PART I
THE CHARTER1
Art. I. Incorporation, Form of Government, Powers and Boundaries, §§ 1–5
Art. III. City Manager, City Clerk and City Attorney, §§ 1–9
Art. IV. Appointive Boards and Commissions, §§ 1, 2
Art. V. Finance and Taxation, §§ 1–16
Art. VI. Ordinances and Resolutions, §§ 1–12
Art. IX. Initiative, Referendum and Recall, §§ 1, 2
Art. X. Municipal Court, §§ 1–4
Art. XI. Franchises and Public Utilities, §§ 1, 2
Art. XII. General Provisions, §§ 1–8
Framed by the Board of Freeholders elected at the Special Election held March 4, 1957, acting as a Charter Committee, and respectfully submitted to the qualified electors of the City for their adoption and approval for the government of the City of Winslow as a Home Rule City.
STATEMENT RE RATIFICATION AND ADOPTION OF A CHARTER GOVERNMENT BY THE CITY OF WINSLOW
STATE OF ARIZONA )
) ss.
COUNTY OF NAVAJO )
I, C.L. Cesar, the duly elected, qualified and acting Mayor of the City of Winslow, do hereby certify that on the 5th day of February, 1957, a petition demanding an election of a board of fourteen freeholders for the purpose of preparing a proposed City Charter was filed with the Mayor and Common Council of the City of Winslow, that in response to said petition the Mayor and Common Council of said City did call a special election to be held on the 4th day of March, 1957, for the purpose of electing a board of fourteen freeholders to prepare a proposed Charter for said City; that said election was held on said date, and fourteen qualified freeholders were elected at said special election.
That on the 29th day of May, 1957, the said board of freeholders presented and filed a proposed Charter for the City of Winslow in duplicate, one copy thereof with the Mayor of the City of Winslow and one with the County Recorder of Navajo County, in which county said City is situated, and, thereafter, said proposed Charter was published in three consecutive issues of a newspaper of general circulation within said City, which publications appeared May 31, June 7, and June 14, 1957.
That said proposed Charter was submitted to the vote of the qualified electors of the City of Winslow at a special election held on the 8th day of July, 1957, which election was called by the Mayor and Common Council of said City for that purpose; that the qualified electors of the City of Winslow did ratify said Charter by a majority of such voters voting in favor thereof.
Dated at Winslow, Arizona this 19th day of July, 1957.
C. L. Cesar
Mayor of the City of Winslow
Attest:
Florence Armstrong
Clerk of the City of Winslow
CERTIFICATE OF THE MAYOR
STATE OF ARIZONA )
) ss.
COUNTY OF NAVAJO )
I, C.L. Cesar, the duly elected, qualified and acting Mayor of the City of Winslow, do hereby certify that the following is a full, true and correct copy of the Charter of the City of Winslow as ratified by the qualified electors of said city on the 8th day of July, 1957.
Dated at Winslow, Arizona this 19th day of July, 1957.
(Signed) C.L. CESAR
Mayor of the City of Winslow
(SEAL)
Attest:
(Signed) Florence Armstrong
Clerk of the City of Winslow
APPROVAL OF THE GOVERNOR
STATE OF ARIZONA )
) ss.
OFFICE OF THE GOVERNOR )
The following Charter of the City of Winslow is hereby approved this 1st day of August, 1957.
(Signed) Ernest W. McFarland
Ernest W. McFarland, Governor of the State of Arizona No. 3428
FILED AND RECORDED AT THE REQUEST OF: City of Winslow
DATE 8/10/57 AT 9:00 A.M. AND
DULY RECORDED IN VOL. 97 of
Off. Rec. PAGE 14 – 57 Inclusive
RECORDS OF NAVAJO COUNTY, ARIZONA
(S) ELDA R. PROBST RECORDER
Article I. Incorporation, Form of Government, Powers and Boundaries
Sec. 1. Incorporation
The residents of the City of Winslow, within the corporate limits as now established or as hereafter established in the manner provided by law, shall continue to be a municipal body, politic and corporate, in perpetuity, under the name of the “City of Winslow.” (Am’d. of 5-18-10)
Sec. 2. Form of government
The municipal government provided by this Charter shall be known as the Council-Manager government. Pursuant to its provisions and subject only to the limitations imposed by the state constitution and by this Charter, all powers of the City shall be vested in an elective council, hereinafter referred to as “the Council.” The Council shall enact local legislation, adopt budgets, determine policies, and appoint such other officers deemed necessary and proper for the orderly government and administration of the affairs of the City, as prescribed by the constitution and applicable laws, and ordinances hereafter adopted by the City. All powers of the City shall be exercised in the manner prescribed by this Charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinance. (Am’d. of 5-18-10; Am’d. of 5-20-08; Am’d. of 10-16-61)
Sec. 3. Powers of City
The City shall have all the powers granted to municipal corporations and to cities by the constitution and laws of this state and by this Charter, together with all the implied powers necessary to carry into execution all the powers granted. The City may acquire property within or without its corporate limits for any City purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease or condemnation; the City may sell, lease, mortgage, hold, manage, and control such property as its interests may require. Except as prohibited by the constitution of this state or restricted by this Charter, the City shall and may exercise all municipal powers, functions, rights, privileges and immunities of every kind and nature whatsoever; the City may enter into contracts, cooperative and otherwise, with the government of the United States, the State of Arizona, Navajo County, or any other municipal corporation of this state for the construction, maintenance and operation of roads, bridges, highways, parks, sewers, waterworks, public utilities, and buildings (when used for public purposes) when deemed for the best interest of the City. The City shall have the power to provide building, fire, plumbing, electrical, gas and such other codes as may be deemed necessary for promoting the health, safety or general welfare of the City. The enumeration of particular powers by this Charter shall not be deemed to be exclusive. In addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is intended that the City shall have and may exercise all powers which, under the constitution of this state, it would be competent for this Charter specifically to enumerate. (Am’d. of 5-18-10)
