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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 Email you Orlando Sentinel reserves the right to classify, edit, reject, or cancel any ad. We do attempt to Ads can also I alphabetize ads within individual classifications; however, we do not guarantee alphabetical addresses lists placement, nor do we authorize credit for advertisements not alphabetized. The newspaper listed by cater reserves the right to revise advertising rates and/or zones at any time. Current contract holders place your ad will be notified in writing 30 days prior to a rate adjustment and all contracts are subject to this advertise. policy. Orlando Sentinel does not guarantee response. Cancellations Adjustments and credits Celebrations: celebrat To cancel or correct an in- column ad Check your ad for errors the first day. Orlando General Classified: cli Obituaries & In call 800 - 669 -5757 during ffice hours. g Sentinel will be responsible for the first incorrect � Help Wanted: hw @or wgor 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 Look for Orlando Sentinel CareerBuilder in Sunday's paper. .F ARE s .._. » ................ _..... "' - -.. WAxzCa! BASEBALL CARDS, AUTOGRAPHS, MEMORABILIA BEFORE 1885 Buy vintage sports collectibles. edadcards®aol.com 352 -589 -7981 FREON 12 WANTED Certified buyers pick up and pay co$h for R -12; refrigerantfinclers. com 312 - 291 -9169 FURNITURE FOR SALE Wood dining table W/ chairs $200, Writ Sofa $200, White chair w/ ottoman $150, Recliner $75. Call 239- 692 -5561 LIVING ROOM FURNITURE Couch $200, Rattan chair w /chest $150, Bookcase $75, Desk $125. 904 - 377 -0098 ORLANDO Garage sale will be on Friday July 7 and Sat July 8 th Address . 1515 Fox Bower-Rd , Orlando, 32825 from 7 am to 3 pm each day. Furniture and All House hold Items. Clothes. •w• MALTESE AKC MALE 8 weeks old male. First shots, H /C. No staining. $950. Daytona 386- 788 -8731 POMERANIAN Mole Pom 8 months old, champion sired, Orange sable, shots UTD including rabies, neutered , $1000.00 firm 386- 882 -7790 SAINT BERNARD St. Bernard Puppy, 8 weeks. 1st shots, $700, call if interested 321 - 262 -7260 SHIHTZU PUPS MALE/FEMALE 1st shots Health Cert sold as pets $850 Paper /outside trained 407 - 925 -7354 SIAMESE KITTENS 1 violet Point & 1Ghost Siamese $250 OBO 407- 851 -8406 RealEsbabe ■ ■ R ,+F " _. _:._; FREE KITTENS TO GOOD HOMES 9 kittens total to choose from. 10wks. Domestic short hair, mainly stripped & tuxedo. 407 - 840 -1899 or 407- 437 -3051 LABRADOODLE (AUSTRALIAN MULTI -GEN) Gorgeous, stocky build, wavy fleece coats, heath tested /certified parents, health guarantee, $1,500 386- 212 -1206 WINTER PARK WOODS CONDO 307 Scottsdale Sq., 785', 1/1, Newly, remodeled. $69.5K (407)922408 ORMOND BEACH 1/2 blk to Beach 312, garage, fncd vrd, $189,000. 352.843 -0799 or 407 -579 -0834 %r_F AIM Buying Unwanted/Unlo' Cars &Trucks, and Lai Model Wrecks for CAS ALL VEHICLES WANTED - $Cash$ for running or not rui vehicles John 352 -342 -7037 CHEVROLET EXPRESS 1500 - 2003 $9,000 Good Condition, grey, 8cyli - 516. 717.9476 21' SEA RAY 205 SPORT WITH TRAILER - 2006 Sea Ray 205 sport exc condition with trailer low hour $18000 darrell king 4072571685 Be the First to KNOT First to ACT. First to PROSPER.