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HomeMy WebLinkAboutTown Code Chapter 02-2002 CHAPTER 2 MAYOR AND COUNCIL Article 2-1 COUNCIL Section 2-1-1 Elected officers The elected officers of the town shall be a mayor and six (6) council members. The mayor and council members shall constitute the council and shall continue in office until assumption of duties of office by their duly elected successors. The mayor and council members shall serve four (4) year overlapping terms. [Adopted byOrd. No. 96.13; revised by Oral No. 99.11] Section 2-1-2 Corporate powers The corporate powers of the town shall be vested in the council and shall be exercised only as directed or authorized by law. All powers of the council shall be exercised by ordinance, resolution, order or motion. [Adopted byOrd. No. 96.13] Section 2-1-3 Duties of office Members of the council shall assume the duties of office immediately upon being sworn in, which shall occur within twenty (20) days following the date of the general election. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.11] Section 2-1-4 Vacancies A. The council shall fill by appointment for the unexpired term any vacancy on the council that may occur for whatever reason, by the following procedure: 1. Whenever a vacancy on the town council occurs, the town clerk shall advertise, post, and give public notice of the vacancy and availability of a seat on the town council. 2. Those interested in filling the vacancy shall submit to the town clerk an application, resume, and other support materials as desired, and the clerk shall distribute all such materials to all remaining council members. 3. Thereafter, the council will fill the vacant seat by a majority vote. The vote will not be by nomination and election, rather it will be conducted by making a motion to appoint a certain individual to the vacant council seat to fulfill the remaining term, and if the motion fails for lack of a second or majority vote there may thereafter be a subsequent motion for a different or the same individual. The council may continue making motions until a motion to Marana To,am Code 2-1 MARANA TOWN CODE rev. 1999 appoint an applicant to the vacant seat is successfully passed by a majodty of the council. B. In the event of a vacancy in the mayor's position, the council shall elect one council member willing to serve as mayor, who shall resign his or her council seat and become the mayor as provided hereinafter. 1. In the event the vacancy in the mayor's position occurs more than eighteen (10) months following the commencement of the terms, the appointed mayor shall complete the elected mayor's term. 2. In the event the vacancy in the mayor's position occurs within eighteen (18) months following the commencement of the term, then the town shall schedule a special election for mayor to occur at the next primary and general elections of the town, calling for the election of a mayor to complete the remaining two years of the term. The appointed mayor shall serve until the newly elected mayor takes office to complete the remaining two year mayoral term. [Adopted by Ord. No, 96.13; revised by Ord. No. 99.11; revised by Ord. No. 99.27] Section 2-1-5 Oath of office Immediately prior to assumption of the duties of office, the mayor and each council member shall take and subscribe to the oath of office. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27] Section 2-1-6 Bond Prior to taking office, the mayor and every council member shall execute and file an official bond, enforceable against the principal and their sureties, conditioned on the due and faithful performance of their official duties, 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 such officer's official capacity. A person so injured or aggrieved may bring suit on such bond under provisions identical to those contained in A.R.S. § 38-260. Bonds shall be in such sum as shall be provided by resolution, and the premium for such bonds shall be paid by the town. Nothing in this section shall preclude the town from obtaining a blanket bond pursuant to the provisions of A.R.S. § 9-302. [Adopted by Ord. No. 96.13] Section 2-1.7 Financial disclosure statement Each member of the council shall file a financial disclosure statement in a form and with such information as provided by resolution of the council. [Adopted by Ord. No. 96.13] Marana Town Code 2-2 MARANA TOWN CODE rev. 1999 Section 2-1-8 Compensation There shall be no compensation of elective officers for their pedormance of their elective duties, however reimbursement may be made to elective officers for expenses incurred in the performance of elective duties pursuant to the general approval of the council. [Adopted by Ord. No. 96.13] Article 2-2 COUNCIL ELECTION Section 2-2-1 Primary election Any candidate who shall receive at the primary election a majority of all the votes cast shall be declared to be elected to the office for which he or she 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 of the votes than there are offices to be filled, then those equal in number to the offices to be f/lied receiving the highest number of votes shall be declared elected. [Adopted byOrd. No. 96.13] Section 2-2-2 Non-political ballot Nothing on the ballot in any election shall be indicative of the support or political party affiliation of any candidate. [Adopted by Ord. No. 96.13] Section 2-2-3 General election nomination if at any primary election held as above provided there is any office for which no candidate is elected, then as to such office said election shall be considered to be a pr/mary election for nomination of candidates for such office, and the second or general municipal election shall be held to vote for candidates to fill such office. Candidates to be placed on the ballot at such second or general municipal election shall be those not elected at such first election, shall be equal in number to twice the number to be elected to any given office or less than that number if there be less than that number named on the primary election ballot, and persons who receive the highest number of votes for the respective offices at such first election shall be the only candidates at such second election, provided that if there be any person who, under the provisions of this section, 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 therefor, then all such persons receiving an equal number of votes shall likewise become candidates for such office. [Adopted byOrd. No. 96.13] Marana Town Code 2~3 MARANA TOWN CODE rev. 1999 Section 2-2-4 Election to office *]'he candidates equal in number to the persons to be elected who receive the highest number of votes shaft be declared elected. [Adopted byOrd. No. 96.';3] Section 2-2-5 Candidate financial disclosure Each candidate for the office of council member 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 state law and resolution of the council. [Adopted by Ord. No. 96.13] Section 2-2-6 Initiative and referendum A. There is reserved to the qualified electors of the town the power of the initiative and the referendum as prescribed by the State Constitution. Any initiative or referendum matter may be voted on at the next ensuing primary or general election, or at a special election called by the council. B. Number of Signatures 1. The totaJ number of registered voters qualified to vote at the last municipal election, whether regular or special, immediately preceding the date upon which any initiative petition is filed shall be computed. 