Sec. 4. Corporate seal
The City shall have a corporate seal which shall be in the custody of the City Clerk. (Am’d. of 5-18-10)
Sec. 5. Boundaries
The boundaries of the City shall be the boundaries as established and on file in the records of the City Clerk at the time this Charter takes effect, or as such boundaries may be changed, thereafter, in the manner authorized by law. (Am’d. of 5-18-10)
Article II. The Council
Sec. 1. Powers of the Council
All powers of the City shall be vested in the Council. The Council shall be responsible for establishing policy, adopting the annual budget, and taking such action through the City Manager as it deems appropriate to safeguard, protect, enhance, and beautify the City and improve the quality of life therein. The Council shall have no administrative duties. (Am’d. of 5-18-10)
Sec. 2. Number; selection
The Council shall consist of a Mayor and six Council Members elected from the City at large. (Am’d. of 5-18-10)
Sec. 3. Term of Mayor and Council; term limits of Mayor and Council
(a) The term of office of the Mayor shall commence at the first regular meeting of the City Council following the canvass of the general election and shall be for two years or until his/her successor is elected and qualified. The terms of office of Council Members shall be four years or until their successors are elected and qualified.
(b) The Mayor shall not serve more than eight consecutive years. This shall not preclude a person from completing the unexpired remainder of a term of a predecessor. There shall be no limit on the number of non-consecutive terms which may be served. This section shall be effective for the May, 2010, Mayoral election and thereafter.
(c) Council Members shall not serve more than eight consecutive years. This shall not preclude a person from completing the unexpired remainder of a term of a predecessor. There shall be no limit on the number of non-consecutive terms which may be served. This section shall be effective for the May, 2010, Council election and thereafter.
(d) The term limits set out in sections (b) and (c) above shall not include terms served before the May, 2010, election. (Am’d. of 11-5-19; Am’d. of 5-18-10; Am’d. of 5-20-08)
Sec. 4. Qualifications
The Mayor and Council Members shall be qualified electors of the City and shall hold no other public office for which they receive compensation except that of a notary public or member of the National Guard or military reserve; they shall have resided in the City for three years immediately preceding the date of such election or appointment. If the Mayor or a Council Member shall cease to possess any of these qualifications or shall be convicted of a felony or a crime involving moral turpitude, that person’s office shall immediately become vacant. (Am’d. of 5-18-10)
Sec. 5. Duties of Mayor; Council Members; Vice-Mayor
(a) The Mayor shall be the chairperson of the Council and preside over its meetings. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law but shall have no regular administrative duties.
(b) Council Members shall attend meetings and may make and second motions and shall perform all other obligations set out in the Charter or by law. Council Members shall have no regular administrative duties.
(c) The Council shall designate one of its members as Vice-Mayor to serve at the pleasure of the Council and to perform the duties of the Mayor in the Mayor’s absence or disability. (Am’d. of 5-18-10)
Sec. 6. Salaries of Mayor and Council Members
The salary of the Mayor shall be not more than four thousand eight hundred dollars ($4,800.00) annually, and the salary of each Council Member shall be not more than two thousand four hundred dollars ($2,400.00) annually as of December 27, 1983, and payable in monthly installments until changed by ordinance. Salaries shall not be increased during the current terms of the Mayor and the Council Members enacting such ordinance. (Am’d. of 5-18-10)
Sec. 7. Council to be judge of qualifications of its Members
The Council shall be the judge of the election and qualifications of its members, and, for such purpose, shall have power to subpoena witnesses and require the production of records. The decision of the Council in any such case shall be subject to review by the courts. (Am’d. of 5-18-10)
Sec. 8. Induction of Mayor and Council Members into office
At the first regular meeting of the City Council following the canvass of the general election in which the Mayor and a member or members of the Council are elected, the Council shall hold a meeting for the purpose of administering the oath of office to and inducting the newly elected Mayor and Council Members and to organize the Council. At this meeting the Council shall designate one of its Members as Vice-Mayor who shall serve in such capacity at the pleasure of the Council. (Am’d. of 11-5-19; Am’d. of 5-18-10)
Sec. 9. Absence to terminate membership
(a) If any Council Member shall be absent from more than two (2) consecutive regular meetings without the consent of the Council, that member shall thereupon cease to hold office.
