PROPOSED CODE OF ORDINANCES FOR THE
TOWN OF SUPERIOR, ARIZONA
Prepared By
Mr. Bill Tifft
Attorney for Superior
;
The preparation of this code was financed in part through an urban
planning grant made by the Department of Housing and Urban Development
to the Office of the Governor, State of Arizona, under the provisions
of Section 701 of the Rousing Act of 1954, as amended. Editorial
and clerical assistance in the preparation of this code was provided
by the League of Arizona Cities and Town’s under contract
with the Governor‘s Office for the purpose of rendering
technical assistance and services to Arizona cities and towns.
AN ORDINANCE OF THE TOWN OF SUPERIOR, ARIZONA, ADOPTING “THE
CODE
OF THE TOWN OF SUPERIOR, ARIZONA” BY REFERENCE, PROVIDING
PENALTIES
FOR THE VIOLATION THEREOF, AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
SUPERIOR, ARIZONA:
Section 1: that
certain document, known as “The Code of the Town of Superior,
Arizona”, three copies of which are on file in the office
of the town clerk of the Town of Superior, Arizona, which document
was made a public record by Resolution No. 8 of the Town of Superior,
Arizona is hereby referred to, adopted and made a part :.thereof
as if fully set out in this ordinance.
Section 2: Any
person found guilty of violating any provision of this code shall
be guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine of not to exceed three hundred dollars or
by imprisonment. Each day that violation continues shall be a
separate offense punishable as herein above described.
Section 3: All ordinances and parts
of ordinances in conflict with the provisions of this ordinance
or any part of the code adopted herein by reference, are hereby
repealed.
Section 4: If
any section, subsection, sentence, clause, phrase or portion of
this ordinance or any part of the code adopted herein by reference,
is for any reason held to be invalid or uncon5titutional by the
decision of any court of competent juris°©diction, such
decision shall not affect the validity of the re°©maining
portions thereof.
Section 5: Whereas, it is necessary for the preservation of the
peace, health and safety of the Town of Superior, Arizona, an
emergency is declared to exist1 and this ordinance shall become
immediately operative and in force from and after the date of
posting hereof.
PASSED AND ADOPTED by the Mayor and Common Council of the Town
of Superior, Arizona, the 16th day of June, 1977.
APPROVED this 16th day of June, 1977, by the affirmative vote
of three fourths of the members of the Common Council of the Town
of Superior, Arizona.
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Attorney
Mayor
Town of Superior
POST OFFICE BOX 158 SUPERIOR.
AZ. 85273
OFFICE OF THE MAYOR
(602) 669-57s2
RESOLUTION NO. 8
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
SUPERIOR, ARIZONA1 DECLARING AS A PUBLIC RECORD THAT CERTAIN
DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLES “THE CODE
OF
THE TOWN OF SUPERIOR, ARIZONA, AND DECLARING AN EMERGENCY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
SUPERIOR, ARIZONA:
THAT certain document entitled “ THE CDOE OF THE TOWN OF
SUPERIOR, ARIZONA”, three copies of which are on file in
the office of the town clerk, is hereby declared to be a public
record, and said copies are ordered to remain on file with the
town clerk.
WHEREAS, it is necessary for the preservation of the peace, health
and safety of the Town of Superior, Arizona, and emergency is
declared to exist, and the resolution shall be effective immediately
upon its passage and adoption.
PASSED AND ADOPTED BY THE Mayor and Common Council of the Town
of Superior, Arizona, this 16th day of June, 1977.
APPROVED this 16th dày of June, 1977 by the affirmative
vote of three fourths of the members of the Common Council of
the Town of Superior, Arizona.
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Chapter 1 General
Article 1-1 HOW CODE DESIGNATED AND CITED
The ordinances embraced in the following chapters and sections
shall constitute and be designated “The Code of the Town
of Superior, Arizona”, and may be so cited. Such code may
also be Cited as the “Superior Town Code”.
Article 1-2 CONSTRUCTION OF ORDINANCES
The rules and the definitions set forth in this chapter shall
be observed in the construction of this Code and the ordinances
of the town unless such construction would be inconsistent with
either the manifest intent of the council or the context of this
code or the ordinances of the town.
Article 1-3 DEFINITIONS*
1-3-1 General Rule Regarding Definitions
1-3-2 Acts by Agents
1-3-3 Clerk
1-3-4 Code
1-3-5 Council
1-3-6 Day
1-3-7 Daytime, Nighttime
1-3-8 Department, Board, Commission, Office,
Officer or Employee
1-3-9 Gender; Singular and Plural
1-3-10 In the Town
1-3-11 Joint Authority
1-3-12 Month
1-3-13 Oath
1-3-14 Or, And
1-3-I5 Person
1-3-16 Personal Property
1-3-17 Preceding, Following
1-3-18 Property
1-3-19 Real Property
1-3-20 Shall, May
l-3-21 Shall Have Been
1-3-22 Signature or Subscription by Mark
1-3-23 State
1-3-24 Tenant or Occupant
1-3-25 Tenses
1-3-26 Time--Computation
1-3-27 Time--Reasonable
1-3-28 Town
1-3-29 Week
1-3-30 Writing
1-3-31 Year
*State law reference. For definitions and construction of statutes
generally, see A.R.S., 1-211 to 1-21
1-3-1 General 1-3-8
Section 1-3-1 General Rule Regarding Definitions
All words and phrases shall be construed and understood according
to the common and approved usage of the language; but technical
words and phrases and such others as may have acquired a
peculiar and appropriate meaning in the law shall be construed
and understood according to such peculiar and appropriate
meaning.
Sec. 1-3-2 Acts by Agents
When an ordinance requires an act to be done which may by
law as well be done by an agent as by the principal, such
requirement shall be construed to include all such acts when
done by an authorized agent.
Sec. 1-3-3 Clerk
Whenever the word “clerk” is used, it shall be
construed to mean the town clerk of the Town of Superior,
Arizona.
Sec. 1-3-4 Code
The words “the code” or “this code” shall
mean “The Code of the Town of Superior, Arizona”,
unless the context indicates otherwise.
Sec. 1-3-5 Council
Whenever the word ‘council” is used, it shall
be construed to mean the common council of the Town of Superior,
Arizona.
Sec. 1-3-6 Day
A “day” is the period of time between any midnight
and the midnight following.
Sec. 1-3-7 Daytime, Nighttime
“Daytime” is the period of time between sunrise
and sunset. “Nighttime” is the period of time
between sunset and sunrise.
Sec. 1-3-8 Department, Board, Commission, Office, Officer
or Employee
Whenever any “department, board, commission, office,
officer or employee” is referred to, it shall mean
a department, board, commission, office, officer or employee
of the town, unless the context clearly indicates otherwise.
1-3-9 General 1-3-17
Sec. 1-3-9 Gender; Singu1ar and Plural
Words of the masculine gender include the feminine; words
in the singular number include the plural and words in the
plural number include the singular.
Sec. 1-3-10 In the Town
The words “in the town” or “within the
town” shall mean and include all territory over which
the town now has, or shall hereafter acquire, jurisdiction
for the exercise of its police powers or other regulatory
powers.
Sec. 1-3-1l Joint Authority
All words purporting to give a joint authority to three or
more town officers or other persons shall be construed as
giving such authority to a majority, of such officers or
other persons unless it shall be otherwise expressly declared
in the law giving the authority.
