CHARTER

City of TucsonState of firizona

February, 1929'

PIP, PRINTING CO - TUCSON

CITY CHARTERTUCSON, ARIZONA

CHAPTER I.

Name

Section 1. The municipal corporation now existingand known as the City of Tucson shall remain and continuea BODY POLITIC and CORPORATE in name and in factby the name of CITY OF TUCSON, and by such name shall

" have perpetual succession.Section 2. The city of Tucson shall remain vested

with and continue to have, hold and enjoy all property,rights of property and rights of action, of every nature anddescription, now belonging or pertaining to it. It shall besubject to all the liabilities that now or may hereafter existagainst it.

CHAPTER II.

Boundaries

The boundaries of the City of Tucson shall continue asnow established until changed in the manner authorized by1ww. Said City, as now established, comprises the followinglands:

All of Sections Twelve (12) and Thirteen (13), theNorth Half of the Southwest Quarter (N1/2SW 14.) of Sec-tion One (1) , the Northwest Quarter of the Southeast Quar-ter (NWIASE 1/4 of Section One (1), the South Half ofthe South Half (S1/2S1/2) of Section One (1) the SoutheastQuarter of the Southeast Quarter (SE 1/4SE 1/4,) of SectionTwo (2), the East Half of the East Half (E 1/2E1/4) ofSection Eleven (11) , the East Half of the East Half (E 1/2E 1/2) iff Section Fourteen (14), the Northeast Quarter ofthe Northeast Quarter (NEVINE 1/4) of Section Twenty-three (23), the North Half of the North Half (N ½N'/)Ni/2 )of Section Twenty-Four (24), all in Township Fourteen(14) South, Range Thirteen (13) East, Gila and Salt RiverBase and Meridian; all of Sections Seven (7) and Eighteen(18), the North Half of the North Half (N 1/2N1/2) of Sec-tion Nineteen (19), the South Half of the South Half (S1/2S1/2) of Section Six (6), the North Half of the Southwest

H4654;

2 CITY CHARTER

Quarter (N 1A2SW1/4 of Section (8), the NorthwestQuarter (NW1/4) of Section Eight (8), the NorthwestQuarter of the Southeast Quarter (NW 1/4SE 1/4) of SectionEight (8), the Southwest Quarter of the Northeast Quarter(SW1/4NE 1/4) of Section Eight (8), the Southwest Quarter(SW 1/4) of Section Five (5), all in Township Fourteen (14)South, Range Fourteen (14) East, Gila and Salt River Baseand Meridian; a certain piece or parcel of land, being aportion of the Southwest Quarter (SW 1/4) of Section Eight(8) and the Northwest Quarter (NW 1/4) of Section Seven-teen (17), both, in Township Fourteen (14) South, RangeFourteen (14) East, Gila and Salt River Base andMeridian, said parcel of land being more particularly de-scribed as follows: Beginning at a point which is theintersection of the Survey monument line of East EighthStreet through thie Rincon Heights Addition With theSurvey Monument line of North Campbell avenue, saidplace of beginning being referenced on the ground by aCity Survey Monument, thence along the Survey Monumentline of Campbell Avenue, South No degrees twenty-fiveminutes (0°25') East thirteen hundred and twenty (1320)feet to a point, thence South No Degrees Seventeen Min-utes (0°17') East two hundred fifty-four and 75-100(254.75) feet to a point thence North Eighty-nine DegreesThirty-five Minutes (89°35') East one thousand five hun-dred forty-eight and 85-100 (1548.85) feet to a point, thenceNorth No Degrees twenty-five minutes (0'25') West onethousand five hundred seventy-four and 35-100 (1574.35)feet to a point on the South line of Fairmount Addition,thence along said South line of Fairmount Addition SouthEighty-nine Degrees Thirty-five Minutes (89°35') West onethousand five hundred fifty (1550) feet to the point of be-ginning; the West ninety-nine (99) feet of the NortheastQuarter of the Southeast Quarter (NE 1/4SE1/4), and theWest ninety-nine (99) feet of the Southeast Quarter of theNortheast Quarter (SE1/4NE 1/4), all in Section Eight (8),Township Fourteen (14) South, Range Fourteen (14)East, Gila and Salt River Base and Meridian; the East fourhundred forty-five (445) feet of the Northeast Quarter ofthe Southeast Quarter (NE 1/4,SE 1/4), of Section Six (6)Township Fourteen (14) South, Range Thirteen (13) East,Gila and Salt River Base and Meridian; a certain piece orparcel of land, being a portion of the North Half of theSouth Half (NIASI/9) of Section Six (6), Township Four-teen (14) South, Range Fourteen (14) East, Gila and

TUCSON, ARIZONA 3

Salt River Base and Meridian, and more particularly de-scribed as follows: Beginning at a point where the Eastline of Mountain Avenue intersects the South line of theNorth Half of the South Half (N 1AS 1/2) of said SectionSix (6), running thence North along the East line ofMountain Avenue to an alley, running thence West to theNortheast corner of Lot Eighteen (18), Block Fifteen (15),of University Home Addition, run thence West along theSouth line of the alley running East and West throughBlocks Fifteen (15), Fourteen (14), and Thirteen (13),of University Home Addition and a continuation there-of to the West line of Park Avenue, run thence Southalong the West line of Park Avenue to the South line ofthe North Half of the South Half (N 1/2S 1/2) of said Sec-tion Six (6), run thence East along said South line of saidNorth Half of the South Half (N1/2S1/2) of said SectionSix (6) to the point of beginning; a certain piece or parcelof land, being a part of the Northeast Quarter of theSoutheast Quarter NEI/ISE' 1/4) of Section One (1), Town-ship Fourteen (14) South, Range Thirteen (13) East ;Gila and Salt River Base and Meridian, being more par-ticularly described as follows: Beginning at the inter-section of the South, line of the said Northeast Quarter ofthe Southeast Quarter (NE 1/4,SE 14) of said Section One(1) and the center line of North First Avenue, runningthence North along the center line of said First Avenueto the intersection of said center line with the center lineof Adams Street, running thence West along the center lineof Adams Street to the intersection of said center line withthe center line of North Second Avenue, running thenceSouth along the said center line of North Second Avenueto the said South line of said Northeast Quarter of theSoutheast Quarter (NE 1/4SE 1/4) of said Section One (1),running thence East along said South line of said North-east Quarter of the Southeast Quarter (NE1/4,SEIA,) ofsaid Section One (1) to the point of beginning; all thatportion of the Northwest Quarter (NW1/4) of SectionOne (1), Township Fourteen (14) South, Range Thirteen(13) East, Gila and Salt River Base and Meridian, lyingand situated East of the East line of the Oracle Road andSouth of the South line of Oro Street as located in theBronx Park Addition to the City of Tucson ; a certainpiece or parcel of land, being portions of Sections Eleven(11), Fourteen (14) and Ten (10), Township Fourteen(14) South, Range Thirteen (13) East, Gila and Salt

4 CITY CHARTER

River Base and Meridian, said parcel of land being shownon map number "B-134" on file in the office of the CityEngineer of Tucson, Arizona, and more particularly describ-ed as follows: Beginning at a point in the westerly line ofthe East Half of the East Half (E1/2E 1/2) of said Sec-tion Eleven (11), said point of beginning being seven hun-dred thirty-nine and 74-100 (739.74) feet northerly fromthe section line between said Sections Eleven (11) andFourteen (14) ; thence Westerly along the Easterly prolong-ation of the center line o fthe East and West alley betweenAlameda Street and Franklin street to its intersection withthe North and South quarter section line through said Sec-tion Eleven (11) ; thence North along said quarter sectionline to its intersection with a line six hundred sixty (660)feet northerly from and parallel to the northerly line ofFresno Street ; thence westerly along said parallel line to itsintersection with the westerly line of the East Half of theEast Half (E1/2E 1/2) of said Section ten (10) ; thencesoutherly along said westerly line last above mentioned toits intersection with the westerly prolongation of the centerline of Tucson Avenue; thence easterly along said westerlyprolongation and along the said center line of Tucson Ave-nue to the angle point in the said center line of TucsonAvenue at West Street ;thence southeasterly and souther-ly along the center line of Tucson Avenue to its intersec-tion with the center line of High Street, said center linelast above mentioned being also the section line betweensaid Section Ten (10) and Section Fifteen (15) ; thenceeasterly along said section line to the section corner com-mon to said Sections Ten (10), Elevent (11), Fourteen(14) and Fifteen (15) ; thence southerly along the sectionline between said Sections Fourteen (14) and Fifteen (15)to its intersection with the southerly line of the North Halfof the North Half (N 1/2N 1/2) of said Section Fourteen (14)thence easterly along said southerly line, last above men-tioned, to its intersection with the westerly line of SilverbellAvenue; thence Southeasterly along the said westerly lineof Silverbell Avenue to its intersection with a line one hun-dred eighty-five (185) feet southerly from and parallel tothe southerly line of Cedar Street; thence easterly, alongthe said parallel line last above mentioned to its intersec-tion with a line one hundred twenty (120) feet easterlyfrom and parallel to the southerly prolongation of theeasterly line of Melwood. Avenue; thence northerly alongthe said parallel line last above mentioned to its intersec-tion with a line two hundred fifty (250) feet southerly

TUCSON, ARIZONA 5

from and parallel to the southerly line of West CongressStreet; thence easterly alone: said parallel line last abovementioned to its intersection with the said West line of theEast Half of the East Half (E 1/2E 1/2) of said Section (14)thence northerly along said westerly line last above men-tioned to the point of beginning.

