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HomeMy WebLinkAboutOrdinance 142 Charter Amendment ORDINANCE NO. 142 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, SUBMITTING AN AMENDMENT TO SECTION 4.05 OF THE CHARTER OF THE CITY OF WINTER SPRINGS, FLORIDA, TO THE ELECTORS OF WINTER SPRINGS, CALLING FOR A GENERAL ELECTION TO VOTE UPON THE CHARTER AMENDMENT; SEVERABILITY AND EFFECTIVE DATE. WHEREAS House Bill 3390, Laws of Florida, 1972, estab- lished the Charter of the City of Winter Springs, and WHEREAS in Section 4.05 thereof it provides that the Deputy Mayor shall fulfill the unexpired term of the Mayor in the event there occurs a vacancy in that office, and WHEREAS the City Council desires to submit to the electors of the City of Winter Springs an amendment to Section 4.05 of the Charter to require that the Deputy Mayor shall serve the unexpired term of the Mayor until the next municipal election, at which time a new mayor will be elected to fulfill the unexpired term. NOW THEREFORE THE CITY OF WINTER SPRINGS ORDAINS: 1. That in the event a vacancy occurs in the office of Mayor during the first year of his term, the Deputy Mayor shall fill the unexpired first year of that term, and the electors will elect at the next municipal elections following the vacancy, a mayor to serve the last year of the term in which the vacancy occured. 2. In order to accomplish the general purpose of Section 1 of this Ordinance, it is proposed that Section 4.05 of the Charter of the City of Winter Springs, House Bill 3390, Laws of Florida, 1972, be amdended from the existing language which reads as follows: SECTION 4.05. MAYOR. At each regular election, a mayor shall be elected for a term of two years. He shall pre- side at meetings of the council, shall be recog- nized as head of the city government for all ceremonial purposes arid be the governor for purposes of military law. The council shall elect from among its members a deputy mayor who shall act as mayor during the absence or disabi- lity of the mayor, and if a vacancy occurs, shall become mayor for the remainder of the unexpired term. The mayor of the city shall be the chief executive officer of the city and shall act and serve as chairman of the city council. The mayor shall not vote except in case of a tie vote of the council. The mayor may appoint a member of the city council to supervise and direct any particular phase of the government of the city. Within ten days after the adoption of any ordinance by the city council, the mayor shall have the power to veto said ordinance and return it to the council at the next regular meeting with a written message. It shall require a two-thirds vote of the city council to pass the ordinance after the mayor's veto. To be amended to read as follows: SECTION 4.05. MAYOR At each regular election, a mayor shall be elected for a term of two years. He shall pre- side at meetings of the council, shall be rec- ognized as head of the city government for all ceremonial purposes and be the governor for pur- poses of military law. The council shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs, shall become mayor for the remainder of the unexpired term or until the first municipal elections after the vacancy occurs whichever shall first occur. If a municipal election is held prior to the expira- tion of a mayor's term of office, the electors of the city shall elect a new mayor to fulfill the remaining unexpired term of office. The mayor of the city shall be the chief executive office of the city and shall act and serve as chairman of the city council. The mayor shall not vote except in case of a tie vote of the council. The mayor may appoint a member of the city council to supervise and direct any particular phase of the government of the city. Within ten days after the adoption of any ordinance by the city council, the mayor shall have the power to veto said ordinance and return it to the council at the next regular meeting with a written message. It shall require a two- thirds vote of the city council to pass the ordinance after the mayor's veto. 3. That the proposed Charter amendment above shall be submitted to the electors of the City of Winter Springs at the general election to be held on the~day of, ~ , 1976, and if a majority of the electors voting in the referendum vote for the Charter amendment, the amendment shall be incorporated into the Charter of the City of Winter Springs, and the Charter shall be revised and filed with the Department of State at which time the revised Charter shall take effect. 