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PART I
THE CHARTER1Art. I. Incorporation, Form of Government, Powers and Boundaries, §§ 1– 5
Art. II. The Council, §§ 1–18
Art. III. City Manager, City Clerk and City Attorney, §§ 1–9
Art. IV. Appointive Boards and Commissions, §§ 1, 2
Art. V. Finance and Taxation, §§ 1–16
Art. VI. Ordinances and Resolutions, §§ 1–15
Art. VII. Contracts, §§ 1–8
Art. VIII. Elections, §§ 1–11
Art. IX. Initiative, Referendum and Recall, § 1
Art. X. Police Court, §§ 1–4
Art. XI. Franchises and Public Utilities, §§ 1, 2
Art. XII. General Provisions, §§ 1–8
Art. XIII. Succession in Government, §§ 1–9
Art. XIV. Amendments, § 1
Framed by the Board of Freeholders elected at the Special Election held March 4, 1957, acting as a Charter Committee, and respectfully submitted to the qualified electors of the City for their adoption and approval for the government of the City of Winslow as a Home Rule City.
STATEMENT RE RATIFICATION AND ADOPTION OF A CHARTER GOVERNMENT BY THE CITY OF WINSLOW
STATE OF ARIZONA )
) ss
COUNTY OF NAVAJO )
I, C.L. Cesar, the duly elected, qualified and acting Mayor of the City of Winslow, do hereby certify that on the 5th day of February, 1957, a petition demanding an election of a board of fourteen freeholders for the purpose of preparing a proposed city charter was filed with the Mayor and Common Council of the City of Winslow; that in response to said petition the Mayor and Common Council of said city did call a special election to be held on the 4th day of March, 1957 for the purpose of electing a board of fourteen freeholders to prepare a proposed charter for said city; that said election was held on said date and fourteen qualified freeholders were elected at said special election.
That on the 29th day of May, 1957, the said board of freeholders presented and filed a proposed charter for the City of Winslow in duplicate, one copy thereof with the Mayor of the City of Winslow and one with the county Recorder of Navajo County, in which county said city is situated, and thereafter said proposed charter was published in three consecutive issues of a newspaper of general circulation within said city, which publications appeared May 31, June 7, and June 14, 1957.
That said proposed charter was submitted to the vote of the qualified electors of the City of Winslow at a special election held on the 8th day of July, 1957, which election was called by the Mayor and Common Council of said city for that purpose; that the qualified electors of the City of Winslow did ratify said charter by a majority of such voters voting in favor thereof.
Dated at Winslow, Arizona this 19th day of July, 1957.
C. L. Cesar
Mayor of the City of Winslow
Attest:
Florence Armstrong
Clerk of the City of Winslow
CERTIFICATE OF THE MAYOR
STATE OF ARIZONA )
) ss
COUNTY OF NAVAJO )
I, C.L. Cesar, the duly elected, qualified and acting Mayor of the City of Winslow, do hereby certify that the following is a full, true and correct copy of the charter of the City of Winslow as ratified by the qualified electors of said city on the 8th day of July, 1957.
Dated at Winslow, Arizona this 19th day of July, 1957.
(Signed) C.L. CESAR
Mayor of the City of Winslow
(SEAL)
Attest:
(Signed) Florence Armstrong
Clerk of the City of Winslow
APPROVAL OF THE GOVERNOR
STATE OF ARIZONA )
) ss
OFFICE OF THE GOVERNOR )
The following Charter of the City of Winslow is hereby approved this 1st day of August, 1957.
(Signed) Ernest W. McFarland
Ernest W. McFarland, Governor of the State of Arizona No. 3428
FILED AND RECORDED AT THE REQUEST OF: City of Winslow
DATE 8/10/57 AT 9:00 A.M. AND
DULY RECORDED IN VOL. 97 of
Off. Rec. PAGE 14 – 57 Inclusive
RECORDS OF NAVAJO COUNTY, ARIZONA
(S) ELDA R. PROBST RECORDER
Article I. Incorporation, Form of Government, Powers and Boundaries
Sec. 1. Incorporation.
The inhabitants of the City of Winslow, 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 Winslow,” and may sue or be sued in its corporate name.
Sec. 2. Form of government.
The municipal government provided by this charter shall be known as the council-manager government. Pursuant to its provisions and subject only to the limitations imposed by the state constitution and by this charter, all powers of the city shall be vested in an elective council, hereinafter referred to as “the council,” which shall enact local legislation, adopt budgets, determine policies, and appoint such other officers deemed necessary and proper for the orderly government and administration of the affairs of the city, as prescribed by the constitution and applicable laws, and ordinances hereafter adopted by the city. All powers of the city shall be exercised in the manner prescribed by this charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinance. (Am’d. of 5-20-08; Am’d. of 10-16-61)
Sec. 3. Powers of city.
The city shall have all the powers granted to municipal corporations and to cities by the constitution and laws of this state and by this charter, together with 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 purposes, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease or condemnation, and may sell, lease, mortgage, hold, manage and control such property as its interests may require. Except as prohibited by the constitution of this state or restricted by this charter, the city shall and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever, and especially to enter into contracts, cooperative and otherwise, with the government of the United States, the State of Arizona, Navajo County, or any other municipal corporation of this state for the construction, maintenance and operation of roads, bridges, highways, parks, sewers, waterworks, public utilities, and buildings (when used for public purposes), all when deemed for the best interest of the city. The city shall have the power to provide building, fire, plumbing, electrical, gas and such other codes as may be deemed necessary for promoting the health, safety or general welfare of the city. The enumeration of particular powers by this charter shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is intended that the city shall have and may exercise all powers which under the constitution of this state, it would be competent for this charter specifically to enumerate.
