CHAPTER IV. THE COUNCIL

1 Legislative powers.

The legislative powers of the City of Phoenix shall be vested in and exercised by the Council except as herein limited or reserved to the electors of the City. The legislative powers of the City shall extend to all rightful subjects of legislation not forbidden by the constitution or the United States, the constitution or laws of the State of Arizona, or the provisions of this Charter.

2 Powers enumerated.

As the legislative organ of the City of Phoenix, the Council, subject to the provisions and restrictions of this Charter, shall have the power by proper ordinances or resolutions, to carry out each and every power, right and privilege herein and hereby vested in the City of Phoenix, and by such legislation to enforce said rights, powers and obligations, and to secure the performance of all obligations and indebtedness to others. And in addition to the powers hereinabove enumerated and referred to, the City, and the Council acting for and in its behalf, shall have the further powers hereinafter enumerated and set forth, to-wit:

(1)    Corporate seal. To provide a corporate seal, with appropriate device, to be affixed to all instruments needing authentication, and to alter and change the same as it may deem proper and wise.

(2)    Fines, forfeitures and penalties. To prescribe fines, forfeitures and penalties for the violation of any provision of this Charter or of any ordinance, but no penalty shall exceed the limit which may be prescribed by the laws of the State of Arizona relative to incorporated cities and their powers.

(3)    Abatement of nuisances. To provide for the summary abatement of any nuisances at the expense of the person or persons creating, causing, committing or maintaining such nuisances.

(4)    Rewards. To offer rewards, not exceeding Ten Thousand ($10,000) dollars in any one instance for the apprehension and conviction of any person who may have committed a felony in the City, and to authorize the payment thereof.

(5)    Police and fire departments.

(a)    To organize and maintain police and fire departments, fire alarm and police telegraph and telephone systems, provide for the management and control of the same, for the appointment of superintendents thereof, also to erect and maintain suitable buildings, equipments and implements for said police and fire departments.

(b)    Police and fire services, including emergency medical and emergency transportation, that are provided by City police officers and firefighters shall not be provided through the use of private contractors, unless approved by an affirmative vote of the qualified electors of the City, except as follows:

1.    Administrative and support services.

2.    Services associated with technological enhancements to these departments.

3.    Retired City employees rehired on a temporary contract basis.

4.    Services provided during a state of emergency declared by the Mayor pursuant to Chapter V, Section 4 of the Charter of the City of Phoenix.

(6)    Regulation of explosives. To regulate or prohibit the manufacture, keeping, storing and using of powder, dynamite, gun cotton, nitroglycerine, fireworks and other explosive materials and substances.

(7)    Storage of inflammables. To regulate the storage of hay, straw, oil and other inflammable and combustible materials.

(8)    Regulation of engines, boilers, gas and electric fixtures, etc. To regulate the use of steam engines, gas engines, steam boilers and electric motors, and to prohibit their use in such localities as in the judgment of the Council would endanger public safety or health; also to regulate the installation of gas and electric fixtures and appliances and to provide for proper inspection of same.

(9)    Fire limits; regulation of buildings within fire limits. To prescribe fire limits and determine the character and height of buildings that may be erected therein and the nature of the materials to be used in the construction, alteration or repair of such buildings or in the repair or alteration of existing buildings within such fire limits.

(10)    Regulation of buildings, sewers, wiring, etc. To regulate the construction of and the materials used in all buildings, chimneys, stacks and other structures; and the construction and use of party walls; to prevent the erection and maintenance of unsafe or insecure buildings, walls, chimneys, stacks or other structures, and to provide for their summary abatement or destruction; to regulate the materials used in and the method of construction and location of drains and sewers, the materials used in wiring buildings or other structures for the use of electricity for lighting, power, heat or other purposes, and materials used in piping buildings or other structures for the purpose of supplying the same with water or gas and the manner of so doing; to prohibit the construction of buildings and structures which do not conform to such regulations.

(11)    Fire escapes and fire extinguishers. To require the owners and lessees of buildings or other structures to place upon or in them adequate fire escapes and appliances for protection against fire and for the extinguishment of fires.

