HomeMy WebLinkAbout3301 ORDINANCE NO. 3301
AN ORDINANCE OF THE CITY OF SAN FORD,
I 1
FLORIDA; AMENDING ARTICLE II, SECT ON 2.0 (c)
AND ARTICLE VIII, SECTION 8.01 OF THE CHARTER
OF THE CITY OF SAN FORD, SUBJECT TO APPROVAL
OF THE ELECTORS OF THE CITY, TO CHANGE THE
ELECTION DATE FOR CITY COMlvlISSION MEMBERS
FROM THE FIRST TUESDAY AFTER THE FIRST
MONDAY IN DECEMBER OF EACH ELECTION YEAR
TO THE FIRST TUESDAY AFTER THE FIRST MONDAY
IN MARCH OF EACH ELECTION YEAR, EFFECTIVE
APRIL 1, 1997; AMENDING ARTICLE II, SECTION
2.01(C) OF THE CHARTER OF THE CITY OF
SAN FORD, SUBJECT TO APPROVAL OF THE ELECTORS
OF THE CITY; TO CHANGE THE QUALIFYING PERIOD
FOR CITY COlvfivllSSION CANDIDATES FROM 56 DAYS
TO 12 DAYS, EFFECTIVE APRIL I, 1997; AMENDING
ARTICLE V, SECTION 5.01 (c) AND (d) AND ARTICLE
IV, SECTION 4.04(1 ) OF THE CHARTER OF THE CITY
OF SAN FORD, SUBJECT TO APPROVAL OF THE
ELECTORS OF THE CITY OF SAN FORD, TO CHANGE
THE PARTY AUTHORIZED TO HIRE AND SUPERVISE
THE FIRE AND POLICE CHIEFS FROM THE CITY
COivfivflSSION TO THE CITY MANAGER, EFFECTIVE
IMMEDIATELY UPON APPROVAL OF ELECTORS OF
THE CITY OF SAN FORD; PROVIDING FOR
REFERENDUM ELECTION BY CITY ELECTORS ON
NOVEMBER 5, 1996; PROVIDING BALLOT
QUESTIONS; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND EFFECTIVE DATES.
WHEREAS, the City Commission of the City of Sanford, Florida, may submit to the
electors of the City proposed amendments to the Charter pursuant to Chapter 166, Florida
Statutes; and
WHEREAS, the CiLy Commission finds it in the best interest of the city to review and
revise the Charter of the City; and
WHEREAS, the City Commission finds it in the best interest of the City to amend
A~cle V, Section 5.01 (c) and (d) and Article IV, Section 4.04(1 ) of the Charter to change
the party authorized to hire and supervise the Fire and Police Chiefs from the City
Commission to the City Manager; and
WHEREAS, the City Commission finds it in the best interest of the City to amend
portions of Article II, Section 2.01 (c) and Article VIII, Section 8.01 of the Charter to
change the election date for City Commission members from the first Tuesday after the first
Monday in December of each election year to the first Tuesday after the first Monday in
March of each election year; and
WHEREAS, the City Commission finds it in the best interest of the City to amend a
portion of Article II, Section 2.01 (c) of the Charter to change the qualifying period for
candidates for me City Commission from 56 days to 12 days, effective April 1, 1997; and
WHEREAS, the City Commission desires to submit the proposed Charter amendments
to the electors of the City for a referendum at the election to be held on November 5,
1996.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SAN FORD, FLORIDA:
Section 1: That the relevant portion of Article II, Section 2.01 (c) of the Charter
of the City of Sanford, Florida, is hereby amended, subject to approval of the electors of the
City of Sanford, to read as follows:
(c) Elections. Questions may be voted upon at Dccc..":bcr
~;; elections: how candidates clualify. An election shall be
held on the first Tuesday after the first Monday in t;~-embeF
~ of each year for the election of a mayor and city
commissioner, city commissioner, or city commissioners, as the
case may be. The candidate shall announce whether he is a
candidate for the office of mayor or commissioner. Where more
than one ( 1 ) commissioner is to be elected, the candidates for
commissioner shall be grouped by seat number as to each
vacancy to be filled and each candidate shall announce the seat
of which he is a candidate. The candidate for mayor receiving
a majority of the votes cast for mayor shall be elected. In case
no candidate for mayor receives a majority of the votes cast for
mayor in such election, a second election shall be held two (2)
weeks following such election, at which election only the two
(2) candidates for mayor receiving the highest vote in the first
election shall be candidates, and the candidate for mayor
receiving a majority of the votes cast for mayor shall be elected.
