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Ordinance 86-782AN ORDINANCE OF' THE CITY OF LONGWOOD, FLORIDA, ING AMENDMENTS TO THE C TEA OF T E C2TY ONGWOOD, F ORI DA, PURSOANTATO ARTICLE X, SECTION l0.Olia1, PROVIDING THAT SAID PROPOSED NDMENTS B BMITTED ON T BALLOT T THE ~ VOTERS A T GENERAL ELECTION O DESDAY, DECEMBERT2TH19s6X PROVIDING FOA SEPARABILITY, CONFLICTS AND EFFECTIVE DATE WHEREAS, the City Commission of the City of Longwood, Florida, appointed a Charter Advisory Committee pursuant to Article X, Section 10. O1 Icl of the City Charter for the purpose of reviewing the Charter of the City and submitting recommendations to the City Commission for proposed amendments or revrs ron of the Charter; and WHEREAS, the Charter Advisory Committee was duly organized and conducted public mee tl ngs which meetings resulted in cectain recommendations of the Charter Advisory Committee pertaining to proposed amendments or rev cs ron of the charter; and WHEREAS, the city Commission of the city of Longwood, el oriel a, has met and considered the recommendations of the Charter Advisory Committee, and the City Commission of the City of Longwood, Florida, proposed the following amendments to the Charter o£ the City of Long- wood to be submitted to the voters of the City of Longwood at the next gene[al election on Tuesday, December 2, 1986. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, As FOLLOWS: N 1: The following amendments are proposed to the Charter of the City of Longwood, Florida: ~ A. Article IiI, section 3.01 (al rs amended to read as follows: lai C ITION. There shall be a City Commission composed Of five Isi members. Each member shall reside in a designated geogra- phical distrcct, which districts shall contain as equal a number in population as pzacticable. B. Article II i, section 3.01 le7 cs amended to read as follows: fie) O F OFFICE. The oath of office shall be as follows: i do solemnly swear that ill support and uphold the Constitution and laws of the Dnited States and of the State of Florida; that I am qualified under the law to hold the office which 2 am about to ass and that I will fully discharge the duties of said office to the bes of my ability, so help me God." Newly elected and reelected members of the ity Commission will be sworn in within fifteen 1151 days following the date of the election oxp.NO. ~e2 PAGE 2 for all elections held in 1989 and later. The City Clerk will administer oath of office. C. Article III, Section 3.01 Igi ns amended to read as follows: 191 E TION AT L The governing body of the City of Longwood, Florida, consisting of five 151 commasslonexs shall be elected at large, notwithstanding the requirement that each com- mvssloner shall reside in a designated commvssvon distcict at the tome of qualification foz election, after election, and during his or her term of office. D. Article IV, Section 4. 0] is amended to read as follows: SECTION 4.03 - MENT ANp TERM 0£ OFFICE OF CITY OICLERK A TTORNEY. The City Commission by majority vote shall appoint the City Clerk and the City Attorney for an indefinite term at such compensation as vs deemed necees any and proper. Said Officers may be discharged for cause during their term of office by a fou=-fifths (4/51 majority vote of the City Commission. A motvon to discharge shall con- tarn the grounds upon which the motvon vs based. The date of the vote thereupon shall not occur at the same Commission meeting at which the mota on as made and duly seconded. Said office= affected shall be entitled to a public hearing upon request prior to the taking o£ the vote upon any motvon to discharge. E. Article 4, Section 4.06 is amended to read as follows: SECTION 4.06 - ACTING CITY A The City Commission shall appoint a qualified acting City Administrator to exercise the powers and perform the duties of the office of City Administrator during the temporary absence or disability of the City Administrator. The phrase "temporary aDSence from the City" shall not be deemed to rnclvde those absences which occur on a day to day basis in the conduct of the business of the City or absence from the City for the purpose of attending meetings, semv pars, con- ferences, etc., unless said attendance shall =equine the absence of the Administrator from the state fox a period of more than forty-eight 1481 hours. In no event shall an Act g City Administrator be appointed for a period exceeding 120 days. RD.NO. ]82 E 3 F. Article IV - Section 4. 0] I1) rs amended to read as 111 The City Administrator shall appoint and when the City Administrator deems it necessary for the good of the City, may 1 suspend or remove all City employees and department heads in accordance with the personnel rules of [he City of Longwood, Florida, adopted pvr- scant to the requirements of this Charter. ProV riled, however, that this authority will not include the City Clerk, City Attorney or Building official and provided further, that all suspended or discharged employees oe department heads may in accordance with the personnel policy have their suspension or discharge revvewed by the City Com- mrssron. The appointment and removal of the Building Official shall be subject to the applicable provisions of the Southern Standard Building Code. ~ G. Article V - Section 5.01 Ib) rs amended to read as follows: Ibl Direction by Administrator. All departments under the direction and supervision of the Administrator shall be administered by a Department Ne ad appointed by and subject to the dieec tion and supervrsion of the Administrator, pursuant to the personnel policies and rules of the City o£ Longwood, Florida. All such appointments shall be subject to confirmatlon by City Commission at the first regular or special commvsion meeting following the appointment. N. Article VI - Section 6.05 la) rs amended to read as follows: la1 Submission to Commission. mhe Administrator shall pre pa~ and submit to the Commission a five-year capital program by July 1 of each year. I. Article VI - Section 6. 