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HomeMy WebLinkAbout247 Charter Amendments ry t ORDINANCE NO. i AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, A MUNICIPAL CORPORATION, AMENDING THE MUNICIPAL CHARTER OF SAID CITY, AMENDING SECTION 21.01, CHAPTER 1, TITLE II, CHANGING THE NAME OF CITY CLERK AND CITY TAX ASSESSOR TO CITY MANA- GER; AMENDING SECTION 21. 11, CHAPTER 1, TITLE 111 II, GRANTING CITY COUNCIL PERMISSION TO USE MORE THAN ONE BANK AS DEPOSITOR OF CITY FUNDS; AMENDING SECTION 21. 12 , CHAPTER 1, TITLE II, PROVIDING FOR THE APPOINTMENT OF FIRE CHIEF; AMENDING SECTION 22.01 (35) , CHAPTER 2 , TITLE II, DELETING FROM SAID SECTION THE PHRASE "AND TO PRESCRIBE RULES AND REGULATIONS FOR THE ERECTION AND REPAIR OF BUILDINGS IN SAID CITY. "; AMENDING SECTION 22.01 (37) , CHAPTER 2, TITLE II, PROVIDING THAT CITY COUNCIL SHALL HAVE THE POWER TO BORROW FIFTY (50%) PERCENTUM OF TOTAL DEPRECIATED ASSETS OF CITY IN ANY ONE YEAR, AND PROVIDING THAT CITY SHALL NOT PAY INTEREST GREATER THAN NINE (9%) PERCENT PER ANNUM; AMENDING SECTION 22.02 , CHAPTER 2, TITLE II, BY ADDITION OF PROVISION PROVIDING APPOINTMENT OF CITY PROSECUTOR, GRANTING PRO; SECUTOR RIGHT TO SUMMON WITNESSES AND PROVID- ING FOR THE CREATION OF CLERK OF THE MUNICIPAL COURT AND SETTING FORTH DUTIES OF SAID CLERK; AMENDING SECTION 31.02, CHAPTER 1, TITLE III, CHANGING NAME OF CITY CLERK TO CITY MANAGER; AMENDING SECTION 33.01, CHAPTER 3, TITLE III, PROVIDING THAT CITY MANAGER SHALL PERFORM ALL OTHER DUTIES ASSIGNED TO HIM BY THE CITY COUNCIL; AMENDING SECTION 51.02, CHAPTER 1, TITLE V, PROVIDING THAT ALL PERSONS OVER THE AGE OF EIGHTEEN (18) YEARS WHO HAVE RESIDED IN THE CITY OF ZEPHYRHILLS FOR A PERIOD OF THIRTY (30) DAYS PRECEDING ANY ELECTION, WHO HAVE REGISTERED PURSUANT TO THE LAWS OF THE STATE OF FLORIDA, SHALL BE A QUALIFIED ELEC- TOR IN AND FOR THE CITY OF ZEPHYRHILLS; AMENDING SECTION 51.06 (a) , CHAPTER 1, TITLE V, PROVIDING THAT VOTING AT CITY ELECTIONS MAY BE EITHER BY VOTING MACHINE OR BY PAPER BALLOT; AMENDING SECTION 51.06 (b) ,_ CHAPTER 1, TITLE V, PROVIDING USE OF VOTING ;MACHINES IN CITY ELECTIONS TO BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA; AMENDING SECTION 51.06 (c) ., CHAPTER 1., TITLE V, PERMITING VOTING IN CITY ELECTIONS BY PAPER BALLOT, WRITTEN OR PRINTED, REQUIRING ALL SUCH ELEC- TIONS TO COMPLY WITH THE ELECTION LAWS OF THE STATE OF FLORIDA, BUT GIVING CITY COUNCIL. THE POWER BY ORDINANCE TO REGULATE SUCH CITY ELEC- TIONS ; AMENDING SECTION 51.07 ,. CHAPTER 1, TITLE V, PROVIDING THAT CITY COUNCIL MAY BY RESOLUTION EXTEND TIME FOR CANVASSING OF CITY ELECTIONS FOR A PERIOD OF TIME NOT TO EXCEED FIVE (5) DAYS; AMENDING SECTION 61.06 , CHAPTER 1, TITLE VI, PROVIDING THAT BONDS ISSUED BY THE CITY SHALL NOT BEAR INTEREST 'GREATER THAN NINE (9%) PER- CENTUM PER ANNUM, AND THAT ANY SALE OF ANY BONDS FOR LESS THAN ONE-HUNDRED (100%) PERCENT OF PAR VALUE SHALL BE SUBJECT TO APPROVAL OF CITY COUNCIL; AMENDING SECTION 71 .02, CHAPTER 1, TITLE VII,' PROVIDING FOR A PUBLIC HEARING PRIOR TO LETTING OF CONTRACT FOR NEW CONSTRUCTION, RESURFACING, OR OTHERWISE IMPROVING STREETS , ALLEYS , HIGH- WAYS , SEWERS , DRAINAGE PIPE, SIDEWALKS OR CURB- ING. ALSO PROVIDING PUBLICATION OF ESTIMATED COSTS PRIOR TO PUBLIC HEARING, AND FURTHER PRO- VIDING THAT CITY COUNCIL MAY HAVE THE RIGHT TO HAVE IMPROVEMENTS OR RESURFACING OF ANY STREETS , ALLEYS, SIDEWALKS , OR CURBING BY CITY WORK CREW AND PAID FOR FROM GENERAL FUNDS; AMENDING SEC- TION 71.07 , CHAPTER 1, TITLE VII, LIMITING INTEREST THAT CAN BE CHARGED BY THE CITY COUN- CIL ON CERTIFICATES ISSUED BY THE CITY TO A MAXIMUM OF NINE (9%) PERCENT PER ANNUM; AMEND- ING SECTION 71.08 , CHAPTER 1, TITLE VII, CHANG- ING THE DESIGNATION OF CERTIFICATE OF INDEBT- NESS TO LIEN, AND ALSO CHANGING THE DESIGNATION OF CITY CLERK TO CITY MANAGER. WHEREAS, the Legislature of the State of Florida has enacted legislation requiring the change in the Municipal Charter of the City of Zephyrhills, as the same pertains to elections, and WHEREAS, pursuant to recommendations of the Charter Study Committee, appointed by the City Council, certain addi- tional changes in the Municipal Charter have been recommended by