HomeMy WebLinkAbout268 Amending Municipal Charter (City Manager Duties) 103.
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ORDINANCE NO. 268 • •
•
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS , A
MUNICIPAL CORPORATION, AMENDING THE MUNICIPAL
CHARTER OF SAID CITY, AMENDING CHAPTER 1 ,
TITLE I, DELETING SECTION 11 . 07 , WHICH RE-
QUIRED THIRTY (30) DAYS NOTICE PRIOR TO INSTI-
TUTING SUITS AGAINST THE CITY; AMENDING
SECTION 21 . 01 . , CHAPTER 1 , TITLE II , DELETING
FROM THAT SECTION REFERENCES TO "A TAX COLLECTOR
AND TAX ASSESSOR" AND "A BOARD OF EQUALIZATION
OF TAXES" AND ADDING "A CHIEF OF THE FIRE DEPART-
MENT AS OFFICERS OF THE CITY GOVERNMENT; AMEND-
® ING SECTION 21. 02 . , CHAPTER 1 , TITLE II , GRANT-
ING CITY COUNCIL PERMISSION TO ESTABLISH
® QUALIFICATIONS AND ELECTION OF ITS OWN MEMBERS
NOT INCONSISTENT WITH STATE LAWS ; AMENDING
SECTION 21 . 07 . , CHAPTER 1 , TITLE II , GRANTING
CITY COUNCIL AUTHORITY TO SET SALARIES FOR THE
COUNCILMEN AND MAYOR IN A DOLLAR AMOUNT OF NOT
LESS THAN $100 PER YEAR NOR MORE THAN $600...00.PER
YEAR; AMENDING SECTION 21 . 11 . , CHAPTER 1 , TITLE II ,
CHANGING "TAX COLLECTOR" TO "CITY MANAGER" ; AMEND-
ING SECTION 21 . 12 . , CHAPTER I , TITLE II , DELETING
"FOLLOWING THE ELECTION OF THE MAYOR" , "MAYOR
NOMINATIONS OF A PERSON TO FILL THE OFFICES OF" ,
"TAX COLLECTOR AND TAX ASSESSOR" , "AND 'ONE TO" ,
"AND THREE TO FILL THE OFFICE OF BOARD OF EQUALIZA-
TION OF TAXES'AND GRANTING AUTHORITY TO CITY COUNCIL
TO FILL THE OFFICES OF POLICE CHIEF AND FIRE CHIEF
AND PROVIDING THAT THOSE RECOMMENDATIONS SHALL BE
PROVIDED BY THE CITY MANAGER RATHER THAN MAYOR;
AMENDING ,PARAGRAPH 25 , SECTION 22 . 01 . , CHAPTER 2 ,
TITLE II, IS AMENDED TO PROHIBIT AND SUPPRESS DIS-
ORDERLY HOUSES , ETC . , AS EVIDENCED BY THE STANDARDS
OF THIS CITY; SECTION 22 . 02 . , CHAPTER 2 , TITLE II ,
IS AMENDED TO SUBSTITUTE "COUNTY COURTS" FOR "MUNICI-
, PAL COURTS" ; AMENDING SECTION 23 . 02 . , CHAPTER 3 ,
TITLE II, CHANGING "CLERK" TO "MANAGER" ; SECTION 31 . 02 ,
CHAPTER 1 , TITLE III , WHICH HAD REFERENCE TO THE THREE
c OFFICES OF THE CITY MANAGER, TAX COLLECTOR AND TAX
- ASSESSOR, IS DELETED; SECTION 32 . 01 . , CHAPTER 2 ,
W �, TITLE III, IS AMENDED TO REMOVE THE CONTROL OF THE
El"! U m'- POLICE DEPARTMENT FROM THE DIRECT CONTROL OF THE MAYOR,
a AND TO ADD THE REQUEST THAT THE MAYOR REPORT TO THE
> ~' t-U Qv CITY COUNCIL EACH MONTH ON ALL CITY MATTERS WHICH HE
E-p DEEMS APPROPRIATE, TO' MAKE THE MAYOR A VOTING MEMBER
Q '-1 U � Le-, OF EVERY COMMITTEE AND TO PROVIDE THAT THE MAYOR TAKE
hg ,: � Ca PART IN ALL CITY COUNCIL AGENDA ITEMS WITH THE EXCEPTION
at d THAT HE SHALL NOT BE AUTHORIZED TO' VOTE; SECTION 32 . 02 . ,
CHAPTER 2 , TITLE III , IS AMENDED TO ESTABLISH WHEN
ELECTIONS SHALL TAKE PLACE IN THE EVENT OF A REMOVAL
OF THE MAYOR FROM OFFICE; SECTION 33 . 01 . , PROVIDES
FOR APPOINTMENT OF A CITY MANAGER BY THE CITY COUNCIL
ON A FOUR-FIFTHS (4/5) VOTE, THAT THE CITY MANAGER
SHALL BE ADMINISTRATIVE HEAD OF THE MUNICIPAL GOVERN-
MENT UNDER THE SUPERVISION OF THE CITY COUNCIL; THAT
. THE CITY MANAGER SHALL HOLD OFFICE AT THE PLEASURE
OF THE CITY COUNCIL AND ESTABLISHING A BASIS FOR
