Chapter 2.10 MAYOR AND COUNCIL

The elected officers of the town shall be seven council members, one of whom shall be designated as mayor in accordance with TTC 2.10.070. The mayor and council members shall constitute the council. The town has established terms for council members and a class of three and a class of four prior to the adoption of this code. Council members shall be elected for staggered terms in classes of three and four at successive, regular elections and shall hold their office for terms of four years each and until their successors are elected and qualified. [Code 1983 § 2-1-1.]

A.R.S. section 9-231(B).

2.10.020 Corporate powers.

The corporate powers of the town shall be vested in the council and shall be exercised only as directed or authorized by law. All powers of the council shall be exercised by ordinance, resolution, order, or motion. [Code 1983 § 2-1-2.]

A.R.S. section 9-231(A).

2.10.030 Duties of office.

Council members shall assume the duties of office at the regularly scheduled council meeting next following the date of the general election at which, or effective as of the date of which, the council members were elected. [Code 1983 § 2-1-3.]

2.10.040 Vacancies in council.

The council shall fill by appointment for the unexpired term any vacancy that may occur for whatever reason in the council or any other town office. [Code 1983 § 2-1-4.]

A.R.S. section 9-235.

2.10.050 Oath of office.

Immediately prior to assumption of the duties of office, each council member and other officer shall, in public, take and subscribe to the oath of office as set forth in A.R.S. section 38-231. [Code 1983 § 2-1-5.]

A.R.S. section 9-232(B).

2.10.060 Bond.

A. The town shall obtain and deliver to the town clerk a blanket bond conditioned on faithful performance of all the town’s officers payable to the municipality, except the treasurer.

B. The treasurer shall, prior to taking office, execute and file with the clerk an official bond, enforceable against the principal and his sureties, conditioned on the due and faithful performance of his official duties, payable to the state and to and for the use and benefit of the town or any person who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity. A person so injured or aggrieved may bring suit on such bond under procedures identical to those contained in A.R.S. section 38-260. The bond shall be in such sum as shall be provided by resolution. [Code 1983 § 2-1-6.]

A.R.S. section 9-302.

Article II. Mayor

2.10.070 Selection of mayor.

The council members shall at the first regular meeting after an election of council members choose a mayor from among their number. [Code 1983 § 2-2-1.]

A.R.S. section 9-232(C).

2.10.080 Vice mayor.

At the same meeting at which the mayor is selected, the council shall designate one of its members as vice mayor, who shall serve at the pleasure of the council. The vice mayor shall perform the duties of the mayor during his absence or disability. [Code 1983 § 2-2-2.]

A.R.S. section 9-236.

2.10.090 Acting mayor.

In the absence or disability of both the mayor and mayor pro tem, the council may designate another of its members to serve as acting mayor who shall have all the powers, duties and responsibilities of the mayor during such absence or disability. [Code 1983 § 2-2-3.]

A.R.S. section 9-236.

2.10.100 Powers and duties of the mayor.

The powers and duties of the mayor shall include the following:

A. He shall be the chief executive officer of the town.

B. He 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.

C. He shall enforce the provisions of this code and the noncodified ordinances of the town.

D. He shall execute and authenticate by his signature such instruments as the council, or any statutes, ordinances, or this code, shall require.

E. He shall make such recommendations and suggestions to the council as he may consider proper.

F. He shall take command of the police force of the town and govern by proclamation in the event of the threat of or occurrence of acts of riot, rout, or the threat of an occurrence and any natural or other emergency affray sufficient to constitute great danger to the town and its residents.

1. In such areas of the town as shall be designated by the mayor by proclamation under the conditions set forth in this section, and within the area within all or any part of the town so designated by the mayor, a curfew shall be in effect the hours of each day designated in the proclamation, and all persons living or residing within any such designated area shall go immediately to their homes and remain there until the curfew is lifted by order of the mayor, and all other persons not residing within the designated area shall immediately leave.

2. During the imposition of any curfew as set forth in this section, all business establishments in the designated curfew area, having on their premises intoxicating beverages, shall be closed during the state of emergency and until the curfew is lifted.

G. He shall perform such other duties required by state statute and this code as well as those duties required as chief executive officer of the town. [Code 1983 § 2-2-4.]

A.R.S. sections 9-236 and 9-240(B)(13).

2.10.110 Absence of mayor.

The mayor shall not absent himself from the town for a greater period than 15 days without the consent of the council. [Code 1983 § 2-2-5.]

A.R.S. section 9-236.

