HomeMy WebLinkAbout2017 07 10 Public Hearings 400 Ordinance 2017-12, Second Reading, Section 2-83 Update for ConsistencyCOMMISSION AGENDA
ITEM 400
REQUEST:
Informational
Consent
Public Hearings
X
Regular
July 10, 2017 KS ALLL
Regular Meeting City Manager Department
The City Clerk and the City Attorney are requesting to advise the City Commission about a
minor inconsistency between the City's Code of Ordinances, (Section 2 -83.) and the City's
Charter, specifically Section 4.03., and presenting Ordinance 2017 -12 for Second and Final
Reading which if approved, will provide a simple and easy remedy to the conflicting
sections.
SYNOPSIS:
This Agenda Item is being provided to the City Commission related to a
minor inconsistency in the City's Code and the City's Charter, and as an easy solution,
Ordinance 2017 -12 is being provided which will resolve this minor discrepancy. This
Agenda Item relates to the Second and Final Reading of this proposed Ordinance.
CONSIDERATIONS:
The following are two (2) excerpts from the City's Charter /Code of Ordinances and the
highlighted text shows a minor inconsistency:
Charter:
Section 4.03. - Election and terms.
(a) The regular election of mayor and commissioners shall be held at the time provided for
in Section 8.01 of this Charter. All elections shall be for four -year terms of office. The
terms of the mayor and commissioner shall begin at the next scheduled regular or special
meeting of the city commission of each year an election is held, and its members shall serve
until their successors have taken office.
(b) City commission seats are hereby designated as seats one, two, three, four and five.
Public Hearings 400 PAGE 1 OF 3 - July 10, 2017
(c) The mayor shall be limited to three (3) consecutive full terms of office. Commission
members shall be limited to three (3) consecutive full terms of office. The mayor or any
commission member who has served three (3) consecutive full terms of office after having
been out of office for a period of one (1) year, shall be eligible for election to successive
three (3) consecutive full terms of office; provided however, this limitation shall not
prohibit a person who has served three (3) consecutive full terms of office as mayor from
qualifying and being elected as a commission member; nor shall this limitation prohibit a
person who has served three (3) consecutive full terms of office as a commission member
from qualifying and being elected as mayor of the city.
Code of Ordinances:
Sec. 2 -83. - Municipal elections to be general elections.
Municipal elections held as provided in this article shall be general municipal elections and
no other municipal primary or general election shall be necessary. The successful
candidates determined as provided in this article shall be the duly elected officers for their
respective offices and shall take office on the first Monday after the first day of December
next succeeding the election.
This Agenda Item is requesting the City Commission approve a modification so that the
City's Code can be revised making it consistent with the City's Charter, as shown in the
attached Ordinance 2017 -12 which is being presented to the City Commission at this time
for Second and Final Reading.
FISCAL IMPACT:
The only immediate Fiscal Impact related to this proposed Ordinance and Agenda Item
would be legal advertising costs required to advertise this Ordinance, and that cost is
expected to amount to no more than approximately $300.00.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at six (6) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
Ordinance 2017 -12 went before the Mayor and City Commission for First Reading at the
June 12, 2017 City Commission Regular Meeting. Ordinance 2017 -12 was advertised on
June 29, 2017 in the Orlando Sentinel.
RECOMMENDATION:
Staff recommends that the City Commission approve Ordinance 2017 -12 on Second and
Public Hearings 400 PAGE 2 OF 3 - July 10, 2017
Final Reading.
ATTACHMENTS:
A - Ordinance 2017 -12 and a copy of the related Legal Ad
Public Hearings 400 PAGE 3 OF 3 - July 10, 2017
Attachment A
ORDINANCE NO. 2017 -12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING SECTION 2 -83 OF THE WINTER
SPRINGS CITY CODE RELATING TO MUNICIPAL
ELECTIONS FOR PURPOSES OF PROVIDING
CONSISTENCY WITH THE CHARTER OF THE CITY OF
WINTER SPRINGS; PROVIDING THAT TERMS OF
ELECTED OFFICIALS SHALL BEGIN AS PROVIDED IN
THE CHARTER; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, Section 4.03(a) of the Charter of the City of Winter Springs, Florida was
amended and approved by the voters at an election held on November 2, 2010; and
WHEREAS, the amendment to the Charter established that the terms of the mayor and
commissioners shall begin at the next scheduled regular or special meeting of the city commission
of each year an election is held, and that its members shall serve until their successors have taken
office; and
WHEREAS, the City Commission desires to amend Section 2 -83 of the City Code to be
consistent with the Charter; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this ordinance to be in the best interests of the 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 hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,
Chapter 2, is hereby amended as follows (underlined type indicates additions and str-ikeetrt type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing
City of Winter Springs
Ordinance No. 2017 -12
Page I of 3
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):
Chapter 2 — Administration
ARTICLE IV. — ELECTIONS
Sec. 2 -83. - Municipal elections to be general elections.
Municipal elections held as provided in this article shall be general municipal elections
and no other municipal primary or general election shall be necessary. The successful candidates
determined as provided in this article shall be the duly elected officers for their respective offices
and shall take office an the firstM,,,,day after- the first day ofDe.embe- ae�Et s eedi g the
eleetiee as provided in section 4.03(a) of the Charter of the City of Winter Springs, Florida.