CHOOSING OF A CITY MANAGER; AMENDING CHAPTER 3 ,
TITLE III , TO ESTABLISH THE DUTIES AND POWERS OF THE
�� CITY MANAGER, TO APPOINT CITY EMPLOYEES UPON MERIT
AND FITNESS ALONE GRANTING CITY MANAGER SUPERVISION OVER
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104 •
ALL DEPARTMENTS GRANTING CITY MANAGER
RESPONSIBILITY TO REPORT ANY VIOLATIONS OF
CITY ORDINANCES TO THE CITY COUNCIL AND TO
THE CITY ATTORNEY, GRANTING AUTHORITY TO
RECOMMEND MEASURES TO THE CITY COUNCIL, TO
KEEP THE CITY COUNCIL FULLY ADVISED AS TO THE
FINANCIAL CONDITION AND NEEDS ON A QUARTERLY
BASIS , TO SUBMIT AN ANNUAL BUDGET, ESTABLISH-
ING CITY MANAGER AS PURCHASING AGENT FOR THE
CITY, AUTHORIZING CITY MANAGER TO SELL UNNECESSARY
OR UNFIT CITY PROPERTY PROVIDED, HOWEVER, THAT
ANY ITEM EXCEEDING $1 , 000 . 00 IN VALUE SHALL BE
ADVERTISED FOR BIDS , ESTABLISHING WHEN ADVERTISE-
MENTS SHALL TAKE PLACE AND PROVIDING FOR ACCEPT-
ANCE OF THE HIGHEST OFFER; AMENDING CHAPTER 3 ,
TITLE III , TO ADD SECTION 33 . 03 . GRANTING CITY
MANAGER AUTHORITY TO TERMINATE OR SUSPEND ANY
DEPARTMENT HEAD, GRANTING ANY DEPARTMENT HEAD RIGHT
TO TERMINATE OR SUSPEND ANY DEPARTMENT EMPLOYEE ,
PROVIDING FOR HEARINGS IN THE EVENT ANY EMPLOYEE
OR DEPARTMENT HEAD FEELS HE HAS BEEN UNJUSTLY
DISCIPLINED AND ESTABLISHING A LINE OF COMMUNICATION
FROM THE CITY COUNCIL EXTENDING DOWN THROUGH THE
CITY MANAGER, DEPARTMENT HEAD, FOREMAN, TO THE EMPLOYEE
RANKS ; AMENDING CHAPTER 3 , TITLE III , TO ADD
SECTION 33 . 04. PROVIDING THAT NO CITY MANAGER SHALL
BE TERMINATED FROM EMPLOYMENT EXCEPT UPON FOUR-FIFTHS
(4/5) VOTE OF THE CITY COUNCIL; AMENDING CHAPTER 4,
TITLE III, TO DELETEPROVISIONS FOR A TAX
COLLECTOR AND ADDING NEW PROVISIONS ESTABLISHING
DUTIES OF-THE CITY ATTORNEY, PROVIDING RESPONSI-
BILITY ON CITY ATTORNEY TO DRAW ALL ORDINANCES AND
RESOLUTIONS , REPRESENT THE CITY IN ALL LITIGATION,
TO COLLECT DELINQUENT TAXES AND FORECLOSE LIENS AND
PROVIDING FOR HIS COMPENSATION TO BE FIXED BY THE
CITY COUNCIL; AMENDING SECTION 35 . 01 ., CHAPTER 5 ,
TITLE III, TO DELETE REFERENCE TO THE MAYOR, CHANGING
"MUNICIPAL JUDGE" TO "COUNTY JUDGE" AND DELETING
THE REQUIREMENT THAT THE POLICE CHIEF ATTEND MUNICIPAL
COURT SITTINGS ; CHAPTER 1 , TITLE IV, IS AMENDED TO
DELETE SECTION 41 . 01 . , AS IT PERTAINED TO A MUNICIPAL
COURT; SECTION 41. 02 . , CHAPTER 1 , TITLE IV, IS CHANGED
TO SECTION 41. 01 . , AND "MUNICIPAL COURT" IS DELETED
AND "COUNTY COURT" IS SUBSTITUTED; SECTION 41 . 03 . ,
CHAPTER 1 , TITLE IV, IS AMENDED TO BE NUMBERED
SECTION 41 . 02 . ; CHAPTER 2 , TITLE IV, SECTIONS 42 . 01
THROUGH 42. 06 WITH REFERENCE TO A MUNICIPAL JUDGE
IS DELETED; AMENDING SECTION 51. 03 , CHAPTER 1 , TITLE
IV, DELETING "CLERK OF THE CITY" AND SUBSTITUTING
"CITY MANAGER" ; AMENDING SECTION 61 . 01 ., CHAPTER .1 ,
TITLE VI , TO CHANGE "CLERK" TO "CITY MANAGER" ;- AMEND-
ING CHAPTER 2 , TITLE VI , TO DELETE SECTION 61 . 01 . ,
CONCERNING ASSESSMENTS , DELETING SECTION 62 . 02 . ,
CONCERNING RETURNS , DELETING SECTION 62 . 03 . , CONCERN-
ING DESCRIPTIONS , DELETING SECTION 62 . 04. , CONCERNING
PERSONAL PROPERTY ASSESSMENTS , DELETING SECTION 62 . 05 .
CONCERNING OMITTED TAXES , AND DELETING SECTION 62. 06 .
