Arizona republican. [volume], September 03, 1913, Page PAGE EIGHT, Image 8

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

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PAGE EIGHT
THE ARIZOj REPUBLICAN, WEDNESDAY MOttXIXG, SEPTEMBER 3, 1913
Proposed Charter Of The City
of Phoenix
Preamble
We, the people of the City of Phoenix, a city incorporated
under the name and style of 'The Common Council of the City
of Phoenix," now having: a population of more than three thou
sand five hundred (3500), acting in this behalf under the consti
tution and laws of the State of Arizona, have framed, adopted and
ordained, and do he-ieby frame, adopt and ordain, the following as
the Charter of said city, which shall supersede, as provided in
the constitution of the State, the Charter of the said "The Com
mon Council of the City of Phoenix," and all laws amendatory
thereof arid supplementary thereto.
CHAPTER I.
Name and Boundaries
Section 1. The municipal coiporation now existing and known
as "The Common Council of the City of Phoenix"' shall remain and
continue to he a body politic and corporate under the name of
"City of Phoenix," and shall have all the powers necessary, proper,
or convenient for the government and regulation of its inhab
itants and its local affairs, the exercise of which are not forbid
den by the constitution of the United States or the constitution
or laws of the State of Arizona, including those hereinafter enum
erated in subsequent chapters of this Charter, as well as those
enumerated in Section 3 of Chapter II of the acts of the first
special session of the first legislature of Arizona, entitled "An
Act' to enable all cities, now or hereafter containing a popula
tion of more than three thousand five hundred, to frame and
adopt Charters for their own government, and to extend and de
fine their own powers." approved June 8, 1912.
Section 2. The City of Phoenix shall include all of the terri
tory now included within the boundaries of the said "The Com
mon Council of the City of Phoenix," being and described as fol
lows: Beginning at the Northeast corner of Section nine (9), Town
ship one (1) North. Range three CI) Kast of the Gila and Salt
River Base and Meridian; running thence South along the Kast
line of the Northeast quarter (NK. U) of Section nine (9) to the
Southeast corner of the Northeast quarter (NE. 4 ) of said Sec
tion nine (9); thence West along the South line of the North
half (N. V') of said Section nine (9) to the Northeast corner of
the Northeast quarter (NE. '4) of the Southeast quarter (SE. )
of Section eight (S), Township one (1) North, Range three (3)
East of the Gila and Salt River Base and Meridian; thence South
nlong the East line of the Northeast quarter (NE. U) of the
Southeast quarter (SE. U) of said Section eight (S) to the South
east coiner of the Northeast quarter (NE. Vt ) of the Southeast
quarter (SE. ) of said Section eight (&); thence West along
the South line of the Northeast quarter (NE. U ) of the South
east quarter (SE. '4) of said Section eight (S) to the Northeast
corner of the Southwest quarter (SW. ,4) of the Southeast quar
ter (SE. V4) of said Section eight (8); thence South along the
East line of the Southwest quarter (SW. U) of the Southeast
quarter (SE '4 ) of said Section eight (S) to the Southeast corner
of the Southwest quarter (SW. Vi) of the Southeast quarter
(SE '4) of said Section eight (S); thence West along the South
line of the Southwest quarter (SW. U) of the Southeast quarter
(SE. U) of said Section eight (8) to the Northeast corner of the
Northwest quarter (NW. U) of Section seventeen (IT), Township
one (1) North. Range three (3) East of the Gila and Salt River
Base and Meridian; thence South along the East line of the North
west quarter (NW. V ) of said Section seventeen (IT) to its inter
section, with a prolongation of the South line of Yavapai street;
thence West along the South line of Yavapai street to its inter
section with the West line of the Northwest quarter (NW. U) of
said Section seventeen (IT); thence North along the West line of
the Northwest quarter (NW. U) of said Section seventeen (1)
to the Southwest corner of Section eight (S), Township one (1)
North, Range three (3) East of the Gila and Salt River Base and
Meridian; thence North along the West line of said Section eight
(S) to the Southeast corner of the Northeast quarter (NE. li ) of
the Southeast quarter (SE. 14) of Section seven (T), Township one
(1) North, Range three (3) East of the Gila and Salt River Base
and Meridian; thence West along the South line of the Northeast
quarter (NE. 14) of the Southeast quarter (SE. U) of said Sec
tion seven (T) to the Southwest corner of the Northeast quarter
(NK U) of the Southeast quarter (SE. ) of said Section seven
(7); thence North along the West line of the Northeast quarter
(NE. '4) of the Southeast quarter (SE. V ) of said Section seven
(7) to the Northwest corner of the Northeast quarter (NE. Vi ) of
the Southeast quarter (SE. '4) of said Section seven (7); thence
West along the South line of the North one-half (N. 'i) of said
Section seven (T) to the Southeast corner of the Northeast quar
ter (NE. 14) of Section twelve (12), Township one (1) North.
