HomeMy WebLinkAbout3905ORDINANCE NO. 3905
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA RELATING TO
THE ADMINISTRATION OF CITY OF SANFORD ELECTIONS;
PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR DUTIES
AND POWERS OF THE CITY COMMISSION, THE CITY MANAGER AND
THE CITY CLERK; PROVIDING FOR THE METHODS AND PROCESSES
PERTAINING TO THE ADMINISTRATION OF CITY ELECTIONS;
PROVIDING FOR THE CANVASSING OF BALLOTS BY A CITY
CANVASSING BOARD; PROVIDING FOR COMPLIANCE WITH THE
PROVISIONS OF FLORIDA LAW AND ANY INTERLOCAL AGREEMENT
THAT MAY BE ENTERED BETWEEN THE CITY OF SANFORD AND THE
SUPERVISOR OF ELECTIONS FOR SEMINOLE COUNTY;
IMPLEMENTING THE PROVISIONS OF SECTION 166.031(6), FLORIDA
STATUTES, PERTAINING TO CANDIDATES FOR OFFICE;
IMPLEMENTING THE PROVISIONS OF SECTION 166.031(3), FLORIDA
STATUTES, PERTAINING TO CHARTER AMENDMENTS BY
ADDRESSING THE MATTER OF SINGLE MEMBER DISTRICTS;
PROVIDING FOR THE REPEAL OF SECTIONS 7-1 THROUGH 7-10 OF
THE CITY CODE OF THE CITY OF SANFORD; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the provisions of Florida law and the provisions of the Charter of the City of
Sanford regulate the electoral processes of the City of Sanford relative to City elections; and
WHEREAS,the City Commission of the City of Sanford has determined that it is in the best
interest of the citizens of the City of Sanford to implement an administratively sound, efficient and
flexible system of administering the elections held for municipal offices within the City of Sanford;
and
WHEREAS, the provisions of Section 166.031 (6), Florida Statutes, provide as follows:
"Each municipality shall, by ordinance or charter provision, provide procedures for
filling a vacancy in office caused by death, resignation, or removal from office. Such
ordinance or charter provision shall also provide procedures for filling a vacancy in
candidacy caused by death, withdrawal, or removal from the ballot of a qualified
candidate following the end of the qualifying period which leaves fewer than two
candidates for an office."; and
WHEREAS, the provisions of Section 166.031 (3), Florida Statutes, provide, in pertinent
part, as follows:
"A municipality may amend its charter pursuant to this section notwithstanding any
charter provisions to the contrary. This section shall be supplemental to the provisions
of all other laws relating to the amendment of municipal charters and is not intended
to diminish any substantive or procedural power vested in any municipality by present
law?'; and
WHEREAS, the materials attached hereto as an exhibit relating to the Federal lawsuit
pertaining to the case styled Alfred G. DeLattibeauddere, et al, etc. against City of Sanford, Florida,
et al, etc. are hereby relied upon relative to the provisions of Section 4 of this Ordinance.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. LEGISLATIVE FINDINGS. The City Commission of the City of Sanford
hereby adopts the recitals set forth in the preamble to this Ordinance (whereas clauses) as legislative
findings.
SECTION 2. ADMINISTRATION OF CITY ELECTIONS. The following provisions
are hereby added to the City Code of the City of Sanford:
(a) All City elections shall be held in conformity with procedures and processes set forth in
the provisions of the laws of the State of Florida, the provisions of the Charter of the City of Sanford
and in conformity with any procedures and processes that may be adopted pursuant to the interlocal
agreement between the City and the Seminole County Supervisor of Elections.
(b) To the extent not preempted by State law, the City Commission shall establish election
precincts, polling places, inspectors, clerks, providing notices of the election by publication and other
means, the canvassing of returns, the certification of election results, ballots, nominating petitions and
the examination of nominating petitions and designate the number, boundaries and locations of same
relative to the holding of any City election. Such election precincts and polling places shall be
designated from time-to-time by the adoption of a resolution by the City Commission. The City
Commission may take other actions in accordance with its powers under the provisions of the Charter
of the City of Sanford and the City Code of the City of Sanford to implement and regulate the
election processes relating to City elections.
