Arizona republican. [volume], August 23, 1913, Page PAGE TEN, Image 10

About Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930

Image provided by: Arizona State Library, Archives and Public Records; Phoenix, AZ

                
PAGE TEN
THE
'ARIZONA
REPUBLICAN, SATURDAY MORNING, AUGUST 23,
1913
alley lying and being
well as a space two
: outside rails of the
or telephone service supplied by the city, or to the inhabitants
thereof, and t prescribe the quality of the service.
("1 To regulate street railroads, their tracks and cars; to
compel the owners of two (2) or more such street railroads using
or desiring- to use the same street to use the same tracks and
structures appurtenant thereto, laid or installed, or that may be
laid or installed, by either on said street, and to equitably divide
the cost of construction and the cost of maintenance thereof be
tween them.
(52) To require every person, association or corporation own
ing or maintaining ;l street or other railroad on or along any of
the streets, avenues or alleys of the city, to keep in proper re
pair that space of the same between the rails of the track, and a
space two (J) feet in width and outside of the rails of the
track; ami where two ( 2 ) or more tracks are used or maintained
on or along any strict, avenue or alley, to keep in proper repair
that entire space of said street, avenue or
between the outside rails of the tracks, as
(2) feet in width along and outside of th
outside tracks.
(53) To permit the laying down of spurs or side tracks and
running cars thereon for the purpose of connecting warehouses,
manufactories, or other business industries or enterprise with any
line of railroads that may be along, or which hereafter enter into,
or which now enter the city, subject to the regulations and condi
tions prescribed from time to time by the Commission; such
tracks to be used for the transportation of freight only, and not
to be used as a main line or a part thereof; and also for the pur
pose of excavating and filling in a street or avenue, or portion
of a street or avenue, or the adjoining land, for such limited time
as may be- necessary for such purpose, and no longer. Such tracks
must be laid in accordance with the regulations prescribed by the
Commission, and all permits 'granted under the provisions hereof
shall be revocable at the pleasure of the Commission.
(54) To cause the removal or placing under ground of all
telephone, telegraph, electric light or other wires within the city,
or within any designated portion thereof, and to regulate or pro
hibit the placing of poles or other supports and suspending wires
along or across the streets, highways, and public places of the city,
or any of them.
(55) To regulate the size and location of all water pipes, gas
pipes and all other pipes and conduits laid or constructed in the
streets, avenues, alleys and public places, and to require the filing
of charts and maps of such pipes and conduits.
(56) To make all rides and regulations governing elections not
inconsistent with this Charter, and to provide from time to time
the necessary polling places, ballots, and paraphernalia necessary
or convenient for the conducting of such elections, and for the
announcing, declaring anil recording the results thereof; to provide
for the registration of the il'ily qualified electors of the city from
time to time as required by the laws of the State of Arizona, and
in the absence of such laws to require by ordinance such registra
tion as the Commission may deem proper and expedient, and pros
cribe suitable rules and regulations and appoint proper officers to
carry such regulations into effect.
(57) To establish a Civic Art Hoard and to appoint members
thereon, to serve without compensation, with such powers and
duties as may be fixed by the Commission.
. (5S) To establish a Park Hoard, Playground Hoard, Hoard of
Public Charities, and such other Hoards as they deem advisable,
and to appoint members thereon, to serve without compensation,
with such powers and duties as may be fixed by the Commission;
also to establish a Civil Service Hoard and prescribe its duties.
59 To provide a suitable procedure of taking over or other
wise acquiring municipal ownership of public utilities, and to pro
vide the means and manner for paying for the same.
(60 To authorize the expenditure out of the funds of the
city, not otherwise appropriated sums not to exceed in the aggre
gate in any one fiscal year, one thousand (lOii) dollars, for the
purpose of contributing to the entertainment of visitors, in the
celebration of holidays or events, in defraying the expense of the
entertainment of conventions, conferences, or other representative or
delegate assemblies of non-residents of the city held in the city,
and for such like purposes as the Commission may deem proper
and advisable.
