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HomeMy WebLinkAbout4113 Charter ORDINANCE NO. 2008-4113 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, PROPOSING A REVISION TO THE CITY CHARTER OF THE CITY OF SANFORD; CREATING A REVISED CHARTER AS PROVIDED BY CHAPTER 166, FLORIDA STATUTES, AND SECTION 8.01, CITY CHARTER OF THE CITY OF SANFORD; PROVIDING THE CALL FOR A REFERENDUM ELECTION ON QUESTION OF APPROVAL OF REVISED CHARTER; SETTING REFERENDUM ELECTION ON AUGUST 26,2008 FOR THE PURPOSES OF PROPOSING TO THE ELECTORATE OF THE CITY OF SANFORD A REVISED CHARTER OF THE CITY OF SANFORD; PROVIDING FOR FORM OF BALLOT INCLUDING CHARTER QUESTIONS; PROVIDING FOR THE DUTIES OF THE CITY CLERK; PROVIDING FOR INCLUSION IN THE CHARTER OF THE CITY OF SANFORD; PROVIDING FILING OF REVISED CHARTER AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE OF ORDINANCE AND EFFECTIVE DATE OF PROPOSED AMENDED CHARTER. WHEREAS, the City Commission of the City of Sanford, Florida, may submit to the electorate of the City, a revised Charter pursuant to Chapter 166, Florida Statutes, and Section 8.01, City Charter of the City of Sanford; and WHEREAS, the City Commission of the City of Sanford, Florida, pursuant to authority of the City Charter appointed a Charter Review Commission which Commission has reviewed the City Charter and submitted recommendations to the City Commission for revision of the Charter; and WHEREAS, the City Commission finds it in the best interest of the City to revise the Charter of the City; and WHEREAS, the City Commission desires to submit the revised Charter to the electorate of the City for a referendum election to be held on August 26, 2008. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1. PROPOSED REVISED CITY CHARTER. Subject to approval by the electorate of the City at a referendum election held pursuant to the provisions of this Ordinance, a revised and amended Charter of the City of Sanford is created and adopted as follows and the existing Charter of the City of Sanford is revised and amended to read as follows: CHARTER OF THE CITY OF SANFORD ARTICLE I. POWERS OF THE CITY. Section 1.01. Powers of the City. The City of Sanford, Florida, shall have all powers possible for a city to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. Section 1.02. Construction. The powers of the City under this charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general powers stated in this article. Section 1.03. Intergovernmental Relations. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with anyone or more states or civil divisions or agencies thereof, or the United States or any agency thereof. Section 1.04. Description of Corporate Limits. The corporate limits of the City of Sanford, Florida, shall be those in effect on the date this Charter is ratified by the voters of the City of Sanford and said corporate limits may be amended by ordinance. Section 1.05. Annexation and Contraction. The territorial boundaries of the City of Sanford may be extended as provided by General Acts, Laws of Florida. Ordinance No. 2008-4113 Page 2 of 29 Section 1.06. Open Government. The City of Sanford shall conduct all of its business affairs and governmental operations in full accord with the letter and spirit of open government laws, public access to public records and the public's right to know how and why their government acts in a particular fashion. Section 1.07. Discrimination. The City of Sanford shall conduct all of its business affairs and governmental operations in an objective, fair, equitable and non-biased manner. The City shall not engage in discriminatory conduct based upon race, ethnicity, creed, color, nationality, religion, sexual orientation, gender or socio-economic status. ARTICLE II. CITY COMMISSION Section 2.01. Composition, Eligibility, Election and Terms. (a) City Commission. That there is hereby created a city commission of the City of Sanford, Florida to consist of five (5) members; four (4) Commissioners and a Mayor, who shall also be known as a Commissioner, each of whom shall be elected for a term of four (4) years. The City Commissioners holding office shall continue in office until their present terms of office expire and until their successors are elected and take office, unless vacancies therein otherwise occur. (b) Eligibility. Only qualified voters of the City shall be eligible to hold office of Commissioner. No person shall run for more than one commission seat in an election and no person shall run for Mayor and a commission seat in the same election. (c) Municipal Elections. (1 ) The regular municipal election for the election of a Mayor and City Commissioners shall be held at the same time as the state's general election. Each candidate shall announce whether he or she is a candidate for the office of Mayor or shall name the district seat for which they are seeking office. The candidate for Mayor receiving a majority (50%+1) of the votes cast for Mayor shall be elected. The candidate in each group for Commissioner receiving a majority (50%+1) of the votes cast in that group shall be elected. In case no candidate for Mayor receives a majority (50%+1) of the votes cast for Mayor in the regular election, a run-off election shall be held four (4) weeks following such election, at which run-off election only the two (2) candidates for Mayor receiving the highest vote in the regular election shall be candidates, and the candidate for Mayor receiving a majority (50%+1) of the votes cast for Mayor shall be elected. In case no candidate for Commissioner in a group receives a majority (50%+1) of the votes cast in that group in the regular election, a run-off election shall be held four (4) weeks following such election, at which run-off election only the two (2) candidates Ordinance No. 2008-4113 Page 3 of 29 receiving the highest vote in the regular election shall be candidates. The candidate receiving a majority (50%+1) of the votes cast in each such group shall be elected. (2) If a tie should occur during a run-off election the winner of the election shall be determined by the toss of a coin. The candidate filing the earliest qualifying papers shall call the coin while it is in the air. The City Clerk shall toss the coin and allow the coin to hit the floor to reveal the face of the coin. The face of the tossed coin shall determine the winner of the race. Write-in votes shall be allowed and counted only in the regular election. Write in ballots shall not be permitted in run-off elections. The names of unopposed candidates shall not appear on the general election ballot in accordance with the General Laws, State of Florida. (3) Any matter which, by the terms of this charter may be submitted to the electors of the City at any special election may be submitted and voted upon at the City's regular election. Section 2.02. Compensation; Expenses. The commission may determine the annual salary of Commissioners by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of Commissioners elected at the next regular election. Commissioners shall receive their expenses in the performance of their duties of office. Section 2.03. Mayor and Vice-Mayor. (a) The Mayor shall be elected for a term of four years. The Mayor shall be a member of the commission. In addition, he or she shall preside over meetings of the commission, shall be recognized as head of the city government for all ceremonial purposes, and by the governor and president during lawfully declared states of emergency and for the purposes of military law. The Mayor shall otherwise have no administrative duties or direct oversight of city employees. If a vacancy occurs the office shall be filled for the remainder of the unexpired term in accordance with the procedure established