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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.
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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
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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.
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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
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(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.
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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
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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
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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;
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(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,
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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.
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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:
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(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
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(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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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(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.
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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
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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.
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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
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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.
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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.
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net R Dougherty, ci;;1lerk~
Ordinance No. 2008-4113
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