2. The basis upon which the number of qualified electors of the town required to file a referendum petition shall be as determined by state law. C. Time of Filing 1. Initiative petitions shall be filed at least one hundred twenty (120) days prior to the election at which they are to be voted upon. 2. Referendum petitions shall be filed within thirty (30) days of the adoption of the ordinance or resolution to be referred. If the town clerk is unable to provide petitioners with a copy of the ordinance or resolution at the time of application for an official number or on the same business day of the application, the thirty (30) day period shall be calculated from the date such ordinance or resolution is available. D. The following procedures relating to sample ballots and publicity pamphlets are hereby adopted for conducting elections at which an initiative or referendum is to be voted upon: 1. A publicity pamphlet, containing the entire text of the official ballot, shall be mailed by the town clerk to each household within the town Jn which a Marana Town Code 2-4 MARANA TOWN CODE rev. 1999 registered voter resides, not less than eight (8) days prior to the election to which the sample ballot pertains. 2. The pamphlet shall Contain the proposition as it will appear on the ballot together with a Summary of each proposition. Each summary shall be followed by any arguments supporting the proposition followed by any arguments opposing the proposition. 3. Arguments supporting and opposing propositions appearing on the ballot shall be filed with the office of the town clerk by 5:00 p.m. not less than sixty (60) days prior to the election at which the propositions are to be voted upon. Arguments supporting or opposing propositions appearing on the ballot shall meet the following requirements: i. Arguments must relate to the propositions proposed by initiative or referred by referendum which will appear on the ballot. ii. Arguments must identify the proposition to which they refer and indicate whether the argument is in support of or in opposition to the proposition. iii. Arguments may not exceed three hundred (300) words in length. iv. Arguments must be signed by the person submitting them. Arguments submitted by organizations shall be signed on behalf of the organization by an officer of the organization authorized to take such action. All persons signing documents shall indicate their residence or post office address. v. No person or organization shall submit more than one argument for each proposition to be voted upon. vi. Each argument shall be accompanied by a deposit in the amount of $250.00 to offset proportional costs of printing. This requirement shall not be waived on any account. [Adopted by Ord. No. 96.13; revised by Ord. No. 98.15; revised by Ord. No. 97.26; revised by Ord. No. 99.27] Section 2-2-7 Automatic recount A. When the canvass of returns in a special, primary or general town election shows that the margin between the successful candidate receiving the least number of votes and the unsuccessful candidate receiving the greatest number of votes for council, or the margin between the number of votes cast for and against initiated or referred measures, does not exceed five (5) votes, a recount of the vote upon such candidates, measures or proposals shall be required. B. When the canvass shows that a recount is required, the council shall forthwith certify the facts requiring a recount to the Pima County Superior Court. Marana Town Code 2-5 MARANA TOWN CODE rev. 1999 C. Up°n the C°urt ann°uncing the results of the election recount and entering an order setting forth its determination as required under A.R.S. § 16-665, the town clerk shall forthwith deliver to the candidate entitled thereto, as certified by the Court, the certificate of election. [Adopted by Ord. No. 96.13; revised by Ord. No. 97.26] Section 2-2-8 Eligibility for office A person shall not be a member of the town council unless, at the time of election, the person is eighteen (18) years old or o der, s a qualified elector residing within the town at the time of electon, and has resided in the town for one (1) year next preceding the election, or if an area has been annexed to the city or town for a period of less than one (1) year next preceding the election has resided in such area for one (1) year next preceding the election. If an annexed area is subject to the provisions of this subsection, a person may meet the residency requirements if he has resided within the existing limits of the Town for a one (1) year period. [Adopted by Ord. No. 96.13; revised by Ord. No. 97.26] Article 2-3 MAYOR AND VICE MAYOR Section 2-3-1 Vice mayor At the first meeting after their election and qualification, but in any event within twenty (20) days after the date of the generel election, the council members shall choose a vice mayor from among their number by majority vote. The vote will not be by nomination and election, rather it will be conducted by making a motion to appoint a certain council member as vice mayor, and if the motion fails for lack of a second or majority vote there may thereafter be a subsequent motion for a different or the same individual. The Council will continue making motions until a motion to appoint a council member as vice mayor is successfully passed by a majority of the council. The vice mayor shall assume the duties of the mayor in the absence, disqualification or resignation of the mayor. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.11] Section 2-3-2 Acting mayor In the absence or disability of the mayor, the vice mayor shall act as the mayor. In the absence of both the mayor and vice mayor, the Council may designate another of its members to serve as acting mayorwho shall have all the powers, duties and of the mayor during such absence or disability, responsibilities [Adopted by Ord. No. 96.13; revised by Ord. No. 99.11; revised by Ord. No. 99.27] Section 2-3-3 Term of the vice mayor; removal The vice mayor shall be selected as set forth herein, and shall serve at the pleasure of the council, but in no event longer than a two (2) year term unless he or she is re-appointed as set forth herein. The vice mayor may be removed prior to the expiration of his or her term Marana Town Code 2-6 MARANA TOWN CODE rev. 1999 by an affirmative vote of the Council, provided that no matter how many council members are present at the meeting at which the vote to remove is taken, it shall require an affirmative vote of at least four (4) council members to effectuate a removal. In the case of the removal of the vice mayor the council shall select a replacement as provided in this article. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.11] Section 2-3-4 Powers and duties of the mayor The powers and duties of the mayor shall include the following: A. The mayor shall be the chief executive officer of the town. B. The mayor shall be the chairman of the Council and preside over its meetings. The mayor may make and seCond motions and shall have a voice and vote in all its proceedings. The mayor shall execute and authenticate by his or her signature such instruments as the council or any statutes, ordinances or this Code shall require. D. The mayor shall make such recommendations and suggestions to the council as he or she may consider proper. E. The mayor may, 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, rout or affray 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. F. The mayor shall perform such other duties required by state statute and this Code as well as those duties required as chief executive officer of the town. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.11] Section 2-3-5 Failure to sign documents If for five (5) consecutive days the mayor fails or refuses to sign any ordinance, resolution, contract, warrant, demand or other document or instrument requiring his or her signature, Marana Town Code 2-7 MARANA TOWN CODE rev. 1999 then a majority of the members of the council may, at any regular or special meeting, authorize the vice mayor or, in his or her absence 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. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.11] Article 2-4 COUNCIL PROCEDURE Section 2-4-1 Regular and special council meetings A. All meetings of the Council shall be public meetings and shall be conducted in accordance with A.R.S. § 38-431 et seq. (the "open meeting law") and all other federal, state and local laws. The council shall hold its regular meetings on the first and third Tuesday of each month, provided that when the day fixed for any regular meeting of the council falls upon a day designated by law as a legal holiday or election day, the meeting shall be held on the next succeeding day which is not a holiday, unless otherwise set by action of the council. All regular council meetings shall commence at 7:00 p.m. unless otherwise designated. B. The mayor may convene the council at any time by notifying the members of the council of the date, hour and purpose of such special meeting. The mayor or the clerk, upon the written request of three members of the council, shall convene the council at any time by notifying the members of the council of the date, hour and purpose of such special meeting. The public shall be given at least twenty-four (24) hours notice of such special meetings by the posting of a notice in at least three public places within the town, except that in the case of an actual emergency a meeting may be held upon such notice as is appropriate under the circumstances. Study sessions shall not be conducted as formally as council meetings, although they shall follow the laws and this code. C. AIl regular meetings and special meetings of the ceuncil shall be held at the Marana Town Hall, 13251 North Lon Adams Road, Marana, Arizona, unless otherwise designated. D. Notice of each meeting shall be distributed at least twenty-four (24) hours in advance to each council member (if possible), and posted in at least three (3) places as provided by law. In the case of an emergency as defined by the open meeting law, notice shall be as soon as is reasonable under the circumstances. Notice in this paragraph is intended to mean a complete agenda of the meeting, including the kind of meeting, location, date and time of the meeting. Notice to council members of all non-regular meetings shall be by any and all means possible to assure that the best possible efforts were made to contact each council member. E. Written minutes shall be taken of each council meeting, and if recording equipment is available, each council meeting shall also be tape recorded. These provisions shall not apply to executive sessions, which are governed elsewhere in this Code. [Adopted by Ord. No. 96.13] Marana Town Code 2-8 MARANA TOWN CODE rev. 1999 Section 2-4-2 Agenda preparation and distribution A. Agendas for town council meetings shall be prepared by the agenda committee, which shall be made up of the mayor (or his or her designee), town manager, town clerk, town attorney, and any other person designated by the mayor or town manager. In the absence of the mayor, the vice mayor shall serve in his or her stead. The agenda Committee sha! review, adjust and agree f~ the items on each agenda. Although the agenda committee shall formulate each agenda, the final determination of what will be placed on an agenda will be in the sole discretion of the mayor, except as provided in the following subsections. B. Notwithstanding the mayor's discretion of what items to agenda, in the event that three or more council members desire that an item be placed on the agenda, that item must be placed upon the agenda for the second regular town council meeting after the date of the request. C. Except in an emergency (as determined by the mayor or town manager), any person desiring te place an item on the agenda shall prepare end deliver a summary of the issue a reasonable time prior to the agenda committee meeting. If the request is made by an employee or staff member, it shall be delivered to the town manager, and if the request is made by a Council member or member of the public, it shall be delivered to any member of the agenda committee. D. All blue sheets, reports, communications, ordinances, resolutions, contract documents, and other documents to be included in the "council packet" shall be submitted to the town manager for review a reasonable time prior to the agenda committee meeting, and the town manager will work with the department preparing the materials to ensure that ail final materials are submitted to the town clerk or his or her designee prior to the final preparation of the Council packet. The final agenda will be prepared by the town clerk, approved as to form by the town attor signed bY the mayor or, in his or her absence thev ....... ,-, .. n. ey., and , ,..,~ ,.ayuf. ~..,ouncll pacKe~s will be delivered to all council members at least twenty-four (24) hours prior to the council meeting. These deadlines may be waived for any particular item by the mayor or town manager only if it is determined that it is impossible to meet the deadline. E. The agenda format attached hereto (Appendix "A") will generally pertain to all regularand special town council meetings, study sessions, joint meetings with other entities, retreats, subcommittee meetings, task force meetings, and all other meetings held pursuant to the open meeting law, although variations maybe made from time to time. Although it is expected that this exact format will be used for regular and special council meetings, for study sessions and other meetings a relaxed format may be used which excludes many of the unnecessary items. F. Agenda items requiring action by the Council which are generally routine items, not believed to be Controversial, not requiring Council discussion, or issues already discussed or heard at public hearing for which final adoption by resolution or ordinance is needed may be contained in a consent agenda. A single motion and affirmative vote "to approve the consent agenda" will approve all items in the consent agenda, including any resolutions or ordinances included Jn the consent agenda. Prior to a motion to pass the consent agenda, and upon the request of any Marana Town Code 2-9 MARANA TOWN CODE rev. 20~7 council member, any item on the consent agenda can be removed from the consent agenda and considered immediately following the COnsent agenda, in the event the consent agenda is not passed, the