Sec. 4. Corporate seal.
The city shall have a corporate seal which shall be in the custody of the city clerk.
Sec. 5. Boundaries.
The boundaries of the city shall be the boundaries as established and on file in the records of the city clerk 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. 1. Responsibilities and powers of the council.
All powers of the city shall be vested in the council. The council shall be responsible to establish policy, adopt the annual budget, and take such action through the city manager as it deems appropriate to safeguard, protect, enhance, and beautify the city and improve the quality of life therein. The council shall have no administrative duties. (Am’d. of 5-20-08)
Sec. 2. Number; selection.
The council shall consist of a mayor and six (6) councilmen elected from the city at large.
Sec. 3. Term of mayor and council, term limits of mayor and council.
(a) The term of office of the mayor shall commence on the first Tuesday in April following his election, and shall be for two (2) years or until his successor is elected and qualified. The first election for mayor shall be held at the primary and general elections in 1958, as provided in this charter.
(b) The mayor shall not serve more than eight (8) consecutive years. This shall not preclude a person from completing the unexpired remainder of a term of a predecessor. There shall be no limit on the number of non-consecutive terms which may be served. This section shall be effective for the May 2010 mayoral election and thereafter.
(c) Council members shall not serve more than eight (8) consecutive years. This shall not preclude a person from completing the unexpired remainder of a term of a predecessor. There shall be no limit on the number of non-consecutive terms which may be served. This section shall be effective for the May 2010 council election and thereafter.
(d) The term limits set out in sections (b) and (c) above shall not include terms served before the May 2010 election. (Am’d. of 5-20-08)
Sec. 4. Terms of councilmen; election in 1958; designation of long-term and short-term councilmen.
The terms of office of councilmen shall commence on the first Tuesday in April following their election, and, except as otherwise herein provided, shall be for four (4) years or until their successors are elected and qualified. At the primary and general elections to be held in 1958, as provided in this charter, six (6) councilmen shall be elected. The councilmen so elected shall be divided into long-term and short-term councilmen. The three (3) receiving the highest number of votes shall fill said offices for the long terms and the other three (3) shall fill said offices for the short terms. The long-term councilmen shall serve full four-year terms or until their successors are elected and qualified; the short-term councilmen shall serve two-year terms or until their successors are elected and qualified. Thereafter, in each even numbered year, three (3) councilmen shall be elected and shall serve four-year terms.
Sec. 5. Qualifications.
The mayor and councilmen shall be qualified electors and freeholders of the city 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 the city for three (3) 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 felony or a crime involving moral turpitude, his office shall immediately become vacant.
Sec. 6. Duties of mayor.
The mayor shall be the chairman of the council and preside over its meetings. He may make and second motions and shall have a voice and vote in all its proceedings. He shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no regular administrative duties.
Sec. 7. Salaries of mayor and councilmen.
The salary of the mayor shall be not more than twelve hundred dollars ($1,200.00) annually and the salary of each councilman shall be not more than six hundred dollars ($600.00) annually, payable in monthly installments, until changed by ordinance, but shall not be increased during the current term of mayor and councilmen enacting such ordinance. *Editor’s Note—Ordinance No. 530 changed the salary of the Mayor to $4800 annually and the salary of each councilmember to $2400 annually.
Sec. 8. Council to be judge of qualifications of its members.
The council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the council in any such case shall be subject to review by the courts.
Sec. 9. Induction of mayor and council into office.
On the first Tuesday in April following the general election, the council shall hold a meeting for the purpose of administering the oath of office to, and inducting the newly elected mayor and councilmen, and to organize the council. At this meeting the council shall designate one of its members as vice-mayor, who shall serve in such capacity at the pleasure of the council. The vice-mayor shall perform the duties of the mayor during the absence or disability of the mayor. *Editor’s Note—Title 16-204 of the A.R.S. changed election dates. The first Tuesday in June now is when the meeting to issue the oath of office will be held.
Sec. 10. Absence to terminate membership.
(a) If any councilman shall be absent from more than two (2) consecutive regular meetings without the consent of the council, he shall thereupon cease to hold office.
(b) If the mayor shall be absent for more than two (2) consecutive regular meetings without the consent of the council, he shall thereupon cease to hold office.
Sec. 11. Vacancies in council and office of Mayor.
The council, by a majority vote of its remaining members, shall, within thirty-one (31) days of a vacancy, fill said vacancy in its own membership and in the office of mayor for the unexpired term of the vacancy. However, if a vacating mayor’s or council member’s remaining term is two or more years as of the next regularly scheduled council election, the vacancy shall be filled only until said election and the remaining term shall be filled by a vote of the duly qualified electors. (Am’d. of 5-20-08)
Sec. 12. Council meetings; open to public.
The council shall meet regularly at such times and at such place as shall be prescribed by its rules, but not less frequently than two (2) times each month. All meetings of the council shall be open to the public. No change shall be made in regular meeting times or place without a published seven (7) day notice.
Sec. 13. Special meetings.
The mayor may, or at the request of three (3) members of the council shall, by giving notice thereof to all members of the council then in the city and to the public, call a special meeting of the council for a time not earlier than three (3) nor later than forty-eight (48) hours after the notice is given. Special meetings of the council may also be held at any time by the common consent of all the members of the council, after public notice. *Editor’s Note—Pursuant to A.R.S. § 38-431.02(C) of the Open Meeting Law meetings shall not be held without at least twenty-four hours’ notice to the members of the public body and to the general public.
Sec. 14. Rules of procedure; journal.
The council shall determine its own rules and order of business subject to the provisions of this charter. It shall keep a journal of its proceedings and the journal shall be open to public inspection.
Sec. 15. Quorum; ayes and noes.