(c) The City Clerk is hereby delegated the authority to promulgate rules for the
implementation of elections which rules shall be subject to approval by the City Commission. The City
Clerk shall make all necessary administrative arrangements and take all administrative actions
necessary for holding all City elections and shall report such actions to the City Manager.
(d) Whenever practicable and in the best interests of the City, the City Commission may enter
intergovernmental agreements with the Seminole County Supervisor of Elections to implement the
election processes oftbe City.
(e) The City Canvassing Board shall consist of three (3) members appointed by the City
Commission and shall be empowered to take actions in accordance with the provisions of this
Ordinance. In the event of absence or inability to serve after appointment, the Mayor, or in his or her
absence, the City Manager, may fill such vacancy by written appointment.
(0 During the day of the City election, the City Canvassing Board shall meet and perform the
same duties as the County Canvassing Board is assigned under Section 102.141, Florida Statutes,
with regard to the City election,
· unless the canvass of the votes for the City election otherwise occurs
m accordance with State law or an interlocal agreement between the City and the Seminole County
Supervisor of Elections otherwise provides for the canvassing of votes.
(g) Ballots for City elections shall conform as nearly as practicable to the form of ballots
prescribed by State law.
TI N3 RE E F N 6 0 6 F~ ~D TA T~
T F FFI The following provision is hereby added to the
Cio' Code of the Cio' of Sanford:
In the event that, after the qualifying period for office has closed and two (2) or more
candidates have qualified for an office, a vacancy in candidacy or candidacies occurs as a result of
removal ora candidate or candidates from the ballot by reason of death, withdrawal or removal such
that fewer than two (2) candidates remain qualified for the election, a special qualifying period shall
be established by resolution of the City Commission during which period additional candidates may
qualify for office.
03 R
The following provision is hereby added to the Charter of the
Cio' of Sanford as permitted by the provisions of Section 166.031 (3), Florida Statutes:
NOtwithstanding any other provision of this Charter, each City Commissioner shall represent
a City Commission district and be elected by the voters of that district. There shall be four (4) City
Commission Districts that shall be defined and described as have been established as of, and contain
the area of the City as of, the effective date of this Ordinance. The City Commission may modify City
Commission Districts by the enactment of an ordinance under such processes and procedures as may
be determined to be desirable by the City Commission. In addition to the office of the City
Commissioner representing the entire City, each City Commissioner shall represent the interests of
the citizens residing with the City Commissioner's City Commission District.
SECTION 5. REPEALER Sections 7-1 through 7-10 of the CiO, Code of the Cio' of
Sanford are hereby repealed.
SECTION 6, CONFLICTS. All ordinances and resolutions or part of ordinances and
resolutions in conflict be and the same are hereby repealed.
SECTION 7. SEVERABILITy. Ifeny provision oft/tis Ordinance or the application thereof
to any person or circumstance is held invalid, the remainder shall nevertheless be given full force and
effect, and to this end the provisions of this Ordinance are declared severable.
SECTION 8. CODIFICATION This Ordinance shall be codified in the City Code of the
CiO/ofSanford The Code codifier is granted authority to change the words "Ordinance" and other
words to reflect the Part, Section, Article, etc., assigned in the Code, except that Sections 5, 6, 7, 8
and 9 shall not be codified.
SECTION 9. EFFECTIVE DATE, This Ordinance shall become effective immediately
upon its adoption.
PASSED and ADOPTED this 10th day of January, 2005.
Attest:
City Commission of the City of Sanford,
Florida
~d,~ET R. DOUGI~ER~, CIT~CLERK
E IF E
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. 3905, PASSED AND Al)OPTED by the City
Commission of the City of Sanford, Florida, on the 10th day of January, 2005, was posted at the fl-ont
door of the City Hall in the City of Sanford, Florida, on the 1 lth day of January, 2005.
ugherty U
As the City Clerk of the
City of Sanford, Florida