Sec. 1-3-12 Month
The word “month” shall mean a calendar month.
Sec. 1-3-13 Oath
“Oath” includes affirmation or declaration.
Sec. 1-3-14 Or, And
“Or” may be read “and”, and “and” may
be read “or” if the sense requires it.
Sec. 1-3-15 Person
The word “person” shall extend and be applied
to firms, corporations or voluntary associations, as well
as to individuals, unless plainly inapplicable.
Sec. 1-3-16 Personal Property
The word “property” shall include real and personal
property.
Sec. 1-3-17 Preceding, Following
The words “preceding” and “following” mean
next before and next after, respectively.
1-3-18 General 1-3-26
Sec. 1-3-18 Property
The word “property” shall include real and personal
property.
Sec. 1-3-19 Real Property
Real property shall include lands, tenements and hereditaments.
Sec. 1-3-20 Shall, May
“Shall” is mandatory and “may” is permissive.
Sec. 1-3-21 Shall Have Been
The words “shall have been” include past and
future cases.
Sec. 1-3-22 Signature or Subscription by Mark
“Signature” or “subscription” includes
a mark when the signer cannot write, such signer’s or subscriber’s
name being written near the mark by a witness who writes his own
name near the signer’s or subscriber’s name; but a
signature or subscription by mark can be acknowledged or can serve
as a signature or subscription to a sworn statement only when
two witnesses so sign their own names thereto.
Sec. 1-3-23 State
The words “the state” shall be construed to mean
the State of Arizona.
Sec. 1-3-24 Tenant or Occupant
The word “tenant” or “occupant” applied
to a building or land shall include any person holding a
written or an oral lease or who occupies the whole or part
of such building or land, either alone or with others.
Sec. 1-3-25 Tenses
The present tense includes the past and future tenses, and
the future includes the present.
Sec. 1-3-26 Time-Computation
The time within which an act is to be done as provided in
this code or in any order issued pursuant to any ordinance,
when expressed in days, shall be computed by excluding the
first day and including the last, except that if the last
day is a Sunday or holiday it shall be excluded; and when
such time is expressed in hours, the whole of Sunday or a
holiday, from midnight to midnight, shall be excluded.
1-3-27 General 1-4-2
Sec. 1-3-27 Time-Reasonab1e
In all cases where any section of this code shall require
any act to be done in a reasonable time or reasonable notice
to be given, such reasonable time or notice shall be deemed
to mean such time only as may be necessary for the prompt
performance of such duty, or compliance with such notice.
Sec. 1-3-28 Town
Whenever the word “town” is used, it shall be
construed to mean the Town of Superior, Arizona.
Sec. 1-3-29 Week
A “week” consists of seven consecutive days.
Sec. 1-3-30 Writing
“Writing” includes any form of recorded message capable
of comprehension by ordinary visual means. Whenever any notice,
report, statement or record is required or authorized by this
code, it shall be made in writing in the English language unless
it is expressly provided otherwise.
Sec. 1-3-31 Year
The word “year” shall mean a calendar year, except
where otherwise provided.
Article 1-4 REFERENCE TO CHAPTERS, ARTICLES, OR SECTIONS:
CONFLICTING
PROVISIONS
1-4-1 Additional Rules
of Construction
1-4-2 References to this
Code
1-4-3 Conflicting Provisions--Different
Chapters
1-4-4 Conflicting Provisions--Same
Chapter
Section 1-4-1 Additional Rules of Construction
In addition to the rules of construction specified in Articles
1-2 and 1-3, the rules set forth in this article shall be
observed in the construction of this code.
Sec. 1-4-2 References to this Code
All references to chapters, articles or sections are to the
chapters, articles and sections of this code unless otherwise
specified.
1-4-3 General 1-8
Sec. 1-4-3 Conflicting, Provisions--Different Chapters
If the provisions of different chapters of this code conflict
with or contravene each other, the provisions of each chapter
shall prevail as to all matters and questions growing out
of the subject matter of such chapter.
Sec. 1-4-4 Conflicting Provisions--Same Chapter
If conflicting provisions are found in different sections
of the same chapter, the provisions of the section which
is last in numerical order shall prevail unless, such construction
is inconsistent with the meaning of such chapter.
Article 1-5 SECTION HEADINGS
Headings of the several sections of this code are intended
as a convenience to indicate the contents of the section
and do not constitute part of the law.
Article 1-6 EFFECT OF REPEAL
When any ordinance repealing a former ordinance, clause or
provision, shall be itself repealed, such repeal shall not
be construed to revive such former ordinance, clause or provision,
unless it shall be expressly so provided. The repeal of an
ordinance shall not affect any punishment or penalty incurred
before the repeal took effect nor any suit, prosecution or
proceeding pending at the time of the repeal, for any offense
committed under the ordinance repealed.
Article 1-7 SEVERABILITY OF PARTS OF CODE
It is hereby declared to be the intention of the council
that the sections, paragraphs, sentences, clauses and phrases
of this code shall be severable, and if any provision of
this code is held unconstitutional for any reason by a court
of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining provisions of the code.
Article 1-8 Penalty, Criminal, Civil Traffic Violations
A. Any person found guilty of violating
any provisions of this code, except as otherwise provided
in this code, shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not to
exceed one thousand do11ar~s or by imprisonment for a period
not to exceed six months, or by both such fine and imprisonment.
Each day that a violation continues shall be a separate offense
punishable as here-in-above described.
B. Any violation of or failure or refusal
to do or perform any act required or the performance of an
act prohibited by the provisions of Chapter II, Articles
11-2 and 11-3 of the Town Code and any amendments thereto
constitutes a civil traffic violation. Civil traffic violations
are subject to the provisions of Title 28, Chapter 6, Article
20 and 21, Arizona Revised Statutes and amendments thereto.
1-9 General 1-10
Article 1-9 REPEAL OF EXISTING ORDINANCES
1-9-1
Effective Date of Repeal
1-9-2
Ordinances Exempt from Repeal
Section 1-9-1 Effective Date of Repeal
All ordinances of the Town of Superior except those specially
exempted in this article, now in force and effect are hereby
repealed effective at twelve o’clock noon on the day
of , 1977, but all rights, duties and obligations created
by said ordinances shall continue and exist in all respects
as if this code had not been adopted and enacted.
Sec. 1-9-2 Ordinances Exempt from Repeal
The adoption and enactment of this code shall not be construed
to repeal or in any way to affect or modify:
A. Any special ordinance or ordinances
regarding franchises, annexations, dedications or zoning.
B. Any ordinance making an appropriation.
C. Any ordinance affecting any bond
issue or by which any bond issue may have been authorized.
D. The running
of the statutes of limitations in force at the time this
code becomes effective.
E. The continued existence and operation
of any department, agency, commission or office heretofore
legally established or held.
F. Any bond of any public officer.
G. Any taxes, fees, assessments or
other charges incurred or imposed.
H. Any ordinances authorizing, ratifying,
confirming, approving or accepting any compact or contract
with any other municipality, the State of Arizona, or any
county or subdivision thereof, or with the United States
or any agency or instrumentality thereof.
Article 1-10 EFFECTIVE DATE OF CODE
Each and every section of this code as herein contained and
hereby enacted shall take effect and be in force on and after
twelve o’clock noon on the 16 day of June 1977, except
that where a later effective date is provided it shall prevail.
