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Home My WebLink AboutOrdinance 548 Election Terms ORDINANCE NO. 548 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF WINTER SPRINGS, TO AMEND THE ARTICLE OF THE CHARTER PERTAINING TO ELECTION TERMS TO PROVIDE FOR A TERM LIMITATION FOR THE MAYOR AND EACH CITY COMMISSIONER TO THREE CONSECUTIVE TERMS; PROVIDING FOR SEVERABILITY AND CONFLICTS;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has, in public meetings, studied and reviewed the Charter regarding the proposed amendment to the Charter; and WHEREAS, the City Commisison recommends that the proposed amendment to the Charter be submitted to the electors of the city for the consideration at a ballot election to be held on November 2, 1993; and WHEREAS, Section 166.031, Florida Statutes, provides that the governing body of a municipality may, by ordinance, submit to electors of said municipality a proposed amendment to its charter which amendment may be to any part or to all of its charter except that part describing the boundaries of such municipality; and WHEREAS, the City Commission finds that it is in the best interest of the City to submit the proposed amendment to the Charter to the electors of the city at the municipal election to be held on November 2, 1993, all in accordance with Section 166.031, Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF WINTER SPRINGS, FLORIDA, THAT: SECTION I. Proposed Amendment to Charter. The City Commission of the City of Winter Springs, pursuant to Section 166.031, Florida Statutes, hereby proposes and approves an amend- ment to the Charter of the City of Winter Springs, amending Section 4.03 Election and terms, which proposed amendment and complete text of this Section, as amended, is set forth in Exhibit "All attached hereto and by this reference made a part hereof. SECTION 2. Submission to Electorate. The proposed amendment to the Charter of the City of Winter Springs, as con- tained in this ordinance, shall be placed to a vote of the electors of the city of winter Springs at the next general municipal election to be held on November 2, 1993. Such election shall be held in con- formity with the laws of the State of Florida and the ordinances of the City of Winter springs now in force relating to elections in the City of winter Springs. SECTION 3. Ballot Title and Text. The proposed amendment, the ballot title and the wording of the substance of the proposed amendment to the Charter, as contained in this Ordinance, shall appear on the ballot in the form of a single question as set forth in Exhibit "B" attached hereto and by this reference made a part hereof. Such referendum election shall be held in conformance with the laws of the state of Florida. section 4. Effective Date of Amendment to Charter. If the proposed amendment to the Charter, as contained in this ordinance, is approved and adopted by a majority of the electors of the city of winter springs voting upon such amendment at the election called for in Section 2 of this ordinance, then said amendment to the Charter shall be effective on section 5. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent juriSdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Conflictina ordinances. All ordinances and Charter provisions, or parts of ordinances and Charter provisions in conflict herewith are hereby repealed. Section 7. Effective Date of this Ordinance. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED AND ADOPTED this 13th day of Sept., 1993. FIRST READING: August 23, 1993 Posted August 24, 1993 SECOND READING AND ADOPTION September 13, 1993 Philip A. Kulbes, Mayor ATTEST: Mary Norton, City Clerk APPROVED AS TO FORM: Frank C. Kruppenbacher, City Attorney EXIllBIT "A" Section 4.03. Election and terms. (a) The regular election of Mayor and commissioners shall be held on the first Tuesday following the first Monday in the month of November of each year an election is held. All elections shall be for three-year terms of office. The terms of the Mayor and commissioners shall begin the first Monday after the first day of December of each year an election is held. (b) city commission seats are hereby designated as seats one, two, three, four and five. The Commissioners elected to serve on the city commission of the City of Winter Springs, Florida, shall serve as the first city commission until the first election under this Charter. (c) Those Commissioners and Mayor elected simultaneously with the referendum election held pursuant to section 166.031, Florida statutes at which this Charter provision was approved by the electorate shall serve as commissioners and Mayor for a three (3) year term; at the first election held under this Charter the remainder of the previously elected two-year term positions shall be for three (3) years. (d) All commissioners and the Mayor shall be limited to three (3) terms, to be served consecutively. EXIllBIT "B" OFFICIAL BALLOT CITY OF WINTER SPRINGS, FLORIDA REFERENDUM ELECTION No.1 CITY CHARTER AMENDMENT: PROPOSING A REVISION TO THE CITY CHARTER Should the Winter Springs City Charter be amended, as proposed in ordinance No. , amending section 4.03 Election providing three (3) year terms for the Mayor and Commissioners and limiting the number of terms a Commissioner or the Mayor may serve to a total of three (3) consecutive terms; and providing for Effective Date and Severability? Yes for Approval No for Rejection 08/6148.1I8583012S606 -~---------------------------------------- The, Orlando Se~tinel Published Daily 55"3.20 ~tatt of j110riba } 5.5. COUNTY OF ORANGE in the m~M~NOl~ was pu IS e In sal newspaper in the issue; of 03/29193 Court, ~CE OF ..uauc MlIEMWtG CITY OF WINTl!R ....... . NOTICE OF I:iEREBY GM!Nolhl':: City CommissIOn of .. ~n 8erings, Florida, ~-= ... In Ofdi- WIll hold a Public -. nanca entillad as foI.l!-NO: __ ' ORDINAN.... ' - AN ORDINANCE OF~'l'IiE CITY ~ WINTER SPRING$. .. tHE POSING AN AMEND CHARTER OF THE CITY OF WIN. TER SPRINGS, FLORIDA'T~~ AMEND THE ARTICLETOOFELE" CHARTER PERTAINING v- ON TERMS TO PROVIDE FOR A TI ITATION FOR THE MAY' b~R~~ CITY COMMISSIONERS TO THREE CONSECUTIVE TERMS; PROVIDING FOR SEVERABILITY AND CONFLICTS; PROVIDING FOR AN EFFECTI~ DATE. . This Public Haarin~~:\~ p.m. on MondlIY, ~.. in \lit. or as ~n thareafter lIIl...... 1 111 ze 26 ComITllSSlon Chamber. ... F1arid8 East S.R. 434, Winter 327l!8. lC1~. .. CopIes of Ihf! p<<! . n .' available In the 0 ........ for inspection. Inler8lllld...... be ~ . appear at this ~aarinQ..'" ClIdInInllI' with respect 10 thIS~. ,.,.: PERSONS WITH I ING ASSISTANCE TOp~c-oliJI~ ANY OF THESE "'" .;s,. " SHOULD CONTAC~~ RELATIONS DEPAoo;;ii N1'I~ ORlf'~:1.?e~~~ AT (407l321-11OO. - ~~RSONS ARE ADVlStO THAT n" THEY DECIDE TO ~ Nf'( DECI- SIONS MADE AT T s& ~-lN:: S/HEARINGS, THEY .~ CORD OF THE P THEY ~y FOR SUCH PUR WIlIAT1M NEED TO INSURE ~. IS RECORD OF THE , MADE, WHICH INC..- . ~ WHJCti MONY AND EVll;!~=. -lllCTlON THEAPPEALIS~PIR~ 286.0105, FLORIDA STMV'IDill83 Daled thib~ ~ ~1~!I%~5PRINGS, FLORIDA Mary T. Norton, City Clerk SLS8P61025 Aug.29,I993 Before the undersigned authority personally appeared BETSY B8DD8D , who on oath say's that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newspaper published at CASSELBERRY . in ~E~~NglE County, Flonda; . at e a acned copy of advertisement, being a NOTICE Of PUBLIC H In the matter of ORDINANCE 5...3 Affiant further says that the said Orlando Sentinel is a newspaper published at ,in said County, Florida, an t at he said newspaper has heretofore been continuously published in said ~"~~OL [ County, Florida, each ee ay and has been entered as second-class mail matter at the post office in CASSELBERRY in ~aid ~EMIN~~ County, Flonda, for a perio 0 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 securin th's ad r. is nt for publication in the said newspaper. ) (Y (SEAL)