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HomeMy WebLinkAboutOrdinance 494 City Commission ORDINANCE NO. 494 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA APPROVING A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING ARTICLE IV PROVIDING FOR CITY COMMISSION DISTRICTS; AMENDING SECTION 2-87 OF THE CODE OF WINTER SPRINGS; PROVIDING FOR RESIDENCE REQUIREMENTS OF COMMISSIONERS; PROVIDING FOR REFERENDUM ELECTION BY CITY ELECTORS TO APPROVE OR REJECT THE AMENDMENT TO THE CITY AND CITY CODE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the Commission of the City of Winter Springs, Florida, has previously adopted Ordinance No. 241, which Ordinance amends the present of the City of Winter Springs Florida and provides for referendum approval of same pursuant to Florida Statute 166.031; and WHEREAS, the Commission of the City of Winter Springs, Florida, has determined that the best interests of the City will be served by an amendment to Article IV, City of Winter Springs, Florida, and amendment to Section 2-87, Code of Winter Springs, to provide for designated geographical districts for the city commission; and for a districting commission to establish and adjust the Commission District boundaries; NOW, THEREFORE, be it enacted by the Mayor and Commissioners of the City of Winter Springs, Florida: Section 1. The following proposed amendments to the Charter for the City of Winter Springs, Florida, is hereby approved and adopted by the commission for placement on the ballot in the next general election; Section 4.01. COMPOSITION; QUALIFICATION of MEMBERS; and COMMISSION DISTRICTS. (a) Composition. There shall be a city commission of five (5) members and a mayor, each to be elected by the qualified voters of the city at large. Each city commission member shall reside in a designated geographical district, which districts shall contain as equal a number in population as practicable. (b) Qualifications. Only qualified voters of the city shall be eligible to hold the office of mayor or commissioner. Qualifications for candidates for the offices of mayor and city commissioner are as set out in Section 2-87, Code of the City of Winter Springs, Florida, as may be amended from time to time. Section 4.02. COMMISSION DISTRICTS; ADJUSTMENT OF DISTRICTS. (a) Number of districts. The city commission of the City of Winter Springs, Florida, shall by separate ordinance divide the city into five (5) geographical commission districts. (b) Districting commission. By the first day of February, 1991, the first day of February 1992, and every three (3) years thereafter, the city commission shall appoint seven (7) city electors determined from the registration of the last regular election, one (1) to be appointed by each commissioner from his/her respective district, and two (2) appointed by the mayor from the city at large, who shall comprise the districting commission. Electors chosen shall not be employed by the city in any other capacity. The initial districting commission, creating and establishing the first commission districts, shall be appointed by each commissioner and the mayor from the city at large. (c) Report; Specifications. The districting commission shall file with the official designated by the city commission a report containing a recommended plan for establishment or adjustment of the commission district boundaries. The initial districting commission, creating and establishing the first commission districts, shall file such report within ninety (90) days of appointment. Thereafter, such reports shall be filed within one hundred twenty (120) days of appointment to the districting commission. The commission district boundaries shall comply with the following specifications: (1) Each district shall be formed of compact, contiguous territory, and its boundary lines shall follow the center lines of streets insofar as practical or possible, or other boundaries available. (2) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed with the designated official, the report shall be treated as an ordinance introduced by a commissioner. (d) Support. It shall be the responsibility of the city manager to provide staff assistance and technical data to the districting commission. ( e ) Procedure. The procedure for the city commission's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinances is published pursuant to this Charter and general law, it must include both the map and a description of the recommended districts. (f) Failure to enact ordinance. The city commission shall adopt the redistricting ordinance at least one hundred twenty (120) days before the next city election. If the city commission fails to either accept or reject the redistricting ordinance, the report of the districting commission shall go into effect and have the same effect of an ordinance. The proposed redistricting ordinance may not be rejected for any reason except for failure to comply with the specifications listed in Section 4.02 (c) of this Charter or failure to comply with other local, state or federal law. (g) Effect of enactment. The new commission districts and boundaries as of the date of enactment shall supersede previous commission districts and boundaries for all purposes; provided all incumbent commissioners shall continue to hold office for the entire term to which elected notwithstanding any change in commission district and boundaries. Section 2. section 2-87 of the Code of the City of Winter Springs is hereby amended as follows subject to approval by referendum election: Section 2-87. Qualification of Candidates. Each candidate seeking the office of city commissioner or mayor or any other elective office of the City shall file a petition signed by fifteen (15) registered