council may discuss and vote upon each item listed on the consent agenda immediately thereafter. G. In formulating the agenda, items for which there is attendance of speakers, presenters or members of the public, may be placed higher on the agenda in order to allow those individuals to leave after the item is completed. [Adopted by Ord. No. 96.13~ revised by Ord. No. 99.27] Section 2-4-3 Duties at meetings A. The Mayor shall be the presiding officer of the counci and the Committee chairman shall be the presiding officer of such committee. In the event of the absence of the mayor, the vice mayor shall be the presidhg officer until the return of the mayor. In the event of the absence of both the mayor and vice mayor, the clerk shall call the meeting to order and a temporary presiding O~cer shal be elected by a majority of those council members present, and that person shall serve until the return of the mayor or vice mayor. Upon the return of the mayor or vice mayor, the temporary presiding officer shall relinquish the chair when the business immediately before the council is completed. The word "mayor" as used in this section shall mean the presiding officer of the meeting. B. The mayor shall call the meeting to order, and lead or designate the leading of the pledge of allegiance and, if desired, an invocation/moment of silence. The mayor shall preserve strict order and decorum at all regular and special meetings of the council. The mayor may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all members. The mayor shall not be deprived of any of the rights and privileges of a council member. C. The clerk shall take the roll call The clerk shaU announce each agenda item, reading into the record the item as listed on the agenda, sufficiently to advise the council and public as to what business is about to be considered by the council. The clerk shall also read motions into the record es set forth in this section and perform otherduties as set forth in fhis section or as directed by the mayor. D. The may°r may appoint a sergeant-at-arms at the council meetings, who shall carry out all orders and instructions given by the mayor for the purpose of maintaining order and decorum at the council meeting. Upon instructions of the mayor, it shall be the duty of the sergeant-at-arms to remove any person who violates the order and decorum of the meeting, as set forth hereinafk~r. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27~ Section 2-4.4 Procedures for meetings The following procedure will generally pertain to all regular and special town council meetings, study sessions, joint meetings with other entities, retreats, subcommittee meetings, task force meetings, and all other meetings held pursuant to the open meeting ~aw: Marana Town Code 2-10 MARANA TOWN CODE rev. 2000 A. _Call to order, the mayor shell call the meeting to order. B. ~: the mayor or his or her designee shall lead the pledge. C. Invocation/moment of silence: if desired, the mayor or his/her designee shall lead the invocation/moment of silence. D. Roll call: roll shall be celled by the clerk. Any absence which hes been explained to the mayor, town manager, or town clerk in advance shall constitute an "excused absence", and any absence which has not been explained in advance shall be an "unexcused absence". At the time of takhg roll, the mayor shall place into the record whether a counc~ member's absence '" , IS excused or"unexcused". E. ~: the council shall vote to approve the agenda as written, or shall modify the agenda by moving items or deleting items, and shal approve the modified agenda. The Council may, by majority vote, delete agenda items or Consider items out of sequence from the printed agenda, so long as public notice is adhered to. F. ~: the clerk shall present minutes of previous meetings to the council for approval. Councilmembers who were not present ata previousmeeting may abstain from the vote approving those minutes, although this is not required. The council may approve multiple minutes by one vote, and if one or more CouncJ~ member expressed a desire to abstain from ff~e vote on One set of minutes, the motion may be to approve the minutes "except as noted by counci member(s) G. ~: persons wishing to address the council on an item not already on the agenda may do so, although each speaker is limited to three (3) minutes. The mayor or council may limit the total time offered speakers. At the conclusion of call to the public, individual members of the council may respond to criticism made by those who have addressed the council, may ask staff to review the matter or may ask that the matter be placed on a future agenda. H. ~: a council member may ask a staff member about a particular issue in his or her report, but discussion of any item mentioned in a staff report may not be held unless that item is properly placed on the agenda. I. Order of business: the clerk, if directed by the mayor, shall announce each order of business, and the mayor shall then ask the council its pleasure on the item. A motion need not be made in order for an item to be discussed. Unless the council determines that no report is necessary, staff shall have an opportunity to report on the issue and will respond to council questions. The council may take action on any item listed on the agenda, and at any time that agenda item is before the council a motion may be made as provided in this article. J. Town manaqer's and mayor's report,-., the town manager's and the mayor's reports may be written or oral. Any council member may ask the town manager or mayor about a particular item in his or her report, but discussion of any item mentioned in the report may not be held unless that item is properly placed on the agenda. Marana Town Code 2-11 MARANA TOWN CODE rev. 2000 K. ~: any council member may request that an item be placed on a future agenda, if any other council member(s) agree(s), he or she will show his or her support. Any item which is suggested and has support from at least two other council members must be scheduled for the second regular town council meeting following that meeting unless otherwise provided, and any suggested item which does not receive support from at least two other Councl members may be placed on a future agenda at the discretion of the mayor or the agenda committee. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27;, revised by Ord. 2000.21] Section 2..4-5 Executive sessions A. Executive sessions may be placed on an agenda under thesame circumstances as any other agenda item, however approval of the town attorney of all executive sessions shall be required to assure compliance with the open meeting law. Executive sessions may only be placed on the agenda if lhe issue is allowed to be considered in an executive session pursuant to A.R.S. § 38-431.03. B. Under normal circumstances, executive sessions will beattended by the mayor and council, town manager, and town attorney. The mayor may direct or a majority of the council may vote to have other individuals attend the executive session. C. Executive sessions are not to be tape recorded, but an individual appointed by the mayor shall take written minutes of executive sessions to document the nature and extent of the discussions. All minutes of executive sessions shall be sealed and retained by the town attorney. Only those individuals who were present at a particular executive session or others specifically permitted by law may review the minutes of that session. [Adopted by Ord. No. 96.13~ revised by Ord. No. 99.27] Section 2-4-6 Public hearing procedure A public hearing may be placed on the agenda under the same agenda item as the discussion and action of the council. The normal procedure for public hearings shall be as set forth hereafter. A. ~: The agenda item shall be called by the clerk as any other agenda item. B. Declaration of public hearinq: the mayor shall declare that the Council is now in public hearing. Marena Town Code 2-12 MARANA TOWN CODE rev. 2000 C. P--~.