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HomeMy WebLinkAboutOrdinance 2017-12 Amending Sec. 2-83 - Correcting an Inconsistency in the CodeORDINANCE 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 stFikeeu4 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 t-ie 1 R,.., is R4eF flie first day e fDeraeffiber next s eedi g the eleetion 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, Mari ATTEST: 4 ANDREA LOREN?O- LUACES City Clerk APPR �D AS TO LEGAL FORM AND SUFFICIENCY FO - 'CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: June 12, 2017 Legal Ad Published: June 29, 2017 Effective Date: July 10, 2017 City of Winter Springs Ordinance No. 2017 -12 Page 3 of 3