HomeMy WebLinkAbout946-06 Charter Revision to be on Ballot/ �
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Rcpt:973622 Rec: 112.0
ORDINANCE NO. 946-06 DS: 0.00 IT: 0.00
Dpty Jerk
AN ORDINANCE BY THE CITY OF ZEPHYRHILLS, FLORIDA
CALLING FOR A REFERENDUM BALLOT ELECTION TO BE HELD
ON APRIL 11, 2006 FOR THE PURPOSES OF PROPOSING TO THE "®
ELECTORATE OF THE CITY OF ZEPHYRHILLS VARIOUS
PROPOSALS TO REVISE THE CHARTER OF THE CITY OF
ZEPHYRHILLS; PROVIDING FOR NEW LANGUAGE TO BE ADDED �a
TO TITLE I, INTRODUCTION, SETTING FORTH A PREAMBLE OF ®�
CITIZEN RIGHTS; ADDING NEW SECTIONS 22.02 AND 22.03 IN
TITLE II, CHAPTER 2, POWERS, SETTING FORTH RULES FOR a
CONTACT. BETWEEN COUNCIL MEMBERS AND CITY STAFF
MEMBERS AND PROVIDING FOR COUNCIL INVESTIGATION OF o c
CITY AFFAIRS; AMENDING TITLE II, CHAPTER 3, SECTION 23.03,
ORDINANCES, TO REQUIRE THAT ALL NEW ORDINANCES BE I�w
POSTED IN CITY HALL; AMENDING TITLE III, CHAPTER 3, X
SECTIONS 33.01, 33.02 AND 33.04, CITY MANAGER, TO DESIGNATE
SPECIFIC DUTIES FOR THE CITY MANAGER AND TO. .PROVIDE
APPEAL PROCEDURES FOR THE TERMINATION OR SUSPENSION
OF THE CITY MANAGER; DELETING TITLE III, CHAPTER 3,
SECTION 33.03 PROVIDING APPEAL PROCEDURES FOR
SUSPENSION OF CITY PERSONNEL; AMENDING TITLE III,
CHAPTER 5, SECTIONS 35.01 AND 35.02, POLICE CHIEF, TO
REMOVE HIS DUTIES FROM THE CHARTER AND TO ESTABLISH
THE INTENT OF THE CITY TO MAINTAIN POLICE AND FIRE
DEPARTMENTS; DELETING TITLE IV, MAYOR'S COURT, AS
OBSOLETE; AMENDING TITLE V, SECTIONS 51.01 THORUGH 51.07,
ELECTIONS, TO REQUIRE THAT ALL ELECTIONS OF THE CITY BE
IMPLEMENTED IN ACCORDANCE WITH PROVISIONS •OF STATE
LAW; AMENDING TITLE VI, SECTIONS 61.01 THROUGH 61.12,
FINANCES AND TAXATION, TO INCLUDE SPECIFIC
REQUIREMENTS FOR SUBMISSION OF AN ANNUAL BUDGET AND
PROVIDING SPECIFIC REQUIREMENTS FOR CITY COUNCIL
ACTION ON THE BUDGET; AMENDING TITLE X, SECTIONS 100.01
THROUGH 100.03, INITIATIVE, TO AUTHORIZE ADOPTION OR
REPEAL OF CERTAIN ORDINANCES BY CITIZEN INITIATIVE
PETITION; CREATING NEW SECTIONS 100.04 THROUGH 100.07,
TITLE X, TO ESTABLISH PROCEDURES FOR FILING REFERENDUM
AND CITIZEN INITIATIVE PETITIONS; 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
ZEPHYRHILLS AND POWERS AND AUTHORITY FOR THE CODE
CODIFIER; PROVIDING FOR SEVERABILITY AND PROVIDING FOR
EFFECTIVE DATE OF ORDINANCE AND EFFECTIVE DATE OF
PROPOSED CHARTER AMENDMENTS.
WHEREAS, the City.Council of the.,City of Zephyrhills adopted Resolution Number
50-05 creating the City of Zephyrhills Charter Review Committee and assigned the Charte
Review Committee various duties and responsibilities; and
WHEREAS, the Charter Review Committee met on numerous occasions and receive
Id considered public input and comment that has been beneficial to the Committee; and
WHEREAS, the activities of the Charter Review Committee resulted in the Committee'
roposing various amendments to the existing Charter of the City of Zephyrhills; and
WHEREAS, the Charter Review Committee provided detailed rationales for th
proposed amendments to the Charter of the City ofiZephyrhills in consultation with its consultant
Record an Return to:
City Clerk's Office
5335 8th Sheet
Zephyrhills, FL 33542
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and legal counsel; and 2 of 13
WHEREAS, the City Council of the City of Zephyrhills has considered the proposals
made by the Charter Review Committee and has concluded that it is in the best interests of the
citizens of the City of Zephyrhills for the City Council to propose revisions to the existing
Charter of the City of Zephyrhills at a referendum election in accordance with the provisions of
Section 166.031,Florida Statutes, and in the form set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ZEPHYRHILLS,FLORIDA,AS FOLLOWS:
SECTION 1. PREAMBLE. Title I, Introduction, of the Charter of the City -of Zephyrhills,
Florida, is proposed to be amended to read as follows:
Title I. Preamble.
