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HomeMy WebLinkAboutOrdinance No. 1465-23 Adopt Charter AmendmentINSTR# 2023133051 OR BK 10858 PG 1919 Page 1 of 3 07/26/2023 11:25 AM Rcpt: 2607867 Rec: 27.00 DS: 0.00 IT: 0.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller ORDINANCE NO. 1465-23 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, APPROVING AN AMENDMENT TO THE CHARTER LAWS OF THE CITY OF ZEPHYRHILLS; AMENDING TITLE 1, CHAPTER 1, SECTION 11.01 TO PROVIDE THE DATE OF CREATION AND ESTABLISHMENT OF THE CITY OF ZEPHYRHILLS; AMENDING TITLE II, CHAPTER 1, SECTION 21.031 TO REQUIRE COUNCIL MEMBERS BE ELECTED TO A TERM OF FOUR YEARS; AMENDING TITLE II, CHAPTER 1, SECTION 21.11 TO REQUIRE THE FINANCE DIRECTOR TO REPORT MONEY DEPOSITS AT QUARTERLY COUNCIL MEETINGS; AMENDING TITLE II, CHAPTER 2, SECTION 32.03 TO REQUIRE THE MAYOR BE ELECTED TO A TERM OF FOUR YEARS; AMENDING TITLE V, SECTION 51.01 REQUIRING ELECTED OFFICIALS TO TAKE OFFICE AT THE NEXT REGULARLY SCHEDULED COUNCIL MEETING AFTER THE CANVAS OF VOTE; AMENDING TITLE V, SECTION 51.07 TO PROVIDE THAT CITY COUNCIL ACCEPT AND DECLARE THE RESULTS OF THE ELECTION AT THE NEXT REGULARLY SCHEDULED COUNCIL MEETING; AMENDING TITLE XI TO PROVIDE FOR FORMAL REVIEW OF THE CHARTER EVERY TEN (10) YEARS; PROVIDING FOR INCLUSION IN THE CHARTER OF THE CITY OF ZEPHYRHILLS AND POWERS AND AUTHORITY FOR THE CODE CODIFIER; PROVIDING FOR SEVERABILITY AND PROVIDING FOR EFFECTIVE DATE OF ORDINANCE AND EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENTS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City Council of the City of Zephyrhills has duly considered the Charter amendments, as voted on by the electorate of the City of Zephyrhills, Florida, and by passage of this ordinance indicates its desire to approve the Charter amendments as set forth herein; and WHEREAS, The City Council of the City of Zephyrhills desires to amend the Charter of the City of Zephyrhills, Florida, pursuant to the procedures provided by law; and WHEREAS, a municipal election was held on April 11, 2023 wherein Charter amendments 1, 2, 3, 4, 5, 7 and 8 received a majority vote. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida as follows: Section 1. CREATION OF MUNICIPALITY. Title 1, Chapter 1, Section 11.01, Municipality created is hereby amended to read as follows: That a municipality to be known and designated as the City of Zephyrhills is hereby created and established in Pasco County, November 17, 1914. Section 2. ELECTION AND TERMS. Title II, Chapter 1, Section 21.031 is hereby amended to read as follows: (1) Commencing with the regular municipal election of April 11th, 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 9th, 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 8th, 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. -1- OR BK 10858 PG 1920 Page 2 of 3 Section 3. DESIGNATION OF DEPOSITORIES. Title II, Chapter 1, Section 21.11 of the City Charter is hereby 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 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. Section 4. ELECTION AND TERM. Title II, Chapter 2, Section 32.03 is hereby amended to read as follows: At the regular municipal election of April 11th, 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. Section 5. TIME OF HOLDING. Title V, Section 51.01 is hereby 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 regularly scheduled Council meeting after the canvas is received from the County Canvassing Board. Section 6. CANVASS OF RETURNS. Title V, Section 51.07 is hereby 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 (5) days. Section 7. CHARTER AMENDMENT. Title XI is hereby 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. Section 8. SEVERABILITY. Should any section, paragraph, sentence, clause, phrase or other part of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as a whole or any portion thereof, other than the part so declared to be invalid. Section 9. POWERS AND AUTHORITY FOR CODE CODIFER. The City's code codifier is granted broad and liberal power and authority to codify the Charter of the City of Zephyrhills, Florida, in terms of making appropriate harmonizing, technical or editorial changes and notes that do not affect the substantive provisions thereof. Section 10. EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage and signing by the Mayor. OR BK 10858 PG 1921 Page 3 of 3 Th ­64440111 6P mance No. 1465-23 was read and passed on the first reading, following a rc hearingin ©pen and regular meeting of the City Council of the City of Zephyrhills, ' � 1©rida, on this l Ott dayof July, 2023. Attest °-_ Lori L. Hillrri ,:City Clerk Lanc math Council President Th a e om 0fNdnce No. 1465-23 was read and passed on the second reading, following a public i g, in an open and regular meeting of the City Council of the City of Zephyrhills, Florida, on this -24 -',day of July, 2023. r 7� � Attest. 10 100j" AL_ Lori L. HillmaK ty Clerk Lan A. Smith, Council President r. Th foreg( )jg Ordinarlc%No. 1465-23 was approved by me on this 24t" day of July, 2023. elonie Bahr Monson Mayor Approved as to legal form and content for the reliance of the City of Zephyrhills only: Matthew E. Maggar , City Attorney -3-