A majority of the members of the council shall constitute a quorum, but a smaller number may adjourn from day to day or from time to time. The vote on any question shall be by ayes and noes and shall be entered in the journal. At the request of any member of the council, a roll call vote shall be taken.
Sec. 16. Failure to vote.
No member of the council present at any meeting 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. *Editor’s Note—Portions of this section are in conflict with A.R.S. § 38-502 and are therefore void to that extent.
Sec. 17. Consideration of petitions.
Any citizen of the 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 thirty-one (31) days.
Sec. 18. Conduct of council as to powers authorized by charter when no procedure established by state law.
Whenever, by any provisions of this charter, it is prescribed that any power, duty or procedure shall or may be exercised, performed or adopted in the manner established by any law of this state, and [if] there be no procedure established by law therefor, then the council shall by ordinance prescribe the procedure. (Am’d. of 10-16-61)
Article III. City Manager, City Clerk and City Attorney
Sec. 1. Appointment of city manager.
Council shall appoint a city manager who shall be an officer of the city and who shall have the powers and perform the duties provided in this charter. The council shall have the discretion to enter into a written employment contract with the city manager, but in no event shall the initial term of such contract be for a period longer than 36 months. No subsequent contract shall be for a period longer than 60 months. (Am’d. of 5-20-08)
Sec. 2. The city manager: qualifications.
The city manager shall be chosen by the council on the basis of executive and administrative qualifications with special reference to actual experience in or knowledge of accepted practice in respect to the duties of the office as hereinafter set forth. (Am’d. of 5-20-08)
Sec. 3. City manager: powers and duties.
The city manager shall be the chief administrative officer and head of the administrative branch of the city government and shall be responsible for the proper administration of all affairs of the city. To that end, subject to the provisions of this charter, the city manager shall have the authority to and shall be required to:
(a) Devote full-time to the discharge of the official duties of the office and have no outside employment without prior approval of the council.
(b) See that all ordinances, city code provisions, and directions of the city council are enforced and that the provisions of all franchises, licenses, leases, contracts, permits, and privileges granted by or to the city are observed;
(c) Appoint, promote, remove, and demote for cause, subject to rights of appeal, and in compliance with applicable personnel rules and regulations, all officers and employees of the city except the city attorney, and city clerk and, as to these named officers, shall recommend appropriate action to the council. The city manager shall also draft the performance evaluations for the above named charter officers and recommend said evaluations to the city council for council consideration;
(d) Prepare the annual budget estimates and submit them to the council and be responsible for the administration of the budget after adoption;
(e) Keep the council advised at all times of the affairs and needs of the city, and make reports annually, or more frequently if requested by the council;
(f) Have such other powers, duties, and functions as this charter may prescribe, or as may be reasonably required to perform the city manager duties. (Am’d. of 5-20-08)
Sec. 4. Right of city manager to attend council meetings.
The city manager shall have the right to attend all council meetings and take part in the discussions of all matters coming before the council except as otherwise provided by the Arizona Open Meeting Law. (Am’d. of 5-20-08)
Sec. 5. Removal of city manager.
(a) The removal of the city manager shall require an affirmative vote of not less than four (4) members of the council/mayor, but no termination may occur during the 180 day period following a council election.
(b) Notwithstanding the provisions of this section, the city manager shall not be removed from office, other than for malfeasance for personal gain or misfeasance in office. In the event of misfeasance, the council shall give thirty (30) days written notice of the perceived misfeasance with clear direction on how to correct such misfeasance. If said misfeasance is not corrected within said thirty (30) day period, the manager may be removed from office but only as set out in subsection (a) above.
(c) The city council shall evaluate the city manager annually. (Am’d. of 5-20-08)
Sec. 6. City clerk.
The council shall appoint an officer of the city, who shall have the title of city clerk, and who shall give notice of all council meetings, keep the journal of the council’s proceedings, authenticate by his signature and record in full in books kept for the purposes all ordinances and resolutions, and shall perform such other duties as shall be required by this charter or by ordinance. He will serve at the pleasure of the council. (Am’d. of 5-20-08)
Sec. 7. City attorney.
The council shall appoint a city attorney who shall be an attorney at law, admitted to the bar of the supreme court of this state. He shall be the chief legal advisor of all offices, departments and agencies and of all officers and employees in matters relating to their official powers and duties. He shall represent the city in all legal proceedings. It shall be his duty to perform all services incident to his position as may be required by statute, by this charter or by ordinance. He will serve at the pleasure of the council. (Am’d. of 5-20-08)
Sec. 8. Merit system to be established.
The council shall, by ordinance, provide for the establishment of a merit system for the purpose of regulating and controlling the appointments, promotions, demotions, discharges and reinstatements of all officers and employees of the city except those elected by the people and also except the city clerk, city attorney, and city judge. (Am’d. of 5-20-08)
Sec. 9. Merit basis of appointment.
Appointments and promotions in the administrative service of the city shall be made in accordance to merit and fitness to be ascertained, so far as practicable, by previous record and competitive examination. (Am’d. of 5-20-08)
Article IV.* Appointive Boards and Commissions
* Editor’s note – This was article V prior to amendment of 10-16-61.
Sec. 1. Appointive boards and commissions.
The council may, by ordinance, create boards or commissions as in its judgment are required or as are now or hereafter provided by law, and may grant to them such power and duties as are consistent with the provisions of this charter.
Sec. 2. Mayor ex officio member.
The mayor shall be ex officio member without voting privileges, of all boards and commissions. (Am’d. of 10-16-61)
Article V.* Finance and Taxation
* Editor’s note – This was article VI prior to amendment of 10-16-61.
Sec. 1. Fiscal year.
The fiscal year of the city shall commence on the first day of July of each year.
Sec. 2. Council to provide for tax system; use of county services.
