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  1. Overview: Arizona Constitutional Convention (1910) [2023 Edition]
  2. Full Record: Arizona Constitutional Convention (1910) [2023 Edition]
  3. Committee:Convention
  4. Session: 1910-12-02 14:00:00
  5. Event type: CREATE_FROM

Arizona Constitutional Convention (1910) [2023 Edition]

Convention

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Document introduced in:

Session 16274: 1910-12-02 14:00:00

The Convention passes Substitute Propositions Number 52, 22, 113, and 15.

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Substitute Proposition Number 52

There are 0 proposed amendments related to this document on which decisions have not been taken.

Section 1. Municipal corporations shall not be created by special laws, but the legislature, by general laws shall provide for the incorporation and organization of cities and towns and the classification of same in proportion to population subject to the provisions of this article.

Section 3. Any city containing, now or hereafter, a population of more than three thousand five hundred (3,500) inhabitants may frame a charter for its own government consistent with and subject to the Constitution and laws of the state by causing a board of freeholders composed of fourteen qualified electors of said city to be elected at large by the qualified electors of said city, at any general or special election, whose duty it shall be within ninety days after such election to prepare and propose a charter for such city which shall be signed in duplicate by the members of such board or a majority of them and returned, one copy of said charter to the chief executive officer of such city and the other to the county recorder of the county in which said city shall be situated. Such proposed charter shall then be published in one or more newspapers published and of general circulation within said city for at least twenty-one days if in a daily paper, or in three consecutive issues, if in a weekly paper, and the first publication shall be made within twenty days after the completion of the charter and within thirty days and not earlier than twenty days after such publication, it shall be submitted to the qualified electors of said city at a general or special election and if a majority of such qualified electors voting thereon shall ratify the same it shall thereafter be submitted to the governor for his approval and the governor shall approve the same if it shall not be in conflict with the Constitution and laws of this state. Upon such approval it shall become the organic law of such city and supersede any existing charter (and all amendments thereto) and all ordinances inconsistent with said new charter. A copy of such charter certified by the chief executive officer and authenticated by the seal of such city setting forth the submissions of such charter to the electors and its ratification by them shall after the approval of such charter by the governor be made in duplicate and deposited one in the office of the secretary of state, and the other, after being recorded in the office of said county recorder, shall be deposited in the archives of the city; and thereafter all courts shall take judicial notice of said charter. The charter so ratified may be amended by proposals therefor submitted by the legislative authority of the city to the qualified electors thereof (or by petition as hereinafter provided,) at a general or special election and ratified by a majority of the qualified electors voting thereon and approved by the governor as herein provided for the approval of the charter.

Section 4. An election of such board of freeholders may be called at any time by the legislative authority of any such city and such election shall be called by the chief executive officer of any such city within ten days after there shall have been filed with him a petition demanding same, signed by a number of qualified electors residing within such city equal to twenty-five per centum of the total number of votes cast at the next preceeding general municipal election and such election shall be held not later than thirty days after the call therefor. At such election a vote shall be taken upon the question of whether or not further proceedings towards adopting a charter shall be had in pursuance to the call and unless a majority of the qualified electors voting thereon shall vote to proceed further, no further proceeding shall be had and all proceedings up to that time shall be of no effect.

Section 5. No municipal corporation shall ever grant, extend or renew a franchise without the approval of a majority of the qualified electors residing within its corporate limits who shall vote thereon at a general or special election and the legislative body of any such corporation shall submit any such matter for approval or disapproval to such electors at any general municipal election or call a special election for such purpose at any time upon thirty days notice and a franchise shall be granted, extended or renewed for a longer term than twenty-five years.

Section 6. Every municipal corporation within this state shall have the right to engage in any business or enterprise which may be engaged in by a person, firm or corporation by virtue of a franchise from said municipal corporation.

Section 7. No grant, extension or renewal of any franchise or other use of the streets, alleys or other public grounds, or ways of any municipality shall divest the state or any of its subordinate subdivisions of their control and regulation of such use and enjoyment. Nor shall the power to regulate the charges for public services be surrendered; and no exclusive franchise shall ever be granted.

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