HomeMy WebLinkAbout3305 ORDINANCE NO. 3305
/iN ORDINANCE OF TIlE CITY OF SAMFORD, FLORIDA,
AMENDING CHAPTER 26210, LAWS OF FLORIDA, ACTS
OF 1949, AS AN[ENDED, BEING THE CF~JRTER OF. TtIE
CITY OF SANFORD, FLORIDA; CREATING A REVISED
CHARTER AS PROVIDED BY CEAPTER 166, FLORIDA
STATUTES; PROVIDING FOR A REFERENDUM ON
QUESTION OF APPROVAL OF REVISED Ct~ARTER;
SETTING REFERENDUM ELECTION ON DECEMBER 3,
1996; PROVIDING FOR FORM OF BALLOT~ PROVIDING
FILING REVISED CF~R'rM~ WITH FLORIDA DEPARTMENT
OF STATE; PROVIDING FOR CONFLICTS,
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford, Florida,
may submit to the electors of the City, a revised Charter pursuant
to Chapter 166, Florida Statutes; and
W~EREAS, 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 electors of the City for a referendum election to be
held on December 3, 1996.
NOW, T[IEREFORE, BE IT ENACTED BY T~E PEOPLE OF THE CITY OF
SAMFORD, FLORIDA:
SECTION 1: Chapter 26210, Laws Of Florida, Acts Of 1949, as
amended, being the Charter of the City of Sanford, Florida, is
hereby amended, subject to approval of the electors of the City of
Sanford, to create the revised Charter of the City of Sanford,
Florida, to read as follows:
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 any one 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.
The territorial boundaries of the City of Sanford may be
extended as provided by General Acts, Laws of Florida.
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.
held on the first Tuesday after the first Monday ~ of
each year for the election of a mayor and city commissioner(s), as
the case may be. The candidate shall announce whether he or she 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 for which he
or she is a candidate. The candidate for mayor receiving a
majority of the votes cast for mayor shall be elected. The
candidate in each group for commissioner receiving a majority of
the votes cast in that group 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 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 * Dq~ F~h' The
names of unopposed candidates shall not appear on the general
election ballot in accordance with the General Laws, State of
Florida.
· As determined by the electors on November 5, 1996, Referendum
on Ordinance No. 3301.
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 * ~G~d~\
· As determined by the electors on November 5, 1996, Referendum
on 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 VI, requesting that his or her name be
printed upon the ballot and depositing with such written notice a
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sum equal to five per cent (5%) of the then effective annual salary
of the office he or she 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 * ~7
days prior to the election and shall terminate at 12:00
noon on t~e last regular working day for the city clerk's office
· ~ days in advance of the election date.
Qualification can be effected only during normal working hours for
the city clerk's office.
· As determined by the electors on November 5, 1996, Referendum
on Ordinance No. 3301.
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.
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 at meetings of the commission, shall be recognized as
head of the city government for all ceremonial purposes, and by the
governor for the purposes of military law, but shall have no
administrative duties. The mayor shall appoint from among the
commissioners an acting mayor who shall serve as mayor during the
temporary absence or disability of the mayor. 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).
SECTION 2.04. GENERAL POWERS AIqD 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 law,
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.
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SECTION 2.06. VACANCIES; FORFEITURE OF OFFICE; FILLING OF
VACANCIES.
(a) Vacancies. The office of commissioner shall become
vacant upon death, resignation, removal from office in any manner
authorized by law or forfeiture of office.
(b) Forfeiture of office. A commissioner shall forfeit
office if the Commissioner:
(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 crime involving moral turpitude,
or
(4) fails to attend three consecutive regular meetings
of the commission without being excused by the commission.
(c) Fillinq 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 OUALIFICATIONS.
The commission shall be the judge of the election and
qualifications of its members and of the grounds for forfeiture of
their office and for that purpose shall have power to subpoena
witnesses, administer oaths and require the production of evidence.
A member charged with conduct constituting grounds for forfeiture
of office shall be entitled to a public hearing on demand, and
notice of such hearing shall be published in one or more newspapers
of general circulation in the city at least one week in advance of
the hearing. Decisions made by the commission under this section
shall be subject to review by the courts.
SECTION 2.08. CITY CLERK.
The commission shall appoint, direct and supervise an officer
of the city who shall have the title of city clerk. The city clerk
shall give notice of commission meetings to its members and the
public, keep the journal of its proceedings and perform such other
duties as are assigned by this charter or by the commission.