in section 2.06(c). (b) There shall be a City Commissioner who is designated as Vice-Mayor in addition to their City Commissioner duties, and the Vice-Mayor designation shall be rotated annually. Initially, the most senior Commissioner shall serve as Vice-Mayor for one year. Each year thereafter, the next senior Commissioner shall serve so that each Commissioner shall serve for one year during his or her four-year City Commission term. Each Vice-Mayor/City Commissioner shall serve for the one year period beginning with the first regularly scheduled commission meeting in January of each year. (c) The Vice-Mayor shall act as the Mayor during the absence or disability of the Mayor. If a vacancy occurs the Vice-Mayor shall act as Mayor until such vacancy is filled in accordance with section 2.06(c) filling of vacancies. Ordinance No. 2008-4113 Page 4 of 29 Section 2.04. General Powers and Duties. All powers of the City shall be vested in the commission, except as otherwise provided by law or this charter and the commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law. Section 2.05. Prohibitions. (a) Holding Other Office. Except where authorized by Jaw, no Commissioner shall hold any other city office or city employment during the term for which he or she was elected to the commission and no former Commissioner shall hold any compensated appointive city office or employment or hold any city board or committee position until one year after the expiration of the term for which he or she was elected to the commission. (b) Appointments and Removals. Neither the Mayor, the commission, nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the City Manager or any of his subordinates are empowered to appoint, but the commission may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquiries and investigations under section 2.09, the Mayor, the commission, or its members shall deal with the city officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the commission nor its members shall give orders to any such officer or employee, either publicly or privately. Section 2.06. Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of Mayor or Commissioner shall become forfeited and declared vacant upon the death, resignation, conviction of a felony without having their civil rights restored, recall or removal from office in any other manner authorized by law or this charter. (b) Forfeiture of Office. A commission member shall forfeit office if the member: (1 ) lacks at any time during his or her term of office any qualification for the office prescribed by this charter or by law; (2) violates any express prohibition of this charter; (3) is convicted of a felony without having their civil rights restored, or Ordinance No. 2008-4113 Page 5 of 29 (4) fails to attend three consecutive regular meetings of the commission without being excused by the commission. (c) Filling of Vacancies. At the time a vacancy in the commission occurs, if there is less than six (6) months before the next regular city election, said vacancy in the commission shall be filled by vote of the remaining members of the commission within 30 days after said vacancy shall occur. The person appointed shall hold office for the remainder of the unexpended term and shall be a qualified Commissioner meeting all qualifications under law. At the time the vacancy occurs, if there is more than six (6) months before the next regular city election, a special election shall be set no sooner than sixty (60) days and no later than ninety (90) days following the occurrence of the vacancy and no temporary appointment shall be made by the commission. Section 2.07. Judge of Qualifications and Involuntary Removal from Office. (a) The commission shall serve as the examiners and judge of city elections and of the qualifications of its members to hold their office. The commission may remove the Mayor or Commissioner from office upon showing by clear and convincing evidence that the elected official has committed any offense qualifying them for removal from office as setforth in Section 2.06(b). (b) No Mayor or Commissioner shall be removed from office prior to the completion of an investigation authorized by a simple majority vote of the commission. The commission shall cause a timely and thorough investigation and hearing of any allegations against the Mayor or Commissioner. (c) A Mayor or Commissioner charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand. Notice of such hearing against a Mayor or Commissioner and date of the hearing shall be posted and published in a manner normally afforded public hearings at least two weeks in advance of the hearing. (d) The commission shall have the power to subpoena witnesses, administer oaths, compel testimony, require the production of and weigh the evidence submitted as proof of the allegations, appoint special counsel to represent the interests of the City, and hire or appoint investigative staff needed to conduct an investigation of allegations against the Mayor or Commissioner. The commission shall hear evidence and testimony and shall formulate a conclusion based upon the evidence and testimony presented during the hearing. The Mayor or Commissioner so charged shall not vote at such hearing. (e) A Mayor or Commissioner may be suspended from office pending the decision at a public hearing conducted under Section 2.07(d) by a simple majority vote of the commission upon a showing of probable cause that the Mayor or Commissioner committed any offense as set forth in Section 2.06(b). The Mayor or Commissioner so charged shall not vote at such hearing. Ordinance No. 2008-4113 Page 6 of 29 Section 2.08. City Clerk. The City Commission shall appoint, direct, supervise and evaluate an officer of the City who shall have the title of City Clerk. The City Clerk is directly responsible to the City Commission as the representative of the legislative branch of government. The City Clerk shall give notice of commission meetings to its members and the public, keep the journal of its proceedings and perform supplementary duties as are assigned by this charter, or by the commission. The clerk shall be responsible for providing the commission and City Manager with sufficient budgetary information for the clerk's function in accordance with the City's established budgetary process. Section 2.09. Investigations. The commission may make investigations into the affairs of the City and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the commission shall be guilty of a misdemeanor and punishable to the extent provided by law. Section 2.10. Independent Audit. The commission shall provide for an independent annual audit of all city accounts and may provide for more frequent audits as it deems necessary. Such audits shall be made as provided by General Acts, Laws of Florida. State law references: Audit required, F.S. ~~ 166.241, 218.32. Section 2.11. Ordinances and Resolutions. (a) All ordinances, emergency ordinances and resolutions shall be adopted as provided by general law. The enacting clause of all ordinances shall be: "Be it enacted by the People of the City of Sanford, Florida." All ordinances and resolutions passed by the City Commission shall become effective ten days from date of passage, unless otherwise provided therein. (b) Every ordinance or resolution upon its final passage shall be recorded and properly indexed in a record-book kept for that purpose and shall be authenticated by the signature of the presiding officer and clerk of the commission. (c) Codification. Within ten years after the adoption of this charter and at least every ten years thereafter, the commission shall provide for the preparation of a general codification of all city ordinances which have been specified