3766ORDINANCE NUMBER 2002-3766 CITY OF SANFORD, FLORIDA
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AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA PROPOSING A
REVISION TO THE CITY CHARTER OF THE CITY OFSANFORD MOVING
THE POWERS AND DUTIES OF THE UNELECTED CITY MANAGER TO
THE ELECTED MAYOR AS A MEMBER OF THE ELECTED CITY
COMMISSION; PROVIDING FOR THE CALLING OF A REFERENDUM
ELECTION TO BE HELD ON MARCH 4, 2003 FOR THE PURPOSES OF
PROPOSING TO THE ELECTORATE OF THE CITY OF SANFORD AN
AMENDED CHARTER OF THE CITY OF SANFORD; PROPOSING THE
AMENDMENT OF SECTIONS 2.01, 2.02, 2.03, 2.04, 2.05, 3.04, 4.01, 4.02, 4.03,
4.05, 5.02, 5.03, 5.04, 5.05, 5.07, AND 5.09; PROPOSING THE DELETION OF
SECTIONS 3.1, 3.02, AND 3.03 FROM THE CITY CHARTER RELATING
TO THE OFFICE OF THE CITY MANAGER; PROVIDING FOR THE CALL
OF A REFERENDUM ELECTION; PROVIDING FOR THE DUTIES OF
THE CITY CLERK; PROVIDING FOR INCLUSION IN THE CHARTER OF
THE CITY OF SANFORD; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR EFFECTIVE DATE OF ORDINANCE AND EFFECTIVE
DATE OF PROPOSED CHARTER AMENDMENTS.
WHEREAS, the City Commission of the City of Sanford has considered a proposal made
relating to the functions of the Mayor and the City Manager and the City Commission, as set forth
in the Charter of the City of Sanford, and has concluded that it is in the best interests of the citizens
of the City of Sanford for the electorate of the City of Sanford to consider making changes to the
Charter of the City of Sanford at a referendum election in accordance with the provisions of Section
166.031, Florida Statutes,
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. PROPOSED AMENDED CITY CHARTER. S u b j e c t t o
appro, val by the electorate at a referendum election held pursuant to the provisions of this Ordinance,
a revised and amended Charter of the City of Sanford is created and adopted as follows and the
existing Charter of the City of Sanford is amended to read as follows:
CHARTER OF THE CITY OF SANFORD
ARTICLE I. POWERS OF THE CITY
SECTION 1.01. POWERS OF THE CITY.
Underlined text is an addition to the existing City Charter text and :t d',;;. ;. ;::.~ are text deletions from the existing text from the existing City
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The City of Sanford, Florida, shall have all powers possible for a city to have under
the construction 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 the particular powers in this 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 thereo£
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 TERMR
(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, although having
additional powers and duties, 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 (1) commission seat
in an election and no person shall run for mayor and a commission seat in the
~ed text is an addition to the existing City Charter text and ~.t ri~:c, c,,~t~ are text deletions from the existing text from the existing City
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same election.
(c)
Elections. The regular municipal election shall be held on the first Tuesday
after the first Monday in March of each year for the election of a mayor and
the 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 case for mayor in such ejection, a
second elections 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 case 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 case in such group shall be elected. Write-in votes shall
be allowed and counted only first election on the first Tuesday after the first
Monday in March. 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 he submitted and voted upon at the election held on the first Tuesday
after the first Monday in March.
Any person who is a qualified elector in the City of Sanford, and otherwise qualified,
may l~ecome 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
sum equal to five percent (5%) of the then effective annual salary of the office he or she seeks as
qualifying fee, and 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
fifty-seven (57) days prior to the election and shall terminate at 12:00 noon on the last regular
working day for the City Clerk's office forty-six (46) days in advance of the election date.
Qualification can be effected only during normal working hours for the City Clerk's office.
Underlined text is an addition to the existing City Charter text and :.t r~:;c..:,~& are text deletions from the existing text from the existing City
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SECTION 2.02. COMPENSATION; EXPENSES
The commission may determine the annual salary of the Mayor and the City
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. City
Commissioners shall receive their expenses in the performance of their duties of office. The City
Commission shall establish the initial salary for the Mayor effective May 1, 2003.
