PART I
CHARTER*
CHARTER*
__________
* Editors Note: Tucson was first incorporated as a city on Feb. 7, 1877, and became a charter city on March 7, 1883. Part I hereof contains the present Charter of the city, which was ratified March 26, 1929, and became effective upon approval of the governor May 23, 1929. Catchlines in boldface type preceding each section have been added by the editor, but section numbers remain unchanged. Amendments have been inserted in their proper places, and amended and repealed provisions have been deleted. Amendments are noted in parentheses following sections amended by citing the ordinance setting out the amendment followed by the date such amendment was signed by the governor and became effective. The absence of any such citation indicates that the provision has not been amended since the Charter was adopted. In some instances, the editor has added words or phrases in brackets to clarify meaning. Obvious typographical errors have been corrected without comment. The editor has also made certain stylistic changes for the sake of conformity, but no substantive changes have been made.
__________
Chapter I. Name
Sec. 1. Municipality continued; name specified.
Sec. 2. Rights and liabilities continued.
Chapter II. Boundaries
Sec. 1. Omitted.
Chapter III. Government
Sec. 1. Government vested in mayor and council.
Chapter IV. Powers of City
Sec. 1. Enumerated.
Sec. 2. Business privilege tax.
Sec. 3. Business privilege tax for transportation and public safety improvements.
Sec. 5. Additional business privilege and use tax for the Gene Reid Park Zoo.
Chapter V. Officers and Salaries
Sec. 1. Elective officers specified.
Sec. 2. Appointive officers.
Sec. 2.1. Appointive officers and department directors not in the classified service.
Sec. 3. Appointment, term, removal of city manager.
Sec. 4. Appointment, term, removal of city attorney and city clerk.
Sec. 4.1. Appointment, term, removal of city magistrates.
Sec. 5. Repealed by Ord. No. 2080, Nov. 10, 1960.
Sec. 6. Appointment, term, removal of engineer, superintendent of streets, superintendent of water, officers provided by ordinance.
Sec. 7. Appointment, term, removal of police chief and fire chief.
Sec. 8. Salary of mayor.
Sec. 9. Salaries of councilmembers.
Sec. 9.1. Compensation of elected city officers; commission on salaries for elected officers.
Sec. 10. Salary of other officers.
Sec. 11. Salaries of engineer, superintendent of streets, superintendent of water, and officers provided by ordinance.
Sec. 12. Citizenship of clerks and deputies.
Sec. 13. Appointment, removal of deputies, clerks and employees generally.
Chapter VI. The Mayor
Sec. 1. Executive duties generally.
Sec. 2. To preside at council meetings.
Sec. 3. Reports and recommendations to council.
Sec. 4. Recognition by courts and state officials as official city head.
Sec. 5. Emergency powers.
Chapter VII. Powers of Mayor and Council
Sec. 1. Enumerated.
Sec. 2. Advisory arbitration of wage disputes.
Chapter VIII. Vacancies
Sec. 1. Authority of vice-chairman of council in absence or disability of mayor.
Sec. 2. Procedures for filling vacancies in office of mayor or councilmember.
Sec. 3. When vacancies exist.
Sec. 4. Time for filling vacancies; term of appointees.
Sec. 5. Mayor and councilmen not to hold other public office.
Chapter IX. Legislation
Sec. 1. Mayor and council to exercise legislative power.
Sec. 2. Organization and meetings of mayor and council.
Sec. 3. Meeting of mayor and council to be public; journal required.
Sec. 4. Mayor and council to adopt rules of proceedings; substantive action to be by ordinance or resolution.
Sec. 5. Quorum for mayor and council; vote required except for procedural motions; signature, attestation of ordinances and resolutions.
Sec. 6. Form of ordinances and resolutions; enacting clause.
Sec. 7. Vote on motion to reconsider ordinance.
Sec. 8. Signing, attestation, effective date of ordinances, resolutions, franchises; emergency measures; publication and posting required.
Sec. 9. Manner of revising, amending, reenacting ordinances.
Sec. 10. Publication, effective date of ordinances.
Sec. 11. Manner of repealing or suspending ordinances.
Sec. 12. Minutes to be public.
Sec. 13. Right to petition mayor and council; consideration of petitions.
Sec. 14. Failure to vote.
Sec. 15. Exercise of powers under Charter when no procedure prescribed by law.
Chapter X. Powers and Duties of Officers Other Than Mayor and Members of the Council
Sec. 1. City manager.
Sec. 2. Repealed by Ord. No. 2080, § 1, eff. Aug. 26, 1960.
Sec. 3. Repealed by Ord. No. 2080, § 1, eff. Aug. 26, 1960.
Sec. 4. City attorney.
Sec. 5. City engineer.
Sec. 6. Superintendent of streets.
Sec. 7. Police department and chief of police.
Sec. 8. Superintendent of water department.
Sec. 9. Fire department and fire chief.
Sec. 10. City clerk.
