3916EMERGENCY ORDINANCE NO. 3916
AN EMERGENCY ORDINANCE OF THE CITY OF SANFORD,
FLORIDA RELATING TO THE DATE OF THE 2005 CITY OF
SANFOR1) RUNOFF ELECTION; PROVIDING FOR LEGISLATIVE
FINDINGS; PROVIDNG THAT THE RUNOFF ELECTION FOR THE
CITY'S 2005 ELECTION WILL OCCUR ON MARCH 29, 2005 AND NOT
MARCH 22, 2005; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION AND PROVIDING
FOR AN EFFECTIVE DATE AND FURTHER ACTION BY CITY STAFF.
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 enacted Ordinance Number
3905 which pertains to the administration of City of Sanford elections and the City Commission
has taken additional steps to further implement the administrative requirements for holding a City
election on March 8, 2005; and
WHEREAS, the Charter of the City of Sanford provides that that nmoff election
pertaining to the March 8, 2005 election will occur two (2) weeks after the March 8, 2005
election; and
WHEREAS, discussions by City staff with the office of the Supervisor of Elections for
Seminole County have resulted in the conclusion that the short time period between the March 8,
2005 election and the runoff relating to that election (March 22, 2005) would adversely impact
the availability of absentee ballots and, indeed, could adversely impact the runoff election as a
whole due to the potential unavailability of ballots; and
WHEREAS, the City Commission of the City of Sanford has determined that it is in the
best interests of the citizens of the City of Sanford to delay the runoff election one (1) week by
holding the subject runoff election on March 29, 2005 as opposed to March 22, 2005; and
WHEREAS, the provisions of Section 166.021 (4), Florida Statutes, provide as follows:
"The provisions of this section shall be so construed as to secure for municipalities the
broad exercise of home rule powers granted by the constitution. It is the further intent of
the Legislature to extend to municipalities the exercise of powers for municipal
governmental, corporate, or proprietary purposes not expressly prohibited by the
constitution, general or special law, or county charter and to remove any limitations,
judicially imposed or otherwise, on the exercise of home rule powers other than those so
expressly prohibited. However, nothing in this act shall be construed to permit any
changes in a special law or municipal charter which affect the exercise of extraterritorial
powers or which affect an area which includes lands within and without a municipality or
any changes in a special hw or municipal charter which affect the creation or existence of
a municipality, the terms of elected officers and the manner of their election exeept for the
selection of election dates and qualifying periods for candidates and for changes in
terms of office necessitated by such changes in election dates, the distribution of powers
among elected officers, matters prescribed by the charter relating to appointive boards,
any change in the form of government, or any rights of municipal employees, without
approval by referendum of the electors as provided in s. 166.031. Any other limitation of
power upon any municipality contained in any municipal charter enacted or adopted prior
to July 1, 1973, is hereby nullified and repealed." (Emphasis added); and
WHEREAS, the provisions of Section 166.041 (3) (b), Florida Statutes, provide, in
pertinent part, that "[t]he governing body of a municipality may, by a two-thirds vote, enact an
emergency ordinance without complying with the requirements of ... (State law)."; and
WHEREAS, the City Commission has determined that the enactment of this Ordinance
by means of the emergency ordinance enactment provisions of State law is in the best interests of
the citizens of the City of Sanford and will ensure that the City elections which will occur in
March, 2005 will be accomplished in a manner that maximizes the ability for voters to participate
in the electoral processes and minimizes the likelihood on confusion occurring during the course
of the election process.
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. This Ordinance has been enacted with the requisite super-majority vote as
required by State law.
SECTION 2. RUNOFF CITY ELECTION DATE. The runoff election date for the
City of Sanford 2005 election shall be March 29, 2005 and not March 22, 2005. The City
Manager and City Clerk shall take all necessary actions to implement the change in the rtmoff
election date.
SECTION 3. CONFLICTS. All ordinances or part of ordinances in conflict be and the
same are hereby repealed.
SECTION 4. SEVERABILITY. If any provision of this 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 5. CODIFICATION. This Ordinance shall not be codified.
SECTION 6. EFFECTIVE DATE/FURTHER ACTION. This Ordinance shall
become effective immediately upon its adoption. The City Manager, City Clerk and City Attorney
shall take appropriate action to recommend potential amendments to the Charter of the Ci(y of
Sanford to address timing issues pertaining to City of Sanford elections.
PASSED and ADOPTED this 15th day of February, 2005.
Attest:
City Commission of the City of Sanford,
Florida
MAWR BP~YLEssARD
JANET R. DOUGHERTi~, CITY (~ERK
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~ 3916, PASSED AND ADOPTED by the
City Commission of the City of Sanford, Florida, on the 15th day of February, 2005, was posted at
the front door of the City Hall in the City of Sanford, Florida, on the 16~ day of February, 2005.
R. Dougherty
As The City Clerk of the
City of Sanford, Florida