HomeMy WebLinkAboutOrdinance 95 New Code of Ordinances
ORDINANCE NO. 95
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF
ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA;
ESTABLISHING.THESAME;PROVIDING FOR THE REPEAL OF
CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT
AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE
MANNER OF AMENDING SUCH CODE OF ORDINANCES; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
CITY OF WINTER SPRINGS, FLORIDA:
Section 1. That this ordinance, consisting of Chap-
ters 1 to 16, .and Appendix A, .each inclusive, is hereby
adopted and enacted as the'''CODE OF ORDINANCES of the City
of Winter Springs," and shall be treated and considered as
a new and original comprehensive ordinance which shall super-
sede all other general and permanent ordinances passed by
the City Council, prior to December 18,1972,except such
as by reference thereto are expressly saved from repeal or
continued in force and effect for any purpose.
Section 2 That all provisions of such Code shall be
in full force and effect thirty days from date this ordinance
becomes law and all ordinances of a general and permanent na-
ture of the City of Winter Springs enacted on final passage
on or before DeceIriber 18, 1972, and not in such Code or rec-
ognized and continued in force by reference therein are here-
by repealed from and after the effective date of this ordi-
nance, except as hereinafter provided. That no resolution of
the City, not specifically mentioned, is here by repealed.
Section 3. That the repeal provided for in Section 2 .
hereof shall not affect any of the following:
(1) Any offense or act committed or done or any pen-
alty or forfeiture incurred or any contractor
right established or accruing. before the effec-
tive date of this ordinance,
(2) Any ordinance or resolution promising or guarante -
ing the payment of money for the City, or author-
izing the issue of any bonds of the City or any ei-
dence of the City , indebtedness, or any contract
or obligations assumed by theCity;
(3) Any administrative ordinances or resolutions of
the City not in conflict or inconsistent with
the provisions of such Code;
(4) Any right of franchise granted by any ordi-
nance;
(5) Any ordinance or resolution dedicating, naming,
establishing, locating, relocating,opening,
paving, widening, vacating, etc., any street
or public way in the city;
(6) The annual appropriation ordinance;
(7) Any ordinance levying or imposing taxes;
(8)Any zoning ordinance or amendment to the zoning
map;
(9) Any ordinance establishing and prescribing the
street grades of any street in the city;
(10) Any ordinance providing for local improvements
and as ing taxes therefor ;
(11) Any ordinance 'dedicating or accepting any plat
or subdi vision in the' 'city;
(12)' Any ordinance .eX:terid~g the boundaries of the
City;
(13)' Any ordinancees'tablishi'ng or relating to the
municipal court.
Such repeal shall not beconsrtrued to: revive any
ordinance or part thereof that has been xepealed bya sub-
sequent ordinance which 'is repealed by' this ordinance.
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S'e'c'tiotl -4. Any andal1addi tionsoramendments,to
such 'Code, ,when passed in such form as to indicatethe'in-
tentionof the City Council to make the same a partthere,-'
of, ,shall be: deemed to beinoorporated in such Code so that
refer:enceto the Code of Ordinances 'of the'City of Winter
Springs shall be: understood and intended to include such ad-
ditionsand amendments.
, S'e:dtioh:5. A copy of such Code shall be: kept on file '
in the office of the City Clerk, preserved in looseleaf form,
or in such other form as the' 'City Clerk may consider mos tex-
pedient. It shall be: the express duty of the City Clerk or
someone 'authOrized by him, ,to insert in their designated
places all amen'dmerits or ordinances which indicate the in-
tentionof the City Council to make the same a part of such
Code when the same havebe:eri printed or reprinted in page
form, and to extract from such Code all provisions which 'may
be from time to time repealed by'the'City of Winter Springs.
This copy of such Code shall be available 'fora11 persons de-
siring to examine the same and shall be con s,ide red the of-
ficial Code of Ordinances of Winter Springs.
