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ORDINANCE NO. 2009-4167
An ordinance of the City of Sanford, Florida amending the City Code
of the City of Sanford and pertaining to the process for the
consideration and enactment of proposed ordinances; providing for
legislative/administrative intent and findings; providing for
procedures for consideration of proposed ordinances and enhancing
the public hearing process while retaining statutory notice
requirements; providing for implementing administrative actions;
providing for conflicts; providing for a savings provision; providing
for severability; providing for codification in the City Code and
providing for an effective date.
Whereas, the City Commission of the City of Sanford desires to ensure that City
government is effective and efficient in all respects and that the public has a significant
part in the actions of the City; and
Whereas, the City Commission desires to ensure that opportunities for public
participation are maximized in the legislative processes of the City; and
Whereas, Section 2.11 of the City Charter of the City of Sanford relates to
Ordinances and resolutions and provides as follows:
"(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 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
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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."
; and
Whereas, Section 1-10 of the Code of Ordinances of the City of Sanford relates
to the review, revision and maintenance of the City Code and provides as follows:
"The City Commission hereby directs the City Clerk and the City Attorney,
under the overall supervision of the City Manager, to undertake a recurring
and consistent City Code review and analysis to minimize consultant costs
and maximize the usability, currency and accuracy of the City Code on an
ongoing basis. Further, the City Clerk, in conjunction with the City
Manager and the City Attorney, is hereby delegated the authority to make
purely editorial and formatting revisions to the City Code such as
assignments of City Code provisions to appropriate parts, articles,
sections, etc.; gender changes and neutralization; changes in format; the
deletion of conflicting provisions pursuant to the provisions of ordinance
enactments by the City Commission; deletion of provisions preempted by
actions of the Florida Legislature or other controlling legal authority; and
such other actions as may be necessary and desirable consistent with the
overriding legislative authority of the City Commission with regard to the
provisions of the City Code. Further, the City Clerk, in conjunction with the
City Manager and the City Attorney, is hereby assigned the duty and
responsibility to present City Code reviser(s) ordinances to the City
Commission on a recurring basis to ensure that the City Code is
maintained in an orderly and contemporaneous form, to implement an
ongoing codification process, and to make such reports to the City
Commission as may be necessary and desirable. Further, it is the intent of
the City Commission that the City staff shall ensure that all provisions of
the City Code are modified, as needed from time-to-time, to ensure sound
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and functional operational effectiveness of the City Code and the
maximum possible usability by citizens of the City and other users of the
City Code. Further, the City Clerk, in conjunction with the City Manager
and the City Attorney, is hereby authorized to delete from and insert into
the City Code such editor(s) notes and comments as may be necessary
and desirable. Further, the City Clerk, in conjunction with the City Manager
and the City Attorney, is hereby authorized to develop the City Code into
such volumes as may be necessary and desirable such as a general code
of ordinance, a land development code and a document including the
City's Comprehensive Plan. Further, the City Clerk, in conjunction with the
City Manager and the City Attorney, is hereby authorized and directed to
take all appropriate action to enhance the availability of the City Code
electronically such as providing for availability on the City's web page."
; and
Whereas, accordingly, the City of Sanford has a comprehensive program of
maintaining its codes and ordinances in a manner the ensures that the public has the
opportunity to fully participate in the legislative processes of the City; and
Whereas, the provisions of State law provide for various requirements relative to
the enactment of ordinances by the City and the legislative processes of the City with
Section 166.041, Florida Statutes, providing for the general requirements pertaining to
the enactment of ordinances by cities stating in pertinent part (Subsection 3(a)) as
follows:
" a proposed ordinance may be read by title, or in full, on at least 2
separate days and shall, at least 10 days prior to adoption, be noticed
once in a newspaper of general circulation in the municipality. The notice
of proposed enactment shall state the date, time, and place of the
meeting; the title or titles of proposed ordinances; and the place or places
within the municipality where such proposed ordinances may be inspected
by the public. The notice shall also advise that interested parties may
appear at the meeting and be heard with respect to the proposed
ordinance."
; and
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Whereas, Article VIII Section 2(b) of the Constitution of the State of Florida
states that municipalities shall have the governmental powers to enable them to conduct
municipal government, perform municipal functions and render municipal services and
may exercise any power for municipal purposes except when expressly prohibited by
law.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative/administrative intent and findings.
The above recitals are hereby adopted by the City Commission of the City of
Sanford as the intent and findings relating to this Ordinance and are hereby adopted as
legislative and administrative findings.
Section 2. Procedures for enactment of ordinances - public hearings.
(a). The City Commission of the City of Sanford shall consider the enactment
of proposed ordinances in accordance with the procedures required by general State
law; provided, however, that the City shall also provide for additional enhanced public
input in the course of the public hearing process as set forth in Subsection 2(b) of this
Ordinance with regard to proposed ordinances that are subject to the statutory
requirements referenced in that Subsection.
(b). In addition to the requirements of State law relating to those proposed
ordinances which are required to be read by title, or in full, on at least two (2) separate
days and, at least ten (10) days prior to adoption, to be noticed once in a newspaper of
general circulation in the municipality; the City shall provide in all notices to the public
relating to such proposed ordinances that first reading of such proposed ordinances
shall also be public hearings on the proposed ordinances at which interested parties
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may appear and be heard with respect to the proposed ordinance. The notice of such
additional public hearing occurring at first reading of proposed ordinances shall be
published together with, and within the publication time requirements required by State
law, which apply to the second reading of proposed ordinances.
Section 3. Implementing Administrative Actions.
The City Clerk, or designee, is hereby authorized and directed to implement the
provisions of this Ordinance and to take any and all necessary administrative actions.
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 5. Savings.
The prior actions of the City of Sanford in terms of the enactment of ordinances
and the adoption of resolutions and taking legislative actions are hereby ratified and
affirmed.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is
determined to be invalid, unlawful or unconstitutional, said determination shall not
be held to invalidate or impair the validity, force or effect of any other section,
sentence, phrase, word or portion of this Ordinance not otherwise determined to
be invalid, unlawful or unconstitutional.
Section 7. Codification.
This Ordinance shall be codified in the City Code of the City of Sanford;
provided, however, that Sections 3, 4, 5, 6, 7 and 8 shall not be codified. The
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Code Codifier is granted broad and liberal authority to change section numbers in
the current City Code and other appropriate actions as set forth in Section 1-10
of the City Code.
Section 8. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 23rd day of March, 2009.
City Commission of the City of
Sanford, Florida, Seminole
County, Florida
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Attest:
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Approved as to form and
legality:
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~ L. Colbert, Esquire
City Attorney