We the people of the City of Zephyrhills. Florida, under the constitution and laws of the United
States of America and the State of Florida, in order to secure the benefits of local self-
government do hereby adopt this Charter and confer upon the City the following powers, subject
to the following restrictions, and prescribed by the following procedures and governmental
structure. By this action we secure the benefits of home rule and. affirm the values of
representative democracy, professional management, strong_political leadership citizen
participation, and regional cooperation. ' We believe in an open, responsive government that
abides by the ethical standards and operates as a careful steward of the human, fiscal, and
natural resources of our'City.
SECTION 3. FILING OF OFFICES. Title II, Section 21.12, Filing of Offices, is hereby
deleted.
At their first me5tiñg In April, fOllowing the election Of'the Miyor, or' us so61i thereafter
practicable, the City Council shall receive from the City Manager (unless they shall previously
provide by ordinance that said office shall be filled by more than one person, in which case they
shall receive as many nominations for those offices as they have provided for) nominations of
persons to fill the offices of Chief of Police, fire Chief, and of persons to fill such other offices as
they may have provided for by ordinance, and shall at said meeting proceed to vote upon such
nominations. Puy person so nominated who receives a majority vote of the councilmen at such
meeting shall be elected to the office for which nominated. If any nomination is rejected by the
City Council, they shall notify the City Manager thereof and he'shall within one day thereafter
nominate another person, and so until all offices are filled. 'In case of failure or refusal of the
City Manager to make nominations as herein provided, the City Council shall have power to fill
said offices without such nominations.
SECTION 4. POWERS. Title II, Chapter 2, Powers, is hereby amended to add Sections 22.02
and 22.03 as follows:
22.02 Interference with Administration.
Except for the purpose of inquiries and investigations under 22.03, the Council or its members
shall deal with City officers and employees who are subject to the direction and supervision of
the CitManager y through the City Manager, and neither the Council nor its members shall
give orders to any such officer or employee, either publicly or privately. The Council and City
Manager agree to mutually respect and abide by their respective roles and duties. Nothing in
section shall be interpreted to mean that Council members cannot speak to any officer or City
employee at a reasonable time and place for reasonable purposes:.
22.03 Investi atg ions.
The City Council may make investigations into the affairs of the City and the conduct of any City
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de artment office, or agency and for this purposee may call witnesses, administer oaths, take
testimony, and require the production of evidence.
SECTION 5. ORDINANCES-POSTING. Sect'on 23.03 of Title II, Chapter 3, Ordinances,
s all be amended as follows:
23.03 TO BE PUBLISHED OR POSTED.
Every ordinance approved by the Mayor, or becioming a law without his approval, shall be
p;in+ a once in some newspaper published the City, or posted public
places, one of.�,�,;ni, steal be at the City Hall posted at City Hall for a period of fifteen (15) days.
SECTION 6. CITY MANAGER APPOINTMENT, DUTIES, POWERS AND
ERMINATION. Title III, Executive and Administrative Department, Sections 33.0. 1 and
33.02 and hereby deleted in their entirety and substantially rewritten as follows:
33.01 City Manager Appointment; Functioning Actions.
The City Council shall appoint a City Manager by four-fifths (4/5) vote of the total membership
o'f the Council, who when appointed shall be the. administrative head of the municipa
overnment under the direction and supervision of the City Council. The City Manager shall b
c' osen solely on the basis of his executive and administrative qualifications. The removal o
r signation of the City Manager shall be entered on the minutes of the Council as a matter o
public record. By letter filed with the City Clerk, the City Manager shall designate a City office
or employee to exercise the powers and perform the duties of City Manager during the Manager's
temporary absence or disability; the City Council may revoke such designation at any time and/oi
a oint another officer of the City to serve until the City Manager returns.
