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1109 ORDINANCE NO. 1109 AN ORDINANCE OF THE CITY OFSANFORD, FLOR!DA AF~N~ING ORDINANCE NO. 109.8, CITY OF S/~qFORD, FLORIDA, SAID ORDINANCE BEING THE"CHARTER OF TF~ CITY OF SANFORD, FLORIDA, SAID AMENDMENT ENDING iCERTAIN PORTIONSOF ARTICLE II AND VIII OFSAID ORDINANCE PROVIDING FOR THE CRE- ATION OF COMMISSION DISTRICTS AND ELECTION PROCEDURES FOR THEU ELECTION OF COMMISSIONERS. BE IT ENACTED BY TEE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1. That LSeCtion 2..01, Article II of Ordinance No. 1098 be and it is hereby amended to read as follows: ARTICLE II CITY COMMISSION SeCtion 2.~01.~ Composition, eIigibilityL, election and terms. SeCtion (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) Comm- issioners and a Mayor, who shall also be known as a Commissioner, each of wh0mshall be elected for terms hereinafter specified. The City Commissioners now holding office shall continue in office until their present ~e~ms of office expire, unlesls vacancies therein other- wise occur. There shall bean election in 19~3on the first Tuesday after the first Monday in DeCember at which time one Commissioner shall be elected for a three year term to succeed the Commissioner whose term is about to expire. That Commissioner shall be elected from District 1, said District being hereinafter described in Section (d). There lshall be an election in 1974 on the first Tuesday after the first Monday in ~ecember at which time two Commissioners shall be elected for four (4) year terms to succeed the two Commissioners whose terms are labout to expire. Th0seCommissioners shall be elected from Districts2 and 3, said Districts being hereinafter described in SeCtion (d). There lshall be an election in 1976 on the first Tuesday after the first Monday in December at which time the Mayor and two Commissioners shall beeleered for four (4)year terms to succeed the Mayor and Commissioners wh0seterms are about to expire. TheCo~issionersshall be eieCted from Districts~ One (t) and Four (4), said DiStricts being he~einafter described in SeCtion (d). On the first LTuesday after the first Monday in December of every even numbered year thereafter there shall be an election for terms of four (4.) years each, to succeed the]Commiss'ioners and Mayor whose terms of office are about to. exp'ire. (b) Eligibility: Only qualified votersof the City shall be eIigibIe to hold officeLof Commissioner and Mayor. In addition thereto, in order to beeligible to hold the office of Commissioner, a Commissioner must bea bona fide reslident of. theDistrictfor whichhe is elected at the time he' takes office for whichhe is eiected. In order to be eIigibIeto hold the office?Of Mayor, the Mayor may resLide in any of the Districts of the City. (C) EleCtions:' Questions may bevoted upon at DeCembe[ eiections; how candidates]qUalify--An eleCtion'shall be holed on thefirstTuesday after the:first Monday in DeCember in1973 'and each even numbered year thereafter for the election of a Mayor and/or City Commissioners, as the case may be. The candidate shall announce whether he is a candidate fGr the. Office of Mayor or Commiss'ioner. Where more 'than one (t) Commissioner is to be elected, ;the candidateS for Commissioner shall be. grouped by .District numbe~ as to each vacancy to befilled and each~candidate shall announce the District:for which 'he is a candidate. Thecandidatefor Mayor and the'candidate for Commissioner -2- of a particular District shall be Yoted on by all of the qualified voters of the 'City, and the candidate for Mayor or Commissioner for a particular District receiving a majority of the votes cast shall be eIected. In case no candidate for Mayor receivesa majority of the votes cast for Mayor in such election, a second election shall be heid two t2) weeks following such eIeCtion, 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 re- ceiving a majority of the votes cast for Mayor shall be elected. In case no candidate for Commissioner in a District receives a majority of the votes cast 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 shall be elected. WriteKin votes shall beallowed and counted only in the first eIection on the first Tuesday after the first Monday in December. The names of unopposed candidates shall not appear on the general eIeCtion 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 DeCember. 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 for Mayor or for Commissioner of a particular District in accordance with Article VIII, requesting that his or her name be printed upon -3' the ballot and depositing with such wEitten notice a sum equal to fi~e percent (5%) of the then effective annual salary of the officehe seeks as qualifying fee, said sum to be place~ 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 90 days prior to tile election and shall terminateat 12:00 noon on thelast normal worki~ day for the City Clerk's office thirty-five ~35) days in advance of the eleCtion date, and such qualification can be effeCted only during normal working hours for the City~ ~lerk's office.L (d) Districts: The City shall be divided into four (4)Districts. and each District shall be represented by the Commissioner eIeCted to represent that particular District as specified in this Article hereinabove. The Districts shall be designated as Districts 1, 2, 3 and 4 and are described and identified on the Exhibit attached to this Ordinance and made a part hereof. The Commission shall within one (1) year of each federal decennial census determine whethe~ or not the CityshOuld~'edistricted, and in the event it is determined that the City should be redistricted this Ordinance shall be amended to designate the Districts. SECTION 2. That Section 2.06 (a) of Article II of Ordinance No. 1098 be and it is hereby amended to read as follows: ARTICLE II CITY COMMISSION Section 2.06 (a). The office of Commissioner shall become vacant upon his removal of his residence from the District to which he is elected, his death, resignation, or removal from office in any manne~ authorized by law or forfeiture of his office.