Range two 2) East of the Gila and Salt River Base and Meri
dian; thence West along the South line of the Northeast quarter
XNE.' ',4) of said Section twelve (12) to the center of said Sec
tion twelve (12); thence North along the West line of the North
east quarter (NE. '4) of said Section twelve (12) to the North
west corner of the Northeast quarter (NK. '4) of said Section
twelve (12); thence East along the North line of the Northeast
quarter (NE. ) of said Section twelve (12) to the Northwest
corner of Section seven (7). township one (1) North, Range three
(3) East of the Gila ana Salt River Base and Meridian; thence
East along the North line of Section seven (7) to the Southwest
coi ner of the Southeast quarter (SE. 4 ) of Section six (6), Town
ship one (1) North, Range three (3) East of the Gila and Salt
River Base and Meridian; thence North along the West line of
the Southeast quarter (SE. V ) of said Section six (C) to the cen
ter of said Section six (fi); thence East along the North line of
the Southeast quarter (SE. Vj ) of said Section six (6) to the
Southwest corner of the Northwest quarter (NW. ,4) of Section
five (5), Township one (1) North, Range three (3) East of the
Gila and Salt River Base and Meridian; thence North along the
West line of the Northwest quarter (NW. ',4 ) of said Section five
(5 to the Northwest corner of said Section five (".); thence East
along the North line of said Section five (5) to the Northwest
corner of Section four (4), Township one (1) North, Range three
(3) East of the Gila and Salt River Base and Meridian; thence
East along the North line of said Section four (4) to the North
east corner of the Northwest quarter (NW. V ) of said Section
four (4); thence South along the East line of the West half
(W. Vi) of said Section four (4) to the Northwest corner of the
Northeast quarter (NE. U) of Section nine (9), Township one (1)
North, Range three (3) East of the Gila and Salt River Base and
Meridian; thence Kast along the North line of said Section nine
(9) to the point of beginning, all situate, lying and being within
the County of Maricopa, State of Arizona.
CHAPTER II.
General Powers, Rights and Liabilities.
Section 1. The said corporation, the City of Phoenix:
(a) Shall own, possess, control, exercise and enjoy all of the
books, records, documents, and all of the property, real personal
and mixed, and all of the rights, privileges, franchises, powers and
immunities now belonging to. possessed or exercised by the munic
ipal corporation known as the "The Common Council of the City
of Phoenix."
(b) It shall be subject to and liable for all of the legal debts,
liabilities, judgments, bonds, and all other legal obligations for
which the said corporation, "The Common Council of the City
of Phoenix," is now or may hereafter become legally bound.
(c) It may sue and be sued, plead and be impleaded, in all
courts of law or equity, in all actions and proceedings whatso
ever; adopt a seal and may from time to time alter the same;
contract and be contracted with, acquire and hold real, personal
or mixed property for the purpose for which it is incorporated, and
do all such acts and things necessary or proper for a municipal
corporation to do to carry out the purpose for which it is incor
porated. Section 2. Without denial or disparagement of other powers
held under the constitution and laws of the State of Arizona, and
by virtue of its being continued in the rights, powers and prop
erty of "The Common Council of the City of Phoenix," the City
of Phoenix shall have the further rights and powers, to-wit:
(a) To acquire by purchase, condemnation or otherwise, and
to establish, maintain, equip, own and operate libraries, reading
rooms, art galleries, museums, parks, playgrounds and places of
recreation, fountains, public baths, public toilets, public markets,
market houses, abattoirs, dispensaries, infirmaries, hospitals, char
itable institutions, jails, houses of correction, work houses, deten
tion homes, morgues, cemeteries, garbage collection and garbage
disposal and reduction works, sewers, street cleaning and sprink
ling plants, quarries, waterways, canals and all other public build
ings, places, works and institutions.