(b) If the Mayor shall be absent for more than two (2) consecutive regular meetings without the consent of the Council, the Mayor shall thereupon cease to hold office. (Am’d. of 5-18-10)
Sec. 10. Vacancies in Council and office of Mayor
The Council, by a majority vote of its remaining members, shall, within thirty-one days of a vacancy, fill said vacancy in its own membership and in the office of Mayor for the unexpired term of the vacancy. However, if a vacating Mayor’s or Council Member’s remaining term is two or more years as of the next regularly scheduled Council election, the vacancy shall be filled only until said election, and the remaining term shall be filled by a vote of the duly qualified electors. (Am’d. of 5-18-10)
Sec. 11. Council meetings; open to public
The Council shall meet and conduct its meetings in accordance with the Arizona Open Meeting Law. (Am’d. of 5-18-10)
Sec. 12. Special meetings
The Mayor, or a Council Member with the concurrence of the City Manager, may call a special meeting or an emergency meeting of the City Council by giving notice thereof to all Members of the City Council and the public pursuant to the Arizona Open Meeting Law. (Am’d. of 5-18-10)
Sec. 13. Rules of procedure; minutes
The Council shall determine its own rules and order of business and cause minutes of its meetings to be taken subject to the provisions of the Arizona Open Meeting Law and conduct its meetings in accordance with the Arizona Open Meeting Law. (Am’d. of 5-18-10)
Sec. 14. Quorum; manner of vote
A majority of the Members of the Council shall constitute a quorum. A majority of the quorum present shall be necessary to pass any Council action. The vote on any Council action shall be “yes” or “no” and shall be entered in the minutes of the meeting. At the request of any Member of the Council, a roll call vote shall be taken. (Am’d. of 5-18-10)
Sec. 15. Failure to vote; conflict
No Council Member present at any meeting shall be excused from voting except in matters involving the consideration of that Member’s official conduct or a matter in which that Member would have a conflict pursuant to state law. In all other cases, a failure to vote shall be entered in the minutes as a yes vote. (Am’d. of 5-18-10)
Sec. 16. Consideration of petitions
Any citizen of the City may appear before the Council at any regular Council meeting and present a written petition. Such petition shall be acted upon by the Council in the regular course of business within thirty-one days of its receipt. (Am’d. of 5-18-10)
Sec. 17. Conduct of Council as to powers authorized by Charter when no procedure established by state law
Whenever, by any provisions of this Charter, it is prescribed that any power, duty or procedure shall or may be exercised, performed or adopted in the manner established by any law of this state, and if there be no procedure established by law, then the Council shall ordinance prescribe the procedure by ordinance. (Am’d. of 5-18-10)
Article III. City Manager, City Clerk and City Attorney
Sec. 1. Appointment of City Manager
The Council shall appoint a City Manager who shall be an officer of the City and who shall have the powers and perform the duties provided in this Charter. The Council shall have the discretion to enter into a written employment contract with the City Manager, but in no event shall the initial term of such contract be for a period longer than thirty-six months. No subsequent contract shall be for a period longer than sixty months. (Am’d. of 5-18-10; Am’d. of 5-20-08)
Sec. 2. The City Manager: Qualifications
The City Manager shall be chosen by the Council on the basis of executive and administrative qualifications with special reference to actual experience in or knowledge of accepted practice in respect to the duties of the office as hereinafter set forth. (Am’d. of 5-18-10; Am’d. of 5-20-08)
Sec. 3. City Manager: Powers and Duties
The City Manager shall be the chief administrative officer and head of the administrative branch of the City government and shall be responsible for the proper administration of all affairs of the City. To that end, subject to the provisions of this Charter, the City Manager shall have the authority to and shall be required to:
(a) Devote full-time to the discharge of the official duties of the office and have no outside employment without prior approval of the Council.
(b) See that all ordinances, city code provisions, and directions of the Council are enforced and that the provisions of all franchises, licenses, leases, contracts, permits, and privileges granted by or to the City are observed.
(c) Appoint, promote, remove, and demote for cause, subject to rights of appeal, and in compliance with applicable personnel rules and regulations, all officers and employees of the City except the City Attorney and City Clerk. As to these named officers, the City Manager shall recommend appropriate action to the Council. The City Manager shall also draft the performance evaluations for the above named Charter Officers and recommend said evaluations to the Council for Council consideration.
(d) Prepare the annual budget estimates, submit them to the Council and be responsible for the administration of the budget after adoption.
(e) Keep the Council advised at all times of the affairs and needs of the City and make reports annually, or more frequently, if requested by the Council.
(f) Have such other powers, duties, and functions as this Charter may prescribe or as may be reasonably required to perform the City Manager duties. (Am’d. of 5-18-10; Am’d. of 5-20-08)
Sec. 4. Right of City Manager to attend Council meetings
The City Manager shall have the right to attend all Council meetings and take part in the discussions of all matters coming before the Council except as otherwise provided by the Arizona Open Meeting Law. (Am’d. of 5-18-10; Am’d. of 5-20-08)
Sec. 5. Removal of City Manager
(a) The removal of the City Manager shall require an affirmative vote of not fewer than four members of the Council/Mayor, but no termination may occur during the one hundred and eighty day period following a Council election.
(b) Notwithstanding the provisions of this section, the City Manager shall not be removed from office other than for malfeasance for personal gain or misfeasance in office. In the event of misfeasance, the Council shall give thirty days written notice of the perceived misfeasance with clear direction on how to correct such misfeasance. If said misfeasance is not corrected within said thirty day period, the Manager may be removed from office but only as set out in subsection (a) above.