Chapter 2 Mayor and Council
CHAPTER 2 MAYOR AND COUNCIL
Article 2-1 COUNCIL
2-1-1 Elected Officers
2-1-2 Corporate Powers
2-1-3 Duties of Office
2-1-4 Compensation
2-1-5 Oath of Office
2-1-6 Bond
2-1-7 Financial Disclosure Statements
2-1-8 Vacancies on Council
Section 2-1-1 Elected Officers
The elected officers of the town shall be the Mayor and six
(6) councilpersons who shall constitute the common council
and shall continue in office until assumption of duties of
office by their duly elected successors. The Mayor and Councilpersons
shall serve four year overlapping terms in the manner provided
by state law and the Town Code.
Section 2-1-2 Corporate Powers
The corporate powers of the town shall be vested in the Mayor
and Council and shall be exercised only as directed or authorized
by Jaw. All powers of the council shall be exercised by ordinance,
resolution, order or motion.
Section 2-1-3 Duties of Office
The Mayor and Councilpersons shall assume the duties of office
at the first regularly scheduled council meeting in June
next following the canvass of votes of the general election,
provided that if no general election is held, the duties
of office shall be assumed at the next regularly scheduled
council meeting in June following the date the general election
would have been scheduled pursuant to this code.
Section 2-1-4 Compensation
The compensation of elective officers of the town shall be
fixed from time to time by reviewing the council in accordance
with state law.
Section 2-1-5 Oath of Office
Immediately prior to assumption of the duties of office,
the Mayor and each councilperson shall, in public, take and
subscribe to the oath of office.
2-1-6 Mayor and Council 2-1-8
Section 2-1-6 Bond
Prior to taking office, the Mayor and every councilperson
shall execute and file an official bond provided by the town,
enforceable against the principal and its sureties, conditioned
on the due arid faithful performance of official duties1
payable to the state and to and for the use and benefit of
the town or any person who may be injured or aggrieved by
the wrongful act or default of such officer in his/her official
capacity. A person so injured or aggrieved may bring suit
on such bend under provisions of the Arizona Revised Statutes.
Bonds shall be in such sum as shall be provided by resolution
and the premium for such bonds shall be paid by the town.
A blanket bond as may be allowed by law may satisfy this
requirement
Section 2-1-7 Financial Disclosure Statements
Prior to January 31st of each year, the Mayor and each member
of the council shall file a Financial Disclosure Statement
on a form prescribed by the Clerk. The Disclosure Statement
shall be in compliance with, and disclose all Information
required by Town of Superior Resolution No. 1 and any other
ordinance or resolution the Council may adopt from time to
time on disclosure.
Section 2-1-8 Vacancies in Council
A. The council
shall fill, by appointment for the unexpired tent, any vacancy
on the Council or in the Mayors office for whatever reason.
The procedure for announcing the vacancy, accepting applications
or nominations for, and filling the vacancy shall be as follows:
1. If the
vacancy should be declared between October 1st of a non-election
year and March 15th of an election year, then, at the discretion
of the Council, the position may remain open until the Primary
or General election.
a. If
the term for the vacant seat was to have expired in the election
year, the seat shall be filled with the candidate from the
Primary or General who received the highest number of votes
if that candidate received a majority of the votes cast for
said position.
b. If
the term for the vacant seat would not expire in the election
year, then the clerk shall include upon the ballet for the
regular election, a place for candidates to run for the unexpired
term of the vacant seat. All nomination documents shall designate
the position for which the candidate is running and all candidates
for the unexpired term shall comply with Arizona Election
Laws regarding disclosure and time periods for filing. The
candidate running in such advisory election and receiving
the highest number of votes shall be appointed for the unexpired
term,
c. At
the meeting called to canvass the vote for any election to
which sub°©section A(1) applies, the council shall
fill the vacant seat with the successful candidate.
2-1-8
Mayor and Council 2-1-8
2. Upon creation
of any vacant position for Mayor or Council which the Council
does not vote to fill pursuant to subsection A(1) of this
section, the Clerk shall properly insure that each council
member is aware of the vacancy, and within 48 hours shall
notify the local news media of such vacancy and the fact
that applications, resumes, and letters of recommendation
for the appointment to such vacant position will be accepted.
a. Within
seven (7) days, a notice of such vacancy and the time period
for acceptance of applications shall be published one (1)
time in the manner public notices are publicized in the town.
Applications, resumes, and letters of recommendations shall
be accepted for a period of fourteen (14) days following
that publication. No application or resume tendered to or
received by the Clerk or council after such date may be considered
for appointment by the Council.
b. Upon the
expiration of the time set for accepting applications, the
Clerk shall, within seven (7) days, set a special meeting
for the purpose of review and consideration of all applications,
resumes and nomination documents received. Said information
and discussion thereof may be done in executive session upon
open public vote of the council to consider same in executive
session at the special meeting. The Clerk shall give all
applicants at least 24 hours written notice of the date and
time of the special meeting and/or executive session in which
the applications are to be reviewed and discussed by the
council. The executive session or special meeting may be
continued from time to time to allow proper review, input,
and investigation of all applications and applicants.
c. Upon receipt
of notice that the council has completed review and investigation
of the applications, the Clerk shall, within ten (10) days
thereof, set a special meeting in open public session at
which time one or more, but not more than five (5), applicants
chosen by the council may address the council at the public
meeting. Each applicant chosen shall have the opportunity
to appear and address the council and answer questions the
Mayor and council may have.
d. At
the next regularly scheduled meeting following the session
in which applicants appear to address the council, the floor
shall be open for nominations with the position to be filled
by majority vote of the Mayor and council The matter shall
be on the agenda for each regularly scheduled meeting thereafter
until the position has been filled.
e. Should
no applications be received within the time periods set for
receipt of same, the Clerk shall schedule a special meeting
and call for executive session, not sooner than seven (7)
nor more than fourteen (14) days following the deadline set
for receipt of the applications pursuant to sub-section 2-1-8(A)2(a).
At which time, the council shall meet and consider the appointment
to fill the position. Following full discussion on the appointment
to fill the vacancy, the floor shall be open for nominations.
The matter shall be on the agenda for each regularly scheduled
meeting thereafter until the position has been filled.
B. Only those
candidates holding the minimum requirements under State law
and the Town Code shall be considered for appointment under
this Section.
2-2 Mayor and Council 2-2-4
ARTICLE 2-2 MAYOR
2-2-1 Selection of Mayor
2-2-2 Vice Mayor
2-2-3 Acting Mayor
2-2-4 Powers and Duties of the Mayor
2-2-5 Absence of Mayor
2-2-6 Failure to Sign Documents
Section 2-2-1 Selection of Mayor
A. The Mayor
shall be elected by majority vote of the qualified electorate
of the Town pursuant to procedures set forth in this code
and state law.
B. The Mayor
shall serve for a four (4) year term. The Council Is empowered
to fill any vacancy for any unexpired term; the appointee
shall be an elected member of the Town Council or chosen
pursuant to subsection 2-14(A) of this Code.
Section 2-2-2 Vice Mayor
At the first meeting of the council In June following an
election, the Mayor, with council approval, shall designate
one of the council members as vice mayor, who shall serve
at the pleasure of the council. The vice mayor shall have
the powers to perform the duties of the mayor during the
absence or disability of the Mayor.
