4216 Referndum Election/Charter AmdmtsOrdinance No. 4216
An ordinance of the City of Sanford, Florida calling for a referendum
election to be held on November 2, 2010 for the purposes of
proposing to the electorate of the City of Sanford various proposals
to revise the Charter of the City of Sanford; providing for revisions to
the City Charter by amending Section 3.01 relating to the residency
requirement for the City Manager, amending Section 6.07 relating to
City Commission districts and amending Section 8.01 relating to
publication of notice pertaining to proposed City Charter
amendments; providing for the call of a referendum election;
providing for the duties of the City Clerk and others; providing for
inclusion in the City Charter and powers and authority for the Code
codifier; providing for conflicts; providing for severability and
providing for effective date of this Ordinance and an effective date of
proposed City Charter amendments which are approved by the
electorate.
Whereas, the City Commission of the City of Sanford has determined that it is in
the best interests of the citizens of the City of Sanford to propose to the electorate of the
City of Sanford a series of revisions to the City Charter at a referendum election in
accordance with the provisions of Section 166.031, Florida Statutes; and
Whereas, for purposes of this Ordinance, underlined type shall constitute
additions to the original text, * ** shall constitute ellipses to the original text and
GtFikethFeUffh shall constitute deletions to the original text; provided, however, that
completely new text shall not be legislatively scored.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. City Manager. Section 3.01 of the Charter of the City of
Sanford, Florida, is proposed to be amended as follows:
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
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administrative qualifications.
Section 2. Ballot Question One. The form of the ballot for the City
Charter amendments provided for in Section 1 of this Ordinance shall be as follows:
City Manager. (Section 3.01).
The City Charter provides that the City Manager need not be a resident of the City or
State at the time of appointment, but shall reside inside the City while in office. The City
Charter is proposed to be amended to remove that requirement.
Shall the proposed City Charter amendment be adopted?
Yes [ ]
No [ ]
Administrador de la Ciudad. (Seccion 3.01).
La Carta Municipal provee que el Administrador de la Ciudad no necesita ser residente
de la ciudad o del estado a la hora de su nombramiento pero si tiene que residir dentro
de la ciudad mientras ocupe el cargo. Se propone que la Carta Municipal se enmiende
para eliminar ese requisito.
�,Deberia adoptarse la propuesta enmienda a la Carta Municipal?
Si []
No [ ]
Section 3. City Commission Redistricting. Section 6.07 of the Charter
of the City of Sanford, Florida, is proposed to be repealed and amended all new text
added as follows:
Section 6.07. City Commission Districts and Redistricting.
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(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 a single City Commission district, shall actually physically reside in the
district for which they seek office from the date of qualification for office until the
expiration of the term of office for which elected 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 Number 4032
and subsequent successor ordinances relating to City 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
of streets to the extent practicable. Due consideration shall be given to maintaining the
geographical integrity of neighborhoods and developments within the individual districts.
City 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 City 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
a term of office cut short by the adoption of a redistricting plan.
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(d) The City Commission may modify City Commission districts by the enactment of a
successor ordinance under such 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 ten (10) years so as to finalize the redistricting process one hundred fifty (150)
days in advance of the first date to qualify for thEi next regular City election. In the event
the redistricting process is not completed prior to said one hundred fifty (150) day
advance period, the City 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.
Section 4. Ballot Question Two. The form of the ballot for the City
Charter amendments provided for in Section 3 of this Ordinance shall be as follows:
City Commission Districts. (Section 6.07).
The City Charter provides for four (4) City Commissioners selected from City
Commission districts with the Mayor running for Citywide election. The City Charter is
proposed to be amended to comply with State and Federal laws which require
redistricting. Redistricting would occur shortly after each Decennial Census.
Shall the proposed City Charter amendment be adopted?
