Sec. 1. Enumerated.

The city shall have power:

   (1)   Perpetual succession. To have perpetual succession.

   (2)   Corporate seal. To have and use a corporate seal and alter it at pleasure.

   (3)   To sue and be sued. To sue and be sued in all courts and in all actions and proceedings whatsoever.

   (4)   Purchase, receipt, etc., of property.* To purchase, receive, have, take, hold, lease, use and enjoy property of every kind and description, both within and without the limits of said city, and control and dispose of the same for the common benefit.

   (5)   Receipt of gifts, devises, etc. To receive bequests, devises and donations or property of every kind, either absolutely or in trust for charitable, or other purposes, and do all acts necessary to carry out the purpose of such bequests, devises and donations, and to manage, control, sell or otherwise dispose of such property in accordance with the terms of such bequests, devises or donations.

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*   Annotation--The city has authority under ch. IV, 1(4) to exchange property without advertising for bids or following other requirements of statute because the statute is not applicable to charter cities having inconsistent provisions. City of Tucson v. Arizona Alpha of Sigma Alpha Epsilon, 67 Ariz. 330, 195 P. 2d 562.

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   (6)   Acquisition of property for certain public purposes. To acquire, by purchase, condemnation or otherwise, and to erect and maintain buildings for municipal purposes, and to acquire by purchase, lease, condemnation, construction or otherwise, and to establish, own, equip, maintain, conduct, operate, regulate, and control libraries, reading rooms, art galleries, assembly halls, museums, schools, kindergartens, parks, playgrounds, gymnasiums, places of recreation, baths, public toilets and comfort stations, markets, market houses, abattoirs, dairies, municipal tenements, dispensaries, infirmaries, hospitals, charitable institutions, jails, housed of correction, and farm schools, work houses, detention homes, morgues, cemeteries, crematories, garbage collection, garbage disposal and garbage reduction works, street cleaning, street paving and sprinkling plants, quarries, rockcrushers, sewer farms, sewage disposal plants, and any and all works, buildings, establishments, institutions and places, whether situated within or without the city limits, which are necessary or convenient for the transaction of public business, or for promoting the health, morals, education or welfare of the inhabitants of the city or for their benefit; to exclude cemeteries from the limits of the city or any portion thereof.

   (7)   Acquisition, establishment, etc., of certain public utilities. To acquire by purchase, condemnation or otherwise, and to establish, maintain, equip, own and operate works and appliances within and without the city for supplying the city and its inhabitants, also persons, firms and corporations outside the city, including other municipal corporations, with water, gas, electric light, heat or power, telephone service, telegraphic service, or other works or appliances, for the production or distribution of any public utility within or without the city.

   (8)   Acquisition, construction, etc., of transportation system. To acquire by purchase, condemnation or otherwise, and to construct, establish, own, equip, maintain and operate, electric, steam or other railways or transportation systems, or services, within or without the city, and to sell or lease the same.

   (9)   Acquisition of property for street, etc., railway purposes. To acquire by purchase, condemnation or otherwise, lands, rights-of-way and property, both real and personal, within or without the city, for street or interurban or other railways, or other public ways, or other transportation systems, and all necessary equipment and terminals and terminal facilities therefor, or to control, operate, sell or lease the same.

   (10)   Care of sick and helpless, etc. To provide for the care of the sick and helpless, and to make regulations to prevent the spread of diseases.

   (11)   Improvement and maintenance of streets, alleys, etc. To establish and change the grade and to lay out, open, extend, widen, change, vacate, pave, repave, gravel, surface, resurface, or otherwise improve streets, alleys, sidewalks, crossings, and other highways, and public squares and places, to make provisions for cleaning and sprinkling the same, and to construct therein any works necessary or convenient for providing any public service or utility.

   (12)   Construction and maintenance of sewers. To construct and maintain sewers, drains, and all other works for disposition of sewage and storm waters, both within and without the city.