Section 2-2-3 Acting Mayor
In the absence or disability of both the mayor and vice mayor,
the council may designate another of its members to serve
as acting mayor who shall have all the powers, duties and
responsibilities of the mayor during such absence or disability.
Section 2-2-4 Powers and Duties of the Mayor
The mayor shall:
A. Be the
chief executive officer of the town.
B. Be
the chairman of the council and preside over its meetings.
He/she may make arid second motions and shall have a voice
and vote in all its proceedings.
C. Enforce
the provisions of this code.
D. In
the absence of a Town Manager, appoint and remove officers
and employees of the town with the approval of the council
and exercise supervision over the acts and conduct of the
officers and employees of the town. He/she shall inquire
into all complaints against such officers or employees for
violation or neglect of duty and forward all complaints to
the council.
2-2-4 Mayor and Council 2-2-6
E. Execute
and authenticate by his/her signature such instruments as
the council, or any statutes, ordinances or this code shall
require.
F. Make
such recommendations and suggestions to the council as he/she
may consider proper.
G. When
necessary by proclamation, declare a local emergency to exist
due to fire, conflagration, flood, earthquake, explosion,
war, bombing, or any other natural or man-made calamity or
disaster or in the event of the threat or occurrence of riot,
or other acts of civil disobedience which endanger life or
property within the town. After declaration of such emergency,
the mayor shall govern by proclamation and impose all necessary
regulations to preserve the peace and order of the town,
including but not limited to:
1. Imposition
of a curfew in all or any portion of the town.
2. Ordering
the closing of any business.
3. Closing
to public access any public building, street or other public
place.
4. Calling
upon regular or auxiliary law enforcement agencies and organizations
within or without the political subdivision for assistance.
H. Perform
such other duties required by state statute and this code
as well as those duties required as chief executive officer
of the town.
Section 2-2-5 Absence of Mayor
The mayor shall not be absent from the town for a period
greater than fifteen (15) days without the consent of the
council.
Section 2-2-6 Failure to Sign Documents
If the mayor refuses or fails to sign any ordinance, resolution,
contract, warrant, demand or other documents or instrument
requiring his/her signature for five days consecutively,
then a majority of the members of the council may, at any
regular or special meeting, authorize an acting mayor to
sign such ordinance, resolution, contract, warrant, demand
or other document or instrument which when so signed shall
have the same force and effect as if signed by the mayor.
2-3 Mayor and Council 2-3-5
Article 2-3 COUNCIL ELECTION
2-3-1
Primary Election
2-3-2
Non-Political Ballot
2-3-3
General Election Nomination
2-3-4
Election to Office
2-3-5
Candidate Financial Disclosure
Section 2-3-1 Primary Election
Any candidate who shall receive at the primary election a
majority of all the votes cast shall be declared elected
to the office for which he is a candidate effective as of
the date of the general election, and no further election
shall be held as to said candidate; provided that if more
candidates receive a majority than there are offices to be
filled then those equal in number to the offices to be filled
receiving the highest number of votes shall be declared elected.
Sec. 2-3-2 Non-Political Ballot
Nothing on the ballot in any election shall be indicative
of the support of the candidate.
Sec 2-3-3 General Election Nomination
If at any primary election there is any office for which
no candidate is elected, the primary election shall be considered
to be an election for nomination of candidates for such office,
and a general municipal election shall be held to fill such
office. Candidates to be placed on the ballot at the general
election shall be those not elected at the primary election
and shall be equal in number to twice the number to be elected
to any given office unless there be less than that number
named on the primary election, ballot. Persons who receive
the highest number of votes for the respective offices at
the primary election shall be the only candidates at such
general election, provided that if there be any person who,
under the provisions of this article, 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
there-for, then all such persons receiving an equal number
of votes shall likewise become candidates for such office.
Sec. 2-3-4 Election to Office
The candidates equal in number to the persons to be elected
who receive the highest number of votes shall be declared
elected.
Sec. 2-3-5 Candidate Financial Disclosure
Each candidate for the office of councilman shall file a
financial disclosure statement on a form prescribed by the
clerk when such candidate files a nomination paper. The statement
shall contain such information as required by resolution
of the council.
2-4 Mayor and Council 2-4-3
Article 2-4 COUNCIL PROCEDURE
2-4-1 Regular Meetings
2-4-2 Special Meetings
2-4-3 Meetings to be Public
2-4-4 Quorum
2-4-5 Agenda
2-4-6 Order of Business
2-4-7 Committees and Commissions
2-4-8 Voting
2-4-9 Suspension of Rules
Section 2-4-1 Regular Meeting
The council shall hold regular meetings on the first and
third Thursday of each month at seven o’clock p.m.,
provided that when the day fixed for any regular meeting
of the council falls upon a day designated by law as a legal
holiday, such meeting shall be held at the same hour on the
next succeeding day not a holiday. All regular meetings of
the council shall be held in the Pinal County Administration
Building located in Superior.
Sec. 2-4-2 Special Meetings
The mayor or the council upon the written request of four
members may convene the council at any time after giving
at least twenty-four hours notice of such meeting to members
of the council and the general public. The notice shall include
the date, hour and purpose of such special meeting. In the
case of an actual emergency a meeting may be held upon such
notice as is appropriate to the circumstances.
Sec. 2-4-3 Meetings to be Public
A. All official meetings of the council
at which any legal action is taken shall be open to the public.
Notice of meetings shall be given in a manner consistent
with state statutes. Upon approval by a majority vote of
the council, the council may meet in a closed executive session
for a discussion of the following:
1. Consideration of employment, assignment,
appointment, promotion., demotion, salaries, disciplining
or resignation of a public officer, appointee or employee
of the town, except that with the exception of salary discussions,
an officer, appointee or employee may demand that such discussion
or consideration occur at a public meeting.
2. Consideration of records exempt by law
from public inspection.
3. Consultation for advice with the town
attorney.
B. Minutes of executive sessions
shall be kept confidential except from members of the council.
C. No executive session may be held for
the purpose of taking any final action or making any final
decision.
2-4-4 Mayor and Council 2-4-6
Sec. 2-4-4 Quorum
A majority of the councilmen shall constitute a quorum for
transacting business but a lesser number may recess from
time to time and complete the attendance of absent members.
Sec. 2-4-5 Agenda
Prior to each council meeting, or on or before a time fixed
by the council for preparation rind distribution of an agenda,
whichever is earlier, the clerk shall collect all written
reports, communications, ordinances, resolutions, contracts
and other documents to be submitted to the council, and prepare
an agenda according to the order of business and shall furnish
each council member, the mayor and the attorney with a copy
of the agenda and any material pertinent thereto.
Section 2-4-6 Order of Business
The business of the council shall be taken up for consideration
and disposition in the following order:
A. Call to Order. The mayor shall
take the chair precisely at the hour appointed for the meeting
and shall immediately call the council to order. In the absence
of both the mayor and vice mayor, the clerk shall call the
council to order and an acting mayor shall be selected to
chair the meeting. Upon the arrival or the mayor or the vice
mayor, the vice mayor or the acting mayor shall immediately
relinquish the chair upon the conclusion of the business
immediately before the council. The mayor shall preserve
order and decorum, decide all questions of order and conduct
the proceedings of the meetings in accordance with the parliamentary
rules contained in Robert’s Rules of Order unless otherwise
specified.
B. Salute to the Flag and Invocation.
The Council and the public may salute the flag of the United
States of America and the presiding officer may call for
an invocation or a moment of silence.