33.02 Duties and Powers.
The City Manager shall be the chief,executive officer of the City, responsible to the Council for
the management of all City affairs placed in the Manager's charge by or under this Charter. Tho
City Manager shall:
1. appoint, suspend or remove all City employees and appointive administrativ
officers (police chief, fire chief and city clerk provided for by or under this Chartei
except as otherwise provided by law, this charter or personnel rules adopted pursuant t
this Charter. The City Manager may authorize any department head subject to th
Manager's direction and supervision to exercise these powers with respect t
subordinates in that department, office, or a ency
2. Direct and supervise the administration of all departments, offices, and a egncie
of the City, except as otherwise provided by this Charter or by
3. Attend-all City Council meeting. The City Manager shall'have the right to tak
part in discussion but shall not vote;
4. See that all laws,provisions of this Charter and acts of the City Council, subject t
enforcement by the City Managery officers subject to the manager's direction anci
supervision are faithfully executed;
5. Implement purchasing policies of the City;
6. Prepare and submit the annual budget and capital program to the City Council an
implement the final budget approved by Council to achieve the goals of the City;
7. Submit to the City Council and make available to the public a complete report o
the finances and administrative activities of the City as of the end of each fiscal
8. Make such other reports as the City council may require concerning operation;
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9. Keep the City Council fully advised as to the financial condition and future needs
of the City by furnishing a quarterly statement of operations with budget comparisons;
10. Make recommendations to the City council concerning the affairs of the City and
facilitate the work of the City Council in developing policy;
11. Provide staff support services for the Mayor and Council members;
12. Assist the Council to develop long term for the City and strategies to
implement these goals;
13. Encourage and provide staff support for regional and intergovernmental
cooperation; -
14. Promote partnerships among Council staff, and citizens in developing public
policy and building a sense of community
15. Not encourage public opposition to Council decisions; and
16. Perform such other duties as are specified in this Charter or may be y required by
the City Council.
33.04 Termination of City Manager.
The City Council may terminate the employment of the City Manager upon 4/5 vote of the
Council. If the City Manager declines to resign, the City council may suspend the manager by
resolution approved by four-fifths (4/5) vote of the total membership of the City Council. Such
resolution shall set forth the reasons for suspension and proposed removal. A copy of such
resolution shall be served immediately upon the City Manager. The City Manager shall have
fifteen days in which to reply thereto in writing, and upon request, shall be afforded a public
hearing, which shall occur not earlier than ten days or later than fifteen days after such hearing is
requested. After the public hearing, if one is requested, and after full consideration, the City
Council by a four-fifths (4/5) vote of its'total membership may adopt a final resolution of
removal. The City Manager shall continue to receive full salary until the effective date of a final
resolution or removal.
SECTION 7. TERMINATION OR SUSPENSION OF CITY PERSONNEL.
Title III, Section 33.03, Termination or Suspension of City Personnel, is hereby deleted in its
entirety to be replaced as an ordinance in the City's Personnel Manual.
Termination r Suspension of City P el
33.03 1 V1111111GG11V11� . ,The City Manager shall have the right to terminate the employment or to suspend any department
any department head shall have the right to terminate or suspend any department employee
head;
provided he shall deeth..ent such action to the City Manager within24 hours. Any employee
who feels he has been unjustly suspended or terminated may request an informal hearing with the
Cit5y Manager and show cause why he should not receive-disciplinary action;; and if s
employee still feels he has been unjustly disciplined,
he may make a written request for a hearing
before the City Council. Any department head who feels he has been unjustly suspended or
� " o + r;+„ ,_Pity� anager,
terminateddepartment men l erase t cetmei�
7 foreman,
employee. All requests and/or action shall follow strictly this chain
of command. I
SECTION 8. CHIEF OF POLICE DUTIES, POWERS AND PURSUIT OUTSIDE
CORPORATE BOUNDARIES.
-Title III, Chapter 5, Sections 35.01 and 35.02 are hereby repealed in their entirety and
substantially rewritten as follows:
Chapter 5. Public Safety.
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It is the intent of the City to provide for the public safety of the citizens by establishing and
maintaining olice and fire departments staffed b qualified City employees. This section ma
be precluded by State Statute (Section 166.031(5), Florida Statutes, as amended). The Ci
Mana er shall appoint and may remove the Chief of Police and Fire Chief with approval by
ample majority of the City Council.
SECTION 9. CITY CLERK.
Title III shall be amended to add a new Chapter 6 as follows:
he City Manager shall appoint and may remove an officer of the City who shall have the title of
City Clerk. This appointment and removal shall be approved by a majority vote of the Ci
Council The City Clerk shall give notice of Council meetings to its members and the public,
beep the journal of its proceedings and perform such other duties as are assigned by this Charter
or by the Council or by state law.
SECTION 10. JUDICIARY DEPARTMENT.
itle IV, Judiciary Department, Municipal Court and Mayor's Court is hereby deleted in it
e tirety.
4i.oi Mayor's Court Abolished.
