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