C. Roll Call. Before proceeding with
the business of the council, the clerk or his deputy shall
call the roll of the members, and the names of those present
shall be entered in the minutes. If a quorum is not present,
the members present may adjourn pursuant to Section 2-4-4
of this code.
D. Consent Agenda Items of a non-controversial
nature may be grouped together for a single vote. This item
may include, but not be limited to minutes, reports, claims
and information. Any council member may remove any item from
the consent agenda for separate discussion and vote as deemed
necessary. Such items shall then become the next order of
business at the same meeting.
E. Petitions. Petitions, remonstrances,
communications and comments or suggestions from citizens
present shall be heard by the council. All such remarks shall
be addressed to the council as a whole and not to any member
thereof. Such remarks shall be limited to three (3) minutes
unless additional time is granted by the council. No person
other than the individual speaking shall enter into the discussion
without the permission of the presiding officer. The open
meeting law precludes discussion of any matter brought before
the council under this section which, are not separately
set forth on the agenda.
F. Business. The Council shall consider
any business which is properly identified on the posted agenda,
including the introduction or reading of ordinances and resolutions.
2-4-6 Mayor and Council 2-5-1
G. Adjournment. The council may,
by a majority vote of those present, adjourn from time to
time to a specific date and hour. A motion to adjourn shall
always be in order and decided without debate.
Sec. 2-4-7 Committees and Commissions
The council may create such committees and commissions, standing
or special, as it deems necessary. Such committees shall
consist of as many members and shall perform such duties
as the council may require and shall exist at the pleasure
of the council.
Sec. 2-4-8 Voting
A. The mayor shall vote as a member of the council.
B. Upon the request of any member, the ayes and nays
upon any question shall be taken and entered in the minutes.
Sec. 2-4-9 Suspension of Rules
Any of the provisions of this chapter may be temporarily
suspended in connection with any matter under consideration
by a recorded vote of three—fourths of the members
present, except that this section shall not be construed
to permit any action that is contrary to state statutes.
Article 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS
2-5-1 Prior Approval
2-5-2 Introduction
2-5-3 Same Day Passage Prohibited
2-5-4 Two Separate Readings
2-5-5 Requirements for
an Ordinance
2-5-6 Effective Date
of Ordinances
2-5-7 Signatures Required
2-5-8 Publishing Required
2-5-9 Posting Required
Section 2-5-1 Prior Approval
All ordinances, resolutions and contract documents shall,
before presen°©tation to the council, have been
reviewed as to fort by the attorney. When there are substantive
matters of administration involved, all ordinances, resolutions
and contract documents shall be referred to the person who
will be charged with the administration of such ordinance,
resolution or contract. Such person shall have an opportunity
to present comments, suggestions and objections, if any,
prior to the passage of the ordinance, resolution or acceptance
of the contract.
2-5-2 Mayor and Council 2-5-7
Sec. 2-5-2 Introduction
Ordinances, resolutions and other matters or subjects requiring
action by the council shall be introduced and sponsored by
a member of the council, except that the attorney or the
clerk may present ordinances, resolutions and other matters
or subjects to the council, and any councilman may assume
sponsorship thereof by moving that such ordinance, resolution,
matter or subject be adopted; otherwise they shall not be
considered.
Sec. 2-5-3 Same Day Passage Prohibited
No ordinance, except an emergency ordinance, shall be put
on its final passage on the same day on which it was introduced.
Sec. 2-5-4 Two Separate Readings
All ordinances, except emergency ordinances, shall have two
separate readings, but the first and the second reading shall
never be made on the same day. The first reading may be by
title only, but the second reading shall be in full unless
the council, in possession of printed copies of said ordinance,
shall unanimously allow reading by title only.
Sec. 2-5-5 Requirements for an Ordinance
Each ordinance may have only one subject, the nature of which
is clearly expressed in the title. Whenever possible, each
ordinance shall be introduced as an amendment to this code
or to an existing ordinance and, in such case, the title
of the sections to be amended shall be included In the ordinance.
Sec. 2-5-6 Effective Date of Ordinances
No ordinance, resolution or franchise shall become operative
until thirty days after its passage by the council and approval
by the mayor, except measures necessary for the immediate
preservation of the peace, health or safety of the town,
but such an emergency measure shall not become immediately
operative unless it states in a separate section the reason
why it is necessary that it should become immediately operative,
and unless it is approved by the affirmative vote of three-
fourths of all the members elected to the council taken by
ayes and nays.
Sec. 2-5-7 Signatures Required
Every ordinance passed by the council shall, before it becomes
effective, be signed by the mayor and attested by the clerk.
2-5-8 Mayor and Council 2-6-2
Sec. 2-5-8 Publishing Required
Only such orders, resolutions, motions, regulations or proceedings
of the council shall be published as may be required by state
statutes or expressly ordered by the council.
Sec. 2-5-9 Posting Required
Every ordinance imposing any penalty, fine, forfeiture or
other punish°©ment shall, after passage, be posted
by the clerk in three or more public places within the town
and an affidavit of the person whom posted the ordinance
shall be filed in the office of the clerk as proof of posting.
ARTICLE 2-6 PLANNING AND ZONING COMMISSION
2-6-1 Established
2-5-2 Membership
2-6-3 Officers
2-6-4 Duties
2-6-5 Meetings
2-6-6 Voting
2-6-7 Fees
Section 2-6-1 Established
The Planning and Zoning Commission of the Town of Superior
is hereby established.
Section 2-6-2 Membership
A. The Planning and Zoning
Commission shall be composed of a total of seven members
who shall be residents of the town. The members of the commission
shall be appointed by the mayor subject to the approval of
the council. These appointments shall be for a period of
three years each, with the terms of members so staggered
that the terms of no more than three members shall expire
in any one year. The initial appointments shall be for two
members with terms beginning on July 1, 1986, and expiring
on June 30, 1967; for two members with terms beginning on
July 1, 1986, and expiring on July 30, 1988; and for three
members with terms beginning on July 1, 1986, and expiring
on June 30, 1989. Thereafter, all members shall be appointed
for full three year terms, except that in the event of death
or resignation of a member the vacancy may be filled for
the unexpired term. The term of all members shall extend
until their successors are qualified; except that three successive
unexcused or unexplained absences from any regular or special’ meeting
shall be grounds for termination at the will and pleasure
of the appointing authority without the necessity of a hearing
or notice and such action shall be final.
B. All members shall serve
without pay. Members of the commission may be reimbursed
for actual expenses incurred in connection with their duties
upon authorization or ratification by the commission and
approval of such expenditures by the council.
2-6-3 Mayor and Council 2-6-7
Sec. 2-6-3 Officers
The commission shall elect a chairman and vice chairman from
among its own members, who shall serve for one year and until
their successors are elected and qualified. The chairman
shall preside at all meetings and exercise all the usual
rights, duties and prerogatives of the head of any similar
organization. The chairman shall have the power to administer
oaths and to take evidence. The vice chairman shall perform
the duties of the chairman in the absence or disability of
the chairman. Vacancies created by any cause shall be filled
for the unexpired term by a new election.
