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Home My WebLink About1193-13 ELECTION REFERENDUM flAiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiir 2013032672 Rcpt:1498851 Rec: 35.50 ORDINANCE NO. 1193-13 ' DS; 0.00 I T: 0.00 02/21/13 D. Bonilla, Dpty Clerk AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, CALLING FOR A REFERENDUM TO BE HELD ON APRIL 9, 2013, PROPOSING TO THE ELECTORATE OF THE CITY THAT SECTIONS 21.031, 21.05, AND 32.03 OF THE CITY CHARTER BE AMENDED; PROVIDING THAT THESE AMENDMENTS SHALL BE SUBMITTED TO THE ELECTORS OF THE CITY IN THE FORM OF THREE PROPOSITIONS ON THE REFERENDUM BALLOT; FIRST PROPOSITION BEING, SHALL CITY COUNCIL MEMBERS BE ELECTED TO A TERM OF THREE YEARS AS SET FORTH IN SECTION 1 OF THIS ORDINANCE BE ADOPTED; SECOND PROPOSITION BEING SHALL THE VICE PRESIDENT PRESIDE OVER MEETINGS IN THE PRESIDENT'S ABSENCE AS SET FORTH IN SECTION 2 OF THIS• ORDINANCE BE ADOPTED; THIRD PROPOSITION BEING SHALL THE MAYOR BE ELECTED TO A TERM OF THREE YEARS AS SET FORTH IN SECTION 3 OF THIS ORDINANCE BE ADOPTED; SETTING FORTH THE FORM OF THE QUESTIONS TO BE VOTED UPON AT SUCH ELECTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AUTHORITY TO CODIFY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 January 2013; and The 11th of February 2013; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS,FLORIDA,AS FOLLOWS: Section 1. Section 21.031, of the City Charter shall be amended to read as follows: PAULA S.0'NEIL,Ph.D PASCO CLERK & COMPTROLLER 02/21/13 03:56pm 1 of 4 (1) OR BK 8831 PG 2636 At the regular municipal election of April 9th, 2013, a Council Member shall be elected for a term of three (3) years and at the regular municipal election each three (3) years thereafter and two City Council Members shall be elected for a_term of two (2)years. The candidates. receiving the two (2)year terms shall be determined by drawing straws. Or in the alternative, a Councilmember(s) may volunteer for the two-year term(s). (2) At the regular municipal election of April 14th, 2014, one City Council Member shall be elected for a term of three (3) years and one City Council Member shall be elected for term of two (2)years. The candidates receiving the two (2) year term shall be determined by drawing straws. Or in the alternative, a Councilmember may volunteer for the two- Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33542 - A R BK 8831 4G 2837 2 of year term. (3) Commencing with the regular municipal election of April 13th, 2015, and at the regular municipal election each three (3)years thereafter, two City Council Members shall be elected for terms of three (3)years. (4) Commencing with the regular municipal election of April 11th, 2016, two City Council Members shall be elected for a term of three (3)years and at the regular municipal election each three (3)years thereafter. (5) Commencing with the regular municipal election of April 10th, 2017, and at the regular municipal election each three (3)years thereafter, one City Council Member shall be elected for terms of three (3)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. CITY OF ZEPHYRHILLS REFERENDUM PROPOSITION_NO. 1. "PROPOSITION ONE" SHALL SECTION 21.05 OF THE CHARTER OF THE CITY OF ZEPHYRHILLS, FLORIDA, •BE AMENDED AS SET FORTH IN SECTION 1 OF ORDINANCE NO. 1193-13 OF THE CITY OF ZEPHYRHILLS, TO PROVIDE FOR THREE 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 2. Section 21.05, Presiding Officer, of the City Charter shall be amended to read as follows: They shall elect annually one of their members to be their presiding officer, who shall be designated president of the City Council, and another one of their number to preside in the absence of the president, who shall be designated the vice president of the City Council. It is further provided that the presiding officer as provided for above shall at all times be privileged to vote on all matters before the City Council. 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 OR BK 8831 4G 2838 of the following proposition. CITY OF ZEPHYRHILLS REFERENDUM PROPOSITION NO. 2. "PROPOSITION TWO" SHALL SECTION 21.05 OF THE CHARTER OF THE CITY OF ZEPHYRHILLS, FLORIDA, BE AMENDED AS SET FORTH IN SECTION 3 OF ORDINANCE NO. 1193-13 OF THE CITY OF ZEPHYRHILLS, TO PROVIDE FOR THE VICE PRESIDENT OF. THE CITY COUNCIL TO PRESIDE OVER MEETING IN THE PRESIDENT'S ABSENCE? YES - In favor of adopting amendment to the City Charter NO - Not in favor of adopting amendment to the City Charter Section 3. Section 32.03 shall be amended.to read as follows: At the regular municipal election of April 2014 the Mayor shall be elected by the qualified voters of the city for a term of three (3) years and at the regular municipal election every three years thereafter, the-,_- mayor shall be elected for a term of three (3) 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. CITY OF ZEPHYRHILLS REFERENDUM PROPOSITION NO. 3. "PROPOSITION THREE" SHALL SECTION 32.03 OF THE CHARTER OF THE CITY OF ZEPHYRHILLS, FLORIDA, BE AMENDED AS SET FORTH IN SECTION 4 OF ORDINANCE NO. 1193-13 OF THE CITY OF ZEPHYRHILLS, TO PROVIDE FOR THREE YEAR TERMS OF OFFICE FOR MAYOR. 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 5. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. OR BK 84831 PG 2839 of 4 Section 6. 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 7. Specific authority is hereby given to codify this Ordinance. Section 8. 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 certification of the election, if the question to be voted upon provided hereinabove receives an affirmative vote the majority of the votes cast at the election held on April 9, 2013. 'o ..1tPNy Th'e4 e.going Ord°rl;a ance No. 1193-13 was read and passed on the first reading in an open and Mre lar ne.etnpg ,of tIYkCity- .Council of the City of Zephyrhills, Florida, on this 28th day of "Janiary 0t3 ; 1 -�n Jtest:: - è 1& L) V ( -çk ' `, I.pi11oan.. Clerk Kenneth V. Compton, Council President O ,; The'foPepj iinance No. 1193-13 was read and passed on the second reading, following a public hearing,:in an open and regular meeting of the City Council of the City of Zephyrhills, Flopdçnfli4hay of February, 2013. r r jnda oan, Cy Clerk Kenneth V. Compton, Council President T ;forel oixiig.-0rdin'a e No. 1193-13 was approved by me on this 11th day of February, 2013. Kenneth V. Compton, assuming the duties of Mayor in his absence Approved as to legal form and legal content for the sole reliance of the City of Zephyrhills Jose A. Poblick, City Attorney