CHAPTER III.Government

The government of said City shall be vested in a Mayorand a Council of six (6) Members, one from each ward.They shall be nominated, elected, and have such powersand duties as are provided by this Charter.

CHAPTER IV.Powers of City

Section L The City shall have power :(1) To have perpetual succession..(2) To have and use a corporate seal and alter it at

pleasure.(3) To sue and be sued in all courts and in all ac-

tions and proceedings whatsoever.(4) To purchase, receive, have, take, hold, lease, use

and enjoy property of every kind and description, bothwithin and without the limits of said City, and control anddispose of the some for the common benefit.

(5) To receive bequests, devises and donations orproperty of every kind, either absolutely or in trust forcharitable or other purposes, and do all acts necessary tocarry out the purpose of such bequests, devises and dona-tions, and to manage, control, sell or otherwise dispose ofsuch property in accordance with the terms of such be-quest, devises or donations.

(6) To acquire by purchase, condemnation or other-wise, and to erect and maintain buildings for municipalpurposes, and to acquire by purchase, lease, condemnation,construction or otherwise, and& establish, own, equip,maintain, conduct, operate, regulate, and control libraries,reading rooms, art galleries, assembly halls, museums,schools, kindergartens, parks, playgrounds, gymnasium,places of recreation, baths, public toilets and comfort sta-tions, markets, market houses, abbatoirs, dairies, municipaltenements, dispensaries, infirmaries, hospitals, charitableinstitutions, jails, houses of correction, and farm schoolswork houses, detention homes, morgues, cemeteries, crema-

G CITY CHARTER

tories, garbage collection, garbage disposal and garbage re-duction works, street cleaning, street paving and sprinklingplants, quarries, rockcrushers, sewer farms, sewage dis-posal plants, and any and all works, buildings, establish-ments, institutions, and places, whether situated within orwithout the city limits, which are necessary or convenientfor the transaction of public business, or for promoting thehealth, morals, education or welfare of the inhabitants ofthe City or for their benefit; to exclude cemeteries fromthe limits of the City or any portion thereof.

(7) To acquire by purchase, condemnation or other-wise, and to establish, maintain, equip, own and operateworks and appliances within and without the City for sup-plying the City and its inhabitants, also persons, firms andcorporations outside the City, including other municipalcorporations, with water, gas, electric light, heat or power,telephone service, telegraphic service, or any works of appli-ances, for the production or distribution of any public util-ity within or without the City.

(8) To acquire by purchase, condemnation or other-wise, and to construct, establish, own, equip, maintain andoperate, electric, steam or other railways or transportationsystems or service, within or without the City, and to sellor lease the same.

(9) To acquire by purchase, condemnation or other-wise, lands, rights of way and property, both real and per-sonal, within or without the City, for street or interurbanor other railways, or other public ways, or other transpor-tation systems, and all necessary equipment and terminalsand terminal facilities therefor, or to control, operate, sellor lease the same.

(10) To provide for the care of the sick and helplessand to make regulations to prevent the spread of diseases.

(11) To establish and change the grade and to layout, open, extend, widen, change, vacate, pave, repave,gravel, surface, resurface and otherwise improve, streets,alleys, sidewalks, crossings, and other highways, and pub-lic squares and places to make provisions for cleaning andsprinkling the same, and to construct therein any worksnecessary or convenient for providing any public service orutility.

(12) To construct and maintain sewers, drains, andall other works for disposition of sewage and storm waters,both within and without the City.

(13) To acquire by purchase, condemnation, construe-

TUCSON, ARIZONA 7

tion, lease or otherwise, land or rights of way, and to con-struct, maintain, equip and operate tunnels and conduitsthrough or under any street, right of way or any publicproperty, for carrying wires, pipes or other means of con-duct for public utilities, or other purposes, and to use, orlease or rent to persons, firms, or corporations, the use ofsuch tunnels and conduits.

(14) To sell within or without the City, water, andany form of heat or power, and all products of, or serviceby, any public utility conducted or operated by the City, andto purchase the same.

(15) To assess property within the City for taxa-tion for any municipal purpose, and to levy and collect taxeson such property, or to provide for such assessments, levyand collection of taxes by officers of the County in whichthe City is situated, or otherwise, and to assess, levy andcollect, or cause to be assessed, levied and collected, assess-ments upon property to pay for the acquisition of lands forparks and playgrounds, and to pay for acquiring, grading,regrading, laying out, opening, widening, extending or im-proving of rights of way, streets, alleys, sidewalks, cross-ings and other highways, and public squares and places,and to pay for the construction of sewers, water, stormwater, gas and other pipes, mains and conduits, and forthe construction in any street or streets or public place orplaces, of any works or means necessary or convenient forproviding therefor any public service or utility; to pay forplanting, maintenance and care of grass, trees and shrub-bery upon property belonging to or under the control of theCity, and for the removal of grass, weeds, or obstructionstherefrom, and for the removal from lands or lots of weeds,rubbish or other material; provided, however, that the taxeslevied for any one year for general municipal purposes shallnot, except as hereinafter provided, exceed one dollar oneach one hundred dollars' worth of taxable property in thesaid City, as shown by the assessment roll. Provided: Thatany law of the State of Arizona, now existing or hereafterpassed, and applicable to the City of Tucson, as to manner,methods or means of assessment, collection and enforcementof taxes or special assessments may be availed of by theCity.

(16) To create indebtedness, not exceeding four percent. (4%) of the assessed value of all the real and person-al property in the said City, subject to assessment for tax-ation for municipal purposes; provided, however, that

8 CITY CHARTER

with the assent of a majority of the property taxpayers,who must also in all respects be qualified electors, votingat an election to be held for that purpose and previous to in-curring such indebtedness, said percentage may be increas-ed; and provided, further, that said percentage may be in-creased but not exceeding fifteen percent. (15%) addition-al, for supplying the City with water, artificial light orsewers when the works for supplying such water, lights orsewers are or shall be owned or controlled by the munici-pality, all as provided in Section Eight (8), Article Nine(9), of the Constitution of the State of Arizona, as nowamended.

(17) To assess, levy and collect taxes exceeding thesaid dollar rate permitted in this Charter, for generalpunicipal purposes; provided, that before such assessmentand levy can be made the proposition to make such assess-ment and levy shall have been first approved by a majorRyof the taxpayers who shall be qualified electors of the City,voting at a general election or at a special election called forthe purpose by the legislative authority of the City ; provid-ed, however, that the said dollar rate limitation on eachhundred dollars valuation shall not apply to the levying andcollecting of taxes for the payment of interest, and provid-ing a sinking fund, upon the bonded indebtedness of theCity.

(18) To license and regulate places of amusement andthe carrying on of any and all professions, trades, callings,occupations and kinds of business carried on within thelimits of said City, and to fix the amount of license taxthereon, to be paid by all persons engaged in carrying onsuch places of amusement and such professions, trades, call-ings, occupations and kinds of business in said City ; and toprovide for the manner of enforcing the payment of suchlicense tax ; and to regulate, restrain, suppress - or prohibithawking and peddling, and the carrying on of any laun-dry, garage, gasoline or other oil or service stations, liveryand sales stable, cattle or horse corral, planing mill, rollingmill, rockerusher, tank or refinery, foundry, brick yard,slaughterhouse, butcher shop, manufactory or manufactur-ing plant, and the keeping of animals, cattle or fowls with-in the limits, or within any designated portion of, said City ;and to prohibit and suppress all games of chance, gamblinghouses, bawdy houses, and all places where intoxicatingliquors are sold or kept, or offered for sale or given away,

TUCSON, ARIZONA 9

and any and all obnoxious, offensive, immoral, indecent ordisreputable places or practices within the said City.

(19) To make, adopt and enforce all necessary rulesand regulations for the prevention of fires, floods and riots,and to make and enforce all such local, police, sanitary andother regulations as are deemed expedient to maintain thepublic peace, protect property, promote the public moralsand welfare, and preserve the health of the inhabitants ofthe City.

(20) To provide for the manner in which and thetimes at which any municipal election shall be held and theresult thereof determined; and for the manner in which andthe times at which, and the terms for which, the membersof all Boards of Election shall be elected or appointed, andfor the constitution, regulation, compensation and govern-ment of such Boards, and of their clerks and attaches ; andfor all expenses incident to the holding of any election, ex-cept as otherwise provided in this Charter.

(21) To make the violation of its ordinances a mis-demeanor, and to prescribe the punishment of such viola-tions, which punishment shall be by fine or imprisonment,or by both fine and imprisonment.

(22) To exercise the right of eminent domain for thepurpose of acquiring real and personal property of everykind, including water, water rights and water works, with-in or without the corporate limits, necessary or convenientfor the use of the said City or its inhabitants.

