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3301 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: "2'- 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 __~__ 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. "5'- 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 "6'- Ordinance No. 3301