(12)    Fire prevention generally. To prevent the construction and to cause the removal of dangerous chimneys, fireplaces, hearths, stoves, stovepipes, ovens, boilers, apparatus and machinery used in any building in the City; to regulate the carrying on of manufactories liable to cause fire; to prevent the depositing of ashes, the accumulation of shavings, rubbish or any other combustible material in unsafe places, and to make all necessary provisions to guard against fires.

(13)    Doors, hallways and exits. To regulate the size and construction of the entrances to and exits from all theaters, lecture rooms, halls, schools, churches, hotels, office buildings, and buildings used for factory purposes, and other places of a public gathering of every kind and to prevent the placing of seats, chairs, benches or other obstructions in the hallways, aisles or open places therein.

(14)    Regulation of railroads, streetcars, automobiles, bicycles, etc. To regulate the speed of railroad trains, engines and cars passing through the City and the speed of cars of street or interurban railways using the public streets of the City; to require railway companies to station flagmen, place gates or viaducts at all such street crossings as the Council may deem proper; to require street cars and local trains to be provided with fenders or other appliances for the better protection of the public; to prohibit the making up of railroad trains on any of the streets, alleys, public places, street crossings or street intersections of the City, and prohibit the blocking of any crossing or intersection of any public thoroughfare with engines or cars for a period longer than five (5) minutes at one time; to regulate the speed with which persons may ride or drive or propel bicycles, automobiles or other vehicles along or upon the streets or highways of the City.

(15)    Regulation of advertising, traffic, streets and public places generally. To regulate or prohibit the exhibition or carrying of banners, placards or advertisements, and the distribution of handbills in the streets, public grounds, or upon the sidewalk; to regulate or prevent the flying of banners, flags or signs across the streets or from buildings; to regulate or prohibit traffic and sales in the streets, alleys or public places; to prevent encroachments upon or obstructions to the streets and to require their removal.

(16)    Removal of dirt, rubbish and weeds. To compel the owner or occupant of buildings or grounds to remove dirt, rubbish or weeds therefrom and from the sidewalks adjacent thereto; and in his default to authorize the removal or destruction thereof by some officer of the City at the expense of such owner or occupant and to make such expense a tax lien upon such buildings or grounds to be collected at the same time and in the same manner as other City taxes are collected, and to provide for the imposition of a penalty as in cases of misdemeanor for the failure of such owner or occupant to effect such removal.

(17)    Billboards and signs. To regulate, license or prohibit the construction and use of billboards and signs.

(18)    Health regulations; regulation of hotels and apartments; regulation of garbage and trash collection and disposal; regulation of animals. To make all regulations which may be necessary for the preservation of health and suppression of disease, including but not limited to regulation and inspection of food products, hotels, apartments, lodging houses; providing for the collection and disposal of garbage and trash; and regulating the keeping and running at large of animals.

(19)    [Reserved.]

(20)    Cruelty to animals, sanitation of animals’ living quarters. To prohibit and punish cruelty to animals, and to require the places where they are kept to be maintained in a clean and healthful condition.

(21)    [Reserved.]

(22)    Regulation of certain businesses and industries; suppression of noise. To regulate, or prohibit the operation of manufactories, occupations or trades which may be of such a nature as to affect the public health or good order of the City or disturb the public peace, or which may be offensive or dangerous to the inhabitants residing in the vicinity; to provide for the punishment of all persons violating such regulations or who knowingly permit the same to be violated in any building or on premises owned or controlled by them; to make regulations for the suppression of disagreeable, offensive and injurious noises.

(23)    [Reserved.]

(24)    Inspection of dairies. To provide for and regulate the inspection of all dairies that offer for sale or sell any of their products, directly or indirectly, in the City.

(25)    [Reserved.]