(c) The City Council shall evaluate the City Manager annually. (Am’d. of 5-18-10; Am’d. of 5-20-08)
Sec. 6. City Clerk
The Council shall appoint an officer of the City who shall have the title of City Clerk. The City Clerk shall give notice of all Council Meetings, keep the journal of the Council’s proceedings, authenticate by his/her signature and record in full in books kept for the purposes all ordinances and resolutions. The City Clerk shall perform such other duties as shall be required by this Charter or by ordinance. The City Clerk will serve at the pleasure of the Council. (Am’d. of 5-18-10; Am’d. of 5-20-08)
Sec. 7. City Attorney
The Council shall appoint a City Attorney who shall be an Attorney-at-Law admitted to the bar of the supreme court of this state. The City Attorney shall be the chief legal advisor of all offices, departments and agencies and of all officers and employees in matters relating to their official powers and duties. The City Attorney shall represent the City in all legal proceedings, unless otherwise directed by the Council. It shall be his/her duty to perform all services incident to his/her position as may be required by statute, by this Charter or by ordinance. The City Attorney will serve at the pleasure of the Council. (Am’d. of 5-18-10; Am’d. of 5-20-08)
Sec. 8. Merit system to be established
The Council shall, by ordinance, provide for the establishment of a merit system for the purpose of regulating and controlling the appointments, promotions, demotions, discharges and reinstatements of all officers and employees of the City except those elected by the people and also except the City Manager, City Clerk, City Attorney, and City Judge. (Am’d. of 5-18-10; Am’d. of 5-20-08)
Sec. 9. Merit basis of appointment
Appointments and promotions in the administrative service of the City shall be made in accordance to merit and fitness to be ascertained, so far as practicable, by previous record and competitive examination. (Am’d. of 5-18-10; Am’d. of 5-20-08)
Article IV. Appointive Boards and Commissions
Sec. 1. Appointive boards and commissions
(a) The Council may, by ordinance, create boards or commissions as in its judgment are required or as are now or hereafter provided by law and may grant to them such power and duties as are consistent with the provisions of this Charter.
(b) The Council shall determine the length of the term, the number of consecutive terms that may be served, and all other matters relating to the members of boards and commissions by ordinance from time to time as deemed appropriate by the Council. (Am’d. of 5-18-10)
Sec. 2. Mayor ex officio member
The Mayor shall be an ex officio member without voting privileges of all boards and commissions. (Am’d. of 5-18-10; Am’d. of 10-16-61)
Article V. Finance and Taxation
Sec. 1. Fiscal year
The fiscal year of the City shall commence on the first day of July of each year. (Am’d. of 5-18-10)
Sec. 2. Council to provide for tax system; use of county services
(a) The Council shall by ordinance provide a system for the assessment, levy and collection of all City taxes not inconsistent with the provisions of this Charter.
(b) The Council shall have power to avail itself by ordinance of any law of this state, now or hereafter in force, and comply with the requirements thereof whereby assessments may be made by the assessor of the county in which the City is situated and taxes collected by the tax collector of said county for and in behalf of the City. Other provisions of this Charter concerning the assessment, levy and collection of taxes shall be subject to the provisions of any such ordinance while the same shall be in force. (Am’d. of 5-18-10)
Sec. 3. Department heads’ budget estimates
On or before the first day of June, the department heads shall prepare and submit to the City Manager a detailed estimate by City departments of the anticipated expenditures and the anticipated receipts from all sources other than ad valorem taxes for the following fiscal year. Such estimates shall include all expenditures necessary for City operation and the interest on and retirement of outstanding indebtedness. (Am’d. of 5-18-10; Am’d. of 10-16-61)
Sec. 4. Preparation of proposed budget and notice of public hearing
On or before the first day of July, the City Manager shall prepare and submit to the Council a proposed budget showing in detail the estimated amounts necessary to cover the costs of operating each department of the City for the ensuing fiscal year, the anticipated receipts from all sources other than ad valorem taxes and the estimated total tax levy necessary for City operation including interest on and retirement of outstanding indebtedness. The City Manager shall have such proposed budget published in the official newspaper of the City once each week for two consecutive weeks together with a notice setting forth the time and place for a public hearing on said budget. (Am’d. of 5-18-10)
Sec. 5. Public hearing and adoption of budget
The Council shall, at the time and place designated in the notice of public hearing, hold a meeting and present the proposed budget to residents and taxpayers attending the meeting. Upon request of any taxpayer, the Council shall explain any item of the proposed budget and any taxpayer may speak for or against the inclusion of any item. After such hearing is concluded, the Council shall adopt the annual budget, but the total expenditures listed in the adopted budget shall not exceed estimated expenditures of the published budget. (Am’d. of 5-18-10)
Sec. 6. Adoption of ordinance fixing tax rates
On the day set for establishing tax rates, but not later than the third Monday in August, the Council shall meet and adopt an ordinance levying upon the assessed valuation of the property within the City, subject to the provisions of this Charter, a rate of taxation upon each one hundred dollars of valuation sufficient to raise the tax levy as shown in the adopted budget. (Am’d. of 5-18-10)
Sec. 7. Additional taxes for special purposes
(a) The Council shall have the power to levy and collect taxes in addition to the taxes herein authorized to be levied and collected sufficient to pay the interest and maintain the sinking fund of the bonded indebtedness of the City, to provide for the establishment and support of free public libraries and to advertise the advantages of the City. An additional amount deemed to be advisable and necessary to create a reserve fund to provide for replacement of equipment, for the furnishing of City services and the maintenance of all municipally owned and operated utilities shall also be set aside. Any funds remaining, not used for operating expenses, may be expended as provided in the City’s adopted budget.