(b) To acquire by purchase, condemnation or otherwise, and
to establish, maintain, equip, own and operate, waterworks, gas
works, sewerage systems, electric light plants, refrigeration, heat
and power plants within or without the City of Phoenix, and to
supply the city and its Inhabitants, and also persons, firms and
corporations, outside of said city, with water, gas and electricity.
(c) To acquire by purchase, condemnation or otherwise, and
to establish, maintain, equip, own and operate, telephone and tele
graph systems, cable, electric or other railways and transportation
service of any kind.
(d) To sell gas, water, electric currents and all products of any
public utility operated by the city.
(e) To acquire by purchase, condemnation or otherwise, with
in or without the city, such land and other property as may be
necessary for the establishment, maintenance and operation of any
public utility, or to provide for and effectuate any other public
purpose; and to sell, convey and dispose of the same for the com
mon benefit.
(f) To receive bequests, donations and gifts of all kinds of
property, in fee simple, or in trust for charitable and other pur
poses, and to do all acts necessary to carry out the purposes of
such bequests, gifts and donations, with power to manage, sell,
lease or otherwise dispose of the same in accordance with the
terms of the bequest, gilt or donation of trust, or absolutely in
case such bequest, gift or trust be unconditional.
(g) To borrow money for any of the purposes for which
the city is authorized to provide for the carrying out any of
the powers which the city is authorized to enjoy and exercise, and
to issue bonds therefore; provided, that in the procedure for the
creation and issuance of such bonded indebtedness the general
laws of the State of Arizona In force at the time such proceedings
are taken shall be observed and followed.
(h) To raise money by a special tax, in addition to the an
nual tax levy provided for in this Charter; to authorize such spe
cial tax the provisions of this Charter relative to the initiative
and referendum shall be followed, and the levy of such tax must
be approved by at least two-thirds of the property taxpayers, who
shall be qualified electors of the State and the City.
(i) To join with one or more cities incorporated under the
constitution and laws of the State, in order to acquire and de
velop jointly a source or sources of water supply for municipal
and domestic purposes, and to construct the works necessary for
their joint and several purposes and needs, and to unite with such
cities in bond issues therefor.
(j) To engage in industrial pursuits and to do whatever may
be necessary or proper therein.
(k) To establish maintain and operate municipal slaughter
houses within or without the city limits, and to acquire the ne
cessary lands and 'rights therefor by condemnation or otherwise.
(1) To install, maintain and operate all necessary works,
plants, institutions, departments, offices and systems, proper or
convenient, or which may be conducive to the welfare, safety, good
health, convenience or improvement of the City of Phoenix and
the inhabitants thereof.
(m) To have and exercise all powers conferred upon ' muni
cipal corporations by the act of the first special session of the
legislature of Arizona (Chapter L.XVII) entitled, "an act to au
thorize municipal corporations of the State of Arizona to sell and
dispose of their real and personal property and prescribe the me
thod thereof," approved June 21, 1912.
Section 3. Whenever any power Is conferred by this Charter,
and whatever methods of procedure are provided for the exercise
thereof, or if the power be conferred in different terms of two
or more provisions thereof, such different expressions of either
method or power shall not the one effect or modify the other, but
they shall also be deemed effective and be accumulative and se
lective. Section 4. The qualified voters of said city shall have the
power through the initiative and otherwise, as provided by this
Charter, the constitution and laws of the State, to enact appro
priate legislation to carry out and enforce any of the above gen
eral powers of the city or any of the specified powers of the
Commission of said city.
CHAPTER III
Government
Section 1. The exercise of the powers and the performance of
the functions of said city shall be and they are hereby vested in
a Commission to consist of a mayor and four (4) other members
to be elected by the qualified electors of the City of Phoenix as
hereinafter provided, and in a city manager, a city auditor, and in
such other officers as may be hereafter established either by this
Charter or by the Commission under the authority of the pro
visions of this Charter to be elected or appointed as hereinafter pro
vided. Section 2. In addition to the officers named in the foregoing
section there shall be a city clerk, a. city assessor, a city trea
surer, a city collector, a city attorney, a city engineer, a chief of
police, a fire chief, a superintendent of streets, and a city magis
trate.
