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Home My WebLink About2018 11 19 Public Hearings 402 Ordinance 2018-07, Second Reading, Commission Meeting Start Time Change to 6:00pmCOMMISSION AGENDA ITEM 402 Informational Consent Public Hearings X Regular November 19, 2018 KS Regular Meeting City Manager Department REQUEST: The City Attorney and City Manager recommend that the City Commission consider, at its discretion, adopting proposed Ordinance No. 2018-07 on Second and Final Reading amending the start time for regular City Commission meetings to 6:00 p.m. SYNOPSIS: Section 4.13(a) of the City Charter expressly authorizes the City Commission to prescribe the time of its regular meetings by rule. Such rules must be consistent with other applicable laws. The City Commission's current start time of 5:15 p.m. is set forth in Code Section 2- 27. At the October 8, 2018 City Commission meeting, the City Commission directed that the City Attorney and City Manager prepare and present an ordinance proposing to change the start time of regular commission meetings from 5:15 p.m. to 6:00 p.m. Ordinance No. 2018-07 was prepared in furtherance of the City Commission's direction and is being presented for a public hearing on First Reading. The City Commission passed the Ordinance on First Reading on October 22, 2018. CONSIDERATIONS: 1. Section 4.13(a) of the City Charter expressly authorizes the City Commission to set the time of its regular meetings. 2. In order to effectuate the direction of the City Commission, Ordinance No. 2018-07 proposes to change the start time of regular commission meetings from 5:15 p.m. to 6:00 p.m. The existing City Commission rules regarding the start time of its regular meetings Public Hearings 402 PAGE 1 OF 3 - November 19, 2018 are codified in Section 2-27(k) of the City Code. 4. Ordinance No. 2018-07 contains the following amendment to Code Section 2-27(k): Changes the start time of regular City Commission meetings from 5:15 p.m. to 6:00 p.m. 5. The City Commission passed the Ordinance on First Reading at the October 22, 2018 regular City Commission meeting, and discussed at that time making the Ordinance effective for regularly meetings occurring on and after January 1, 2019 to allow for the orderly transition to the new time in conjunction with the start of the new calendar year. As such, the effective date of the Ordinance has been modified to become effective on January 1, 2019. 6. The City Attorney and City Manager request that the City Commission take whatever action is necessary regarding proposed Ordinance No. 2018-07 based on what the City Commission deems in the best interests of conducting the business of the City Commission in an orderly, efficient and legal manner. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS: Home Rule Powers Section 4.13(a) of the Winter Springs City Charter Section 2-27(k) of the Winter Springs Code of Ordinances FISCAL IMPACT: There is no direct fiscal impact related to the adoption of the Ordinance other than staff and attorney time to prepare the Ordinance. 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. RECOMMENDATION: Staff recommends that the City Commission consider, at its discretion, adopting Ordinance Public Hearings 402 PAGE 2 OF 3 - November 19, 2018 No. 2018-07 on Second and Final Reading amending the start time for regular City Commission meetings to 6:00 p.m. effective on January 1, 2019. ATTACHMENTS: Ordinance No. 2018-07 and Copy of Legal Ad Public Hearings 402 PAGE 3 OF 3 - November 19, 2018 ORDINANCE NO. 2018-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 2-27 TO PROVIDE THAT REGULAR CITY COMMISSION MEETINGS SHALL START AT 6:00 P.M.; 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 Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.13 of the City Charter provides that the City Commission shall meet regularly at least once every month at such times and places as the Commission may prescribe by rule; and WHEREAS, pursuant to the requirements of the City Charter, the City Commission has established regular City Commission meeting times in Section 2-27 of the City Code, which currently requires that such meetings shall be scheduled to commence at 5:15 p.m. on the second and fourth Monday of every month; and WHEREAS, the City Commission desires to modify Section 2-27 of the City Code to require the City Commission regular meetings to be scheduled to commence at 6:00 p.m. commencing on January 1, 2019. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Section 2-27 of the City Code is hereby amended as follows (underlined type indicates additions and stfikeet4 type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 2-27. It is intended that the text in Section 2-27 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 2-27. — Rules and procedures of the city commission — Generally. (k) Starting time of meetings. Regular city commission meetings shall be scheduled to commence at 545 p.m. 6:00 p.m. on the second and fourth Monday of every month unless otherwise approved by the city commission. Special and emergency city commission meetings shall be scheduled as needed at a date and time established by the mayor, city commission or city manager, City of Winter Springs Ordinance No. 2018-07 Page 1 of 2 and whenever practicable, upon no less than twelve (12) hour notice provided to the mayor, city manager, city clerk, city attorney and each member of the city commission. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or 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 on January 1, 2019 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 19th day of November, 2018. 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 Charles Lacey, Mayor City of Winter Springs Ordinance No. 2018-07 Page 2 of 2 Legal Ad: First Reading: October 22, 2018 Second Reading: November 19, 2018 D4 I Orlando Sentinel Th—d y, November 8, 2018 CL. I ,.sIE'"ED Orlando Sentinel To place an ad: ♦ o1:LANnospxrlNeL.com/wnvesrlse ♦ Cnc L Soo -669-5757 exam 9— To 6 pm. 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