(61) To establish and maintain a free employment agency.
(fi2) To provide for the vacation, abandonment and non
user of any irrigating canal. Literal or ditch, or any artificial water
channel within said city, by condemnation, purchase, or by con
tract vith the owners of any such irrigating canal, lateral or ditch,
or artificial water channel, and to assess the cost incident to such
vacation, abandonment and non-user, or such part thereof as may
Vie equitable, to the; owners of property which may be benefited
thereby, and make such assessment a lien on the property of such
owners, and to provide for the enforcement of such lien.
(3) The Commission shall have full power to prescribe by
ordinance or resolution the form of all licenses and permts author
ized to be issued, the conditions upon which they may Vie issued,
the method of issuing the same, and by what officers they shall be
issued, signed and countersigned, and may provide by ordinance
the method of cancellation or revocation of any such license or
permit.
M To enact appropriate legislation and do and perform
any and all other acts and things which may be necessary am?
proper to carry out the general powers of the city or any of the
provisions of this Charter; to exercise any and all powers not in
conflict with the constitution of the State, with this Charter, or
with the ordinances adopted by the people of the city; to do and
perform all acts required by the laws of the State; to exercise and
carry into effect whenever eleemecl necessary or proper, any and
all additional powers vested in the city or the Commission by the
laws of the State.
Section 3. The mayor when present shall preside at all meet
ings of the Commission. The Commission shall elect one of its
number vice-chairman.
Section 4. The Commission shall provide for the time and
place of holding its regular meetings and the manner in which
special meetings may be called.
Section 5. All meetings of the Commission whether regular or
special, shall be open to the public.
Section 6. A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
Section f. The Commission shall establish rules for its proceed
ings. Section S. The Commission shall act only by resolution or or
dinance. Section 9. The ayes and nays shall be- taken upon the passage
of all ordinances and resolutions and entered upon the journal of
the proceedings of the Commission.
Section 1". A majority vote of all the members of the Com
mission shall be necessary to pass any ordinance or resolution hav
ing the effect of an ordinance.
Section H. The enacting clause of all ordinances passed by
the Commission shall be in these words: "He it ordained by the
Commission of the City of Phoenix as follow;;;"
Section 12. Actions providing for any specific improvement,
for the appropriation or expenditure of any public money, except
sums less than one thousand tlOOO) dollars, for the appropria t ion,
acquisition, sale or lease of public property, for the levying of any
tax or assessment, for establishing or changing fire limits, or for
the imposing of any penalty, shall be taken by ordinance; provided,
that such exceptions be observed as may be called for in cases
where the Commission takes action in pursuance of a general law
of the State.
Section 13. When an ordinance put upon final passage fails
to pass, and a motion is made to reconsider, the vote on such mo
tion shall not be taken within twenty-four (24) hours thereafter.
Section 14. All ordinances, resolutions or franchises shall be ap
proved and signed by the mayor and attested by the city clerk
and transcribed in the proper books therefor, but no ordinance, re
solution or franchise shall take effect and become operative until
thirty (30) days after its passage by the Commission and approval
by the mayor, except measures necessary for the immediate pre
servation of the peace, health or safety of the city; but no such
emergency measure shall become immediately operative unless it
shall state in a separate section the reasons why it is necessary
that it should become immediately operative and be approved by
the affirmative vote of three-fourths (3-4) of the members con
stituting the Commission, taken by ayes and nays, and also ap
proved by the mayor; provided, further, that all ordinances and re
solutions having the effect of ordinances or required to lie pub
lished, shall be published at least ten (10) days in the official
newspaper of the city before they b'-come effective and operative.
Section 15. Ordinances shall not be revised, reenacted or
amended by reference to title only, but the ordinance to be revised
or reenacted, or the section or sections thereof to be amended, or
the new section or sections to be added thereto, shall be set forth
and adopted in the method provided in this chapter for the adop
tion of ordinances.
Section 16. No ordinance or section thereof shall be repealed
or suspended except by ordinance adopted in the manner provided
in this chapter.