- he mayor's court and the judicial powers of the iayor as judge of said court heretofore create
1y Chapter 11327, Laws of Florida, Special Acts Of 1925, be and the same are herby abolished
and in eveiy ease where the mayor's court or th mayor as judge of such mayor's court ard
i entioned in Chapter 11327, Laws of Florida, Speial Acts of 1925, the same shall be constrnei
as to mean the county court or the county judge respectively.
."0 4 t 'etc.,Uthmjairdd.
Nothing in this act shall be so construed as to alter decrease, abolish, dismiss or affect any of th9
uties, powers or authorities vested in the mayor f said city, other than his duty and power t jreside over the mayor's court, and nothing in this act shall be construed so as to alter, diminish
thcrease, affect or abolish any of the provisions o said chapter 11327, Laws of Florida,
Specia
cts of 1925, not relating to the mayor's court herein
ECTION 11. ELECTIONS.
]f'itle V, Sections 51.01 through 51.07, Elections, is hereby deleted in its entirety an
substantially rewritten as follows:
TITLE V. ELECTIONS.
(a) All elections of the City and related election activities shall be implemented i
accordance with the provisions of State law as set forth in the Florida Election Code. An
conflict between the mandatory provisions of state law or any provision of this Charter or an
ordinance of the City shall-be resolved in favor of the provision-of state law:
(b) To the extent not preempted by State law, the City Council may enact ordinance
or resolutions, as appropriate, providing for the procedures relating to City elections such as
election by ublication and other means, the canvassing of returns, the certification of electiori
results, ballots, nominating petitions, and the examination of nominating petitions.
(c) Whenever practicable and in the best interests of the City, the City Council ma
ter into intergovernmental agreements with the Supervisor of Elections to implement th
ection process of the City.
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51.01 TIME OF HOLDING.
A general election for the'choosing of officers of said City shall be held on the second Tuesday
April of each year, and officers elected shall take office within three days after the canvas is
received from the County Canvassing board.
51.041 QUALIFICATIONS OF CANDIDATES.
Any person seeking the office of either City Council or Mayor, must be a qualified and
registered voter of the City of Zephyrhills and have been a resident of the City for a six-month
period immediatelypreceding the election to qualify for any City elective office.
Resident. In order for a candidate to be a resident of the City, that candidate must have
his or her primary physical residence and dwelling within the'boundaries of the City at all times
material, prior to election and during the entire term. It is the intent of this Charter that the term
"resident" as used herein to describe any person seeking or holding elective office in the City
shall be strictly construed.
Filing Fees and Nominating Petitions. The City Council may set filing fees to be paid by
candidates at the time of qualifying to run for elective office. The nomination of all candidates
for elective offices shall be made by nominating petitions. The name of any elector of the City
having the necessary qualifications to hold the office may be nominated for the election to such
office when a petition shall be filed with the City Clerk, signed by not less than twenty-five (25)
registered voters of the City. The signatures to a nominating petition need not all be on one
paper.
Sample Form:
Such nominating petition shall be substantially in the following form:
"We the undersigned, being registered voters of the City of Zephyrhills, hereby present (here
write name of candidate) whose residence is in the City of Zephyrhills, as a candidate for election
to the office of(here insert name of office) at the election to be held in the._City_of_Zephyrhills on
the day of , 20 ..
(Name and Address of Petitioner) (Date of Signing)
Such nomination petition shall not be signed by any elector more than sixty (60) days prior to the
date of such election, and all papers comprising spetition shall be securely fastened together
and filed as one petition with the City Clerk during the designated qualifying period prior to the
election.
51.042 RESIGNATION OF ELECTED OFFICIAL UPON CHANGE OF RESIDENCY.
If, at any time during his or her term of office, an elected official shall cease to be a resident of
the City of Zephyrhills, said public official shall be deemed to be no longer qualified to hold the
office to which he or she was elected and the office shall be deemed vacant. Said vacancy shall
be filled by the City Council in accordance with this Charter.
51.07 CANVASS OF RETURNS.
The City Council shall receive the returns of all City elections, and shall accept the canvass from
the County Canvassing board of the same.within fo -eight (48)-hours-after said returns,are
received by them, and shall declare the results thereof, which shall be spread upon their minutes.
The city council may by resolution extend the time for a period of time not to exceed five (5)
days.
Section 51.043 shall remain unchanged as follows:
51.043 VACANCY OF PUBLIC OFFICIAL.
(a) An elected office of the City shall become vacant'upon an elected official's death,
resignation or removal from office in any manner authorized by law.
(b) Filling of vacancies. A vacancy in the City Council shall be filled in the following
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manner:
(1) If said vacancy occurs within six 6) months of a regularly scheduled municipal
election, then the seat or office held by that official shall be filled at sai
election.