CONCERNING ASSESSMENT ROLL; AMENDING SECTION 62 .01 . ,
CHAPTER 2 , TITLE VI , TO NUMBER IT SECTION 62 . 01 ,
PROVIDING FOR ASSESSMENT ROLLS BY THE COUNTY PROPERTY
APPRAISER INSTEAD OF THE CITY TAX ASSESSOR, PROVIDING
THAT THE ANNUAL BUDGET SHALL BE A ZERO BASE BUDGET,
DELETING RESPONSIBILITY OF CITY COUNCIL TO LEVY PROPERTY
TAXES AND IMPOSING THAT RESPONSIBILITY ON THE COUNTY
PROPERTY APPRAISER AND ESTABLISHING THAT CITY PROPERTY
TAXES SHALL NOT EXCEED THE AMOUNT AS ALLOWED BY STATE
LAW; DELETING SECTION 62 . 08 . and 62 . 09 . OF CHAPTER 2 ,
VF 903 PAct189I
149. .
TITLE VI WITH REGARD TO TAX ROLLS ; AMENDING
SECTION 62 . 10 ; CHAPTER 2 , TITLE VI , TO BE
RENUMBERED AS SECTION 62 . 02.; AMENDING
SECTION 62411. , CHAPTER 2 , TITLE VI, TO BE
CORRECTLY NUMBERED 62 . 03 . , AND SUBSTITUTING
"CITY MANAGER" FOR "TAX COLLECTOR" ; AMENDING
SECTION -62'. 12 . , CHAPTER 2 , TITLE VI, TO BE
CORRECTLY NUMBERED SECTION 62 . 04. , AND
PROVIDING THAT BEFORE PROPERTY MAY BE SOLD
AT A TAX OR LIEN SALE NOTICE MUST BE PUBLISHED
AND POSTED, CHANGING "CITY CLERK" to "CITY
MANAGER'-' ; AMENDING SECTION 62 . 13 . , CHAPTER
TITLE VI , TO BE . CORRECTLY NUMBERED SECTION 62 . 05 . ,
AND CHANGING "TAX COLLECTOR" TO "CITY MANAGER" ;
AMENDING SECTION 62 . 14. , CHAPTER 2 , TITLE VI ,
TO BE CORRECTLY NUMBERED SECTION .62 . 06 . AND
CHANGING "TAX COLLECTOR" to "CITY MANAGER" ;
® AMENDING SECTION 62 . 15 . , CHAPTER 2 , TITLE VI ,
TO BE NUMBERED SECTION 62 . 07 . ; AMENDING SECTION
® 62 . 16 . , CHAPTER 2 , TITLE VI , TO BE CORRECTLY
NUMBERED SECTION 62 . 08 . , AND CHANGING WORDS "TAX
COLLECTOR" TO "CITY MANAGER" ; AMENDING SECTION 62 . 17 . ,
Cr CHAPTER 2 , TITLE VI, TO BE CORRECTLY NUMBERED
62. 09 . ; AMENDING SECTION 62 . 18 . , CHAPTER 2 , TITLE VI ,
TO BE CORRECTLY NUMBERED SECTION 62 . 10 ; AMENDING
SECTION 62 . 19 . , CHAPTER '2 , TITLE VI , TO BE CORRECTLY
NUMBERED SECTION 62. 11 ; AMENDING SECTION 71 . 06
. CHAPTER 1 , TITLE VII TO DELETE "CLERK" AND SUBSTITUTE
"CITY MANAGER" ; AMENDING SECTION 71. 09 . , CHAPTER 1 ,
TITLE VII, TO DELETE "TAX COLLECTOR" AND SUBSTITUTE
"CITY MANAGER" ; AMENDING TITLE VIII (ERRONEOUSLY
TITLE "TITLE VII") TO DELETE SECTIONS 81 . 01 . THROUGH
81. 07 . ,:__AS. IT PERTAINED TO THE EQUALIZATION BOARD;
AMENDING SECTION 82 . 01 . , CHAPTER 2 , TITLE VIII , TO
NEW NUMBER SECTION 81 . 01 . , CHAPTER 1 ; AMENDING
SECTION 82 . 02 . , CHAPTER 2 , TITLE VIII , TO BE RENUMBERED
SECTION 81 . 02 . , AMENDING SECTION 82 . 03 . , CHAPTER 2 ,
TITLE VIII , TO BE RENUMBERED SECTION 81. 03 ; AMENDING
SECTION 84. 01 . , CHAPTER 4, TITLE VIII TO BE RENUMBERED
SECTION 82 . 01 . , CHAPTER 2 , TITLE VIII ; AMENDING
CHAPTER 9 , PROVIDING FOR PROVISIONS FOR RECALL ELECTION
AND ESTABLISHING THAT ALL RECALL ELECTIONS SHALL BE
IN ACCORDANCE WITH STATE LAW; AMENDING THE CITY
CHARTER OF ZEPHYRHILLS TO ADD A NEW TITLE X, PROVIDING
FOR THE RIGHT OF CITIZENS TO AMEND THE CHARTER CODE;
PROVIDING FOR THE METHOD OF PRESENTING CHARTER AMEND-
MENTS IN SECTION 100 . 01 . , PROVIDING SECTION 100. 02 . ,
ESTABLISHING WHEN ELECTIONS FOR THAT PURPOSE SHALL BE
HELD AND ESTABLISHING SECTION 100 . 03 . PROVIDING THAT
IF A PROPOSED INITIATIVE FAILS THEN THE SAME PROPOSAL
SHALL NOT BE PRESENTED UNTIL THE EXPIRATION OF ONE YEAR.
WHEREAS , the City Council of Zephyrhills is desirous .
of amending the municipal charter of the City of Zephyrhills
in accordance with the best interest of the municipality •
of Zephyrhills , and
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WHEREAS , pursuant to recommendations of the
Charter Revision Committee appointed by the City Council ,
certain changes in the 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 5 ,
1977 , and
IT IS , NOW, THEREFORE, ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ZEPHYRHILLS , FLORIDA, as follows :
1 . . SECTION 11 . 07 . , Chapter 1 , Title I , is deleted.
