AGENDA MEMORANDUM

Meeting Date: February 27, 2012

From: Betty Richardson, City Clerk

Subject: Ordinance calling for a referendum to be held November 6, 2012, for

the purpose of proposing to the electorate a revised City Charter

which updates and simplifies the charter as a whole

Analysis:

City Attorney Morrison prepared the Ordinance calling for a referendum as recommended by the Charter Review Committee and approved by the City Commission for voters to decide if the City of Leesburg should change the Charter of Leesburg, as attached.

As instructed by the Commission, the referendum will appear on the General Election ballot November 6, 2012, if this ordinance is adopted.

Options:

1. Adopt the ordinance calling for a referendum regarding the City of Leesburg Charter; or,

2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:

Several variables will determine the total cost of the referendum such as the increase in the number of voters because this is a “Presidential Year” and how Leesburg’s referendum increases the number of ballot pages. Currently, Leesburg has 11,000 registered voters and the page cost is $.13 per page. The cost, based on current information, will be approximately $1,500.00 (11,000 x $.13 = $1,430.00) The final cost will be placed in the 2012-2013 Election budget.

Submission Date and Time: 2/24/2012 10:39 AM____

Department: _City Clerk______________ Prepared by: BR_________________ Attachments: Yes____ No ____ Advertised: ____Not Required ______ Dates: __________________________ Attorney Review : Yes___ No ____ _________________________________ Revised 6/10/04

Reviewed by: Dept. Head ___BR__ Finance Dept. __________________ Deputy C.M. ___________________ Submitted by: City Manager ___________________

Account No. _001-1227-513-4920__ Project No. ___________________ WF No. ______________________ Budget ______________________ Available _____________________

ORDINANCE NO. _

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, CALLING FOR A REFERENDUM ELECTION TO BE HELD NOVEMBER 6, 2012, FOR THE PURPOSE OF PROPOSING TO THE ELECTORATE A REVISED CITY CHARTER WHICH UPDATES AND SIMPLIFIES THE CHARTER AS A WHOLE; PROVIDES FOR TERM LIMITS FOR CITY COMMISSIONERS; PROVIDES FOR A MINIMUM SIX MONTH RESIDENCY REQUIREMENT FOR CITY COMMISSION CANDIDATES; EXCLUDE ANY CONVICTED FELON FROM SERVING AS CITY COMMISSIONERS UNLESS HIS OR HER CIVIL RIGHTS HAVE BEEN RESTORED; ALLOWS THE CITY MANAGER TO CALL A SPECIAL MEETING OF THE CITY COMMISSION UPON WRITTEN REQUEST FROM THREE OR MORE COMMISSIONERS; PERMITS THE CITY COMMISSION OR ITS DESIGNEES TO ISSUE SUBPOENAS IN CONNECTION WITH ANY INVESTIGATION OF THE AFFAIRS OF THE CITY; PROVIDES A UNIFORM METHOD OF ACCEPTING THE CONVEYANCE TO THE CITY OF ANY INTEREST IN REAL PROPERTY; CONFORMS THE CHARTER PROVISIONS GOVERNING MUNICIPAL ELECTIONS TO STATE LAW; CONSOLIDATES AND SIMPLIFIES THE PROVISIONS IN THE CHARTER GOVERNING ADVISORY BOARDS, TASK FORCES AND CITIZEN COMMITTEES; PROVIDING FOR THE WORDING OF THE QUESTION TO BE PLACED ON THE BALLOT; PROVIDING FOR COORDINATION OF THE REFERENDUM ELECTION WITH THE SUPERVISOR OF ELECTIONS; PRESCRIBING THE DUTIES OF THE CITY CLERK; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE FOR BOTH THIS ORDINANCE AND THE REVISED CITY CHARTER, IF APPROVED BY THE ELECTORATE.

WHEREAS, the City Commission of the City of Leesburg, Florida, previously appointed a Charter Review Committee (the “Committee”) to conduct a comprehensive review of the Charter of the City of Leesburg and to recommend changes, deletions and additions to the Charter; and

WHEREAS, the Committee as a result of its meetings has produced a comprehensive revision to the Charter which was forwarded to the City Commission for its consideration, and

WHEREAS, at its regular meeting on January 23, 2012, the City Commission by a vote of 4 to 1 approved the changes in the Charter recommended by the Committee, and

WHEREAS, to implement the recommendations of the Committee will require approval by the voters of the City of Leesburg in a referendum election,

NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

SECTION I.

The City Charter is proposed to be amended to read as set forth in Exhibit “A” attached to this Ordinance, which is incorporated by reference into this Ordinance as if set forth fully herein.

A referendum election is hereby called to be held on November 6, 2012, to present to the voters of the City of Leesburg the ballot question provided for in this Ordinance. The Supervisor of Elections of Lake County, Florida, is hereby requested to coordinate all matters related to the referendum election with the City Clerk, the Division of Elections of the Florida Department of State, and the City Manager.

The City Clerk is directed to ensure that the advertising and notice requirements imposed by §100.342, Fla. Stat. (2011) (as it may be amended by the 2012 Florida Legislature) are complied with, and to coordinate with the Supervisor of Elections all activities necessary to conduct the referendum election.

SECTION II.

The question placed on the referendum ballot shall read as set forth below:

Shall the City Charter of the City of Leesburg, Florida be amended and restated in its entirety to update and simplify the Charter as a whole; provide for term limits for City Commissioners; provides for a minimum six month residency requirement for City Commission candidates; exclude any convicted felon from serving as city commissioners unless his or her civil rights have been restored; allow the City Manager to call a special meeting of the City Commission upon written request from three or more Commissioners; permit the City Commission or its designees to issue subpoenas in connection with any investigation of the affairs of the City; provide a uniform method of accepting the conveyance to the City of any interest in real property; conform the Charter provisions governing municipal elections to State law; and consolidate and simplify the provisions in the Charter governing advisory boards, task forces and citizen committees?

Yes

No

SECTION III.

If the proposed amendment to the Charter is approved by the voters in the referendum election, the provisions of this Ordinance shall become and be made the Charter of the City of Leesburg. The sections of this Ordinance may be renumbered or re – lettered to accomplish that purpose. The codifier of the Leesburg Code of Ordinances is granted liberal power and authority to codify the new Charter and in the process to make such harmonizing, technical or editorial changes and notes as are necessary so long as they do not affect the substantive provisions of the new Charter.

SECTION IV.

All ordinances or part of ordinances which are in conflict with this Ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so affected shall be hereby repealed in their entirety.

SECTION V.

If any portion of this Ordinance or the revised Charter is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this Ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of the ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

SECTION VI.

This Ordinance shall become effective upon its passage and adoption according to law. The revised Charter, if approved by the voters, shall take effect upon certification of the results of such referendum by the Supervisor of Elections.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the day of , 2012.

THE CITY OF LEESBURG, FLORIDA

BY:

MAYOR

Attest:

CITY CLERK