HomeMy WebLinkAboutORD1445ORDINANCE NO. 1445
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY
CODE,VOLUME I, CHAPTER 2:MAYOR, COUNCIL, AND APPOINTED
BOARDS AND COMMISSIONS,ARTICLE 2-3:COUNCIL ELECTION,BY
ADDING SECTION 2-3-6 INITIATIVE,REFERENDUM AND RECALL
SPECIAL ELECTIONS;REPEALING ANY CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, pursuant to Arizona Constitution, Article 4, Part 1,
Section 1 and Article 8, Part 1, Section 1, qualified electors have
the right of initiative and referendum and to recall public
officers; and
WHEREAS, pursuant to Dewey v. Jones,159 Ariz. 409, 767 P.2d
119 (App.Div. 2,Dept. A)(1989),the city has the authority to
pass an ordinance which allows the city to establish special
election dates for qualified referendum, initiative and recalls.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
Apache Junction City Code,Volume I, Chapter 2:Mayor, Council, and
Appointed Boards and Commissions,Article 2-3:Council Election,be
amended to add Section 2-3-6 Initiative,Referendum and Recall
Special Elections,as follows:
SECTION 2-3-6 INITIATIVE, REFERENDUM AND RECALL SPECIAL ELECTIONS
There is reserved to the qualified electors of the city the power
of initiative,referendum, and recall as prescribed by the state
constitution.When an initiative or referendum is required to be
placed upon the ballot,the council shall do so at the next
regularly scheduled general election, or at a special election on
a date permitted under A.R.S. § 16-204, as amended.When a recall
is required to be placed upon the ballot, the city clerk shall do
so at the next regularly scheduled general election,or at a
special election on a date permitted under A.R.S.§ 16-204,as
amended.
ORDINANCE NO. 1445
PAGE 1 OF 2
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All other ordinances and parts of ordinances in conflict with the
provisions of this ordinance or in conflict with any part of the
code adopted herein by reference are also hereby repealed.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 invalid, pre-empted or unconstitutional
by the decision of any court of competent jurisdiction,such
decisions shall not affect the validity of the remaining portions
thereof.
SECTION IV DECLARING AN EMERGENCY
The immediate operation of the provisions of this ordinance is
necessary for the immediate preservation of the public peace,
health or safety, and that an emergency shall be in full force and
effect from and after its passage,adoption and approval by the
Mayor and City Council of the City of Apache Junction.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUN L OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS .41717r DAY OF //poem_,2017.
SIGNED AND ATTESTED TO THIS 4 7'4 DAY OF 4 1 9A -a-•, 2017.
JEFF SERD
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
3 -21-17
R. JOEL STERN
City Attorney
ORDINANCE NO. 1445
PAGE 2 OF 2