The offices of city assessor and city collector, if so directed
by ordinance, may be filled and the duties thereof performed and
the rights thereof exercised by one and the same person, and in
that case he shall be the city assessor and ex-officio city collec
tor. The duties of the several officers mentioned in this section
in addition to those imposed upon them by this Charter, and the
duties of such officers as may be created by the Commission as
hereinafter provided, shall be prescribed by the Commission by
ordinance; provided, however, that until such officers shall have
been elected or appointed, and shall have qualified, as hereinafter
provided, and their duties be so prescribed, the officers of "The
Common Council of the City of Phoenix" shall perform the duties
and have the rights now imposed and conferred upon, them by law
and the ordinances of said corporation "The Common Council of
the City of Phoenix," except in so far ar; they are modified by the
provisions of this Charter. The city manager shall as soon after
his appointment as practicable proceed to the appointment of the
oficers of the city appointment of whom is devolved upon him,
and the Commission shall determine and designate their powers
as above provided.
Section 3. The Commission shall have power by ordinance to
create and discontinue offices, deputyships. assistantships and
employments other than those provided for in this Charter, and
prescribe the duties pertaining thereto according to the needs of
the city.
Section 4. The city manager shall be appointed by the Com
mission and shall hold his office until removed for cause by the
Commission.
Section 5. The city auditor shall be appointed by the Com
mission and shall hold his office until removed for cause by the
Commission.
Section C. The city magistrate shall be appointed by the
Commission, and his term of office shall be two (2) years, unless
sooner removed for cause by the Commission.
Section 7. The city clerk, city assessor, city treasurer, city
collector, city attorney, city engineer, chief of police, the fire chief,
the superintendent of streets, and such other officers as the Com
mission may create by ordinance under the authority of this Char
ter, shall be appointed by the city manager and shall hold their
respective offices during the pleasure of such city manager.
Section 8. The compensation of all city officials shall be by
salary to be fixed by the Commission. The Commission shall also
fix the compensation of all other officers of the city except as in
this Charter otherwise provided. No officer shall be allowed any fees,
perquisites, emoluments, rewards or compensation aside from the
salary as fixed by this Charter or by ordinance, but all fees re
ceived by him in connection with his official duties shall be paid
by him into the city treasury.
Section 9. Each of the several officers provided for in this
Charter shall be at the time of his appointment, and thereafter
continue to be during his incumbency of his office, a qualified
elector of said city.
Section 10. During the absence or disability of the mayor the
vice-chairman of the Commission shall act as mayor pro tempore.
In case of a vacancy in the office of mayor the vice-chairman of
the Commission shall act as mayor until suc"h vacancy is filled as
provided in this Charter. In case of a vacancy in the office of
mayor it shall be lawful and proper for the remaining members
of the Commission to select a fifth member of such Commission;
and such five (5) Commissioners shall select from among their
number one who shall be mayor. Such selection shall be had at any
special session of the Commission called for that purpose, and the
selection of such mayor thereat shall be duly noted in the minutes
of the Commission, and upon qualification such selected mayor
shall continue in office as mayor until the expiration of the term
for which the mayor had been elected or appointed. In the case
of a vacancy of a member of the Commission the vacancy shall
be filled for the unexpired term in like manner as above prescrib
ed for filling a vacancy in the office of mayor.
Such vacancy shall exist, except under the recall provisions
of this Charter, when an elective officer fails to qualify within
thirty (30) days after commencement of his term, dies, resigns,
removes from the city, absents himself continuously for thirty
(30) days from the duties of his office without the consent of the
Commission, is convicted of violating any of the provisions of this
Charter, or of a felony, or is judicially declared a lunatic as de
fined by statute.
Should a tie vote occvir in an attempt to select someone to
fill such vacancy, and because thereof there shall be a failure to
choose for a period of five (5) days, the city magistrate shall cast
the deciding vote.