(b) The Council shall have the power to levy a transaction privilege tax (sales tax) subject to approval by a majority of the qualified electors voting in the election. (Am’d. of 5-18-10)
Sec. 8. Taxes to be uniform and for public purposes only; property to be assessed as provided by law
All taxes shall be uniform upon the same class of property within the corporate limits and shall be levied and collected for public purposes only. All property shall be assessed as provided by law. (Am’d. of 5-18-10)
Sec. 9. Tax exempt real property
All real property within the City shall be subject to taxation as provided by ordinance, except property which is exempt from taxes under the laws of the United States, the laws of this state, this Charter and ordinances of this City. (Am’d. of 5-18-10)
Sec. 10. Budget establishes appropriations; method of expenditure
From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named and may be changed only by ordinance. The Council shall, by ordinance, provide for the method of expending the appropriations subject to the limitations of this Charter. (Am’d. of 5-18-10)
Sec. 11. Transfer of appropriations
The Council may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency or between offices, departments or agencies. (Am’d. of 5-18-10; Am’d. of 10-16-61)
Sec. 12. Appropriations lapse at end of year
All appropriations shall lapse at the end of the fiscal year if they have not been expended or lawfully encumbered. (Am’d. of 5-18-10)
Sec. 13. Claims or demands against the City
The Council shall prescribe by ordinance the manner in which claims or demands against the City shall be presented, audited and paid, including the time period in which such claims must be submitted to the City. (Am’d. of 5-18-10)
Sec. 14. Transfer of sums from any funds to interest funds
Whenever there shall not be sufficient monies in any of the interest funds for the bonded indebtedness of the City to pay the interest on such bonded indebtedness when due, the Council shall direct the transfer to such interest funds, the necessary amounts of money to pay the interest on said bonded indebtedness from the general fund or any other fund. The amount so transferred shall be returned to the respective funds from which such transfer was made whenever sufficient monies shall accrue in said bonded indebtedness funds from the regular tax levied therefore. (Am’d. of 5-18-10)
Sec. 15. Independent annual audit
Prior to the end of each fiscal year, the Council shall designate an independent certified public accountant who, as of the end of the fiscal year, shall make an audit of accounts and other evidences of financial transactions of the City government and shall submit the audit report to the Council. The report shall include recommendations concerning policy and fiscal procedures to the Council. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or of any of its officers. The accountant shall, within specifications approved by the Council, post-audit the books and documents kept by the City and any separate or subordinate accounts kept by any office, department or agency of the City. (Am’d. of 5-18-10; Am’d. of 10-16-61)
Sec. 16. Permission to exceed the budget
Nothing in this article shall prevent the Council from seeking permission from the Arizona State Tax Commission to exceed the adopted budget in the event an emergency should arise. (Am’d. of 5-18-10)
Article VI. Ordinances and Resolutions
Sec. 1. Council to act by motion, resolution, or ordinance
The Council shall act by motion, resolution, or ordinance. (Am’d. of 5-18-10; Am’d. of 5-20-08)
Sec. 2. Roll call vote required
A roll call vote shall be taken upon the request of any member of the Council made prior to or following the vote regarding any motion, resolution, or ordinance, and the vote shall be entered upon the journal of the proceedings of the Council. (Am’d. of 5-18-10; Am’d. of 5-20-08)
Sec. 3. When majority vote required
A majority vote of the Council shall be necessary to pass any motion, resolution, or ordinance except as otherwise provided herein. (Am’d. of 5-18-10; Am’d. of 5-20-08)
Sec. 4. Enacting clause
The words: “Be it ordained by the Council of the City of Winslow as follows” shall begin the enacting clauses of all ordinances passed by the Council. (Am’d. of 5-18-10)
Sec. 5. When actions to be taken by ordinance
Actions for the acquisition, sale or lease of real property; for the levying of any tax or assessment; for establishing or changing fire limits; or for the imposing of any penalty shall be taken by ordinance. (Am’d. of 5-18-10; Am’d. of 3-8-76)
Sec. 6. Reading and Passage of Ordinances: effective date
(a) Copies of a proposed ordinance shall be delivered to the Mayor and Council or left at their usual place of residence, consistent with the procedures for all other agenda items.
(b) Copies of titles of a proposed ordinance shall be posted at the City Hall and such other places as the Council may prescribe not less than twenty-four hours before the meeting at which action may be taken thereon. During such period, three copies of the entire ordinance, heretofore mentioned, shall be available for inspection by the public at City Hall during the City’s regular business hours. If the titles are not posted or copies made available as herein set forth, the matter shall not be brought before the Council.
(c) Upon a duly adopted motion, a full reading of a proposed ordinance shall be ordered. Otherwise, an ordinance shall be read and considered by number and title only. The measure may be passed and adopted at any time after a full reading or a reading by title only.
(d) In the event that an amendment of substantive nature is made during the consideration of any ordinance, such ordinance containing such amendment shall not be adopted without following the provision set forth in subparagraph (c) above and not sooner than the next Council meeting. For the purpose of this subsection, the term “amendment of substantive nature” means an amendment which, either by addition, alteration, or deletion, alters the sense, meaning or effect of the proposed ordinance but shall not be deemed to include the changing of capitalization, changes for the purpose of uniformity, or the correction of clerical or typographical errors.
(e) Ordinances shall become effective thirty days after passage by the Council except for emergency measures which shall become effective upon their passage and adoption when such is necessary for the preservation of the peace, health, safety or general welfare of the City or its citizens. An affirmative vote of six members of the Council shall be required to pass an emergency measure.