Section 17. All ordinances and resolutions shall be filed and
safely kept by trie city clerk and duly recorded and certified by
him in books for that purpose marked "City Ordinances," and
"City Resolutions.': respectively; and a record copy thereof certi
fied by the city clerk, or the originals thereof, shall be prima facie
evidence of the contents of such ordinances or resolutions and of
the due passage and publication of the same, and shall be admis
sable in evidence in any court in the State of Arizona, or in any
proceeding where the contents of such ordinances or resolutions,
or any of them, is in question; provided, however, that nothing
herein contained shall be construed to prevent the proof of the pas
sage and publication of an ordinance or resolution in the manner
otherwise; prescribed by law.
Section IS. The Commission shall, within one (1) year after
its organization under this Charter and from time to time there
after, cause; all ordinances and resolutions then in force to be clas
sified under appropriate heads, and, together with, or separately
from, the Charter of the city and such provisions of the constitu
tion and laws of the State, as the Commission may deem ex
pedient, published in book form.
Section 19. The Commission shall meet for the transaction ef
business at least once every month; the day of meeting shall lie
fixed and determined at the first meeting of the Commission; said
first meeting shall be called by the mayor-elect as soon as he
and the other commissioners shall have been duly elected and
qualified.
Section 20. Special meetings may lie called by the mayor, or
by three (3) members of the Commission.
Section 21. Any citizen of this city may have access to the
minutes upon application to the city clerk.
Section 22. Any citizen of this city may appear before the
Commission at any regular meeting and present a written petition;
such petition shall be acted upon by the Commission, in the regu
lar course of business, within fifteen (la) days.
Section 23. No member shall be excused from voting except
upon matters involving the consideration of his own official con
duct. In all other cases a failure to vote shall be entered on the min
utes as an affirmative vote.
Section 24. Wherever, by any provision of this Charter, it is
prescribed that any power, duty or procedure shall or may be ex
ercised, performed or adopted in the manner established by any
law of the State of Arizona, such power, duty or procedure may,
nevertheless, be exercised, performed or adopted, or caused to be
exercised, performed or adopted, in the same or in a different
manner, by an ordinance of the Commission, irrespective of such
State law, and in case there be no procedure established by State
law therefor, then the Commission shall by ordinance prescribe
one.
CHAPTER V
The Mayor
Section 1. The maj or shall be the chief executive officer of
the city, and ex-offieio chairman of the Commission, and shall see
that the ordinances thereof are enforced.
Section 2. The mayor shall annually and from time to time give
the Commission information relative to the affairs of the city, and
recommend for its consideration such matters as he may eleem
expedient.
Section 3. The mayor shall be recognized as the official head
of the city by the courts for the purpose of service f civil process
upon the city and instituting any action or proceeding at law or equity
for and in behalf of the city, and appearing in any manner before
the courts on behalf of the city; lie shall be recognized by the
governor and other State officials as the chief and official head of
the city.
Section 4. The mayor shall take command of the police and
govern the city by proclamation during times of great danger.
CHAPTER VI
The Manager
Section 1. The manager shall have- the general supervision and
direction of the administrative operation of the city government;
he- shall supervise and direct the official conduct of all appointive
city officers, except the auditor and city magistrate; he shall su
pervise the performance of all contracts made by any person for
work done for the city, and in that behalf represent the city, ex
cept as it may be otherwise provided in this Charter; he shall make
all purchases of materials or supplies for the city and see that the
same; are received as contracted for; he shall employ and discharge
from time to time as occasion requires all employes of the city;
he shall appoint all officers of the city, the appointment or election
of whom are not otherwise provided for in this Charter, and may
remove them when the interests of The city require; he shall make
a written report to the Commission at its first meeting in each
month of the state of the condition and business affairs of the
city, and he shall whenever required by the Commission make a
written or verbal report as may be indicated by the Commission, in
detail, of any particular matter relating to the affairs of the city
within his supervision; he shall reepiire monthly reports, or may
require them ofieuer, from each of the officers of the city appoint
ed by him, of the business and condition of such office, and shall
submit the same to the Commission upon its request therefor. All
reports required by the Charter or by ordinance shall be in writ
ing, except that the Commission in the case of reports other than
the monthly reports herein required may direct them to be verbal;
and like wise the manager may direct reports other than the month
ly reports herein provided for to be made verbally. All written
reports shall be safely kept by the proper officers as a part of the
records of the city and be open to the inspection of the electors
of the city during office hours.