Chapter XI. City Board of Health
Sec. 1. Repealed by Ord. No. 2080, § 1, eff. Nov. 10, 1960.
Chapter XII. City Court
Sec. 1. Established; when open; conducting business on nonjuridical days.
Sec. 2. Jurisdiction generally.
Sec. 3. Appointment, duties, term of magistrate.
Sec. 4. Mayor and council to provide courtroom, supplies, clerical help; records required; disposition of fines, fees.
Sec. 5. Authority to issue writs and processes; service; authority to administer oaths.
Sec. 6. Exercise of statutory powers and jurisdiction.
Sec. 7. Appeals.
Sec. 8. Justice of the peace to perform duties if magistrate does not.
Sec. 9. Ordinances giving effect to chapter required.
Chapter XIII. Finance and Taxation
Sec. 1. Fiscal year.
Sec. 2. Mayor and council to provide for assessments, levy, collection of taxes; use of county services; statutory powers authorized.
Sec. 3. Annual estimate of expenditures required.
Sec. 4. Submission of estimate of expenses and revenues to mayor and council.
Sec. 5. Annual budget, required; publication; notice of meeting to fix tax levy.
Sec. 6. Adoption of budget and tax levy.
Sec. 7. Adoption of ordinance setting tax rate.
Sec. 8. Additional power to tax for bonds, libraries, advertising.
Sec. 9. Taxes to be uniform, for public purposes only.
Sec. 10. Property exempt from taxation; general requirements for taxes.
Sec. 11. Deposit of city funds; interest required.
Sec. 12. Investment of city funds.
Sec. 13. Disposition of unexpended budget balances.
Sec. 14. Counter-signature of warrants, checks.
Sec. 15. Annual independent audit required.
Chapter XIV. Official Bonds
Sec. 1. Authority to require; execution; approval of sureties; payment of premiums.
Chapter XV. Procurement
Sec. 1. Application of this chapter.
Sec. 2. Procurement organization.
Sec. 3. Source selection and contract formation.
Sec. 4. Legal and contractual remedies.
Sec. 5. Violation.
Sec. 6. Contracts voided for collusion; letting new contracts.
Chapter XVI. Elections
Sec. 1. To be primary, general or special.
Sec. 2. Date of primary elections; general laws regarding nominations adopted.
Sec. 3. Date of general elections; terms; oath of officers.
Sec. 4. Terms of mayor and councilmen staggered.
Sec. 5. Qualifications for candidates for mayor and councilmen.
Sec. 6. General conduct and control of elections; sample ballots and instructions authorized.
Sec. 7. Applicability of general laws; duties of mayor and council and clerk.
Sec. 8. City to be divided into wards; redistricting.
Sec. 8.1. Redistricting advisory committee.
Sec. 9. Mayor nominated and elected at large; councilmen nominated from wards, elected at large.
Sec. 10. Number of polling places; open hours.
Sec. 11. Qualifications for electors.
Sec. 12. Ordinance to provide for absentee voting.
Sec. 13. Voting machines required.
Sec. 14. Filing and disposition of returns.
Sec. 15. Canvassing returns, declaring results.
Sec. 16. Certification and delivery of results to persons elected; oath of office required.
Sec. 17. Statutes relative to violations of election laws and publicity of finances applicable in city elections.
Sec. 18. General election provisions applicable.
Subchapter A. Campaign Contribution Limitations
Sec. 1. Applications.
Sec. 2. Contributions limited.
Subchapter B. Voluntary Expenditure Limitation
Sec. 1. Campaign contract.
Sec. 2. Candidates' contribution limitations.
Sec. 3. Expenditure limitations.
Sec. 4. Eligibility for public matching funds.
Sec. 5. Public matching funds.
Sec. 6. Establishment of an election campaign account.
Sec. 7. Permitted use of public matching funds.
Sec. 8. Campaign finance administrator; duties thereof.
Sec. 9. Penalties.
Sec. 10. Additional powers of mayor and council.
Chapter XVII. Franchises and Public Utilities
Sec. 1. Election required on franchises.
Sec. 2. Franchises to clearly identify affected public property.
Sec. 3. Authority to regulate public utility rates and services.
Sec. 4. Terms of franchises, rights privileges to be unambiguous; construction of ambiguities.
Sec. 5. Franchise ordinances to prohibit issuing stock on account thereof.
Sec. 6. Utility license and tax authorized.
Sec. 7. Franchised public carriers not to charge mail carriers, policemen, firemen.
Sec. 8. Authority to require raising or lowering of railroad tracks.
Sec. 9. Franchises subject to certain rights of city.
Sec. 10. Exclusive franchises prohibited; renewal of franchises before expiration.
Sec. 11. Consent required to lease or assign franchises.
Sec. 12. Provisions applicable to changes in existing franchises; exemptions from franchise provisions.
Sec. 13. Manager to keep franchise record.
Sec. 14. Temporary permits for franchise holders to use streets, public places.