~: the proponent may make an opening statement in order to explain the item to the council and public. The mayor or council may limit the time for this statement as necessary. D. ~: staff shall have an opportunity to report on the issue and answer questions by the council. E. Written comments: written COmmunications filed with the town or staff shall be presented to the council or read into the record. F. P~ublic comments: testimony from members of the public shall be permitted. Members of the public shall be limited to five (5) minutes per person, or less as designated by the mayor or council. The total time allotted to the public on any issue may be limited by the mayor or council, but in no event will the public testimony be limited to less than one hour. G. Council discussion: discussion by council members may be held at this time, or reserved until the council has COme out of public hearing. H. Preoonent closinq statement: the Proponent may be allowed a brief closing statement in order to rebut the statements made by the public, to offer a COmpromise, or to otherwise address the issue. I. D~eclaration of end of public hearlr, j Unless a majority of the council members object, the mayor shall declare the termination of the public hearing. J. Council discussion and voto: the agenda item will then be discussed and action taken as on any other agenda item. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27] Section 2-4-7 Discussion and voting procedure A. A quorum must be present in order for the COuncil to consider or act upon any business. A quorum shall consist of a majority of the members of the council, excluding vacancies. In the event a quorum is not present, the meeting shall be called to order, and the only motion that can be made, considered and passed is a motion for adjournment. B. Each council member has a responsibility for compliance with A.R.S. § 38-501 et seq., concerning conflicts of interest. Any member of the COuncil who believes he or she has a COnflict of interest, shall, immediately upon determining that a conflict exists, declare the conflict of interest and explain the basis for the conflict. That COuncil member may then leave the room and shall refrain from taking any part in the meeting, discussion, COnsideration or determination of that issue. If that issue is not resolved at that meeting, that COuncil member shall not discuss the matter with any other council member until the mater is finally resolved. The member who declared the conflict may return to his or her seat when that agenda item is completed. Marana Town Code 2-13 MARANA TOWN CODE rev. 1999 C. Every council member desiring to speak shall address the mayor, and upon recognition by the mayor, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language. D. A council member, once recognized, shall not be interrupted when speaking unless it is to cell him or her to order. If a council member, while speaking, is called to order, he or she shall cease speaking until the question of order is determined, and, if in order, he or she shall be permitted to proceed. E. While the council is in session, the council members must preserve order and decorum. A member shall neither by conversation or otherwise, delay or interrupt the proceedings or the peace of the council nor disturb any member while speaking or refuse to obey the orders of the council or mayor, except as otherwise herein provided. F. In the event a person in the audience wishes to address the council on an issue on the agenda which is not a public hearing, the mayor may permit the person to speak or may present the request to the council. If a majority of the council wishes to hear from the public on the issue, that person shall be permitted to speak, however any such public address shall be limited to five (5) minutes per person and as otherwise restricted by the mayor or council. Written communications which were delivered to the mayor prior the agenda item being called will be read into the record or a copy shall be delivered to each council member. G. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Council, or who interferes with the order of business before the council, and who fails upon request of the mayor to cease such activity, shall be barred from further audience before the council for the remainder of that meeting unless permission to continue is granted by a majority vote of the council. H. A motion shall be made by beginning the statement with words such as, "1 move that...." A motion must be stated clearly, and specifically state the contents of the motion. There can be no discussion after a motion is made until there is a second or the motion dies for lack of a second. If there is not a second, the mayor shall announce that the motion failed for lack of a second, and the discussion may continue, or the council may move on to the next agenda item. I. After the motion is made and seconded, the clerk should read back the motion from the official record. The mayor may then call for discussion. J. At any time before the question is called on a pending motion, the council member who made the motion may ask that his or her motion be amended. At the time of the amendment, he or she shall clearly state the amendment, and the amendment shall be read back by the clerk. If the council member who seconded the vote agrees, then the motion shall be considered amended voluntarily. K. At any time before the question is called on a pending motion, a council member may make a motion to amend the motion. At that time the discussion of the underlying issue will stop. If there is not a second to the motion to amend, then discussion on the underlying issue will continue. If there is a second to the motion Marana Town Code 2-14 MARANA TOWN CODE rev. 1999 to amend, then all discussion will be confined to the motion to amend, and there shall be a vote on the motion to amend. If the motion to amend is adopted by a majority of the council, discussion will continue on the (now) amended motion. Ifthe motion to amend fails, discussion will continue on the odginal motion on the floor. L. At any time before the question is called on a pending motion, the Council member who made the motion may ask that his or her motion be withdrawn. The motion will be withdrawn only in the event that the council member who seconded the motion agrees with withdrawal of the motion. M. Discussion shall end at the time the question is called, or at the time the mayor determines that there is no further discussion desired by any COuncil member. The mayor shall direct the clerk to read the motion, and the clerk shall read the motion as made or