Section 11. The terms of the mayor and Commissioners shall
commence at ten (10) o'clock a. m. on the first business day of
May following their election, and except as otherwise provided
herein shall be for two (2) years and until their successors are elected
and qualified; provided, however, that the terms of the mayor and
of the four (4) Commissioners first elected under this Charter the
terms of the mayor and of the two (2) Commissioners receiving
the highest number of votes shall expire on the first business
day of May, 1916. and the terms of the other two (2) Com mis
sioners shall expire on the first business day of May, 1915; pro
vided, however, that the terms of the officers first elected under
this Charter shall commence at twelve (12) o'clock noon on the
third (3rd) Tuesday following the first general municipal election
r -r V.e - "-ntlon of this Charter. " " "TJ
CHAPTER IV
The Commission
Section 1. The legislative powers of the City of Phoenix shall
be vested in and exercised by the Commission except as herein
limited or reserved to the electors of the city. The legislative
powers of the city shall extend to all rightful subjects of legisla
tion not forbidden by the constitution of the United States, the
constitution or laws of the State of Arizona, or the provisions of
this Charter.
Section- 2. As the legislative organ of the City of Phoenix, the
Commission, subject to the provisions and restrictions of this
Charter, shall have the power by proper ordinances or resolutions,
to carry out each and every power, right and privilege herein and
hereby vested in the city of Phoenix, and by such legislation to en
force said rights, powers and obligations, and to secure the per
formance of all obligations and indebtedness to others. And in ad
dition to the powers hereinabove enumerated and referred to, the
city, and the Commission acting for and and in its behalf, shall
have the further powers hereinafter enumerated and set forth,
to-wit:
(1) To provide a corporate seal, with appropriate device, to
be affixed to all instruments needing authentication, and to alter
and change the same as it may deem proper and wise.
(2) To prescribe fines, forfeitures and penalties for the viola
tion of any provision of this Charter or of any ordinance; but no
penalty shall exceed the limit which may be prescribed by the laws
of the State of Arizona relative to incorporated cities and their
powers.
(3) To provide for the summary- abatement of any nuisances
at the expense of the person or persons creating, causing com
mitting or maintaining such nuisances.
(4) To offer rewards not exceeding two hundred and fifty
($250.00) dollars in any one instance for the apprehension and
conviction of any person who may have committed a felony in
the city, and to authorize the payment thereof.
(5) To organize and maintain police and fire departments,
fire alarm and police telegraph and telephone systems, provide for
the management and control of the same, for the appointment of
superintendents thereof, also to erect and maintain suitable build
ings, equipments and implements for said police and fire depart
ments. (C) To regulate or prohibit the manufacture, keeping, storing
and using of powder, dynamite, gun cotton, nitroglycerine, fire
works and other explosive materials and substances.
(7) To regulate the storage of hay, straw, oil and other in
flamable and combustible materials.
(8) To regulate the use of steam engines, gas engines, steam
boilers and electric motors, and to prohibit their use in such locali
ties as in the judgment of the Commission would endanger public
safety or health; also to regulate the installation of gas and elec
tric fixtures and appliances and to provide for proper inspection of
same.
. 9) To prescribe fire limits and determine the character and
height of buildings that may be erected therein and the nature of
the materials to be used in the construction, alteration or repair
of such buildings or in the repair or alteration of existing build
ings within such fire limits.
(10) To regulate the construction of and the materials used
in all buildings, chimneys, stacks and other structures; and the
construction and use of party walls; to prevent the erection
and maintenance of unsafe or insecure buildings, walls, chimneys,
stacks or other structures, and to provide for their summary abate
ment or destruction; to regulate the materials used in and the me
thod of construction and location of drains and sewers, the mater
ials used in wiring buildings or other structures for the use of
electricity for lighting, power, heat or other purposes, and ma
terials used in piping buildings or other structures for the purpose
of supplying the same with water or gas and the manner of so
doing; to prohibit the construction of buildings and structures
which do not conform to such regulations.
(11) To require the owners and lessees of buildings or other
structures to place upon or in them adequate fire escapes and
appliances for protection against fire and for the extinguishment
of fires.
(12) To prevent the construction and to cause the removal of
dangerous chimneys, fireplaces, hearths, stoves, stovepipes, ovens.
boilers, apparatus and machinery used in any building in the city;
to regulate the carrying on of manufactories liable to cause fire; to
prevent the depositing of ashes, the accumulation of shavings, rub
bish, or any other combustible material in unsafe places, and to
make all necessary provisions to guard against fires.
(13) To regulate the size and construction of the entrances to
and exits from all theaters. Pet ore rooms, halls, schools, churches.
hotels, office buildings, and buildings used for factory purposes,
and other places of a public gathering of every kind, and to prevent
the placing of seats, chairs, benches or other obstructions in the
hallways, aisles or open plates therein.