2 . SECTION 21. 01. , Chapter 1 , Title II, is amended
to read as follows :
SECTION 21 . 01 . COMPOSITION OF MUNICIPAL GOVERNMENT.
That the government and the municipal authority
of said city shall be vested in a mayor, a city
council composed of five members , a city manager ,
a chief of police, a chief of the fire department
and in such other boards and officers as may be
hereinafter designated or may be created by
ordinance. The city council shall have power to
create such other offices as they may deem necessary
to provide for filling the same by appointment or
election, and to abolish at any time any office so
created by them. (Ord. No . 247 , §1 . )
3 . SECTION 21. 02 . , Chapter 1 , Title II is amended to
read as follows :
SECTION 21 . 02 . TO BE JUDGE OF ITS OWN QUALIFICA-
TIONS AND ELECTION.
The city council shall be the judge of the qualifi-
cations and election of their own members not
inconsistent with state laws .
4. SECTION 21 . 07 . , Chapter 1 , TITLE II , as amended
to read as follows :
SECTION 21 . 07 . COMPENSATION OF MEMBERS .
The maximum compensation paid to the members of the
city council shall be Six Hundred Dollars
($600 . 00) per annum, and minimum compensation for
members of the city council, shall be One hundred
Dollars ($100. 00) per annum. The maximum compensa-
tion paid to the Mayor shall be Six Hundred
Dollars ($600 . 00) per annum and mimimum
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compensation for the Mayor shall be one hundred
dollars ($100. 00) per annum. The city council
shall have the power, by ordinance or resolution,
to fix such compensation within the limits provided,
however, that the compensation of no member of
111 the city council shall be changed so as to effect
him for the term to which he has already been
elected. (Sp . Laws , 1969 , ch. 69-1731 . )
5 . SECTION 21 . 11 Chapter 1 , Title II, is amended to read
as follows :
Sec. 21 . 11 . DESIGNATION OF DEPOSITORIES .
The City Council shall , by resolution, designate
from time to time such banks to be the depositories
of the funds of said city, and the city manager shall
be required to deposit day by day such funds of the
city as may come into his hands in said banks to
the credit of the city, and shall be required to
present at each regular council meeting a report of
all such moneys collected and deposited in said banks
by him; the city council may, by resolution require
such banks acting as city depository, to give such
bond as they may deem proper, for the safe-keeping
of all city funds entrusted to their care, said
depository only to pay out said funds upon a written
order signed by the president of the city council ,
attested by the city manager . (Ord. No . 274, §2 . )
6. SECTION 21 . 12 , Chapter 1 , Title II , is amended to
read as follows :
Sec . 21 . 12 . Filling of offices .
At their first meeting in April , following the
election of the mayor, or as soon thereafter as
practicable, the city council shall receive from the
city manager (unless they shall have previously
provided 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 . Any
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 havepower to fill
said offices without such .nominations . (Ord. No .
247 , §3 . )
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7 . SECTION 22. 01 . , Chapter 2 , Title II , paragraph 25 ,
is amended to read as follows :
(25) TO PROHIBIT AND SUPPRESS DISORDERLY HOUSES ,ETC .
To prohibit and suppress , all bawdy and disorderly
houses , and any exhibition, show, circus , parade,
or amusement contrary to good morals as evidenced
by the standards of this city, to prohibit and
suppress all obscene pictures and literature .
8 . SECTION 22 . 02. , Chapter 2 , Title II , is amended to
read as follows :
Sec. 22. 02 . MAY APPOINT CITY PROSECUTOR AND CLERK
OF COURT.
The city council may appoint a city prosecutor ,
whose duties shall be to appear in the county court
for the City of Zephyrhills , and to prosecute on
behalf of said city all suits , applications or motions
brought before said court.
The prosecutor shall have summoned all witnesses
required on behalf of the city, and is allowed the
process of the county court to summon witnesses from
throughout Pasco County to appear before him at
such convenient places and time or times may
designated in the summons , to testify before him as
toanyviolation of the Zephyrhills Municipal Code,
upon which they may be interrogated, and he is empower-
ed--to administer oaths to all witnesses summoned.
The city council may create the office of the clerk
of the municipal court. The clerk shall be the
custodian of all records of the municipal court , shall
attend allsessions of the municipal court, and shall
upon information being filed by the city prosecutor,
without leave or order of the municipal court, first
being had or obtained', issue a warrant for the arrest
of the person or persons charged; and the clerk shall
likewise issue any and all other necessary processes
incident to the charge. (Sp . Laws , 1965 , ch. 65-2415 ;
Ord. No . 247 §6 . ) CD
9. SECTION 23 . 02. , Chapter 3 , Title II , is amended to
read as follows :
Sec. 23. 02 . TO BE APPROVED OR REJECTED BY MAYOR.
Every ordinance passed by the city council , before it
shall go into effect, shall be presented to the mayor
for his approval . If he approves the same he shall
sign and return it to the city manager. If he
disapproves the same, or any part thereof, he shall
return it to the city council by its next regular
meeting, with his objections in writing to the same
or to the part thereof disapproved by him. The city
council shall cause the mayor' s objections to be
spread upon their minutes , and shall proceed to consider
the same, and if they shall again pass said ordinance
by a four-fifths (4/5) vote, it shall become a law,
the mayor ' s vote to the contrary notwithstanding. Any
903 11,01 35
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ordinance submitted to the mayor for his approval ,
and which he shall not return by the next regular
meeting of the city council , shall become law in
like manner as if passed by the city council and
approved by the mayor.