(26)    Sewers, sinks, gutters, etc. To regulate the construction, repair, and use of sewers, sinks, gutters, cess pools and vaults, and to compel the connecting, cleaning or emptying of the same, and to designate the time and manner in which the work shall be done; and in case the owner of any property concerned shall fail to connect, clean, empty or repair such sewers, sinks, gutters, cess pools or vaults, to cause such connection, cleaning, emptying or repairing to be done by some officer of the City at the expense of such owner of the premises to be benefitted thereby, and to make such expense a tax lien upon the said premises, to be collected at the same time and in the same manner as other City taxes are collected.

(27)    [Reserved.]

(28)    Authority to license businesses, etc.; fixing of rates and penalties of licenses. To license, for the purpose of regulation and revenue, all and every kind of business, profession, calling, trade, or occupation not prohibited by law to be transacted or carried on in the City; to fix the rates of licenses upon the same and provide for the collection thereof by suit or otherwise; to provide penalties for transacting such businesses, professions, callings, trades, or occupations without license when the same is fixed and prescribed.

(29)    Hack stands; regulation of charges of public vehicles for hire. To establish stands for hacks, public carriages, express wagons, and other public vehicles for hire, and regulate the charges of such hacks, public carriages, express wagons and other public vehicles, and to require schedules of such charges to be posted in or upon such public vehicles.

(30)    Weights and measures. To provide for the inspection and sealing of all weights and measures in the City, and to enforce the keeping and use by dealers of proper weights and measures duly tested and sealed.

(31)    Public shows, dance halls, gambling, etc. To license, regulate, restrain or prohibit all theaters, exhibitions, public shows, dance halls, games and places of amusement; to prevent all descriptions of gambling and the using of any and all kinds of gambling devices or fraudulent devices, and to provide for the destruction of all such devices.

(32)    Intoxicating liquors. To license, regulate and control the manufacture, sale or disposition of intoxicating liquors; to limit the number of places, and determine the locations where intoxicating liquors may be sold or disposed of, and to prescribe and fix the amount of license tax to be paid by those who engage in the sale or disposition of such liquors within the corporate limits of the City.

    The Council shall classify dealers in intoxicating liquors in the City into wholesalers, retailers, and saloonkeepers, and prescribe the conditions upon which the business of selling or disposing of intoxicating liquors in the City may be engaged in or carried on under said classifications respectively; provided, that in no event, after the population of the City shall have reached twenty thousand (20,000), shall licenses be issued for engaging in or carrying on the business of saloon keeper in the City to exceed in number the ratio of one license for each one thousand (1,000) inhabitants, to be determined by the Council, provided, however, that the limitation herein last contained shall not apply to legitimate hotels in the City having at least one hundred (100) bed rooms.

    Under the initiative, as provided in Chapter XV of this Charter, the proposition as to whether or not the manufacture or sale of intoxicating liquors shall be prohibited in the City may be submitted to and determined by the qualified electors of the City at an election duly called and held for that purpose, and if a majority of the votes cast at such election be in favor of prohibition, then within three (3) months thereafter the manufacture or sale of intoxicating liquors, as the case may be, shall be prohibited in the City except for medicinal and sacramental purposes; and when prohibition shall so obtain in the City the proposition as to whether or not the manufacture or sale of intoxicating liquors shall be permitted in the City may, in like manner, be submitted and determined, and if a majority of the votes cast at said election be in favor of permission, then within one (1) month thereafter the manufacture and sale of such liquors, as the case may be, shall be permitted in the City; provided, however, that elections for either purpose shall not be held in the City oftener than once in two (2) years, nor within two (2) years of each other.

(33)    Payment of City taxes in installments. The Council shall have the right to provide by ordinance for the payment of City taxes in two (2) installments, at different times of the year, as may be specified in such ordinance.

(34)    Vagrants, prostitutes, etc.; offensive, indecent, etc., conduct. To regulate, restrain and punish vagrants, mendicants, lewd persons and prostitutes; to prevent and punish drunkenness, prize fights, and all offensive, immoral, indecent and disorderly conduct and practices in the City.

(35)    Taxation. To levy and collect taxes upon all the real and personal property in the City, subject to the limitations elsewhere in this Charter provided.