   (13)   Acquisition of land for carrying underground wires, conduits, etc., use or lease of facilities. To acquire by purchase, condemnation, construction, lease or otherwise, land or rights-of-way, and to construct, maintain, equip and operation tunnels and conduits through or under any street, right-of-way or any public property, for carrying wires, pipes or other means of conduct for public utilities, or other purposes, and to use, or lease or rent to persons, firms, or corporations, the use of such tunnels and conduits.

   (14)   Sale and purchase of water, heat, etc. To sell, within or without the city, water and any form of heat or power, and all products of, or service by, any public utility conducted or operated by the city, and to purchase the same.

   (15)   Assessment of property for taxation; levy and collection of taxes for various municipal purposes.* To assess property within the city for taxation for any municipal purpose, and to levy and collect taxes on such property, or to provide for such assessments, levy and collection of taxes by officers of the county in which the city is situated, or otherwise, and to assess, levy and collect, or Cause to be assessed, levied and collected, assessments upon property to pay for the acquisition of lands for parks and playgrounds, and to pay for acquiring, grading, regrading, laying out, opening, widening, extending or improving or rights-of-way, streets, alleys, sidewalks, crossings and other highways, and public squares and places, and to pay for the construction of sewers, water, storm water, gas and other pipes, mains and conduits, and for the construction in any street or streets or public place or places, of any works or means necessary or convenient for providing therefor any public service or utility; to pay for planting, maintenance and care of grass, trees and shrubbery upon property belonging to or under the control of the city, and for the removal of grass, weeds, or obstructions therefrom, and for the removal from lands or lots of weeds, rubbish or other material. Provided: That any law of the State of Arizona, now existing or hereafter passed, and applicable to the City of Tucson, as to manner, methods or means of assessment, collection and enforcement of taxes or special assessments may be available of [sic] by the city. (Ord. No. 1142, eff. 6-23-48)

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*   Cross References: Taxation generally, ch. XIII, § 6 et seq.

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   (16)   Reserved.

   Editor's note--Pursuant to the provisions of Ord. No. 5130, adopted Apr. 7, 1980, at a special election held June 30, 1980, ch. IV, § 1(16), relating to creation and limitation on indebtedness and method of increase of debt limitation, approved by the governor Oct. 1, 1980, was repealed.

   (16a)   Vote required for certain types of bond issues. Notwithstanding any other provisions of this Charter, and with the exception of refunding bond issues, special assessment or improvement district and redevelopment or tax increment bonds, after the effective date of this subsection the city shall not issue or authorize the issuance of any bonds which pledge city tax revenues as a guarantee for their payment, in whole or in part, without the approval of a majority of the qualified electors of the city voting at an election called for that purpose. (Ord. No. 4704, eff. 11-28-77)

   (17)   Reserved.

   Editor’s note—Ch. IV, § 1(17) was repealed by Ord. No. 1142, eff. 6-23-48. The provision was inadvertently retained in the published version of the Charter until April, 2015.

   (17a)   Added by Ord. No. 1835; repealed by Ord. No. 2297.

   (18)   Licensing and regulation of professions, trades, etc.; regulations and restraint of certain businesses; suppression of gambling, bawdy houses, etc.* To license and regulate places of amusement and the carrying on of any and all professions, trades, callings, occupations and kinds of business carried on within the limits of said city, and to fix the amount of license tax thereon, to be paid by all persons engaged in carrying on such places of amusement and such professions, trades, callings, occupations and kinds of business in said city; and to provide for the manner of enforcing the payment of such license tax; and to regulate, restrain, suppress or prohibit hawking and peddling, and the carrying on of any laundry, garage, gasoline or other oil or service stations, livery and sale stable, cattle or horse corral, planing mill, rolling mill, rockcrusher, tank or refinery, foundry, brick yard, slaughterhouse, butcher shop, manufactory or manufacturing plant, and the keeping of animals, cattle or fowls within the limits, or within any designated portion of, said city; and to prohibit and suppress all games of chance, gambling houses, bawdy houses, and all places where intoxicating liquors are sold or kept, or offered for sale or given away, and any and all obnoxious, offenses [offensive], immoral, indecent or disreputable places or practices within the said city.