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
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deems necessary. Such audits shall be made as provided by General
Acts, Laws of Florida.
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 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.
ARTICLE III. CITY MANAGER
SECTION 3.01. APPOINTMENT: OUALIFICATIONS; 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;
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(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, nor 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 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.
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.
By letter filed with the city clerk, the city manager shall
designate, subject to approval of the commission, a qualified city
administrative officer to exercise the powers and perform the
duties of the city manager during temporary absence or disability.
During such absence or disability, the commission may revoke such
designation at any time and appoint another officer of the city to
serve until the city manager shall return, or disability shall
cease.
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) * ~(&~S , 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;
· As determined by the electors on November 5, 1996, Referendum
on Ordinance No. 3301.
(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 1st of each year;
(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;
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(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 of departments. The commission may establish
city departments, offices, boards, committees or commissions or
agencies in addition to those created by this charter and may
prescribe the function of all departments, offices, agencies,
boards, committees or commissions, except that no functions
assigned by this charter to a particular department, office,
agency, board, commission or committee may be discontinued or,
unless this charter specifically so provides, assigned to any
other.
(b) Directions by city manager. 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 commission, the city manager
may serve as the head of one or more such departments, offices,
agencies, boards, commissions or committees or may appoint one
person as the head of two or more of them.
*(c) Chief of police to be appointed by City Commission.
There shall be a chief of police who shall be appointed by the City
Commission from eligible lists to be furnished by the civil service
board. The chief of police shall be the head of the police
department, and as such shall appoint subordinates from eligible
lists to be furnished by the civil service board. 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 Commission. The chief of police shall
be responsible to the City Commission for the proper functioning of
the police department. The chief of police and other police
officers or patrolmen shall receive such compensation as may be
fixed by the City Commission.
* To be included in the Charter only if the electors on November
5, 1996, at the Referendum on Ordinance No. 3301 vote to keep
the City Commission as the party authorized to hire and
supervise the Police Chief.
*(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. 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 civil
service board. The chief of the fire department shall have the
control of the stationing and transferring of all firemen, subject
to such rules and regulations as are prescribed by the City
Commission and 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 subordinates
shall receive such compensation as may be fixed by the City
Commission.
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* To be included in the Charter only if the electors on November
5, 1996, at the Referendum on Ordinance No. 3301 vote to keep
the City Commission as the party authorized to hire and
supervise the Fire Chief.
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 director. There shall be a personnel director
appointed by the city manager who shall administer the personnel
system of the city.
(c) Personnel rules. The personnel director shall prepare
personnel rules in accordance with existing Federal and/or State
Laws as they relate to the function of personnel administration.
In some cases, such rules shall be prepared in accordance with
specific need or to comport with sound, overall personnel
functioning. Such rules shall be proposed, reviewed, and approved
by the City Manager, Civil Service Board, or City Commission as
appropriate. Said personnel rules shall be published in the
Personnel Handbook.
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.
SECTION 4.04. CITY ATTORNEY; 0UALIFICATIONS: 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.
Such special legal counsel, consultants and consulting firms
as may be authorized by the commission to be engaged by the city
shall be appointed or placed under contract by the city manager.
Said appointment or contract shall be approved by the 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.
SECTION 5.02. SUBMISSION OF BUDGET AND BUDGET MESSAGE.
On or before the 1st 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
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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
manager deems desirable, or the commission may require. 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, indicating the proposed
property tax levy, and all proposed expenditures, including debt
service, for the ensuing fiscal year; and shall be so arranged as
to show comparative figures for actual and estimated income and
expenditures of the current fiscal year and actual income and
expenditures of the preceding fiscal year. The budget shall
indicate in separate sections:
(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.
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.
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(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
(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. PUBLIC RECORDS.
Copies of the budget and the capital program as adopted shall be
public records and a copy shall be made available to the public for
reference at the office of the city clerk.
SECTION 5.07. 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. 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) Limitations; 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.
SECTION 5.08. LAPSE OF APPROPRIATIONS.
Every appropriation, except an appropriation for a specified
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major capital expenditure, shall lapse at the close of the fiscal
year to the extent that it has not beenexpended 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 5.09. ADMINISTRATION OF BUDGET.
(a) Work proqrams 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 5.07.
(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 therefrom 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.
SECTION 6.01. ELECTION OF MAYOR AND COMMISSIONERS; DATES OF
REGULAR AND RUNOFF ELECTIONS.
