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HomeMy WebLinkAbout2005 09 12 Public Hearing Item 402 COMMISSION AGENDA ITEM 402 Consent Informational Public Hearing x Regular September 12. 2005 Mgr. / . [1/11 V( ~j Att. / Dept. Meeting REQUEST: The City Attorney requests that the City Commission adopt Ordinance 2005-26 on Second Reading. The Ordinance revises Section 2-57 to make it gender neutral. PURPOSE: The purpose of Ordinance 2005-26 is to make section 2-57 gender neutral consistent with Section 162.05, Florida Statutes. APPLICABLE LAW AND PUBLIC POLICY: 1. Section 162.05, Florida Statutes. 2. Florida Municipal Home Rule Powers Act. CONSIDERATIONS: 1. At the June 27, 2005 City Commission meeting, the City Commission directed that Section 2-57 be amended to make it gender neutral. 2. The City Conunission's direction is consistent with section 162.05, Florida Statutes. It appears that the City Code mirrored the prior language of the Florida Statutes which was also amended to make the statutes gender neutral. Page 1 of 2 ., STAFF RECOMMENDATION: The City Attorney recommends that the City Commission adopt Ordinance 2005-26 on Second Reading. ATTACHMENT: Ordinance 2005-26 COMMISSION ACTION: Page 2 of 2 _J ORDINANCE NO. 2005-26 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE III, SECTION 2-57, REGULATING MEMBERSHIP, APPOINTMENT, AND QUALIFICATIONS OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the purpose of this ordinance is to make the wording in section 2-57 gender neutral consistent with section 162.05, Florida Statutes; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests ofthe public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Adoption of Amendments to the Code. The Code of Ordinances for the City of Winter Springs, Chapter 2, Article III, Section 2-57 is amended as follows: (underlined type indicates additions and sttikeout type indicates deletions). Sec. 2-57. Membership; appointment; qualifications. The code enforcement board shall consist of seven (7) members to be appointed by the city commission. Appointments to the board shall be on the basis of experience or interest in the fields of zoning and building control. The membership of the enforcement board shall, whenever possible, include an architect, a businessman businessperson, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law. City of Winter Springs Ordinance No. 2005-26 Page 1 of 2 .. . r .. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida; and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2005. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordimince No. 2005-26 Page 2 of 2