Loading...
HomeMy WebLinkAbout956-06 Adopt Charter Amendment 7 � IIIIIIIIIII�II��I 200600216 Rcpt: 998474 Rec: 95.00 ORDINANCE NO. 956-06 DS: 0.00 I T: 0.00 05/16/06 Dpty Clerk AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA; APPROVING AN AMENDMENT TO HE CHARTER LAWS OF THE CITY OF ZEPHYRHILLS; PROVIDING FOR NEW LANGUAGE TO BE ADDED 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 CONTACT BETWEEN COUNCIL MEMBERS AND CITY STAFF MEMBERS AND PROVIDING FOR COUNCIL INVESTIGATION OF CITY AFFAIRS; AMENDING TITLE II, CHAPTER 3, SECTION 23.03, ORDINANCES,TO REQUIRE THAT ALL NEW ORDINANCES BE POSTED IN CITY HALL; AMENDING TITLE III, CHAPTER 3, SECTION 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 THROUGH 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 REQUIRMENTS 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; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. 05JED PITTMAN PASCO COUNTgcYf 11� / /© m 6989 OR BK PG y WHEREAS,the City Council has duly considered the charter amendments, as voted on b the electorate of the City of Zephyrhills, Florida, and by passage of this ordinance indicates it sire to approve the charter amendments as set forth herein; and WHEREAS,the City Council desires to amend the Charter of the City of Zephyrhills, lorida,pursuant to the procedures provided by law; and \VHEREAS,that a municipal election was held on April 11, 2006 wherein Charter amendments 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 received a majority vote. OW,THEREFORE,BE IT ORDAINED by the City Council of the City of Zephyrhills, lorida, as follows: ECTION 1. PREAMBLE. itle I, Introduction, of the Charter of the City of Zephyrhills, Florida, is amended as follows: Record an Return to: City Clerk';Office 5335 8th Street Zephyrhills, FL 33542 oR Bl< 6969 PG 1288 2 of 11 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 highest 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. 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 inquires 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 City Manager solely 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 this 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 Investigations The City Council may make investigations into the affairs of the City and-the-conduct of any City department, office, or agency and for this purpose may call witnesses, administer oaths, take testimony, and require the production of evidence. SECTION 5. ORDINANCES-POSTING. Section 23.03 of Title II, Chapter 3, Ordinances shall be amended as follows: Every ordinance approved by the Mayor, or becoming a law without his approval, shall be posted at City Hall for a period of fifteen(15) days. SECTION 6. CITY MANAGER APPOINTMENT,DUTIES,POWERS AND TERMINATION. Title III, Executive and Administrative Department, Sections 33.01 and 33.02 are amended 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 of the Council,who when appointed shall be the administrative head of the_municipal government under the direction and supervision of the City Council. The City Manager shall be chosen solely on the basis of his executive and administrative qualifications. The removal or resignation of the City Manager shall be entered on the minutes of the Council as a matter of public record. By letter filed with the City Clerk,the City Manager shall designate a City officer 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/or appoint another officer of the City to serve until the City Manager returns. 33.02 Duties and Powers. OR BK 6989 PG 1289 3 of 11 he City Manager shall be the chief executive officler of the City,responsible to the Council for t e management of all City affairs placed in the Manager's charge by or under this Charter. The ity Manager shall: 1. Appoint, suspend or remove all Cityl employees and appointive administrative officers (police chief, fire chief and city clerk)provided for, by or under this Charter except as otherwise provided by law,this charter or personnel rules adopted pursuant to this Charter. The City Manager may authorize any department head subject to the Manager's direction and supervision to exercise these powers with respect to subordinates in that department, office, or agency; 2. Direct and supervise the administration of all departments, offices, and agencies of the City, except as otherwise provided by this Charter or by law; 3. Attend all City Council meetings. The City Manager shall have the right to take part in discussion but shall not vote; 4. See that all laws,provisions of this Charter and acts of the City Council, subject to enforcement by the City Manager,or by officers subject to the Manager's direction and supervision are faithfully executed; 5. Implement purchasing polices of the City; 6. Prepare and submit the annual budget and capital program to the City Council and 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 on the finances and administrative activities of the City as of the end of each fiscal year; 8. Make such other reports as the City Council may require concerning operations; 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 goals 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 required by the City Council. 