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Home My WebLink AboutOrdinance 259 Planning & Zoning Board ORDINANCE NO. 259 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, MANDATING AN AFFIRMATIVE VOTE OF THREE MEMBERS FOR THE PASSAGE OF ANY MEAS- URE OR ISSUE SUBMITTED TO THE PLANNING AND ZONING BOARD; REVISING THE METHOD BY WHICH MEMBERS COULD BE REMOVED FROM OFFICE; PRO- VIDING FOR SEVERABILITY; CONFLICTS AND EF- FECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, finds that it would be in the best interest of the City of Winter Springs, Florida, to require that measures put to the Planning and Zoning Board of the City of Winter Springs, Florida, be passed by an absolute majority in number of members of the Board in order to avoid an instance where a measure could be approved by the Planning and Zoning Board of the City of Winter Springs, Florida, without an affirmative vote of the majority of the total membership of the Board and WHEREAS, the present manner of removal of members of the Planning and Zoning Board for absences from meetings is deemed unsatisfactory. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: Section I. Section 44.06 of the Code of Ordinances of the City of Winter Springs, Florida, is hereby amended to read as follows: The term of office of the members of the Planning and Zoning Board shall run from the second Friday in July and each member appointed shall serve for a term of two (2) years, or until hsi successor is appointed and qualified. Except however, the first board appointed under this ordinance shall serve terms as follows: Seats two (2) and Four (4) shall serve the full two- year term ending July 10, 1982. Seats one (1), three (3), and five (5) shall serve a one-year term ending July 10, 1981. Vacancies on the board may be filled by the Commission member whose seat number corresponds with the vacant Planning and Zoning Board seat subject to Commission ratification. If any Commissioner fails to appoint a member within two (2) regularly scheduled Commission meetings after a vacancy occurs or a term expires, that seat will be filled by the Mayor, subject to the ratification by City Commission. Members shall be subject to removal from office by the Commission for failure to perform their duties or other misconduct in office or automatically for failure to attend three (3) meetings within any twelve month period of time. For purposes of removal, an absence from a specially called meeting of the Board shall count the same as an absence from a regularly scheduled meeting. Section II. Section 44.09 of the Code of Ordinances of the City of Winter Springs, Florida, is hereby amended to read as follows: The Planning and Zoning Board shall meet at least once each calendar month at a time set by its members. A special meeting may be called at any time by the Chairman or any three (3) of its members if the need should arise. Three members shall constitute a quorum. No action by the Planning and Zoning Board, except a vote to adjourn or to continue a matter to a subsequent date, shall be valid or binding unless adopted by affirmative vote of three (3) or more members of the Board. Complete records of all proceedings shall be kept. Section III. If any section or portion of this Ordin- ance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. Section IV. That all ordinances or parts of ordinances in conflict herewith are hereby repealed., Section V. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED and ADOPTED this 26 day of January, 1982. CITY OF WINTER SPRINGS, FLORIDA By: Troy J. Piland, MAYOR ATTEST: Mary T. Norton CITY CLERK TE LEPHONE (305) 327.1800 . """" .- .; WINTER SPRINGS. FLORIDA ZIP CODE 32708 CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING NOTICE is hereby given by the City Commission of the City of Winter Springs, Florida, that said Commission will hold a public hearing on an ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, MANDATING AN AFFIRMATIVE VOTE OF THREE MEMBERS FOR THE PASSAGE OF ANY MEAS- SURE OR ISSUE SUBMITTED TO THE PLANNING AND ZONING BOARD; REVISING THE METHOD BY WHICH MEMBERS COULD BE REMOYED FROM OFFICE; PROVIDING FOR SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p. m. on Tuesday. January 26. 