Section 2. It shall be his duty, as well as that of the mayor, to
see that all of the ordinances of the- city are enforced.
CIIAPTKR VII
The City Auditor
Section 1. The city auditor shall prescribe and require, except
as they may be by law prescribed and required, the use of plain
and uniform systems of keeping books of accounts by all city of
ficers who are charged with the; receipt or disbursement of any of
the funds of the city, or who may lie authorized to purchase ma
terial and supplies or employ labor for it. He shall prescribe the
form of vouchers or other evidences of the receipt of money from
the city or for the establishment of demands against Hie city. He
shall at all times have access t-, and may inspect and take copies
of ail books on which entries are made or are required to be
made relating to the receipt or expenditure of money on account
of the city, and to all vouchers, accounts, bills, warrants, drafts.
contracts, or other papers relating thereto. He shall have power to
administer oaths for the purpose of ascertaining the tacts relating
to any charge or claim against the city made or claimed by any
person, partnership, association or corporation whatsoever. He
shall inquire into and inform himself as to the legality of all claims
to be paid out of the city treasury or for which warrants thereon
might be or have been drawn, as we-11 as the- reasona hleness of the
prices charged or claimed for material, supplies or labor, and the
facts ajs to the delivery or rendition thereof to or for the use of
the city.
Section 2. He shall, at the fist meeting of the Commission in
each month, make a written report to the Commission of all ex
penditures made or incurred by the city or on its account during
the next preceding month, showing the same in detail; and as well
the receipts by the city in detail on all acounts, and show at the
time the financial condition of the city.
He shall also make written or verbal reports to the Commis
sion, whenever required by it, eif any particular matters relating to
the business of the city involving the receipt or expenditure of
money or incurring expense therein.
Section 3. He shall jierform such other duties as may be
prescribed by the Commission not inconsistent with the provisions
of this Charter.
Section 4. The auditor may, with the consent and approval of
the Commission appoint such assistants as in the opinion of the
Commission may be required, their compensation to be fixed by
the Commission.
CIIAPTKR VIII
City Court
Section 1. There shall be and is hereby established in the City
of Phoenix a municipal court, to be known and de-signated. "THE
CITY COCRT OF THE CITY OF PHOKNIX, MARICOPA COUNTY.
STATE OF ARIZONA," which court shall always be open, ex
cept on non-juridical days, and on such non-juridical days it may
transact such business within its jurisdiction as is authorized by
general law to be transacted by courts of justice of the; peace rela
tive to business within their jurisdiction.
Section 2. Said court shall, within the territorial limits of said
city, have and exercise jurisdiction as follows:
(a) It shall have and exercise exclusive original jurisdiction of
all proceedings of a criminal nature for the violation of any ordi
nance of said city; and of every action of a civil nature for the
enforcement of a penalty, or the recovery of a penalty or forfei
ture imposed by any ordinance of said city for violation thereof,
or for neglect to perform any duty by any ordinance imposed; and
of every action for the collection of any license-tax or penalty due
from any person to said city and reepjired to lie paid, or which is
due anel celle-et ible under the ordinances of saiel city.
Section 3. There shill be at least one (1) city magistrate ap
pointed by the Commission, who shall be judge of the City Court.
He shall hold office for a term of two (2) years, except the first
term as herein provided for, or until his successor is appointed and
qualified, unless sooner removed from office in the manner pro
vide;d in this Charter.