(23) To join with one or more other public corpora-tions for the purpose of acquisition, construction, owner-ship, operation, control, or use, within or without, or partlywithin and partly without the City, of public utilities, parks,or of works, property or rights, necessary or convenient forthe disposition of garbage, sewage, storm water, or refusematter, upon such terms and conditions and to the extentprovided for by general law or by ordinance, and to incurbonded indebtedness for such purposes ; provided, that theCity shall not so join for any such purpose or purposes with-out the assent of a majority of the qualified electors of theCity voting on the question at a general or special electionat which such question may be submitted.

(24) To acquire by purchase, condemnation or other-wise, such lands or other property or rights within or with-out the City, as may be necessary or convenient for the es-

10 CITY CHARTER

tablishment, maintenance and operation of any public, util-ity, or to provide for and effectuate any other public pur-pose, and to hold, use, improve, operate, control, lease, con-vey, or otherwise dispose of the same for the benefit of theCity.

(25) To lease to persons, firms or corporations forthe purpose of maintenance, operation or use, any publicutility owned or controlled by the City, and to provide forthe leasing of any lands now or hereafter owned by the City,except lands donated, purchased, or used as public parks orplaygrounds; provided, that any such leases shall be madeonly to the highest bidder therefor by ordinance duly adopt-ed, and provided, further, that any and all bids for anysuch lease may be rejected at the discretion of the legisla-tive body of the City ; provided, that no public utility shallbe purchased, leased, acquired, sold or in any manner dis-posed of, without the assent of a majority of the taxpayers,who must be qualified electors of the City, voting on thequestion at a general or special election at which such ques-tion may be submitted.

(26) To acquire, own and control, within or withoutthe City, lands for parks and recreational purposes, and tomaintain or control the same, and to construct and maintainhighways in connection therewith.

(27) To borrow money for any of the purposes forwhich the City is authorized to provide, for the carryingout of any of the powers which the City is authorized toenjoy and exercise, and to issue bonds therefor, subject,however, to the restrictions and limitations in this Charterotherwise provided.

(28) To establish a Civil Service Commission, pre-scribe its duties and powers, and to do all things necessaryto carry into effect and maintain Civil Service rules andregulations in the departments of the City as provided bythis Charter.

(29) The City shall have and may exercise all fur-ther and additional powers necessary or appropriate to amunicipal corporation and the general welfare of its inhabi-tants, or granted by the laws of the State, and which itwould be competent and lawful for this Charter to enumer-ate or set forth specifically, and the specification or enumer-ation herein of any particular powers shall not be deemedto be exclusive. Whenever any power is conferred by thisCharter, and different methods of procedure are providedfor the exercise thereof, or if the power be conferred in dif-

TUCSON, ARIZONA 11

ferent terms, in two or more provisions, such differentmethods or manner of exercising such power or powersshall not the one affect or modify the other, but they shallbe deemed accumulative and selective.

CHAPTER V.

Officers and SalariesSection 1. The elective officers of the City shall be:(1 ) A Mayor ; and(2 ) Six Councilmen.

Section 2. The appointive officers of the City shall be:

(1 ) City Manager;(2 ) City Auditor, who shall be ex-officio Assessor;(3 ) City Treasurer, who shall be ex-officio Tax Col-

lector ;(4 ) City Attorney;(5 ) City Magistrate;(6 ) City Engineer;(7 ) Superintendent of Water Department;(8 ) Superintendent of Streets;(9 ) City Clerk;(10) Chief of Police;(11) Fire Chief;(12) Health Officer and Members Health Board;(13) Members Library Board;(14) Members Park Boad;(15) Members Playground Board;(16) Members Civil Service Commission; and(17) Such other offcers as from time to time may be

provided for by ordinance.

Section 3. The City Manager, hereinafter in this Char-ter designated "Manager," shall be appointed by the Mayorand Council and shall hold office until removed by the voteof two-thirds of said Council voting affirmatively therefor.

Section 4. The City Auditor, City Treasurer, CityClerk, City Attorney and City Magistrate, hereinafter inthis Charter designated "Auditor," "Treasurer," "Clerk,""Attorney" and "Magistrate," respectively, shall be ap-pointed by the Mayor and Council, and shall hold office fora period of two (2) years from the date of their appoint-ment, unless sooner removed by the vote of two-thirds ()of said Council voting affirmatively therefore. The Treas-

12 CITY CHARTER

urer shall not hold office more than two (2) consecutiveterms.

Section 5. The City Health Officer and Members ofthe City Health Board, hereinafter in this Charter design-nated "Health Officer" and "Members of Health Board,"respectively, shall be appointed, hold office and possesssuch powers as provided by the laws of the State of Arizona.

Sec 6. The City Engineer, the City SUperinten-dent of Streets, and the City Superintendent of the WaterDepartment, hereinafter ii this Charter designated "Engi-neer," "Superintendent of Streets" and "Superintendent ofWater Department," respectively, and such other officerswho may from time to time be provided for by ordinance,shall be appointed by the Manager, and shall hold office un-til removed by the Manager.

Section 7. The City Chief of Police and City FireChief, hereinafter in this Charter designated as "Chief ofPolice" and "Fire Chief," respectively, shall be appointed bythe Manager, by and with the consent and approval of theMayor and Council, under the Civil Service regulations pro-vided for by this Charter, and each of said officers shallhold office until removed or reduced in rank for cause by avote of two-thirds ( 24 ) of the Council voting affirmative-ly therefor.

Section 8. The salary of the Mayor shall be one hun-dred ($100.00) dollars per month, payable in semi-monthlyinstallments.

Section 9. Each of the Councilmen shall receive a sal-ary of fifty ($50.00) per month, payable in semi-monthlyinstallments.

Section 10. The salaries of all other City Officers, ex-cept the Engineer, the Superintendent of Streets, the Super-intendent of Water Department, shall be fixed, and may bechanged, increased, or modified, by ordinance of the Mayorand Council as they may deem proper and necessary.

Section 11. The salaries of the Engineer, Superinten-dent of Streets, Superintendent of the Water Department,and such other officers as may from time to time be pro-vided for by ordinance, shall be fixed by the Manager, andmay be changed, increased or modified by the Manager.

Section 12. All clerks and deputies of the City mustbe citizens of the United States, or have declared their in-tention to become citizens of the United States.

Section 13. The Manager shall employ all clerks, depu-ties and employees of the City in the departments of which

TUCSON, ARIZONA 13

he alone, and without the approval of the Mayor and Coun-cil, has power under this Charter to appoint the head orchief; in all other departments of the City the clerks, depu-ties and employees shall be employed by the head or chief ofthe department, subject to the approval of the Mayor andCouncil, all, however, subject to the rules and regulationsof Civil Service where made applicable by this Charter.

CHAPTER VI.

The Mayor

Section 1. The Mayor shall be the chief executive offi-cer of the City, and ex-officio Chairman of the Council, andshall see that the ordinances thereof are enforced.

Section 2. The Mayor, when present, 8.ha1l preside atall meetings of the Council.

Section 3. The Mayor shall annually, and from timeto time, give the Council information relative to the affairsof the City, and recommend for its consideration such mat-ters as he may deem expedient.

Section 4. The Mayor shall be recognized as the offi-cial head of the City by the courts for the purpose of serviceof civil process upon the City and instituting any action orproceedings at law or equity for and in behalf of the City,and appearing in any manner before the courts on behalfof the City; he shall be recognized by the Governor andother State officials as the chief and official head of theCity.

Section 5. The Mayor shall take command of the policeand govern the City by proclamation during times of greatdanger.

CHAPTER VII.

Powers of Mayor and CouncilSection 1. In addition to the powers provided by Chap-

ter IV, of this Charter, the Mayor and Council shall havepower :

(1) To fix the time and place of their meetings; toprovide for the manner of giving notice of special meet-ings; to compel the attendance before them of witnessesand the production of papers in any matter under investi-gation; to judge of the qualifications and election of theirown members; and to punish any member or other City of-ficer by a fine of not exceeding fifty ($50,00) dollars, fordisorderly or contemptuous behavior in their presence.

14 CITY CHARTER

(2) To make and pass all ordinances, resolutions andorders not repugnant to the Constitution of the UnitedStates, or to the Constitution and laws of the State of Ari-zona, or to the provisions of this Charter, necessary formunicipal government and the management of the affairsof the City, for the execution of the powers vested in theCity, and for carrying into effect the provisions of thisCharter.

(3) To levy and collect taxes and assessments forCity purposes on all property within the City which is bylaw taxable for such purposes, subject, however, to Section15 of Chapter IV of this Charter; to pass upon all claimsand demands against, and control any and all expendituresof the City, subject to the provisions of this Charter.

(4) To provide for the lighting of the streets andpublic buildings and places of the City, and to regulate suchlighting.

(5) To cause the removal and placing underground ofall telephone, telegraph, electric light or other wires withinthe City, or within any designated portion thereof, and toregulate and prohibit the placing of poles and the suspend-ing of wires along or across any of the streets, alleys andpublic places of the city.

(6) To regulate, license or prohibit the constructionand use of billboards and signs within the City.

(7) To license and regulate the keeping of animalsand fowls and to prevent the same from running at large,and to authorize the destruction thereof.

(8) To establish pounds and pound districts whichshall be under the supervision of a Poundmaster, and re-strain the running at large of poultry, horses, mules, cat-tle, swine, sheep, and other animals, and to authorize thedestruction or sale of the same.

(9) To establish, license and regulate markets andmarket houses.