(14) To regulate the speed of railroad trains, engines and cars
passing through the city and the speed of cars of street or in-
terurban railways using the public streets of the city; to require
railway companies to station flagmen, place gates or viaducts at
all such street crossings as the Commission may deem proper; to
require street cars and local trains to be provided with fenders or
other appliances for the better protection of the public; to pro
hibit the making up of railroad trains on any of the streets, alleys,
public places, street crossings or street intersections of the city,
and prohibit the blocking o any crossing or intersection of any
public thoroughfare with engines or cars for a period longer than
five (5) minutes at one time; to regulate the speed with which
persons may ride or drive or propel bicycles, automobiles or other j
vehicles along or upon the streets or highways of the city.
(15) To regulate or prohibit the exhibition or carrying of
banners, placards or advertisements, and the distribution of hand
bills in the streets, public grounds, or upon the sidewalks; to re
gulate or prevent the flying of banners, flags or signs across the
streets or from buildings; to regulate or prohibit traffic and sales
in the streets, alleys or public places; to prevent encroachments
upon or obstructions to the streets and to require their removal.
(1G) To compel the owner or occupant of buildings or grounds
to remove dirt, rubbish or weeds therefrom and from the sidewalks
adjacent thereto; and in his default to authorize the removal or
destruction thereof by some officer of the city at the expense of
such owner or occupant, and to make such expense a tax lien upon
such buildings or grounds to be collected at the
same time and in the same manner as other city taxes are collect
ed, and to provide for the imposition of a penalty as in cases of
misdemeanor for the failure of such owner or occupant to effect
such removal.
(17) To regulate, license or prohibit the construction and use
of billboards and signs.
(IS) To regulate and prevent the running at large of dogs;
to prevent dog fights in the streets; to provide for the destruction
of vicious dogs; to require payment of license fees by the owners
or persons having the possession of dogs; and to impose penalties
upon such persons for refusing to pay such license fees.
(19) To prevent or regulate the running at large of any ani
mals and to establish and maintain a pound and authorize the des
truction or disposition of animals running at large or that
may be impounded.
(20) 'To prohibit and punish cruelty to animals, and to re
quire the places where they are kept to be maintained in a clean
and healthful condition.
(21) To make all regulations which may be necessary and ex
pedient for the preservation of health and the suppression of dis
ease; to make regulations to prevent the introduction of diseases,
contagious, malignant, infectious or otherwise, into the city or into
any place within three (3) miles thereof; to make quarantine laws
and regulations to regulate, prevent and control the entry into the
city of persons, baggage, merchandise or other property Infected
with contagious diseases.
(22) To regulate or prohibit the operation of manufactories,
occupations or trades which may be of such a nature as to affect
the public health or good order of the city or disturb the public
peace, or which may be offensive or dangerous to the inhabitants
residing in the vicinity; to provide for the punishment of all per
sons violating such regulations, or who knowingly permit the same
to be violated in any building or on premises owned or controlled
by them; to make regulations for the suppression of disagreeable,
offensive and injurious noises.
(23) To provide for and regulate the inspection of meats,
poultry, fish, game, butter, cheese, lard, eggs, vegetables, bread
stuffs, milk and other food products offered for sale in the city;
to provide for the taking and summarily destroying of such pro
ducts as are unsound, spoiled, adulterated or unwholesome; to
regulate and prevent the bringing into the city or having or keep
ing within the city of any such spoiled, unsound, adulterated or
unwholesome products.
(24) To provide for and regulate the Inspection of all dairies
that offer for sale or sell any of their products, directly or indi
rectly, in the city.
, (25) To regelate hotels, lodging, tenement and apartment
houses; to prevent the overcrowding of the same; and to require
that they be put and kept in proper sanitary condition.
(2C) To regulate the? construction, repair and use of sewers,
sinks, gutters, cesspools ami vaults, and to compel the connecting,
cleaning or emptying of the same, and to designate the time and
manner in which the work shall be done.
(27) To provide for the collection and disposal of garbage,
ashes, animal and vegetable refuse, dead animals, animal offal,
rubbish and waste matter.
(28) To license, for the purpose of regulation and revenue, all
and every kind of business, profession, calling, trade, or occupa
tion not prohibited by law to be transacted or, carried on in the
city; to fix the rates of licenses upon the same and provide for
the collection thereof by suit or otherwise; to provide penalties for
transacting such businesses, professions, callings, trades, or occu
pations without license when the same is fixed and prescribeel.