by the commission for inclusion in the code. The general codification shall be adopted by the commission by ordinance and shall be published promptly in loose-leaf form, together with this charter and any amendments thereto. This compilation shall be known and cited Ordinance No. 2008-4113 Page 7 of 29 officially as the Sanford City Code. Copies of the code shall be furnished to city officers and a copy kept on file at the office of the City Clerk for public reference and made available for purchase by the public at a reasonable price fixed by the commission. (d) Printing of Ordinances and Resolutions. The commission shall cause each ordinance and resolution having the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by the commission. Following publication of the first Sanford City Code and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The commission shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the Constitution and other laws of the State of Florida, or the codes of technical regulations and other rules and regulations included in the code. State law references: Uniform minimum mandatory procedure for adoption of ordinances and resolutions, F.S. ~ 166.041. ARTICLE III. CITY MANAGER Section 3.01. Appointment; Qualifications; Compensation. The commission shall appoint a City Manager for an indefinite term and fix the compensation. The manager shall be appointed solely on the basis of executive and administrative qualifications. He or she need not be a resident of the City or State at the time of appointment but shall reside inside the City while in office. Section 3.02. Removal. The commission may remove the City Manager from office in accordance with the following procedures: (1 ) The commission shall adopt by affirmative vote of a majority of all of its members a preliminary resolution which must state the reasons for removal and may suspend the City Manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the City Manager; (2) Within five days after a copy of the resolution is delivered to the City Manager, he or she may file with the commission a written request for a public hearing. This hearing shall be held at a commission meeting not earlier than fifteen days, or later than thirty days after the request is filed. The City Manager may file with the commission a written reply not later than five days before the hearing; (3) The commission may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members at any Ordinance No. 2008-4113 Page 8 of 29 time after five days from the date when a copy of the preliminary resolution was delivered to the City Manager if he or she has not requested a public hearing. (4) The City Manager shall continue to receive his or her salary until the effective date of a final resolution of removal. The action of the commission in suspending or removing the manager shall not be subject to review by any court or agency. Section 3.03. Acting City Manager. The City Manager shall designate an acting City Manager who shall perform the function of the City Manager during the manager's temporary absence or disability. The City Manager's approved designee for acting City Manager shall be filed with the City Clerk's office. The City Commission may revoke the City Manager's designee at any time. During times of the City Manager's absence or disability, the commission may revoke such designation and appoint an acting City Manager on its own authority. Section 3.04. Powers and Duties of the City Manager. The City Manager shall be the chief administrative officer of the City. The City Manager shall be responsible to the commission for the administration of all city affairs placed in his or her charge by or under this charter. The City Manager shall have the following powers and duties: (1 ) He or she shall appoint and, when he or she deems it necessary for the good of the service, suspend or remove all city employees and appointive administrative officers as provided for by or under this charter, except as otherwise provided by law, this charter or personnel rules adopted pursuant to this charter. The City Manager may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (2) direct and supervise the administration of all departments, offices and agencies of the City, except as provided by this charter or by law; (3) attend all commission meetings and shall have the right to take part in discussion but may not vote; (4) see that all laws, provisions of this charter and acts of the commission, subject to enforcement by the City Manager or by officers subject to his or her direction and supervision, are faithfully executed; (5) prepare and submit the annual budget and capital program to the commission, on or before July 1 st of each year; Ordinance No. 2008-4113 Page 9 of 29 (6) submit to the commission and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (7) make such other reports as the commission may require concerning the operations of city departments, offices and agencies subject to the City Manager's direction and supervision; (8) keep the commission fully advised as to the financial condition and future needs of the City and make such recommendations to the commission concerning the affairs of the City as he or she deems desirable; and (9) perform such other duties as are specified in this charter or may be required by the commission. ARTICLE IV. ADMINISTRATIVE DEPARTMENTS, OFFICES AND AGENCIES Section 4.01. General Provisions. (a) Creation, Amending or Abolishment of Departments. The commission may establish, amend or abolish city departments, offices, boards, committees or commissions or agencies in addition to those created and governed by this charter to conduct the business of the City in an efficient, orderly, effective manner that best benefits the City and its constituents unless otherwise prohibited by state law. The commission may prescribe the authority, scope and function of all city departments, offices, agencies, boards, committees or commissions, except that no functions assigned by this charter or by special state legislation to a particular department, office, agency, board, commission or committee may be discontinued or assigned to any other foreign agency, unless this charter or state law specifically so provides. (1 ) The commission may appoint and remove from office appointees to the City's offices, boards, commissions and charter committees unless such appointments and removals there from are otherwise provided by state statute or this charter. The commission shall have the power to appoint or remove an appointee by a simple majority vote. Appointees may be removed from office prior to the end of the appointee's term of office should the commission determine such removal to be in the best interest of the City. The commission shall fill vacancies in the same manner as appointments. (b) Direction by City Manager. The City Commission, state law and/or this charter shall designate a chain of supervisory authority for all departments, offices, agencies, boards, commissions or committees. All departments, offices, agencies, boards, commissions or committees under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of the City Commission, the City Manager may serve as the head of one or more such departments, offices, agencies, Ordinance No. 2008-4113 Page 10 of 29 boards, commissions or committees or may appoint one person as the head of two or more of them. (c) Police Department created; officers and employees; appointment. There shall be a chief of police who shall be appointed by the City Manager. The chief of police shall be the head of the police department, and as such shall appoint subordinates from eligible lists furnished by the human resources department. The chief of police shall