2.10.120 Failure to sign documents.

If the mayor refuses or fails to sign any ordinance, resolution, contract, warrant, demand, or other document or instrument requiring his signature for five days consecutively, then a majority of the members of the council may, at any regular or special meeting, authorize the mayor pro tem or, in his absence, an acting mayor to sign such ordinance, resolution, contract, warrant, demand, or other document or instrument which when so signed shall have the same force and effect as if signed by the mayor. [Code 1983 § 2-2-6.]

A.R.S. section 9-236.

2.10.130 Compensation.

The compensation of elective officers of the town shall be fixed from time to time by resolution of the council; provided, that the compensation allowed to the mayor and council members shall not exceed that allowed by state statutes. The compensation of appointed officers of the town shall be as fixed from time to time by the council. [Code 1983 § 2-2-7.]

A.R.S. section 9-232.01.

Article III. Council Election

2.10.140 Primary election.

Any candidate who shall receive at the primary election a majority of all the votes cast shall be declared to be elected to the office for which he is a candidate effective as of the date of the general election, and no further election shall be held as to said candidate. [Code 1983 § 2-3-1.]

2.10.150 Nonpolitical ballot.

Nothing on the ballot in any election shall be indicative of the source of the candidacy or the support of any candidate. [Code 1983 § 2-3-2.]

2.10.160 General election nomination.

Candidates to be placed on the ballot at the general election shall be those candidates not elected at the primary election, not exceeding twice the number of vacancies to be filled at the general election, who receive the highest number of votes for the respective offices at the primary election. However, any person who would have been entitled to become a candidate for any office at the general election except for the fact that one or more other persons received an equal number of votes for said office at the primary election, then all such persons receiving an equal number of votes at the primary election shall become candidates for such office in the general election. [Code 1983 § 2-3-3.]

2.10.170 Election to office.

The candidates equal in number to the persons to be elected who receive the highest number of votes shall be declared elected. [Code 1983 § 2-3-4.]

2.10.180 Election date.

A. The date of the primary election shall be the tenth Tuesday before the first Tuesday after the first Monday in November of each even-numbered year.

B. The date of the general election shall be the first Tuesday after the first Monday in November of each even-numbered year.

C. Whenever any such election date falls upon a legal holiday, the election shall be held on the next succeeding business day. [Ord. 2018-01 § 1. Code 1983 § 2-3-5.]

2.10.190 Application of state statutes.

All duties, acts, things or procedures relating to the registration of electors, the conduct of elections, or in any manner relating to elections not herein specifically provided for shall be governed by the applicable laws of the state of Arizona. [Code 1983 § 2-3-6.]

2.10.200 Registration.

In all town elections the official registration lists shall be that prepared by the recorder of Navajo County, Arizona, unless the council, by resolution, requires a registration of the voters of the town. [Code 1983 § 2-3-7.]

Article IV. Council Procedure

2.10.210 Regular meetings.

The council shall hold regular meetings on the first Thursday of each month at 7:00 p.m.; provided, that when the day fixed for any regular meeting of the council falls upon a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday. All regular meetings of the council shall be held at the Taylor Town Hall. These changes shall be effective beginning August 1, 2015. [Ord. 2015-01 § 1; Ord. 2010-05 § 1; Ord. 55, 1999; Ord. 52, 1998; Ord. 42 § 1, 1995; Ord. 25 § 1, 1984. Code 1983 § 2-4-1.]

A.R.S. section 9-233.

2.10.220 Special council meetings.

The mayor, or the clerk upon written request of four members of the council, may convene the council at any time by notifying the members of the council of the date, hour and purpose of such special meeting. The public shall be given at least 24 hours’ notice of any such special meeting by the posting of such notice in at least two public places; except that in the case of an actual emergency, a meeting may be held upon such notice as is appropriate to the circumstances. [Ord. 42 § 1, 1995. Code 1983 § 2-4-2.]

A.R.S. section 9-233.

2.10.230 Meetings to be public.

All proceedings of the council shall be open to the public; provided, that the council may meet in a closed executive session for a discussion of matters allowed by A.R.S. title 38, article 3.1; provided, that no action may be taken therein which is not allowed under A.R.S. title 38, article 3.1. [Code 1983 § 2-4-3.]

A.R.S. sections 38-431 to 38-431.06.

2.10.240 Quorum.

A majority of the council members (those holding office, otherwise majority could resign and the rest could not appoint replacement or act) shall constitute a quorum for transacting business but a lesser number may adjourn from time to time and compel the attendance of absent member. [Code 1983 § 2-4-4.]