voters of the city with the city clerk. Each candidate seeking the office of city 2 commissioner or mayor or any other elective office of the city shall have resided in the city one (1) year prior to the time of qualifying. Each candidate seeking the office of city commissioner shall be a resident of a designated commission district as established by ordinance and shall have resided in the designated commission district six (6) months prior to the time of qualifying. Notwithstanding the above requirement, city commissioners shall run at large as commission candidates under district designation. All candidates for office in municipal elections shall be registered and qualified electors of the city at the time of their qualifying as a candidate with the city clerk and shall file an application designating the office for which he/she is a candidate and pay the qualifying fee provided for in Section 2-88. Such application shall be filed and the qualifying fee paid between the first day of September and the fifteenth day of September, during which the office shall be open for qualifying for election. Section 3. All other provisions of the Charter and Code of the City of Winter Springs, Florida shall remain in full force and effect. Section 4. The mayor and city commission hereby direct that the proposed amendments to the City Charter and Code of Winter Springs, Florida, as set forth in Sections 1 and 2 of this ordinance, be placed on the ballot in the form of a single question, as set forth in Section 6 of this ordinance indicating the chief purpose of the proposed amendments, for approval or rejection by the city electors at the next general election held in the city. Section 5. Such referendum election shall be held in conformance with the laws of the State of Florida and ordinances of the City of Winter Springs, Florida, relating to the amendment of the City Charter. Section 6. The ballot to be used in the referendum election shall be substantially in the following form: PROPOSED CHARTER AMENDMENT PROVIDING FOR COMMISSION DISTRICTS Shall the proposed amendment to the Charter and Code for the City of Winter Springs, providing that city commissioners shall reside in a designated commission districts of approximately equal population, and further providing that ci ty commissioners be elected at large, approved by the mayor and city commissioners in Ordinance No. 494 on , 1990, be approved and adopted? YES: NO: Section 7. Upon adoption of the proposed Charter amendments by a majority of the electors voting in a referendum election upon such amendments, the city commission shall have the Charter, as amended, filed with the Secretary of State, at which time the amended Charter and Code shall take effect. Section 8. The provisions of this ordinance are severable and if any section, sentence, clause or phrase of this ordinance shall for any reason be held invalid or unconstitutional the remaining sections, sentences, phrases or clauses of this ordinance shall remain valid and in full force and effect. Section 9. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 3 Section 10. This ordinance shall become effective immediately upon its passage and adoption. Passed and adopted this 13th day of August, 1990. CITY OF WINTER SPRINGS LEANNE M. GROVE, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading: July 9, 1990 Posted: July 11, 1990 Second Reading and Public Hearing: Aug. 13, 1990 4 The Orlando Sentinel , . Publiah..! DaiI': AItamonte Spring., Seminole County, Florida ~tate of JFlori~(t} SS. COUNTY OF ORANGE Before the undersigned authority personally appeared Virginia E. Skurow , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- public hearing vertisement, being II in the matter of ordinance no. 494 in the Court, was published in said newspaper in the issues of July 22, 1990 Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; 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. kr T'~ Sworn to and subscribed before me this 24th of 90 ~v ~ Notary Public S1Ita of Florida at Lalp My Commission Explles: June 18,1994 Notary Public ADVERTISING CHARGE $44.73 day NOTICE OF PUBUC HEARING CITY OF WINTER SPRINGS, FLORIDA NOTICE IS HERESY GIVEN by the City Commission of the City of Winter ser;ngs, Florida, thai said Commillsion WIll hold a Public Hearing on an ordi- nance entitled as follows: ORDINANCE NO. 494 AN OROINANCEOF THE CITY OF WINTER SPRINGS, FlORIDA, AP- PROVING A PROPOSED AMEND- MENT TO THE CHARTER OF THE CITY OF WINTER SPRINGS:FlOR- JPA. AMENDING ARTICLE IV PR<>' VIDlNG FOR CITY COMMISSION DISTRICTS: AMENDING SECTION 2-87 OF THE CODE OF WINTER SPRINGS: PROVIDING FOR RESI- DENCE REQUIREMENTS OF COM- MISSIONERS; PROVIDING FOR REFERENDUM elECTION BY CITY ELECTORS TO APPROVE OR RE- JECT THE AMENDMENT TO THE CITY AND CITY CODE: PROVIDING FOR SEVERABILITY, CONFUCTS AND EFFECTIVE DATE. 'this Public Hearing will be held at 7:30 p.m. on Aug. 13, 1990, or as soon ther- eafter as P<lSSlbIe in the Commission Chamber, City Hall, 1126 East S, R. 434, Winter Springs, Fl. 32708. _- Copies of the proposed. ordinance are aveilable in the olfice of the City Clerk lor inspectiorr. Interested parties may appear at this hearing end be heard with respect to this proposed ordinance. Persons are advised that. ij they decide to eppeaI. any decision made at this meeting, they wi" need a record 'the proceedings and for Sl.ch ptJIlXlSb, they may need to ensure that a verbatim re- cord 01 the proceedings is made which record includes the testimony and IM- dence upon which the appeal is to be based per Section 288.0105 Florida Statutes. Dated this 22nd day of July, 1990. CITY OF WINTER SPRINGS, FLORIDA IslMary T. Norton Mary T. Norton City Clerk LS.()9S(6s) JuI.22,1990 FORM NO. AD-264