SECTION 2.03. Mayor
The Mayor shall be elected for a term of four (4) years. The Mayor shall be a member
of the City Commission. In addition, he or she shall preside at meetings of the City Commission, shall
be recognized as head of the City government for all ceremonial purposes, and by the Governor for
the purposes of military law, b~,t and shall have no adi,~ii~;.i al. iv6 the powers and duties set forth in
Section 3.04. The Mayor shall appoint from among the City Commissioners an Acting Mayor who
shall serve as Mayor during the temporary absence or disability of the Mayor. Ifa vacancy occurs
the office shall be filed for the remainder of the unexpired term in accordance with the procedure in
Section 2.06(c).
SECTION 2.04. GENERAL POWERS AND DUTIES.
All powers of the City shall be vested in the Mayor and 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 ~r City employment during the term for which he or she was elected to the
commission and no former Commissioner shall hold any compensation appointive City office or
employment or hold any City board or committee position until one (1) year after the expiration of
the term for which he or she was elected to the City Commission.
(b) Appointments and removals ExceptforneithvrtheMayor, neithertheCityCommission,
nor any of its members shall in any manner dictate the appointment or removal of any City
administrative officers or employees whom the Mayor is c~t.y i,,an,~r ,~, any ofl~ ~,,bo,-dli,a~ ai'~
empowered to appoint, but the commission may express its views and fully and freely discuss with
the city-manager Mayor 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 Ma~o,~ , th~ Cit"~ Com,,,io~;~,-...~,,.,, or its members shall deal with the City officers
Underlined text is an addaion to the existing City Charter text and ;t;=.kc c,:..t s are text deletions from the existing text from the existing City
Charter. '
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and employees who are subject to the direction and supervision of the dt3mmmager Mayor solely
through the eiBrmam, ger Mayor, and neither the City Commission nor its members shall give orders
to any such officer or employee, either publicly or privately.
SECTION 2.06. VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES.
(a)
Vacancies. The office of City 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 City Commissioner shall forfeit office if the City
Commissioner:
(2)
(3)
(4)
lacks at any time during his or her term of office any qualification for
the office prescribed by this Charter or by law;
violates any express prohibition of this Charter;
is convicted of a crime involving moral turpitude, or
fails to attend three (3) consecutive regular meetings of the City
Commission with out being excused by the City Commission.
(c)
Filling of vacancies At the time a vacancy in the City Commission occurs, if
there is less than six (6) months before the next regular City election, said
vacancy in the City Commission shall be filled by vote of the remaining
members of the commission within thirty (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 City 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 City Commission.
SECTION 2.07. JUDGE OF QUALIFICATIONS
The City 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 (1) or more newspapers of general
circulations in the City at least one (1)week in advance ofthe hearing Decisions made by the City
Commission under this section shall be subject to review by the courts.
Underlined text is an addition to the existing City Charter text and =t;ikc c, ut~ are text deletions from the existing text from the existing City
Charter.
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SECTION 2.08. City Clerk.
The City 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 City 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 City Commission.
SECTION 2.09. INVESTIGATIONS.
The City 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
ora misdemeanor and punishable to the extent provided by law.
SECTION 2.10. INDEPENDENT AUDIT.
The City Commission shall provide for an independent annual audit of all City
accounts and may provide for more frequent audits as it 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." Ail ordinances and
resolutions passed by the City Commission shall become effective ten (10)
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 City
Commission.
(c)
Codification. Within ten (10) years after the adoption of this Charter and at
least every ten (10) years thereafter, the City Commission shall provide for the
preparation of a general codification of all City ordinances which have been
specified by the City Commission for inclusion in the SanfordCity Code. The
general codification shall be adopted by the City 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 SanfordCity Code. Copies of the Code shall be furnished to
Underlined text is an addition to the existing City Char[er text and cAr;kc, c, ut~ are text deletions from the existing text from the existing City
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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 City Commission.