0] Ibl is amended to read as Follows: (bl Adoption. The Commission by resolution shall adapt the capital program with or without amendment after the public hearing and on or before the last day of the current fiscal Year. ORN. N I82 PAGC 40 S Article VI - Section 6.10 (a) is amended to read as follow lal P and Oblivat s Prohibited. No payments shall be made or obligation vncurzed against any allotment or appropriatvon except in accordance with appropriations duly made and unless the Administrator first certifies that there is sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will bo available to cover the claim or meet the obligation when it becomes due and payable. Upon receipt of such certification, the City Commrssron shall direct payment of such claim or obligation in the ordinary course of business. Any authorrzataon payment or rncurring of obligation in violation of the provisions of this Charter shall be void and any payment so made illegal; such acts shall be cause for removal of any officer or employee of the City of f~ongwood, Florida, who knowingly authorized or made such payment or rncurxed such ob li ga[ion and said officer or employee shall be liable hurricanes or Eor other ac[rons required by state Saw such as legal advertising. Except where prohibited by law, nothing in thrs Charter shall be construed to prevent the making of contracts for capital improvements to be financed solely or partially by the issuance of bonds or to prevent the making of any contracts or lease providing for payments lal Regular Elections. TMC regulae City election shall be .he first Tuesday of November of each year. .. Article vIII - Section B.ol (d) is amended to read as Idl Conduct of Elections. Except as otherwise provided Dy .ter, all regular and special elections of the City of Lon shall be eonanetea in acnordan<~ with election Lawa of th Florrda and the Code of Ordinances o£ the City of c g o M. Article VIII - Section B. o2 is amended to read as '~ fo Slows: Section B. o2 - CANDIDATE QUALIFYING PROCEDURES. Sal Voters. Any qualified voter of the City may qualify for the City Commission as a district Commissioner. (b) puaiifyin A non-refundable qualityi ng fee equal to five I57 percent of the annual compensation shall be required of each candidate, or, if such candidate is unable to pay the qualifying Eee, then the candidate shall be required to qualify vn accordance with Eectvon 99.095 of the Florida Statutes. N. Article VIII - Section 6.03 is amended to read as follo:~ seetron e.D3 - oas. A Charter amendment to be voted on by the City shall be pre- sented for voting by ballot title and shall be a clear, consvse state- ment describing the substance of the measure without argument or prejudice. Below Che ballot title shall appear the following question: "Shall the above described (ordinance( lamendment) be adopted 2" Immediately below such question shall appear, in the following order, the word Yes and also the word "NO with a sufficient blank space thereafter for the placing of the symbol 'X to indicate the voter s choice or with a lever opposite "Yes or No if voting machines are1 used. o. Artrcie vxxx - sent>on e.oa ta( rs amenaea to reaa as follows: (a) General P Candidates for office of Commissioner under this Charter shall run within the Commission Dvstzrct rn which they reside and for which they shall qua L.ify, and be elected at large for such office by recevving the M1ighest number of votes cast. ORD. N0. J82 PAGE 6 P. Article V1 E2 - Section B. o9 Ib) vs amended to read as follows: Ibl T Votes. In the event of a the vote at a regular City Election, the candidates reserving the the votes shall be voted upon in an election designated as a run-off election" to be held on the second Tuesday following the date of the regular City Election. The candidate reserving the highest number of votes an such 'run- off election" shall be declared to have been elected to the office to be filled, q. Article VIII - Section B. o4 (c) vs amended to read as Follows: (c7 si ogle Candidate. In the event not more than one (11 person qualifies as a candidate for a designated seat on the Commission to be filled at an election, that candidate will be presumed to have vote for him/herself and will be automatrcal Sy elected without his/her name being listed on the ballot, Public Notice shall R. Article % - Section 10.01 (cl vs amended to read as follows: (c1 Charter A The City Commf ssion shall, from tome to [vme and not less than every three (31 years appoint a Charter Advisory Committee for the purpose of revvewing the Charter of the City and submitting recommendations to the Commission fox proposed amendments or revisions to the Charter. The Advisory Committee shall consvst of one I11 member representing each Commvasvon Ovstrr ct and continue in existence far a period not to exceed one 117 year. SECTION 2: The proposed amendments to the Charter of the City of Longwood as set forth above shall be individually placed on The City ballot and submitted to the voters at the next general election on Tuesday. December 2, 1986. The voters shall have an opportunity to vote on each separate proposed amendment to the Charter, which proposed amendment shall be placed on the ballot individually, and the Charter of the City of Longwood, Florida, shall be amended pursuant to each proposed amendment reserving a majority of votes cast. 52t The provisions of this Orv].inence are declaz ed s: cO b~ .,~ and i. any sn~tr sen ranee, clause or phrase of tl'~is Oro canoe. shall Eor any ccason be bald to be invalid or unc on..tvcut_ona1, sucM1 dacisloiM1 ~1ie 11 not affoot ine velidi ty o£ the remaining see ti On.,, .,cnten~e s, clausos and pTrasee o~F. tb is Ordi- nance buc t. mall reioarn rn ef_co it being the legislative rn Lent t _ this Ordl nance shall stand notwiths to nding the invelidlty at A11 ordinances' or pasts of oreex nances vn oonilict hareoii th be and Lne same are 1 Bled. V 5: 'Pnrs Ordinnncc. s1~e 11 become effeolive immodr to ly upon its Pas~age and e. o SLC9NU AS-_ ~° _..__ PASSLO ) 6. 1985.