amended. The only persons who can object to the form of the motion .at this time are the council members who made and seCOnded the motion. If there is a COnflict as to whether the motion as read is the motion as intended, the matter will revert to further discussion until the discrepancy is corrected. N. The mayor shall ask council members to designate their individual votes by announcing "aye" or "nay." If, prior to the vote or after the vote, any COuncil member requests a roll call vote, the clerk shall calJ roll, and each council member shall state his or her vote aloud. O. After the vote, the clerk shall announce whether the motion failed or passed. If the vote was unanimous the clerk shall so state, and if it was not, the clerk shall state the individual votes for the reCOrd, stating the number of ~aye" and "nay" votes. If any council member disagrees with the vote as read back by the clerk, he or she shall immediately request a clarification or roll call vote. After the clerk reads back the individual votes, silence by any council member displays his or her agreement with the vote as read. P. A motion passes if it receives more "aye" votes than the combined number of "nay" votes plus the number of council members abstaining from voting on the motion, regardless of the reason for the abstention. In the case of a tie in votes on any motion, the motion shall be considered lost. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27] Section 2-4-8 Motions to reconsider A. Reconsideration of any action taken (or not taken) by the town council may be requested only by a council member who was on the prevailing side of the vote. Such a COuncil member may request that the issue of reconsideration be placed on the agenda for discussion and possible action, although this request must be made prior to the start of the next regular town council meeting following the meeting at which the action was taken. If such a request is made, reconsideration will be placed on the agenda for the second regular town council meeting following the meeting at which the original action was taken. The agenda will list reCOnsideration of the vote as one item, and the re-vote on the issue as a separate item. Marana Town Code 2~ 15 MARANA TOWN CODE rev. 1999 B. When that agenda item is called, the council may discuss the reconsideration, however a motion to reconsider may only be made by one of the council members who was on the prevailing side of the vote. Such a motion may be seconded by any council member. The discussion and vote of the motion to reconsider shall be as for any other business before the council. C. If the motion to reconsider failed, the council will skip the next agenda item, which will be the discussion and vote of the odginal issue. If the motion to reconsider was successful, the council will discuss and vote on the original issue as for any other business before the council, and any council member may make motions on the original issue. [Adopted by Ord. No. 96.13] Article 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS Section 2-5-1 Prior approval Before presentation to the council, all ordinances, resolutions and contract documents shall have been reviewed as to form by the attorney and shall, when there are substantive matters of administration involved, be referred to the person who is charged with the administration of the matters. Such person shall have an opportunity to present his or her objections, if any, prior to the passage of the ordinance, resolution or acceptance of the contract. [Adopted by Ord. No. 96.13] Section 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 town attorney or the town manager may present ordinances, resolutions and other matters or subjects to the town council, and any member of the town council may assume sponsorship thereof by moving that such ordinance, resolution, matter or subject be adopted. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27] Section 2-5-3 Reading of proposed ordinance Ordinances shall be read, prior to adoption, but may be read by title only, provided that the council is in possession of printed copies of said ordinance. A member of the council may request that the ordinance under consideration be read in full, and in such a case the ordinance shall be read in full. [Adopted by Ord. No. 96.13] Section 2-5-4 Requirements for an ordinance Each ordinance should have but one subject, the nature of which is clearly expressed in the title. Whenever possible, each ordinance shall be introduced as an amendment to this Marana Town Code 2-16 MARANA TOWN CODE rev. 1999 code orto an existing ordinance, and, in such case, the title of the sections to be amended shall be included in the ordinance. [Adopted by Ord. No. 96.13] Section 2-5-5 Effective date of ordinances A. No ordinance, resolution or franchise shall become operative until thirty (30) days after its passage by the council, except measures immediately necessary for the preservation of the peace, health or safety of the town. Such an emergency measure shall only become immediately operative if it states in a separate section the reason why it is necessary that it should become immediately operative and only if it is approved by the affirmative vote of three-fourths of all the members elected to the Council. B. In addition to the provisions of subsection A of this section, the clerk shall certify the minutes of any council meeting at which an ordinance, resolution or franchise, except an emergency measure, is passed. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27] Section 2-5-6 Signatures required Every ordinance passed by the council shall, before it becomes effective, be signed by the mayor, attested by the clerk, and acknowledged that it has been approved as to form by the town attorney. [Adopted by Ord. No. 96.13] Section 2-5-7 Publishing required Only such orders, ordinances, resolutions, motions, regulations or proceedings of the council shall be published as may be required by state statute or expressly ordered by the Council [Adopted by Ord. No. 96.13] Section 2-5-8 Posting required Every ordinance imposing any penalty, fine, forfeiture or other punishment shall, after passage, be posted by the clerk in three (3) or more public places within the town and an affidavit of the person who posted the ordinance shall be filed in the office of the clerk as proof of posting. [Adopted by Ord. No. 96.13] Marana Town Code 2-17 MARANA TOWN CODE rev. 1999 Article 2-6 STANDING BOARDS, COMMITTEES AND COMMISSIONS Section 2-6-1 Establishment The council may create such standing boards, committees or COmmissions as it deems necessary upon a majority vote of the COuncil, except as otherwise provided in this COde or as required by statute. [Adopted by Ord, No. 96.13] Section 2-6-2 Appointment; vacancies; terms A. When a vacancy occurs on a standing board, committee or commission the council will fill the vacant seat by a majority vote. The vote will not be by nomination and election, rather it will be conducted by making a motion to appoint a certain individual to the vacant council seat to fulfill the remaining term, and if the motion fails for ~ack of a seCOnd or majority vote there may thereafter be a subsequent motion for a different or the same individual. The council may continue making motions until a motion to appoint an applicant to the vacant seat is successfully passed by a majority of the COuncil. The mayor or any council member may move the appointment of any person who meets the qualifications for the vacant position. B. The term of members of standing boards, COmmittees and Commissions shall be as set forth at the time of formation of the board, committee or commission, or as set forth by ordinance, resolution, motion, order, or in the bylaws of the board, committee or COmmission. C. The members of standing boards and commissions shall serve without compensation, however, members may be reimbursed foractual expenses incurred in conjunction with their duties upon authorization or ratification by the board, committee or COmmission and approved of such expenditures by the town council. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27] Article 2-7 SPECIAL COMMITTEES Section 2-7-1 Establishment The council may create such special COmmittees as it deems necessary upon a majority vote of the council, except as otherwise provided in this COde or as required by statute. Any time the council forms a committee or approves the formation of a committee, unless that COmmittee is designated as a standing COmmittee, it shall be designated as a special committee as provided in this article. Special committees may be created to address specific tasks assigned to them by the council. Special committees' terms of existence shall be for no more than one year and their membership shall include a number appropriate to the task involved. [Adopted by Ord. No. 96.13] Marana Town Code 2-18 MARANA TOWN CODE rev. 1999 Article 2-8 PLANNING AND ZONING COMMISSION Section 2.8-1 General provisions The planning and zoning Commission is established as an advisory Commission to the mayor and Council, As such, its function is to hear and consider matters of a legislative nature and of policy. [Adopted by Ord. No. 96.13] Section 2-8-2 Organization Membership on the planning and zoning Commission shall be by appointment of the town council, and it shall Consist of seven (7) voting members, one of whom shall be the chairman and one shall be the vice chairman. The commission shall adopt rules for its own organization and for the transaction of its business, but such rules shall not be in conflict with this Code, other ordinances of the town or with the laws of the State of Arizona. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27] Section 2-8-3 Appointment; vacancies; term A. When a vacancy occurs on the planning and zoning Commission, the council will fill the vacant seat by a majority vote. The vote will not be by nomination and election, rather it will be conducted by making a motion to appoint a certain individual to the vacant seat to fulfill the remaining term, and if the motion fails for lack of a second or majority vote there may thereafter be a subsequent motion for a different or the same individual. The Council may continue making motions until a motion to appoint an applicant to the vacant seat is successfully passed by a majority of the council. The mayor or any council member may move for the appointment of any person who meets the qualifications for the vacant position. B. The term of members of the planning and zoning Commission shall be four (4) years. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27] Section 2-8-4 Powers and duties A. P~reoarati0n of a General Plan. It shall be the function and duty of the planning and zoning Commission, after holding public hearings, to make and adopt and recommend to the council a general plan for the physical development of the town, including any areas outside of the town limits which, in the judgment of the commission, bear relation to the development of the town. Where the plan involves territory outside of the town limits, the provisions of the plan that pertain to external territory shall be made known to the appropriate authorities of Pima County or those municipalities having jurisdiction over said territory. Said general plan, with accompanying maps, plats and descriptive and explanatory matter shall show the Commission's recommendat ons for the physical development of the town and may include, among other things, methods of circulation and transportation, the general Marana Town Code 2-19 MARANA TOWN CODE rev. 1999 location and extent of public facilities for water, power, sanitation, playgrounds and drainage facilities; and the use of land, whether for residences, commerce, industry, agriculture, flood channels or open space. The commission may, from time to time, amend, extend or add to the general plan or carry any part of the plan's subject matter into greater detail. B. Reports and Recommendations. The planning and zoning commission may make reports and recommendations relating to the planning and development of the town to the council and to other organizations and residents of the town. The commission may recommend programs for public improvements and the financing thereof to executive or legislative officials of the town. C. Reeulation of Subdivisions and Other Larqe Scale Development~ It shall be the duty of the planning and zoning commission to prepare regulations governing the subdivision of land and other large scale developments within the town, to prepare amendments to such regulations when considered necessary and appropriate and to submit said regulations and amendments to the council for consideration and action. D. Al~Droval of Plans and Plats for Subdivisions and Other Laroe Scale Developments. It shall be the duty of the planning and zoning commission, when required by law, to review and recommend approval or denial of plans and plats for all subdivisions and other large scale developments within the Town, before such plans and plats may be considered by the council. E. Preoaration of a Zoninq Plan. The planning and zoning commission shall make and recommend to the council a zoning plan for the town, including both the full text of the town's zoning regulations and maps indicating the location and limits of the regulations and the various zones. All proposed amendments to the zoning regulations shall first be submitted to the commission for its review and recommendations. Said recommendations regarding any proposed zoning change shall be submitted to the council within thirty-one (31) days after submission to the commission, unless a longer period has been granted by the council. F. Conduct Hearinos and Meetinqs. The planning and zoning commission may conduct hearings and meetings with interested property owners and citizens of the town and others in the process of carrying out its functions and duties. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27] Article 2-9 BOARD OF ADJUSTMENT Section 2-9-1 General provisions There is hereby established a board of adjustment for the town. The board of adjustment is the quasi-judicial body of the town established to grant relief from certain provisions of the town zoning code, as specifically set forth, and within the limits herein established. [Adopted by Ord. No. 96.13] Marana Town Code 2-20 MARANA TOWN CODE rev. 1999 Section 2-9-2 Establishment The town council is hereby established as the Town of Marana board of adjustment. The council shall convene as the board of adjustment whenever it is necessary to fulfill the responsibilities of the board of adjustment. All meetings shall be open to the public and if the board meeting is conducted as part of a council meeting, the agenda shall clearly reflect that the council will be acting as the board of adjustment on that agenda item. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27] Section 2-9-3 Quorum and voting When acting as the board of adjustment, the council shall follow all rules, regulations and procedures that it follows as the town council. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27] Section 2-9-4 Powers and duties The board of adjustment shall perform the following duties: A. Variances. The board shall hear and decide on requests for variances from the terms of the land development code as provided therein. B. Interoretations. The board shall hear and decide on interpretations of the land development code as provided therein. C. Non nformin u s. The board shall hear and decide on applications for nonconforming uses as provided in the land development code. D. Other matters. The board shall consider such other matters as may be referred by the town council from time to time. [Adopted by Ord. No. 96.13] Article 2-10 INDEMNIFICATION OF OFFICERS AND EMPLOYEES Section 2-10-1 Persons covered All of the protections and benefits conferred by this article shall be enjoyed by any present or former mayor and each and all of the present or former members of the council, town officers, town magistrates, town employees, and all members of all town boards, committees, subcommittees, advisory committees and commissions which protected parties are hereinafter referred to individually as a "town officer" and collectively or jointly as "town officials." [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27] Marana Town Code MARANA TOWN CODE 2-21 rev. ~999 Section 2-10-2 Indemnification and protection of town officials A. Any town officer and all town officials shall be exonerated, indemnified and held harmless by the town from and against any liability or loss in any manner arising out of, or occasioned by, his or her service as a town officer or official and based upon any claim by any third-party that the town or such town officer or official, by any action or failure to act, damaged the property or infringed the rights of said third party, or of any other person on whose behalf said third-party brings a claim or legal action, provided such officer or official acted, or failed to act, in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interests of the town. B. The right to indemnification provided for in subsection (A) of this section shall extend as well to any claim brought by, or on behalf of, the town to recover damages alleged to have been occasioned to it or any of its property, by any act or failure to act of any town officer or official, except that no indemnification or exoneration shall be made in respect of any claim, issue or matter as to which such town officer or official shall have been adjudged to be liable to the town unless and only to the extent that the court in rendering such judgment shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such officer or official is fairly and reasonably entitled to indemnity for such expenses as such court may deem proper. The court in which any such action or suit was brought may determine upon application that, in view of all of the circumstances of the case, indemnity for amounts paid in settlement is proper and may order indemnity for the amount so paid in settlement. C. In any case where indemnification is required under the provisions of subsections (A) or (B) of this section, the town treasurer shall pay, on behalf of such town officer or official, any money judgment and shall perform the onerous provisions of any court order which may be entered against him or her when such judgment or order has become final and no longer appealable, or has not been stayed pending appeal. D. In any case where any town officer or official is or may be entitled to be exonerated, indemnified and held harmless pursuant to the provisions of subsection (A) of this section, the town shall protect and defend such officer or official from and against any litigation commenced against him or her, by engaging and compensating competent legal counsel to conduct his or her defense, and by paying all court costs and any fees of opposing legal counsel taxed or imposed by the court having jurisdiction. E. In any case where any town officer or official is or may be entitled to be exonerated, indemnified and held harmless pursuant to the provisions of subsection (B) of this section, the town shall pay the expenses, including attorneys' fees and the cost of a bond or other security pending appeal, incurred in defending the civil action, suit or proceeding by such officer or official in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of such town officer or official to repay such amount if it is ultimately determined that he or she is not entitled to be indemnified by the town as authorized in subsection (B) of this section. Marana Town Code MARANA TOWN CODE 2-22 rev. 1999 F. The coverage afforded by this section shall not apply in any case where indemnification is not permissible pursuant to any state statute or any determination that such indemnification would be contrary to public policy. [Adopted by Ord, No. 96.13] Section 2-10-3 Insurance coverage The town shall at all times procure insurance policies providing the maximum coverage and limits procurable at reasonable rates to protect its interests and to indemnify and protect all town officials and any town officer entitled to indemnification and protection pursuant to this article. Acceptance of coverage and undertaking of protection by any such insurance carrier shall be deemed to satisfy the requirements of this article on the part of the town. however, in any case or instance where an insurance carrier does not in fact accept coverage and defend any town officer or officials, or where the insurance policy limits are insufficient to cover any judgment entered against any town officer or officials, the town shall be bound by the provisions of this article to protect and indemnify pursuant to the provisions of section 2-10-2. [Adopted by Ord. No. 96.13] Section 2-10-4 Notice of claims It shall be a precondition to the assertion of any claim for protection and indemnity under this article that any town officer or officials, after having been served with process commencing litigation against him, her or them, or after having received written notice of a possible claim alleged to be covered under the provisions of section 2-10-2(A) or (B), shall promptly give notice of the pendency of such action, or the presentation of any such claim, to the town clerk, who shall in turn present such actual or potential claim to the council. It shall further be a precondition to coverage hereunder that a town officer or official claiming the protection and benefits conferred by this article shall at all times, and in every way, cooperate fully with legal counsel appointed by the town to defend against any threatened or pending litigation under the provisions of section 2-10-2(D). [Adopted by Ord. No. 96.13; revised by Ord, No. 99.27] Marana Town Code MARANA TOWN CODE 2-23 ~ev. ~999 APPENDIX A [Repealed by Ord. No. 2000.21] 2-24