Sec. 15. Maximum period of twenty-five years for granting, extending, renewing franchises.
Sec. 16. A tax on gross income or gross value or gross proceeds of sales and services of public utilities.
Chapter XVIII. Provisions Relating to Officers and Employees
Sec. 1. Mayor and councilmen holding other offices prohibited.
Sec. 2. Conflict of interest of officers and employees.
Sec. 3, Political or religious discrimination prohibited.
Sec. 4. Strikes or work interruptions.
Chapter XIX. The Initiative
Sec. 1. Petition authorized; number of signatures.
Sec. 2. Form of initiative petition.
Sec. 3. Provisions relative to recall applicable to initiative.
Sec. 4. Mayor and council to either adopt ordinance or call election.
Sec. 5. Printing and publication of propositions required to be submitted to voters.
Sec. 6. Form of ballots; proclamation of results of election.
Sec. 7. Number of proposed ordinances to be voted on not limited.
Sec. 8. Limit on number of special initiative elections.
Sec. 9. Repeal or amendment of initiated ordinances.
Sec. 10. Additional powers of mayor and council.
Chapter XX. The Referendum
Sec. 1. Limitation of effective date of ordinances; petition referendum; reconsideration of ordinances; election required; applicability of recall provisions.
Sec. 2. Submission of ordinances to electors upon motion of mayor and council; submission of additional questions at special elections; conflicting measures adopted by electors.
Sec. 3. Additional powers of mayor and council.
Chapter XXI. Recall
Sec. 1. Officers subject to recall.
Sec. 2. Procedure for initiating recall; petitions required.
Sec. 3. Form, number of signatures on petitions; oath; filing, endorsement of petitions.
Sec. 4. Adding or removing signatures prohibited after petition filed.
Sec. 5. Clerk to examine, certify petitions.
Sec. 6. Notice of insufficiency of petitions; filing additional signatures authorized.
Sec. 7. Clerk to certify sufficient petitions to mayor and council; notice to officer; calling elections.
Sec. 8. Arrangement for and conduct of election.
Sec. 9. Candidacy of officer sought to be removed.
Sec. 10. Nominations, notice, conduct of recall elections to conform to election provisions.
Sec. 11. Incumbent continued in office until election; persons declared elected; vacancy for failure of successor to qualify.
Sec. 12. Recall prohibited until officer serves six months.
Sec. 13. Appointing recalled officers to public office.
Sec. 14. Additional powers of mayor and council.
Chapter XXII. Civil Service
Sec. 1. Appointment, terms, qualifications of commissioners; political affiliation.
Sec. 2. Organization of commission; removal of commissioners; vacancies; mayor and council to provide equipment.
Sec. 3. Persons in classified service; status of covered persons; removal, demotion, suspension procedure; taxpayer's right of action for violating provisions.
Sec. 4. General duties of commission.
Sec. 5. Administrative support to commission.
Sec. 6. Compensation of commission; appropriation to carry out civil service provisions.
Sec. 7. Layoffs.
Chapter XXIII. Pension Fund
Sec. 1. Established; authority of mayor and council.
Chapter XXIV. Boards, Commissions, Committees, Etc.
Sec. 1. Authority to establish, prescribe Powers and duties.
Chapter XXV. Miscellaneous Provisions
Sec. 1. Additional compensation of officers prohibited; rewards for police excepted.
Sec. 2. Existing offices and employees continued in office; effective date of salaries of mayor and councilmen.
Sec. 3. Original employment of city manager.
Sec. 4. Existing ordinances, resolutions, regulations continued in effect.
Sec. 5. Violations of Charter and ordinances.
Sec. 6. Authority to annex territory.
Sec. 7. Plenary powers of mayor and council.
Sec. 8. Political activities by employees prohibited.
Sec. 9. Continuation of previously commenced prosecutions.
Sec. 10. Previously employed policemen and firemen declared under civil service.
Sec. 11. Effect of civil service on police and fire chiefs.
Sec. 12. Limitations on claims for damages.
Sec. 13. Neighborhood protection; voter approval of freeways, parkways, controlled-access highways and grade-separated interchanges.
Chapter XXVI. Amendments
Sec. 1. Authorized; procedure.
Chapter XXVII. Reserved
Chapter XXVIII. Reserved
Chapter XXIX. Department of Finance
Sec. 1. Established; qualifications of director.
Sec. 2. Director to be bonded.
Sec. 3. Powers, duties of director.
Sec. 4. Appointment of director; term; removal; applicability of civil service; salary.
Chapter XXX. Department of Human Resources
Sec. 1. Established; qualifications of director.
Sec. 2. Duties of director.
Sec. 3. Appointment of director; term; removal; applicability of civil service; salary.
Chapter XXXI. Department of Parks and Recreation
Sec. 1. Established; qualifications for director.
Sec. 2. Duties of director.
Sec. 3. Appointment of director; term; removal; applicability of civil service; salary.