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HomeMy WebLinkAbout1452-22 Charter AmendmentsINSTR# 2022262491 OR BK 10738 PG 2891 Page 1 of 6 12/16/2022 10:33 AM Rcpt: 2533141 Rec: 52.50 DS: 0.00 IT: 0.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller WHEREAS, the City Council of the City of Zephyrhills has reviewed the City Charter and has determined that it would be in the best interest of the City of Zephyrhills to amend the City Charter, as set forth in this Ordinance; and WHEREAS, The City Council of the City of Zephyrhills deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Zephyrhills and the public at large. WHEREAS, two public hearings were held by the City Council on this Ordinance on The 28th of November 2022; and The 12th of December 2022; WHEREAS, due public notice of hearings was given by the City Council on November 17th, 2022 and December 1st, 2022; NOW, i BE IT ORDAINED BY THE CITY COUNCIL CITY OF ! ' t FOLLOWS: Section 1. Section 1.1.01 — MUNICIPALITY CREATED, of the City Charter shall be amended to read as follows: -1- OR BK 10738 PG 2892 Page 2 of 6 That a municipality to be known and designated as the City of Zephyrhills is hereby created and established in Pasco County, November 17, 1914. Said Amendment shall be submitted to the electors of the City for approval or disapproval at the same time, form and manner as set forth in herein of this Ordinance and shall be placed on the ballot in the form of the following proposition. CITY OF ZEPHYRHILLS REFERENDUM PROPOSITION NO. I. "PROPOSITION ONE" SHALL SECTION 11.01 — MUNICIPALITY CREATED OF THE CHARTER OF THE CITY OF ZEPHYRHILLS, FLORIDA, BE AMENDED TO PROVIDE THE DATE OF CREATION AND ESTABLISHMENT OF THE CITY OF ZEPHYRHILLS? YES - In favor of adopting amendment to City Charter NO - Not in favor of adopting amendment to City Charter Section 2. Section 21.031 - - Elections and Terms, of the City Charter shall be amended to read as follows: (1) Commencing with the regular municipal election of April 11 `h, 2023, and at the regular municipal election each four (4) years thereafter, one City Council Member shall be elected for a term of four (4) years. (2) Commencing with the regular municipal election of April 9`h, 2024, and at the regular municipal election each four (4) years thereafter, two City Council Members shall be elected for a term of four (4) years. (3) Commencing with the regular municipal election of April 8`h, 2025, two City Council Members shall be elected for a term of four (4) years and at the regular municipal election each four (4) years thereafter. Said Amendment shall be submitted to the electors of the City for approval or disapproval at the same time, form and manner as set forth in herein of this Ordinance and shall be placed on the ballot in the form of the following proposition. CITY OF ZEPHYRHILLS REFERENDUM PROPOSITION NO. 2. "PROPOSITION TWO" SHALL SECTION 21.031 — ELECTIONS AND TERMS OF THE CHARTER OF THE CITY OF ZEPHYRHILLS, FLORIDA, BE AMENDED AS SET FORTH IN SECTION 2 OF ORDINANCE NO. 1452-22 OF THE CITY OF ZEPHYRHILLS, TO PROVIDE FOR FOUR (4) YEAR TERMS OF OFFICE FOR CITY COUNCIL MEMBERS? YES - In favor of adopting amendment to the City Charter NO - Not in favor of adopting amendment to the City Charter Section 3. Section 21.11 — Designation of Depositories, of the City Charter shall be amended to read as follows: 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 Finance Director shall be required to -2- OR BK 10738 PG 2893 Page 3 of 6 deposit day by day such funds of the City as may come into said director's hands in said banks to the credit of the City, and shall be required to present quarterly at Council Meetings a report of all such monies collected and deposited in said banks by the Finance Director; the City Council may, by resolution require .such banks acting as City depository, to give such bond as they deem proper, for the safekeeping 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. Said Amendment shall be submitted to the electors of the City for approval or disapproval at the same time, form and manner as set forth in herein of this Ordinance and shall be placed on the ballot in the form of the following proposition. CITY OF ZEPHYRHILLS REFERENDUM PROPOSITION NO. 3. SHALL SECTION 21.11 — DESIGNATION OF