Sec. 2-6-4 Duties
It shall be the duty of the said commission to formulate,
create and administer any lawful plan duly adopted by the
governing body for the present and future growth of the city
pertaining to the use of land and buildings for any purpose,
together with all incidental activities usually associated
therewith and commonly known as
”Planning and Zoning”; to make or cause to be made
a continuous study of the best present and future use to which
land and buildings shall be put within the town and in cooperation
with adjacent areas; to recommend to the governing body revisions
in such plans which, in the opinion of the commission, are for
the best interest of the citizens of the town; to promulgate rules
of procedure and to supervise the enforcement of rules so promulgated
by the commission and approved by the governing body.
Sec. 2-6-5 Meetings
The commission shall provide in its rules for its meetings;
provided, that special, meetings may be called by the chairman
or in his absence the vice chairman. In addition, any three
members of the commission may make written request to the
chairman for a special meeting and in the event such meeting
is not called, such members may call such special meeting
in such manner and form as may be provided in the commission
rules.
Sec. 2-6-6 Voting
Four members shall constitute a quorum. The affirmative vote
of four members shall be required for passage of any matter
before the commission. The minutes of the meetings shall
reflect the ‘ayes’ and ‘nays’ cast
on a particular measure and shall reflect the vote of each
member present. A member may abstain from voting only upon
a declaration that he has a conflict of interest, in which
case such member shall take no part in the deliberations
on the matter in question.
Sec. 2-6-7 Fees
The commission shall be authorized to establish a uniform
schedule of fees for services with all receipts to be paid
into the general fund of the town. Such fee schedules shall
become effective upon approval by the council.
Chapter 3 Administration
Chapter 3 Administration
Article 3-1 OFFICERS IN GENERAL
3-1-1 Officers
3-1-2 Additional Officers
3-1-3 Bond
3-1-4 Vacancies; Holding More Than One Office
3-1-5 Additional Powers and Duties
Sec. 3-4-1 Officers
There are hereby created the offices of town manager, town
clerk, town marshal, town engineer, town attorney and town
magistrate who shall be appointed by the Council and who
shall serve at the will and pleasure of the Council.
Sec. 3-1-2 Additional Officers
The Council may appoint and remove from time to tine such
other officers as it may deem necessary and that are not
provided for in this code or state statute.
Sec. 3-1-3 Bond
The Council shall require each officer of the Town to give
bond for the due discharge of his duties in such sums and
with such security as it may direct and approve as determined
by resolution and the Town shall pay the costs of such bond.
Sec. 3-1-4 Vacancies; Holding More than One Office
Any vacancy that shall occur in any Town office shall be
filled by appointment by the Mayor with the approval of the
Council, provided that one person may hold more than one
office and that at the discretion of the Council, the functions
of a town official may be validly performed and discharged
by a deputy or another town official, or an otherwise qualified
individual not holding office but employed at the pleasure
of the Council.
Sec. 3-1-5 Additional Powers and Duties
In addition to any powers and duties prescribed in this code,
each officer shall have such further powers, perform such
further duties and hold such other office as may be provided
by the Council through ordinance, resolution or order.
3-2 Administration 3-2-1
Article 3-2 OFFICERS
3-2-1 Town Manager
3-2-2 Town Clerk
3-2-3 Town Marshal
3-2-4 Town Attorney
3-2-5 Town Magistrate
Sec. 3-2-1 Town Manager
A. Powers and Duties.
The Manager shall be the administrative head of the government
of the Town under the direction and control of the Council.
He shall be responsible for the administration of all affairs
of the Town which are under his control. In addition to his
general powers as administrative head, it shall be his duty
and he shall have the powers set forth in the following subsections:
1. Law Enforcement. It shall be the duty
of the manager to see that all laws and ordinances of the
Town, and that all franchises, contracts, permits and privileges
granted by the Council are faithfully observed and to report
any failure in that regard to the Council, which shall give
such instruction and direction as it may desire for remedial,
corrective or terminating action by the Manager.
2. Authority Over Employees. It shall be
the duty of the Manager, and he shall have the sole authority
to control, order and give directions to all heads of departments
and to subordinate officers and employees of the Town under
his jurisdiction through their department heads.
3. Power of Appointment and Removal. Subject
to approval by the Council and to the-exceptions expressly
provided by this Chapter, it shall be the duty of the Manager
to, and he shall appoint, remove, promote, and demote any
and all officers and employees Of the town, except Magistrate,
Attorney, Clerk, Counsel, and members of Boards, and Commissions
and Committees, all of whom shall be appointed by the Council.
As to these officials, he shall recommend appointment and
removal. All this shall be subject to all applicable personnel
ordinances, rules and regulations.
4. Ordinances. It shall be the duty of the Manager
to recommend to the Council such measures and ordinances
as he deems necessary.
5. Attendance at Council Meetings. It shall
be the duty of the Manager to attend all meetings of the
Council unless he is excused there from by the Mayor individually
or by the Council. Except when his removal is under consideration,
he shall present definite recommendations relative to each
item on the agenda for approval, rejection or modification
by the Council.
6. Financial Reports. It shall be the duty
of the Manager to keep the Council fully advised as to the
needs of the Town in such form and at such times as requested
by the Council.
7. Budget. It shall be the duty of
the Manager to prepare and submit the proposed annual budget
and the proposed annual salary plan to the Council for its
approval.
3-2-1 Administration 3-2-1
8. Expenditure Control and Purchasing.
It shall be the duty of the Manager to see that no indebtedness
is incurred or expenditure made in violation of the State
Budget Law, and Arizona Revised Statutes or Town Ordinance.
9. Investigations and Complaints.
It shall be the duty of the Manager to make investigations
into the affairs of the Town and any department or division
thereof, and any contract or the proper performance of any
obligations of the Town and to report all findings to the
Council. Further, it shall be the duty of the Manager to
investigate all complaints in relation to matters concerning
the administration of the Town government and in regard to
the service maintained by public utilities in said Town and
report all findings to the Council.
B. Residence. Residence
in the Town at the time of appointment as Manager shall not
be required as a condition for the appointment, but within
sixty (60) days after reporting for work the Manager must
become a resident of the Town unless the council approves
his residence outside the Town.
C. E1igibility. No member
of the Council shall be eligible for appointment as Manager
until one year has elapsed after such Council member shall
have ceased to be a member of the Council.
D. Acting Town Manager.
In the event of the absence or disability of the Manager,
his powers and duties, subject to Council ratification shall
evolve upon the following officers of the Town and they are
so appointed in the following order as each succeeding officer
may be absent or disabled:
1. Mayor
2. Town Clerk
3. Vice Mayor
E. Compensation. The Manager shall receive such compensation
as the Council shall from time to time determine. In addition,
the Manager shall be reimbursed for all actual and necessary
expenses incurred by him in the performance of his official
duties.
1. Involuntary Removal. The manager serves
at the will and pleasure of the Town Council. On termination
of employment of the Manager by reason of involuntary removal
from service other than for willful misconduct in office,
the Manager shall receive cash severance pay in a lump sum
equal to two (2) month’s pay, such pay to be computed
at the salary received by the Manager for the preceding month
of his service with the Town.
F. Council- Manager Relations.
The Council and its members shall deal with the administration
services of the Town only through the Manager, except for
the purpose of inquiry, and neither the Council, nor any
member thereof, shall give orders or instructions to any
employee or officer other than the Manager. The Manager shall ‘take
his orders and instructions from the Council only when promulgated
at a duly convened meeting of the Council, and no individual
Councilman shall give any orders or instructions to the Manager.