(d)
Printing ofordinances and resolutions The City 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 City
Commission. Following publication of the first SanfordCity 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 City 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.
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Underlined text is an addition to the existing City Charter text and r.t r[l;:. :.;.~:~ are text deletions from the existing text from the existing City
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SECTION 3.04. POWERS AND DUTIES OF THE CITY MANAGER MAYOR
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The eitymm'rager Mayor shall be the chief administrative officer of the City. The
~ Mayor shall be responsible to the City Commission for the administration o£all City affairs
placed in his or her charge by or under this Charter. The cktylttanag~ Mayor shall have the following
powers and duties:
(2)
He or she shall appoint and, when he or she deems it necessary for the good
of the seeeice City, 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-ma~r~g~ Mayor 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;
direct and supervise the administration of all departments, offices and agencies
of the City, except as provided by this Charter or by law;
Underlined text is an addition to the existing City Charter text and ~.tr~kg ,;uts are text deletions from the existing text from the existing City
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(3)
see that all laws, provisions of this Charter and acts of the City Commission,
~.bj~ ~,, ~.,,f,.,,,.,~.,,,~.,,,. b~ ,.h,. ,..,,.~ ,,,,,.,,,~,..,, ,..,, t,y ,oF,,,.,,...,,, ,:,,.,[,j,..,..,. ,,o h,,, ,.,,
,-,,,,-,.,,~,,, -,,,-, ~,~,,., .,,~,oii, are faithfully executed;
(4)
prepare and submit and annual budget and capital program to the City
Commission, on or before July I st of each year;
(5)
submit to the City 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;
(6)
make such other reports as the City Commission may require concerning the
operations of City departments, offices and agencies ~
(7)
keep the City Commission fully advised as to the financial condition and
future needs of the City and make such recommendations to the City
Commission concerning the affairs of the City as he or she deems desirable;
and
(8)
perform such other dues as are specified in this Charter or may be required by
the City Commission.
appoint a City administrator, with the advice and consent of the City
Commission, to assist the Mayor in administering the affairs of the City; and
(1 O) provide for the effective transition between the end of his or her term and the
term of a successor Mayor.
ARTICLE IV. ADMINISTRATIVE DEPARTMENTS,
OFFICES AND AGENCIES
SECTION 4.01. GENERAL PROVISIONS
(a)
Creation of departments. The City 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, committee 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.
Underrined text is an addition to the existing City Charter text and ct r~'.;c cuts are text deletions from the existing text from the existing City
Charter,
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(b)
(c)
Directions by e~ Mayor. All departments, offices, agencies, boards,
commissions or committees under the direction and supervision of the city
mamtgev Mayor shall be administered by an officer appointed by and subject
to the direction and supervision of the e~ Mayor. With the consent
of the City Commission, the e~ Mayor may service as the head of
one or more such departments, offices, agencies, boards, commissions or
committees or may appoint a person as the head of two (2) or more of them
Chief of Police to be appointed by the ~ Mayor. There shall be
a chief of police who shall be appointed by the dry-n-tanager Mayor 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 Charter, by the laws and ordinances of the City or by the
manager Mayor. The chief of police shall be responsible to the city-manager
Mayor for the proper functioning of the police department. :Fhe-e{-def-of
&~ may 'u~ ~.~.x~u uy u,~ u,~ty
(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 cib,
mattager Mayor 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-manager Mayor and shall perform such other duties as
are required by this Charter, by the laws of the City or by the vity-rmm, ger.
Mayor. '~"-- -' '-~' "-' '" ~ ...... ~ ,-- ~ .... , _,, ._: _
'-.,,,,,~,,-,,~,,.,.,,-,,, .~ ,,,.y b~ fi,.cd by ,.,,,~ ,~,,y ,,,.,,~,,,~,...,.
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 Mayor who shall administer the personnel system of the City.