DEPOSITORIES OF THE CHARTER Oro THE CITY OF ZEPHYRHILLS, FLORIDA, BE AMENDED AS SET FORTH IN SECTION OF ORDINANCE NO.OF OF ' TO PROVIDE FINANCE DIRECTOR TO REPORT MONEY DEPOSITS QUARTERLY AT COUNC MEETINGS? I YES - In favor of adopting amendment to the City Charter NO - Not in favor of adopting amendment to the City Charter Section 4. Section 32.03 — Election and Term, of the City Charter shall be amended to read as follows: At the regular municipal election of April 111h , 2023, the Mayor shall be elected by the qualified voters of the City for a term of four (4) years and at the regular municipal election every four (4) years thereafter, the Mayor shall be elected for a term of four (4) years. Said Amendment shall be submitted to the electors of the City for approval or disapproval at the same time, form and manner as set forth in herein of this Ordinance and shall be placed on the ballot in the form of the following proposition. "PROPOSITION FOUR" SHALL SECTION 32.03 - ELECTION AND TERM OF THE CHARTER OF THE CITY OF ZEPHYRHILLS, FLORIDA, BE AMENDED TO PROVIDE FOR FOUR (4) YEAR TERMS OF OFFICE FOR THE MAYOR? YES - In favor of adopting amendment to the City Charter NO - Not in favor of adopting amendment to the City Charter Section 5. Section 51.01 — Time of Holding, of the City Charter shall be amended to read as follows: 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 office at the next -3- OR BK 10738 PG 2894 Page 4 of 6 regularly scheduled Council meeting after- the canvas is received from the County Canvassing Board. Said Amendment shall be submitted to the electors of the City for approval or disapproval at the same time, form and manner as set forth in herein of this Ordinance and shall be placed on the ballot in the form of the following proposition. CITY OF ZEPHYRHILLS REFERENDUM PROPOSITION NO. 4. "PROPOSITION FIVE" SHALL SECTION 51.01 — TIME OF HOLDING OF THE CHARTER OF THE CITY OF ZEPHYRHILLS, FLORIDA, BE AMENDED TO PROVIDE THAT ELECTED OFFICERS SHALL TAKE OFFICE AT THE NEXT REGULARLY SCHEDULED COUNCIL MEETING AFTER THE CANVAS IS RECEIVED FROM THE COUNTY CANVASSING BOARD'? YES - In favor of adopting amendment to the City Charter NO - Not in favor of adopting amendment to the City Charter Section 6. Section 51.041 — Qualification of Candidates, of the City Charter shall be amended to read as follows: 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 offzce. Resident. In order far a candidate to be a resident of the City, that candidate must have his or her primary physical residence and dwelling with 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 period seeking or holding elective office in the City shall be strictly construed. Filing Fees and Nominating Petitions. The City Council may set filing fees to be paid by candidates at the time of qualifying to run for elective office. The nomination of all candidates far elective offices shall be made by nominating petitions. The name of any elector of the City having the necessary qualifications to hold the office may be nominated for the election to such office when a petition shall be f led with the City Clerk, signed by not less than twenty-five (25) registered voters of the City. The signatures to a nominating petition need not all be on one paper. Sample Form: Such nominating petition shall be substantially in the following farm: "We the undersigned, being registered voters of the City of Zephyrhills, hereby present (here write name of candidate) whose residence is in the City of Zephyrhills, as a candidate for election to the office of (here insert name of office) at the election to be held in the City of Zephyrhills on the day of z 2U (Name and Address of Petitioner) (Date off i nin ) " Allpapers comprising such petition shall be securely fastened together and filed as one petition with the City Clerk during the designated qualifying period prior to the election. -4- OR BK 10738 PG 2895 Page 5 of 6 Said Amendment shall be submitted to the electors of the City for approval or disapproval at the same time, form and manner as set forth in herein of this Ordinance and shall be placed on the ballot in the form of the following proposition. "PROPOSITION SIX" SHALL SECTION 51.041 — QUALIFICATION OF CANDIDATES OF THE CHARTER OF THE CITY OF ZEPHYRHILLS, FLORIDA, BE AMENDED AS SET