HomeMy WebLinkAbout1074-12 CHARTER REVISION FOR 2012 ORDINANCE NO. 1074-12
AN ORDINANCE BY THE CITY OF ZEPHYRHILLS, FLORIDA
CALLING FOR A REFERENDUM BALLOT ELECTION TO BE HELD
ON APRIL 10, 2012 FOR THE PURPOSES OF PROPOSING TO THE
ELECTORATE OF THE CITY OF ZEPHYRHILLS VARIOUS
PROPOSALS TO REVISE THE CHARTER OF THE CITY OF
ZEPHYRHILLS; AMENDING TITLE II, CHAPTER 1, SECTIONS 21.05,
RECLASSIFYING THE PRESIDENT AS MAYOR, 2.1.06 AMENDING TO
REFLECT MAYOR; DELETING CHAPTER 2, SECTION 23.02, "TO BE
APPROVED OR REJECTED BY MAYOR" AS OBSOLETE; DELETING
CHAPTER 2, SECTION 32.01, 32.02, 32.03, AND 32.40 "DUTIES AND
POWERS, REMOVAL AND VACANCY, AND ELECTION AND TERM,
AND COMPENSATION OF MAYOR" AS OBSOLETE; PROVIDING
FOR BALLOT QUESTIONS TO BE PROVIDED TO THE SUPERVISOR
OF ELECTIONS; PROVIDING FOR THE CALL OF A REFERENDUM
ELECTION; PROVIDING FOR THE DUTIES OF THE CITY CLERK;
PROVIDING FOR INCLUSION IN THE CHARTER OF.%THE CITY OF
OF
ZEPHYRHILLS AND POWERS AND AUTHORITY"FOR T ODE
CODIFIER; PROVIDING FOR SEVERABILITY..A NI) PROVIDING FOR
EFFECTIVE DATE OF ORDINANCE AND •EFFECTIVE DATE OF
PROPOSED CHARTER AMENDMENTS.
WHEREAS, the City of Zephyrhills City Council hereby proposes 'amendments to the
City of Zephyrhills Charter as hereinafter set out and
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WHEREAS, the City Charter may only be amended by the voters of the City o
Zephyrhills• and3
WHEREAS, the law provides that; the City of Zephyrhills may by ordinance place
proposed Charter amendments before;e the City electors; and
WHEREAS, two public hearings were held by the City Council on this Ordinance on
The 13th of February 2012: and
The 22nd of February.2012;
,rte^r.
WHEREAS, it appears to be in the best interest of the City of Zephyrhills that this
ordinance"e adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
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CITY OF` FPHYRHILLS,FLORIDA,AS FOLLOWS:
Section 1. Amendment to City Charter. The ballot title, question and proposed Charter
amendment is set fort as follows:
Ballot Title and Question:
AMENDING CITY CHARTER REGARDING THE OFFICE OF MAYOR
Shall the Charter be amended to eliminate the separate elected position of Mayor; reclassifying
the council president as Mayor, and vice-president as Vice-Iv ayor; eliminating the separate
duties and powers,removal and vacancy, election and term, and compensation in regards to the
position of elected Mayor.
Yes
No
Text of City Charter Amendment:
SECTION 1.1. PRESIDING OFFICER. Title II, Chapter 1, Section 21.05, of the
Charter of the City of Zephyrhills, Florida, is proposed to be amended to read as follows:
They shall elect annually one of their members to be their presiding officer, who shall be
designated president Maw of the City Council, and another one of their number to preside in
the absence of the president Mayor, who shall be designated the acting president Vice Mayor of
the City Council. It is further provided that the presiding officer as provided for above shall at
all time be privileged to vote on all matters before the City Council.
SECTION 1.2. COMMITTEES. Title II, Chapter 1, Section 21.06, is hereby amended to
as follows:
The City Council shall provide by ordinance or resolution for such standing committees, as they
deem necessary, fixing the number of members that shall compose each respective committee,
and prescribing their character, and duties. Such committees shall be appointed within five days
after the City Council shall be organized, and unless otherwise provide. all.co mittees whether
standing or special shall be appointed by the president Maw e1-the ., r . 1
SECTION 1.3. TO BE APPROVED OR REJECTED BY;MAYOR. TitlO p II Chapter
3, Section 23.02 is hereby deleted in its entirety:Every-er-di i•iance passed-by the ('it ,, 3y
1C Jv lt
�i1 7` :e pre:;ented-te
the Mayor for his apreval. If' lie approves the same he shall sign and retUrn it to-4he-€i4-
Maiager. If he disapprov -or-any-part--thereof, he shafl-fetufn-i1-te-the City ('ouncil
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by its next regular meeting, with his objections in writing jo the same'or to the part thereof
disapproved by him. The City Counc,U shall cause the Mayor's objctions to be spread upon
their minutes, and shall proceed to consi4er the and if they ha1l again pass said ordinance
same,
1, #1, �q icy to + w i s vote-4e-The vy a four--firths—( ��7- vote, shall become 6 7 --eefAr-iar.
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etwithstandigAi-w-oid4+1anee-stihmitted-te-44ie-Majer for his appr-ova1, and-which he shall n€4
-by-41e-rext--feguTaF--+He-eting..of the City Council./ ,
passed by the City Council ,,,d approved by the Mayor.. .