(2) If there is more than six (6) months till the next regularly scheduled municipa
election at the time of the vacancy, the Council shall schedule a special electio
to be held not sooner than sixty X60) days and not later than ninety (90) day
following the occurrence of the vacancy and to be otherwise governed by law.
Notwithstanding any provision to the contrary, if at any time the membership oil
the City Council is reduced to less than three (3) members, the remaining
members may, by majority action, appoint additional members to raise the
membership to three (3).
SECTION 12. FINANCIAL MANAGEMENT.
the VI, Sections 61.01 through 61.09, Finances and Taxation, are hereby deleted in thei
e' tirety and substantially rewritten as follows:
1.01 Fiscal Year
The fiscal year of the City of Zephyrhills hills shall begin on the first day of October and end on th
1 st day of September.
,1.02 Submission of Budget and Budget Message.
On or before the first day of August of each yeair, the City Manager shall submit to the Ci
Council a budget for the ensuing fiscal year and an accompanying message.
1:03°Budget'Message :_
The City Manager's message shall explain the budget both in fiscal terms and in terms of the
work programs, linking tose programs to organizational goals and community priorities. It shalt
outline the proposed financial policies of the City for the ensuing fiscal year and the impact of
those policies on future years. It shall describe the!important features of the budget, indicate any
aior changes from the current year in financial i olicies expenditures, and revenues to ethei
th the reasons for such changes, summarize the City's debt position, including factors affectin
I1ie ability to raise resources through debt issuesi and include such other material as the Ci
tanager deems desirable.
1.04 Budget
The budget shall provide a complete financial plan of all City funds and activities for the ensuing
fiscal year and, except as required by law or this Charter, shall be in such form as the City
Manager deems desirable or the City Council may require for effective management and ar
t{nderstanding of the relationship between the budget and the City's strategic goals. The budget
shall begin with a clear general summary of its i contents; shall show in detail all estimated
iticome indicating the proposed property tax levy, and all proposed expenditures, including debt
s rvice for the ensuing fiscal year; and shall be so arranged as to show comparative figures foif
actual and estimated income and expenditures of the current fiscal-year- and.-actual income an
expenditures of the preceding fiscal year. It shall indicate in separate sections:
(1) The proposed goals and expenditures for current operations during the ensuing
fiscal year, detailed for each fund by departmenti or by other organization unit, and program�
purpose or activity, method of financing such ex enditures and methods to measure outcomes
d performance related to thegoals;
(2) Proposed longer-term goals and capital expenditures during the ensuing fisca
ear, detailed for each fund by department or b other organization unit when practicable, the
_proposed method of financing each such capital expenditure, and methods to measure outcome
and performance related to the goals; and
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(3) The proposed goals, anticipated income and expense profit and loss for the
ensuing year for each utility or other enterprise fund or internal service fund operated by the City,
and methods to measure outcomes and performance related to the goals. For any fund, the total of
proposed expenditures shall not exceed the total of estimated income plus carried forward fund
balance exclusive of reserves.
61.05 City Council Action on Budget
(a) Notice and Hearing. The City Council shall publish the general summary of the budget and a
notice stating:
(1) The times and places where copies the message and budge are available for inspection
by the public, and
(2) The time and place, not less than two weeks after such publication, for a
public hearing(s) on the budget.
(b) Amendment Before Adoption. After the public hearing the City Council may adopt the
budget with or without amendment. In amending the budget, it may add or increase programs or
amounts and may delete or decrease any programs or amounts except expenditures required by
law'Or for debt service or for an estimated cash deficit, provided that no amendment to the budget
shall increase the authorized expenditures to an amount greater than total estimated income.
(c) Adoption. The City Council shall adopt the budget on or before the last day of the month of
September of the fiscal year currently ending. If it fails to adopt the budget by this date, the
budget proposed by the City Manager shall go into effect.
(d) "Publish" defined. As used in this article, the term "publish" means to print in the
contemporary means of information sharing, which includes but is not limited to, one or more
newspapers of general circulation in the City, and if available, in a web sit -- -
61.06 Appropriation and Revenue Ordinances.
To implement the adopted budget, the City Council shall adopt, prior to the beginning gof the
fiscal year:
(a) an appropriation ordinance making appropriations by department, fund, service, strategy or
other organizational unit and authorizing an allocation for each program or activity
(b) a tax levy ordinance authorizing the property tax levy or levies and setting the tax rate or
rates; and
(c) any other ordinances required to authorize new revenues or to amend the rates or other
features of existing taxes or other revenue sources.
61.07 Amendments after Adoption.
(a) Supplemental Appropriations. If during or before the fiscal-year the Ci` Manager certifies
that there are available for appropriation revenues in excess of those estimated in the budget, the
City Council by ordinance may make supplemental appropriations for the year up to the amount
of such excess.