FORTH IN SECTION 6 OF ORDINANCE NO. 1452-22 OF THE CITY OF ZEPHYRHILLS, TO REMOVE THE TIME CONSTRAINTS TO OBTAIN SIGNATURES TO QUALIFY FOR ELECTION? YES - In favor of adopting amendment to the City Charter NO - Not in favor of adopting amendment to the City Charter Section 7. Section 51.07 — Canvass of Returns, of the City Charter shall be amended to read as follows: The City Council shall receive the returns of all City elections, and shall accept the canvas from the County Canvassing Board of the same at the next regularly scheduled Council meeting after said returns are received by them, and shall declare the results thereof, which shall be spread upon their minutes. The City Council may by resolution extend the time.for a period not to exceed.five (S) days. Said Amendment shall be submitted to the electors of the City for approval or disapproval at the same time, form and manner as set forth in herein of this Ordinance and shall be placed on the ballot in the form of the following proposition. CITY OF ZEPHYRHILLS REFERENDUM PROPOSITION NO. 7. "PROPOSITION SEVEN" SHALL SECTION 51.07 — CANVASS OF RETURNS OF THE CHARTER OF THE CITY FLORIDA, BAMENDED • ` •'TH IN SECTION 7• ` ORDINANCE NO.OF OF ' ' TO PROVIDE THAT CIT COUNCIL WILL ACCEPT AND DECLARE OF • AT NEXT REGULARLY • •COUNCIL YES - In favor of adopting amendment to the City Charter NO - Not in favor of adopting amendment to the City Charter Section 8. TITLE XI — Charter Amendment, of the City Charter shall be amended to read as follows: This Charter may be amended in accordance with Section 166.031, Florida Statutes, as amended and shall be formerly reviewed by City Council every ten (10) years. Said Amendment shall be submitted to the electors of the City for approval or disapproval at the same time, form and manner as set forth in herein of this Ordinance and shall be placed on the ballot in the form of the following proposition. -5- OR BK 10738 PG 2896 Page 6 of 6 CITY OF ZEPHYRHILLS REFERENDUM PROPOSITION NO. 8. "PROPOSITION EIGHT" SHALL TITLE XI — CHARTER AMENDMENT OF THE CHARTER OF THE CITY OF ZEPHYRHILLS, FLORIDA, BE AMENDED AS SET FORTH IN SECTION 8 OF ORDINANCE NO. 1452-22 OF THE CITY OF ZEPHYRHILLS, TO PROVIDE THAT CITY COUNCIL FORMALLY REVIEW THE CHARTER EVERY TEN (10) YEARS? YES - In favor of adopting amendment to the City Charter NO - Not in favor of adopting amendment to the City Charter Section 4. The City Clerk shall cause of notice of this election called for the purpose of presenting the subject of Charter revision to a vote of the electorate to be published in accordance with the provisions of Section 100.342, Florida Statutes, at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is to be held; provided that the first publication shall take place at least thirty (30) days before the date fixed for the referendum and shall be published in a newspaper of general circulation within the City. Section 10. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 11. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 12. Specific authority is hereby given to codify this Ordinance. Section 13. This Ordinance shall become effective immediately upon adoption. The amended section of the Charter as set forth in Section 1 and Section 2 hereinabove shall become effective upon certi%catipn of the election, if the question to be voted upon provided hereinabove receives an affirmative vote of the majority of the votes cast at the election held on April 11, 2023. P t ",-p �- � e, fore dinance No. 1452-22 was read and passed on the first reading, following a ,�pubhc hearing;-.* an open and regular meeting of the City Council of the City of Zephyrbills, Florida on this Y8rh day of November, 2022. 1,,} Lori L.,Hman City Clerk (;]diilkeson Council President Thi iTfjohhuOrdinance No. 1452-22 was read and passed on the second reading, following a public heain;T...in an open and regular meeting of the City Council of the City of Zephyrhills, Florl Ch.: s pi `Wi 1 h-Aay of December 12, 2022. 00 Lori L. Hillman, City Clerk Jodi Wilkeson, Council President t foregoing Ordiin. ce No. 1452-22 was approved by me on t 's 12"' day of December, 2022. .............. Genehitfield, M Approved as to legal form and content for the reliance of the City of Zephyrhills only: Matthew E. Maggard, City ttorncy -6-