said Charter 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 amend- ments are subject to referendum by City Electors, and WHEREAS, regular City Elections are set for April 8 , 1975, and if said suggested amendments can be included on the ballot of the April 8, 1975, election, the expense of a special election can be avoided, and WHEREAS , because of the short period of time remaining between this date and said April 8, 1975, election, and because of the necessity of submitting the suggested amendments, as the same pertains to elections, prior to said City Election, an emergency Ordinance should be enacted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS , FLORIDA, as follows : SECTION 1. That the Municipal Charter of the City of Zephyrhills be and the same is, hereby, now amended as follows : (1.) Section 21.01, Chapter 1, Title II, is amended to read as follows : SECTION 21.01. MUNICIPAL GOVERNMENT. That the government an t e municipa aut ority of said city shall be vested in a Mayor, a City Council composed of five members, a City Manager, a Tax Collector and Tax Assessor, a Chief of Police, a Board of Equalization of Taxes, 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. (2. ) Section 2.1. 11, Chapter 1, Title II, is amended to read as follows : SECTION 21. 11. DUTIES : DESIGNATE DEPOSITORIES. TZeiCity Counci s all, b regio cation, designate from time to time such banks to be the depositories of the funds of said city, and the Tax Collector 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. (3. ) Section 21. 12, Chapter 1, Title II, is amended to read as follows : SECTION 21. 12. DUTIES : FILL 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 Mayor nominations of a person to fill the office of City Manager, Tax Collector and Tax Assessor (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) , and one to fill the Chief of Police, Fire Chief and three (3) to fill the office of Board of Equalization of Taxes, 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 Mayor thereof and he shall 2. • within one day thereafter nominate another person, and so until all offices are filled. In case of failure or refusal of the Mayor to make nomi- nations as herein provided, the City Council shall have power to fill said offices without such nomi- nations . (4. ) Section 22.01 (35) , Chapter 2, Title II, is amended to read as follows : SECTION 22 .01 (35) . TO ESTABLISH FIRE LIMITS._ To fix and esta lis a fire limit wwwithIn said city. (5 . ) Section 22.01 (37) , Chapter 2, Title II, is amended to read as follows: SECTION 22.01 (37) . TO BORROW MONEY. The City Council—W.071 have power—Ey the majority vote of all members , in regular sessions, to borrow money for the use of the City in any amount not exceeding 'Ten: Thousand Dollars ($10,000 .00) , and to pledge the funds, credit and property of the City for the redemption thereof. In addition to said sum, the City Council shall have power by like vote to borrow fifty percentum (50%) of total depreci- ated assets in any one year, the fund or funds for the benefit of which such amount is being borrowed, and out of which it is to be repaid, to be speci- fied in the resolution authorizing same, which amount shall be repaid out of the funds collected under said budget, and no amount shall be borrowed hereunder until the amount previously borrowed has been fully repaid. The evidence of such indebted- ness shall be executed by the President of the City Council and attested by the City Manager, in the name and under the seal of the city, and shall not bear a greater rate of interest than nine per centum (9%) per annum. (6. ) Section 22 .02, Chapter 2, Title II, is amended to read as follows : SECTION 22.02. MAY APPOINT CITY PROSECUTOR. The City Council may appoint a City Prosecutor, whose duties shall be to appear in the Municipal Court of 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 Municipal Court to summon witnesses from throughout Pasco County to appear before him at such convenient places and times or times may be designated in the summons , to testify before him as to any violation of the Zephyrhills Municipal Code, upon which they may be interrogated, and he is empowered to administer oaths to all witnesses summoned. 