Underlined text is an addition to the existing City Charter text and ;ir?,;; cut; are text deletions from the existing text from the existing City
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(c)
Personnel rules. The personnel director shall prepare personnel files 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 ~ Mayor, 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 Mayor, the City Commission, ~, or through the Mayor cry
mmvager 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; QUALIFICATIONS; 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 City Commission to be engaged by the City shall be appointed or placed under contract by the
eity-mmmger Mayor. Said appointment or contract shall be approved by the City 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 1" day of July of each year, the Mayor eitymanager shall submit to
the City Commission a budget for the ensuing fiscal year and an accompanying message.
Charter.Underlined text is an addition to the existing City Charter text and c,t ~;',;.; c, ut~ are text deletions from the existing text from the existing C ty
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SECTION 5.03. BUDGET MESSAGE
The ¢~ty man,~¢,'~ Mayor's message shall explain the budget both in the fiscal terms
and in terms of the work programs. It shall outline the proposed financial policies of the City for the
ensuing fiscal 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 ~
Mayor deems desirable.
SECTION 5.04 BUDGET.
The budget shall provide a complete financial plan of all City funds and activities for
the ensuring fiscal year and, except as required by law, or this Charter, shall be in such form as the
Mayor eit2rmanager deems desirable, or the City Commission may require. In organizing the budget,
the city-manager Mayor 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 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 City Commission. The Mayor eity-mam~r shall prepare and
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submit to the City Commission a five (5) year capital program on or before
July 1 st 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 (5) 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.
(c)
Notice and hear_.~g The City Commission shall publish in one (1) 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 (2) weeks after such publication,
for a public hearing on the capital program.
(d)
Adoption. The City 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 Mayor eib,
nmnager certifies that there are available for appropriation revenues in excess
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of those estimated in the budget, the City Commission may make
supplemental appropriations for the year up to the amount of such excess.
Co)
Emergency a~orot)riations To meet a public emergency affecting life, health,
property or the public peace, the City 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 City
Commission may, by such emergency ordinance, authorize the issuance of
emergency notes, which may be reviewed from time to time, but not later than
the last day of the fiscal year 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 ~ Mayor that the revenues available will be
insufficient to meet the amount appropriated, he or she shall report to the City
Commission without delay, indicating the estimated amount of the deficit, any
remedial action taken and recommendations as to any other steps to be taken.
(d)
Transfer of appropriations. At any time the-citymamger Mayor may request
that the City 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 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 maj or capital expenditure,
shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered.
An appropriation for a specified major capital expenditure shall continue to 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 (3) years pass without any disbursement from or encumbrance
of the appropriation and may be transferred to the general fund.
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SECTION 5.09. ADMINISTRATION OF BUDGET.
(a)
Work programs and allotments. At such time as the Mayor eitymamrger shall
spec!fy, 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 Mayor c~ shall review and authorize
such allotments with or without revision as early as possible in the fiscal year.
The Mayor cit3rn~mag~ 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
obligations incurred against any allotment or appropriation except in
accordance with the appropriations duly made and unless the Mayor 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. EI,ECTION OF MAYOR AND CITY COMMISSIONERS; DATES OF
REGULAR AND RUNOFF E!,ECTIONS.
The regular municipal election of the City shall be held on the first Tuesday after the
first Monday in March of each election year.
City Commission seats are hereby designed as Mayor and seats 1, 2, 3, and 4.
Candidates for the offices of Mayor and City Commissioner shall file to qualify for that specified City
Commission seat as provided by law.
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SECTION 6.02. SAME-- 0UAL1FICATIONS OF CANDIDATES --FORM OF OATII.
Any person who is a resident of the City and has qualified as an elector there may
become a candidate for nomination to the office of Mayor or to a City 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 fifty-seven (57) days, and not later than
noon on the forty-six (46) days prior to the day of holding the next regular election.
SECTION 6.03. NAMES TO BE PLACED ON BALLOT FOR REGULAR ELECTION.
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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 City Commission seats shall be placed upon the regular
election ballot in alphabetical order for a City Commission seat to be voted upon. City Commission
seats shall be listed on the ballot in their numerical order.
Runoffelection ballots shall be in the same form as prescribed herein for the regular
municipal election ballot.