A.R.S. section 9-233.

2.10.250 Agenda.

Prior to each council meeting, or on or before a time fixed by the council for preparation and distribution of an agenda, whichever is earlier, the clerk shall collect all written reports, communications, ordinances, resolutions, contracts and other documents to be submitted to the council, and prepare an agenda according to the order of business and shall furnish each council member, the mayor and the attorney with a copy. [Code 1983 § 2-4-5.]

A.R.S. section 9-234.

2.10.260 Order of business.

The business of the council shall be taken up for consideration and disposition in the following order:

A. Call to Order. The mayor shall take the chair precisely at the hour appointed for the meeting and shall immediately call the council to order. In the absence of the mayor, the vice mayor shall call the council to order. In the absence of both the mayor and vice mayor, the clerk shall call the council to order and an acting mayor shall be selected to chair the meeting. Upon the arrival of the mayor or the vice mayor, the vice mayor or the acting mayor shall immediately relinquish the chair upon the conclusion of the business immediately before the council. The mayor shall preserve order and decorum, decide all questions of order and conduct the proceedings of the meeting in accordance with the parliamentary rules contained in Robert’s Rules of Order.

B. Roll Call. Before proceeding with the business of the council, the clerk or his deputy shall call the roll of the members, and the names of those present shall be entered in the minutes. If a quorum is not present, the members present may adjourn pursuant to TCC 2.10.240.

C. Minutes. The clerk or his deputy shall read or present the minutes of the preceding council meeting, which shall be approved if correct. Any errors noted shall be corrected.

D. Petitions. Petitions, remonstrances, communications, and comments or suggestions from citizens present shall be heard by the council. All such remarks shall be addressed to the council as a whole, and not to any member thereof. Such remarks shall be limited to 10 minutes, unless additional time is granted by the council. No person other than the individual speaking shall enter into the discussion without the permission of the presiding officer. No question shall be asked a council member except through the presiding officer.

E. Reports by Officers. Town officials and committees shall present any reports required by the council.

F. Unfinished Business. The council shall consider any business that has been previously considered and which is still unfinished.

G. New Business. The council shall consider any business not theretofore considered, including the introduction of ordinances and resolutions.

H. Claims. The clerk shall present any claims against the city which will then be approved or disapproved by the council.

I. Miscellaneous Business. Prior to adjournment, the council shall, as it deems necessary, consider such business as is not specifically provided for herein.

J. Adjournment. The council may, by a majority vote of those present, adjourn from time to time to a specific date and hour. A motion to adjourn shall always be in order and decided without debate. [Code 1983 § 2-4-6.]

A.R.S. sections 9-234 and 9-236.

2.10.270 Consent calendar.

Any provision of this chapter notwithstanding:

A. When the city clerk determines that any item of business, other than an ordinance or resolution, requiring action by the council is of a routine and uncontroversial nature, the clerk may cause such item to be presented at a meeting of the council as part of a consent calendar.

B. The consent calendar shall be introduced by a motion “To approve the consent calendar” and shall be considered by the council as a single item.

C. There shall be no debate or discussion by any member of the council regarding any item on the consent calendar, beyond asking questions for clarification.

D. All items on the consent calendar which require public hearings shall be open for hearing simultaneously, and the mayor shall announce or direct the city clerk to announce the titles of all items on the consent calendar.

E. On objection by any member of the council to inclusion of any item on the consent calendar, that item shall be removed from the consent calendar forthwith. Such objection may be registered at any time prior to the taking of the vote on the motion to approve the consent calendar. All items removed from the consent calendar shall be considered individually, in the order in which they were objected to, immediately following consideration of the consent calendar.

F. Approval of the motion to approve the consent calendar shall be fully equivalent to approval, adoption or enactment of each motion or other item of business thereon, exactly as if each had been acted upon individually. [Code 1983 § 2-4-7.]

2.10.280 Committees and commissions.

The council may create such committees and commissions, standing or special, as it deems necessary. They shall consist of as many members and shall perform such duties as the council may require and shall exist at the pleasure of the council. [Code 1983 § 2-4-8.]

A.R.S. section 9-239.

2.10.290 Suspension of rules.

Any of the provisions of this article may be temporarily suspended in connection with any matter under consideration by a recorded vote of three-fourths of the members present, except that this section shall not be construed to permit any action that is contrary to state statutes. [Code 1983 § 2-4-9.]

A.R.S. section 9-234.