4. If any section or portion of a section or subsection of this Ordinance proves to be invalid, unlawfu, or unconstitu- tional, it shall not be held to invalidate or impair the validity, force or effect of any other section, or portion of section or subsection or part cf. this Ordinance. -2- ~. r- -. . # 5. Effective Date. This Ordinance shall take effect upon a majority of electors voting at the next general election to be held on the eX day of ~ , 1976 for the Charter amendment proposed herein. ATTEST: ~;:~ C1.ty lerk .~ ,-. ~, , . CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: 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 Monday, September 20, 1976, 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, SUBMITTING AN AMENDMENT TO SECTION 4.05 OF THE CHARTER OF THE CITY OF WINTER SPRINGS, FLORIDA, TO THE "ELECTORS OF WINTER SPRINGS, CALLING FOR A GENERAL ELECTION TO VOTE UPON THE CHARTER AMENDMENT; SEVERABILITY AND EFFECTIVE DATE. A copy of said Ordinance shall be available at the Office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine the same. All interested parties are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald, 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 20th day of August, 1976. CITY OF WINTER SPRINGS, FLORIDA BY: 2i3~ ~ RY N RTON, City Clerk GARY E. MASSEY 616 E. Semoran Blvd. Altamonte Springs, Fla. 32701 Attorney for City '- Evening Hetald Sworn to and subscribed before me this 25th . . . . , . , . , . . . , , , , , , , , . . . , . , , . . . , . . , , , day of .........,.....,A'I.lg~..,.....,A. D. 197.~, >.u~,>n..,.~ (SEAL) Notary Public .P~"?;.,..~4""" CITY OF . WINTIUt '....INGI, , . ',' ,Ji!L' 'T()'~::C"f1 'NOTICE IS the CltyCcillllcll of ,the Springs. Florida. that Council will hold a pUblk ,', at )~:=vJ"~=ry<,;~':t":' < 1976j1.i(toCOOjlllNill tilt, ..~iinj Ord!gtn the City of W" Sprl.., title of whlfh~t.. foil ' , , AN O,F T~CITY OF WI"",< 'NGS,f~9RIDA, SUBMITT ,NAAt\~ffDMENT T9 SECTI9t:<<~,"S AAF THE CHARTER 'OF.'tHE'~.TY OF WINTER SP!tINGS, F,,_IDA. TO THE Ell!: l\'4IINTER SPRINGS, G'!j:OR A GENE'RAL lito VOTE UPON, THE E R')'M\E NO, MENT; SEV BIL"" AND EFFECTIVE DATE. A copy of saId Ordlnanq",.1I be avallab~ at the Office~,.t!le City Clerk Of the CifYof Wln....;;.prlngs. Florida,'fOr a"~ons .'ring to examine the ~",e. . All lot., Its "'IilVlted , to attend _ rd. " IX(: THIS ,NO,>" II:J!' be published In '(the !tV.nlng Herald. a newspaper of'"..ner.1 circulation in said City. one 0> t1m. at least lS day' prior to theJlme of the PUblic hearlftg, , .';,. DATED thls2l/fh day of AuIiIust. 1976, " . City of Winter Springs. Floi'lda By: ~ry Norton. ;~ City Clerk . GARY e, MASSEY 616 e.$.mqrlln Blvd. AltamOl'lte' Sj)rlngs. Fill, 32701 Attor".., for City Publll!h: Aug. 25,1976 OEC.129 An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared",..".,.."",.,..""", Ruth Rowley s , . . , , . , . . . . . . . . . , . . . , , , , , . , , , , , . , . . . . , , , . , , , . . . , , , , , , , . , , . who on oath says that he is ...... .<?r.f,i:~.~..~~p~g~.l:',........ ..of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, ~~tfltc' '~:~~ing' 're:' 'Ordi'rian'ce" ~'Amend: 'Se~tlh~~4t:o~ , Circuit , ' , . . . . , , , . , , , , . . , . , , . , . , . . . . . , , , . . . , , . , . . , , , , , , . . . . , , . , . In the. , . . , . , . , , , , . . . . . Court, was published in said newspaper in the issues of. . . , . , , , , , , , . . . , . , . . . , , , . . , ' , . . . . . . , . .', .,. ~~g.~. ,~5.", ~,97~,."""",...,."",..."."""...""....",..,.,......, Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc" at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole Count~ 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 first publication of the attached copy of advertisement; 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 advertisement for publication in the said newspaper. Notary Pl:blic, State of Florida at Large. My Commission Expires June 18, 1979.