10. SECTION 31 . 02 . , Chapter 1 , Title III is deleted.
11 . SECTION 32 . 02. , Chapter 2 , Title III is amended to
read as follows :
SEC. 32. 01 . DUTIES AND POWERS .
He shall have the power to bid in property for the
city at all judicial and other sales under process
of law when the city is a party. He shall carefully
examine all ordinances passed by the city council
and approve those which meet his approbation; should
any not meet his approval he shall return the same
to the next regular meeting of the city council ,
with his objections in writing. He shall-veto only
such parts of the ordinance as do not meet with his
approval , and may approve the residue of the same .
He shall take care that all laws and ordinances of
the city are duly observed, respected and enforced
within, and on its property beyond the limits of the
city. He shall communicate from time to time such
information as he may deem proper to the city council ,
along with his recommendation touching the general
welfare and government of the city. He may, at any
time, call a special meeting of the city council .
Each call so made shall be in writing, shall state the
purpose, or purposes , for which the meeting was called,
shall be spread upon the minutes , and the business of
the meeting shall be confined to the purpose so stated.
He. shall be called upon at the first meeting of each
month for the purpose of ,reporting and/or communicating
upon any and all city matters which he deems appropriate.
He shall be a voting member of every committee,
standing and/or temporary. He shall take part in all
city council agenda items as if he were a council
member, provided, however , he shall not vote at any
council meeting on any council matter.
12 . SECTION 32 . 02 . , Chapter 2 , Title III, is amended as
follows :
Sec. 32 . 02 . REMOVAL AND VACANCY.
The mayor may be impeached by the city council for
misfeasance, malfeasance or nonfeasance in office or
for habitual drunkenness or gross immorality, and
four-fifths of the city council concurring , may be
removed from the office. During the absence,
disqualification or disability of the mayor to
d-ischarge the duties of his office, or in case his
office shall devolve upon the president of the city
council or in case of such absence or disability of
both, upon the acting president of the city council
until the next regular election; provided, however,
if no election is scheduled within six (6) months
then after his vacancy a special election shall be
noticed and scheduled by the city council not less than
thirty (30) nor more than sixth (60) days from the
vacancy.
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13 . SECTION 33 . 01 , Chapter 3 , Title III , is amended
to read as follows :
Sec. 33 . 01. APPOINTMENT, FUNCTIONING ACTIONS ,
CITY MANAGER.
The city council may appoint a city manager which
shall be by four-fifths (4/5.) vote, who when
appointed shall be the administrative head of the
municipal government under the direction and
supervision of the city council and he shall hold
office at the pleasure of the city council . He
shall be chosen solely on the basis of his executive
and administrative qualifications . During the
absence or disability of the city manager, the city
council may designate some properly qualified person
to temporarily execute the functions of the office.
The removal or resignation of the city manager shall
be entered on the minutes of the council as a matter
of public record.
14. Chapter 3 , Title III is amended to add the following
section:
Sec. 33 . 02 . DUTIES AND POWERS .
The city manager shall be responsible for the proper
administration of all affairs of the city, and to
that end his powers are, and they shall be :
To see that the laws and ordinances are enforced;
unless otherwise by ordinance provided,_ to appoint
all employees of the city, all appointments to be
made upon merit and fitness alone; in his discretion
to remove employees of the city; to exercise control
and direct supervision over all departments and
divisions of the municipal government under this act
or which may hereafter be created by the city council ,
including public utilities owned or operated by the
city; to see that all terms and conditions imposed in
favor of the city or its inhabitants in any public
utility franchise are faithfully kept and performed;
and upon knowledge of any violation thereof to report
same to the city council , and call the same to the
attention of the city attorney, whose duty it is
hereby made to take such legal steps as may be
necessary to enforce observance of the same; to attend
all meetings of the city council , and of its committees ,
with right to take part in the discussions , but
without having a vote; to recommend to the ,Council
for adoption such measures as he may deem necessary
or expedient to the best interest of the city; to
keep the city council fully advised as to the financial
condition and needs of the city by furnishing a quarterly
statement of operations with budget comparison and
to submit for its consideration an annual budget , and
to perform such other duties as may be prescribed
under this act, or as may be required of him by ordi-
nance or resolution of the city council.-_ The city
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manager of his designee(s) shall be purchasing
agent for the city by whom all purchases of
supplies shall be made, and he or his designee(s)
shall approve all vouchers for the payment of
same. In the capacity of purchasing agent he
or his designee(s) shall also conduct all sales
of city property which the council may authorize
to be sold as having become unnecessary or unfit
for the city' s use. All sales shall conform to
such regulations as the city council may from
time to time prescribe, but in case the amount of
any item involved shall exceed one thousand dollars
($1 , 000. 00) in value, he shall advertise for bids
in at least two (2) weekly consecutive publications
in a newspaper authorized under the laws of Florida
to publish legal advertisement which is published
® in said city. The first publication shall be at
least seven (7) days and the second publication shall
o be at least two (2) days preceding the date designated
in said notice for the receipt of such bid. The
city council , in the event competitive bids are
requested or advertised for , shall accept the highest
offer therefor, provided, however , that the city
council may reject all bids and require new bids to
be requested or advertised for as herein provided.
Nothing in this section shall prohibit the city manager
at his discretion, from advertising for bid the sale
of any city property whose unit price is less than
one thousand dollars ($1 , 000. 00) .