Section 4. The Manager shall provide each city magistrate
with a proper court room and with all necessary stationery, furni
ture and paraphernalia. The Manager shall also provide proper
and necessary clerical force for the keeping and maintaining of a
proper record of the transactions of the magistrate's court, and of
the acts, judgments and orders of the said magistrate, and the
city clerk may be assigned to that duty. -All fines, penalties and
fees collected by the magistrate in the course and performance
of his duties shall be paid to the city treasurer on the first day
of each and every month and proper receipt taken therefor. The
moneys so paid by the city magistrate may, by ordinance of the
Commission, be apportioned to any particular fund and shall there
after be used in accordance with such ordinance.
Section 5. For the proper carrying out of the jurisdiction, vest
ed in said city magistrate, he shall be entitled and authorized, to
issue and cause to be served, any and all writs and processes, and
he shall have full authority to hear and determine all matters pro
perly coming before him and coming within his jurisdiction herein
specified. The writs and processes to be used by said magistrate
shall be similar to those used by justices of the peace in cases of
a similar nature, and proper record shall be kept of the issuance of
writs and processes and returns, and of any and all other actions
taken relative thereto, and the actions of the court thereon. The
police of the City of Phoenix are hereby authorized and directed to
execute and serve any and all writs and processes issued out of
said magistrate's court by said magistrate, and proper return shall
be made by such officer "to the same extent as is required of con
stables, and sheriffs in the service and execution of similar papers.
Section 6. The Commission shall pass all necessary ordinances
to give efrect to the provisions of this Chapter, not otherwise
herein provided.
CHAPTER IX
Bonds and Oaths of Office
Section 1. Before entering upon the performance of the duties
of his office, any officer of whom a bond is required by the Charter
or by ordinance, shall make and execute and file his official bond.
Section 2. The official bonds .of the following named officers
shall be in amounts as follows: The Manager, $20,000; the auditor,
$r.,0(io; the City Clerk, $3,000; the City Assessor, $5,000; the City
Treasurc-r, $50,000; the City Collector, $10,000.
Provided, however, that the Commission may prescribe by ordi
nance bonds of the city treasurer and the city collector -in greater
amounts than herein prescribed for those officers.
Section 3. The Commission may by ordinance require official
bonds of other officers and their deputies and fix the amount there
of. Section 4. Official bonds required by this Charter, or by any
ordinance of the city of Phoenix, shall be conditioned that the
principal will well and truly, honestly and faithfully, perform the
duties of his office, and will at all times account to the city or the
proper officers thereof, for all moneys and property received or
taken by him on behalf of the city, and at the expiration of his
office, or termination thereof, he will promptly surrender to his
successor in office, or to such officer as may be designated by the
Commission, or his superior eifficer. all the books, records, papers,
documents, property and paraphernalia belonging to or used in said
office, or in connection therewith, together with a complete inven
tory and statement of such property so to be turned over by him.
Section a. Kvery official bond shall be executed with two (2)
or more good and sufficient sureties who shall qualify in form as
is required by law for the qualification of sureties upon bonds of
county officers. Instead of two (2) or more sureties as above pro
scribed, such bonds may be executed with a properly qualified
surety company as surety; in such cases the premium to be charg-e-d
therefor shall be paid by the city.
Section fi. The official bonds shall, after approval by the Com
mission, be filed with the city clerk and safely kept by him; ex
cept the bond of the city clerk which shall be filed with and kept
by the city treasurer. The approval of bonds must be endorsed
thereon or appended thereto and attested by the mayor.
Section 7. He-fore entering upon the duties of his office, each
officer of the city, whether elected or appointed under the provisions
of this Charter, or under any ordinance of the city, shall take anil
subscribe, an oath ef office in the form of the official oath required
by the constitution. The oath so taken and subscribed, if by an
official required to give a bond, shall be endorsed upon or attached
to the bond; if by an official not required to give a bond, such oath
shall lie filetl with and kept by the city clerk.
CHAPTER X
1 Salaries
Section 1. The salary of the mayor shall be five (5) dollars
for each meeting attended by him not to exceed in the aggregate three
hundred (30t) dollars per year. In addition to his salary the mayor
shall have a contingent fund of not to exceed two hundred (2'0)
dollars in each year payable as he may require the same. en his
own warrants, out of any funds in the city treasury not otherwise
appropriated, and may expend the same as such mayor at his dis
cretion and without accounting therefor.