(b) Emergency Appropriations. To address a public emergency affecting the life, health, property
or the public peace, the City Council may make emergency appropriations. To the extent that
there are no available unappropriated revenues or a sufficient fund balance to meet such
appropriations, the Council may by such emergency ordinance, authorize the issuance of
emergency notes, which may be renewed from time to time, but the emergency notes and
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r newals of any fiscal year shall be paid or refinanced as long-term debt not later than the last day
of the fiscal year next succeeding that in which the emergency appropriation was made.
(c) Reduction of Appropriations If at any time during the fiscal year it appears probable to the
dt Manager that the revenues or fund balances) available will be insufficient to finance the
ex enditures for which appropriations have been authorized the Manager shall report to the Ci
ouncil without delay, indicating the estimated amount of the deficit, any remedial action take
bv the Manager and recommendations as to any other steps to be taken. The Council shall the
t e such further action as it deems necessary to prevent or reduce any deficit and for tha
purpose it may by ordinance reduce or eliminate on or more appropriations.
(d) Transfer of Appropriations. At any time during or before the fiscal year, the City Council
may by resolution transfer part or all of•the unencumbered appropriation balance from one
department, fund, service, strategy or organizational unit to the appropriation or other
departments or organizational units or a new appopriation. The Manager may transfer funds
almongprograms within a department, fund, service, strategy or organizational unit, and shall
re ort such transfers to the Council in writing in a timely manner.
Limitation: Effective Date. No appropriation for debt service may be reduced or transferred
e,cept to the extent that the debt is refinanced and less debt service is required, and no
ro riation may be reduced below any amount re uired by law to be appropriated or b more
than the amount of the unencumbered balance thereof. The supplemental and emer eg nc
a ro riations and reduction or transfer of approprations authorized by this section may be made
effective immediately upon adoption.
1.08 Administration and Fiduciary Oversight of the Budget.
he City Council shall provide by ordinance the procedures for administration and fiducia
oversight of the budget.
1.09 Capital Program..
( ) Submission to City Council. The City Manager shall prepare and submit to the City Council a
multi- e�pital program no later than three months before the final date for submission of the
liude .
Tg-,
Contents. The capital program shall include:
(1)A clear general summary of its contents;
(2) Identification of the long-termgoals of the community
(3) A list of all capital improvements and other capital expenditures which are proposed
to be undertaker during the fiscal years next ensuing, with appropriate supporting
information as to the necessity for each;
(4) Cost estimates and recommended time schedules for each improvement or other
capital expenditure;
(5)Method of financing upon which each capital expenditure is to be reliant;
(6) The estimated annual cost of operating and maintaining the facilities to be constructed
or acquired;
(7) A commentary on how the plan addresses the sustainability of the community and the
region of which it is a part; and
8) Methods to measure outcomes and performance of the capital plan related to the long-
term goals of: the community.
he above shall be revised and extended each year with regard to capital improvements still
ending or in process of construction or acquisition.
1.10 City Council Action on Capital Program
) Notice and Hearing. The City Council shall publish the general summary of the capital
program and a notice stating_
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(1) The times and places where copies of the capital program are available for inspection
by the public, and
(2) The time and place, not less than two weeks after such publication, for a pUblic
hearing(s) on the capital program.
(b) Adoption. The City Council by resolution shall adopt the capital program with or without
amendment after the public hearing and on or before the thirtieth day of the month of September
of the current fiscal year.
61.11 Independent Audit.
The City Council shall provide for an independent'annual audit of:all City accounts and may
provide for more frequent audits as it deems necessary. An independent certified public
accountant or firm of such accountants shall make such audits. Such audits should be performed
in accordance with Generally Accepted Auditing Standards (GAAS) and Generally Accepted
Governmental Auditing Standards (GAGAS.)
61.12 Bonds, Purpose and Amount.
Whenever it shall be deemed advisable to issue bonds for any public, municipal purpose or
purposes, the City Council is hereby authorized to issue bonds of said municipality under the seal
of the corporation in an amount not to exceed fifteen (15)per centum of the assessed value of the
taxable property within the limits of said City, said value to be determined by the latest,
completed assessment roll of the City, which shall be signed by the Mayor, counter-signed by the
President of the City Council and attested by the City manager with interest coupons attached
which shall be signed in a like manner.
SECTION 13. INITIATIVE AND REFERENDUM.
