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:
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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
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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
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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
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(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.
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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.
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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.
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�- � 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
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