(36)    Repayment of excess taxes, costs, etc. To order the repaying by the Treasurer of any taxes, percentages or costs erroneously or illegally collected.

(37)    Fees and charges for official services. To fix the fees and charges for all official services not otherwise provided for in this Charter.

(38)    Urgent necessity fund. To provide an urgent necessity fund not exceeding five hundred (500) dollars a year, to be expended under the direction of the Mayor.

(39)    Leasing of land and buildings of City. To provide for the lease of land, buildings or part thereof owned by the City by public auction, sealed bids or negotiation. All such leases shall be approved by ordinance of the City Council.

(40)    Purchase and disposal of property levied upon under execution in City’s favor. To provide for the purchase of property levied upon under execution in favor of the City at an amount bid not exceeding the judgment and costs, to provide for the reconveyance, if any, of such property so purchased, and to make such other rules and regulations in connection with such purchase and property as may be proper or expedient.

(41)    Disposal of surplus City-owned personal property. To provide for the sale of personal property unfit or unnecessary for the use of the City by public auction, sealed bids, or negotiation. All such sales of personal property shall be approved by ordinance of the City Council.

(42)    Sale of City-owned realty. To provide for the sale of such portions of the real property belonging to the City not needed or likely to be needed within a reasonable future time by public auction, sealed bids, or negotiation. All such sales of real property shall be approved by ordinance of the City Council.

(43)    Execution of trusts. To provide for the execution of all trusts confided to the City.

(44)    Establishing and changing grades of streets, alleys, etc. To establish or change the grade of any street, avenue, lane, alley or public place. The grade of any such street, avenue, alley, or such public place, having once been officially established shall not be thereafter changed except upon the payment of all damages occasioned thereby. The Council shall by ordinance provide for the setting of grade stakes when and wherever established, upon the application of any person interested therein who may apply therefor, upon the payment of the cost thereof.

(45)    Municipal improvements generally. To order the whole or any part of any street, avenue, lane, alley, court or place within the City to be graded, regraded to the official grade, paved or repaved, capped or recapped, surfaced or resurfaced; sewered or resewered, and to order sidewalks, manholes, culverts, cesspools, gutters, tunnels, curbings and cross walks to be constructed therein; to provide for the care of shade trees planted therein and to cause shade trees to be planted, set out and cultivated therein; also to order drainage or sanitary sewers or storm sewers to be constructed on or through private property; to provide for the lighting of streets, alleys, public squares and places in said City, and to assess the cost of the installation of lamps, standards or other devices for such lighting, or such part of such cost as it may deem proper, against the real estate of the owners benefitted thereby, and from time to time as it may deem desirable and proper to replace the same or substitute others therefor; to provide for the grading or regrading, paving or repaving, surfacing or resurfacing, capping or recapping, or the improvement of such parts of any street, avenue, lane, alley, court or place in the City occupied by the tracks of any street or other railroad, and for two (2) feet on either side thereof; and if there be two (2) or more tracks then also the spaces between all said tracks, and to assess the cost thereof against the person, association, firm or corporation owning, operating or maintaining such railroad, and make such cost a lien on such railroad or railroads, and to provide for the enforcement thereof.

    Whenever in the judgment of the Council, or of the people, the cost and expense of any of the foregoing improvements is to be paid by special assessment on private property, the laws of the State of Arizona in force at the time of the improvement shall govern and control, and all proceedings shall be in conformity therewith; provided, however, that the Council may by ordinance at any time prescribe a different and other procedure therefor.

(46)    Improvements to streets, alleys, etc.; condemnation of property. To order the opening, extending, widening, straightening or closing of any street, avenue, lane, alley, court or public place within the City, and to condemn any and all property necessary or convenient for that purpose and to assess the cost or such part of the cost thereof as may be proper to the lots or parts of lots of land benefitted thereby, and provide for the collection of the same. The proceedings for condemnation shall be prescribed by, and conducted pursuant to the directions and authority of the Council, the proceedings for the doing of anything authorized by this subdivision shall be that prescribed by the Council, not inconsistent with the constitution and general laws of the State of Arizona.