have power, for cause, to discipline any officer or employee of the police force and shall perform such other duties as may be required by this act [charter], by the laws and ordinances of the City or by the City Manager. (d) Fire Department created; officers and employees; appointment. There shall be a fire department, to consist of a chief, who shall be appointed by the City Manager. The fire chief shall be the head of the fire department and as such shall appoint subordinates from eligible lists to be furnished by the human resources department. The chief of the fire department shall have control of all fire personnel, subject to such rules and regulations as are prescribed by the City Manager and shall perform such other duties as are required by this act [charter], by the laws of the City or by the City Manager. Section 4.02. Personnel System. (a) Merit principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence. (b) Personnel Rules. The City Manager shall cause the City's designated human resources staff to prepare personnel rules in accordance with existing federal and/or state laws. The rules shall be prepared in accordance with the City's needs and shall comport with sound, overall management and labor functions. Personnel rules shall be reviewed and approved by the City Commission. Personnel rules shall be published in an employee policies and procedures manual that shall be available to all employees and the general public. Section 4.03. City Attorney; City Attorney to be Appointed; Duties. The City Commission shall appoint a City Attorney who shall act as legal advisor to the municipality and its officers in matters relating to their official duties. Upon request, the City Attorney shall furnish the City Commission, the City Manager, or through the City Manager the head of any department, his or her opinion on any question of law relating to their respective duties. The City Attorney shall perform such other duties as the City Commission may require. Ordinance No. 2008-4113 Page 11 of 29 Section 4.04. City Attorney; Qualifications; Compensation. The City Attorney shall be a lawyer of experience and authorized to practice law in all the courts of the state. The City Attorney compensation shall be fixed by the City Commission. Section 4.05. Special Legal Counsel; Consultants and Consulting Firms. The City Commission may appoint and contract such special legal counsel, consultants and consulting firms as it deems necessary. Special counsel and contracted consultants shall operate pursuant to contract and shall report to the City Commission. ARTICLE V. FINANCIAL PROCEDURES Section 5.01. Fiscal Year. The fiscal year of the City shall begin on the first day of October and end on the last day of September. State law references: Fiscal year mandated, F.S. ~ 166.241. Section 5.02. Submission of Budget and Budget Message. On or before the 1 st day of July of each year, the City Manager shall submit to the commission a budget for the ensuing fiscal year and an accompanying message. Section 5.03. Budget Message. The City Manager's message shall explain the budget both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the City for the ensuing fiscal year; describe the important features of the budget; indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes; summarize the City's debt positions, and include such other material as the City Manager deems desirable. Section 5.04. Budget. The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law, or this charter, shall be in such form as the City Commission may deem desirable. In organizing the budget, the City Manager shall utilize the most feasible combination of expenditure classification by fund, organization unit program, purpose or activity, and object. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicate the proposed property tax levy, and detail all proposed expenditures, including capital outlays, and debt service for the ensuing fiscal year. The budget shall indicate in separate sections: Ordinance No. 2008-4113 Page 12 of 29 (1 ) Proposed operating expenditures during the ensuing fiscal year, detailed by offices, departments and agencies in terms of their respective work programs, and the method of financing such expenditures; (2) Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments and agencies when practicable, and the proposed method of financing each such capital expenditure; and (3) Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the City and the proposed method of its disposition; subsidiary budgets for each such utility, giving detailed income and expenditure information, shall be attached as appendices to the budget. The total of proposed expenditures shall not exceed the total of estimated income and prior year surpluses, if any. The budget shall be adopted as provided by General Acts, Laws of Florida. State law references: Adoption of budget, F.S. ~ 200.065. Section 5.05. Capital Program. (a) Submission to Commission. The City Manager shall prepare and submit to the commission a five-year capital program on or before July 1 of each year. (b) Contents. The capital program shall include: (1 ) A clear general summary of its contents; (2) A list of all capital improvements which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements; (3) Cost estimates, method of financing and recommended time schedules for each such improvement; and, (4) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. (c) Notice and Hearing. The commission shall publish in one or more newspapers of general circulation in the City, a notice stating: (1 ) The times and places where copies of the capital program are available for inspection by the public; and Ordinance No. 2008-4113 Page 13 of 29 (2) The time and place, not less than two weeks after such publication, for a public hearing on the capital program. (d) Adoption. The commission shall adopt the capital program with or without amendment after the public hearing. Section 5.06. Amendments After Adoption (a) Supplemental Appropriations. If, during the fiscal year, the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the commission may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the commission may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with provisions of section 2.11 and 9.02. To the extent that there are no available unappropriated revenues to meet such appropriations, the commission may, by such emergency ordinance, authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction of Appropriations. If, at any time during the fiscal year, it appears probable to the City Manager that the revenues available will be insufficient to meet the amount appropriated, he or she shall report to the commission without delay, indicating the estimated amount of the deficit, any remedial action taken and recommendations as to any other steps to be taken. The commission shall then take such further action as it deems necessary to prevent or minimize any deficit for that purpose: it may, by ordinance, reduce one or more appropriations. (d) Transfer of Appropriations. At any time the City Manager may request that the commission approve transfer of budgeted funds within, and/or between departments, offices, or agencies. Each request will be supported by written justification for the transfer. (e) Umitations; effective date. No appropriations for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction of the appropriations authorized by this section may be made effective immediately upon adoption. Any excess monies remaining in a debt service fund after all amounts required by law have been appropriated may be returned to the general fund for the regular operating budget of the City. Ordinance No. 2008-4113 Page 14 of 29 Section 5.07. Lapse of Appropriations. Every appropriation, except an appropriation for a specified major capital expenditure shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a specified major capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three years pass without any disbursement from or encumbrance of the appropriation and may be transferred to the general fund. Section 5.08. Administration of Budget. (a) Work Programs and Allotments. At such time as the City Manager shall specify, each department, office or agency shall submit work programs for the ensuing fiscal year showing the requested allotments of its appropriation by periods within the year. The City Manager shall review and authorize such allotments with or without revision as early as possible in the fiscal year. The City Manager may revise such allotments during the year if he or she deems it desirable and shall revise them in accord with any supplemental emergency, reduced or transferred appropriations made pursuant to section 5.06. (b) Payments and Obligations Prohibited. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with the appropriations duly made and unless the City Manager or his or her designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds there from are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this charter shall be void and any payment so made illegal; such action shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such obligation, and he or she shall be liable to the City for any amount so paid. However, except where prohibited by law, nothing in this charter shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, provided that such action is made or approved by ordinance. ARTICLE VI. ELECTIONS. .State law references: Florida Election Code, F.S. chs. 97-106. Section 6.01. Election of Mayor and Commissioners; Dates of Regular and Runoff Elections. Ordinance No. 2008-4113 Page 15 of 29 The regular municipal election of the City shall be held simultaneously with the general state elections of each election year. City Commission seats are hereby designated as Mayor and seats 1, 2, 3, and 4. Candidates for the offices of Mayor and Commissioner shall file to qualify for that specified Mayoral or commission seat as provided by law. Section 6.02. Same-Qualifications of Candidates; Form of Oath. (a) Any person who is a qualified elector in the City of Sanford, not a convicted felon whose civil rights have not been restored and who is otherwise qualified, may become a candidate for the office of Mayor or City Commissioner upon filing with the City Clerk a written notice of his or her intention to become a candidate in accordance with Article II and this section, requesting that his or her name be printed upon the ballot and depositing with such written notice a sum equal to five percent (5%) of the then effective annual salary of the office the candidate seeks plus the costs of any applicable state mandated election fees as a qualifying fee for the office sought. All 5% qualification fees shall be placed in the general fund of the City of Sanford and allocated toward the cost of city elections. State election fees shall be transferred to the State of Florida as provided by general state law. The period within which a candidate may qualify as above stated shall begin ninety-two (92) days prior to the election and shall terminate at 12:00 noon on the last regular working day for the City Clerk's office eighty-eight (88) days in advance of the election date. Qualification can be effected only during normal working hours for the City Clerk's office. (b) Any person who is a qualified elector in the City of Sanford, and otherwise qualified, may alternatively become a candidate for the office of Mayor or City Commissioner upon filing with the City Clerk a written notice of his or her intention to become a candidate in accordance with Article II and this section, requesting that his or her name be printed upon the ballot and presenting a written petition with the names of 250 signers who are eligible electors residing in the commission district seat the candidate seeks. Candidates for Mayor qualifying by petition shall present a written petition with the names of 500 signers who are eligible voters residing within the City. The form of the petition shall comply with Florida law. Petitions for placing a candidate's name on the ballot may be submitted to the City Clerk for verification in whole or in part. Candidates qualifying by petition may begin collecting and turning in names on petitions one hundred and twenty (120) days in advance of the opening of the qualifying period. All petitions for placing a candidate's name on the ballot must be received by the City Clerk's office prior to the end of the qualifying period. The City Clerk shall present the names on written qualification petitions to the supervisor of elections office for certification as a valid elector and shall provide timely notification of the number of certified electors to the candidate until the requisite number of electors has been met or the qualification period has ended with the candidate being unable to meet the required numbers of certified electors during their qualification petition attempt. Ordinance No. 2008-4113 Page 16 of 29 The costs, as required by state statute, of elector certifications shall be paid to the City Clerk by the individual candidate(s) requesting the certification as a part of the qualifying procedures. (c) The City Clerk shall verify the residency of candidates for Mayor and the City Commission district seats. Candidates shall reside in the district for which he/she seek to qualify and shall sign an affidavit of residency and shall provide suitable documents establishing their residency as a part of the qualification process. Documents that shall suffice to serve as authoritative proof of residency include but are not limited to driver's licenses, homestead exemption documents, passports, voter identification cards, other governmental identification cards and utilities bills. Elected commissioners for the commission shall physically reside in the district they are elected to represent or reside in the district they seek to represent. (d) It is understood that emergency exigent circumstances may arise from time to time. Should an exigent circumstance cause their physical place of abode to be uninhabitable or destroyed and they are forced to take up temporary abode elsewhere within the City, then and in that event: (1 ) The Commissioner/candidate shall make reasonable efforts to relocate within their elective district. (2) Failing such effort, the Commissioner/candidate must seek the approval of the City Commission to temporarily reside outside their elected district. (3) Commission authority for a Commissioner/candidate to reside out of district shall be granted for such reasonable period as a valid exigent temporary relocation requirement exists as determined by the Commission. (4) Requests for extension shall be heard and acted upon by the Commission giving attendance to all exigent circumstances. (e) Any person who is a resident of the City and has qualified as an elector therein may become a candidate for the office of Mayor or Commissioner by qualifying as described above and taking and subscribing to an oath or affirmation in substantially the form as required by the general laws of Florida. Section 6.03. Names to be Placed on Ballot for Regular Election. The names of all candidates for the office of Mayor shall be placed on the election ballot first and in alphabetical order. Ordinance No. 2008-4113 Page 17 of 29 The names of all candidates for commission seats shall be placed upon the regular election ballot in alphabetical order for commission seat to be voted