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Home My WebLink About2017 06 12 Public Hearings 401 Ordinance 2017-12, First Reading, Section 2-83 Update for Consistency COMMISSION AGENDA Informational Consent ITEM 401 public Hearings X Regular June 12, 2017 KS ALLL Regular Meeting City Manager Department REQUEST: 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 which would 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. 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. (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 Public Hearings 401 PAGE 1 OF 3-June 12,2017 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 First 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 $250.00. 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 is anticipated to be advertised on June 29, 2017. RECOMMENDATION: Staff recommends that the City Commission approve Ordinance 2017-12 on First Reading and move this Ordinance to Second Reading. ATTACHMENTS: Public Hearings 401 PAGE 2 OF 3-June 12,2017 A: Ordinance 2017-12 (3 Pages) Public Hearings 401 PAGE 3 OF 3-June 12,2017 ûÈÈÛÙÔÏ×ÎÈû 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 (underlinedtype indicates additions and strikeout type * * * indicates deletions, while asterisks () indicate a deletion from the Ordinance of text existing City of Winter Springs Ordinance No. 2017-12 Page 1 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 on the first Monday after the first day of December next succeeding the election 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