15 . Chapter 3 , Title III is amended to add the following
section:
Sec. 33. 03 . TERMINATION OR SUSPENSION OF CITY PERSONNEL.
The city manager shall have the right to terminate
the employment or to suspend any department head; any
department head shall have the right to terminate or
suspend any department employee provided he shall
document such action to the city manager within 24
hours . Any employee who feels he has been unjustly
suspended or terminated may request an informal hearing
with the city manager and show cause why he should not
receive disciplinary action; and if said employee still
feels he has been unjustly disciplined, he may make
a written request for a hearing before the city council .
Any department head u7ho feels he has been unjustly
suspended or terminated may make written request for a
hearing before the city council . Is it the intent of
this act that the following chain of government be
established: City Council , City Manager, Department
Head, Foreman, Employee. All requests and/or action
shall follow strictly this chain of command.
16 . Chapter 3 , Title III, is amended to add the following
section :
Sec. 33 . 04. TERMINATION OF CITY MANAGER.
No city manager shall be terminated from employment
except upon four-fifths vote of the city council.
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17 . Chapter 4, Title III is amended to read as follows :
Chapter 4. CITY ATTORNEY.
Sec. 34. 01. CITY ATTORNEY.
The city council shall appoint a city attorney,
whose duties shall be to advise the city council
and other officers of the city on any legal
question touching the discharge of his or their
official duty; to draw all ordinances and resolu-
tions for the city council ; to represent the city
in any litigation it may have ; to collect delinquent
taxes and foreclose liens therefor upon real estate;
and to do and perform such other duties as may be
required of him by ordinance or by request of the
city council. His compensation shall be fixed by
the city council.
18 . Section 35. 01 , Chapter 5 , Title III , is amended to
read as follows :
Sec. 35 . 01. DUTIES AND POWERS .
The chief of police shall attend all meetings of
the city council , and shall aid in the enforcement
of order therein under the direction:•of the presiding
officer; he shall execute the orders of the city
council ; he shall execute and serve all processes
and notices issued by authority of the county judge
or city council ; and shall perform such other
duties as may be appropriate to his office, under
the provisions of law or as may be required by ordi-
nance. He shall have power to arrest, with or
without warrant, and take into custody, any person
or persons who shall commit in his presence or
within his hearing or view any act forbidden by any
ordinance of the city, and he shall , without necessary
delay, convey the offender or offenders so arrested
before the county judge to be dealt with according
to law. And the chief of police and his deputies ,
and other members of the city police force, in addi-
tion to the powers incident to theiroffice as herein
enumerated, shall possess common law and statutory
authority of constables , except for the service of
civil process . When complaint is made to the chief
of police of an offense committed not in his presence,
view or hearing, he may go before the county judge
and swear out a warrant for the offender. And the
county judge may at any time, upon affidavit before
him made by any person that an offense has been
committed against any ordinance of the city, issue
his warrant for the offender, commanding his arrest .
19. Section 41. 01 , Chapter 1 , Title IV, is amended to
read as follows :
Sec . 41 . 01. Mayor' s court abolished.
That the mayor ' s court and the judicial powers of
the mayor as judge of saidcourt heretofore created
by chapter 11327 , Laws of Florida, Special Acts of
1925 , be and the same are hereby abolished and that
in every case where the mayor ' s court or the mayor
as judge of such mayor ' s court are mentioned in
I
chapter 11327 , Laws of Florida, Special Acts
of 1925, the same shall be construed so as to
mean the county court or the county judge
respectively.
20. Section 41 .02 , Chapter 1 , Title IV, is amended
to read as follows :
Sec. 41 . 02 . MAYOR' S DUTIES , ETC. , UNIMPAIRED.
Nothing in this act shall be so construedas to
alter, decrease, abolish, dismiss or affect any
of the duties , powers or authorities vested in
the mayor of said city, other than his duty and
power to preside over the mayor 's court , and
nothing in this act shall be construed so as to alter ,
diminish, increase, affect or abolish any of the
provisions of said chapter 11327, Laws of Florida,
Special Acts of 1925 , not relating to the mayor ' s
court herein abolished.
21. Section 41. 03 , Chapter 1 , Title IV, is deleted.
22 . Chapter 2 , Title IV, Section 42 . 01 , through 42 . 06. ,
with reference to the municipal judge is deleted.
23. Section 51 . 03 . , Chapter 1 , Title V, is amended to
read as follows :
Sec. 51. 03. REGISTRATION OFFICER.
The city manager shall be the registration officer.
24. Section 61. 01. , Chapter 1 , Title VI , is amended to
read as follows :
Sec. 61. 01. PURPOSE AND AMOUNT.
Whenever it shall be deemed advis-able to issue
bonds for any purpose or purposes hereinafter named,
to-wit : For raising money to be used in constructing
or maintaining waterworks or a system of sewerage ,
or otherwise promoting the health of said city, for
constructing, widening, opening, extending or paving
the streets or sidewalks of said city; for opening,
constructing or maintaining public parks or promenades ;
for erecting school houses and maintaining a system
of public education in said city; for establishing
and maintaining a fire department ; for erecting and
maintaining buildings for the use of said city; for
the redemption of bonds , outstanding , and for any one
or more of said purposes , the city council are hereby
authorized to issue bonds of said municipality under
the seal of the corporation in an amount not to exceed
fifteen per centum of the assessed value of the
taxable property within the limits of said city, said
value In be determined by the latest completed assess-
ment roll of the city, signed by the mayor, counter-
, 903 ea-1.900 R�C
86
•
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.