(a) The council shall by ordinance provide a system for the assessment, levy and collection of all city taxes, not inconsistent with the provisions of this charter.
(b) The council shall have power to avail itself by ordinance of any law of this state, now or hereafter in force, and comply with the requirements thereof whereby assessments may be made by the assessor of the county in which the city is situated, and taxes collected by the tax collector of said county for and in behalf of the city. Other provisions of this charter concerning the assessment, levy and collection of taxes shall be subject to the provisions of any such ordinance while the same shall be in force.
Sec. 3. Department heads’ budget estimates.
On or before the first of June, the department heads shall prepare and submit to the council a detailed estimate by city departments of the anticipated expenditures and the anticipated receipts from all sources other than ad valorem taxes for the following fiscal year. Such estimates shall include all expenditures necessary for city operation, and the interest on and retirement of outstanding indebtedness. (Am’d. of 10-16-61)
Sec. 4. Preparation of proposed budget and notice of public hearing.
On or before the first of July, the council shall prepare a proposed budget showing in detail the estimated amounts necessary to cover the costs of operating each department of the city for the ensuing fiscal year, the anticipated receipts from all sources other than ad valorem taxes, and the estimated total tax levy necessary for city operation including interest on and retirement of outstanding indebtedness. The council shall have such proposed budget published in the official newspaper of the city once each week for two (2) consecutive weeks, together with a notice setting forth the time and place for a public hearing on said budget.
Sec. 5. Public hearing and adoption of budget.
The council shall, at the time and place designated in the notice of public hearing, hold a meeting and present the proposed budget to residents and taxpayers attending the meeting. Upon request of any taxpayer, the council shall explain any item of the proposed budget and any taxpayer may speak for or against the inclusion of any item. After such hearing is concluded, the council shall adopt the annual budget, but the total expenditures listed in the adopted budget shall not exceed estimated expenditures of the published budget.
Sec. 6. Adoption of ordinance fixing tax rate.
On the day set for establishing tax rates, but not later than the third Monday in August, the council shall meet and adopt an ordinance levying upon the assessed valuation of the property within the city, subject to the provisions of this charter, a rate of taxation upon each one hundred dollars ($100.00) of valuation, sufficient to raise the tax levy as shown in the adopted budget.
Sec. 7. Additional taxes for special purposes.
(a) The council shall have the power to levy and collect taxes in addition to the taxes herein authorized to be levied and collected, sufficient to pay the interest and maintain the sinking fund of the bonded indebtedness of the city, and to provide for the establishment and support of free public libraries, and for advertising the advantages of the city, and an additional amount deemed to be advisable and necessary to create a reserve fund to provide for replacement of equipment, for the furnishing of city services and the maintenance of all municipally owned and operated utilities.
(b) The council shall have the power to levy 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 public purposes only; property to be assessed as provided by law.
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. 9. Tax exempt property.
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 laws of the United States, the laws of this state, under this charter and ordinances of this city.
Sec. 10. Budget establishes appropriations; method of expenditure.
From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named and may be changed only by ordinance. The council shall, by ordinance, provide for the method of expending the appropriations subject to the limitations of this charter.
Sec. 11. Transfer of appropriations.
The council may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency, or between offices, departments or agencies. (Am’d. of 5-20-08; Am’d. of 10-16-61)
Sec. 12. Appropriations lapse at end of year.
All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered.
Sec. 13. Claims or demands against the city.
The council shall prescribe by ordinance the manner in which claims or demands against the city shall be presented, audited and paid.
Sec. 14. Transfer of sums from any funds to interest funds.
Whenever there shall not be sufficient monies 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 monies therein to such interest funds the necessary amounts of money to pay the interest on said bonded indebtedness, and the amount so transferred shall be returned to the respective funds from which such transfer was made whenever sufficient monies shall accrue in said bonded indebtedness funds, from the regular tax levied therefor.
Sec. 15. Independent annual audit.
Prior to the end of each fiscal year, the council shall designate an independent certified public accountant who, as of the end of the fiscal year, shall make an audit of accounts and other evidences of financial transactions of the city government and shall submit a long form report, including recommendations concerning policy and fiscal procedures to the council. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the city government or of any of its officers. He shall, within specifications approved by the council, post-audit the books and documents kept by the city and any separate or subordinate accounts kept by any other office, department or agency of the city government. (Am’d. of 10-16-61)
Sec. 16. Permission to exceed the budget.
Nothing in this article shall prevent the council from seeking permission from the Arizona State Tax Commission to exceed the adopted budget in the event an emergency should arise.
Article VI.* Ordinances and Resolutions
* Editor’s note – This was article VII prior to amendment of 10-16-61.
Sec. 1. Council to act by motion, resolution, or ordinance.
The council shall act by motion, resolution, or ordinance. (Am’d. of 5-20-08)
Sec. 2. Roll call vote required.
A roll call vote shall be taken upon the request of any member of the council made prior to or following the vote regarding any motion, resolution, or ordinance, and the vote shall be entered upon the journal of the proceedings of the council. (Am’d. of 5-20-08)
Sec. 3. When majority vote required.
A majority vote of the council shall be necessary to pass any motion, resolution, or ordinance, except as otherwise provided herein. (Am’d. of 5-20-08)
Sec. 4. 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 Winslow as follows:”.
Sec. 5. When actions to be taken by ordinance.
Actions for the acquisition, sale or lease of real 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. (Am’d. of 5-20-08; Am’d. of 3-8-76)
Sec. 6. Reading and Passage of Ordinances: Effective Date.
(a) Copies of a proposed ordinance shall be delivered to the mayor and council, or left at their usual place of residence, consistent with the procedures for all other agenda items.