Section 2. Each of the Commissioners shall receive a salary of
five (a) dollars for each meeting of the Commission attended by
him. not to exceed in the aggregate three hundred (300) dollars per
year.
Section 3. The city manager shall receive a salary at the rate
of five thousand foi0) elollars per year.
Section 4. The salary of the city magistrate shall be at the
rate of eighteen hundred (100) dollars per year, payable in month
ly installments; but such salary may be changed, increased or mo
dified by ordinance of the Commission as it shall deem proper and
necessary. Such change, modification, or increase shall, however,
not take effect during the term for which any magistrate, then in
offi-e, shall have been appointed.
Section 5. The salary of the auditor shall be fixed by the Com
mission, but shall not exceed the rate of three thousand (3000) dol
lars per vear.
CHAPTER XI
Provisions Relating to All Other Officers
Section 1. No member of the Commission shall hold any other
public office or have other employment in the municipal govern
ment or any subdivision thereof, the compensation for which is paid
out of the municipal moneys; or be elected or appointed to any
office treated or the- compe-nsat ion of which is increased by the
Commission while he is a member thereof, until one 1) year after
the expiration of the term for which he was elected.
Section 2. No officer or employee shall be elirectly or indirectly
interested in anv contract, work or business of the city, or in the
sab- of any article, the expense, price or consideration of which is
paid for from the treasury or by assessment levied by any act or
ordinance: nor in the purchase or lease of any real estate or other
property belonging to the city or which shall be sold for taxes or
assessments or by virtue of legal process at the suit of the city.
No officer shall be directly or indirectly in the employ of any
public service corporation in the city or of any person having any
contract with the city or any grantee of a franchise granted by
the city.
Anv contract or agreement in contravention of this section
shall be void.
Any violation of the provisions of this section shall lie deemed
a misdemeanor.
The Commission shall enforce the provisions of this section In
appropriate legislation.
Section 3. No appointment te position under the city govern
ment shall be- made or withheld by reason of any religious or politi
cal opinions or affiliations or political services, and no appoint
ment to or selection for or removal from any office or employment
and n transfer, promotion, reduction, reward or punishment shall
be in anv manner affected by such opinions, affiliations or service.
CHAPTER XII
Nominations of Officers and Primary Elections
Section 1.
(a) The mode of nomination of elective officers of the city to
be voted for at any municipal election shall be as follows, and not
other wise :
(b) The name of a candidate shall lie printed upon the ballot
when a petition of nomination shall have been filed in his behalf in
the manner and form and under the conditions hereinafter set forth.
c) The petition of nomination shall consist of a printed or
written statement or certificate, substantially in the following form
with the blanks properly filled in:
Petition For Nomination
State of Arizona. County of Maricopa. City of Phoenix, ss.
We. the undersigned, do hereby certify that we do hereby join
in a petition for the nomination of whose
resilience is at No in the City of Phoenix.
Arizona, for the office of to be voted for at
the municipal election to be; held in the city of Phoenix on the...
day of 19... and we each do hereby further certify, for
ourselves individually, and not one for the other, that I am a quali
fied elector and am not at this time a signer of any other petition
nominating any other candidate for the above named office; or,
in case there are several places to be filled in the above named
office, that I have not signed more petitions than there are places
to be filled in the above named office; that my residence is as set
opposite my name hereinbelow, and that my occupation is as set op
posite my name hereinbelow.
Names of Signers Occupation City of Phoeniv, St. No. 'Date of
I Signing
I
State of Arizona, County of Maricopa, City of Phoenix, ss.
being by me duly sworn on oath, says, that
is a qualified elector in the City of Phoenix. Maricopa County,
Arizona; that to the best of knowledge and belief all the
signers to the above mentioned paper are electors in the said City
of Phoenix, Arizona; that knows they signed the same with
knowleelge of the contents thereof; that their respective residences
are correctly stated therein; that each signed the same on the
date set opposite name and that affiant Intends to support
the candidate therein named.
need not be on one (1) petition, but more than one (1) petition
may be filed for any nominee or candidate. Each of said petitions,
shall also have printed thereon, at the end thereof, the following:
"The petition of nomination of which this certificate forms a
part, shall, if found insufficient, be returned to at No.