SECTION 6.04. CITY COMMISSION TO DECLARE PERSON ELECTED
All candidates elected as Mayor or to the City Commission by regular election shall
take office on the first Tuesday after the first Monday in April immediately following the regular
election. All candidates elected by special election shall take office after certification of the election
results by the City Commission.
SECTION 6.05. ABSENTEE VOTING.
Absentee voting shall be permitted in City elections in the same manner as may be
provided in State elections.
SECTION 6.06. QUALIFICATIONS 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 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
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method, manner, and conduct of all elections 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 City Commission and, if the City 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 City Commission of any adopted ordinance an, if the City Commission fails
to repeal an ordinance so reconsidered, to approve or reject it at a City election, provide that such
power shall not extend to the budget or capital program or any emergency ordinance or ordinance
relating to appropriation or money or levy of taxes.
SECTION 7.02 COMMENCEMENT OF PROCEEDINGS~ PETITIONER' COMMITTEE;
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AFFIDAVIT
Any five (5) 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 City Clerk shall
issue the appropriate petition blanks to the petitioners' committee.
SECTION 7.03 PETITIONS.
(a) Numbe~ures. Initiative and referendum petitions may be signed by
qualified voters of the City equal in number to at least fifteen percent (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.
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(c) Affidavit of circulation Each paper of a petition shall have attached to
it, when filed, an affidavit executed by the circulation thereof stated 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 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 thirty (30) days after adoption by the City Commission of the ordinance sought to be
reconsidered.
SECTION 7.04. PROCEDURE AFTER FILING
(a) Certificate of clerk; amendment. Within twenty (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 City Clerk within two (2) days after receiving the copy of the City
Cler.k'.s certificate and files a supplementary petition upon additional papers within ten (10) days after
rece~vmg 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 (5) days after it is filed the
City 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' committee by certified mail as in the case of an
original petition. Ifa petition or amended petition is certified sufficient, or ifa petition or amended
petition is certified insufficient and petitioners' committee does not elect to amend or request the City
Commission to review under subsection (b) of this section with the time required, the City Clerk shall
promptly present the certificate to the City Commission and the certificate shall then be a final
determination as to the sufficiency of the petition.
(b) City Commission review. Ifa 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 (2) days after receiving the copy of such
certificate, file a request that it be reviewed by the City Commission. The City Commission shall
review the certificate at the next meeting following the filing of such request and approve or
disapprove it, and the City 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 ora new petition for the same purpose.
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SECTION 7.05.
ORDINANCE.
REFERENDUM PETITIONS; SUSPENSION OF EFFECT OF
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)
(2)
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(4)
there is a final determination of insufficiency of the petition; or
the petitioner's committee withdraws the petition; or
the City Commission repeals the ordinance; or
thirty (30) days have elapsed after a vote of the City Commission on the
ordinance.
SECTION 7.06. ACTION ON PETITION.
(a) Action by City Commission When an initiative or referendum petition has
been finally determined sufficient, the City 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 City Commission fails to adopt a proposed initiative ordinance without any change in
substance within sixty (60) days, or fails to repeal the referred ordinance within thirty (30) 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 electorate on a proposed or
referred ordinance shall be held not less than thirty (30) 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 (15~) day preceding the day scheduled for a vote of the
City electorate by filing with the City Clerk a request for withdrawal signed by at least four (4)
members of the petitioners' committee. Upon the filing of such request, the petition shall have not
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
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 (1) receiving
the greatest number of affirmative votes shall prevail 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.
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ARTICLE VIII. GENERAL PROVISIONS
SECTION 8.01. CHARTER AMENDMENT.
(a) Pr_.rg. posal 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 (15~) 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 petitioner 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 containing the complete text of the proposed amendment and published in one
or more newspapers of general circulation in the City at least thirty (30) days prior to the date of the
election. The election shall be held not less than sixty (60) and not more than one hundred twenty
(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
ora special election shall be within the discretion of the commission.