(29) To establish stands for hack'-;, public carriages, express
wagons, and other public vehicles for hire, and regulate the charges
of such hacks, public carriages, express wagons and other public
vehicles, and to require schedules of such charges to be posted in
or upon such public vehicles.
(30) To provide for the inspection and sealing of all weights
anel measures in the city, and to enforce the keeping and use by
dealers of proper weights and measures duly tested and sealed.
(31) To license, regulate, restrain or prohibit all theaters, ex
hibitions, public shows, dance halls, games and places of amuse
ment; to prevent all descriptions of gambling and the using of any
and all kinds of gambling devices or fradulent devices, and to pro
vide for the destruction of all such devices.
(32) To license, regulate and control the manufacture, sale or
disposition of intoxicating liquors; to limit the number of places,
and determine the locations where intoxicating liquors may be
sold or tlisposed of; and to prescribe and fix the amount of license
tax to be paid by those who engage in the sale or disposition of
such liquors within the corporate limits of the city.
The Commission shall classify dealers in intoxicating liquors
in the city into wholesalers, retailers, and saloonkeepers, and pres
cribe the conditions upon which the business of selling e)r elispos
ing of intoxicating liquors in the city may be engaged in or car
ried on under said classifications respectively; provided, that in no
event, after the population of the city shall have reached twenty
thousand (20,000), shall licenses be issued for engaging in or car
rying on the business of saloon keeper in the city to exceed in
number the ratio ef erne license for each one thousand (1000) in
habitants, to be determined by the Commission; provided, however,
that th'3 limitation herein last contained shall not apply to legiti
mate hotels in the city having at least one hundred (100) bed
rooms.
Under the initiative, as provided in Chapter XV of this Char
ter, the propesition as to whether or not the manufacture or sale
of intoxicating liquors shall be prohibited in the city may be sub
mitted to and determined by the qualified electors of the city at
an election duly called and held for that purpose, and if a majority
of the votes cast at such election be in favor of prohibition, then
within three (3) months thereafter the manufacture or sale of in
toxicating liquors, as the case may be, shall be prohibted in the
city except for medicinal and sacramental purposes; ami when
prohibition shall so ejbtain in the city the proposition as to whether
or not the manufacture or sale of intoxicating liquors shall be
permitteel in the city may, in like manner, be submitted and de
termined, and if a majority of the votes cast at said election be
in favor of permission, then within one (1) month thereafter the
manufacture and sale of such liquors, as the case may be, shall
be permitted in the city; provided, however, that elections for
eithe-r purpose shall not be held in the city efte-ner than once in
two (2) years, nor within two (2) years of each other.
(33) The Commission shall have the right to provide by ordi
nance for the payment of city taxes in two (2) installments, at
different times of the year, as may be specified in such ordinance.
(34) To regulate, restrain and punish vagrants, mendicants,
lewd persons and prostitutes; to prevent and punish drunkenness,
prize fights, and all offensive, immoral, indecent and disorderly
conduct and practices in the city.
(35) To levy and collect taxes upon all the" real and personal
property in the city, subject to the limitations elsewhere in this
Charter provided.
(3C) To order the repaying by the treasurer of any taxes, per
centages or costs erroneously or illegally collected.
(37) To fix the fees and charges for all official services not
otherwise provided for in this Charter.
(38) To provide an urgent necessity fund not exceeding five
hundred (500) dollars a year, to be expended under the direction
of the mayor.
(39) To provide for the lease of any land or buildings no.v ui
hereafter owned by the city; but all leases shall be made at pub
lic auction to the highest responsible bidder at the highest monthly
rent, after publication of notice thereof for at least ten (10) days,
stating explicitly the time and conditions of the proposed lease;
provided,' that the Commission may in its discretion reject any
and all bids.
(40) To provide for the purchase of property levied upon un
der execution in favor of the city at an amount bid not exceeding
the judgment and costs; to provide for the reconveyance, if any,
of such property so purchaseel, and to make such other rules and
regulations in connection with such purchase and property as may
be proper or expedient.
(41) To provide fer the sale at public auction, after advertis
ing for five (5) days, of personal property unfit or unnecessary for
the use of the city.