1982 , or as soon thereafter as possible in the Commission Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs, Florida. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Interested parties may appear at this hearing and be heard with respect to thiq proposed ordinance. Please be advised that, under State Law, if you decide to appeal a decision made with respect to this matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made. Dated this 28t&ay of December '~, , 19 81. CITY OF WINTER SPRINGS, FLORIDA ~T~ Mary T. Norton, City Clerk I""" ~ LAW OFFICES JONES, MORRISON & STALNAKER, P. A. 400 MAITLAND AVENUE ALTAMONTE SPRINGS, FLORIDA 32701 MICHAEL D. .JONES WILLIAM H. MORRISON WALLACE F. STALNAKER, .JR. MIKEL W. CARPENTER ALBERT R. COOK .JEFFERSON C. SALTER (30S) 834-8866 December 24, 1981 Mary Norton, City Clerk City of Winter Springs, Florida 400 N. Edgemon Avenue Winter Springs, Florida 32708 Re: Ordinance Numbers 259 and 260 Dear Mary: Enclosed please find copies of Ordinance Nu in final form including the changes directed at the December 22 meeting. It is this form posted prior to the public hearing at the ne meeting. ers 259 and 260 by the Commission that should be t commission Sincztur · ALBERT R. COOK ARC/SO Enclosures cc: City Manager ..J!I'i; tl,..,~ f?~ r5t~\o... , .1'~ ~\\., '.\,., .~,.,........- ~ .. '/ . ". f.' . \f" UE.e 2. 8 \98" .. ~\~'9 Sfl\"'S 01 Qlt _ \\1't - II Sentinel Star Company]] Publi.h~d Daily Orlando. Or.n~f' Counl~'. Florida ADVERTISING CHARGE $36.04 ~htte of ,1F'Ioribn t COUNTY OF ORANGE \ 55. who on oath says that she is the Legal Advertising Representative of the Sentinel Star, a Daily newspaper Before the undersigned authority personally appeared Betty M. Kinney day CITY OF WINTER SPRINGS; FLORIDA NOTICE OF PUBLIC HEARING NOTICE IS hereby given by the. City CommIssion of the City of WiDter Springs, Florida, Ihat said Commis- Sion WIll hold a publiC hearl~,g on an ordinance entitled as follows' AN ORDINANCE OF THE CITV OF WINTER SPRINGS, FLOR- IDA, MANDATING AN AFFIf'l- MATIVE VOTE OF THREE MEMBERS FOR THE PAS- SAGE OF ANY MEASURE9fI ISSUE SUBMITTED TO THE PLANNING AND ZOWNG BOARD, REVISING ,HE METHOD BY WHICH MEM- BERS COULD BE REMOY~O FROM OFFICE, PROVIDING FOR SEVERABILITY, ctfN'- FLlCTS AND EFFECTIVE DATE. . '" This Public Hearing will be hera-at 7:30 p. m. on Tuesday, January 26, 1982 or as soon thereafter as- pos~ sible in the Commission Chamber, City Hall, 400 N. Edgemon Avec, Winter Springs. Florida. , ., , Copies of the proposed ordinance- are available in the office 9~, the City ,Clerk for inspection. ,Intere~ted parties may appear al Ihls heamig and be heard with respect tf.t'llIS proposed ordinance ' Please be advised that. under State Law. if you decide to appeal a-'de- cision made with respect to thIs matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made Dated this 28th day of December, . 1981. CITY OF WINTER SPRINGS, FLORIDA /s/ Mary T. NortO,n Mary T. Norton, City Clerk CL-311 Janl~19B2 published at Orlando, in Orange County, Florida; that the vertisement, being" Notice of Public Hearing Ordinance mandating affirmative vote of submitted to Planning and Zoning Bo~rd 1n the attached copy of ad- in the matter of three members Court, was published in said newspaper in the issues of January 1, 1982 Affiant further says that the said Sentinel Star is a newspaper published at Or- lando, in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Orlando, in said Orange 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/she 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. Swom ~o and subscribed before me this ~ ~~.- ~", .~ ~~"'-"-'--'i'- I-'J '\ '_~ 4th of January 82 A..D., 19_ ))J /2 ' / ,/.. c...<A: .In . /J1 ~--rT.~ Notary Public 1ri'-'-'7'\ ~ Notary Pubric:, SiiJk of F~'::Hida at L3rge My COnl'T,issiC'n E::pir2s r,1.Jj 14. 1 '?ffG>RM NO, AD-262 8r.)nded by P";I~cfi~~bn Fi?"0 & Ca:;uc,ity Co'.