(47)    Lights and water. To provide for the lighting of the streets, highways, public places and public buildings, and for supplying the City with water for municipal purposes.

(48)    Boulevards. To set apart as a boulevard or boulevards any street or avenue, streets or avenues, over which there is no existing franchise for any railroad, and to regulate or prevent any heavy traffic or teaming thereon; and when any such street or avenue shall have been set aside as a boulevard no franchise for a railroad, interurban railway or street railway shall be granted upon such boulevard, and no railroad track shall ever be laid along the same unless an ordinance to that effect shall have been duly passed by popular vote as provided in Chapters XV and XVI.

(49)    Streets, avenues, parks, public places, etc. To locate, open and lay out streets, avenues and alleys in the City of Phoenix, also public squares, parks and playgrounds; accept dedications of streets, avenues, alleys, public places, squares, parks and playgrounds, and vacate such dedication; to vacate and abandon and close up any street, avenue, alley, public square or place, park or playground, as in the judgment of the Council should be vacated and closed, and permit the closing of the same against public use; to make proper conveyance of such streets, avenues, alleys, grounds, parks and places to the persons entitled thereto, or make such disposition of the same as may be proper.

(50)    Fixing of public utility rates. When authorized by law to fix and determine by ordinance the rates or compensation to be collected by any person, firm or corporation in the City for the use of water, heat, light, power or telephone service supplied by the City, or to the inhabitants thereof, and to prescribe the quality of the service.

(51)    Regulation of street railroads. To regulate street railroads, their tracks and cars; to compel the owners of two (2) or more such street railroads using or desiring to use the same street to use the same tracks and structures appurtenant thereto, laid or installed, or that may be laid or installed, by either on said street, and to equitably divide the cost of construction and the cost of maintenance thereof between them.

(52)    Responsibility of street railroads to repair streets. To require every person, association or corporation owning or maintaining a street or other railroad on or along any of the streets, avenues or alleys of the City, to keep in proper repair that space of the same between the rails of the track, and a space two (2) feet in width along and outside of the rails of the track; and where two (2) or more tracks are used or maintained on or along any street, avenue, or alley, to keep in proper repair that entire space of said street, avenue or alley lying and being between the outside rails of the tracks, as well as a space two (2) feet in width along and outside of the outside rails of the outside tracks.

(53)    Spurs and side tracks. To permit the laying down of spurs or side tracks and running cars thereon for the purpose of connecting warehouses, manufactories or other business industries or enterprise with any line of railroads that may be along, or which hereafter enter into, or which now enter the City, subject to the regulations and conditions prescribed from time to time by the Council; such tracks to be used for the transportation of freight only, and not to be used as a main line or a part thereof, and also for the purpose of excavating and filling in a street or avenue, or portion of a street or avenue, or the adjoining land, for such limited time as may be necessary for such purpose, and no longer. Such tracks must be laid in accordance with the regulations prescribed by the Council, and all permits granted under the provisions hereof shall be revocable at the pleasure of the Council.

(54)    Authority to place telephones, etc., wire underground. To cause the removal or placing under ground of all telephone, telegraph, electric light or other wires within the City, or within any designated portion thereof, and to regulate or prohibit the placing of poles or other supports and suspending wires along or across the streets, highways, and public places of the City, or any of them.

(55)    Regulation of water, gas, etc., pipes. To regulate the size and location of all water pipes, gas pipes and all other pipes and conduits laid or constructed in the streets, avenues, alleys and public places, and to require the filing of charts and maps of such pipes and conduits.

(56)    Elections; registration of electors. To make all rules and regulations governing elections not inconsistent with this Charter, and to provide from time to time the necessary polling places, ballots, and paraphernalia necessary or convenient for the conducting of such elections, and for the announcing, declaring and recording the results thereof, to provide for the registration of the duly qualified electors of the City from time to time as required by the laws of the State of Arizona, and in the absence of such laws to require by ordinance such registration as the Council may deem proper and expedient, and prescribe suitable rules and regulations and appoint proper officers to carry such regulations into effect.