(f) Ordinances need not be published unless required by law or directed by the Council. Nevertheless, the City shall take reasonable action to advise citizens prior to the passage of a new ordinance and provide to the public a brief summary of the content thereof. (Am’d. of 5-18-10; Am’d. of 5-20-08)
Sec. 7. Signing of ordinances and resolutions
All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk. (Am’d. of 5-18-10)
Sec. 8. How ordinances are to be revised, amended or repealed
Ordinances shall be revised, amended or repealed in the same way as provided in this Charter for the adoption of ordinances. (Am’d. of 5-18-10)
Sec. 9. How ordinances are to be repealed or suspended
No ordinance or section thereof shall be repealed or suspended except by ordinance adopted in the manner provided in this Charter. (Am’d. of 5-18-10)
Sec. 10. How ordinances and resolutions are to be filed, recorded and certified; ordinances and resolutions as evidence
All ordinances and resolutions shall be filed and safely kept by the City Clerk and duly recorded by the Clerk in books kept for that purpose marked “City Ordinances” and “City Resolutions” respectively and in other media as may be approved by the Council. Copies thereof certified by the City Clerk, or originals thereof, shall be prima facie evidence of the contents of such ordinances or resolutions and the due passage and publication of the same. These shall be admissible in evidence in any court of law or in any proceeding where the content of such ordinance or resolution is in question. (Am’d. of 5-18-10)
Sec. 11. Recording of certain ordinances
Annexation ordinances and all ordinances extending or changing the boundaries of the City, zoning territory or establishing or vacating of streets, alleys or subdivisions, after adoption shall be recorded in the office of the County Recorder. After being so recorded, the same shall constitute public notice to all parties of the legal import thereof. (Am’d. of 5-18-10)
Sec. 12. Codification of ordinances
All ordinances of the City which have been enacted and published in the manner required at the time of their adoption and which have not been repealed may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code; such code may be adopted by reference with the same effect as an ordinance by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances. Not fewer than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to the adoption thereof. Amendments to the code shall be enacted in the same manner as ordinances. (Am’d. of 5-18-10)
Article VII. CONTRACTS
Sec. 1. Preparation
All contracts shall be drawn under the supervision of the City Attorney; the contracts must be in writing and executed by the Mayor or designee in the name of the City except as it may be otherwise provided either by this Charter or by law. All contracts must be attested to by the City Clerk who shall number and register the same in a book kept for that purpose. Each such contract shall be approved as to form by the City Attorney. (Am’d. of 5-18-10)
Sec. 2. Purchases and contracts
The Council shall contract for any purchase or issue purchase authorizations for all supplies, materials, equipment and services for the offices, departments and agencies of the City in accordance with the rules, regulations, City code provisions, and ordinances that the Council may adopt from time to time. (Am’d. of 5-18-10; Am’d. of 5-20-08; Am’d. of 3-31-80; Am’d. of 3-8-76; Am’d. of 10-16-61)
Sec. 3. Bids
The advertisement for bids shall distinctly and specifically state the character of the City improvement or purchase proposed. Such notice shall be published at least three times in the official newspaper prior to the opening of bids. Bidding shall be by sealed proposals only and under such regulations as may be prescribed by the Council. The Council shall have the power to reject any or all bids and advertise for bids again. (Am’d. of 5-18-10; Am’d. of 10-16-61)
Sec. 4. Transfer and sale of property
The Council may sell or transfer to or between offices, departments and agencies surplus or obsolete supplies, materials, and equipment subject to such regulations as the Council may prescribe. (Am’d. of 5-18-10; Am’d. of 10-16-61)
Sec. 5. Contracts for official advertising
(a) The Council may let contracts annually for official advertising for the ensuing fiscal year. For this purpose the Council may submit to each newspaper of general circulation in the City a notice describing the contemplated advertising and asking for sealed proposals. The proposals shall specify the type and spacing to be used at the rate or rates named in the bid. The Council may let the contracts for such official advertising to the lowest and best bidder publishing a newspaper of general circulation in the City provided that, in its discretion, the Council may reject any and all bids and proceed to secure new bids in the manner provided herein.
(b) The newspaper to which the award for such advertising is made shall be known and designated as the official newspaper of the City. (Am’d. of 5-18-10; Am’d. of 10-16-61)
Sec. 6. Fraud and collusion
(a) Any member of the Council or any officer or employee of the City who shall aid or assist a bidder in securing a contract to furnish labor, material, equipment, supplies or services at a higher price than that proposed by any other bidder, or who shall favor one bidder over another by giving or withholding information, or who shall attempt to improperly influence the City Manager or other officers of the City regarding recommendations for bid awards, or who shall willfully mislead any bidder in regard to the character of the labor, material, equipment, supplies or services called for or the conditions under which the proposed work is to be done, or who shall knowingly certify to a greater amount of labor or service performed than actually has been performed, or to receipt of a greater amount or different kind of material, supplies or equipment than actually has been received, shall be guilty of at least a class I misdemeanor and punishable as set forth by state law and shall be removed from office.
(b) The prohibitions set out herein also apply to requests for proposals, requests for qualifications, and contracts for professional services even though a formal bid process may not be required. (Am’d. of 5-18-10)
Sec. 7. Avoidance of contracts made through fraud or collusion
If at any time it shall be found that the person to whom a contract has been awarded has, in presenting any bid or proposal, colluded with any other party or parties for the purpose of preventing any other bid being made, then the contract so awarded shall be voidable in the discretion of the Council, and the Council may advertise for new bids for said City improvements and/or supplies, materials, equipment and services required, or the Council may provide for such public work to be done by the City under the direction of the Council. (Am’d. of 5-18-10; Am’d. of 10-16-61)
Sec. 8. Personal interest
No member of the Council or any officer or employee of the City shall have a direct financial interest in any contract or in the sale to or purchase from the City of any land or rights or interests in any land, material, supplies, equipment or services, unless such interest is fully disclosed in advance of any relevant council action or contract, and on the condition that said Council Member or Mayor so affected shall not deliberate or vote on such action or contract. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the City found guilty thereof shall thereby forfeit that person’s office or position. Any violations of this section, with the knowledge expressed or implied of the person or entity contracting with the City, shall render the contract voidable by the Council provided, however, said prohibition shall not apply where competitive bidding is invoked. No member of the Council who would otherwise be precluded by the provisions hereof shall vote on said award. (Am’d. of 5-18-10; Am’d. of 10-16-61)
Article VIII. Elections
Sec. 1. Permitted types of elections
(a) City elections shall be primary, general or special.