Yes [ ]
No [ ]
Distritos de la Comision de la Ciudad. (Secci6n 6.07)
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La Carta Municipal provee cuatro (4) Comisionados de la Ciudad seleccionados de los
distritos de la Comision de la Ciudad y un alcalde postulandose para la Eleccion
Municipal. Se propone que la Carta Municipal se enmienda para cumplir con las leyes
del estado y las leyes federales que exigen que se distribuyan de nuevo los distritos.
Esta nueva distribucion ocurriria poco tiempo despues de cada Censo Decenal.
�Deberia adoptarse la propuesta enmienda a la Carta Municipal?
Si []
No [ ]
Section 5. Charter Amendment. Section 8.01 of the Charter of the City of
Sanford, Florida, is proposed to be amended as follows:
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
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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 G9RtaiRiRg trhe- semplet° tex4 of the
published in one or more newspapers of general circulation
in the city at least 30 days prior to the date of the election or as otherwise may be
required by State law for referendum elections Th e eleGtieR shall be held R„f I eGG th
(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 6. Ballot Question Three. The form of the ballot for the City
Charter amendments provided for in Section 5 of this Ordinance shall be as follows:
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Notices Relating To Proposed Charter Amendments. (Section 8.01).
The City Charter provides for publication of a lengthy and expensive notice of proposed
Charter amendments. The City Charter is proposed to be amended to require
publication of a Notice of proposed changes in one or more newspapers of general
circulation in the City at least 30 days prior to the date of a referendum election or as
otherwise may be required by State law.
Shall the proposed City Charter amendment be adopted?
Yes []
No [ ]
Avisos que se Refieren a las Propuestas Enmiendas a la Carta. ( Seccion 8.01).
La Carta Municipal proporciona la publicacion de una larga y cara notificacion de las
enmiendas propuestas a la Carta Municipal. Se propone que la Carta Municipal se
enmienda a exigir la publicacion de un Aviso de los cambios propuestos en uno o mas
de los periodicos de circulacion local de la ciudad por to menos 30 dias antes de la
fecha de una eleccion referendum o segun sea exigido por la ley del estado.
�,Deberia adoptarse la propuesta enmienda a la Carta Municipal?
Si []
No [ ]
Section 7. Referendum Election Called. A referendum election is hereby
called to be held on November 2, 2010 to present to the electors of the City of Sanford
the ballot questions provided for in this Ordinance. The Supervisor of Elections of
Seminole County is hereby requested to coordinate all matters relating to the said
referendum election with the City Clerk, the Division of Elections of the Florida
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Department of State, and the City Attorney. The City Clerk is directed to coordinate all
matters relating to the referendum election and coordinate with the City Attorney as
needed.
Section 8. Duties of 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 this Ordinance with the Supervisor of Elections for
Seminole County.
Section 9. Revised Charter Of The City Of Sanford. If any amendment
to the 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- lettered 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 broad and liberal power and authority to codify the
City Charter in terms of making appropriate harmonizing, technical or editorial changes
and notes that do not affect the substantive provisions thereof. The Code codifier is
hereby granted the additional authority to change the section numbers of the City
Charter in such manner as deemed appropriate and best for the codification and
usability of the document. By way of example and not limitation, the Code codifier is
directed to consolidate the provisions of the City Charter relative to City elections into a
consolidated Article. This Ordinance shall not be codified in the City Code of the City
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of Sanford; provided, however, that the provisions of this Section shall be implemented
as set forth herein.
Section 10. Conflicts. All ordinances or part of ordinances in conflict with
this Ordinance are hereby repealed
Section 11. 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 12. Effective Date. The provisions of this Ordinance shall take
effect immediately upon enactment. Any Amendment to the Charter of the City of
Sanford proposed for approval in this Ordinance and approved by the electorate shall
become effective only upon approval at a referendum election of the electors of the City
of Sanford in accordance with the provisions of Section 166.031, Florida Statutes;
provided, however, that the provisions set forth herein shall be implemented as set forth
herein.
Passed and adopted this 9 day of August, 2010.
Attest:
City Commission of the City of
Sanford, Florida
9 P J1 '
anet D o
ugherty,66ity Cle
IVA
Linda Ku n, Mayor
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