(10) To provide for and regulate the inspection bythe Health Officer of meats, poultry, fish, game, bread, but-ter, cheese, lard, eggs, vegetables, flour, meal, milk and oth-er food products offered for sale in the City, and to pro-vide for the taking and summarily destroying of any suchproducts as are unsound, spoiled, adulterated, or unwhole-some, and to regulate and prevent the bringing into theCity, or having or keeping within the City, such unsound,spoiled, adulterated or unwholesome products.

(11) To provide for the inpection and sealing of all

TUCSON, ARIZONA 15

weights and measures used in the City and to enforce thekeeping and use by dealers of proper weights and measuresduly tested and sealed.

(12) To regulate the construction of and the materialsused in all buildings, chimneys, stacks and other structures;and to prevent the erection and maintenance of insecure orunsafe buildings, walls, chimneys, stacks or other struc-tures, and to provide for their summary abatement or de-struction; to prescribe the depth of cellars and basements,the materials used in and the method of construction offoundations and foundation walls, the manner of construc-tion and location of drains and sewers, the materials usedin and the thickness and construction of party walls, parti-tion and outside walls, the thickness and construction ofchimneys, the construction and character of bathrooms,water-closets, privies and vaults, the manner and materialsused in wiring buildings or other structures for the use ofelectricity for lighting, power or other purposes, and themanner and materials used for piping building or otherstructures, for the purpose of supplying same with waterand gas; to prohibit the construction of buildings andstructures which do not conform to such regulations.

This subdivision shall not and nothing in this Chartershall be taken or construed as exempting or withdrawingany public school buildings from regulations made by theMayor and Council pursuant to this and other similar grantsof power, but such buildings and the electrical wiring andPlumbing installations therein shall be subject to any suchregulations equally and to the same extent as other build-ings.

(13) to require the owners and lessees of buildingsor other structures to place upon or in them fire escapesand appliances for protection against fires.

(14) To prevent the construction and to cause the re-moval of dangerous chimneys, fireplaces, hearths, stoves,ovens, boilers, apparatus and machinery used in any build-ing in the City; to regulate the carrying on of manufac-tories liable to cause fire ; to prevent the accumulation ofshavings, rubbish, or any combustible materials in unsafeplaces, and to make provision to guard against fire.

(15) To prescribe fire limits, and determine the char-

acter and height of buildings that may be erected therein,and the nature of the materials to be used in the construc-tion, alteration or repair of such buildings or in the repairor alteration of existing buildings within said fire limits

16 CITY CHARTER

(16) To regulate the entrance to and the exit from alltheaters, lecture rooms, public halls, schools, churches, andpublic buildings of every kind; to prevent the placing ofseats, chairs, benches or other obstructions in the halls,aisles or open places therein; and to provide for properventilation of all such buildings.

(17) To regulate or prohibit the operation of blastsand blasting and the construction and operation of derricks,windlasses and other structures, and apparatus and opera-tions hazardous to life and property, and to regulate theoperation and provide for the inspection of freight and pas-senger elevators, boilers, engines, dynamos and other appa-ratus generating steam, gas or electricity.

(18) To define nuisances, and to prevent, remove andabate the same, and provide that said nuisances may be re-moved or abated at the expense of the party or parties creat-ing, causing, committing or maintaining such nuisances,and to prohibit offensive or unwholesome businesses or es-tablishments within the City.

(19) To regulate lodging, tenement and apartmenthouses and to prevent the overcrowding of the same and torequire the same to be put and kept in proper sanitary con-dition.

(20) To provide for the naming of streets and thenumbering of houses, and to regulate or prohibit the exhibi-tion of banners, flags, placards, or signs across the streets,sidewalks or public places of the City.

(21) To regulate or prohibit the loading or storing ofgunpowder and other combustibles and explosive materialsin the City, and the transportation of the same throughthe streets of the City.

(22) To regulate the speed of railroad trains, en-gines, and cars passing through the City and the speed ofcars of street railway companies using the public streetsof the City; to require railroad companies to station flag-men, place gates or other safety devices or viaducts at allsuch street crossings as it may deem proper ; to regulateand prohibit the crossing of streets by railroads at grade;to require street cars to be provided with fenders or otherappliances for the better protection of the public; to pro-hibit the making up of railroad trains upon any of thestreets, street crossings, or street intersections of the City;to regulate all traffic of persons and vehicles upon any ofthe streets or highways of the City.

(23) To establish stands for public vehicles for hire

TUCSON, ARIZONA 17

and require schedules for service charges to beposted in orupon such public vehicles.

(24) To prohibit the injury to or interference withthe ornamental trees and shrubbery in the streets and pub-lic places of the City, and to prescribe the punishment ofsuch injury and interference.

(25) To grant the right to erect or lay telegraph ortelephone wires; to construct and operate street railroads;to lay gas or water pipes; to erect poles and wires or layconduits for carrying wires for transmitting electric energyfor lighting, heating or power purposes along or upon thepublic streets and highways of the City ; provided, however,that all such rights and franchises shall be granted subjectto all the restrictions and limitations in this Charter con-tained relating to the granting of franchises, and subject toany laws of the State as to the granting of franchises.

(26) To make arrangements for the care, feeding andclothing of all persons imprisoned by municipal authorityor sentenced to imprisonment by the Magistrate's Court,and to provide that all such persons may work upon thestreets, or do other public work, and provide that compen-sation for such work be paid to those dependent on suchpersons.

(27) To restrain or punish vagrants, mendicants, beg-gars and lewd persons, and prevent diseased, maimed, in-jured or unfortunate persons from displaying their infirmi-ties for the purpose of receiving alms, and to prevent andpunish drunkenness, and all obnoxious, offensive, immoral,indecent and disorderly conduct and practices in the City.

(28) To make all regulations which may be necessaryor expedient for the preservation of the health and the sup-pression of disease; to make regulations to prevent the in-troduction of contagious, infectious, or other diseases intothe City ; to make quarantine laws and regulations and toenforce the same within the City; to regulate, control andprevent the entry within the City of persons, baggage, mer-chandise or other property infected with contagious dis-ease.

(29) To provide for the sale of property belongingto the City, which is not needed by or which is not suitedfor the use of the City, or which is held in trust for the Cityor the inhabitants thereof.

(30) To prohibit and punish perpetrators of acts ofcruelty to animals, and to require the places where suchanimals are kept to be maintained in a healthful condition.

18 CITY CHARTER

31) To set apart and dedicate as a boulevard anystreet or streets, or portions of a street or streets in theCity.

(32) To adopt and enforce by ordinance all such meas-ures and to establish all such regulations, in case no expressprovision is in this Charter made, as the Mayor and Coun-cil may from time to time deem expedient or necessary forthe promotion and protection of the health, comfort, safety,life, welfare and property of the inhabitants of the City,the preservation of peace and good order, the promotion ofpublic morals, and the suppression of vice in th eCity.

(33) To pass ordinances and resolutions and to adoptorders upon any subject of municipal control, or to carryinto force and effect any powers of the municipality, subjectto the provisions of this Charter.

(34) To adopt by ordinance at any time any provisionsmade by the General Laws of the State of Arizona, for theassessment, levy and collection, or either of them, of CityTaxes by and through the officers of the County in whichthe City is situated.

(35) To prescribe by ordinance the duties of all offi-cers whose duties are not defined by this Charter ; and mayby ordinance prescribe for any officer's duties in additionto those herein prescribed, when the same are not incon-sistent with the provisions of this Charter, and may fix thehours during which the public office of any City officialshall remain open, if not otherwise provided for ; and, ingeneral, the Mayor and Council shall exercise all of the pow-ers of the City, and shall pass any and all ordinances orresolutions necessary to carry out the provisions of thisCharter.

CHAPTER VIII.

Vacancies

Section 1. During the absence or disability of theMayor, the Vice-Chairman of the Council shall act as May-or pro-tempore. In case of a vacancy in the office of May-or, the Vice-Chairman of the Council shall act as Mayoruntil such vacancy is filled as provided in this Charter.During such absence, disability or vacancy, the powers andduties of the office of Mayor shall devolve upon said Vice-Chairman.

While acting as Mayor pro-tempore during the absenceor disability of the Mayor, or as Acting Mayor during a

TUCSON, ARIZONA 19

vacancy, the Vice-Chairman shall be entitled to vote asMayor only, and both not as Councilman and Mayor.

Section 2. In case of a vacancy in the office of Mayor,the Council shall, within thirty (30) days after such vacancyoccurs, select, from the qualified electors of the City, aMayor who shall serve as the duly qualified Mayor of theCity. Such selection shall be had at any special session cfthe Council called for that purpose, and the selection ofsuch Mayor thereat shall be duly noted in the minutes ofthe Council, and upon qualification such selected Mayorshall continue in office as Mayor until the expiration ofthe term for which the Mayor had been elected or ap-pointed.

Should a tie vote occur in an attempt to selectsome one to fill any vacancy in the office of Mayor orCouncilman, and because thereof there shall be a failure rochoose for a period of five (5) days, the City Magistrateshall cast the deciding vote.

Section 3. If such Council should select one of its ownmembers as Mayor, in case of a vacancy in that office, theoffice of the Councilman so selected Mayor shall thereuponbecome vacant, and shall be filled by the Council selecting aCouncilman from the ward from which said Councilman ap-pointed Mayor had been elected.

