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HomeMy WebLinkAbout533 Charter Revision on Ballot Record and Return to,: a ;. : .City Clerk's Office. 5335..8th..Street ; I Zephyrh.i'l,1 s, FL -33549s_ - ORDINANCE NO. 533 `1$_031 AN.:ORDINANCE OF THE CITY OF ZEPHYRHILLS, A MUNICIPAL CORPORATION, 210 AMENDING THE MUNICIPAL CHARTER OF SAID CITY; AMENDING TITLE I, CHAPTER 1, BY ENACTING NEW SECTIONS, 11 . 011, ENUMERATING THE o? POWERS OF THE CITY, SECTION 11. 012, DECLARING THAT POWERS OF THE CITY SHALL BE CONSTRUED LIBERALLY; DELETING SECTION 11 .01, BOUNDARIES, AND REPLACING IT WITH SECTION 11. 02, ENTITLED BOUNDARY DESCRIPTION; AMENDING SECTION 11 . 03, DECLARING THAT PRIORDINANCES ARE PRESERVED; AMENDING TITLE II, CHAPTER 1; DELETING SECTION 21. 03 AND REPLACING IT WITH A NEW SECTION 21. 03 :ENTITLED COUNCIL SEATS, DECLARING THAT EACH CANDIDATE FOR CITY COUNCIL SMALL RUN - FOR A PARTICUIIAR SEAT, -ENACTING A NEW SECTION 21. 04 ESTABLISHING TIME 'OF - ELECTIONA LJ' TEPMU"`FOR- cTvL_.--. O JLCIL -- - . MEMBERS'; _-AMENDING SECTION 21 ,07 ESTABLISHING COMPENSATION FOR MEMBERS OF CITY COUNCIL; AMENDING TITLE II, CHAPTER 2, BY DELETING SECTIONS 22 . 01, GENERAL POWERS 'OF THE CITY COUNCIL, 22. 02, ,APPOINTMENT OF CITY PROSECUTOR AND CLERK OF COURT, 22. 03, AUTHORIZING CREATION OF A BOARD' OF HEALTH, 22 .04, DIVISION OF THE CITY INTO WARDS, 22. 05, AUTHORIZING COUNCIL TO ADOPT A CODE, 22 . 06, DECLARING THAT THE GENERAL LAWS OF THE STATE OF FLORIDA ARE APPLICABLE TO THE MUNICIPALITY, 22. 07, _AUTHORIZING CREATION OF A LIBRARY BOARD AND REPLACING SAME WITH A NEW SECTION 22 . 01, ESTABLISHING GENERAL POWERS OF THE CITY COUNCIL; AMENDING TITLE III, CHAPTER 2 , BY ENACTING SECTIONS 32 . 03, ESTABLISHING TIME OF ELECTION AND TERM FOR THE MAYOR, AND 32. 04, COMPENSATION OF MAYOR; AMENDING TITLE 'V, CHAPTER 1, BY AMENDING SECTION 51 .01, ESTABLISHING THE DATE FOR GENERAL ELECTIONS ON THE SECOND TUESDAY IN APRIL OF EACH YEAR; AMENDING SECTION 51.02, ESTABLISHING THAT ELECTORS SHALL RESIDE IN THE CITY OF ZEPHYRHILLS FOR THE MINIMUM PERIOD REQUIRED BY STATE LAW; ENACTING SECTION 51 .041, REQUIRING THAT CANDIDATES FOR PUBLIC OFFICE BE A RESIDENT OF THE CITY FOR SIX MONTHS AND DECLARING THAT RESIDENCY SHALL BE STRICTLY CONSTRUED; ENACTING SECTION 51. 042, REQUIRING THAT ANY ELECTED OFFICIAL RESIGN UPON CEASING. TO BE A RESIDENT._-OF _THE _: CITY; ENACTING SECTION 51 . 043, DECLARING WHEN A PUBLIC- OFFICE- IS VACATED -AND ESTABLISHING TIMEFOR ELECTION TO FILL SAME; AMENDING TITLE VI, CHAPTER 2 IN ITS ENTIRETLY BY DELETING SECTION 62 . 01, AUTHORIZING THE CITY TO LEVY AD VALOEM TAXES; SECTION 62 .02, PROVIDING DATE FOR PAYMENT OF SAID TAXES; SECTION 62 . 03, DECLARING FORM AND MATTER TO ADVERTISE DELEQUENT TAXES; SECTION 62 . 04, AUTHORIZING COUNCIL TO PUBLISH NOTICE OF TAX OR LIEN SALE; SECTION 62 .05, AUTHORIZING CITY MANAGER TO SELL TAX CERTIFICATES; SECTION 62 . 06, REQUIRING CITY MANAGER TO MAINTAIN RECORD OF PROPERTY SOLD; SECTION 62 . 07, AUTHORIZING ISSUANCE OF TAX DEEDS BY THE CITY; SECTION 62 . 08, AUTHORIZING CITY MANAGER TO SELL PERSONAL PROPERTY TO SATISFY TAXES; SECTION 62 . 09, AUTHORIZING COUNCIL TO MAKE PROVISION FOR REDEMPTION OF PROPERTY SOLD FOR TAXES: SECTION 62 .10, PROVIDING FOR REVISION OF TITLE IN THE CITY IF LAND IS NOT REDEEMED NOR CERTIFICATE SOLD; SECTION 62 . 11, AUTHORIZING THE CITY TO ENFORCE PAYMENTS OF TAXES BY ACTION OR SUIT; AMENDING TITLE VII, CHAPTER 1, ENTITLED LOCAL IMPROVEMENTS; STREETS AND SIDEWALKS, BY DELETING SAME FROM THE CHARTER IN ITS ENTIRETY TO BE REENACTED UNDER NEW AND . SEPARATE CHAPTER IN THE _ CODE- OF THE CI.TY OF ZEPHYRHILLS; BY DELETING TITLE VIII , CHAPTER 1 AND 2 IN THEIR ENTIRETY,_. AND IN PARTICULAR _SECTION 81. 