HomeMy WebLinkAboutORD1142ORDINANCE NO.1142
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER
1 GENERAL,ARTICLE 1-13 QUALIFIED ELECTORS,RELATING TO
QUALIFICATIONS FOR PETITION CIRCULATORS AND APPLICANTS;REPEALING
ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND
DECLARING AN EMERGENCY.
WHEREAS,Article IV,part 1,§1(8)of the Arizona Constitution permits cities to
prescribe the manner of exercising initiative and referendum powers within the
restriction of the general laws;and
WHEREAS,1999 Amendments to Arizona Revised Statutes Annotated ("A.R.S.")§19-
114(A)requires circulators of state initiatives or referendum petitions to be
residents;and
WHEREAS,A.R.S.§§16-321(6)and 19-205.02 require circulators of nomination and
recall petitions be qualified to register to vote pursuant to A.R.S.§16-101;and
WHEREAS,residency includes "state residency"pursuant to A.R.S.§16-101(A);and
WHEREAS,a "resident"is one who has actual physical presence in this state
combined with an intent to remain,pursuant to A.R.S.§16-101;and
WHEREAS,when applying statewide referendum and initiative procedures to a city,
town or county,A.R.S.§19-141(C)requires that it be as nearly as practicable
the same as the procedure relating to initiatives and referendums provided for
the state at large;and
WHEREAS,city elections have been held by the Arizona Supreme Court in McDowell
Mountain Ranch v.Vizcaino,190 Ariz.1 (1997)and by the Arizona Court of
Appeals in Alliance Marana v.Groseclose,191 Ariz.287 (1998)to be matters of
local concern;and
WHEREAS,these cases allow for cities to mandate residency for applicants and
circulators of referendum,initiative,nomination,and recall petitions;and
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WHEREAS,the Apache Junction Mayor and City Council desire that petition
applicants and circulators for City of Apache Junction initiatives,referendum,
nomination,and recall actions be residents of the City of Apache Junction,and
not of some other municipality or jurisdiction;and
WHEREAS,the City of Apache Junction is home to approximately 24,480 residents
who may be available under this ordinance to make application for and circulate
petitions in the City of Apache Junction for initiative,referendum,nomination
and recall actions;and
WHEREAS,requiring that petition applicants and circulators for initiative,
referendum,nomination,and recall petitions be residents of the City of Apache
Junction will reinforce State statutes and decided case law,and will assure that
petition applicants and circulators have a legitimate stake in the outcome as
residents of the City.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA AS FOLLOWS:
SECTION I.IN GENERAL
That the Apache Junction City Code Chapter 1 General,Article 1-13 Qualified
Electors is hereby amended to read as follows:
Article 1-13 Residency Requirements for Applicants and Circulators
1-13-1 Petition Applicants and Circulators:Eligibility
1-13-2 Definition of Resident
Section 1-13-1 Petition Applicants and Circulators:Eligibility
All applicants and circulators of nomination and recall petitions for Mayor
or City Councilmembers,and all applicants and circulators of referendum and
initiative petitions shall be city of Apache Junction residents,who must have
been a "resident" of the city,as defined in Section 1-13-1(B)of this article,
for not less than twenty-nine (29)days next preceding the filing of an
application or the circulation of any petition.
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Section 1-13-2 Definition of Resident
A.For purposes of this section,the term "resident"is defined as an
individual having both actual physical presence and intent to remain
in the corporate limits of the City of Apache Junction,which may be
demonstrated by the following:
1.A valid Arizona Driver's License or official Arizona
Identification Card,showing a current address within the
corporate limits of the City of Apache Junction:or
2.Any other valid form of identification showing an address
within the corporate limits of the City of Apache Junction,
such as,but not limited to any of the following:
a.a change of address card issued by the United States
Postal Service.
b.registration of a vehicle,RV,or boat.
c.a United States or Arizona tax return.
d.a lease or rental agreement.
e.a paid utility bill (water,sewer,gas,telephone,
cable,sanitation,wastewater).
f.financial information from a credit union,bank or other
financial institution located within the City of Apache
Junction.
B.In order for a political committee to be considered a "resident",an
officer of the committee must be a "resident"as defined herein.
SECTION II.REPEALING ANY CONFLICTING PROVISIONS
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 III.PROVIDING FOR SEVERABILITY
If any section,subsection,sentence,phrase,clause or portion of this ordinance
or any part of the Code adopted herein by reference is for any reason held to be
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invalid or unconstitutional by the decision of any court of competent
jurisdiction,such decision shall not affect the validity of the remaining
portion thereof.
SECTION IV.DECLARING AN EMERGENCY
The immediate operation of the provision of this ordinance is necessary for the
immediate preservation of the public peace,health or safety,and that an
emergency is hereby declared to exist,such emergency being,but is not limited
to,the proximity in time to the first day nomination petitions may be circulated
for the March/May,2001 primary and general elections which is Monday,November
13,2000.This ordinance shall be in full force and effect from and after its
passage,adoption and approval by the Mayor and Council of the City of Apache
Junction,and shall not be subject to the referendum provisions under A.R.S.§19-
142(B).
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THIS 7TH DAY OF NOVEMBER ,2000.
SIGNED AND ATTESTED TO THIS 7TH DAY OF NOVEMBER ,2000.
DOUGLAS COVEMAN
Mayor
ATTEST:
/
KATHLEEN CONNELLY G7
City Clerk
APPROVED AS TO FORM:
G g e e.oo
RICHARD J.STERN
City Attorney
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