ORDINANCE NO. 12-1991 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF LONGWOOD, FLORIDA, CONCERNING ARTICLE III, SECTION 3.03(a) TO CHANGE THE ELECTION OF MAYOR TO BE SELECTED BY A RANDOM DRAWING FOR THE CITY COMMISSION ELECTED AT THE FIRST REGULAR COMMISSION MEETING IN MAY 2013 FOLLOWING RATIFICATION OF AMENDMENT AND THEREAFTER, THE MAYOR SHALL ROTATE AMONG THE FIVE (5) COMMISSION DISTRICTS IN AN ASCENDING NUMERICAL ORDER AND SERVE FOR A TERM OF ONE (1) YEAR; PROVIDING THAT SAID PROPOSED CHARTER AMENDMENT BE SUBMITTED TO THE VOTERS AT THE NEXT GENERAL ELECTION HELD ON TUESDAY, NOVEMBER 6, 2012; PROVIDING THAT IF APPROVED, SUCH AMENDMENT SHALL BE INCORPORATED INTO THE CITY CHARTER; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, Section 166.031, Florida Statutes, provides for the adoption of an ordinance submitting amendments to the s Charter to the electors of the City for approval; WHEREAS, the City Commission of the, Florida, has met and reviewed the City Charter; and WHEREAS, the City Commission has noted that, pursuant to 3.03(a) of the City Charter, the Commission elects from among its members an officer of the City who shall have the title of Mayor and serves at the pleasure of the Commission; and WHEREAS, the City Commission has determined it is in the best interest of the City for the election of Mayor to be selected by a random drawing at the first regular Commission meeting in May 2013 following ratification of amendment and thereafter, the Mayor shall rotate among the five (5) Commission districts in an ascending numerical order and serve for a term of one (1) year; and WHEREAS, the City Commission of the, Florida, proposes the following amendment to the Charter of the be submitted to the voters of the at the next General Election on Tuesday, November 6, 2012. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: Page 1 of 4
SECTION 1. Amendment #3. The following amendment to the Charter of the City of Longwood is submitted to the qualified electors of the and upon approval by the qualified electors, Section 3.03(a) of the City Charter shall be amended to read as follows: Section 3.03. - Mayor and deputy mayor. (a) The Commission shall elect from among its members officers of the City who shall have the title of Mayor and Deputy Mayor, each of whom shall serve at the pleasure of the Commission. The Mayor of the shall be selected from the members of the City Commission by a random drawing commencing at the first regular Commission meeting in May 2013 and serve for one (1) year. Thereafter, each year at the first regular Commission meeting in May, the office of Mayor shall rotate among the five (5) Commission districts in an ascending numerical order and serve for a term of one (1) year. The Mayor shall preside at meetings of the Commission, shall be recognized as head of the City Government for all ceremonial purposes and by the Governor for purposes of military law. The Mayor shall sign contracts, plats and similar documents approved by the Commission and which are traditionally signed by the Mayor. Other than previously authorized, the Mayor shall have no administrative duties. The Deputy Mayor shall act as Mayor during the absence or disability of the Mayor. Key: Delete, Bold & Strikethrough Insert, Bold & Underline SECTION 2. Amendment #3 Ballot Question. The ballot title and summary of the Charter amendment referenced in Section 1 herein, followed by the words yes and no shall be set forth as follows on the ballot at the regular election on November 6, 2012, for consideration by the qualified electors of the, Florida: PROPOSED CHARTER AMENDMENT QUESTION #3 CHARTER AMENDMENT CHANGING THE PROCEDURE FOR SELECTION OF MAYOR OF THE CITY OF LONGWOOD. Page 2 of 4
Shall the City Charter be amended to change the procedure for selection of Mayor from the Commission electing the Mayor among its members to the Mayor being selected by a random drawing commencing at the first regular Commission meeting in May 2013 and thereafter, the Mayor rotating among the five (5) Commission districts in an ascending numerical order and serving for a term of one (1) year? YES NO SECTION 3. Referendum. The forgoing proposed amendment to the Charter of the above and its accompanying ballot question contained herein shall be individually placed on the City ballot and submitted to the qualified voters of the City of Longwood at the next General Election on Tuesday, November 6, 2012. The qualified voters shall have an opportunity to vote on the proposed amendment to the Charter. Thereafter, the Charter of the, Florida shall be amended pursuant to the proposed amendment if such amendment receives yes or affirmative vote from the majority of the votes cast. The City Clerk of the is hereby authorized and directed to advertise the referendum election authorized herein in accordance with the applicable provisions of the City Charter, City Code, Florida Statutes, Florida Administrative Code, and federal law. In the event it becomes necessary to make modifications to the ballot question contained within Section 2 after adoption of this Ordinance, the City Commission may make such modification by Resolution. SECTION 4. Codification. It is the intention of the City Commission of the City of Longwood that the Charter Amendment proposed in Section 1 of this Ordinance shall become and be made a part of the Charter of the, Florida, if adopted by the qualified electors of the. Articles, sections, and subsections of the Charter may be renumbered or relettered for editorial and codification purposes and such renumbering and relettering shall not constitute nor be considered substantive changes to the charter amendment as adopted. SECTION 5. Severability. The provisions of this Ordinance are declared to be separable and if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, or phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. SECTION 6. Conflicts. In the event of a conflict or conflicts between this Ordinance and other ordinances, this Ordinance shall control to the extent such conflict exists. SECTION 7. Effective Date of this Ordinance. This Ordinance shall become effective immediately upon its passage and adoption. Page 3 of 4
SECTION 8. Effective Date of Proposed Charter Amendment. The proposed Charter Amendment set forth herein shall take effect if and upon certification of an affirmative majority vote of the qualified electors of the in favor of such at the November 6, 2012 referendum election. It is the intent of this Charter Amendment that the current Mayor will continue to serve as Mayor in accordance with the version of Section 3.03(a), City Charter existing on the Effective Date of this Ordinance until the selection of his successor occurs at the first regular Commission meeting in May 2013. FIRST READING: SECOND READING: PASSED AND ADOPTED THIS DAY OF, A.D., 2012. CITY OF LONGWOOD, FLORIDA Brian D. Sackett, Mayor ATTEST: Sarah M. Mirus, MMC, MBA, City Clerk Approved as to form and legality for the use and reliance of the, Florida, only. Daniel W. Langley, City Attorney Page 4 of 4