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HomeMy WebLinkAboutOrdinance 260 Board of Adjustment ORDINANCE NO. 260 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 BOARD OF AD- JUSTMENT; REVISING THE METHOD BY WHICH MEM- BERS COULD BE REMOVED FROM OFFICE; PROVID- ING FOR SEVERABILITY; CONFLICTS AND EFFEC- TIVE 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 Board of Adjustment 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 ap- proved by the Board of Adjustment 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 Board of Adjustment for absences from meetings is deemed un- satisfactory. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: Section I. Section 44.19 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 Board of Ad- justment shall run from the second Friday in July and each member appointed shall serve for a term of two (2) years, or until his 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 Board of Adjustment 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 for 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 44.20 of the Code of Ordinances of the City of winter Springs, Florida, is hereby amended to read as follows: The Board of Adjustment shall meet bi-monthly 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 Board of Adjustment, except a vote to adjourn or to con- tinue 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 an 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 L.c"W OFFICES .JO~ES, ~IORlnSON & STAI....~AKER, P. A. 400 MAITLAND AVENUE ALTAMONTE SPRINGS, FLORIDA 32701 MICHAEL D. _::"ES \N1LLlAM H. ~A::'RRISON WALLACE F. STALNAKER.~R. MIKEL W. CA~~ENTER ALBERT R. CeOK ~EFFERSON C.SA~ER (305) 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 Numbers 259 and 260 in final form including the changes directed by the Commission at the December 22 meeting. It is this form that should be posted prior to the public hearing at the next commission f1:1.eeting. Sincz:j~ ALBERT R. COOK ARC/so Enclosures cc: City Manager ~ TELEPHONE (305) 327-1800 WINER SPRINGS, FLORIDA Z:P CODE 32708 CITY OF HINTER 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 ORDINAl~CE OF THE CITY OF WINTZR SPRINGS, FLORIDA, IUViDATING k"J AFFIR11ATIVE VOTE OF THREE HEHBERS FOR THE PASSAGE OF ANY HEAS- URE OR ISSUE SUBHITTED TO THE BOARD OF ADJUSTI1ENT; REVISING THE METHOD BY WHICH fffiHBERS COULD BE REMOVED 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 this 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. 29th day of December , 19 81. Dated this CITY OF HINTER SPRINGS, FLORIDA ?:rz~U'l 'f. ~~ Mary T. Norton, City Clerk ~ Sentinel Star Company ~ Publi.h~d Daily Orl.ndo~ OranfEf" Count~... Florida ADVERTISING CHARGE $36.04 ~tate of 1lonoa t COUNTY OF ORANGE ~ 55 published at Orlando, in Orange County, Florida; that the attached copy of ad- vertisement, being A Notice of Public Hearing in the matter of Ordinance mandating affirmative vote of three members submitted to Board of Adjustment in the Court, , I' CITY OF WINTER SPRINGS. FLORIDA NOTICE OF PUBLIC HEARING NOTICE is hereby given by the City Commission .Of the City of Winter Spflngs. FlOrida, that said Commis- sion will hold a public t'fearlng On an ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLOR- IDA. MANDATING AN AFFIR- MATIVE VOTE OF THREE MEMBERS FOR THE PAS- SAGE OF ANY MEASURE OR ISSUE SUBMITTED TO THE BOARD OF ADJUSTMENT; REVISING THE METHOD BY WHICH MEMBERS COULD BE REMOVED FROM OFFICE; PROVIDING FOR SEVERABIL- ITY; CONFLICTS AND EFFEC- TIVE DATE. This Public Hearing will be held at 7:30 p. m. Tuesday January 26. 1982, or as soon thereafter as pos. sible on Commission Chamber, City Hall. 400 N. Edgemon Ave. Winter Springs, FIOftda. Copies ot the proposed ordinance are available in the office of the City Clerk for ,"spection. Interested parties may appear at thiS hearing and be heard with respect to this proposed ordinance. Please be advised that under State Law. i.tyou decide to appeal a de- ciSIOn made With respect to thiS matter, you will need a record of the proceedings and may need t.o ensure that a verbatim record IS made. Dated this 29th day 01 December, 1981. ' CITY OF WINTER SPRINGS, FLORIDA ;:::~~~~t~~~on City Clerk CL-312 Jan.1,1982 , 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 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. Sworn to and subscribed before me this ~~~~ \ \, 4th ' d ay ~ ~-''\''" ~ , of January A_D., 19 82 ~ ~~ /J7[~ In Jn~r7/}d-c/ Notary Public Notary Public, State of Florida at Large My Commission E/.pires May 14, 1985FORM NO. AD-262 Bonded by American Fire & Casualty Co.