(b) Primary elections shall be held for the purposes of nominating candidates for the general election and for such other purposes as the Council may prescribe.
(c) General elections shall be held for the purpose of electing a Mayor and Council Members of the City and for such other purposes as the Council may prescribe.
(d) All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special elections. (Am’d. of 5-18-10)
Sec. 2. Qualifications of electors; registration
(a) The qualification of electors shall be as prescribed by the constitution and laws of this state. Electors must also be residents of the City for at least twenty-nine days prior to any primary, general or special election held therein.
(b) Registration of voters shall be as provided by state law. (Am’d. of 5-18-10)
Sec. 3. Arrangement of names on the ballot
The names of the candidates for each office shall be arranged on the ballot as provided by law, and nothing on the ballot shall be indicative of the source of the candidacy or of the support of any candidate. (Am’d. of 5-18-10)
Sec. 4. Nomination for primary election
Nominations for primary elections shall be conducted pursuant to state law. (Am’d. of 5-18-10; Am’d. of 3-13-72)
Sec. 5. Primary elections
(a) The primary election shall be held on the date of the primary election of the State of Arizona. The two candidates receiving the highest number of votes at the primary election for each office for which there is a vacancy will be considered nominated for such office, and their names will be printed on the ballot for the general election provided that, if there be any person, who under the provisions of this section, would have been entitled to become a candidate for any office except for the fact that some other candidate received an equal number of votes, then all such persons receiving said equal number of votes shall likewise become candidates for such office.
(b) In the event that no more than two candidates file nominating petitions for each vacancy in office, the primary election may be dispensed with as to that office. (Am’d. of 11-5-19; Am’d. of 5-18-10)
Sec. 6. Time of holding general election
The general election shall be held on the date of the general election of the State of Arizona. (Am’d. of 11-5-19; Am’d. of 5-18-10)
Sec. 7. Candidates receiving most votes to be elected
(a) The candidate for Mayor who shall receive the highest number of votes at the general election shall be declared elected.
(b) The candidates for Council Members, equal in number to the offices to be filled, who shall receive the highest number of votes at the general election shall be declared elected. (Am’d. of 5-18-10)
Sec. 8. Special elections
The Council shall provide for holding special elections which shall be conducted in the same manner as general elections. (Am’d. of 5-18-10)
Sec. 9. Absentee voting
The Council shall provide by ordinance for voting by absent or disabled electors in City elections. (Am’d. of 5-18-10)
Sec. 10. Canvassing returns and declaration of election results
Within the time specified by federal and state law, the Mayor and Council shall canvass returns and declare the results of such election. The City Clerk shall issue a certificate to each successful candidate elected to office at any general election. (Am’d. of 5-18-10)
Sec. 11. Application of state law
The provisions of the laws of this state relating to and governing the nomination of elective officers and the conduct of elections shall govern the nomination of elective officers and the conduct of elections. (Am’d. of 5-18-10)
Article IX. Initiative, Referendum and Recall
Sec. 1. Initiative; referendum; recall
There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of elective officers. The provisions of the constitution and general laws of this state, as the same now exist or hereafter may be amended, governing the initiative and referendum and the recall of elective officers shall apply to such City elections. (Am’d. of 5-18-10)
Sec. 2. Submission of measures to electors
The Mayor and Council may submit to electors, at any election, any ordinance, resolution, or measure that the Mayor and Council or the qualified electors have the authority to enact under this Charter and the constitution and laws of the state. (Am’d. of 5-18-10)
Article X. Municipal Court
Sec. 1. Jurisdiction
The Winslow Municipal Court Judge shall have the jurisdiction to and shall enforce state law and duly adopted City ordinances and shall have the authority to impose the relevant penalties, fines and/or incarceration as provided by City ordinance or state law. (Am’d. of 5-18-10)
Sec. 2. Presiding officer; appointment; term
The presiding officer of the Municipal Court shall be the Municipal Court Judge who shall be appointed by the Council for two year terms and shall be subject to removal for cause. (Am’d. of 5-18-10)
Sec. 3. Service of process
The Chief of Police shall cause every summons issued by the Municipal Court Judge alleging a violation of provisions of the City Charter or ordinance to be served. The Chief of Police shall file a duly executed return of service with the Municipal Court in a timely fashion and shall cause all warrants to be served and arrests made. (Am’d. of 5-18-10)
Sec. 4. Disposition of fines, penalties and fees
The Municipal Court Judge shall keep a record of all fines, penalties and fees collected. The Municipal Court Judge shall transmit all City monies collected, at least once each month, to the designated City Finance Officer. The Municipal Court Judge shall make a detailed monthly report of such fines, penalties and fees to the City Council. (Am’d. of 5-18-10)
Article XI. Franchises and Public Utilities
Sec. 1. Elections for approval of franchises
No franchise shall be granted, extended or renewed by the City without the approval of a majority of the qualified electors residing within its corporate limits voting thereon at a primary, general or special election; the Council shall submit any matter for approval or disapproval to such election at any primary or general election or call a special election for such purpose at any time upon thirty days notice. The Council shall require, before calling any such election, that the estimated expense thereof as determined by the Council, shall be first deposited by the applicant for such franchise with the City Clerk. (Am’d. of 5-18-10)
Sec. 2. Establishment of municipally owned and operated utilities
(a) The City shall have power to own and operate any public utility, to construct and install all facilities that are reasonably needed, and to lease or purchase any existing utility properties used or useful in public service. The City may also furnish service to adjacent and nearby territories which may be conveniently and economically served by the municipally owned and operated utility, subject to the limitations of the provisions of the general laws of this state. The Council may provide by ordinance for the establishment of such utility and provide for its regulation and control and the fixing of rates to be charged. The Council may, by ordinance, provide for the extension, enlargement or improvement of an existing utility and provide reasonable reserves for such purpose.
