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Home My WebLink About2004 05 10 Public Hearings 404 COMMISSION AGENDA Consent ITEM 404 Informational Public Hearing X Regular May 10. 2004 Meeting Mgr. I Att. / Dcpt. REQUEST: The City Attorney presents to the City Commission for tne first reading Ordinance No. 2004-25 amend.ing Chapter 2, Article TV, entitled "Elections," of the City of Winler Springs Code of Ordinances. PURPOSE: The purpose of this ordinance is to amend Chapter 2, Article TV of the CityofWinter Springs Code of Ordinances by amending the dates for candidates to qualify for municipal elections, amending the election assessment to comply with State Statutes, and amending language to comply with State Statutes. APPLICABLE LAW AND PUBLIC .POLICY: 1. City and State of Florida .Election Codes. CONSIDERATIONS: 1. The Seminole County SupervisorofEleetions has notified tne cities that they need to submit names and issues to appear on the November ballot no later than the day aftcr the Primary Election, which is held nine weeks prior to the date of the General Election. Page 1 of 3 2. At this time, Sections 2-87 and 2-88 ofthe City Code should also bc updated to comply with current State Statutes. 3. The City of Casselberry and City of Longwood have recently amended their qualifying periods to the time same period set forth in Ordinance No. 2004-25. 4. The proposed amendment to the City Code is required for purposes of coordinating an orderly and efficient election with the Seminole County Supervisor of Elections. STAFF RECOMMENDATION: The City Attorney and City Clerk recommend that Ordinance No. 2004-25 be passed on First Reading and advertised for Second and Pinal Reading.. ATTACHMENT: Ordinance No. 2004-25. COMMISSION ACTION: Page 2 of 3 ORDINANCE NO. 2004-25 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO ELECTIONS; AMENDING THE DATES OF CANDIDATES TO QUALIFY FOR MUNICIPAL ELECTIONS; AMENDING THE ELECTION ASSESSMENT TO COMPLY W1TH STATE ST A TUTES; AMENDING LANGUAGE TO COMPLY WITH STATE STATUTES; PROVIDING FOR THE REPEAl, OF PRIOR INCONSISTENT ORDTNANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, AND AN EFFECTIVE DATE. WHEREAS, Seminole County Supervisor of Elections has notified the cities that they need to submit names and issues to appear on the November ballot no later than the day after the Primary Election, which is held nine weeks prior to the date of the General Elections; and WHEREAS, the existing qualifying period for the City of Winter Springs nccds to be amended to allow this to occur; and WHEREAS, sections of the Code of Ordinance conflicts with State Statutcs and the City Commission desires to update the Code; and WHEREAS, thc City Commission of the City o[Winter Springs. Florida, hereby finds lhill ordinance to be in the best interests ofthe public health, safety, and wel rare ofthe citizens of Winter Spring~. NOW, THEREFORE, THE CITY COMMISSION OF,THE CITY OF WINTER SPRINGS HRREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. The City of Winter Springs Code, Sections 2-87 and 2-88 are hereby amended as follows: (underlined type indicates additions and !otl ;k.eoLl:t type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the aSterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City oCWinlcr Springs Ordinnncc No, 2004-25 I'age I of ) Chapter 2 - Administration ....... ArtJcle IV Elections '" .,If< Sec. 2-87. Qualification of candidates. Each candidate seeking the office of city commissioner or mayor or any other elective office oflht\ city shall file a petition signed by fifteen (15) registered voters of lhe city with the city clerk. Each candidate seeking the office of city commissioner or mayor of any other elective offlce ofthe city shall have resided in the city one (J) year prior to the time of quallfying. Each candidate seeking the office of city commissioner shall be a resident ofa designated commission district as established by ordinance and shall have resided in the designated commission district six (6) months prior to the time of qualifying. Notwithstanding the above requirement, city commissioners shall run at large as commission candidates under district designation. All candidates for offices in municipal elections shall be registered and qualified electors of the city at the time of their qualifying as a candidate with the city clerk and shall file all appli,atioll d<..sigh"tiug tn., ofhce for which hc/sl,e is a c.al,didJ.tc. qualifying papers in accordance with State Statutes and pay the qualifying fee and eJection assessment provided for in section 2-88. Such application shall be filed and the qualifying . fee paid durin/! regular business hours anytime after 12:00 noon on thc first filing dale, which shall be seventy-one (71) days prior to the municipal election. but not later than 12:00 noon on the sixtv- seventh (67) day nrior tethe municipal election. excluding Saturday, Sunday. and legal holidays. b"t"" "en tile. fi1!t dtL) ofSc..pt,mbei And t:he .fifteenth do\) ofSc.ptc.mbcI, dttrjn~ ~ 1,;(.1. t11~ orr.c;" oJ.all be. opell Eo! qualifying ek,tion. See. 2-88. Qualifying fees. All candidates for city commission and mayor, qualifying as provided in this Code, shall pay a qualifying fee of one hWld.red fifty dollars ($150.00) and an election assessment requir~d bv Stale Slatule. The qualifying fee and the election assessment shall be paid to the city clerk and be paid by the clerk into the general fund of the city. Within 30 days after the close of Qualifying, the city clerk shall forward the elections assessment to the Deoartment of State. Anv person seeking to qualify for city commission or mayor who is unable to pay the election assessment without imposing an undue burden on their personal resources otherwise available to them shall, upon v..ntten certi fication of such inability under oath to the city clerk. be exemot from paying the election assessm\)nL ......... Ci[y of Winter Spring~ Ordinance No. 2004-2S P:\gc 2 of 3 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be ohanged or modified as necessary to effectuate the foregoing. Section 5. 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 oflhis ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and as provided by City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of I 2004. 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 Ordinance No. 2004-25 r ~ge J of .3