(b) Copies of titles of a proposed ordinance shall be posted at the City Hall, and such other places as the city council may prescribe, not less than twenty-four hours before the meeting at which action may be taken thereon. During such period, three (3) copies of the entire ordinance, heretofore mentioned, shall be available for inspection by the public at City Hall during the city’s regular business hours. If the titles are not posted or copies made available as herein set forth, the matter shall not be brought before the city council.
(c) On motion duly adopted, a full reading of a proposed ordinance shall be ordered. Otherwise, an ordinance shall be read and considered by number and title only. The measure may be passed and adopted at any time after a full reading or a reading by title only.
(d) In the event that an amendment of substantive nature is made during the consideration of any ordinance, such ordinance containing such amendment shall not be adopted without following the provision set forth in subparagraph (c) above and not sooner than the next council meeting. For the purpose of this subsection, the term “amendment of substantive nature” means an amendment which, either by addition, alteration, or deletion, alters the sense, meaning or effect of the proposed ordinance, but shall not be deemed to include the changing of capitalization, changes for the purpose of uniformity, or the correction of clerical or typographical errors.
(e) Ordinances shall become effective thirty (30) days after passage by the city council except emergency measures.
(f) Ordinances need not be published unless required by law or directed by the council. Nevertheless, the city shall take reasonable action to advise citizens prior to the passage of a new ordinance and provide to the public a brief summary of the content thereof. (Am’d. of 5-20-08)
Sec. 7. Emergency measures; effective date.
(a) An emergency measure is one passed by the affirmative vote of five (5) members of the council for the immediate preservation of the public peace, health or safety, in which the emergency is set forth and defined.
(b) An emergency measure shall take effect immediately upon its passage.
Sec. 8. Signing of ordinances and resolutions.
All ordinances and resolutions shall be signed by the mayor and attested by the city clerk.
Sec. 9. Publication of ordinances and resolutions
(a) All ordinances and resolutions having the effect of ordinances, shall be published at least one (1) time in the official newspaper of the city before the second reading.
(b) Emergency ordinances shall be published at least once in the official newspaper of the city within fifteen (15) days after their passage. (Am’d. of 10-16-61; Am’d. of 3-8-76)
Sec. 10. How ordinances to be revised, reenacted and amended.
Ordinances shall not be revised, reenacted or amended by reference to title only, but the ordinance to be revised or reenacted, or the section or sections thereof to be amended, or the new section or sections to be added thereto, shall be set forth and adopted in the method provided in this charter for the adoption of ordinances.
Sec. 11. 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 charter.
Sec. 12. 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 record copies 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 of this state, or in any proceeding where the contents 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 and publication of any ordinance or resolution in the manner otherwise prescribed by law.
Sec. 13. Procedure for adoption by reference.
(a) The council may enact the provisions of a code or public record already in existence without setting forth such provisions, but the adopting ordinance shall be published in full. At least three (3) 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 public record enacted by reference may be amended in the same manner.
(b) No penalty clause shall be enacted by reference thereto. A penalty clause contained in a code or public record adopted by reference shall be set forth in full in the adopting ordinance.
Sec. 14. Recording of certain ordinances.
Annexation ordinances and all ordinances extending 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 county recorder of Navajo County and, after being so recorded, the same shall constitute public notice to all parties of the legal import thereof.
Sec. 15. Codification of ordinances.
Any and all ordinances of the city which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance, by the passage of any ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than three (3) copies thereof shall be filed for use and examination by the public in the office of the city clerk prior to the adoption thereof. Ordinances codified shall be repealed as of the effective date of the code. Amendments to the code shall be enacted in the same manner as ordinances.
Article VII.* CONTRACTS
* Editor’s note – This was article VIII prior to amendment of 10-16-61.
Sec. 1. Preparation.
All contracts shall be drawn under the supervision of the city attorney, must be in writing, executed in the name of the City of Winslow by the mayor, except as it may be otherwise provided either by this charter or by law, and must be countersigned by the city clerk, who shall number and register the same in a book kept for that purpose.
Sec. 2. Purchases and contracts.
The council shall contract for any purchase or issue purchase authorizations for all supplies, materials, equipment and services for the offices, departments and agencies of the city in accordance with the rules, regulations, city code provisions, and ordinances that the council may adopt from time to time. (Am’d. of 5-20-08; Am’d. of 10-16-61; Am’d. of 3-8-76; Am’d. of 3-31-80)
Sec. 3. Bids.
The advertisement for bids shall distinctly and specifically state the character of the city improvement or purchase contemplated. Such notice shall be published at least three (3) times in the official newspaper, prior to the opening of bids. Bidding shall be by sealed proposals only and under such regulations as may be prescribed by the council. The council shall have the power to reject any or all bids, and advertise for bids again. (Am’d. of 10-16-61)
Sec. 4. Transfer and sale of property.
The council may sell, or may transfer to or between offices, departments and agencies surplus or obsolete supplies, materials, and equipment, subject to such regulations as the council may prescribe. (Am’d. of 10-16-61)
Sec. 5. Contracts for official advertising.
(a) The council may let contracts annually for official advertising for the ensuing fiscal year. For this purpose the council may submit to each newspaper published in the city, a notice describing the contemplated advertising and asking for sealed proposals. The proposals shall specify the type and spacing to be used at the rate or rates named in the bid. The council may let the contracts for such official advertising to the lowest and best bidder publishing a newspaper of general circulation in the city; provided that in their discretion they may reject any and all bids and proceed to secure new bids in the manner provided herein.
(b) The newspaper to which the award for such advertising is made shall be known and designated as the official newspaper. (Am’d. of 10-16-61)
Sec. 6. Fraud and collusion.