3-2-1 Administration 3-2-2
G. Attendance at Commission
Meetings. The Manager may attend any and all meetings of
all commission, boards, or committees created by the Council,
upon his own volition or upon direction of the Council. At
such meetings which the Manager attends, he shall be heard
by such commissions, boards or committees as to all matters
upon which he wishes to address the members thereof, and
he shall inform said members as to the status of any matter
being considered by the Council, and he shall cooperate to
the fullest extent with the members of all commissions, boards
or committees appointed by the Council, however, at no time
shall he disclose matters discussed in Executive Session
of the Council.
H. Discretion of Council on
removal. In removing the Manager, the Council shall act at
its discretion and its action shall be final and shall not
depend upon any particular showing or degree of proof at
a hearing.
I. Limitation On
Removal. Notwithstanding the provisions of sub-section H
herein, the Manager shall not be removed from office, other
than for misconduct in office, during or within a period
of ninety (90) days next succeeding any general election
held in the Town which election a member of the Council is
elected or when a new Councilman is appointed; the purpose
of this provision is to require any newly elected or appointed
member of the Council or a reorganized Council to observe
the actions and ability of the Manager in the actual performance
of the powers and duties of his office.
J. Resignation of Manager.
The Manager shall provide the Council a minimum of forty—five
(45) days written notice of intention to resign his position.
The Manager shall assist the Council in the recruitment and
selection of a replacement if requested by the Council. In
the event of resignation due to health reasons, the period
of written notice shall be determined in conference between
the Manager and the Council.
K. Agreements on Employment.
Nothing in this Article shall be construed as a limitation
on the power or authority of the Council to enter into any
supplemental agreement with the Manager delineating additional
terms and conditions of employment not inconsistent with
any provisions of this article or of state statute.
Sec. 3-2-2 Town Clerk
A. Records. The Clerk shall keep a true and correct record
of all business transacted by the Council and any other records
that either pertain to the business of the Town or that the
Council directs. The Clerk shall number, plainly label and
file separately in a suitable cabinet all resolutions, notices,
deeds, surveys, leases, paid and unpaid vouchers, inventories,
letters, orders, and other documents of whatever nature.
B. Public Inspection
of Records. The Clerk shall keep convenient for public inspection
all public records and public documents under his control,
as provided in state statute.
C. Monthly Reports. The
Clerk shall prepare and collect from Town officers and employees
such’ monthly reports prepared in such manner and to
include such information as may be directed by the Council.
D. Minutes. The Clerk
shall prepare or cause to be prepared all minutes of Council
proceedings and ensure their correctness and accuracy.
E. Ordinances, Resolutions,
Budgets and Notices. The Clerk shall process, record, file,
publish and, if requested by state statute, post all ordinances,
resolutions, budgets and notices that may be passed by the
Council.
3-2-2 Administration 3-2-4
F. Duties as Treasurer.
The Clerk shall hold the office of Town Treasurer and receive
and safely keep all monies that; shall come to the Town and
pay put the sane when authorized by the Council. He shall
keep a separate record and account of each different fund
provided by the Council, apportion the monies received among
the different funds as prescribed by the Council and keep
a complete set of books showing every money transaction of
the Town, the state of each fund, from what source the money
in each fund was derived and for what purpose expended. The
Clerk shall make monthly reports to the Council of all receipts
and disbursements and the balance in each fund. At the end
of the fiscal year, he shall make a full and detailed statement
of the receipts and expenditures of the Town during the year
specifying the different sources of revenue and the amount
received from each, all appropriations made by the Mayor
and Council, and the object for which they were made, and
the amount of money expended under each, the evidences of
indebtedness issued, and what portion remains thereof outstanding,
with the rate and amount of interest due thereon, and the
amount of cash on hand.
G. Election Official.
The Clerk shall be the Town Election Official and perform
those duties required by state statute.
H. Licenses. The Clerk
shall issue or cause to be issued all licenses that má3i
be prescribed by state statute or this Code.
I. Purchasing Agent.
The Clerk shall assist the Town Manager in his capacity as
purchasing agent for the Town and make purchases as authorized
and directed by the Town Council or Town Manager within the
Town’s policy of purchasing.
J. Administrative
Duties. The Clerk shall perform those admini°©strative
responsibilities and duties that are conferred upon him by
the Council in addition to those specified in this Code.
Sec. 3-2-3 Town Marshall
The Marshall shall be the Chief of Police and shall be collector
of all taxes of the Town provided that the collection of
such taxes may be administered by the Town Clerk. He shall
perform such duties as may be required of him by law and
as the Council may deem necessary.
Sec. 3-2-4 Town Attorney
The Attorney shall act as the legal counselor and advisor
of the Council and other Town officials, and as such shall
give his opinion in writing when requested. He shall draft
all deeds, contracts, conveyances, ordinances, resolutions
and other legal instruments when required by the Council.
He shall approve as to form, in writing, all drafts of contracts
and all official or other bonds before final approval or
acceptance thereof by the Council. He shall return, within
ten-days, all ordinances and resolutions submitted to him
for consideration by the Council, with his approval or disapproval
noted thereon, together with his reasons therefore. He shall
prosecute and defend all suits, actions or causes where the
Town is a party and shall report to the Council, when required,
the condition of any suitor action to which the Town is a
party.
3-2-5 Administration 3-3-1
Sec. 3-2-5 Town Magistrate
The Town Magistrate shall be the presiding officer of the
Town Court, shall be selected by the Council and shall perform
those functions necessary to the maintenance of a magistrate
court as provided by state statute, this Code or ordinances
of the Town.
Sec. 3-2-6 Town Engineer
The Engineer shall make recommendations and reports to the
Town Manager and Council on Town streets and shall perform
such duties as may be required of him by law and such other
duties as the Council may deem necessary.
ARTICLE 3-3 APPEALS PROCEDURE FOR REQUIRED DEDICATION OR
EXACTION
3-3-1 Compliance with Arizona Statute, Appointment of Hearing
Officer
3-3-2 Notice Provisions, Continuing Education
3-3-3 Appeals Procedure, Time Limits, Ruling
3-3-4 Legislative Act – Non-applicability
Sec. 3-3-1 Compliance with Arizona Statute, Appointment of
Hearing Officer
A. In
order to comply with State and Federal laws, there is hereby
created the office of Hearing Officer for the Town of Superior
to hear appeals from property owners who have been required
by a decision of an administrative agency or official of
the Town to complete a dedication or exaction as a condition
of approving an applied for use, improvement, or development
of the owner’s real property. All actions of the hearing
officer shall be in full compliance with the provisions of
A.R.S. §9-500.12 et seq. and with the provisions of
this Article. Should there be a conflict between the provisions
of this Article and State law, the provisions of State law
shall apply.
B. The hearing
officer shall be appointed by the Mayor and Council and shall
serve a term of two (2) years, be over the age of eighteen
(18), be a resident of the Town of Superior1 shall not be
a Town employee other than as a hearing officer, and shall
be informed of the Conflict of Interest Policy established
by the Town.
C. The compensation
of the hearing officer shall be determined by the Mayor and
Council at the time of appointment and shall include reimbursement
for expenses of appearing at hearings. There shall be no
change to the compensation during the term of office.