33.04 Termination of City Manager he City Council may terminate the employment of the City Manager upon 4/5 vote of the ouncil. If the City Manager declines to resign,the City Council may suspend the Manager by a r solution approved by four-fifths (4/5)vote of the total membership of the City Council. Such r solution shall set forth the reasons for suspension and proposed removal. A copy of such r solution shall be served immediately upon the City Manager. The City Manager shall have fteen days in which to reply thereto in writing, and upon request, shall be afforded a public earing, which shall occur not earlier than ten days i or later than fifteen days after such hearing is r quested. After the public hearing, if one is requested, and after full consideration,the City_. ouncil by a four-fifths (4/5)vote of its total membership may adopt a final resolution of r moval. The City Manager shall continue to receive full salary until the effective date of a final r solution or removal. ECTION 7. TERMINATION OR SUSPENSION OF CITY PERSONNEL. itle III, Section 33.03, Termination or Suspension of City Personnel, is hereby deleted in its e tirety to be replaced as an ordinance in the City's Personnel Manual. ECTION 8. CHIEF OF POLICE DUTIES,POWERS AND PURSUIT OUTSIDE ORPORATE BOUNDARIES. itle III, Chapter 5, Sections 35.01 and 35.02 are hereby repealed in their entirety and s bstantially rewritten as follows: OR BK 6989 PG 1290 4 of 11 Chapter 5. Public Safety. It is the intent of the City to provide for the public safety of the citizens by establishing and maintaining police and fire departments staffed by qualified City employees. This section may be precluded by State Statute (Section 166.031(5), Florida Statutes, as amended). The City Manager shall appoint and may remove the Chief of Police and Fire Chief with approval by a simple majority of the City Council. SECTION 9. CITY CLERK. Title III shall be amended to add a new Chapter 6 as follows: The 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 City Council. The City Clerk shall give notice of Council meetings to its members and the public, keep 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 DEPARMENT. Title IV, Judiciary Department, Municipal Court and Mayor's Court is hereby deleted in its entirety. SECTION 11. ELECTIONS. Title V, Sections 51.01 through 51.07,Elections, is hereby deleted in its entirety and substantially rewritten as follows: TITLE V. ELECTIONS (a) All elections of the City and related election activities shall be implemented in accordance with the provisions of State law as set forth in the Florida Election Code. Any conflict between the mandatory provisions of state law of 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 ordinances or resolutions, as appropriate,providing for the procedures relating to City elections such as election by publication and other means, the canvassing of returns, the certification of elections results, ballots, nomination petitions, and the examination of nomination petitions. (c) Whenever practicable and in the best interest of the City,the City Council may enter into intergovernmental agreements with the Supervisor of Elections to implement the election process of the City. 51.01 TIME OF HOLDING A general election for the choosing of officers of said City shall be held on the second Tuesday in 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 immediately preceding the next 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. { OR BI( 6989 PG 1291 5 11 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 r elective offices shall be made by nominating petitions. The name of any elector of the City aving the necessary qualifications to hold the office may be nominated for the election to such ffice when a petition shall be filed with the City=ng gned by not less than twenty-five (25) r gistered voters of the City. The signatures to a petition need not all be on one aper. Sample Form: uch nominating petition shall be substantially in the following form: "We the undersigned, being registered voters.of th I City of Zephyrhills, hereby present(here to name of candidate) whose residence is in the City of Zephyrhills, as a candidate for e ection of(here insert name of office) at the election to be held in eh City of Zephyrhills on the day of , 20 .Tame and Address of Petitioner) (Date of Signin " uch nomination petition shall not be signed by any elector more than sixty(60) days prior to the ate of such election, and all papers comprising such petition shall be securely fastened together d filed as one petition with the City Clerk during the designated qualifying period prior to the e ection. 51.042 RESIGNATION OF ELECTED OFFICIAL UPON CHANGE OF RESIDENCY. I , at any time during his or her term of office, an elected official shall cease to be a resident of t e City of Zephyrhills, said public official shall be deemed to be no longer qualified to hold the ffice to which he or she was elected and the office shall be deemed vacant. Said vacancy shall Ui e filled by the City Council in accordance with this Charter. 1.07 CANVASS OF RETURNS he City Council shall receive the returns of all City elections, and shall accept the canvass from t e County Canvassing board of the same within forty-eight(48)hours after said returns are r ceived by them, and shall declare the results thereof, which shall be spread upon their minutes. he City Council may by resolution extend the time for a period not to exceed five (5) days. 