Any member of the council or any officer or employee of the city who shall aid or assist a bidder in securing a contract to furnish labor, material, equipment, supplies or services at a higher price than that proposed by any other bidder, or who shall favor one bidder over another by giving or withholding information or who shall willfully mislead any bidder in regard to the character of the labor, material, equipment, supplies or services called for or the conditions under which the proposed work is to be done, or who shall knowingly certify to a greater amount of labor or service performed than actually has been performed, or to receipt of a greater amount or different kind of material, supplies or equipment than actually has been received, shall be guilty of a misdemeanor and shall be removed from office.
Sec. 7. Avoidance of contracts made through fraud and collusion.
If at any time it shall be found that the person to whom a contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties for the purpose of preventing any other bid being made, then the contract so awarded shall be null and void, and the council shall advertise for new bids for said city improvements and/or supplies, materials, equipment and services required, or the council may provide for such public work to be done by the city under the direction of the council. (Am’d. of 10-16-61)
Sec. 8. Personal interest.
No member of the council or any officer or employee of the city shall have a direct financial interest in any contract or in the sale to or purchase from the city of any land or rights or interests in any land, material, supplies, equipment or services. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position. Any violations of this section with the knowledge express or implied of the person or corporation contracting with the city shall render the contract voidable by the council, provided, however, said prohibition shall not apply where competitive bidding is invoked. No member of the council who would otherwise be precluded by the provisions hereof shall vote on said award. (Am’d. of 10-16-61)
Article VIII.* Elections
* Editor’s note – This was article IX prior to amendment of 10-16-61.
Sec. 1. Permitted types of elections.
(a) City elections shall be primary, general or special.
(b) Primary elections shall be held for the purposes of nominating candidates for the general election and for such other purposes as the council may prescribe.
(c) General elections shall be held for the purpose of electing a mayor and councilmen of the city and such other purposes as the council may prescribe.
(d) All other municipal elections that may be held by authority of this charter, or of any law, shall be known as special elections.
Sec. 2. Qualifications of electors; registration.
(a) The qualification of electors shall be as required by the constitution and laws of this state for state and county electors. Electors shall also be residents of the city for at least six months prior to any primary, general or special elections held therein. 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 of the city. *Editor’s Note—Pursuant to A.R.S. and Constitution the question of issuing bonds and being a real property taxpayer of the City is no longer valid. Under Title 16-121.01 residents need only be residents of the city for 29 days prior to any election.
(b) Registration of voters shall be as provided by city ordinance.
Sec. 3. Arrangement of names not to reveal source of candidacy or support of candidates.
The names of the candidates for each office shall be arranged as provided by law and nothing on the ballot shall be indicative of the source of the candidacy or of the support of any candidate.
Sec. 4. Nomination for primary election.
(a) Nominations for primary elections shall be by petition of nomination which shall consist of a printed or written statement substantially in the following form, which shall be furnished to applicants by the city clerk:
“PETITION FOR NOMINATION
State of Arizona, County of Navajo, City of Winslow, ss.
We, the undersigned, do hereby certify that we do hereby join in a petition for the nomination of __________________ whose residence is at in the City of Winslow, Arizona, for the office of to be voted for at the municipal election to be held in the City of Winslow on the _____ day of __________, 19 ___, and we each do hereby further certify, for ourselves individually, and not one for the other, that I am a qualified elector and am not at this time a signer of any other petition nominating any other candidate for the above named office; or, in case there are several places to be filled in the above named office, that I have not signed more petitions than there are places to be filled in the above named office; that my residence is as set opposite my name hereinbelow.
City of Winslow
Name of Signers
Street No.
Date of Signing
_____________
__________
________
_____________
__________
________
_____________
__________
________
ACCEPTANCE OF NOMINATION
I,________________ hereby agree to serve if nominated and elected.
____________________
Signature of Candidate
State of Arizona, County of Navajo, City of Winslow, ss. ____________________, being by me first duly sworn on oath, says, that is a qualified elector in the City of Winslow, Navajo County, Arizona; that to the best of ___________________ knowledge and belief all the signers to the above petition are electors in the said City of Winslow, Arizona; that ____________________ knows they signed the same with knowledge of the contents thereof; that their respective residences are correctly stated therein, and that each signed the same on the date set opposite his/her name.
Subscribed and sworn to before me this _______ day of _________________________, 19 ____. ____________________________ Notary Public, Navajo County, Arizona
My commission expires: ____________________
Date and hour of filing: _____________________
Filed by ___________________________ address ____________________
Received by ________________________, City Clerk.
This petition of nomination shall, if found insufficient, be returned to (Street No.) at Winslow, Arizona.”
(b) The petition or petitions for nomination, consisting of signatures of qualified voters, aggregating not less than five (5) per cent nor more than ten (10) per cent of the number of electors voting at the last preceding municipal general election shall be presented to the city clerk not earlier than sixty (60) days, nor later than thirty (30) days before the date set for primary election. The city clerk shall endorse on such petition or petitions the date and time when the same was received by him, and shall cause the candidate’s name to be printed on the ballot. (Amendment of 3-13-72)
Sec. 5. Primary elections.
(a) The primary election shall be held on the first Monday in February, 1958 and thereafter on the first Monday in February in even numbered years. The two (2) candidates receiving the highest number of votes at the primary election for each office for which there is a vacancy will be considered nominated for such office and their names will be printed on the ballot for the general election; provided, that if there be any person who under the provisions of this section, would have been entitled to become a candidate for any office except for the fact that some other candidate received an equal number of votes therefor, then all such persons receiving said equal number of votes shall likewise become candidates for such office. *Editor’s Note—Title 16-204 of the A.R.S. changed election dates and therefore the second Tuesday in March is when the City’s Primary Election will be held.
