Sec.
1. Council to act by motion, resolution or ordinance.
The city council shall act by motion, resolution or ordinance.
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Sec. 2. Ayes and nays to be recorded.
A roll call vote shall be taken, orally or mechanically, upon all final
action on all ordinances, resolutions and motions, and such vote shall be entered upon the
record of the proceedings of the city council.
(Approved by voters on 5-17-05; Approved by Governor on
7-05-05)
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Sec. 3.
Majority vote required.
A majority vote of the members present, provided a quorum is present,
shall be sufficient to pass motions, resolutions and ordinances.
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Sec.
4. Enacting style.
The enacting clause of all ordinances passed by the city council shall be
as follows: ``Be it ordained by the Mayor and Council of the City of Peoria, Arizona''.
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Sec. 5.
Actions to be taken by ordinance.
The following actions by the city council shall, unless specifically
authorized or directed by state law, be taken only by ordinance:
(1) Providing for the levying of any tax or assessment;
(2) Providing for the establishment or changing of fire zones and limits;
(3) Providing for the imposing of any penalty.
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Sec. 6. Reading and passage of ordinances and
resolutions; effective date.
All proposed ordinances, and resolutions having the effect of ordinances,
shall be subject to the following requirements for passage at any meeting of the city
council:
(1) Copies of a proposed ordinance, or proposed resolution having the
effect of an ordinance, shall be delivered to the mayor and council, or left at their
usual place of abode, not less than twenty-four (24) hours prior to the meeting at which
action will be taken on the ordinance or resolution.
(2) An ordinance or resolution having the effect of an ordinance shall be
read and considered by number only. The measure may be passed and adopted at any time
after such reading. On motion duly adopted, a reading of the title or a full reading of a
proposed ordinance, or resolution having the effect of an ordinance, shall be ordered. The
measure may be passed and adopted at any time after such reading.
(3) Copies of titles of proposed ordinance, or resolution heretofore
mentioned, shall be posted at the city hall and such other places as the city council may
prescribe not less than twenty-four (24) hours before the meeting at which action is taken
thereon. During such period, copies of the entire ordinance, or resolution heretofore
mentioned, shall be available for inspection by the public during the city's regular
business hours. If the titles are not posted, or copies made available, as herein set
forth, the matter shall not be brought before the city council.
(4) In the event that an amendment of substantive matter is proposed
during the action taken by the council upon any ordinance or resolution as heretofore
mentioned, such ordinance or resolution containing such proposed amendment shall not be
adopted without following the provision set forth in subparagraph (3) of section 6 of
article VII hereof. For the purpose of this subsection, the term ``amendment of
substantive matter'' means an amendment which, either by addition, alteration, or
deletion, alters the sense, meaning or effect of the proposed ordinance, but shall not be
deemed to include the changing of capitalization for the purpose of uniformity, or the
correction of manifest clerical typographical errors.
(Approved by voters on 3-11-97; Approved by Governor on 5-28-97)
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Sec.
7. Emergency measures; effective date.
An emergency measure is one which is necessary for the immediate
preservation of the peace, health or safety of the city and one which is passed by the
affirmative vote of three-fourths of the members of the city council. An emergency measure
shall take effect immediately upon its passage, provided it states in a separate section
the reason it is necessary that it should become immediately operative. An emergency
provision may be added to a proposed ordinance or resolution at the same meeting it is introduced upon the affirmative vote of
three-fourths of the city council.
(Approved by voters on 5-17-05; Approved by Governor on
7-05-05)
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Sec. 8.
Motions to reconsider.
When an ordinance, put upon final passage, fails to pass, and a motion is
made to reconsider, the vote on such motion shall not be taken within twenty-four (24)
hours thereafter.
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Sec. 9. Signing of ordinances and resolutions.
All ordinances and resolutions shall be signed by the mayor and attested
by the city clerk within five (5) days after adoption, but failure to so sign and attest
shall not affect the validity of such ordinance or resolution.
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Sec.
10. Publication of ordinances and resolutions.
All ordinances, except those necessary for the immediate preservation of
the peace, health or safety of the city, and resolutions having the effect of ordinances,
shall be published in the official newspaper of the city in the manner
provided by ordinance before they become
effective and operative. Emergency measures shall be published twice in the official
newspaper of the city after their passage in the manner provided by
ordinance.
(Approved by voters on 5-17-05; Approved by Governor on
7-05-05)
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Sec. 11. Method of amending, revising or
re-enacting of ordinances.
Ordinances shall not be revised, re-enacted or amended by reference to
title only, but the ordinance to be revised or re-enacted, or the section or sections
thereof to be amended, or the new section or sections to be added thereto, shall be set
forth and adopted in the method provided in this charter for the adoption of ordinances.
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Sec. 12. Repealing or suspending
ordinances.
No ordinance or section thereof shall be repealed or suspended except by
ordinance adopted in the manner provided in this charter.
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Sec. 13. Filing, recording and
certifying of ordinances and resolutions and using ordinances and resolutions as evidence.
All ordinances and resolutions shall be filed and safely kept by the city
clerk and duly recorded and certified by the clerk in records kept for that purpose and record copies thereof
certified by the city clerk, or the originals thereof shall be prima facie evidence of the
contents of such ordinances or resolutions and of the due passage and publication of the
same, and shall be admissible in evidence in any court of this state, or in any proceeding
where the contents of such ordinance or resolution, or any of them, is in question;
provided, however, that nothing herein contained shall be construed to prevent the proof
of the passage and publication of any ordinance or resolution in the manner otherwise
prescribed by law.
(Approved by voters on 5-17-05; Approved by Governor on
7-05-05)
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Sec.
14. Procedure for adoption by reference.
The city council may enact the provisions of a code or public record
theretofore in existence by reference without setting forth the provisions in full, but
the adopting ordinance shall be published in full and not less than three copies of the
code or public record shall be in the office of the city clerk and kept available for
public use and inspection during regular business hours. A code or public record enacted
by reference may be amended in the same manner.
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Sec.
15. Recording of certain ordinances.
Ordinances extending or changing the boundaries of the city, zoning
territory, or establishing or vacating streets, alleys or subdivisions, in addition to
publication, shall be recorded in the office of the Maricopa County Recorder, and the same
shall constitute public notice to all parties of the legal import thereof.
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Sec.
16. Codification of ordinances.
Any and all ordinances of the city, which have been enacted and published
in the manner required at the time of their adoption, and which have not been repealed,
may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance
code, and such code may be adopted by reference, with the same effect as an ordinance by
the passage of any ordinance for such purpose. Such code need not be published in the
manner required for other ordinances, but not less than three (3) copies thereof shall be
filed for use and examination by the public in the office of the city clerk prior to the
adoption thereof. Ordinances codified shall be repealed as of the effective date of the
code. Amendments to the code shall be enacted in the same manner as ordinances.
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