01., AUTHORIZING AND EMPOWERING CITY - TO RECEIVE GIFTS;.- SECTION -81 .02, PROVIDING FOR DISPOSAL OF SUCH GIFTS; SECTION 81. 03, REQUIRING TITLE TO ALL REAL PROPERTY RECEIVED AS A GIFT TO BE VESTED IN THE CITY OF ZEPHYRHILLS; SECTION 82 . 01, ESTABLISHING CITY COUNCIL AS A TAX . ADJUSTMENT BOARD, DECLARING DUTIES AND POWERS THEREOF. WHEREAS, the City Council is desirous of amending the municipal charter of the City of Zephyrhills in accordance with the best interest of the municipality of Zephyrhills, and WHEREAS, pursuant to recommendations of the Charter Revision Committee appointed by the City Council, certain changes in the BOOK 1984 PAGE 1005 municipal charter, have been recommended by said Charter Revision Committee and approved by the City Council, and WHEREAS:, :. it is;., . required that .an . ordinance . be adopted incorporating said amendments to the City Charter, and WHEREAS, pursuant to Florida Statutes, all such amendments are subject to referendum by city electors, and WHEREAS, regular city elections are set for April 9, 1991, and _ _ • IT IS NOW, THEREFORE, ORDAINED by the City Council ' of the City of Zephyrhills Florida as follows : That all references -to Title and Chapter, unless otherwise stated, refer to the Charter of the City of Zephyrhills . 1. TITLE I, INTRODUCTION, CHAPTER 1, CREATION OF MUNICIPALITY Shall be amended to include two (2 ) new additional • Sections which . shall read as follows: Section 11. 011: Powers of the City: _ Ther_Cit_y-__shall_..have__a_IL_p.owe-rs---pos.s-ibl_e_ _for__a-_City to have under the Constitution and Laws of this State as fully and completely as though they were specifically enumerated in . this Chapter. Section 11. 012 : Liberal Construction: The .powers of the City under this Charter shall be construed liberally in favor of the City and the specific mention of particular powers in the Charter shall not be construed as limit'ing in any way the general power granted in this article. Section 11. 02, shall be amended to read as follows : Section 11 .02 : Boundary Description: • The legal description of the boundaries of the City of Zephyrhills shall be property included in the City Charter from the • inception of the City Charter in 1914, up to and including any legal description i.nclude.d in Supplement 5, complete in August.., 1977 _and also.. any._property _ann.exed,__ less any—hprdperty'subject `to contraction `siri-cWthat ' date through the passing of this Charter. revision. Future boundaries will change with annexation or contraction. Section 11. 03 shall be amended to read as follows : Section 11 . 03 : Prior Ordinances Preserved: All ordinances in effect upon the adoption of this 'Charter and. any . amendment thereto, including all existing special acts, if Any, which have been recorded upon the ordinance book of this City or which have been passed by the City Council, but not printed or recorded and which have now and are now recognized and enforced as ordinance of said City to Ng 1984P E1006 • the extent they are not inconsistent with this Charter, shall remain in full force and effect until repealed or changed as provided herein. 2 . TITLE II, ' LEGISLATIVE DEPARTMENT, CHAPTER ' 1, CITY COUNCIL Shall be amended as follows : Section 21..03 shall be deleted and replaced with the following provision: Section 21. 03 : -Council -Seats : _ The City Council shall be comprised of five ( 5) council members. Each council member shall hold one .