(c) ~mendment. Ifa 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 times is therein fixed, thirty (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
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provisions to any person or circumstance is held invalid, the application of the charter and its
provisions to other persons or circumstances shall not be affected thereby.
ARTICLE IX. TRANSITIONAL PROVISIONS.
SECTION 9.01. OFFICERS AND EMPLOYEES (Drafter's Note: This Section included
for historical purposes only.)
(a) Rights and privileges 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 th 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. (Drafter's Note: This
Section included for historical purposes only.)
(a) Transfer of powers. Ifa 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) Pro ert 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. (Drafter's Note: This Section included for
historical purposes only.)
All rights, claims, actions, orders, contracts, and legal or administrative proceedings
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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 (Drafter 'sNote: This Section included
for historical purposes only.)
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 (Drafter 'sNote: ThisSection included for
historical purposes only.)
The City Commissioners seated on the effective date of this new charter shall remain
seated until their respective successors are elected and take office as mandated by the new charter.
The terms of the Mayor and of the two (2) Commissioners which expire January 2,
2001, are hereby extended to April 3, 2001. The terms of the two (2) Commissioners which expire
January 5, 1999, are hereby extended to April 6, 1999.
SECTION 9.06. EFFECTIVE DATE (Drafter's Note: This Section included for historical
purposes only.)
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. FORM OF BALLOT.
The form of the ballot for the Charter amendments provided for in this Ordinance shall
be as follows:
CHARTER AMENDMENT ON CITY MANAGEMENT,
ADMINISTRATION BY MAYOR AND CITY COMMISSION
INSTEAD OF CITY MANAGER
The City Charter provides for the unelected City Manager to act as the professional
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administrative head of City government. The proposed amendment would move the powers and
duties of the unelected City Manager to the elected Mayor as a member of the City Commission. The
Cty s admtnlstrat~ve functions would be vested ~n the e ected Mayor. The position of City Manager
would be eliminated.
Should the Charter be amended?
YES
NO
SECTION 3. REFERENDUM ELECTION.
A referendum election is hereby called to be held on the same date as the general City election
on March 4, 2003 to present to the electors of the City of Sanford the ballot question provided in
Section 2 of this Ordinance or as otherwise worded in an enabling resolution of the City Commission
as may be needed to conform to the requirements of the Florida Election Code or to better state the
proposals submitted to the electors ofthe CityofSanford The Supervisor of Elections of Seminole
County is hereby requested to coordinate all matters relating to the said referendum election with the
City Clerk.
SECTION 4. 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 Section 3 of this Ordinance with the Supervisor of Elections
for Seminole County.
SECTION 5. INCLUSION IN CHARTER OF THE CITY OF SANFORD.
If the proposed amended 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 liberal authority
to codify the Charter of the City of Sanford in terms of making appropriate technical or editorial
changes and notes that do not affect the substantive provisions thereof
SECTION 6. SEVERABILITY.
Should any section, paragraph, sentence, clause, phrase or other part of this Ordinance be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity
of this Ordinance as a whole or any portion thereof, other than the part so declared to be invalid.
Underlined text is an addition to the existing City Charter text and c.t ~;l;~. cute are text deletions from the existing text from the existing City
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SECTION 7. EFFECTIVE DATE.
The provisions of this Ordinance shall take effect immediately upon enactment. The proposed
amended the Charter of the Ci(y of Sanford set forth in Section I of this Ordinance, shall become
effective only upon approval at the March 4, 2003 referendum election of the electors of the City of
Sanford in accordance with the provisions of Section 166.031, Florida Statutes, and, if approved by
the electorate of the City of Sanford, on May 1, 2003.
PASSED AND ADOPTED this 23rd day of December, 2002.
MAYOR BRADY IfES~ARD
ATTEST?
CLE~K, JANE'~/R. DOI~HERTY
As the City Commission of the City
of Sanford, Florida.
l:\LngXCities~2002\Sanford\Ordinances\Total Cha~er Ordinance 1-02-03.wpd
Red text is an addition to the existing City Charter text and c.t :',',;c ;;.17. are text deletions from the existing text from the existing City
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