Section 4. In filling any vacancy in the office of Coun-cilman, the elector chosen to fill such vacancy shall be se-lected by the Council from the electors of ward from whichthe Councilman whose office has been vacated was elected.

Section 5. A vacancy shall exist in any elective or ap-pointive office, except under the Recall provisions of thisChapter, when an officer fails to qualify within thirty (30)days after commencement of his term, dies, resigns, removesfrom the City, absents himself continuously for thirty (30)days from the duties of his office without the consent of theCouncil, for two (2) consecutive months is incapacitated sothat he is unable to attend to the duties of his office, is con-victed of violating any of the provisions of this Charter, orof a felony, or is judicially declared a lunatic as defined byStatute, or, in the office of Councilman, when a member ofthe Council is selected to fill a vacancy in the office of May-or, as hereinbefore provided.

Section 6. In the event of a vacancy in office, the ap-pointing power or authority shall immediately, or withinsuch time as is expressly provided in this Charter, fill thevacancy, which, in the event the office is for a term, shallbe for the remainder of the term.

20 CITY CHARTER

Section 7. No person holding any civil office of the Cityof Tucson, the County of Pima, the State of Arizona, (ex-cept that of notary public), or of the United States ofAmerica, shall be eligible to the office of Mayor or Coun-cilman, and the acceptance by the Mayor or any member ofthe council of any other civil office of the City of Tucson,the County of Pima, the State of Arizona, (except that ofnotary public), or the United States of America, shall op-erate to vacate the office as Mayor or Councilman.

CHAPTER IX.

LegislationSection 1. The legislative power of the City shall be

vested in the Mayor and Council.Section 2. At ten o'clock a. m. on the first Monday in

May, following a general municipal election at which aMayor is elected, the Mayor and Council shall meet at theusual place for holding meetings of the Mayor and Council,at which time the newly elected Mayor and the newly elect-ed Councilmen shall assume the duties of their office, andthe Mayor and Councilmen shall organize and among otherthings shall select a, Vice-Chairman from their number, toserve for one (1) year from that date. A like meetingshall be held on the first Monday in May in the years whenonly Councilmen are elected, and a Vice-Chairman selectedlikewise. The Mayor and Council shall hold their regularmeetings on the first Monday of each month, and specialmeeting may be called at any time by the Mayor or, in hisabsence or failure to act, by any four (4) members of theCouncil.

Section 3. All meetings of the Mayor and Council shallbe public, and a journal of their proceedings shall be keptby the Clerk under their direction, and the ayes and noesshall be taken and entered in such journal upon the passageof all ordinances and resolutions, and on the final action ofthe Mayor and Council in the granting of franchises, in theauthorization of contracts, in the ordering of work to be doneor supplies or other public improvements ; in all other cases,upon the call of any member.

Section 4. The Mayor and Council shall establish rulesfor their proceedings, and shall act only by resolution orordinance.

Section 5. The Mayor and a majority of the members ofthe Council, or, in the absence or disability of the Mayor,four (4) members of the Council, shall constitute a quorum

TUCSON, ARIZONA 21

to do business, and four (4) affirmative votes of the Mayorand Council, or four (4) affirmative votes of the membersof the Council, shall be necessary to adopt any ordinance,resolution or motion, or pass any measure, unless a greaternumber is specifically required by this Charter. Everyordinance or resolution adopted by the Mayor and Councilmust be signed by the Mayor and attested by the Clerk.

Section 6. Each proposed ordinance or resolution shallbe introduced in written or printed form. The enactingclause of all ordinances adopted by the Mayor and Councilshall be

"BE IT ORDAINED by the Mayor and Council of theCity of Tucson."

Section 7. When an ordinance put upon final passagefails to pass, and a motion is made to reconsider, the voteon such motion shall not be taken within twenty-four (24)hours thereafter.

Section 8. All ordinances, resolutions or franchisesshall be signed by the Mayor and attested by the Clerk, andtranscribed in the proper books therefor, but no ordinance,resolution or franchise shall take effect and become operativeuntil thirty (30) days after its passage, except measuresnecessary for the immediate preservation of the peace,health or safety of the City ; but no such emergency meas-ure shall become immediately operative unless it shall state,in a separate section, the reasons why it is necessary thatit should become immediately operative, and be approvedby the affirmative vote of five-sixths (5-6) of the Council,taken by ayes and noes; provided, further, that all ordi-nances and resolutions having the effect of ordinances or re-quired to be published, except emergency ordinances andresolutions, shall be published at least three (3) consecutivetimes in the official newspaper of the City, and a copythereof posted on a bulletin board in front of the City Hall,before they become effective and operative.

Section 9. Ordinances shall not be revised, reenacted oramended by reference to title only, but the ordinance to berevised or reenacted, or the section or sections thereof to beamended, or the new section or sections to be added thereto,shall be set forth and adopted in the method provided inthis Chapter for the adoption of ordinances.

Section 10. All ordinances adopted under this Charter,except emergency ordinances, shall be published forthwithin the usual manner three (3) consecutive times in theofficial newspaper, and no ordinance shall take effect untilthirty (30) days after its passage.

22 CITY CHARTER

Section 11. No ordinance or section thereof shall be re-pealed or suspended except by ordinance adopted in themanner provided in this Chapter.

Section 12. Any citizen of the City may have access tothe minutes, upon application to the Clerk.

Section 13. Any citizen of the City may appear beforethe Mayor and Council at any regular meeting, and presenta written petition; such petition shall be acted upon by theMayor and Council in the regular course of business, withinfifteen (15) days.

Section 14. No member shall be excused from votingexcept upon matters involving the consideration of his ownofficial conduct. In all other cases a failure to vote shall beentered on the minutes as an affirmative vote.

Section 15. Wherever, by any provision of this Char-ter, it is prescribed that any power, duty or procedure shallor may be exercised, performed or adopted in the mannerestablished by any law of the State of Arizona, and therebe no procedure established by State law therefor, then theMayor and Council shall by ordinance prescribe the pro-cedure.

CHAPTER X.

Powers and Duties of Officers Other Than Mayor andMembers of the Council

THE MANAGER

Section 1. Subject to the control of the Mayor andCouncil, the Manager shall have the general supervisionand direction of the administrative operation of the Citygovernment ; he shall supervise and direct the official con-duct of all appointive City officers except the 'Auditor, At-torney, Treasurer, Health Officer, Clerk and Magistrate; heshall supervise the performance of all contracts made by anyperson for work done for the City, and in that behalf repre-sent the City except as it may be otherwise provided in thisCharter ; he shall make all purchases of material or suppliesfor the City, subject to the provisions of this Charter, andsee that the same are received as contracted for ; he shallappoint, employ, and discharge, from time to time, as occa-sion requires, all officers, deputies and employees of theCity, who elsewhere in this Charter he is authorized toappoint, employ and discharge ; he shall appoint all officersof the City, the appointment or election of whom is nototherwise provided for in this Charter, and may remove

TUCSON, ARIZONA 23

them when the interests of the City require ; he shall makea written report to the Mayor and Council, at their firstmeeting in each month, of the state of the condition andbusiness affairs of the City, with his recommendations inregard thereto; and he shall, whenever required by theMayor and Council, make a written or verbal report, asmay be indicated by the Mayor and Council, in detail ofany particular matter relating to the affairs of the Citywithin his supervision; he may require written monthlyreports, or may require them oftener, from each of theappointed officers , of the City, of the business and condi-tion of such office, and shall submit the same to the Mayorand Council upon their request therefore. The Managermay direct reports other than the monthly reports hereinprovided for to be made verbally. All written reports shallbe safely kept by the proper officers, as a part of therecords of the City, and to be open to the inspection of theelectors of the City during office hours.

It shall be his duty, as well as that of the Mayor, to seethat all of the ordinances of the City are enforced.

Auditor and Ex-Officio City AssessorSection 2. The Auditor shall have had, prior to his

appointment, at least five (5) years actual experience as apractical accountant, and shall be not less than thirty (30)years of age. He shall number and keep a record of all de-mands against the City, approved by him, showing the dateof approval, amount, and name of original and present hold-er, on what account allowed and out of what fund payable,and by what officer or board it has been previously ap-proved, if any. He shall always be acquainted with the ex-act condition of the City treasury. He shall, on the appli-cation of any person indebted to the City, or any officer orperson owing money into the treasury, or desiring to paymoney therein, certify to the Treasurer the amount thereoi,to what fund applicable, and by whom paid. He shall ap-portion among the several funds all public moneys at anytime in the City treasury not otherwise, by law or ordi-nance, specifically apportioned and appropriated, and forth-with notify the Treasurer of such apportionment. He shallcountersign all licenses or permits issued by any City offi-cer or board, whereon money is to be paid to such officer orboard for the use of the City, and shall charge such officerwith the proper amount. No such license or permit shallbe valid unless countersigned by him. He shall, at the regu-lar meeting of the Council every month, and oftener, if re-

24 CITY CHARTER

quired, report to the Mayor and Council the condition ofeach fund in the treasury, from actual personal examina-tion made by him. He shall keep a complete set of booksfor the City, in which shall be set forth, in a plain and busi-nesslike manner, every transaction of the City, so that hecan tell any time the exact condition of the City's finances,and he shall prescribe the form of books and accounts to bekept by each and all of the officers of the City. He shallmake an annual report to the Mayor and Council, showingthe sources from which the City's revenue was derived, andhow expended. He shall approve and sign all warrants anddemands upon the City treasurer, except as otherwise inthis Charter provided. He shall keep, publicly posted in hisoffice, a list of all persons receiving salaries or wages fromthe City, with the amount, or monthly salary or wages, re-ceived by each set opposite his name, which list shall be re-vised and corrected by him monthly. He and his deputy ordeputies shall have authority to take affidavits and admin-ister oaths necessary to the transaction of the City busi-ness. He shall do and perform such other duties as are orshall be required of him by this Charter, or by ordinance, orby the laws of the State.