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 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 said election. (2) If there is more than six(6) months till the next regularly scheduled municipal election at the time of the vacancy, the Council shall schedule a special election to be held not sooner than sixty(60) days and not later than ninety(90) days 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 of 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). ECTION 12. FINANCIAL MANAGEMENT. itle VI, Sections 61.01 through 61.09, Finances and Taxation, are hereby deleted in their e itirety and substantially rewritten as follows: OR BI( 698 1292 6 of 11 61.01 FISCAL YEAR. The fiscal year of the City of Zephyrhills shall begin on the first day of October and end on the last day of September. 61.02 SUBMISSION OF BUDGET AND BUDGET MESSAGE. On or before the first day of August of each year, the City Manger shall submit to the City Council a budget for the ensuing fiscal year and an accompanying message. 61.03 BUDGET MESSAGE. The City Manager's message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year and the impact of those polices on future years. It shall describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the City's debt position, including factors affecting the ability to raise resources through debt issues, and include such other material as the City Manager deems desirable. 61.04 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 an understanding of the relationship between the budget and the City's strategic goals. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicate the proposed property tax levy, and all proposed expenditures, including debt service, or the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the,current fiscal year and the actual income and expenditures of the preceding fiscal year.Jt-shall indicate in separate-sections: (1) The proposed goals and expenditures for current operations during the ensuing fiscal year, detailed for each fund by department or by other organizational unit, and program,purpose or activity, method of financing such expenditures, and methods to measure outcomes and performance related to the goals; (2) Proposed longer-term goals and capital expenditures during the ensuing fiscal year, detailed for each fund by department or by other organizational unit when practicable, the proposed method of financing each such capital expenditure, and methods to measure outcomes and performance related to the goals; and (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 of the message and budget 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 case deficit,provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than total estimated income. R BK 6989 PG 1293 7 of 11 (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 site. 1.06 APPROPRIATION AND REVENUE ORDINANCES. o implement the adopted budget,the City Council shall adopt,prior to the beginning of the scal 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 of other revenues. 1.07 AMENDMENTS AFTER ADOPTION. (a) Supplemental Appropriations. If during or before the fiscal year the City 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 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 reviewed from time to time, but the emergency notes and renewals 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 City Manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the Manager shall report to the City Council without delay, indicating the estimated amount of deficit, any remedial action taken by the Manager and recommendations as to any other steps to be taken. The Council shall then take such further action, as it deems necessary to prevent or reduce any deficit and for that purpose it may be ordinance reduce or eliminate one 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 organization unit to the appropriation or other departments or o 1ganizational units or a new appropriation. The Manager may transfer funds among programs within a department, fund, service, strategy or organizational unit, and shall report such transfers to the Council in writing in a timely manner. (e) Limitation: Effective Date. No appropriation for debt service may be reduced or transferred, except to the extent that.the'debt is refinanced and less debt service is required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations 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 fiduciary ersight of the budget. 1.09 CAPITAL PROGRAM. a � oR BK 6989 PG 1294 8 of 11 (a) Submission to City Council. The City Manager shall prepare and submit to the City Council a multi-year capital program no later than three (3)months before the final date for submission of the budget. (b) Contents. The capital program shall include: (1) A clear and general summary of its contents; (2) Identification of the long-term goals of the community; (3) A list of all capital improvement and other capital expenditures which are proposed to be undertaken during the fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (4) Cost estimates and recommended time schedule 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. The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition., 61.10 CITY COUNCIL ACTION ON CAPITAL PROGRAM. (a) Notice and Hearing. The City Council shall publish the general summary of the capital program and a notice stating: (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 resolut,(n shall adopt the capital program,with or without amendment after public hearing and on or before the thirteenth 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 accounts 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. • OR `BK 6989 PG 1295 9 of 11 he qualified voters of the City shall have the power to propose ordinances to the Council and, if t e Council fails to adopt such ordinance as proposed without any major change in it substance, t e ordinance may be placed on the ballot for adoption at the next scheduled City election ilizing the initiative and referendum procedures set forth below. Provided, however, that such ower shall not extend to ordinances pertaining to the budget, any capital program or any e ergency ordinance or ordinance relating to appropriation of money, levy of taxes or salaries o ity officers of employees. 