Phoenix, Arizona.-'
(f) Each of said petitions must be of uniform size as deter
mined by the city clerk; it shall contain the name of one candidate
and no more; and each signer thereto shall possess the qualifica
tions and must not at the time of having signed his or her name
thereto, have signed any other certificate or petitions for an
other candidate for the same office, nor in case there are several
places to be filled in the same office, signed more petitions for
candidates for that office than there are places to be filled in such
office. - i.j 4Karg
Section 2. The petition or petitions for nomination, "consist
ing of signatures aggregating not less than three (3) per cent of
the number of votes cast for mayor at the last precedng general
municipal election at which a mayor was elected, may be presented
to the city clerk not earlier than sixty (t;0) days, nor later than
twenty (20) days before the date set for election. The city clerk
shall endorse on such petition or petitions the date when the same
was received by him.
Section 3. The provisions of Chapter XVII of this Charter,
so far as the same relate to the filing of petitions for recall, tho
examination by the city clerk of such petitions, the verification
thereof by the said city clerk as to the number anil qualifications
ef the signers, the return thereof in case said petition or petitions
are defective or elo not fully comply with the provisions of this
Charter relative to the number and qualifications of such signers,
the presentation thcreof, in case they are found sufficient, to the
Commission, so far as applicable, shall apply to petitions filed for
the nomination of candidates for elective offices In the City of
Phoenix; said petitions may also be amended as provided herein
for the amendment of recall petitions.
Section 4. Any person whose name has been presented under
the foregoing sections, or in the manner provided for nomination
hereinafter, may, not later than twenty-eight (2K) days before
the day of election, cause his or her name to be withdrawn from
nomination by filing with the city clerk a request there-tor in
writing, and no name so withdrawn shall be printed em the ballot.
If upon such withdrawal the number of candidates remaining
does not exceed the number to be elected, then other nominations
may lie made by filing petitions therefor not later than twenty
(20) days prior to such election.
Section 5. When a petition of nomination shall have been
filed by the city clerk it shall not be withdrawn or added to and
no signatures shall be revoked thereafter.
See-tion e. The city clerk shall preserve in his office for a per
iod of two (2) years all petitions of nomination and all certificates
thereto filed under this Chapter.
Section 7. Immediately after sue-h petitions are filed the city
clerk shall enter the names of the candidates in a list, with th
offices to be filled, and shall not later than sixteen (16) days be
fore the election certify such list as being the list of candidates as
required by the Charter of the City of phoenix, and the Commis
sion shall cause- said certified list of name's and the offices to be
filled, designating whether for a full term or unexpired term, to he
published in the proclamation calling the election, for the period
and in the manner now, or as may hereafter, be provided by law
or by ordinance of said city, for the publishing of such election
proclamation.
Section S. The city clerk shall cause the ballots to be print
ed, hound and numbered as hereinafter provided for the printing,
binding and numbering of ballots to be used in municipal elections,
or as the same may hereafter be provided by ordinance; said bal
lot shall contain the list of names and the respective offices, a3
published in the proclamation anil shall be substantially in the
following form:
Primary (General or Special) Municipal Election
City of Phoenix
(Inserting Date Thereof)
INSTRUCTIONS TO VOTERS : To vote, stamp or write a
cross (X) in square at right of the name of the candidate for
whom you desire to vote. All marks otherwise made are forbidden.
All distinguishing marks are prohobited and make the ballot void.
If you wrongly mark, tear or deface this ballot, return it to the in
spector of election and obtain another.
(Name of Office) (Name of Office)
Vote for one or two, as the case Vote for one or two, as the case'
may be may be
Subscribed and sworn to before me this
. day of
19.