SECTION 1.4. DUTIES AND POWERS..,Title III, Chapter 1, Section 32.01 is hereby
deleted in its entirety z k
°t z I-Ic shall have the power to bi reerty.fef-the--ei1y--a -ali-j-udk4a1 and other saleder-preee
of law when the city is a party. He shall carefully examine all ordinances passed by the City
Council'and '< ..
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should any not meet his approval he
sv approve approbation;
shall return the same to the next regular meeting of the City Council, with his objections in
He shall veto only such parts of the ordinance as do not meet with his approval, and
may approve the residue of the same. He shall take care that all laws and ordinances of the city
are duly observed, xespected and enforced within, and on its property beyond the limits of the
city. He shall communicate from time to time such s:J .
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as he may deem proper to the
City Council,
along with his recommendation touching the general welfare and government of
the city. He may, at any time,
call a special meeting of the City Council. Each call so made
shall be in writing, shall state the purpose, or purposes, for which the meeting was called,
shall
be spread upon the minutes,
and the business of the meeting shall be confmed to the propose so
stated. He shall be called upon at the first meeting of each month for the purpose of reporting
and/or communicating upon any and all city matters which he deems appropriate. He shall be a
voting member of every committee,
standing and/or temporary. He shall take part in all City
Council agenda items as if he were a Council member, provided, however,
he shall not vote at
any Council meeting on any Council matter.
SECTION 1.5. REMOVAL AND VACANACY. Title II, Chapter 3, Section 32.02 is
hereby deleted in its entirety:
The Mayor may be impeached by the City Council for misfeasance, malfeasance or nonfeasance
in or for habitual drunkenness or gross immorality, and four fifths (4/i) of the r;+<, Council
of the Mayor to discharge the duties of his office, or in cse his office shall devolve upon th
President of the City Council or in case of such absence o disability of both, upon the actin
President of the City Council until the next regular electionprovided,,concurring, may be removed from the office. During the absence, disqualification or disabilit
scheduled by the City Council not less than thirty (30)scheduled within six (6) months then after his vacancy a pecial election shall be noticed an more than sixty (60) days from th '
vacancy.
SECTION 1.6. ELECTION AND TERM. Title II, Chapter 3, Section 32.03 is hereb
deleted in its entirety:
Mayor shall be elected by the qualified voters of the city fc a term of two years. The Mayor's
term of office shall coincide with the term of office of Council members elected to seats 2 and 4
and the Mayor shall stand for election at each relar1y scheduled election of the Council
election to those seats.members seeking e
SECTION 1.7. COMPENSATION OF MAYOR. ritle II, Chapter 3, Section 32.04 is
hereby deleted in its entirety:
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The City Council shall have the power by ordinance or resoli tion. to lix uch-compensatien-feF
the office of Mayor. No such ordinance or resolution shall Jureas he compensation for any
Mayor
for the
term towhich
hie that individual
n ividu l has
M
.
ad been
eleeted
SECTION 1.8. DUTIES OF CITY CLERK.
The City Clerk is hereby directed to ensure that the advertising and}Ynotice requirements of
Section 100.342, Florida Statutes, are complied with and to coordinate a13 activities necessary to
conduct the mail ballot referendum election called in this Ordinance with the Supervisor of
Elections for Pasco County.
SECTION 1.9. REVISED CHARTER OF THE CITY OF ZEPHYRHILLS.
If any amendment to the Charter of the City of Zephyrhills is approved by the electorate in the
mail ballot referendum, election called for in this;Ordinance it is the intention of the City
Council, and it is hereby ordained, that the provisions of this Ordinance shall become and be
made a part of the Charter of the City of Zephyrhills; that the sections of this Ordinance may be
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renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be
changed toy Section or such other appropriate word as the case may demand. The City's Code
codifie.::is granted broad and liberal power and authority to codify the Charter of the City of
Zephyrhills in terms of making appropriate harmonizing, technical or editorial changes and notes
that do not affect the substantive provisions thereof.
SECTION 1.10.SEVERABILITY.
Should any section *paragraph, sentence, clause, phrase or other part of this Ordinance be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
validity of this Ordinance as a whole or any portion thereof, other than the part so declared to be
invalid.
SECTION 1.11. EFFECTIVE DATE.
The provisions of this Ordinance shall take effect upon certification of the April 8, 2014 election.
Any Amendment to the Charter of the City of Zephyrhills proposed for approval in this
Ordinance and approved by the electorate shall become effective only upon approval at a
referendum election of the electors of the City of Zephyrhills in accordance with the provisions
of Section 166.031, Florida Statutes; provided, however, that the provisions set forth herein shall
be implemented as set forth herein.
The foregoing Ordinance No. 1074-12 was read and passed on the first reading in an open and
regular meeting of the City Council of the City of Zephyrhills, Florida, on this day of
February, 2012.
Attest:
Linda D. Boan, City Clerk Jodi,Wilkeson, Council President
The foregoing Ordinance No. 1074-12 was read and passed on the second reading, following a
public hearing, in an open and regular meeting of the City Council of the City of Zephyrhills,
Florida, on this day of February, 2012.
Attest:
Linda D. Boan, City Clerk Jodi Wilkeson, Council President
The foregoing Ordinance No. 1074-12 was approved by me this day of February, 2012.
W. Cliff McDuffie, Mayor
Approved as to legal form and legal content
Joseph A. Poblick, City Attorney
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