The regular municipal election of the city shall be held on
the first Tuesday after the first Monday in * ~ ~k of each
election year.
· As determined by the electors on November 5, 1996, Referendum
on Ordinance No. 3301.
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 commission
seat as provided by law.
SECTION 6.02. SAME --- 0UALIFICATIONS OF CANDIDATES--FORM OF
OATH.
Any person who is a resident of the city and has qualified as
an elector therein may become a candidate for nomination to the
office of mayor or to a Commission seat by filing with the city
clerk, and payment of the fee prescribed, and by taking and
subscribing to an oath or affirmation in substantially the form as
required by the General Laws of Florida and filing the same,
together with the petition, with the city clerk not earlier than
· 57 days, and not later than noon on the
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Ordinance No. 3305
, day prior to the day of holdinS the next
regular election.
* As determined by the electors on November 5, 1996, Referendum
on Ordinance No. 3301.
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.
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 re~Falar municipal election ballot.
SECTION 6.04. COMMISSION TO DECLARE PERSON ELECTED.
All candidates elected as mayor or to the city commission by
election. All candidF~tes elected by special election shall take
office after certification of the election results by the
Commission.
, As determined by the electors on November B, 1996, Referendum
on Ordinance No. 3301.
SECTION 6.03. ABSENTEE VOTING.
Absentee voting shall be permitted in city elections in the
same manner as may be provided in state elections.
SECTION 6.06.0UALIFICATION OF ELECTORS; PRESCRIBING METHOD AND MANNER OF ELECTION.
No person shall be allowed to vote at any election for the
purpose of electing city commissioners and mayor for said city who
is not a qualified voter under the state law. The city commission
shall, by ordinance, prescribe the method and manner of holding all
elections which shall be called and held and which are not provided
for by the terms of this charter. All such elections shall be
conducted substantially on the principle adopted for the 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 elections of said
city not in conflict with this charter.
ARTICLE VII. INITIATIVE AND REFERENDUM
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
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Ordinance No. 3305
of money or levy of taxes.
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 per cent (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 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' cor~nittee 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
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Ordinance NO. 3305
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 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
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Ordinance NO. 3305
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 shallprevail 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.
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
(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
announcedby 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. SEPARABILITY.
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
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Ordinance No. 3305
circumstances shall not be affected thereby.
ARTICLE IX. TRANSITIONAL PROVISIONS
SECTION 9.01. OFFICERS AND EMPLOYEES.
(a) Rights and privileqes 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 9.02. 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, 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.
SECTION 9.03. 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 9.04. 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 9.05. TRANSITIONAL SCHEDULE.
The City Commissioners seated on the effective date of this new
Charter shall remain seated until their respective successors are
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Ordinance No. 3305
elected and take office as mandated by the new Charter.
*The terms of the Mayor and of the two Commissioners which expire
January 2, 2001 are hereby extended to April 3, 2001. The terms of
the two Commissioners which expire January 5, 1999 are hereby
extended to April 6, 1999.
* To be included in the Charter only if the March regular
election date is approved by referendum on Ordinance No. 3301 on
November 5, 1996.
SECTION 9.06. EFFECTIVE DATE.
This charter shall be in full force and effect on April 1,
1997, upon ratification by a majority vote of the qualified
electors voting thereon on December 3, 1996.
SECTION 2: The question of the approval of the revised
Charter 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 December 3, 1996.
It is the intent and direction of the City that the asterisks in
this proposed revised Charter shall be filled in consistent with
the results of the referendum held on November 5, 1996, On
Ordinance No. 3301 as soon as the result of said referendum
election is final.
SECTION 3: The form of the ballot shall be in a clear,
concise statement without argument or prejudice. The ballot
question to be used in the referendum election shall be
substantially in the following form:
PROPOSED CHARTER
Shall the revised Charter of the City of
Sanford, Florida, as set forth in Ordinance
No. 3305 be adopted?
Yes
No
SECTION 4: All Ordinances or parts of Ordinances in conflict
with any provisions of this Ordinance are hereby repealed.
SECTION 5: If any section or portion of a section of this
Ordinance proves to be invalid, unlawful, 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 6: This Ordinance shall become effective i~nediately.
Upon its passage and adoption.
PASSED AND ADOPTED this/~ day of~'.~~-~996.
MAyR~/~
AT~ST:
of S~ford~ ~odda
'17-
Ordinance NO. 3305
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that
of S~ord, ~o~da
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Ordinance NO. 3305