upon. Commission seats shall be listed on the ballot in their numerical order. Runoff election ballots shall be in the same form as prescribed herein for the regular municipal election ballot. Section 6.04. Commission to Declare Person Elected. All candidates elected as Mayor or to the City Commission by regular election shall take office on the first regularly scheduled Monday commission meeting in January immediately following the regular election. All candidates elected by special election shall take office after certification of the election results by the Commission. Section 6.05. Absentee Voting. Absentee voting shall be permitted in city elections in the same manner as may be provided in state elections. State law references: Absentee voting, F.S. 99 101.6105-- 101.694. Section 6.06. Qualification of Electors; Prescribing Method and Manner of Election. No person shall be allowed to vote at any election for the purpose of electing the Mayor or City Commissioners who is not a qualified voter under this charter and the state law. The City Commission shall, by ordinance, prescribe the method and manner of holding all elections which are not provided for by the terms of this charter. All elections shall be conducted substantially on the principals adopted for state elections insofar as there is no conflict with the terms of this charter; provided, that the City Commission may, by ordinance, prescribe the method, manner and conduct of all city elections not in conflict with this charter. State law references: Qualification of electors, F.S. 997.041. Section 6.07. City Commission Districts and Redistricting. (a) Notwithstanding any other provision of this charter the Mayor shall represent the City as a whole and be elected by electors throughout the City. Each City Commissioner shall represent one City Commission district, shall actually physically reside in the district for which they seek office from the date of their qualification for office until the expiration of their term of office and shall be elected solely by the voters of that district. (b) There shall be four (4) City Commission districts that shall be established, defined and geographically described areas of the City as defined by Ordinance No. 4032 and subsequent successor ordinances relating to commission redistricting as required by this charter, general law and constitutional principles. Each district shall be formed from compact contiguous territory with the boundary lines following the centers Ordinance No. 2008-4113 Page 18 of 29 of streets to the extent possible. Due consideration shall be given to maintaining the geographical integrity of neighborhoods and developments within the individual districts. The commission district lines shall be constructed so as to comply with the constitutional principles of equal and effective representation required by applicable state and federal guidelines. The City Commission shall give due consideration to the multiple constitutional principles involved in the electoral process and shall give due regard for the opportunity of minority representation on the commission as a part of the redistricting process in compliance with applicable state and federal constitutional standards. (c) An incumbent Commissioner's seat number may change due to the realignment process occurring during redistricting, however, no incumbent Commissioner shall have their term of office cut short by the adoption of a redistricting plan. (C) The City Commission may modify City Commission districts by the enactment of a successor ordinance under whatever processes, procedures and redistricting committees and/or consultants the City Commission may deem to be desirable. The City Commission shall begin the initiation of a redistricting process for City Commission districts within thirty (30) days after the receipt of the official Decennial Census data every 10 years so as to finalize the redistricting process one hundred fifty (150) days in advance of the first date to qualify for the next regular city election. In the event the redistricting process is not completed prior to said one hundred fifty (150) day advance period, the Commission shall accomplish the redistricting process as soon as is reasonably possible thereafter. The official Decennial Census data shall be the authoritative source for demographical data used in reconstituting City Commission districts in compliance with applicable state and federal standards. ARTICLE VII. INITIATIVE AND REFERENDUM; RECALL PROVISIONS Section 7.01. General Authority (a) Initiative. The qualified voters of the City shall have power to propose ordinances to the commission and, if the commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided, that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees. (b) Referendum. The qualified voters of the City shall have power to require reconsideration by the commission of any adopted ordinance and, if the commission fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. Ordinance No. 2008-4113 Page 19 of 29 Section 7.02. Commencement of Proceedings; Petitioners' Committee; Affidavit. Any five qualified voters may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk shall issue the appropriate petition blanks to the petitioners' committee. Section 7.03. Petitions. (a) Number of Signatures. Initiative and referendum petitions must be signed by qualified voters of the City equal in number to at least fifteen percent (15%) of the total number of qualified voters registered to vote at the last regular city election, and shall contain a certificate from the supervisor of elections as to the number of valid signatures of qualified voters. (b) Form and Content. All papers of a petition shall be uniform in size and style and shall be executed in ink or indelible pencil and shall be followed by the address and voter registration number of the person signing. Petitions shall contain, or have attached thereto, throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of Circulator. Each paper of a petition shall have attached to it, when filed, an affidavit executed by the circulator thereof stating that he or she personally circulated the paper; the number of signatures thereon; that all the signatures were affixed in his or her presence; that he or she believes them to be the genuine signatures of the persons whose names they purport to be; and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for Filing Referendum Petitions. Referendum petitions must be filed within 30 days after adoption by the commission of ordinance sought to be reconsidered. Section 7.04. Procedure After Filing. (a) Certificate of Clerk; Amendment. Within 20 days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by certified mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the clerk within two Ordinance No. 2008-4113 Page 20 of 29 days after receiving the copy of the clerk's certificate and files a supplementary petition upon additional papers within ten days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of section 7.03, and within five days after it is filed the clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by certified mail as in the case of an original petition. If a petition, or amended petition is certified sufficient, or if a petition, or amended petition is certified insufficient and petitioners' committee does not elect to amend or request the commission to review under subsection (b) of this section within the time required, the clerk shall promptly present the certificate to the commission and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Commission Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it, or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the commission. The commission shall review the certificate at the next meeting following the filing of such request and approve or disapprove it, and the commission's determination shall then be a final determination as to the sufficiency of the petition. (c) Court Review; New Petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. Section 7.05. Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1 ) there is a final determination of insufficiency of the petition; or (2) the petitioners' committee withdraws the petition; or (3) the commission repeals the ordinance; or (4) thirty days have elapsed after a vote of the City on the ordinance. Section 7.06. Action on Petition. (a) Action by Commission. When an initiative or referendum petition has been finally determined sufficient, the commission shall promptly consider the proposed initiative ordinance in the manner provided in article II, or reconsider the referred ordinance by voting its repeal. If the Commission fails to adopt a proposed initiative ordinance without any change in substance within sixty days, or fails to repeal the Ordinance No. 2008-4113 Page 21 of 29 referred ordinance within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City. (b) Submission to Voters. The vote of the City on a proposed, or referred ordinance, shall be held not less than thirty days, and not later than the next regular election. Copies of the proposed, or referred ordinance, shall be made available at the polls. (c) Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth (15th) day preceding the day scheduled for a vote of the City by filing with the City Clerk a request for withdrawal signed by at least four members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated. Section 7.07. Results of Election. (a) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the commission. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. Section 7.08. Recall Provisions. The Mayor and members of the City Commission may be recalled and removed from office in accordance with applicable state statute. ARTICLE VIII. GENERAL PROVISIONS Section 8.01. Charter Amendment. (a) Proposal of Amendment. Amendments to this charter may be framed and proposed: (1 ) in the manner provided by law; or (2) by ordinance of the commission containing the full text of the proposed amendment and effective upon adoption; or (3) by the voters of the City; or Ordinance No. 2008-4113 Page 22 of 29 (4) by report of a charter commission created by ordinance. Proposal of an amendment by the voters of the City shall be by petition containing the full text of the proposed amendment and shall be governed by the same procedures and requirements prescribed in article VII for initiative petitions until such time as a final determination as to the sufficiency of the petition is made, except that there shall be no limitation as to subject matter and that the petition must be signed by qualified voters of the City equal in number to at least twenty per cent (20%) of the total number of qualified electors registered to vote at the last regular city election. The petitioners' committee may withdraw the petition at any time before the fifteenth (15th) day immediately preceding the day scheduled for the City vote on the amendment. (b) Election. Upon delivery to the city election authorities of the report of a charter commission, or delivery by the City Clerk of an adopted ordinance or a petition finally determined sufficient, proposing an amendment pursuant to subsection (a), the election authorities shall submit the proposed amendment to the voters of the City at an election. Such election shall be announced by a notice containing the complete text of the proposed amendment and published in one or more newspapers of general circulation in the City at least 30 days prior to the date of the election. The election shall be held not less than 60 and not more than 120 days after the adoption of the ordinance or report or the final determination of sufficiency of the petition proposing the amendment. If no regular election is to be held within that period, the commission shall provide for a special election on the proposed amendment; otherwise, the holding of a special election shall be within the discretion of the commission. (c) Adoption of Amendment. If a majority of the qualified voters of the City voting upon a proposed charter amendment vote in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after its adoption by the voters. Section 8.02. Charter Review. Notwithstanding any other provisions for charter amendment listed in 8.01, the City Commission shall cause a comprehensive review of the charter to occur by selecting a charter review committee every seven (7) years from the date of the adoption of this charter. The commission shall select the members of the charter committee and by resolution shall set forth the scope, operations and time frame for the committee to return their charter recommendations to the commission. Section 8.03. Code of Ethics. All elected officials, department heads and other employees of the City of Sanford shall adhere to a Code of Ethics to be established by Ordinance. Ordinance No. 2008-4113 Page 23 of 29 Section 8.04. Severability. If any provision of this charter or portion of a provision is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter, or any of its provisions, to any person or circumstance is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected thereby. ARTICLE IX. EMERGENCY PROVISIONS Section 9.01. Succession of Office in Times of Disaster. (a) It is recognized that man-made or natural disasters may kill or incapacitate one or more public officials. In such an event, the following order of succession shall be implemented to provide a continuity of legal authority and responsibility to prevent a vacancy in the City's elective and appointive leadership. (b) The order of succession in an emergency shall be: Mayor, Vice-Mayor, City Commissioners in order of their total longevity in office, the City Manager, Deputy City Manager, Fire Chief, Police Chief, City Clerk, Public Works Director, Finance Director and then the secondary management of the above departments in successive order. (c) The primary duty of an officer holding authority under an emergency succession shall be to reestablish public order and provide for a legal succession of elected and appointed officials as rapidly as is possible under municipal and state laws. Section 9.02 Emergency Ordinances and Finances (a) The commission may adopt one or more emergency ordinances and resolutions to meet exigent public emergency needs at an open public meeting where public input on the emergency action(s) may be received. Emergency ordinances and resolutions shall require a simple majority for initial passage and a super majority for passage of ordinances or resolutions extending or legislating the same emergency condition. (b) The reason(s) for an emergency ordinance or resolution must be clearly delineated in the preamble of the proposed document. Such emergency documents shall contain an enabling clause, a declaration that an emergency state exists, clear language as to how the document will serve the emergency needs and an expiration date for the ordinance or resolution. (c) Emergency ordinances and resolutions shall not exceed sixty (60) days in duration and shall become effective immediately upon adoption or as legislated in the ordinance. Emergency ordinances or resolutions shall automatically expire on the sixty- first (61) day after their adoption, upon repeal, or at such earlier times as may be set Ordinance No. 2008-4113 Page 24 of 29 within the ordinance or resolution. The commission shall cause an adopted emergency ordinance or resolution to be publicized in as rapid a fashion