In case no candidate for commissioner in a group receives a
majority of the votes cast in that group in such election, a
second election shall be held two (2) weeks following such
election, at which election only the two (2) candidates receiving
the highest vote in the group in such group in the first election
shall be candidates, and the candidate receiving a majority of the
votes cast in such group shall be elected. Write-in votes shall be
allowed and counted only in the first election on the first
Tuesday after the first Monday in D~cmbc: ~. The names
of unopposed candidates shall not appear on the general election
ballot in accordance with the General Laws, State of Florida.
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 election held on the first
Tuesday after the first Monday in Dec-embeF ~;~.
Section 2: That the relevant portion of Article II, Section 2.01 (c) of the Charter
of the City of Sanford, Florida, is hereby amended, subject to approval of the electors of the
City of Sanford, to read as follows:
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Ordinance No, 3301
Any person who is a qualified elector in the City of Sanford, and
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 VIII, requesting that his or her name be
printed upon the ballot and depositing with such written notice
a sum equal to five per cent (5%) of the then effective annual
salary of the office he seeks as qualifying fee, said sum to be
placed in the general fund of the City of Sanford and allocated
toward the cost of city elections. The period within which a
candidate may qualify as above stated shall begin 94;) ~
~i~ii days prior to the election and shall terminate at 12:00
noon on the last normal working day of the city clerk's office
thirty five (35) ~ii.:.~!' days in advance of the election
date, and such qualification can be effected only during normal
working hours for the city clerk's office.
Section 3: That Article VIII, Section 8.01 of the Charter of the City of Sanford is
hereby amended subject to the approval of the electors of the City of Sanford, to read as
follows:
The regular municipal election of the city shall be held on the
first Tuesday after the first Monday of December M~ of each
year.
City commission seats are hereby designated as seats 1, 2, 3 and
4. Candidates for the office of commissioner shall file to qualify
for that specified commission seat as provided in this article.
When, in any regular election, there are more than two
candidates for the office of mayor, or for a commission seat, and
when no candidate receives a majority of the total votes cast in
the regular municipal election for the office of mayor or for a
commission seat, a "runor municipal election shall be held on
the second Tuesday after the general election in D~ccmb:r
~ of that year only for the office of mayor or commission
seat for which no candidate received a majority of the total
votes cast in the regular municipal election.
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.
Section 4: That Article V, Section 5.01 (c) and (d) of the Charter of the City of
Sanford, is hereby amended, subject to the approval of the electors of the City of Sanford,
to read as follows:
(c) Chief of oolice to be appointed by city commission
~! There shall be a chief of police who shall be
appointed by the city commission ~ from e igible lists to
be furnished by the civil service board. The chief of police shall
Ordinance No. 3301
be the head of the police department, and as such shall appoint
his subordinates from eligible lists to be furnished by the civil
service board. He shall be the executive officer of the municipal
court and shall serve the processes and execute the iudinents
and sentences thereof. He shall attend the meetinSs of the city
commission and, throuSh the city clerk, make monthly reports
to the commission concerninS all matters pertaininS to his
department. He shall have power, for cause, to suspend any
officer or employee of the police force, and shall report the
same to the civil service board at its next regular or special
meetinS, 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 commission ~. He shall be responsible to the
commission ~!i~i~!i.i.f(~: the proper functioninS of his
department.
The chief of police shall have the power and authority to take
and approve bonds for the appearance for trial of offenders
at;ainst the laws and ordinances of the city, but in no case shall
such bond exceed the sum of two hundred dollars ($2OO.00).
The chief of police and other policemen or patrolmen shall
receive such compensation as may be fixed by the city
commission.
(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 commission ~.~
from eligible lists to be furnished by the civil service board, and
such subordinate officers or employees as shall be appointed by
the chief from eliSible lists to be furnished by the civil service
board. The chief of the fire department shall have control of
the stationinS and transfertinS of all firemen, subject to such
rules and reSulations as are prescribed by the city commission
~. The fire chief shall have the d~t, for cause, to
suspend any officer or employee of his department, and shall
report the same to the civil service board at its next regular
meetinS. He shall perform such other duties as are required by
this act [charter], by the laws of the city or by the city
commission ~.