(b) In furnishing service from municipally owned utilities, no agreements shall be made for service outside the City limits which will return to the City less net revenue than it realizes for the same service within the City. (Am’d. of 5-18-10)
Article XII. General Provisions
Sec. 1. Publicity of records
All records and accounts of the City shall be maintained and disclosed pursuant to the Arizona Public Records Law. (Am’d. of 5-18-10; Am’d. of 10-16-61)
Sec. 2. Official bonds
All elected and appointed officers and such other employees as the Council may by ordinance require shall give bond in such amount and with such surety as may be approved by the Council. The premiums on such bonds shall be paid by the City. (Am’d. of 5-18-10)
Sec. 3. Oath of office
Every officer of the City, whether elected or appointed under the provisions of this Charter, or under any ordinance of the City, shall, before entering upon the duties of the relevant office, sign an oath of office in the form of the official oath required by the state constitution. (Am’d. of 5-18-10)
Sec. 4. Liability insurance
The Council shall procure liability insurance covering the City. The premiums on such insurance shall be paid by the City. (Am’d. of 5-18-10)
Sec. 5. Short title
This Charter, adopted by the people of the City of Winslow, shall be known as the Winslow City Charter or as the Charter of the City of Winslow or by some substantially similar title. (Am’d. of 5-18-10)
Sec. 6. Severability clause
If any section or part of a section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of a section so held invalid may appear except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with the section or part of a section to which such holding shall directly apply. (Am’d. of 5-18-10)
Sec. 7. Violations of Charter and City ordinances; imprisonment of violators
Unless otherwise provided by ordinance, the intentional violation of any provisions of this Charter or any ordinance of the City shall be deemed a class I misdemeanor, punishable as provided by state law, and may be prosecuted by the authorities of the City in the name of the State of Arizona and may also be redressed by civil action at the option of the Council. Any person sentenced to imprisonment for violation of a provision of this Charter or of an ordinance shall be sentenced pursuant to state law. Such violations may also result in felony charges if the state elects to pursue such charges resulting in the imposition of such other penalties as may be appropriate under state law. (Am’d. of 5-18-10)
Sec. 8. Plenary and implied powers of the Council
The Council shall have plenary power to enact and make all proper and necessary ordinances, resolutions and orders to carry out and give effect to the express, as well as the implied powers, granted in this Charter to the end that a complete, harmonious and effective municipal government may be initiated, installed, operated and maintained in the City, and, thereby, protect and safeguard the rights, interests, safety, morality, health and welfare of the City and its residents. (Am’d. of 5-18-10)
Article XIII. Amendments
Sec. 1. Method of amendment
This Charter or any part of any article or section thereof may be amended in the manner provided by law or the constitution of this state. (Am’d. of 5-18-10)
Respectfully submitted,
Ralph B. MacLean, Chairman
R. E. Booth
E. Cecil Allen
Lloyd N. Allen
Claude H. Peterson
Kirby G. Dickson
Geo. T. Stevens
Leo M. Shipley
J. Morris Richards
Ross F. Dover
Virgil L. Queen
Dale O. Nelson
Harper Harman
O. Wade Letts
Committee of Freeholders
Charter amendments made with approval of the voters on the 20th day of May, 2008 and approved by Governor Janet Napolitano on the 2nd day of July, 2008.
Charter amendments made with approval of the voters on the 18th day of May, 2010 and approved by Governor Janice Brewer on the 7th day of July, 2010.
Charter amendments made with approval of the voters on the 5th day of November, 2019 and approved by Governor Douglas A. Ducey on the 13th day of December, 2019.
CHARTER REVIEW COMMITTEE MEMBERS
Sarah Smithson – Chairperson
Peggy Adams
Roy Crain
Eloise Despain
Garrett Hamlin
Marci D. Heavrin
Anita Henling
Susan Lillard
Dan Simmons
Phil Stago, Jr.
Jim Weldon
MAYOR AND CITY COUNCIL MEMBERS
Robin Boyd, Mayor
Peter Cake
Judy Howell
Marsha Jurgens
Harold Soehner
Marshall Losey
Thomas Chacon
Editor’s Note – The charter is set out herein as enacted, except that obvious typographical errors have been corrected. Words appearing in brackets have been added by the editor to clarify ambiguities or for information. Amendments have been inserted in their proper places, cited in parentheses following the amended section, and deleted provisions removed.