( 1) seat. Seats on the City Council will be numbered 1 through 5, by ordinance of the City Council. Thereafter, each candidate for City Council shall designate the seat number to which he or she is seeking election. Candidates .for City Council may seek election to no more than one ( 1) council seat. Elections for council seats shall be by the voters of the City at large. The candidate receiving the most votes among those seeking =election to a particular seat, shall be entitled to occupy that seat for the term -set out below. • Section 21. 031 shall be enacted and shall henceforth read as follows : Section 21. 031: Election and Terms : The regular election of council members shall be held on the second Tuesday of April each year. Nothing hereinshall increase or decrease the term of any council member_ elected prior to or contemp"oraneous with enactment of" triis Charter. City Council shall be elected by the qualified voters of the City for a term of office of two (2 ) years. The term of office shall begin on the third ( 3rd) day after their election. At the first election under this Charter, two (2 ) council members shall be elected for seats 2 and 4 . Thereafter, on the second election under this Charter, three ( 3 ) council members shall be elected for seats 1, 3 and 5. Section 21. 07 shall be amended and shall . henceforth read as follows': Section 21. 07 : Compensation of Members : The City Council may have the power by ordinance or resolution, to fix such compensation for its members, provided, however, that the compensation of members of the City Council shall not be changed so as to effect an increase for any member for the term to which that member has already been elected. 3 : TITLE II,, LEGISLATIVE__DEP_ARTMENT,: CHAPTER . _POWERS _ Chapter 2, shall be deleted in its entirety and shall be replaced with the following Section: Section 22 . 01: Powers of the Council: All powers of the City shall be vested in the City Council, except as otherwise provided by law or this Charter and the City Council shall ' provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by -law. 4 . TITLE III, . EXECUTIVE AND ADMINISTRATIVE DEPARTMENT, CHAPTER 2, MAYOR Chapter 2 shall be amended and shall include the • BOOK 1984 ['A K 1 O 07 • following new Sections: Section 32 . 03 : Election and Term: . Mayor shall be .elected by the qualified voters of the City for a term of two (2 ) 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 regularly scheduled election of the council members seeking election to those seats.. Section 32 . 04 :. Compensation of Mayor: The City Council shall have the .power. by ordinance or resolution, -to fix such compensation for the office of • • mayor. No such ordinance or resolution - shall increase the •compensation for any mayor for the term to which that -individual has already been elected. 5. TITLE V, ELECTIONS, CHAPTER 1, PROCEDURE Chapter 1 shall be amended and henceforth read as follows: • Section 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 qualify and take offices on the third day after election, and such special elections shall be held from time to time as may be authorized by Ordinance. Section 51. 02 : Qualifications of electors: Every male and female person over eighteen ( is) years of age, who shall have resided in the City of Zephyrhills for the minimum period allowable by state law prior to any election and who shall have registered pursuant to the laws of the State of Florida, shall be qualified elector in any election held in and for the City. The City Council shall provide by Ordinance, for the • regulation of all qualified electors within the City. Section 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 ( 6 ) month period immediately next preceding 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 en.ti.re ter_mv.