The chief of the fire department and his subordinates shall
receive such compensation as may be fixed by the city
commission.
Section 5: That Article IV, Section ~.O~t(1 ) of the Charter of the City of Sanford,
is hereby amended, subject to the approval of the electors of the City of Sanford, to read as
follows:
The city manaSer shall be the chief administrative officer of the
city. He shall be responsible to the commission for the
administration of all city affairs placed in his cha~e by or under
this charter. He shall have the followinS powers and duties:
( 1 ) He shall, with the exception of thc fire and police chiefs,
appoint and, when he deems it necessary for the Sood of the
service, suspend or remove all city employees and appointive
administrative officers appointed by him as provided for by or
under this charter, except as otherwise provided by law, this
charter or personnel rules adopted pursuant to this charter. He
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O=c~z~z~ce ~To. 330:3,
may authorize any administrative officer who is subject to his
direction and supervision to exercise these powers with respect
to subordinates in that officer's department, office or agency;
Section 6: That the cluestion of the approval of these Charter amendments of the
City of Sanford, Florida, as provided in this Ordinance, shall be submitted to a vote of
electors of the City at a referendum to be held in the City of Sanford on November 5,
1996.
Se~ion 7: That the form of the ballot shall be in a clear concise s~tement without
argument or prejudice. The ballot questions to be used in the referendum elec~on shall be
subs~ntally in the following form:
Proaosed Amendment to Charter of the City of Sanford To
Change Election Date for City Commission Members. Shall
A~cle II, Section 2.01 (c) and A~cle VIII, Section 8.01 of the
Charter of the City of Sanford be amended to change the
election date for City Commission members fi'om the first
Tuesday afi~er the first I~onday in December to the first Tuesday
a~er the first Monday in March, effectve April 1, 1997?
yes __ no
Proposed Amendment to Charter of the City of Sanford to
Chan~e Oualifi~in~ Period for Candidates for City Commission.
Shall Article II, Secton 2.01 (c) of the Charter of the City of
Sanford be amended to change the quali~ng period for
candidates for City Commission from 56 days to 12 days,
effective April 1, 1997.
yes __ no
Proposed Amendment to Charter of the City of Sanford to
Chan~e Party Authorized to Hire and Suoervise Fire and Police
Chiefs. Shall Article V, Section 5.01 (c) and (d) and Article
IV, Section 4.04( 1 ) of the Charter of the City of Sanford be
amended to change the party authorized to hire and supervise
the Fire and Police Chiefs from the City Commission to the City
Manager, effective November 5, 1996.
yes no
Section 8: Conflicts. All Ordinances or parts of Ordinances in conflict with any
of the provisions of this Ordinance are hereby repealed. If approved by the electors of the
City, all references to a December election date shall be changed to a March electon date.
If approved by the electors of the City, all references to the hiring and/or supervision of the
Police Chief and/or Fire Chief shall be changed from the City Commission to the City
Manager.
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Ordinance No. 3301
Section 9: Severability. If any Section or portion of a Section of this Ordinance
proves to be invalid, unlawhjI, or unconstitutional, it shall not be held to invalidate or impair
the validity, force, or effect of any other Section or part of this Ordinance.
Section 10: Effective Date. Sections 6, 7, 8, and 9 of this Ordinance shall
become effecCive immediately upon passage and adoption. If approved by The electors of the
City of Sanford on November 5, 1996, The amendment to ArTicle V, Section 5.01 (c) and
(d) and Article IV, Section 4.04( 1 ) of the Charter shall immediately become effective on
November 5, 1996. if approved by the electors of the City of Sanford on November 5,
1996, The amendments to Article II, Section 2.01 (c) and The amendment to Article VIII,
Section 8.01 of the Charter shall become effective on April 1, 1997.
PASSED AND ADOPTED this/~~ day of (~/.l~l~, A.D. 1996.
MAYO
ATTEST:
mmiss~on of th
Cky of Sanford, Florida
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. 3301, PASSED AND
A~io~i Z)PTED by the City Commission of the City of Sanford, Florida, on the/:~day of
L'/~ l,~:/', 1996 was post.ed at the front door of the City Hall in the City of Sanford,
on the day of ,996
of Sanford, Florida
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Ordinance No. 3301