100.02 REFERENDUM. ursuant to the initiative and referendum procedures below, within ninety (90) days from the ate of adoption,the qualified voters of the City shall have power to require reconsideration by t e Council of any adopted.ordinance(s). If the Council fails to repeal an ordinance so r considered,the ordinance may be placed on the ballot for acceptance or repeal at the next s heduled City election, provided that such power shall not extend to the budget, any capital rogram or any emergency ordinance or ordinance relation to appropriation of money, levy of t xes 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' committee; they will be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying a chairman, and the address to which all notices to the committee are to be sent; and set out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the Clerk may, at the committee's request issue the appropriate petition blanks to the petitioners' committee at the committees expense. (b) Number of Signatures. Initiative or referendum petitions must be signed by qualified voters of the City equal in number to at least ten(10)percent of the total number of qualified registered 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. (d) Affidavit of Circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating the 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 signatures of the persons whose name they purport to be, and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (e) Time for Filing Referendum Petitions. Referendum petitions must be filed within thirty (30) days after the adoption by the Council of the ordinance sought to be reconsidered. 100.04 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, specifying, if it is insufficient, the particular 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 petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Clerk within two (2) days after receiving the copy of the certificate and files a supplementary petition with additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirement of subsections (c) and(d) of Section.100.03, and OR BK 6989 PG 1296 10 of 11 within five (5) days after it is filed,the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such,certificate to the petitioners' committee by certified mail as in the case 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) of this section within the time required, the Clerk shall promptly present the certificate to the Council and the certificate shall them be a final determination as to the sufficiency of the petition. (b) Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient,the committee may, within two (2) days after receiving the 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. 100.05 REFERENDUM PETITIONS: SUSPENSION OF EFFECT OF ORDINANCE. When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (a) There is a final determination of insufficiency of the petition, or (b) The petitioners' committee withdraws the petition, or (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 voting its repeal. If the Council fails to adopt a proposed initiative ordinance without any change in substance within sixty(60) days_.after the date of 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 form the date ._. that the final petition was determined sufficient. If no regular City election is to be5 held within the period prescribed in this subsection, the Council shall provide for a special 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 the day 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: OR BK 6989 PG 1297 11 of 11 his Charter may be amended in accordance with Section 166.031, Florida Statutes, as amended d shall be formally reviewed by City Council every five years. ECTION 15. SEVERABILITY. hould any section,paragraph, sentence, clause,phrase or other part of this Ordinance be eclared by a court of competent jurisdiction to be invalid, such decision shall not affect the alidity of this Ordinance as a whole or any portion thereof, other than the part so declared to be i valid. ECTION 16. POWERS AND AUTHORITY FOR CODE CODIFIER. he City's code codifier is granted broad and liberal power and,authority to codify the Charter o t e City of Zephyrhills, Florida, in terms of making appropriate harmonizing, technical or e itorial changes and notes that do not affect the substantive provisions thereof. ECTION 17.EFFECTIVE DATE. his ordinance shall become effective immediately upon passage and signing by the Mayor. he foe ing•Ordin e No. 956-06 was read and passed on the first reading in an open an r guf as nteeting;of the dt Council of the City of Zephyrhills, Florida, on this 24th day of April tClerk Cl de C. Bracknell Council President d D.'Boan; y , he foregoin -Ordinance No. 956-06 was read and passed on the second reading, following u_bli aLji�nE,�i ,n•.open and regular meeting of the City Council of the City.of Zephyrhills, to a, on'this 8 ' d �of May, 2006. Jc Lcla-0. Boan;Q ityClerk Cly e C. Bracknell, Council President he foregdirlTdz inance No. 956-06 was approved by me this 8th day of May, 2006. W. Cliff u ie, Ma Approved as to le form and legal content oseph A. Poblick, City Attorney