3-3-2 Administration 3-3-3
Sec. 3-3-2 Notice Provisions, Continuing Education
The Town Manager shall establish procedures to comply with
the provisions of A.R.S. §9-500.12 et seq. as same may
be amended from time to time, including the establishment
of a procedure to notify property owners of their appeal
rights pursuant to State law and this Article. The Town Manager
shall further establish a method of insuring continuing education
and notification of all Town administrative agencies, Town
staff and the Mayor and Council of the requirements of State
law.
Sec. 3-3-3 Appeals Procedure, Time Limits, Ruling
A. At the time of any decision
by an administrative agency or official of the Town which
makes a final determination granting the approval of a requested
use, improvement1 or development of real property subject
to the requirement of a dedication or exaction as a condition
of granting the approval, the property owner shall be notified
in writing of his/her right to -appeal the required dedication
or exaction pursuant to this Code and A.R.S. §9-500.12.
The notice shall further describe the appeals procedure which
shall, in all respects, comply with A.R.S. §9-500.12.
B. Should the property owner
wish to appeal an appeal able decision:
1. The appeal shall
be in writing and filed with or mailed to the hearing officer
designated by the Town within thirty (30) days of the decision
of the administrative agency or official requiring the dedication
or exaction.
2. No fee will
be charged for the filing.
3. The hearing
officer shall schedule a hearing within thirty (30) days
of the receipt of the request.
4. At the hearing,
the Town shall bear the, burden of proving that the dedications
or exactions being required bear an essential nexus between
the requirement imposed and a legitimate governmental interest
of the Town and that the proposed dedication or exaction
is roughly proportional to the impact of the use, improvement,
or development proposed by the property owner.
5. The hearing
officer shall provide at least ten (10) days notice of the
date, time, and place of the hearing unless the property
owner acknowledges, in writing, that less notice is acceptable
to him/her. The hearing officer must render his/her decision
within five (5) working days after the appeal is heard.
6. The hearing
officer can affirm the dedication or exaction, modify it,
or delete the requirement. His/her decision shall be in writing
and delivered to the address provided by the property owner
and to the Town Manager and Town Attorney.
7. If the property
owner is aggrieved by decision of the hearing officer which
modifies or affirms the requirement of the dedication or
exaction, the property owner may, within thirty (30) days,
after the hearing officer has rendered a decision, file a
complaint for a trial de novo in Superior Court on the facts
and the law regarding the issues of the condition or the
requirement of a dedication or exaction.
3-3-4 Administration 3-3-4
Section 3-3-4 Legislative Act – Non-applicability
The provisions of this Article shall not apply to a dedication
or exaction required in a legislative act of the Town Council
which does not give discretion to an administrative agency
or official to determine the nature or extent of the dedication
or exaction.
POLICY OF THE TOWN OF SUPERIOR
ON APPEALS OF REQUIRED DEDICATIONS OR EXACTIONS
Rights of Property Owner
In addition to other rights granted to you by-the U.S. and
Arizona Constitution, federal and sate law and Town ordinances
or regulations, you are hereby notified of your right to
appeal any dedication or exaction which is required of you
by an administrative agency or official of the Town as a
condition of granting approval of your request to use, improve
or develop your property.
Appeal Procedure
If you wish to appeal, the following procedures will apply
to your appeal:
• It
must be in writing and tiled with or mailed to the hearing officer
designated by the Town within thirty (30) days after the administrative
agency or official has made his determination requiring the dedication
or exaction. The name and address of the hearing officer is as
follows:
______________________________________________________
______________________________________________________
• No fee will
be charged for filing.
• Your
hearing will be scheduled within thirty (30) days of receipt by
the hearing officer of your request. The Town will bear the burden
of proving that the dedications or exactions to be imposed on
your property bear an essential nexus between the requirement
and a legitimate governmental interest and that the proposed dedication
or exaction is roughly proportional to the impact of the use,
improvement or development proposed by you.
• Ten (10)
days notice will be given to you of the date, time and place of
the hearing unless you indicate to the hearing officer in your
request that less notice is acceptable to you.
• The hearing
officer must render his decision within five (5) working days
after the appeal is heard.
• The hearing
officer can affirm the dedication or exaction, modify it or delete
the requirement.
• If you
are dissatisfied with the decision of the hearing officer, you
may file a complaint for a trial de novo with the Superior Court
within thirty (30) days of the hearing officer decision.
Questions
If you have any questions about this appeal process, you
may contact:
______________________________________________________
______________________________________________________
REPORT ON DEVELOPMENT PROCESS
as required by Chapter 166 of the Laws of 1995
NAME OF CITY/TOWN: Town of Superior
EDUCATIONAL SESSIONS ATTENDED OR SPONSORED ON NEW REQUIREMENTS:
League of Cities and Towns Convention and Executive Session
with Town Attorney
PUBLIC HEARINGS OR MEETINGS HELD WITH PROPERTY OWNERS ON
NEW
APPEALS PROCESS:
Hearing on adoption of legislation to establish hearing officer
position and to establish an appeal and notice procedures
- Thursday, October 19, 1995
DESCRIPTION OF REVIEW PROCESS COMPLETED OR UNDERWAY TO DETERMINE
COMPLIANCE WITH RECENT U.S. SUPREME COURT CASES:
Review of Code by Town Attorney and staff to determine extent
of administrative agencies or other Town officials’ powers
to require a dedication or exaction as a condition of use,
improvement or development of real estate
DESCRIPTION OF APPEALS PROCESS ADOPTED IN RESPONSE TO NEW
LAW:
See attached Code Section and notice
NAME, ADDRESS AND PHONE NUMBER OF CONTACT PERSON:
William L. Tifft
Town Attorney
P.0. Box 2521
Globe, Arizona 85502
(520) 425-3227
Chapter 4 Police and Fire Department
CHAPTER 4 POLICE AND FIRE DEPARTMENT
Article 4-1 POLICE DEPARTMENT
4-1-1 Created; Composition
4-1-2 Appointment of Officers
4-1-3 Compensation of Officers
4-1-4 Departmental Rules and Regulations
4-1-5 Duties of Police Department
4-1-6 Answering Calls Outside the
Town
Sec. 4-1-1 Created; Composition
There is hereby created a police department for the town
which shall consist of a chief of police who shall also serve
as town marshal, and as many police officers as may from
time to time be deemed necessary by the council for the safety
and good order of the town.
Sec. 4-1-2 Appointment of Officers
The chief of police shall be appointed by the manager with
the approval of the council and shall serve at the pleasure
of the council. The council shall appoint as many police
officers as may from time to time be deemed necessary for
the safety and good order of the town.
Sec. 4-1-3 Compensation of Officers
The chief of police and the police officers of the town shall
be compensated as determined by the council. The chief of
police shall not receive any perquisites, commissions or
compensation for his services as chief of police or tax collector,
except as the council may prescribe.
Sec. 4-1-4 Departmental Rules and Regulations
The police department shall be operated and managed in accordance
with such departmental rules and regulations as may from
time to time be recommended by the chief of police and approved
by council resolution. All amendments to said rules and regulations
shall also be approved by council -resolution. The town clerk
shall maintain an updated copy of all current rules and regulations.
Sec. 4-1-5 Duties of Police Department
It is the duty of the police department, under the direction
of the chief of police, to:
A. Enforce this code
and the statutes of the State of Arizona within jurisdictional
limits as conferred by law and to arrest and charge the violators
thereof as provided by law and rules and regulations.
4-1-4 Police and Fire Department 4-1-5
B.   |