3. 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 all sessions of the Munici- pal 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. (7. ) Section 31.02, Chapter 1, Title III, is amended to read as follows : SECTION 31.02. OFFICES COMBINED. The three 71717 -51---City Manager,Tax Col ector and Tax Assessor shall be held by one and the same person, unless otherwise provided by ordinance, and his official title shall be "City Manager", "Tax Collector", or "Tax Assessor", according as he may be discharging the duties of one or other of said offices . (8 . ) Section 33.01, Chapter 3, Title III, is amended to read as follows : SECTION 33.01 (a) . DUTIES AND POWERS. The City Manager shall attend all meetings of the City Council and of the Board of Equalization of Taxes , and shall make and keep a true and correct record of said meetings ; he shall attest all ordinances for posting or publication, and shall post oe publish the same; draw and sign all vouchers on the banks designated as depository of the city' s funds, and keep a correct account of same. He shall be the custodian of all books, files and records of the City. He shall keep all books and accounts and make all collections for the waterworks department of the city, un- less otherwise provided by ordinance;land shall perform such other duties as the City Council may require. (b) . The City Manager shall also perform all other duties assigned to him by the City Council . (9 . ) Section 51.02, Chapter 1, Title V, is amended to read as follows : SECTION 51.02. gUALICATIONS OF ELECTORS . Every ma e and rFI emale person over eighteen(18) years of age who shall have resided in the City of Zephyrhills for a period of thirty (30) days preceding any election and who shall have register- ed pursuant to the laws of the State of Florida, shall be a qualified elector in any election held in and for the City. The City Council shall pro- vide by ordinance for the regulation of all quali- fied electors within the city. 4. (10 . ) Section 51.06 (a) , Chapter 1, Title V, is amended to read as follows : SECTION 51.06 (a) . BALLOTS. The voting in albelections o t e City o Zephyrhills shall be either by voting machine or by paper ballot. (11. ) Section 51.06 (b) , Chapter 1, Title V, is amended to read as follows: SECTION 51.06 (b) . BALLOTS . Voting by voting macEii e sFbe on machines provided.by the Supervisor of Elections of Pasco County, Florida, the use of said voting machines to be governed by the laws of the State of Florida. (12. ) Section 51.06 (c) , Chapter 1, Title V, is amended to read as follows: SECTION 51.06 (c) . BALLOTS. Voting by paper awl ot, eier^writtenor printed, in a form of the ballot, the manner of calling, conducting, canvassing and making returns of all elections, as nearly as practicable conform to the general election laws of the State of Florida; the City Council shall have the power by ordinance to regulate such elections and to make such provi- sions relating thereto as they may deem best and proper. (13. ) Section 51.07, Chapter 1, Title V, is amended to read as follows : SECTION 51.07 . CANVASS OF RETURNS. The City Councfr—sfia 1 receive t e returns of all city elections, and shall canvass the same within forty-eight (48) hours after said returns are received by them, and shall declare the results thereof, which shall be spread upon their minutes, provided however, that the City Council may by resolution adopted, extend the time for canvass- ing said votes to a period of time not exceeding five (5) days. (14. ) Section 61.06, Chapter 1, Title VI, is amended to read as follows : SECTION 61.06. MINIMUM BID: INTEREST. The bonds erein provide for shall in no case to sold for less than ninety-five percent of their par value, and shall not bear a greater interest than nine (9%) per centum per annum. That any such sale for less than one hundred percent (100%) of par value of said bonds, shall be subject to approval of the City Council. 