(42) To provide for the sale of such portions of the real
property belonging to the city not needed or not likely to be
needed within a reasonable future time; such sale shall be made
to the highest bidder after published notice for not less than twenty
(20) days; and the Commission shall have; the right to reject any
and all bids.
(43) To provide for the execution of all trusts confided to the
city.
(44) To establish or change the grade of any street, avenue.
lane, alley or public place. The grade of any laich street, avenue,
alley, or such public place, having once been officially established
shall not be thereafter changed except upon the payment of all
damages occasioned thereby. The Commission shall by ordinance
provide for the setting of grade stakes when and wherever estab
lished, upon the application of any person interested therein whs
may apply therefor, upon the payment of the ce.st thereof.
(45) To order the whole er any part of any street, avenue.
lane, alley, court or place within the city to be graeled, regraded
to the official graele, paved or repaved, capped fjr recapped,
surfaced or resurfaced, sewered or resewereel, and to order side
walks, manholes, culverts, cesspools, gutters, tunnels, curbings and
cross walks to be constructed therein; to provide for the care of
shade trees planted therein and to cause shade trees to be planted.
set out and cultivated therein; also to order drainage or sanitary
sewers or storm sewers to be constructed on or through private
property; to provide for the lighting of streets, alleys, public
squares and places in saiil city, anel t assess the cost of the instal
lation of lamps, standarels or other devices for such lighting, er
such part of such cost as it may deem proper, against the real
estate of the owners benefited thereby, and from time to time as
it may deem desirable and proper to replace the same er substi
tute others therefor; to provide for the grading or re'grading, pav
ing or repaying, surfacing or resurfacing, capping eir recapping, or
the improvement of such parts of any street, avenue, lane alley,
court or place in the city occupied by the tracks of any street
or other railroad, and for two (2) feet on either side thereof; and
if there be two (2) or more tracks, then also the spaces between
all said tracks, and to assess the cost thereof against the person,
association, firm or corporation owning, operating or maintaining
such railroad, and make such cost a lien on such railroad er rail
roads, and to provide for the enforcement thereof.
Whenever in the judgment of the Commission, or of the people,
the cost and expense of any of the foregoing improvements is t.
be paiel by special assessment on private property, the laws ef the
State of Arizona in force at the lime of the improvement shall
govern and control, and all proceedings shall be in. conformity
therewith; provided, however, that the Commission may by ordi
nance at any time prescribe a different and other procedure there
for. (46) To order the opening, extending, wielening, straightening
or closing of any street, avenue, lane, alley, court or public place
within the city, and to condemn any and all property necessary
or convenient for that purpose and to assess the cost or such part
of the cost thereof as may be proper to the lots or parts of lots of
land benefited thereby, and provide for the ceillection of the same.
The proceedings for condemnation shall be prescribed by, and con
ducted pursuant to the directions and authority of the Commission;
the proceedings for the doing of anything authorized by this sub
division shall be that prescribed by the Commission, not inconsis
tent with the constitution and general laws of the State of Ari
zona. (47) To provide for the lighting of the streets, highways, pun
lie places and public buildings, and for . supplying the city with
water for municipal purposes.
(4S) To set apart as a boulevarel or boulevards any street or
avenue, streets or avenues, over which there is no existing fran
chise for any railroad, and to regulate or prevent any heavy traffic
or teaming thereon; and when any such street or avenue shall
have been set aside as a boulevard no franchise for a railroad, in
terurban railway or street railway shall be granted upon such
boulevard, and no railroad track shall ever be laid along the same
unless an ordinance to that effect shall have been duly passeel by
popular vote as provided in Chapters XV and XVI.
(49) To locate, open and lay out streets, avenues anel alleys in
the City of Phoenix, also public squares, parks and playgrounds;
accept dedicatiems of streets, avenues, alleys, public places, squares,
parks and playgrounds, and vacate such deilication; to vacate and
abandon and close up any street, avenue, alley, public sejuare or
place, park or playground, as in the judgment of the Commission
should be vacated and closed, and permit the closing of the same
against public use; to make proper conveyance of such streets,
avenues, alleys, grounds, parks anel places to the persons entitled
thereto, or make such disposition of the same as may be proper.
(50) When authorized by law to fix anel eletermine by ordi
nance the rates or compensation to be collected by any person, firm
or corporation in the city for the use of water, heat, light, power