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
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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.
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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
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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