S'e'ctio'n6. In case of the amendment of any section
of such 'Code 'for which a penalty is not :provided,the,general
perialtyas provided in Sectionl~8of such Code shall apply
to the section as amended; orin case such 'amendmen'tcon tains,
provisions for which 'a penalty:, ,other than the: 'aforementioned
, general penalty, ,is provided in suchoth'er section shall be:
held to' relate to the'section so'amended, un1esssuchpenalty
isspecifica11yrepealed therein.
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, Sec'tic>n '7. It shall be unlawful for any' person, firm
or corporation in the 'City to change or amerid by additions
or deletions, 'any part or portion of such Code , ,or to insert
or delete pages or portions, thereof, ,or to alter or tamper
with 'such 'Code in any manner whatsoever which will cause the' .
law of the' City of Winter Springs to be 'misrepres'entedthe're-
by. Any person, ,firm or corporation violating this section
shall be pun is he'd as provided in Section 1-8 of the' 'Code of
Ordinances of the'City of Winter Springs, .Florida.
'Section 8,. All ordinances or parts 'of ordinances in
conflict herewith are , .to the extent of such :conflict, ,here-
by repealed.
, Section: .9. Thi:s ordinance shall bedomeeffective on
the'thirtieth day 'after passage.
PASSED AND ADOPTED on' , , ir..: Liz..i.;.A..-.:y.' .
')Y:, 197~.
FIRST READING:.'
o~~ /~ " 197t
SECOND READING:
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CITY LERK'
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CITY OF WINTER SPRINGS,
FLORIDA
NOTICE OF A PUBLIC HEARING TO
CONSIDE~ THE ADOPTION OF AN
ORDINANCE BY THE CITY OF WINTER
SPRINGS, FLORIDA
NOTICE IS HEREBY GIVEN by the City Council of the
City of WINTER SPRINGS, FLORIDA, that said City Council
will hold a public hearing at 7:30 p.m. or as soon
thereafter as possible, on Wednesday, January 16, 1974,
to consider the adoption of an ordinance by the City of
WINTER SPRINGS, FLORIDA, title of which is as follows:
AN ORDINANCE OF THE CITY OF
WINTER SPRINGS, FLORIDA,
ESTABLISHING ANNEXATION FEES
OF THE CITY OF WINTER SPRINGS,
FLORIDA; REPEALING CONFLICTS;
SEVERABILITY AND EFFECTIVE DATE
and to consider the adoption of an ordinance by the City
of WINTER SPRINGS, FLORIDA, title of which is as follows:
AN ORDINANCE ADOPTING AND ENACTING
A NEW CODE OF ORDINANCES OF THE CITY
OF WINTER SPRINGS, FLORIDA; ESTABLISH-
ING THE SAME; PROVIDING FOR THE REPEAL
OF CERTAIN ORDINANCES NOT INCLUDED THEREIN,
EXCEPT AS HEREIN EXPRESSLY PROVIDED;
PROVIDING FOR THE MANNER OF AMENDING
SUCH CODE OF ORDINANCES; AND PROVIDING
WHEN THIS ORDINANCE SHALL BECOME
EFFECTIVE
A copy shall be available at the office of the City
Clerk of the City of Winter Springs,' ,Florida, for all
persons desiring to examine same.
ALL INTERESTED PARTIES are invited to attend and be
heard.
THIS NOTICE is to be published in The Sanford
Herald, a newspaper of general circulation in said
City one {ll time at least 15 days p~ior to the time
of the public hearing.
DATED this 26th day of December,A. D. 1973.
Please publish: December 26, 1973.
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LAW OFFICES OF
THOMAS G, FREEMAN
THOMAS G. FREEMAN
EDMUND T. WOOLFOLK
January 15, 1974
POST OFFICE BOX 54-a
1007 HIGHWAY 436
ALTAMONTE SPRINGS, FLORIDA 32701
TELEPHONE (30S) 831-1896
Mrs. Mary T. Norton
City Clerk
Winter Springs City
Winter Springs, Fl
Hall
32707
Re: Public Hearings January 16, 1974
Dear Mary:
Enclosed is the Proof of Publication together
with a bill from The Sanford Herald for payment.