(57)    Civic art board. To establish a Civic Art Board and to appoint members thereon, to serve without compensation, with such powers and duties as may be fixed by the Council.

(58)    Establishment of boards generally. To establish a Park Board, Playground Board, Board of Public Charities, and such other Boards as they deem advisable, and to appoint members thereon to serve without compensation, with such powers and duties as may be fixed by the Council; also to establish a Civil Service Board and prescribe its duties.

(59)    Acquiring public utilities. To provide a suitable procedure of taking over or otherwise acquiring municipal ownership of public utilities, and to provide the means and manner for paying for the same.

(60)    Entertainment funds. To authorize the expenditure out of the funds of the City, not otherwise appropriated sums not to exceed in the aggregate in any one fiscal year, one thousand (1000) dollars, for the purpose of contributing to the entertainment of visitors, in the celebration of holidays or events, in defraying the expense of the entertainment of conventions, conferences, or other representative or delegate assemblies of non-residents of the City held in the City, and for such like purposes as the Council may deem proper and advisable.

(61)    Free employment agency. To establish and maintain a free employment agency.

(62)    Abandonment of canals, ditches, etc. To provide for the vacation, abandonment and non-user of any irrigating canal, lateral or ditch, or any artificial water channel within said City, by condemnation, purchase, or by contract with the owners of any such irrigating canal, lateral or ditch, or artificial water channel, and to assess the cost incident to such vacation, abandonment and non-user, or such part thereof as may be equitable, to the owners of property which may be benefitted thereby, and make such assessment a lien on the property of such owners, and to provide for the enforcement of such lien.

(63)    Licenses and permits. The Council shall have full power to prescribe by ordinance or resolution the form of all licenses and permits authorized to be issued, the conditions upon which they may be issued, the method of issuing the same, and by what officers they shall be issued, signed and countersigned, and may provide by ordinance the method of cancellation or revocation of any such license or permit.

(64)    Powers generally. To enact appropriate legislation and do and perform any and all other acts and things which may be necessary and proper to carry out the general powers of the City or any of the provisions of this Charter; to exercise any and all powers not in conflict with the constitution of the State, with this Charter, or with the ordinances adopted by the people of the City; to do and perform all acts required by the laws of the State; to exercise and carry into effect whenever deemed necessary or proper, any and all additional powers vested in the City or the Council by the laws of the State.

(65)    Excise taxes. The City Council may by ordinance, without an election, assess, levy and collect excise taxes for the purpose of revenue and provide penalties for the non-payment thereof. Such taxes may be computed upon gross income or proceeds; provided, however, that the Council shall not have power to assess, levy or collect an income tax. Income tax shall be defined as a tax levied directly upon income as such and having no other element or feature such as licensing or regulation.

(66)    Floodways and flood plains. To designate and establish as floodways or flood plains areas of land within the boundaries of the City reasonably required or necessary to improve, extend, maintain or facilitate the control or discharge of waters or rivers and streams and intermittent flowing creeks, washes, arroyos, drains and channels together with surface and flood waters, in order to prevent the loss of life or injury and damage to property and prevent and prohibit encroachments and obstructions within the floodway or flood plain areas so designated and established by the City.

(67)    Plan for future physical development. To adopt a comprehensive plan for the future physical development of the City to serve as a guide to all future Council action concerning land use regulations and expenditures for capital improvements. The Council may by ordinance implement said comprehensive plan by adopting land use and development regulations, including but not limited to official maps, and grading, zoning, subdivision and architectural regulations.

(68)    Revocable permits. The City Manager, with the approval of the Council, shall have the right and power to issue revocable temporary permits to any person, association or corporation, for the purpose of temporarily making use of the streets, highways, public rights of way, parks, public property, and other public places in the City; such license or permit to be subject to revocation at any time in the discretion of the Council or by the Manager with ratification by the Council, and shall be subject to such terms and conditions as the Council may impose, either by the permit or by ordinance limiting this authority. Such permits or licenses shall not be deemed to be franchises as the term is used in this Charter.