as is possible under the circumstances. (d) Emergency ordinances or resolutions may not be used to levy taxes; grant, renew or extend a franchise, authorize service or user fees for municipal services, enact a land use plan, or alter zoning classifications. ARTICLE X . TRANSITIONAL PROVISIONS Section 10.01. Officers and Employees. (a) Rights and Privileges Preserved. Nothing in this charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption. (b) Continuance of Office or Employment. Except as specifically provided by this charter, if, at the time this charter takes full effect, a city administrative officer or employee holds an office or position, which is, or can be abolished by, or under this charter, he or she shall continue in such office or position until the taking effect of some specific provision under this charter directing that he or she vacate the office or position. (c) Personnel System. An employee holding a city position at the time this charter takes full effect, who was serving in that same, or comparable position, at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position, but in all other respects shall be subject to the City's personnel system. Section 10.02. Departments, Offices and Agencies. (a) Transfer of Powers. If a city department, office or agency is abolished by this charter, the powers and duties given it by law shall be transferred to the City department, office or agency designated in this charter, or, if the charter makes no provision, as designated by the City Commission. (b) Property and Records. All property, records and equipment of any department, office or agency existing when this charter is adopted shall be transferred to the department, office or agency assuming its powers and duties, but, in the event that the powers or duties are to be discontinued, or divided between units, or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or agencies designated by the commission in accordance with this charter. Ordinance No. 2008-4113 Page 25 of 29 Section 10.03. Pending Matters. All rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue, except as modified, pursuant to the provisions of this charter, and in each case shall be maintained, carried on, or dealt with by the city department, office or agency appropriate under this charter. Section 10.04. State and Municipal Laws. In general, all City ordinances, resolutions, orders and regulations which are in force when this charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this charter, or of ordinances, or resolutions adopted pursuant thereto. To the extent that the Constitution and laws of the State of Florida permit, all laws relating to, or affecting this City, or its agencies, officers or employees which are in force when this charter becomes fully effective are superseded to the extent that they are inconsistent, or interfere with the effective operation of this charter or of ordinances, or resolutions adopted pursuant thereto. Section 10.05. Transitional Schedule. The City Commissioners seated on the effective date of this new charter shall remain seated until their respective successors are elected and take office as mandated by the new charter. The terms of the Mayor and of the two Commissioners which expire April 7, 2009 are hereby extended to January 10, 2011. The terms of the two Commissioners which expire April 5, 2011 are hereby extended to January 14, 2013. Section 10.06. Transitional ordinances. The City Commission shall have the power through ordinance to clarify any ambiguities, supply any interpretations, or make adjustments necessary to effect timely uninterrupted transitions in accordance with the legislative mandates of this Charter to the maximum extent possible. Section 10.07. Effective Date. This charter shall be in full force and effect on November 1, 2008, upon ratification by a majority vote of the qualified electors voting thereon on August 26, 2008. SECTION 2: REFERENDUM ELECTION. A referendum election is hereby called to be held on the same date as the special City election on August 26, 2008 to present to the electors of the City of Sanford the ballot questions provided in Section 3 of this Ordinance or as otherwise worded in an enabling resolution of the City Ordinance No. 2008-4113 Page 26 of 29 Commission as may be needed to conform to the requirements of the Florida Election Code or to better state the proposals submitted to the electors of the City of Sanford. The Supervisor of Elections of Seminole County is hereby requested to coordinate all matters relating to the said referendum election with the City Clerk. SECTION 3: FORM OF BALLOT INCLUDING CHARTER QUESTIONS. The form of ballot shall be in a clear, concise statement without argument or prejudice. The ballot questions to be used in the referendum election shall be as follows: Charter Question One. Revise and amend Charter and set City Election date on State General Election date and implement transition. Should Section 6.01, 6.04 and 10.05 of the proposed Charter of the City of Sanford, Florida, changing the date of the City's municipal elections to coincide with the State of Florida's General Election, be changed as recommended by the Charter Review Committee and as set forth in Ordinance No. 4113? Yes No Charter Question Two. Revise and amend Charter. Should all other Sections of the proposed Charter of the City of Sanford, excluding Section 6.01, 6.04 and 10.05, be changed as recommended by the Charter Review Committee and as set forth in Ordinance No. 4113? Yes No SECTION 4: DUTIES OF THE CITY CLERK. The City Clerk is hereby directed to ensure that the advertising and notice requirements of Section 100.342, Florida Statutes, are complied with and to coordinate all activities necessary to conduct the referendum election called in Section 2 of this Ordinance with the Supervisor of Elections for Seminole County. Ordinance No. 2008-4113 Page 27 of 29 . SECTION 5: INCLUSION IN THE CHARTER OF THE CITY OF SANFORD. If the proposed revised and amended Charter of the City of Sanford is approved by the electorate in the referendum election called for in this Ordinance, it is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Sanford; that the sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or such other appropriate word as the case may demand. The City's Code codifier is granted liberal authority to codify the Charter of the City of Sanford in terms of making appropriate technical or editorial changes and notes that do not affect the substantive provisions thereof. SECTION 6: SEVERABILITY. If any section or portion of a section of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect or any other section or part of this Ordinance. SECTION 7: EFFECTIVE DATE OF ORDINANCE. The provisions of this Ordinance shall take effect immediately upon enactment. The proposed revised and amended Charter of the City of Sanford set forth in Section 1 of this Ordinance, shall become effective only upon approval at the August 26, 2008 referendum election of the electors of the City of Sanford in accordance with the provisions of Section 166.031, Florida Statutes, and, if approved, by the electorate of the City of Sanford, be in full force and effect on November 1, 2008. PASSED and ADOPTED this 23rd day of June, 2008. Ordinance No. 2008-4113 Page 28 of 29 A TTEST: CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA ~(jfr<.Jb~ /~ .,~ Janet R. Dougherty, ity Cle Linda K n, Mayor CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 2008-4113, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida on the 23rd day of June, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 25th day of June, 2008. ~' . '( . It~A /v2 net R Dougherty, ci;;1lerk~ Ordinance No. 2008-4113 Page 29 of 29