Notary Public, Maricopa County, Arizona.
My commission expires , 19
(d) It shall be the duty of the city clerk to furnish upon
application a reasonable number of forms of said petition;
(e) The signatures of such petitioners for such nominees
Section 9. The ballot; shall in all respects comply with th
provisions of law respecting ballots to be used at general, county
or state elections, so far as applicable, except that the name of the
mayor shall be endorsed thereon in place of the name oi' any other
officer designated for ballots used in county or state elections. A
space may be provided at the top of the ballot for charter amend
ments or other questions to be voted upon at the municipal elec
tion.", as provided for under this Charter. The names of the can
didates for each office shall be arranged as provided by law and
nothing on the ballot shall be indicative of the source of the can
didacy or of the support of any candidate.
Section la. The name of a candidate who has been duly and
regularly nominated, and who has not withelrawn his or her name
as herein provided, shall not be omitted from the ballot. A half
Inch square shall be provided at the right of the name of each
candidate, and at the right of each proposition to be voted for.
two (2) squares shall be provided, wherein to mark the cross, to
gether with the words "yes" or "no" in such manner that the
electors may express at the polls their approval or disapproval of
the measure.
Section 11. Half-inch squares shall be left below the printed
names of candidates for each office eeiual in number to the num
ber to be voted for, wherein the voter may write the name of any
person or persons for whom he may wish to vote.
Section 12. The provisions of law. as the same exist or as the
same may hereafter be amended or changed, relating to the print
ing and distribution of sample ballots in connection with general
municipal elections, shall apply to all primary and special munici
pal elections.
Section 13. After the holding of such primary election it shall
be the duty of the city clerk, after the result thereof shall have
been duly declared, to cause the canvass and result of such elec
tion to be duly noted in his records, and thereafter and within
the time provided by law to cause the necessary ballots to be print
ed and distributed for use at the second or general election herein
after referred to. The names of only such candidates who were
not elected at such first election, as hereinafter provided, shall, if
proper and necessary, be printed on the ballots to be used in sec
ond election.
Section 14. The aforesaid primary election shall be held not
less than thirty (30) clays prior to the holding of the general elec
tion herein provided for, and the provisions for holding, conducting
and carrying on such general elections, and the qualifications of
electors and voters thereat, shall apply, as far as applicable, to the
holding and conducting of said primary elections and the qualifica
tions if electors and voters thereat.
Section 15. At said primary election any candidate who shall
reeeive a majority of all the votes cast at such election shall be
declared elected to the office for which he is a candidate, and no
further election shall be held as to saiel candidate.
Section 1. If at any election held as above provided, there l"
any office, to which the required number of persons were not
elected, then as to such offices, the first election shall be consider
ed to have been a primary election for the nomination of candidates
anel a second or general municipal election shall be held to vot
for the candidates to fill such offices. The candidates not elected
at such first election, equal in number to twice the number to be
elected to any given office, or less if so there be, and who re
ceived the highest number of votes for the respective offices at
such first election, shall be the only candidates at said second
election; provided, that if there be any person, who under th
provisions of this subdivision would have been entitled to become
a candidate for any office, except for the fact that some other
candidate received an equal number of votes therefor, then all
such persons receiving said equal number of votes shall likewise
become candidates for such office.
Section 17. The candidates equal in number to the persons
to be elected who shall receive the highest number of votes at said
second election shall be declared elected to such office.
Section IS. Words used in the masculine gender in this Char
ter include the feminine.
CHAPTER XIII
Elections
Section 1. There shall be a general municipal election held in
the city of Phoenix every year on the first Tuesday in April, begin
ning in the year 1915, and the manner of giving notice and the
holding and conducting of such election, the counting of the ballots,
the canvassing of the votes cast and the method of announcing
and declaring the results of such election, shall, as far as applica
ble, be the same as is or may hereafter be provided lor nomin
state or county elections, subject, however, to the provisions of thi
Charter. The form of ballot shall be substantially as that pres-.
cribed in Chapter XII, Sections 9, 10 and 11 of this Charter.
r