(69)    Construction of charter. In this Charter no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers which the City would have if the particular power were not mentioned. The charter shall be liberally construed to the end that the City shall have all powers necessary or convenient for the conduct of its municipal affairs, and for the health, safety, and general welfare of its inhabitants, including all powers that cities may assume pursuant to state law and the state constitution.

(70)    Powers to include those granted under provisions of Title 9, Arizona Revised Statutes. The City of Phoenix shall have all the rights and powers granted or to be granted to charter cities, and to cities and towns incorporated under the provisions of Title 9, Arizona Revised Statutes.

(71)    Regulation of religious and charitable solicitations. To regulate the solicitations of contributions for any religious or charitable purpose, to establish a Solicitation Board with such powers and duties as may be fixed by the Council, and to prohibit solicitations which do not conform to such regulations.

(72)    Disposal of unclaimed personal property. To provide for the sale by public auction, destruction or other disposition of unclaimed personal property in the possession of the City.

(73)    Solid waste. The Council may by ordinance or resolution provide for the supervision, regulation, collection, transportation and disposition of solid waste. In addition, the Council may, in the same manner, acquire, construct, operate, maintain and improve solid waste management facilities, including the authority to enter into contracts therefor, levy and collect fees and charges, require licenses, accept grants, purchase and sell recovered resources and to impose criminal penalties for the unlawful disposal of solid waste. Furthermore, the Council may by mutual agreement with other counties, cities or towns provide for the disposal of solid waste provided, the agreement is not in violation of the State Constitution, State law, nor shall it be contrary to the prohibitions of Federal or State antitrust laws.

(74)    Blighting and deteriorating exterior appearance. To adopt regulations for the external maintenance of structures and land.

(75)    Property of historical, cultural, architectural or archaeological significance. To acquire property of historical, cultural, architectural or archaeological significance including the acquisition of interests in property, to preserve, protect or enhance the historical, cultural, architectural or archaeological aspect of any of the property; and to expend funds to improve, reconstruct, equip and maintain property of historical, cultural, architectural or archaeological significance.

All provisions of this Charter in conflict or inconsistent with this Charter amendment are hereby repealed.

(Election of 7-9-1954; election of 11-9-1971; election of 11-13-1973; election of 11-1-1977; election of 11-3-1981; election of 10-6-1987; election of 10-3-1989; election of 10-1-1991; election of 9-7-1999)

State law referencePowers generally, A.R.S. §§ 9-499.01, 9-240, 9-276; penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28).

3 Mayor to preside; election of vice-chairman.

The Mayor when present shall preside at all meetings of the Council. The Council shall elect one of its number vice-chairman.

4 Time and place of regular meetings; manner of calling special meetings.

The Council shall provide for the time and place of holding its regular meetings and the manner in which special meetings may be called.

Editor’s noteSee § 20 of this chapter.

5 Meetings to be public.

All meetings of the Council whether regular or special, shall be open to the public.

State law referenceOpen meetings, A.R.S. § 38-431 et seq.

6 Quorum.

A majority of the members of the Council shall constitute a quorum for the transaction of business.

7 Rules for proceedings.

The Council shall establish rules for its proceedings.

8 Council to act by resolution, ordinance, franchise or formal recorded action.

The Council shall act only by resolution, ordinance, franchise, or formal recorded action.

(Election of 11-9-1971)

9 Ayes and nays to be recorded.

For other than unanimous votes the ayes and nays shall be taken upon the vote of all ordinances, resolutions, franchises and formal recorded actions and entered upon the journal of the proceedings of the Council.

(Election of 11-9-1971)

10 When majority vote required.

The affirmative vote of a majority of the Members of the Council shall be necessary to pass any ordinance, franchise, resolution, or formal recorded action.