- 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. Section 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 ta. hold the office to whichhe or she was elected and shall immediately and henceforth resign from the position to which he or she was elected. Said vacancy-' shall be filled by the City Council in accordance with this Charter. • • BOOK 19 8 4 PhiE'l:008 Section 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 ) it 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 (bill the next regularly sche.duled municipal election =_at the time__ of •. th-e_ . vacancy, the_ Council shall ---sch edhu1e- a special.` election to be - held not sooner than sixty ( 601— days' and, not later than ninety (90 ) days following the occurrence of ; the vacany 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 (.-)- members, the remaining members may, by majority action, appoint additional members toraise the membership to-- three (3 ) . 6 . TITLE VI, FINANCES AND TAXATION, CHAPTER 2, PROPERTY TAXES . Chapter 2, shall be deleted in its entirety. 7 . TITLE VII, LOCAL IMPROVEMENTS, CHAPTER 1, STREETS, SIDEWALKS, ETC. Jl • Chapter 1, shall . be deleted from the Charter in its 111 entirety and shall be reenacted under a new and separate Chapter 11 of the "Code of the City of Zephyrhills, Florida" . 8 . TITLE VIII, MISCELLANEOUS PROVISIONS, CHAPTER. 1, 'RECEIPT_= _ OF GIFTS, ETC. , BY CITY � - Chapter 1, shall be deleted in its entirety. J✓: 9 . TITLE VIII, MISCELLANEOUS PROVISIONS, CHAPTER 2, TAX ADJUSTMENT BOARD Chapter 2, shall be deleted in its entirety. PROVISION 1: That the Muncipal Charter of the City of Zephyrhills be and the same is, hereby, now amended as above. PROVISION 2 : That approval of charter amendments referred to in provision 1 above, shall be subject to referendum of city electors at city election on April 9 , 1991. -- - PROVISION 3:-- - �~ This ordinance _- sha1J bee.ome ef_fe:etive immediately upon passage. , The foregoing Ordinance No. 533was read and passed on its first reading by the City Council of the City of• Zephyrhills, F<19r as he-/O1/i. day 'of N , A.D. , 199 U. 99"" l r-ez-e-,/if c %�-- -- / CLE C. BRA KNELL President of City Council i . • A E S 11-! `- 't �2.=ii�j(_ `"i 'AIOA.NNE GOOD, Ci y Clerk c „" BOOK 1984PAGE 1OOO The foregoing Ordinance No. 533 was read and passed on its second reading by the City Council of the City of Zephyrhills, Florida on the. /oil- day of Lt. , A.D. , 1991`... I (4K,';/(e) , e r - CE C. BRACKNELL ` " 'a ' @ " ., �' ) P sident of City Council ''° TE' -i-:/-. i- -,-. ��/,.) -c� • LP ` 4' - ANNEG GOOD, City Clerk `Ole ' foregoing Ordinance No. 6-33 was read and passed on its third reading by the City Council of the City of Zephyrhills, Florida on the Atm day of . , A.D. , 199 / . g.--,/ e 41," / Cm° ✓. �. , • :✓�- (7 CLY,�E C. BRACKNELL Ay / P esident of City Council •,tw ' TES.:. • 162a I� i. ` Ott- . f07,:Af 'GGUD, City Clerk ' ,P l,` - 0 -= CO- TYE-foregoing Ordinance No. 63y33 was approved by me on this - 0ri yr _-__• day of 9a izze , A.D. , 199 / . � ,'2 - ( �� ,�/ i .. 7,/,/, Z;5.-- t,________ 'OB 'T JOHNSON Mayor . • ® l gm_ r. i RECORD VERIFIED : O JED PITTMAN Clerk Circ i Court,Pasco ?unty co it ' ..4. ?ice. [ . ! N:. -. W Of I rty-icki A 0 I-' ")c)t \111‘.°\ __ ' BOOK 198 4 PAGE' 010