25. Chapter 2 , Title VI , is amended to read as follows :
Sec. 62 . 01 . TAX LEVY.
After review of the assessment roll as delivered
to them by the county property appraiser , the city
council shall determine the amount of money to be
raised by taxation for general city purposes , and
shall agree upon a zero base budget of expenses for
the ensuing year , which shall designate the officers
of the city with the salary of each, and under general
heads , such as streets , fire department, electric
lights , water, publicity, police, sinking fund,
interest on outstanding indebtedness , the subject
of corporation expenditures for each purpose, which
budget shall be published in one issue of a newspaper
published in Zephyrhills or by posting the same in
two or more public places in the city; the city council
shall certify to the county property appraiser a
tax upon all property described in the assessment roll
sufficient to raise the amount of said budget , but
the amount so levied shall not be more than the
maximum as allowed by state law.
Sec. 62. 02 . PAYMENT.
All taxes (except license tax) shall be due and
payable on and after the first Monday in November;
and all taxes remaining due and unpaid on the first
day of May thereafter shall be enforced as herein-
after provided. All taxes , together with cost and
legal expenses , shall be a lien on the real and
personal property assessed, and the taxes on such
shall relate back to the first day of January of the
year for which the same are assessed and levied.
Sec. 62. 03 . DELINQUENT TAXES .
If the taxes on any real estate shall remain unpaid
on the first day of May, the city manager shall
advertise and sell the same at the door of the city 3>
hall in Zephyrhills in the manner and form that is or
may be provided by the state revenue law, as far as
same can conveniently be followed, except as other-
wise provided herein.
Sec. 62. 04. NOTICE OF SALE .
The city council may contract for publication of notice
of any tax or lien sale in a paper published in
Zephyrhills , and shall post notice thereof in at least
three conspicuous places in said city, which said notice
shall be similar in form to that prescribed by the
state; and proof of publication or posting of such
notice, with a copy of said notice as published or
posted, shall be made by some authorized person
connected with the newspaper publishing the same, or
by the city official posting the same. A substantial
compliance with the manner and form of the sale for
taxes referred to shall be sufficient . Any property
erroneously sold may be reassessed as hereinabove
SEC SWC FAGEI9OI
46�
,95
provided, or may be readvertised and resold,
but the charges and costs for only one sale
shall be charged against that property.
Sec . 62. 05. TAX SALE CERTIFICATES .
The city manager shall give to the purchaser of
any property at any such tax sale a certificate
of such sale in usual form, and such certificate
shall be subject to assignment or transfer by
endorsement upon the back thereof.
Sec. 62. 06. RECORD OF PROPERTY SOLD.
The city manager shall make out a list in duplicate
of all lands sold by him, giving name of owner ,
if so assessed, description of land, name of purchaser ,
® the amount sold for , together with the date and
place of sale and shall append to each his official
0 certificate that such sale was made according to law.
One (1) such list shall be filed with the city manager
and one with the clerk of the circuit court of the
county. (Sp . Laws , 1965 , ch. 65-2411 . )
Sec. 62 . 07 . TAX DEEDS .
Deeds for real estate sold for delinquent taxes by
the city may be procured after the period of one
year from the date of sale, from the clerk of the
circuit court, in the usual form; , but thirty days
prior notice of application for such deed shall be
given by posting at the courhouse door or by
publication in a newspaper published in Zephyrhills ,
and in either case a copy of the notice • shall be
mailed to the owner or agent of the owner or agent of
the property if his name and address are known. The
clerk of the circuit court shall receive one dollar
for such deed, which shall be paid by the purchaser.
Sec. 62 . 08 . SALE OF PERSONAL PROPERTY FOR TAXES .
The city manager may collect taxes remaining due on
personal property onthe first day of May by levy upon
and sale of such property, or any part thereof; and
his written description of such property, with the
date of assessment and the amount due, and any costs ,
shall be filed with the city manager at the time of
such levy. At least fifteen days notice of any such
sale under such levy, giving time and place of sale,
shall be given by the city manager by posting in at,
least three public places for a period of two weeks ,
or by publishing the same for two consecutive weeks
in some newspaper published in said city.
When such property cannot readily be moved to the
place of sale at the door of the city court house,
it may be sold where it is located in said city. The
city manager shall report to the city council his
proceedings in such cases . The costs of such sale
shall be the same as those fixed by the laws of the
State of Florida in like cases of sale for state and
county taxes , and shall be taxed against the property,
which cost shall be paid into the general revenue of
the city.
nF` 903 PAGE19U2
RrC
96
Sec . 62. 09 . REDEMPTION.
The redemption of property sold for taxes may
be made in such manner and form as the city council
may provide by ordinance, and, in the event no
such provision is made, redemption may be made
through the appropriate city officers in substantially
the manner provided in the case of tax sales by the
state or county so far as the same shall be appli-
cable.
111
Sec. 62 . 10. REVERSION OF TITLE .
When land is bid in by or for the city at any tax
sale , and such land is not redeemed nor the certifi-
cate of such sale sold and transferred by the city,
the title to such land, pursuant to such tax sale,
shall , at the expiration of the time for redemption
vest in said city without the issuing of a deed.