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
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
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 of this 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 pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 10th day of July, 2017.
City of Winter Springs
Ordinance No. 2017 -12
Page 2 of 3
CHARLES LACEY, 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:
Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2017 -12
Page 3 of 3
Thursday, June
Deadlines
Legal Classified Deadlines
Departme;
Sunday 5 p.m. Thursday
Sunday 3 p.m. Thursday
Billing assistat
Thursday 5 p.m. Friday
Monday 1 p.m. Friday
Classified dis;
Friday 5 p.m. Wednesday
Tuesday 1 p.m. Monday
Home delivery
Saturday 5 p.m. Thursday
Wednesday 1 p.m. Tuesday
Legal advertis
Thursday 3 p.m. Friday
Retail display
"Applies to all real estate classifications
Friday 3 p.m. Wednesday
No cancellations or changes after deadlines
Saturday 3 p.m. Thursday
Photo deadlines are 48 hours before
published deadlines.
General
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To cancel or correct an in- column ad
Check your ad for errors the first day. Orlando
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Help Wanted: hw @or
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Cancellation numbers will be issued at the
insertion and no greater extent than the cost of space
Legal: classified_lega
time of cancellation of the ad. This is your
occupied by the error. The publishes assumes no
Real Estate: re @odar
record of cancellation.
financial responsibility for errors of omission of type.
Transportation: trans(
[ALegal
%**4 IVoGices
BOWDEN WEST COMMUNITY DEVELOPMENT
DISTRICT
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING TO
CITY OF WINTER SPRINGS CONSIDER THE ADOPTION OF THE
NOTICE IS HEREBY GIVEN THAT FISCAL YEAR 2016/2017 BUDGET;
THE CITY COMMISSION AND NOTICE OF REGULAR BOARD
PROPOSES TO CONSIDER: OF SUPERVISORS' MEETING.
ORDINANCE NO. 2017 -12
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE
COUNTY. FLORIDA: AMENDING
AND
PUBLIC HEARING
FOR SECOND READING
WILL BE HELD ON
MONDAY, JULY 10, 2017 AT 5:15 P.M.
OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED
AT THE WINTER SPRINGS CITY
HALL, 1126 EAST STATE ROAD 434,
WINTER SPRINGS, FLORIDA. THE
CITY COMMISSION RESERVES
THE RIGHT TO POSTPONE OR
CONTINUE THE PUBLIC HEARING
ON THIS ORDINANCE AT THIS
MEETING WITHOUT FURTHER
NOTICE.
The Proposed ordinance may be
inspected by Interested parties
between 8 a.m. and 5 P.m., Monday
through Friday, at the City's Clerk's
Office, located at 1126 East State Road
434, Winter Springs, Florida. For
appear at the meeting and be heard
with respect to the proposed ordinance.
Persons with disabilities needing
assistance to participate in any of
these proceedings should contact
the Employee Relations Department
Coordinator, 48 hours in advance of the
meeting at (407) 327 -1800, Extension
236. These are public hearings. If you
decide to appeal any recommendation/
decision made by the City Commission
with respect to any matter considered
at this meeting, you will need a record
of the Proceedings, and for such
purposes, you may need to ensure that
a verbatim record of the Proceedings is
made upon which the appeal is based.
Interested parties are advised that
they may appear at the meeting and
be heard with respect to the proposed
ordinance.
OS5021812 612912017
The Board of Supervisors of the Dowden
West Community Development District
will hold a public hearing on Thursday,
July 20, 2017 at 9:00 a.m. at the Offices
of GMS -CF, LLC, 135 W. Central
Blvd., Suite 320, Orlando, FL 32801
for the purpose of hearing comments
and objections on the adoption of the
budgets of the District for Fiscal Year
2016/2017. A regular board meeting of
the District will also be held at that
time where the Board may consider
any other business that may properly
come before it.
A copy of the agenda and budget may
be obtained at the offices of the District
Manager, located at 135 West Central
Boulevard, Suite 320, Orlando, Florida
32801, Ph: (407) 841 -5524, during normal
business hours.
The public hearing and meeting
are open to the Public and will
be conducted in accordance with
the provisions of Florida law for
Community Development Districts.
The public hearing and meeting may
be continued to a date, time, and place
to be specified on the record at the
meeting.
There may be occasions when
Supervisors or staff may Participate by
speaker telephone.
Any person requiring special
accommodations at this meeting
because of a disability or physical
impairment should contact the District
Office at (407) 841 -5524 at least forty -
eight (48) hours prior to the meeting.
If you are hearing or speech impaired,
Please contact the Florida Relay
Service at 1- 800 - 955 -8770, for aid in
contacting the District Office.
Each Person who decides to appeal
any decision made by the Board with
respect to any matter considered
at the public hearing or meeting is
advised that person will need a record
of proceedings and that accordingly,
the person may need to ensure that
a verbatim record of the Proceedings
is made, including the testimony and
evidence upon which such appeal is to
be based.
George S. Flint
M
District anager
Governmental Management Services -
Central Florida, LLC
OS5043543 6129, 716117
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