Subject to the provisions of this Charter, the Auditorshall perform all the duties prescribed in this Charter or bylaw, for assessing property in the City for purposes of tax-ation.

CITY TREASURER AND EX-OFFICIO TAXCOLLECTOR

Section 3. The Treasurer shall receive and keep allmoneys that shall come to the City, from taxation or other-wise, and pay the same out on demand, properly auditedand warrant issued, in the manner provided for in thisCharter, and after approval by the Mayor and Council.Without such auditing and approval, he shall disburse nopublic nib/ley whatever. He shall keep an accurate accountof all his receipts and disbursements under such rules andregulations as may be prescribed by the Auditor; he shallmake a monthly statement to the Mayor and Council andt othe Auditor, of all his receipts and disbursements duringthe preceding month, in duplicate, and shall do all things re-quired of him by this Charter and by the ordinances of saidCity. He shall not, under any circumstances, deposit withany bank except such banks as may be designated by thelAlayor and Council. He shall, as Tax Collector, receive and

TUCSON, ARIZONA 25

collect all moneys due on account of City taxes, general andspecial license taxes, and he shall prepare and sign, uponcountersigning by the Auditor, all City license certificates,and he shall keep proper books, showing all moneys collect-ed by him as Tax and License Collector, and also a bookwhich shall contain a record of every deed given by or onbehalf of the City, for real estate sold for delinquent taxesor assessments, which book shall be properly indexed andbe open to public inspection. He shall pay all money col-lected by him as Tax and License Collector into the Citytreasury daily.

He shall, at any time when requested by the Auditor,show and display to him all moneys, deposits, and securitiesof the City in his charge or possession, and any and all hisrecords and books of account.

He shall keep a public office, to be provided by the May-or and Council, and shall perform such other duties as areor shall be required of him by this Charter or by ordi-nances, or by the laws of the State.

CITY ATTORNEY

Section 4. The Attorney shall have been duly admit-ted to the practice of his profession in the Supreme Courtof the State of Arizona, and shall have been actually engag-ed in the practice of his profession for a period of at leastfive (5) years. He shall prosecute, in behalf of the City,all criminal cases arising from violations of the provisionsof this Charter and the ordinances of the City. He shall at-tend to all suits and proceedings in which the City may belegally interested; provided, however, that the Mayor andCouncil shall have control of all litigation of the City, andmay employ other attorneys to take charge of or assist inany litigation. He shall be in attendance at meetings ofthe Mayor and Council when required by the Mayor andCouncil, and shall give his advice or opinion in writing,whenever requested so to do by the Mayor and Council, orany officer of the City. He shall approve the form of allbonds given to, and all contracts made by, the City, endorse-ing his approval thereon in writing. He shall, whenever re-quired by the Mayor and Council, or any member thereof,draft any and all proposed ordinances for the City, andamendments thereto, and shall advise and consult with theMayor and Council whenever requested, and shall do andperform all such things touching his office as the Mayor

26 CITY CHARTER

and Council may from time to time require. On vacatingthe office, he shall surrender all books, papers, files anddocuments pertaining to the City business to his successor.He shall perform such other and further duties as may beat any time required of him by ordinance or by the lawsof the State.

CITY ENGINEER

Section 5. The Engineer shall have not less than five(5) years' practical experience as a civil engineer. Heshall perform all the engineering and surveying required inthe carrying on of public works and improvements doneunder the authority of the Mayor and Council. All maps,plats, profiles, field notes, estimates and other memorandaof surveys and other professional work made or done for orunder his direction or control during his term of office shallbe and continue to be the property of the City. He shallbe custodian of and responsible for all maps, plats, profiles,field notes and other records and memoranda belonging tothe City, pertaining to his office and the work thereof, all ofwhich he shall keep in proper order and condition, withfull and complete indexes thereto. He shall have the decision,subject, however, to any ordinances that the Mayor andCouncil may enact, as to the proper locality and height oftelegraph, telephone, electric light and other poles, as wellas the proper alignment and height above the ground oftelegraph, telephone, electric light and other wires, the depthbelow the surface and alignment of all water, gas, sewer andother pipes and conduits, the grade and proper alignment ofall streets and street railway tracks. He shall perform suchother and further duties as are or may be required of himby this Charter, by ordinance, or the laws of the State.

SUPERINTENDENT OF STREETS

Section G. It shall be the duty of Superintendent aStreets to see that all laws, ordinances, orders and regula-tions relative to the public streets and highways are fullycarried into execution, and the penalties for a breach there-of are rigidly enforced. He shall superintend and direct thesweeping, cleaning and sprinkling of the street, and thecleaning and flushing of all sewers, and shall keephimself informed of the condition of all public streetsand highways. He shall have the general care of, and

TUCSON, ARIZONA 27

frequently inspect, the streets and highways of the City.He shall receive and investigate all complaints as to theircondition, and shall have charge of the enforcement of allordinances and laws pertaining to street obstruction. Heshall frequeintly Inspect all public works, pertaining tostreet improvement, while same are in course of construc-tion; inspect all work and material used in such construc-tion, and reject all material or work not in conformity withgood engineering or the contract, and shall at once report tothe Manager all deviations from contracts and the use ofimproper material and bad workmanship in such construc-tion, and deliver to the Clerk a duplicate of such report forthe use and benefit of the Mayor and Council. Subject tothe authority of the Mayor and Council, and control of theManager, he shall be in charge of and have the care andsupervision of all City Parks. He shall perform such otherduties as are or shall be required of him by this Charter, orby ordinance, or by the laws of the State.

POLICE DEPARTMENT AND CHIEF OF POLICE

Section 7. There shall be maintained a Police Depart-ment, the members of which shall be qualified and appoint-ed under Civil Service rules and regulations.

There shall be appointed a Chief of Police from the listof successful applicants certified by the Civil Service Com-mission. Such Chief of Police shall keep a public office, tobe provided by the Mayor and Council, which office shall beopen day and night. The chief of Police shall devote hisentire time to the discharge of the duties of his office, andshall have full control of the police force of the City.

In addition to the Chief of Police, the Mayor and Coun-cil, in the organization of the Police Department, shall pro-vide for a permanent police force, which shall consist of suchnumber of policemen as the Mayor and Council shall, fromtime to time, deem necessary to preserve the peace, protectthe lives and property of the citizens, and enforce the lawsand ordinances within the City.

The Chief and members of the Police Department shallhave power to make arrests for violations of the ordinancesof the City, and shall have the same power and authorityto make arrests, and to serve processes, within the City,other than civil processes issued from the Superior or Jus-

28 CITY CHARTER

tice of Peace Courts, as is or may be vested in sheriffs orother peace officers by the laws of the State. They shallhave such other powers and duties as the Mayor and Councilmay, by ordinance, provide.

SUPERINTENDENT OF THE WATER DEPARTMENT

Section 8. The Superintendent of the Water Depart-ment shall have such powers and perform such duties asthe Mayor and Council shall by ordinance provide, but sub-ject, however, to the control and supervision of the Man-ager.

FIRE DEPARTMENT AND FIRE CHIEF

Section 9. There shall be maintained a Fire Depart-ment, the members of which shall be qualified and appoint-ed under Civil Service rules and regulations.

There shall be appointed a Fire Chief from the list ofsuccessful applicants certified by the Civil Service Commis-sion. The Fire Chief shall devote his entire time to the dis-charge of the duties of his office, and shall have control ofthe officers and men employed in the Fire Department.The Fire Chief shall see that all rules of the Civil ServiceCommission relating to the Fire Department are en-forced, and shall be charged with the special duty of super-intending the extinguishment of fires, and seeing that allproperty imperiled thereby is protected and guarded. Heshall have such other and further powers and duties as theMayor and Council may, by ordinance, provide.

CITY CLERKSection 10. The Clerk shall have the custody and be

responsible for the corporate seal of the City, all books,papers, records and archives belonging to the City, not inactual use by other officers, or elsewhere by special pro-visions committed to other custody. He shall be present ateach meeting of the Mayor and Council, and keep a recordof its proceedings. He shall keep separate books in which.respectively, he shall record all ordinances, resolutions, con-tracts and official bonds. He shall keep all the books prop-erly indexed, and open to public inspection, when not in ac-tual use. He shall have power to take affidavits and ad-minister oaths in all matters relating to the business of theCity, and shall make no charge therefor. He shall devotehis entire time to the duties of his office. He shall be thecustodian of the City Hall and all personal property, the

TUCSON, ARIZONA 29

custody of which has not been otherwise provided for inthis Charter. He shall have such other powers and per-form such other duties as are or shall be provided by thelaws of the State, or by ordinance of the Mayor and Coun-cil.