Title X, Sections 100.01 through 100.03, Initiative, are hereby deleted in their entirety and
substantially rewritten as follows:
TITLE X. INITIATIVE AND REFERENDUM
100.01 Initiative.
The qualified voters of the City shall have the power to propose ordinances to the Council-and, if
the Council fails to adopt such ordinance as proposed without any major change in its substance,
the ordinance may be placed on the ballot for adoption at the next scheduled City election
utilizing the initiative and referendum procedures set forth below. Provided, however, that such
power shall not extend to ordinances pertaining to the budget, y capital program or any
emergency ordinance or ordinance relating to appropriation of money, levy of taxes or salaries of
City officers or employees.
100.02 Referendum.
Pursuant to the initiative and referendum procedures below, within ninety.(90)days from the date
of adoption, the qualified voters of the City shall have power to require reconsideration by the
Council of any adopted ordinance(s). If the Council fails to repeal an ordinance so reconsidered,
the ordinance may be placed on the ballot for acceptance or repeal at the next scheduled City
election, provided that such power shall not extend to the budget, any capital program or any
emergency ordinance or ordinance relation to appropriation of money, levy of taxes or salaries of
City officers or employees.
100.03 Initiative and Referendum Procedures.
(a) Petitioners' Committee. Any five registered voters may commence initiative and referendum
proceedings by filing with the City Clerk an affidavit stating they will constitute the petitioners'
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committee: they will be responsible for circulating the petition and filing it in proper form,
shiting their names and addresses and specifying a chairman and the address to which all notice
to the committee are to be sent• and set out in full the proposed initiative ordinance or citing th
ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee i
filed, the Clerk may, at the committee's request issue the appropriate etition blanks to th
etitioners' committee at the committee's expense.
_ Number of Signatures. Initiative or referendum Ipetitions must be signed by ualified voters o
the
City equal in number to at least ten (10)per cent of the total number of qualified re isg tere
voters within the City.
(c) Form and Content. All papers of a petition shall be uniform in size and style and shall be
assembled as one instrument for filing. Each signature shall .be executed in ink or indelible
pencil and shall be followed by the address of the person signing, the date, and their voting
precinct. Petitions shall contain or have attached thereto throughout their circulation the full text
of the ordinance proposed or sought to be reconsidered.
O Affidavit of Circulator. Each paper of a petition shall have attached to it when filed an
affidavit executed by the circulator thereof stating that he or she personally circulated the paper,
the number of signatures thereon, that all the signatures were affixed in his or her presence, that
he or she believes them to be the genuine si natures of the persons whose names they ort td
e and that each signer had an opportunity before signing to read the full text of the ordinanc
proposed or sought to be reconsidered.
Time for Filing Referendum Petitions. Referendum petitions must be filed within thirty (30
says after adoption by the Council of the ordinance sought to be reconsidered.
00.04 Procedure for Filing
(a) Certificate of Clerk: Amendment. Within twenty (20) days after the initiative petition is filed
or five (5) days for a referendum, the City Clerk shall complete a certificate as to its sufficiency)
�pecifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a
copy of the certificate to the petitioners' committee by certified mail. Grounds for insufficiency
are only those specified in Section 100.03. A etition certified insufficient for lack of the
requited number of valid signatures may be amended once if the petitioners' committee files
notice of intention to amend it with the Clerk within two (2) days after receiving the copy of th
dertificate and files a su lementa petition with additional papers within ten (10) days aftet
rbceiving the copy of such certificate. Such sikiementar petition shall comply with th
r uirements of subsections (c) and (d) of Section 100.03, and within five (5) days after it i
led the Clerk shall complete a certificate as to the sufficiency of the petition as amended and
rombtly send a copy of such certificate to the petitioners' committee by certified mail as in the
lase of an original petition. If a petition or amended petition is certified insufficient and the
petitioners' committee does not elect to amend or request Council review under subsection (b) or
t is section within the time required, the Clerk shall promptly present the certificate to th
d ouncil and the certificate shall then be a final determination as to the sufficiency of the petition.
b Council Review. If a petition has been certified insufficient and the petitioners' committe
does not file notice of intention to amend it or if an amended petition has been certified
hi sufficient,cient, the committee may, within two (2) days after receivin gthe copy of such certificate
file
a request that it be reviewed by the Council. The Council shall review the certificate at its
next meeting following the filing of such request and approve or disapprove it, and the Council's
determination shall then be a final determination as to the sufficiency of the petition.
00.05 Referendum Petitions: Suspension of Effect of Ordinance.
' hen a referendum petition is filed with the City Clerk the ordinance sought to be reconsidered
all be suspended from taking effect. Such suspension shall terminate when:
(a) There is a final determination of insufficiency of the petition, or
b Thepetitioners' committee withdraws the petition, or
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(c) The Council repeals the ordinance, or
(d) After a vote of the City on the ordinance has been certified.