(b) In the event that no more than two (2) candidates file nominating petitions for each vacancy in office, the primary election may be dispensed with as to that office.
Sec. 6. Time of holding general election.
The general election shall be held on the second Monday in March in each even numbered year, beginning in 1958. *Editor’s Note—Title 16-204 of the A.R.S. changed election dates and therefore, the third Tuesday in May is when the City’s General Election will be held.
Sec. 7. Candidates receiving most votes to be elected.
(a) The candidate for mayor who shall receive the highest number of votes at the general election shall be declared elected.
(b) The candidates for councilman, equal in number to the offices to be filled, who shall receive the highest number of votes at the general election shall be declared elected.
Sec. 8. Special elections.
The council shall provide for holding special elections, which shall be conducted in the same manner as general elections.
Sec. 9. Absentee voting.
The council shall provide by ordinance for voting by absent or disabled electors in city elections.
Sec. 10. Canvassing returns and declaration of election results.
At the first regular meeting after any election, the mayor and council shall canvass returns and declare the results of such election. The city clerk shall issue a certificate to each successful candidate elected to office at any general election.
Sec. 11. Application of state law.
The provisions of the laws of this state relating to and governing the nomination of elective officers and the conduct of elections, and each and every provision of said law, with all amendments thereto shall apply and shall govern the nomination of elective officers and the conduct of elections, except as otherwise provided in this charter. The council shall have power to make any other provisions relating to the nomination of officers and to the conduct of elections not repugnant nor contrary to the provisions of the laws of this state or the provisions of this charter.
Article IX.* Initiative, Referendum and Recall
* Editor’s note – This was article X prior to amendment of 10-16-61.
Sec. 1. Initiative; referendum; recall.
There are hereby reserved to the electors of the city the powers of the initiative and referendum and of the recall of elective officers. The provisions of the constitution and general laws of this state, as the same now exist or hereafter may be amended, governing the initiative and referendum and the recall of elective officers, shall apply to the use thereof in the city.
Article X.* Police Court
* Editor’s note – This was article XI prior to amendment of 10-16-61. A.R.S. 22-401 changed the Police Court to Municipal Court.
Sec. 1. State laws control.
The police court created by the general statutes of the state and all statutes pertaining to the jurisdiction and procedure of said court shall be fully observed.
Sec. 2. Presiding officer; appointment; term.
The presiding officer of the police court shall be a police judge, who shall be appointed by the council and shall hold office at the pleasure of the council. *Editor’s Note—A.R.S. 22-403 changed police judge to magistrate.
Sec. 3. Service of process.
The chief of police shall cause all summons issued by the police judge to be served and his return endorsed thereon and signed by the officer making such service. He shall also cause all warrants of arrest to be executed. *Editor’s Note—A.R.S. 22-403 changed police judge to magistrate.
Sec. 4. Disposition of fines, penalties and fees.
The police judge shall keep a record of all fines, penalties and fees collected. He shall transmit all monies collected, at least once each month, to the city treasurer. He shall make a detailed monthly report of such fines, penalties and fees to the city council. *Editor’s Note—A.R.S. 22-403 changed police judge to magistrate.
Article XI.* Franchises and Public Utilities
* Editor’s note – This was article XII prior to amendment of 10-16-61.
Sec. 1. Elections for approval of franchises.
No franchise shall be granted, extended or renewed by the city without the approval of a majority of the qualified electors residing within its corporate limits voting thereon at a primary, general or special election; the council shall submit any matter for approval or disapproval to such election at any primary or general election or call a special election for such purpose at any time upon thirty (30) days notice; and the council shall require, before calling any such election, that the estimated expense thereof (to be determined by the council) shall be first deposited by the applicant for such franchise with the city clerk.
Sec. 2. Establishment of municipally owned and operated utilities.
(a) The city shall have power to own and operate any public utility, to construct and install all facilities that are reasonably needed and to lease or purchase any existing utility properties used or useful in public service. The city may also furnish service to adjacent and nearby territories which may be conveniently and economically served by the municipally owned and operated utility, subject to the limitations of the provisions of the general laws of this state. The council may provide by ordinance for the establishment of such utility and provide for its regulation and control and the fixing of rates to be charged. The council may by ordinance provide for the extension, enlargement or improvement of existing utility, and provide reasonable reserves for such purpose.
(b) In furnishing service from municipally owned utilities, no agreements shall be made for service outside the city limits which will return to the city less net revenue than it realizes for the same service within the city.
Article XII.* General Provisions
* Editor’s note – This was article XIII prior to amendment of 10-16-61.
Sec. 1. Publicity of records.
All records and accounts of every office, department or agency of the city shall be open to inspection by any citizen, any representative of a citizens’ organization or any representative of the press at all reasonable times and under reasonable regulations established by the council, except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish. (Am’d. of 10-16-61)
Sec. 2. Official bonds.
All elected and appointed officers and such other employees as the council may by general ordinance require to do so, shall give bond in such amount and with such surety as may be approved by the council. The premiums on such bonds shall be paid by the city.
Sec. 3. Oath of office.
Every officer of the city, whether elected or appointed under the 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 state constitution.
Sec. 4. Liability insurance.
The council shall procure liability insurance covering the city. The premiums on such insurance shall be paid by the city.
Sec. 5. Short title.
This charter, adopted by the people of the City of Winslow, shall be known and may be cited as the Mayor and Council charter of Winslow. (Am’d. of 10-16-61)
Sec. 6. Separability clause.
If any section or part of section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.
Sec. 7. Violations of charter and city ordinances; imprisonment of violators.