5 . (15.) Section 71.02, Chapter 1, Title VII, is amended to read as follows : SECTION 71.02 . PRELIMINARY ASSESSMENTS. In all cases providedinn this Act for the paving, grading, laying out, opening, resurfacing or otherwise im- proving of any street, alley or highway of the city; or for the construction or improvement of any sewer, drainage pipe or passage; or for the laying or construction of any sidewalk or curbing, in front of any lot, parcel or tract of land within the city and abutting any street, alley or highway, whenever the contract for same shall have been approved and prior to the commencement of construction, the City Council shall cause to be published a Notice of the letting of said con- tract which notice shall contain a statement show- ing the portion of street, alley, highway, side- walk, sewer, drainage pipe to be constructed or improved and the cost of same. Said notice to also contain an estimated cost to property owners owning land adjoining said construction or improve- ments ; but in said notice the names of the owner or owners of, or other persons interest in such lot, parcel or tract need not appear; but a sufficient description of the lot, parcel or tract to be asses- sed, to make it capable of identification, shall be given; and the said notice shall name a day not less than ten (10) days from the date of first publication when the City Council will meet for the hearing complaints which the owner or owners of or other persons interested_..in ._the lot, parcel or tract may desire to make against the construction or improvements described in said notice. If at said public hearing the City Council finds that no sufficient reason is shown why said con- struction or improvements should not be made and the cost assessed against the abutting property, as indicated in said notice, the City Council shall by resolution or otherwise, assess the cost of new construction against the abutting property, one-third (1/3) to each with one- third (1/3) of such costs to be paid by the City. Provided, however, that any improvement or resurfacing of any street, alley, sidewalk, or curbing may be performed by city work crews, and the cost of same paid from' the -general fund. (16. ) Section 71.07 , Chapter 1, Title VII, is amended to read as follows : SECTION 71.07 . LIEN: INSTALLMENTS • INTEREST RATE. Eac certi• icate s•FiaIl e a lien against the .sand therein described, and shall be payable in not more than ten (10) dqual annual installments as to princi- pal, as the Council may decide, with interest to be fixed by the City Council at the rate not greater than nine (9%) per centum per annum, payable annually from the date of the issuance thereof. 6. (17. ) Section 71.08 , Chapter 1, Title VII, is amended to read as follows: SECTION 71.08 . LIEN BOOK. As soon as practicable -a-TETT-the" issuance of any lien, as herein provided for, the City Manager shall enter, in a book to be kept for that purpose, to be known as the "Street Improvement Lien Book" the date of each certificate, 111 a description of the land upon which the lien is claimed, the amount or amounts due according to the terms of the said certificate, and when due, and such other information as may be deemed ad- visable. Upon the payment of any certificate so entered in said book, the holder of same shall produce the certificate before the City Manager for cancellation, and it shall be the duty of the City Manager to cancel the certificate, as well as the record thereof in the Street Improvement Lien Book; and in the event that the whole amount represented by the certificate shall not be paid, but only a portion thereof, the City Manager shall endorse upon the back of said certificate the amount paid and the date of the payment, and shall also make a similar entry in said book. SECTION 2. That approval of Charter Amendments referred to in Section 1, above, or either of same, shall be subject to' referendum of City Electors at City Election of April 8 , 1975. SECTION 3. This Ordinance shall become effective im- mediately upon passage. The foregoing Ordinance No. $'7 was read and: passed as an emergency Ordinance, having received the necessary 4/5ths votes as required by law to become effective immediately, subject to referendum referred to in said Ordinance. March 24, 1975 41°11___ a. :��/ L� President— Ciounci ATTEST: OP, if erk Approved: c 40 Mayor 7 .