~ -4- SECTION 3. That SeCtion 8.01, Section 8.02 and Section 8.03of Article ~III of Ordinance 1098 be and they are hereby amended to read as follows: ARTICLE VIII ELECTIONS Section 8.01. EleCtion of Mayor and Commissioners - Datesof regular and run-off Elections. The regular municipal election of the City shall be held on the First Tuesday after the First Monday of December of 1973 and every e~en numbered year thereafter. City Commission seats are hereby designated as Districts 1, 2, 3 and 4. Candidates for the ~office of Commissioner shall file to qualify for that specified District 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 District, 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 "run-off" municipal election shall be held on the second Tuesday after the ~General Election in December of that year only for the office of Mayor or Commission District 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 District in an eIection and no person shall run for Mayor and a Commission District in the same election. SeCtion 8.02. Same--Qualifications of Candidate--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 -5- office of Mayor or to a commission District by filing with the City Clerk, and payment of the fee prescribed, and by taking and sub- scribing to an oath or affirmation in substantially ~he form as required by the General Laws of Florida and filing the same, together with the petition, with the City Clerk not earlier than ninety days, nor latex than 12 o'Clock noon on the thirty-fifth (35th) day prior to the day of holding the next regular election. Section 8.03. Names to be placed on Ballo~ 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 Districts shall be placed upon the regular election ballot in alphabetical order for Commission District to be voted upon. Commission Districts shall be placed on the ballot in their numerical order. Run-off election ball~s shall be in the same form as prescribed herein for the regular municipal eIection ballot. SECTION 4. That this 'Ordinanceshall be in full force and effect upon ratification by a majority vote of tkequalified electors voting thereon at a Special Election to be held on the 'Sth day of May, 1973. PASSED AND ADOPTED THIS 26thday of ary, A.D., 19~3. ATTEST: Cityof Sanford, Florida. '6- "EXHIBIT District 1 is described as follows: That area East of the centerline of Elm Avenue and the Northerly extension of Elm Avenue to the North City Limits Line, and that area North of the centerline of 20th Street and McKay Boulevard to the East boundary of Washington Oaks Subdivision, Section One, and thence East to the City Limits Line, and bounded on the North and on the East by the City Limits Line. District 2 is described as follows: That area West of the centerline of Elm Avenue and North of the centerline of 20th Street extended West to the West coundary line of the Country Club Manor Subdivision then extended Southwesterly along the West boundary of the Country Club Manor Subdivision until it intersects with the North right of way line or Country Club Road, thence run Southwesterly along the East right of way line of vacated railroad right of way until it intersects with the centerline of 25th Street (SR 46-A) and then extending Westerly along the centerline or 25th Street (SR 46-A) to the West City Limits Line and bounded on the North and on the West by the City Limits Line. District 3 is described as follows: That area West of the centerline of Coronado Concourse extended South to its intersection with the centerline of Elm Avenue and extended South to the inter- section of the centerline of Orlando Drive and then extending in a Southwesterly direction as the centerline of Orlando Drive (Highway 17-92) to the South City Limits and the area South of the centerline of 20th Street extended West to the West boundary line of the Country Club Manor Subdivision then extended South- westerly along the West boundary line of the Country Ct~ub Manor Subdivision until it intersects with the North right of way line of Country Club Road, thence run Southwesterly along the East right of way line of vacated railroad right of way until it intersects with the centerline of 25th Street (SR 46-A) and then extending Westerly along the centerline of 25th Street (SR 46-A) to the West City Limits Line and bounded on the South and on the West by the City Limits Line. District 4 is described as follows: That area South of the centerline of 20th Street and McKay Boulevard East of the centerline of Coronado Concourse extended to the East botuldary of Washington Oaks Subdivision, Section One and thence East to the City Limits Line extended South to its intersection with the centerline of Elm Avenue and extended South to the intersection of the centerline of Orlando Drive and then extending in a South- westerly direction as the centerline of Orlando Drive (Highway 17-92) to the South City Limits and bounded on the South and East by the City Limits Line. CERTIFICATE I, H. No Tamm, Jr., City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 1109, PASSED and ADOPTED by the City Commission of the City of Sanford, Florida, on the 26th day of February, 197__3, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 28th,day of February, 197__3. Eity of Sinford, Florida