(Election of 11-9-1971)

11 Enacting style.

The enacting clause of all ordinances passed by the Council shall be in these words: "Be it ordained by the Council of the City of Phoenix as follows:"

12 When actions to be taken by ordinance.

Actions providing for any specific improvement, for the appropriation or expenditure of any public money, except sums less than five thousand (5,000) dollars, which amount may be adjusted by the Council every four years beginning in 1990 to account for changes in the cost of living*, for the appropriation, acquisition, sale or lease of public property, for the levying of any tax or assessment, for establishing or changing fire limits, or for the imposing of any penalty, shall be taken by ordinance; provided, that such exception be observed as may be called for in cases where the Council takes action in pursuance of a general law of the State.

(Election of 11-5-1985)

*NoteSee Phoenix City Code Section 2-4(b) for current amount allowable.

13 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 (24) hours thereafter.

14 Adoption and transcription of ordinances, resolutions and franchises; effective date; emergency measures; publication.

All ordinances, resolutions, or franchises shall be signed by the Mayor, or in his absence the Vice-Mayor, and attested by the City Clerk, or in his absence, his designee, and transcribed in the proper books therefor, but no ordinance, resolution or franchise other than an emergency measure shall take effect and become operative until thirty (30) days after its passage by the Council. Measures necessary for the immediate preservation of the peace, health or safety of the City shall become effective immediately upon adoption, but no such emergency measure shall become immediately operative unless it shall state in a separate section the reason why it is necessary that it should become immediately operative, and be approved by the affirmative vote of two thirds of the Members of the Council taken by ayes and nays. All ordinances, resolutions and franchises shall be published at least once in the official newspaper of the City within thirty days of their adoption.

(Election of 11-9-1971)

15 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 chapter for the adoption of ordinances.

16 How ordinances to be repealed or suspended.

No ordinance or section thereof shall be repealed or suspended except by ordinance adopted in the manner provided in this chapter.

17 Ordinances and resolutions to be filed, recorded and certified; ordinances and resolutions as evidence.

All ordinances and resolutions shall be filed and safely kept by the City Clerk and duly recorded and certified by him in books for that purpose marked "City Ordinances" and "City Resolutions" respectively; and a record copy thereof certified by the City Clerk, or the originals thereof shall 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 admissible in evidence in any Court in the State of Arizona, or in any proceeding where the contents of such ordinances or resolutions, or any of them, is in question; provided, however, that nothing herein contained shall be construed to prevent the proof of the passage and publication of an ordinance or resolution in the manner otherwise prescribed by law.

18 Publication of ordinances and resolutions in book form.

The Council shall, within one (1) year after its organization under this Charter and from time to time thereafter, cause all ordinances and resolutions then in force to be classified under appropriate heads, and, together with, or separately from, the Charter of the City and such provisions of the constitution and laws of the State, as the Council may deem expedient, published in book form.

19 Minimum times Council to meet; determination of meeting day; calling of first meeting.

The Council shall meet for the transaction of business at least once every month; the day of meeting shall be fixed and determined at the first meeting of the Council; said first meeting shall be called by the Mayor-elect as soon as he and the other Councilmen shall have been duly elected and qualified.

20 How special meetings called.

Special meetings may be called by the Mayor, or by three (3) Members of the Council.

Editor’s noteSee § 4 of this chapter.

21 Minute books open to public.

Any citizen of this City may have access to the minutes upon application to the City Clerk.

22 How petitions to be presented and acted upon.

Any citizen of this City may appear before 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 fifteen (15) days.

23 When Member excused from voting; failure to vote.

No Member shall be excused from voting except upon matters involving the consideration of his own official conduct. In all other cases a failure to vote shall be entered on the minutes as an affirmative vote.

24 Manner of exercising, etc., powers, duties, etc., to be prescribed by ordinance.

Wherever, by any provision 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 the State of Arizona, such power, duty or procedure may, nevertheless, be exercised, performed or adopted, or caused to be exercised, performed or adopted, in the same or in a different manner, by an ordinance of the Council, irrespective of such State law, and in case there be no procedure established by State law therefor, then the Council shall by ordinance prescribe one.