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*   Annotations--Ch. IV, § 1(18) authorizes the city to license and regulate electricians, so long as said licensing and regulatory provisions are not arbitrary or unreasonable. City of Tucson v. Stewart, 45 Ariz. 36, 40 Pac. 2d 72.

Person who raises plants and sells them as seedlings for transplanting is liable for occupational tax as nurseryman even though many plants are nonbearing fruit trees. Plaintiffs contention that the tax was illegal because of statute providing right of producer to sell his own food products would not be restricted was rejected. Monthan v. City of Tucson, 80 Ariz. 179, 294 P. 2d 668.

Mortuaries are subject to reasonable police regulation as to location as well as the manner in which they are conducted. City of Tucson v. Arizona Mortuary, 34 Ariz. 495, 272 Pac. 293.

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   (19)   Protection against fires, floods, etc.; police and sanitary regulations. To make, adopt and enforce all necessary rules and regulations for the prevention of fires, floods and riots, and to make and enforce all such local, police, sanitary and other regulations as are deemed expedient to maintain the public peace, protect property, promote the public morals and welfare, and preserve the health of the inhabitants of the city.

   (20)   Municipal elections; boards of election.* To provide for the manner in which and the times at which any municipal election shall be held and the result thereof determined; and for the manner in which and the times at which, and the terms for which, the members of all boards of election shall be elected or appointed, and for the constitution, regulation, compensation and government of such boards, and of their clerks and attaches; and for all expenses incident to the holding of any election, except as otherwise provided in this Charter.

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*   Cross References: Elections generally, ch. XVI.

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   (21)   Violation of ordinances. To make the violation of its ordinances a misdemeanor, and to prescribe the punishment of such violations, which punishment shall be by fine or imprisonment, or by both fine and imprisonment.*

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*   Code references--General penalty, 1-8; imprisonment in city or county jail, § 1-9.

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   (22)   Eminent domain. To exercise the right of eminent domain for the purpose of acquiring real and personal property of every kind, including water, water rights and waterworks, within or without the corporate limits, necessary or convenient for the use of the said city or its inhabitants.

   (23)   Joining with other public corporations for certain municipal purposes. To join with one (1) or more public corporations for the purpose of acquisition, construction, ownership, operation, control, or use, within or without, or partly within and partly without the city, of public utilities, or of works, property or rights, necessary or convenient for the disposition of garbage, sewage, storm water, or refuse matter, upon such terms and conditions and to the extent provided for by general law or by ordinance, and to incur bonded indebtedness for such purposes; provided, that the city shall not so join for any such purpose or purposes without the assent of a majority of the qualified electors of the city voting on the question at a general or special election at which such questions may be submitted. (Ord. No. 5861, § 1, eff. 11-22-83)

   (24)   Acquisition of property for other public utility purposes; disposition of property acquired. To acquire by purchase, condemnation or otherwise, such lands or other property or rights within or without the city, as may be necessary or convenient for the establishment, maintenance and operation of any public utility, or to provide for and effectuate any other public purpose, and to hold, use, improve, operate, control, lease, convey or otherwise dispose of the same for the benefit of the city.

   (25)   Lease of public utilities owned by city; lease procedure; authority of electors as to acquisition and disposition of public utilities. To lease to persons, firms or corporations for the purpose of maintenance, operation or use, any public utility owned or controlled by the city, and to provide for the leasing of any lands now or hereafter owned by the city by ordinance duly adopted, provided, that any such leases shall reflect fair market value of the leasehold unless the legislative body determines that the public interest requires otherwise, provided, that no public utility shall be purchased, leased, acquired, sold or in any manner disposed of without the assent of a majority of the taxpayers, who must be qualified electors of the city, voting on the question at a general or special election at which such question may be submitted. (Ord. No. 7274, § 1, eff. 12-11-89)

   (26)   Acquisition of lands for parks and recreational purposes. To acquire, own and control, within or without the city, lands for parks and recreational purposes, and to maintain or control the same, and to construct and maintain highways in connection therewith.

