§ 3. Powers of the city.  


Latest version.
  • The city shall have all the powers, functions, rights, privileges and immunities possible under the Constitution and general laws of Arizona as fully as though they were specifically enumerated in this Charter, and all of the powers, functions, rights, privileges and immunities granted or to be granted, either expressly or by implication, to charter cities and to cities and towns incorporated under the provisions of Title 9, Arizona Revised Statutes, not in conflict herewith, and in addition, the city:
    (1) May acquire property within or without its corporate limits for any city purpose in fee simple or lesser interest or estate by purchase, gift, devise, lease or condemnation. The city may lease, sell, convey and otherwise dispose of any real or personal property owned by the city in the manner, for such consideration, and upon such conditions as may be determined by the council.
    (2) May designate and establish as floodways or flood plains, areas of land within the boundaries of the city reasonably required or necessary to improve, extend, maintain or facilitate the control or discharge of waters of rivers and streams and intermittent flowing creeks, washes, arroyos, drains and channels together with surfaces and flood waters so as to prevent the loss of or injury to lives and damage to property and prevent and prohibit encroachments and obstructions within the floodway and flood plain areas so designated and established by the city together with criminal and civil penalties for the violations thereof.
    (3) May adopt, and may from time to time modify, a comprehensive plan of the future physical development of the city to serve as a guide to all future council action concerning land use regulations and expenditures for capital improvements, and the council may by ordinance implement said comprehensive plan by adopting land use and development regulations including, but not limited to, an official map and zoning and subdivision regulations.
    (4) May levy and collect assessments and file liens on real property to collect amounts owed to the city for garbage and trash collection and sewer rental charges and reasonable amounts expended by the city in the abatement of any nuisance, demolition and removal of any legally condemned building or structure and the cleaning and renovating of vacant lots which are offensive to the sight or smell or hazardous to the public health.
    (5) May prescribe the number of times a notice is to be published, the place of publications and the form of such notice when publication of a notice in a newspaper is directed or authorized by law.
    (6) May control and regulate the use and enjoyment of its streets and alleys, public grounds, or ways.
    (7) May require all persons, firms, or corporations responsible for new physical development within the city to provide for or furnish, or pay a fee in lieu of providing for or furnishing:
    (a) public facility easements; (b) water production, storage and transmission; (c) sewage collection, treatment and disposal; (d) park land and development; (e) school sites; (f) dedication and improvement of public rights-of-way; (g) bike paths and other necessary transportation; (h) drainage; (i) flood control; and (j) other public facilities necessary to maintain satisfactory levels of service for said new development, as provided by ordinance which shall include definite standards basing the foregoing requirements on the needs of the inhabitants of said new development.
    (8) May require architectural and site plan review and approval prior to the development, construction, reconstruction, or conversion of any building or structure other than a detached single-family dwelling.
    (9) May adopt specific plans for and use for areas within the city for the purpose of refining the comprehensive plan.
    (10) May require removal of all signs not conforming to the zoning ordinance. Signs not in conformance upon the effective date of this charter shall have the privilege of amortization as determined by ordinance.
    (11) May provide remedies to prevent, abate, and control pollution, including pollution of the air, water, and noise pollution and exercise its rights and privileges under equity or under common law or statutory law to suppress nuisances or to abate pollution in any form.
    (12) May exercise any of its powers or perform any of its functions, and may participate in the financing thereof jointly or in cooperation, by contract or otherwise, with any one or more states, political subdivisions, school districts, Indian tribal councils, or any board, commission or agency, a combination of them, or with the United States or any department or agency thereof.
    The enumeration of particular powers by this Charter shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is intended that the city shall have and may exercise all powers which under the Constitution of this state, it would be competent for this Charter specifically to enumerate.