The violation of any provisions of this charter, or any ordinance of the city, shall be deemed a misdemeanor, and may be prosecuted by the authorities of the city in the name of the State of Arizona, or may be redressed by civil action, at the option of the council. Any person sentenced to imprisonment for violation of a provision of this charter, or of an ordinance, may be imprisoned in the city jail, or, if the council, by ordinance, shall so prescribe, in the county jail of this county, in which case the expense of such imprisonment shall be a charge in favor of said county against the city.
Sec. 8. Plenary and implied powers of the council.
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, and thereby protect and safeguard the rights, interests, safety, morality, health and welfare of the city and its inhabitants.
Article XIII.* Succession in Government
* Editor’s note – This was article XIV prior to amendment of 10-16-61.
Sec. 1. Rights of officers and employees preserved.
Nothing in this charter contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the city or of any office, department or agency existing at the time this charter takes effect, or any provision of law in force at the time this charter takes effect and not inconsistent with the provisions of this charter, in relation to the personnel, appointment, rank, grades, tenure of office, promotion, removal, pension and retirement rights, civil rights or any other privileges of officers or employees of the city or any office, department or agency.
Sec. 2. Continuance of present officers.
(a) The mayor and members of the city council serving at the time this charter takes effect shall serve until the mayor and councilmen provided for in article II of this charter shall have been elected and qualified.
(b) All persons holding administrative office at the time this charter takes effect shall continue in office and in the performance of their duties until provisions shall have been made in accordance therewith for the performance of such duties or the discontinuance of such office.
Sec. 3. Continuance of present offices, departments or agencies.
(a) Any office, department or agency provided for in this charter with powers and duties the same or substantially the same as those heretofore existing, shall be deemed a continuation of such office, department or agency and shall have powers to continue any business proceeding or other matters within the scope of the powers and duties prescribed by this charter. Any office, department or agency not provided for in this charter, heretofore existing, shall continue to exercise powers and duties as the same were heretofore exercised and shall have the power to continue any business proceedings or other matters within the scope of its regular powers and duties until such office, department or agency shall be changed or abolished by the council as heretofore provided in this charter.
(b) The powers conferred and the duties imposed upon any office, department or agency of the city by the laws of this state shall, if such office, department or agency be abolished by this charter, or under its authority, be thereafter exercised and discharged by the office, department or agency designated by the council, unless otherwise provided herein.
Sec. 4. Continuance of appointive boards and commissions.
All appointive boards and commissions, heretofore existing shall continue and shall exercise such powers and duties as were granted them until such boards and commissions shall be changed or abolished by the council as heretofore provided in this charter.
Sec. 5. Transfer of records and property.
All records, property and equipment whatsoever of any office, department or agency or part thereof, all the powers and duties of which are assigned to any other office, department or agency by this charter, or under its authority, shall be transferred and delivered to the office, department or agency to which such powers and duties are so assigned.
Sec. 6. Continuance of contracts.
All contracts entered into by the city, or for its benefit, prior to the time this charter takes effect, shall continue in full force and effect.
Sec. 7. Pending actions and proceedings.
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 thereof.
Sec. 8. Ordinances to remain in force.
All ordinances, resolutions and regulations of the city in force at the time this charter takes effect, and not inconsistent with the provisions thereof, are hereby continued in force until the same shall be duly amended or repealed.
Sec. 9. Inauguration of government under this charter.
If a majority of the qualified electors of the city, voting on the question, vote to ratify this charter, the provisions of this charter shall go into effect for all purposes immediately upon the approval of the governor as provided by the constitution of this state.
Article XIV.* Amendments
* Editor’s note – This was Article XV prior to amendment of 10-16-61.
Sec. 1. Method of amendment.
This charter or any part of any article or section thereof, may be amended in the manner provided by the constitution of this state.
Respectfully submitted,
Ralph B. MacLean, Chairman
R. E. Booth
E. Cecil Allen
Lloyd N. Allen
Claude H. Peterson
Kirby G. Dickson
Geo. T. Stevens
Leo M. Shipley
J. Morris Richards
Ross F. Dover
Virgil L. Queen
Dale O. Nelson
Harper Harman
O. Wade Letts
Committee of Freeholders
CHARTER COMPARATIVE TABLE
Date
Article/Section
Disposition Article/Section
7-8-1957
I – XV
I – XIV
Am’d. 10-16-1961
I
2
II
18
III
5, 6
IV
2
V
3, 11, 15
VI
9
VII
1 – 8
Am’d. 3-13-1972
VIII
4
Am’d. 3-8-1976
VI
5
VI
9(a)
VII
2(b), (c)
Am’d. 3-31-1980
VII
2(b)
Am’d. 7-6-1981
V
7(a)
Am’d. 6-20-1989
VI
6, 7, 9
Am’d. 5-21-2002
VI
7
Am’d 5-20-2008*
I
2
II
1, 3, 11
III
1 – 9
V
11
VI
1, 2, 3, 5, 6
VII
2
* Editor’s note – Charter amendments made with approval of the voters on the 20th day of May, 2008 and approved by Governor Janet Napolitano on the 2nd day of July, 2008.
CHARTER REVIEW COMMITTEE MEMBERS
Sarah Smithson – Chairperson
Peggy Adams
Roy Crain
Eloise Despain
Garrett Hamlin
Marci D. Heavrin
Anita Henling
Susan Lillard
Dan Simmons
Phil Stago, Jr.
Jim Weldon
MAYOR AND CITY COUNCIL MEMBERS
Allan Affeldt – Mayor
Robin Boyd
Harold Soehner
Judy Howell
Peter Cake
Stephanie Lugo
Sue Bumpus
1Editor’s Note – The charter is set out herein as enacted, except that obvious typographical errors have been corrected. Words appearing in brackets have been added by the editor to clarify ambiguities or for information. Amendments have been inserted in their proper places, cited in parentheses following the amended section, and deleted provisions removed.