100.06 Action on Petitions.
(a) Action by Council. When an initiative: or referendum petition has been finally determined
sufficient, the Council shall promptly consider the proposed initiative ordinance in the manner
provided in Title II, Chapter Three or reconsider the referred ordinance by g its repeal. If
the Council fails to adopt a proposed initiative ordinance without any change in substance within
sixty (60) days after the date the petition was finally determined sufficient, it shall submit the
proposed or referred ordinance to the voters of the City.
(b) Submission to Voters: The vote of the City on a:proposed or referred ordinance shall be held
not less than thirty (30) days or not later than sixty (60) days from the date that the final petition
was determined sufficient. If no regular City election is to be held within the period prescribed in
this subsection, the Council shall provide for a special election; otherwise;the vote shall be held
at the same time as such regular election, except that the Council may in its discretion, provide
for a special election at an earlier date within the prescribed period. Copies of the proposed or
referred ordinance shall be made available at the polls.
(c) Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time
prior to the fifteenth(15) day preceding ty scheduled for a vote of the City by filing with the
City Clerk a request for withdrawal signed by at least four (4) members of the petitioners'
committee. Upon the filing of such request, the petition shall have no further force or effect and
all proceedings thereon shall be terminated.
100.07 Results of Election.
(a) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote
in its favor, it shall be considered adopted upon certification of the election results and shall be
-treated in all respects in the-:same manner as ordinances of the-same-kind adopted by the Council.
If conflicting ordinances are approved at the same election,the one receiving the greatest number
of affirmative votes shall prevail to the extent of such conflict.
(b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against
it, it shall be considered repealed upon certification of the election results.
SECTION 14. CHARTER AMENDMENT.
A new Title XI, Charter Amendment, is hereby created as follows:
This Charter may be amended in accordance with Section 166.031, Florida Statutes, as amended
and shall be formally reviewed by City Council every five years.
SECTION 15. REFERENDUM MAIL BALLOT ELECTION.
A referendum mail ballot election is hereby called to be held on April 11, 2006 to present to the
electors of the City of Zephyrhills the ballot questions provided for in this Ordinance.. The
Supervisor of Elections of Pasco County is hereby requested to coordinate all matters relating to
the said mail ballot referendum election with the City Clerk, the Division of Elections of the
Florida Department of State, and the City Attorney. The City Clerk is directed to coordinate all
matters relating to the mail ballot referendum election and coordinate with the City Attorney as
needed.
SECTION 16. DUTIES OF CITY CLERK.
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'i he City Clerk is hereby directed to ensure tha the advertising and notice requirements o
Section 100.342, Florida Statutes, are complied with and to coordinate all activities necessary to
conduct the mail ballot referendum election called in this Ordinance with the Supervisor o
lections for Pasco County.
ECTION 17. REVISED CHARTER OF THE'CITY OF ZEPHYRHILLS.
I any amendment to the Charter of the City of Zephyrhills is approved by the electorate in th
mail ballot referendum election called for in this Ordinance, it is the intention of the Ci i
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 b
renumbered or re-fettered:to accomplish such intentions; and that the word "Ordinance" shall be
ohanged to "Section"•or such other appropriate word as the case may demand. The City's Code
odifier is granted broad and liberal power and authority to codify the Charter of the City of
ephyrhills in terms of making appropriate harmonizing, technical or editorial changes and notes
t at do not affect the substantive provisions thereof
SECTION 18. SEVERABILITY.
hould any section, paragraph, sentence, clause, phrase or other part of this Ordinance b
eclared by a court of competent jurisdiction to be invalid, such decision shall not affect th
alidity of this Ordinance as a whole or any portion thereof, other than the part so declared to b
i valid.
ECTION 19. EFFECTIVE DATE.
The provisions of this Ordinance shall take effect immediately upon enactment. Any Amendmen
tllo-the Charter of the..City of Zephyrhills proposed.for approval in this Ordinance and approved b I
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
rovided,however,that the provisions set forth herein shall be implemented as set forth herein.
The foreig'Ordinaiee No. 946-06 was read and passed on the first reading in an open an
r11egular 1B, eting of theitCouncil of the City of Zephyrhills, Florida, on this 23rd day of
J'Ttt
nu ,200¢. : ,
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1Link I '. $oan, ICit Clerk Cathi L. Compton, Council President
le4foregoingP OiwiJnance No. 946-06 was read and passed on the second reading, following
pubic hearing, in an open and regular meeting of the City Council of the City of Zephyrhills
lorid ontt ..... ay of February, 2006.
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D.. an,:City Clerk Cathi L. Compton, Council President
Tff,foregoing Ordinanc No.�946-06 was approved by me this 13th day of February, 2006.
W. Cliff u ie, M or
Approved a/o le fo gal content
aria S. Owens, City Attorney
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