Sec. 62. 11. ADDITIONAL METHOD FOR COLLECTION,
In addition to the foregoing method of collecting
taxes , the city shall have power to enforce the pay-
ment of taxes due the city by an action or suit at
law or in chancery. In such cases the bill of
complaint , or the declaration, shall briefly allege
the assessment of the taxes sought to be enforced,
the failure to pay same, and shall pray for a judgment
or decree that the property be sold to satisfy the
city' s claim. The costs of the case, together with
an attorney' s fee of twenty-five dollars , and ten
per cent of the amount of taxes , shall be taxed against
the property as a part of the judgment or decree,
and the same shall be a lien on the property.
26. Section 71. 06. , Chapter 1 , Title VII is amended to
read as follows : - .
Sec. 71 . 06. CERTIFICATES DISPOSED OF BY CITY MANAGER.
The certificate when issued shall be delivered to the
city manager who shall sell or dispose of the same in
part or full payment for the work or improvement or
for cash, at the discretion of the city council.
27 . Section 71 . 09. , Chapter 1 , Title VII is amended to
read as follows :
Sec. 71. 09 . WHERE PAYABLE.
Such certificates shall be payable at the office of
the city manager.
28 . Title VIII is amended to read as follows :
TITLE VIII. MISCELLANEOUS PROVISIONS .
CHAPTER 1 . RECEIPT OF GIFTS , ETC . , BY CITY.
SEC . 81. 01 . POWER TO RECEIVE GIFTS ESTABLISHED.
The City of Zephyrhills is hereby authorized and
empowered to receive by gift , donation, purchase or
otherwise, any real property situate within the
corporatelimits of said city to be used for the
best interest and welfare of said city as determined
by the city council.
E. - 903 QAGEl903
SEC. 81. 02 . CITY MAY DISPOSE OF PROPERTY
RECEIVED BY GIFT.
The City of Zephyrhills is further authorized
and empowered to receive by gift, any real
property situate within the corporate limits
of said city wherein the said gifts contain
111 restrictions and conditions upon the use of said
111 real property; provided, however , that the city
council may upon majority vote in either special
or regular session, deem such conditions or
restrictions contained in said gifts to be
detrimental to the best interest and welfare of
the City of Zephyrhills , in which instance the
city council is hereby empowered to dispose
of said property, regardless of said restrictions
or conditions .
SEC. 81. 03 . TITLE SHALL BE TAKEN IN NAME OF CITY.
The title to all real property as mentioned in this
section,. so acquired, shall be taken and held in
the name of the said City of Zephyrhills .
CHAPTER 2 . TAX ADJUSTMENT BOARD.
SEC . 82. 01. ' ESTABLISHMENT; DUTIES AND POWERS .
That the city council of the City of Zephyrhills ,
Florida, be and it is hereby constituted a tax
adjustment board with full power to compromise
and adjust outstanding and unpaid taxes owed to the
said City of Zephyrhills , Florida, and which are
delinquent as of the date of the passage of this
act, and to likewise compromise and adjust the
principal and interest, or either, of liens for
special assessments , said adjustments to be on such
basis as may be determined by said board to be
equitable, and represent the settlement for an amount
which is considered by said board to represent the
reasonable maximum equity in said unpaid tax, or
special assessment liens , the decision of said board
to be definite and final in this respect.
29. Title IX is amended to read as follows :
TITLE IX. RECALL.
CHAPTER 1.
SEC. 91 . 01. Recall petition.
Recall of any elected person shall be in accordance,
with the provisions as set forth in the Florida '
Statutes and its amendments and revisions . -
30. The Charter of Zephyrhills is amended to add-- the •
Title X which reads as follows : ='•-
TITLE X. INITIATIVE.
SEC . 100.01. RIGHT OF CITIZEN TO AMEND CHARTER CODE.
Any charter amendment or ordinance may be proposed
upon presentation of a petition setting forth the
Rcc 903 PACE19O4
tST
proposed charter amendment or proposed
ordinance and signed by ten (10) percent
of the municipal registered voters together
with the date said voter signed and whose
signatures shall be certified as in §91 . 01 (h)
within sixty (60) days of the obtaining of
the first signatures .
Sec. 100. 02 . ELECTION; BALLOT OF INITIATIVE . '
The proposed change shall be placed on the
ballot at the next regularly scheduled election
unless no election shall be scheduled within a .
six (6) month period after presentment of signed
petition to the city council in which event an
election shall be scheduled by the city council: . .
no sooner than thirty (30) nor more than sixty
(60) days from date of presentment of signed
petition to the city council .
Sec . 100 . 03 . FAILURE OF PROPOSAL.
If the proposed change fails , then that proposal
shall not be again presented until the expiration
of one year from date of election.
PROVISION 1 : That the Municipal 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 5 , 1977 .
PROVISION 3 : This ordinance shall become effective
immediately upon passage.
The foregoing Ordinance No. 268 was read and
passed on its first reading by the City Council of the City
CD
c -oPPhyrhills , Florida, on the 28th day of February, 1977 .
J ES A. BAILEY
<; President of City Council
t;
'....ATTEST : -74 4. _. /►
GAR , S . ROBERTS
City Manager
nR 903 rbGEi9O55
SC
Est
•
The foregoing Ordinance No . 268 was read and
passed on its second reading by the City Council of the
City of Zephyrhills , Florida, on the 7th day of
00/0 :.Mhz.M.*.-1-f97:7 .
cp#P111 1 :2414/A )daltitt/
J S A. BAILEY
P . -= . • ._ President of City Council
r •••ATTEV:� � _.:
j �3 T GAR S_ Re :ERT S
City Manager
The foregoing Ordinance No . 268 was approved by
me this 7th day of March, 1977 .
eaai'd
LEY
nCIAL,
S A. BA
Mayor
•
RLC - 903 PAGEI906
�5T