C4APTER XI.

City Board of Health

The City FIealth Officer, together with the members ofthe Board of Health, shall be appointed as provided by thelaws of the State of Arizona.

Such Health Officer shall devote his full time to theduties of his office, and shall have charge of all matters af-fecting the health of the inhabitants of the City, the controlof infectious and contagious diseases, the inspection ofmeats and all other foods, water, milk, and other beverages,and the regulation of the preparation, sale and consumptionthereof; the inspection and regulation of sanitary condi-tions throughout the city, and the performance of suehother functions as shall be prescribed from time to time byresolution or ordinance of the Mayor and Council, and thelaws of the State off Arizona, concerning public health, asnow existing or hereinafter enacted.

CHAPTER XII.

City Court

Section 1. There shall be and is hereby established inthe City Municipal Court, to be known and designated "THECITY COURT OF THE CITY OF TUCSON, PIMA COUN-TY, STATE OF ARIZONA," which Court shall always beopened, except on non-juridical days, and on such non-juri-dical days it may transact such business within its jurisdic-tion as is authorized by general law to be transacted byCourts of Justice of the Peace, relative to business withintheir jurisdiction.

Section 2. Said Court shall, within the territoriallimits of said City, have and exercise jurisdiction as follows:

It shall have and exercise exclusive original jurisdic-tion of all proceedings of a criminal nature for the violationof any ordinance of said City, and of every action of a civilnature for the enforcement of a penalty, or the recov-ery of a penalty or forfeiture imposed by any ordinanceof said City for violation thereof, or for neglect to per-

30 CITY CHARTER

form any duty by any ordinance imposed, and of everyaction for the collection of any license, fine, or penalty duefrom any person to said City, and required to be paid, orwhich is due and collectable under the ordinance of saidCity.

Section 3. There shall be at least one (1) City Magis-trate appointed by the Mayor and Council, who shall beJudge of the City Court. He shall hold office for a term oftwo (2) years, or until his successor is appointed and quali-fied, unless sooner removed from office in the manner pro-vided in this Charter.

Section 4. The Mayor and Council shall provide eachMagistrate with a proper court room, and with all neces-sary stationery, furniture and paraphernalia. The Mayorand Council shall also provide proper necessary clerical forcefor the keeping and maintaining of a proper record of thetransactions of the Magistrate's Court, and of the acts,judgments and orders of the said Magistrate, and the Clerkmay be assigned to that duty. All fines, penalties and feescollected by the Magistrate in the course and performanceof his duties shall be paid to the Treasurer on the first dayof each and every month, and proper receipt taken there-for. The moneys so paid by the Magistrate may, by ordi-nance of the Mayor and Council, be apportioned to any par-.ticular fund, and shall thereafter be used in accordancewith such ordinance.

Section 5. For the proper carrying out of the jurisdic-tion, vested in said Magistrate, he shall be entitled andauthorized to issue and cause to be served, any and all writsand processes, and he shall have full authority to hear anddetermine all matters properly coming before him and coin-ing within his jurisdiction herein specified. The writs andprocesses to be used by said Magistrate shall be similar tothose used by Justices of the Peace in cases of a similar na-ture, and proper record shall be kept of the issuance ofwrits and processes and returns, and of any and all otheractions taken relative thereto, and the actions of the Courtthereon. The Police of the City are hereby authorized anddirected to execute and serve any and all writs and processesissued out of said Magistrate's Court by said Magistrate„and proper return shall be made by such officer, to thesame extent as is required of Constables and Sheriffs inthe service and execution of similar papers.

The Magistrate shall have power to administer oaths

TUCSON, ARIZONA 31

to witnesses, and all oaths necessary or incident to the per-formance of the duties of his office.

Section 6. Said Court shall, in addition, have suchpowers and jurisdiction as is now or may hereafter begranted under the laws of the State for police courts incities incorporated under the general laws of the State.

Section 7. Any person aggrieved at the decision ofthe Magistrate may appeal therefrom to such higher courtas is now or may hereafter be provided for appeals fromJustices' Courts in criminal cases, and in accordance withthe provisions of the laws of Arizona regulating the same.

Section 8. If at any time the Magistrate refuse orfail to perform the duties of his office, or in case of his ab-sence or inability to act, it is hereby made the duty of anyJustice of the Peace within said City to perform the dutiesof said Magistrate, with all the jurisdiction conferred bylaw upon said Magistrate; provided, however, that saidMayor and Council may designate the particular Justicewho shall exercise said jurisdiction, in which case no otherJustice shall possess thesame.

Section 9. The Mayor and Council shall pass allnecessary ordinances to give effect to the provisions ofthis Chapter, not otherwise herein provided.

CHAPTER XIII.

Finance and Taxation

Section 1. The fiscal year of the City shall commenceupon the first day of July of each year.

Section 2. The Mayor and Council shall by ordinanceprovide a system for the assessment, levy' and collection ofall City Taxes, not inconsistent with the provisions of thisCharter.

The City shall have the power to avail itself by ordi-nance of any law of the State of 'Arizona, now or here-after in force, and comply with the requirements thereof,whereby assessments may be made by the assessor ofthe County in which the City is situated, and taxes col-lected by the Tax Collector of said County for and in be-half of the said City, and may avail itself by ordinance of thelaws of the State, now or hereafter in force, and complywith the requirements thereof in regard to the ordering,making and collecting of special assessments upon anyand all property benefited. Other provisions of this Char-ter concerning the assessment, levy and collection of taxes

32 CITY CHARTER

shall be subject to the provisions of any such ordinancewhile the same shall be in force.

Section 3. On or before the first Monday in May ineach year, or on such date in each year as shall be fixed bythe Mayor and Council, the Manager shall prepare a care-ful estimate in writing of the amounts of money, specifyingin detail the objects thereof, required for the business andconduct of the affairs of the City during the next ensuingfiscal year.

Section 4. On or before the first Monday in June ofeach year, or on such date in each year as shall be fixed bythe Mayor and Council, the manager shall submit to theMayor and Council the estimates of each department andhis own personal report and recommendation and estimateas to the probable expenditures of the City for the nextensuing fiscal year, stating the amount in detail required tomeet all expenditures necessary for City purposes, includ-ing interest and sinking funds, and outstanding indebted-ness, if any there be ; also an estimate of the amount of in-come expected from all sources in each department, and theprobable amount required to be raised by taxation to coversuch expenditures, interest and sinking fund.

Section 5. The Mayor and council shall meet annual-ly prior to fixing the tax levy, and make a budget of theestimated amounts required to pay the expenses of conduct-ing the business of the City for the ensuing fiscal year.The budget shall be prepared in such detail as to show theaggregate sum and the items thereof allowed for each andevery purpose, and such budget, together with a notice thatthe Mayor and Council will meet for the purpose of mak-inx tax levies, in accordance with said budget, at the timeand place set out in said notice, shall be published in theofficial newspaper of the City three (3) consecutive timesfollowing the tentative adoption of such budget.

Section 6. The Mayor and Council shall meet oneweek previous to the day on which tax levies are made, andat the time and place designated in such notice, when andwhere any taxpayer who may appear shall be heard infavor of or against any proposed tax levy. When suchhearing shall have been concluded, the Mayor and Coun-cil shall adopt the budget as finally determined upon. Alltaxes shall be levied or voted upon in specific sums and shallnot exceed the sum specified in such published estimate, norexceed in total more than ten per cent. (10%) increase

TUCSON, ARIZONA 33

over the total taxes for the preceding year for generalmunicipal purposes.

Section 7. On the day set for making tax levies, andnot later than the third Tuesday in July, the Mayor andCouncil shall meet and adopt an ordinance levying uponassessed valuation of property within the City, subject tothe provisions of this Charter, a rate of taxation of not toexceed one (MOO) dollar upon each one hundred ($100.00)dollars of the assessed value of all real and personal prop-erty within the City for municipal expenses, sufficient toraise the amounts estimated to be required in the annualbudget, less the amounts estimated to be received fromfines, licenses and other sources of revenue.

Section 8. The Mayor and Council shall have the pow-er to levy and collect taxes in addition to the taxes hereinauthorized to be levied and collected, sufficient to pay theinterest and maintain the sinking fund of the bonded in-debtedness of the City, and to provide for the establish-ment and support of free public libraries, and for adver-tising the advantages of the City.

Section 9. All taxes shall be uniform upon the sameclass of property within the corporate limits, and shall belevied and collected for public purposes only.

Section 10. There shall be exempt from taxâtionFederal, State, County and municipal property ; propertyof educational, charitable and religious associations and In-stitutions not used or held for profit shall be exempted fromtaxation.

Public debts, as evidenced by the bonds of Arizona,its counties, municipalities, or other subdivisions, shall beexempt from taxation. There shall further be exempt fromtaxation the property of widows and others, residents ofthis City, where by the laws of the State such property ismade exempt from State and County taxation.

All property in the City not exempt under the laws ofthe United States, the laws of the State of Arizona, underthe Charter and ordinances of this City, shall be subject totaxation, to be ascertained as provided by ordinance.