   (27)   Borrowing money. To borrow money for any of the purposes for which the city is authorized to provide for, for carrying out of any of the powers which the city is authorized to enjoy and exercise, and to issue bonds and warrants therefor, subject, however, to the restrictions and limitations in this Charter otherwise provided. (Ord. No. 1142, eff. 6-23-48)

   (28)   Civil service commission.* To establish a civil service commission, prescribe its duties and powers, and to do all things necessary to carry into effect and maintain civil service rules and regulations in the departments of the city as provided by this Charter.

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*   Cross References: Civil service, ch. XXII.

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   (29)   Additional powers; cumulative powers. The city shall have and may exercise all further and additional powers necessary or appropriate to a municipal corporation and the general welfare of its inhabitants, or granted by the laws of the state, and which it would be competent and lawful for this Charter to enumerate or set forth specifically, and the specification or enumeration herein of any particular powers shall not be deemed to be exclusive. Whenever any power is conferred by this Charter, and different methods of procedure are provided for the exercise thereof, or if the power be conferred in different terms, in two (2) or more provisions, such different methods or manner of exercising such power or powers shall not the one affect or modify the other, but they shall be deemed accumulative and selective.

Sec. 2. Business privilege tax.

Notwithstanding the limitations, restrictions, and conditions set forth in section 1, chapter IV, and in chapter XIII of the Charter of the City of Tucson, for the purpose of reducing the tax levy on real and personal property, and for the payment of any, and all kinds of city expense, the city shall have the power to impose, levy and collect a transaction privilege tax not exceeding two (2) percent of the gross income, or gross value, or gross proceeds of sale, as the case may be, of the business done by the taxpayer; provided, however, that while and during the time a tax is imposed by authority of and pursuant to this section, the taxpayer upon whom the tax is imposed, except liquor dealers and licensees, shall be exempted from payment of the city occupational tax specified and authorized in subsection (18) of section 1 of chapter IV, of the Charter of the City of Tucson; and also provided, however, that while and during the time a tax is imposed by authority of and pursuant to this section, the taxpayer upon whom the tax is imposed is hereby exempted from payment of the tax to the extent of the gross income. or gross value, or gross proceeds, as the case may be, of the business done by the taxpayer from the sale of food products for human consumption, excepting, however, those food products ordinarily consumed on the premises such as in restaurants, or at stands, or at drive-ins, or prepared carried out foods such as pizzas or delicatessen foods, and also provided that, while and during the time any tax is imposed and for which it is collected pursuant to and by authority of this section, no ad valorem tax shall be assessed, levied, or collected upon any real or personal property within the corporate limits by the City of Tucson in excess of one dollar and seventy-five cents ($1.75) per hundred dollars assessed value.

(Ord. No. 2297, § 1, eff. 7-2-62; Ord. No. 3346, § 1, eff. 12-29-69)

   Editors Note: Ch. IV. § 2, was amended at a referendum election held Dec. 16, 1969, pursuant to the mandate of Ord. No. 3346, § 1, enacted Oct. 16, 1969. The mayor certified the result of the election on Dec. 22, 1969. and the governor approved the amendment on Dec. 29, 1969. The amendment increased the tax from 1 to 2 and added the exception for sales of food products.

   Code reference--Sales of food products for human consumption exempt from transaction privilege taxes, § 19-120.

Sec. 3. Business privilege tax for transportation and public safety improvements.