Please file the Proof in the appropriate file.
Sincerely yours,
LAW OFFICES OF THOMAS G. FREEMAN
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Thomas G. Freeman
TGF:m1m
Enclosure
M~oFr~
Subject:
Copies To:
Item:
1.
2.
3.
4.
5.
6.
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Feb. 8, 1974
Irwin S. Hunter
Things to Consider in concern to the Mayor's
Veto of the Adoption of the Codification
Ordinance
Mayor McClain
Councilman Piland
Councilman Booth
Councilman Outlaw
Councilman Van Eepoel
Attorney Thomas Freeman
The initial cost was estimated at $3,400.00
Municipal Code Inc. are only waiting for our
acceptance of the codification ordinance; they
are finished printing and are in the process of
binding all the pages.
A contract for this work was signed-under law a
city must fullfill its contracts.
Upon signing the contract the City paid
Municipal Code Inc. $1,000.00, with a second
$1,000.00 paid later, making the figure paid
$2,000.00 already paid.
Mr. Thomas Calhoun, Attorney and Florida Bar
M~ber, did the editing of the codes to insure that
theiE function would remain intact when reprinted
by Municipal Code Corp.
Due to the above mentioned facts, if the City does
not adopt the codification ordinance we will have
to pay the cost as defined in the contract or face
legal action. With $2,000.00 paid the remaining
cost of printing and work done is approxtmately
$1,000.00 we will have to pay $3,000.00 total and
not receive anything.
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1105 Gator Lane
Maitland, Floriaa 32751
February 10, 1974
Honorable Mayor McClain
1 North Fairfax
Winter Springs, Florida
Dear Mayor McClain,
It has been reported in the Sentinel Star and in The
Sanford Herald that you do not understand Winter Springs
Ordinance #95. I don't either. We are certainly in good
company, however, because City Attorney Tom Freeman stated
at a city council meeting that he does not understand it.
Since there is a lack of understanding, I commend your veto
of it, and I hope the City Council will uphold that veto
until more information is available.
That is not to say that I am against codification of
the city ordinances. Certainly I have spent enough time
thumbing through pages of ordinances to realize the value
of improved organization.
A critical question about Ordinance #95 was asked and
left unanswered at the first reading. Shouldn't wedetermine
just what changes in our laws were made? It appears that
the changes were so great as to make the list of those ~
repealed short enough to print in the ordinance. Another
question concerns future amendments. Shouldn't provisions
be made so that they appear as part of the ordinances they
change, instead of as entirely separate ordinances as they
do now? It seems that the present method of amending is a
large cause of the need for codification and, if continued,
will necessitate constant updating of the work.
I hope that Ordinance #95 can be clarified so that
the city can obtain the benefit of cOdification.
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Sincerely,
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WINTER" SPRINGS, ':lFlORIDA
TELEPHONE
322-8133
February 5, 1974
Winter Springs City Council
Re: VETO OF ORDINANCE #95
CODIFICATION OF ORDINANCES
Gentlemen:
As Mayor and Chief Executive of this City,
1 feel 1 must take this step because of the doubt 1
have to the actual content of this Ordinance.
1 feel the citizens have not received a
clear explanation of the ~portance of this ordinance.
We need to know the exact ~pact the ordinance will
have on this City and its residents.
1 am asking the Council to please re-
consider their VOTE, and uphold my VETO.