No tax shall be levied except in pursuance of this Char-ter, and every ordinance imposing a tax shall state distinctlythe object of the tax, to which object only it shall be applied.

Section 11. The Mayor and Council shall cause theCity's moneys, other than sinking fund, to be deposited inany bank or banks in the City designated by said Mayor andCouncil, upon sufficient security, of the kind and character

34 CITY CHARTER

mentioned in the following section, to assure the safety ofany such deposit or deposits, being given the City there-for by said bank or banks, said security to be approved bythe Mayor and Council.

Said moneys shall at all times be deposited in or witnany such bank at the best obtainable rate of interest perannum on the daily balance of such deposits, to be com-puted monthly.

Section 12. It shall be the duty of the Treasurer, un-der the direction and authority of the Mayor and Council,either, (a) To deposit in banks of this City, as savings ac-counts, or otherwise, any or all moneys belonging to theCity collected or held as sinking funds ; or (b) To investsaid moneys in the purchase of interest-bearing UnitedStates, State, County, School District, or Municipal bonds;but no bond shall be purchased for a higher price than itsmarket value at the time of purchase. All moneys due asinterest upon investments or sinking find deposits shall becollected by the Treasurer and by him accredited to thesinking fund of the City. Any and all securities taken forinvestments or deposits or evidences of deposits shall beheld by the Treasurer under the direction of the Mayor andCouncil, for safe keeping for the benefit of the City.

Section 13. At the end of each fiscal year any and allamount or amounts, balance or balances, remaining unex-pended in any budget, item or items, account or accounts,fund or funds, other than funds for the payment of interestupon or redemption of City bonds, shall no longer be avail-able for expenditure for the purpose or purposes for whichbudgeted, but shall be and become a part of Treasurer'sbalance on hand, and shall be deducted from the amountor amounts required to be raised by taxation for the ensuingyear.

Section 14. The Mayor and Council shall, by properordinance, provide for the safeguarding of moneys, fundsand deposits by counter-signatures on warrants and checks,in such manner as they may deem such action necessary.

Section 15. The Mayor and Council shall annuallyhave made an audit of the books and accounts of the Cityby a competent public accountant, not connected with theadministration of City affairs.

TUCSON, ARIZONA 35

CHAPTER XIV.

Official Bonds

The Mayor and Council shall by proper ordinance pro-vide for the bonding of all officials and employees of theCity whose duties require or result in the handling ofmoneys, funds or securities. Every such bond shall be ex-ecuted to the City by a qualified surety company, as surety,to be approved by the Mayor and Council. All premiumsfor such bonds shall be paid by the City.

CHAPTER XV.

Contracts

Section 1. All contracts shall be drawn under the su-pervision of the Attorney, must be in writing, executed inthe name of the City by the Mayor, except as it may be oth-wise provided, either in this Charter or by law, and must becountersigned by the Clerk, who shall number and regis-ter the same in a book kept for that purpose.

Section 2. Any contract may provide for progressivepayments if, in the ordinance authorizing or ordering thework, permission is given for such a contract. But no pro-gressive payments can be provided for or made at any time,which ,with prior payments, if there have been such, shallexceed in amounts seventy-five (75%) per cent of the valueof the labor done and the materials used up to that time,and no contracts shall provide for or authorize or permit thepayment of more than seventy-five (75%) per cent of thecontract price before the completion of the work done Lin-der said contract and the acceptance thereof by the properofficers, department or board.

Section 3. In the erection, improvement and repair ofall public buildings and works, in all street and sewer work,and in furnishing supplies and materials for the same, orfor any other use by the City, when the expenditure re-quired exceeds the sum of five hundred ($500.00) dollars,the Manager shall advertise for bids for the work contem-plated, and for furnishing such supplies and materials, andask for sealed proposals.

The advertisement for bids shall distinctly and speci-fically state the character of the work contemplated and thekind of supplies and materials required. Such notice shallbe published three (3) times in the official newspaper, andposted on a bulletin board in front of the City Hall for not

36 CITY CHARTER

less than five (5) days. The Manager may, with the con-sent of the Mayor and Council, let the contract to the low-est responsible bidder, may reject any and all bids, and mayre-advertise for bids or provide for the work to be doneunder his direction and supervision, and purchase all sup-plies and materials required. In case he re-advertises, andno bid is received, he may, with the consent of the Mayorand Council, provide for the work to be done under his di-rection and supervision, and purchase such supplies andmaterials as may be required.

Section 4. The Manager shall let annually, not earlierthan May 10th, the contracts for official advertising for theensuing fiscal year. For this purpose he shall submit toeach newspaper published in the City, and post on a bulle-tin board in front of the City Hall, for at least five (5)days, a notice describing the contemplated advertising andasking for sealed proposals. The proposals shall specifythe type and spacing to be used at the rate or rates namedin the bid. The Manager shall let the contracts for suchofficial advertising to the lowest and best bidder publish-ing a newspaper in the English language of general circu-lation in the City ; provided that in his discretion he mayreject any and all bids and proceed to secure new bids inthe manner herein provided.

The newspaper to which the award for such advertis-ing is made shall be known and designated as the officialnewspaper.

Section 5. Eight (8) hours and no more shall con-stitute a lawful day's work for all laborers, workmen, me-chanics or other persons employed by or in behalf of theCity, (except all members of the Fire Department, who shalloperate upon the two-platoon system now in effect), exceptin cases of emergency, when it may be necessary to workmore than eight (8) hours each calendar day for the pro-tection of property or human life; provided, that in all suchcases the laborers, workmen, mechanics or other persons, soemployed in working to exceed eight (8) hours each calen-dar day, shall be paid on the basis of eight (8) hours con-stituting a day's work ; provided, further, that the dailywage to be paid by the City for work done by its employeesshall not be less than three ($3.00) dollars ; provided, fur-ther, that all contracts made by or on behalf of the Citywith any person, association or corporation for the perform-ance of any work or the furnishing of any materials to theCity, shall be deemed and considered as made upon the basis

TUCSON, ARIZONA 37

of eight (8) hours constituting a day's work; and provid-ed, further, that no person not a citizen or a ward of theUnited States, who has not declared his intention to becomea citizen, shall be employed upon or in connection with Cityworks or employment.

Section 6. The City, and every department thereof,shall designate regular days, not more than sixteen (16)days apart, as days fixed for the payment of salary or wagesto the officers, appointees or employees thereof.

Section 7. Any officer of the City, or of any depart-ment thereof, who shall aid or assist, a bidder in securing acontract to furnish labor, materials or supplies at a higherprice than that proposed by any other bidder, or who shallfavor one bidder over another, by giving or withholdinginformation, or who shall wilfully mislead any bidder inregard to the character of the material or supplies calledfor or the conditions under which the proposed work is tobe done, or who shall knowingly accept materials or sup-plies of a quality inferior to those called for by any con-tract, or who shall knowingly certify to a greater amountof labor performed than has been actually performed, or tothe receipt of a greater amount or different kind of ma-terial or supplies than has been actually received, shall bedeemed guilty of a midsemeanor and shall be removed fromoffice.

Section 8. If at any time it shall be found that the per-son to whom a Contract has been awarded has, in present-ing any bid or bids, colluded with any other party or partiesfor the purpose of preventing any other bid being made,then the contract so awarded shall be null and void, andthe Mayor and Council shall advertise for a new contractfor said work, or provide for such public work to be doneby the City under the direction of the Manager.

CHAPTER XVI.

Elections

Section 1. Elections to be held in the City shall beeither primary, general or special.

Primary Elections and Nominations of OfficersSection 2. Primary elections under this Charter, ex-

cept the primary election in the year 1929, shall be heldannually on the first Tuesday in March.

The provisions of the general laws of the State of Ari-zona, relating to and governing primary elections and the

38 CITY CHARTER

nomination of elective officers, whether by primary or certi-ficate of nomination, and being the whole of ChapterTwelve, Title Twelve, of the Revised Statutes of Arizon7CA1913, and each and every provision of said Chapter withall amendments thereto or thereon applicable to a city ofthe population and class of this City, shall apply, and shallgovern the holding of primaries and nominations of electiveofficers. The Mayor and Council shall have power to makeany further and additional provisions relating to primariesand the nominations of officers, not repugnant or contraryto the provisions of said laws of the State, or any amend-ment thereof.

;General Elections

Section 3. On the first Tuesday in April, 1932, andannually on said day thereafter, there shall be held in theCity a general municipal election, at which there shall beelected three Councilmen, who shall serve for a term of twoyears, and until their successors are elected and qualified.On the first Tuesday in April, 1933, at said general elec-tion, and on said day bi-ennially thereafter, there shall alsobe elected a Mayor, who shall serve for the term of twoyears, and until his successor is elected and qualified. Allofficers so elected shall take and subscribe to their oath ofoffice, as hereinafter in this Chapter provided.

Section 4. The terms of the Mayor and Members of theCouncil shall commence at ten o'clock a. m. on the firstMonday in May following their election, and except as oth-erwise herein provided shall be for two years and untiltheir successors are elected and qualified ; provided, how-ever, that the terms of the present elected Mayor and Coun-cilmen shall not be shortened, and the present incumbentsof said offices shall serve their duly elected terms, unless avacancy occur in any of said offices; that the primary andgeneral elections, as now provided to be held, shall be heldin the year 1929, and at