   A.   In addition to the powers described in Chapter IV, Section 2 of this charter, during the time period beginning on July 1, 2017 and ending on June 30, 2032, the city shall have the power to impose, levy and collect a transaction privilege tax and use tax not exceeding five-tenths of one percent (0.5%) for the payment of city expenses for the following purposes:

   (1)   Street improvements: restoration, repair, resurfacing and improvement of the condition of local, neighborhood city streets, including all necessary costs in connection therewith; and

   (2)   Street safety improvements, including but not limited to bicycle and pedestrian safety improvements, sidewalks, traffic signal technology, and lighting.

   B.   There shall be established a street improvements fund which shall consist of one hundred percent (100%) of all revenues collected from the tax authorized under section 3(a) above, as well as any interest earned on those monies. The director of finance shall deposit all monies received from the designated tax revenues into this fund, and shall invest monies in the fund, and all accounts therein as provided by Chapter XXIX of this Charter. The director of finance shall credit monies earned from these investments to the fund. The street improvements fund shall be administered as follows:

   1.   Eighty cents ($0.80) of each dollar in the street improvement fund shall be used for restoration, repair, resurfacing and improvement of the condition of local, neighborhood streets;

   2.   Twenty cents ($0.20) of each dollar in the street improvement fund shall be used for street safety improvements, including but not limited to bicycle and pedestrian safety improvements, sidewalks, traffic signal technology, and lighting.

   3.   Monies from the street improvement fund shall be appropriated by the mayor and council only for the purposes set forth in this section.

   C.   The power to impose, collect and levy the taxes authorized by section 3(a) above shall expire on June 30, 2032, unless that power is extended or renewed by the approval of a majority of the qualified electors of the city voting at an election called for that purpose.

   D.   Nothing in this section shall modify or affect the collection or expenditure of taxes authorized by the city's voters under proposition 101 approved at the special election held on May 16, 2017.

   Editors Note: Ch. IV. § 3, was added at a special election held May 16, 2017, pursuant to the provisions of Ord. No. 11421. The mayor certified the result of the election on June 8, 2017. and the governor approved the amendment on June 21, 2017. The amendment authorized a tax to fund street improvements and public safety investments for a period of five years. Ch. IV. § 3, was amended at a special election held May 17, 2022, pursuant to the provisions of Ord. No. 11904. The mayor certified the result of the election on May 25, 2022 and the governor approved the amendment on September 8, 2022. The amendment authorized a tax to fund street improvements and public safety investments for a period of ten years.

Sec. 5. Additional business privilege and use tax for the Gene Reid Park Zoo.

   A.   In addition to the powers otherwise described in Chapter IV of this Charter, and over and above any existing tax, the city shall have the power to impose, levy and collect a transaction privilege and use tax not exceeding one-tenth of one percent (0.1%) for the sole and exclusive purpose of providing additional funding to the Gene Reid Park Zoo as described in this section.

   B.   There shall be established a Gene Reid Park Zoo improvement fund, which shall consist of all revenues collected from the tax authorized under section 5(A), above, as well as any interest earned on those monies. The director of finance shall deposit all monies in the fund, and all accounts therein as provided by Chapter XXIX of this Charter. The director of finance shall credit monies earned from these investments to the fund.

   C.   The Gene Reid Park Zoo improvement fund shall be administered as follows:

   1.   Every dollar in the Gene Reid Park Zoo improvement fund shall be used for capital improvements, operations, and maintenance at the Gene Reid Park Zoo.

   2.   Monies from the Gene Reid Park Zoo improvement fund shall be appropriated by the mayor and council only for the purposes set forth in this section.

   3.   Monies from the Gene Reid Park Zoo improvement fund shall supplement and not supplant the monies that would otherwise be appropriated by the mayor and council to the Gene Reid Park Zoo.

   D.   The power of the city described in section 5(A) above shall be effective on January 1, 2018, and shall terminate on December 31, 2027.

   Editor’s note—Ch. IV. § 5, was added at a special election held November 7, 2017, pursuant to the provisions of Ord. No. 11485. The mayor certified the result of the election on December 1, 2017.