Respectfully yours,
a;C:4rf~
Roy E. McClain,
Mayor
mn
City of ~jinter Springs
CIty Hall
FEB 5 1974
RECEIVED
WINTER SPRINGS, FLORIDA
ZIP CODE 32707
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CITYOF___~
WINTER SPRINGS, '
, FLORIDA
NOTlCEOF PUBLIC HeARING TO
CONSIDER THE ADOPTION OF
AN ORDINANCe:: BY THE CITY OF
WINTER SPRI""GS, FLORIDA
NOTICE IS, REBY GIVEN by
the City Co . of the City of
WINTER S GS, FLORIDA,
that said C unci! will hold a
public hearin'g"at 7:30 p,m, or as
soon thereafter as possible, on
Wednesday, January 16, 1974, to
consider the adoption of an or-
dinance by the City of WINTER
SP RINGS, F LOR I DA, title of which
is as follows:
AN ORDINANCE OF THE CITY
OF WINTER SPRINGS, FLORIDA,
ESTABLISHING ANNEXATlbN
FEES OF THE CITY OF WINTER
SPRINGS, FLORIDA;
REPEALING CONFLICTS;
SEVERABILITY AND EF-
FECTIVE DATE
and to consider the adoption of an
ordinance of the City of WiNTER
SPRINGS. FLORIDA, t';tle I)f which
is as follows:
AN ORDINANCE ADOPTING
AND ENACTI NG A NEW CODE OF
ORDINANCES OF THE CITY OF
WINTER SPRINGS, FLORIDA;
ESTABLISHING THE SAME;
PROVIDING FOR THE REPEAL
OF CE_TAIN ORDINANCES NOT
'INCLUDED THEREIN, EXCEPT
AS HEREIN EXPRESSLY
PROVIDED; PROVIDING FOR
THE MANNER OF AMENDING
SUCH CODE OF ORDINANCES;
AND PROVIDING WHEN THIS
ORDINANCE SHALL BECOME
EFFECTIVE
A copy shall be available at the
office of the City Clerk of the City of
Winter SprihQs, Florida, fOr all
persons desiring to examine same,
ALL INTERESTED PARTIES
ARE INVITED TO ATTEND AND
BE HEARD,
THIS NOTICE istobe published in
The Sanford Hera Id, a newspaper of
general circulation in said City one
(1) time at least 15 days prior to the
time of the public hearing,
DATED this 26th day of Decem-
ber, A,D, 1973,
S: Mary T, Norton
City Clerk
City of Winter
Springs, F I
PubliSh: ~, 26, 1973
DEW,126
wqt ~autnrb 1Lirrul~
An Independent Newspaper
SANFORD, SEMINOLE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF SEMINOLE
Before the undersigned authority personally appeared """..,."."",...""...,..
,~.~~~~.~.~~..~~...~.~~~.?~,....,..,......",......"...., who on oath says thatfbe is
Comporo1ler
. , . . . . .. , , . . , . . . . , , , , . . , . . . . , , , , . . ' , , , , . , , , , " of the SANFORD HERALD, a Newspaper Pub-
lished at Sanford, in Seminole County, Florida; that the attached c~y of advertisement,
being a ........................... ,~e g~ ~,.N.C?~ ~~,~..,,,.... '.......'. in the matter of
.., .~<?1;:J,c;~. .9X. R~pJJ~, .n~,cp:),ng,. ,to, .c.o,nside.r., ado.p,tian. .of..".
.C?:r:?~,~,~~~~, ...~.~~y...?~,. ~~~~,::r:. .~.l?,~~~?~,~, ~lgf~,~~,.""""." Court,
was published in said newspaper in the issues of """"""...,.,........,.....,.,.,.",.
December 26, 1973
Affiant furtber says that the said SANFORD HERALD is a newspaper published at
Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been
continuously published in said Seminole County, Florida, and has been entered as second
class mail matter at the post office in Sanford, in said Seminole County, Florida, for a
period of one year next preceding the :fiIrst !publication of the attached c~y of advertise-
ment; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this ad-
vertisement for publication in the said newspaper.
Sworn to and subscribed before me this
26th
, , , , . . . . , . . , , . , . , , , . , , . . ' , , , , , , , , , , , , , " day of
December 73
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