Phoenix, and thereby protect and safeguard the rights, interests, safety, morality, health and welfare of the City and its inhabitants.

10 Pending prosecutions to be carried to judgement.

All prosecutions to enforce penalties for the violation of any of the ordinances of the "The Common Council of the City of Phoenix" heretofore begun shall be continued and concluded to judgment and execution before the City Recorder, or the City magistrate, in like manner and to the same effect as if this Charter had not been adopted.