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in conflict with the provisions of this ordinance or any part of the code adopted herein by reference, are hereby repealed.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.