Loading...
HomeMy WebLinkAboutOrdinance 2004-25 Municipal Elections ORDINANCE NO. 2004-25 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING ARTICLE IV, OF THE CODE OF ORDINANCES, ENTITLED "ELECTIONS;" AMENDING THE DATES FOR CANDIDATES TO QUALIFY FOR MUNICIPAL ELECTIONS; AMENDING THE ELECTION ASSESSMENT TO COMPLY WITH STATE STATUTES; AMENDING LANGUAGE TO COMPLY WITH STATE STATUTES; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Seminole County Supervisor of Elections has notified the cities that they need to submit names and issues to appear on the November ballot no later than the day after the Primary Election, which is held nine weeks prior to the date of the General Election; and WHEREAS, the existing qualifying period for the City of Winter Springs needs to be amended to allow this to occur; and WHEREAS, sections of the Code of Ordinance conflicts with State Statutes and the City Commission desires to update the Code. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, Article N, Elections is hereby amended as follows: (underlined type indicates additions and strike-out type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance oftext existing in Article N. It is intended that the text in Article N denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Winter Springs Ordinance No. 2004-25 Page 1 of 3 ARTICLE IV. ELECTIONS* * * * Sec. 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 commissioner or mayor of 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 offices 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 qualifying papers in accordance with State Statutes and pay the qualifying fee and election assessment provided for in section 2-88. Such application shall be filed and the qualifying fee paid during regular business hours any time after 12:00 noon on the first filing date. which shall be seventy-one (71) calendar days prior to the municipal election. but not later than 12:00 noon on the sixty-seventh (67) calendar day prior to the municipal election. In the event. the first or last filing date falls on a Saturday. Sunday. or legal holiday. then the subiect filing date shall be rescheduled to the next regular business day. Sec. 2-88. Qualifying fees. All candidates for city commission and mayor, qualifying as provided in this Code, shall pay a qualifying fee of one hundred fifty dollars ($150.00). The qualifying fee and the election assessment shall be paid to the city clerk and be paid by the clerk into the general fund ofthe city. Within 30 days after the close of qualifying. the city clerk shall forward the elections assessment to the Department of State. Pursuant to F.S. ~ 99.093(2). candidates who are unable to pay the election assessment without imposing an undue burden on their personal resources or resources otherwise available to them shall upon written certification of such inability given under oath to the city clerk be exempted from paying the election assessment. Any candidate exempt from the election assessment shall also be exempt from the City's qualifying fee. * * * City of Winter Springs Ordinance No. 2004-25 Page 2 of 3 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 14th day of June, 2004. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: May 10, 2004 Second Reading: June 14, 2004 Effective Date: See Section 5 City of Winter Springs Ordinance No. 2003-07 Page 3 of 3 Orlando Sentinel fBtate of jfloriba } 5.5. COUNTY OF ORANGE NonCE OF PUBUC HEARING CITY OF WINTER SPRINGS, FLORIOA NOTICE IS HEREBY GIV. EN bv the Cltv Commission of the Cltv of Winter Springs. ~Iorldo thot sold 'Commission will hold a Pub. lie Hearing for Adoption of en Ordlncmce entitled as fel. lows: Published Daily in the ~F r~Hnl F was published in said newspaper in the issue; of 06/01/04 Court, ORDINANCE NO. 2004.25 AN OROINANCE OF THE CITY COM- i MISSION OF THE CITY OF WINTER SPRINGS. FLORIDA. AMENDING ARTICLE IV, OF THE CODE OF ORDI. :~~~~M~~Ni 'ELEC~~r. DIDATES TO OUAU UNIC~ PAL ELECTIONS; A G THE ELECTION ASSES 0 COM. PLY WITH ST A TUTES; AMENDING LANGUAGE TO COM. PLY WITH STATE STATUTES; PRlI- VIDING FOR CODmCAnON; PRO. VIDING FOR THE REPEAL OF PRIOR INCONSlmNT ORDINANCES AND RESOLUTIONS. SEVERABIUTY, AND AN EFFECTIVE DATE. This Public Hearing will be held at 6:30 p.m. an June 14. 2004 or as soon thereafter as possible In the Commission Chambers. Cltv Hall. 1126 East State Road 434. Winter Springs. Florida 32701. Copies of the propcsed Ordl. nance are available In the office of the Cltv Clerk for inspection. Interested par. ties mav appear at this hearing and be heard with respect to this proposed Or. dlnance. Persons with disabilities needing assistance to partie. Ipate In anv of these pro. ceedlngs should contact the Emplovee Relations Depart. ment ADA Coordinator 48 hours In advonce of the meeting at (407) 327-1800. This is 0 Public Hearing. If vou decide to appeal anv recom mendallon/declsl on mede bv thll (:ltv Commls. slon with respect to anv matter consldere.d at this ~~t~fgfh~o~:~~Saa~ed I for such pUrPOSeS. VOll mav need to ensure that a verba. tlm record of the proceed. Ings Is mCICIe upon ~h the appeal Is based. lnt~sted parties are advlHcl that theV mav appear at the meetln. and lie heard with respect to the i>raPasecI Ordinance. 004 CSEL~76199,,~~~ Before the undersigned authority personally appeared BEVERL Y C. SIMMONS , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ~l Tl\1I10NTE'lPRTf'4i;S in 5.1=1'41 Nfll ;: County, Florida; that the attached copy of advertisement, being a NflTICF [)F PUlll Ie in the matter of nR rJ /004- ;ui Affiant further says that the said Orlando Sentinel is a newspaper published at Al IAMilNH= -;PRfNG'; ,insaid ,~.HNm F County, Florida, and that the said newspaper has heretofore been continuously published in said 'F M r NilJ F County, Florida, each Week Day and has been entered as second-class mail matter at the post office in At T 'MilN TF';PR TN!;S in said ~FMTNrll C 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~u . e of sec ing the' dverti ment for publication in the said newspap r. L .. The for~g9ing instrument W2$1 cknowledg,ed befor me this JUNE , 20~, by BEVERL YC. S MMONS who is personally known to me and who did t e an oath. OFFIC LNarARYSEAL J IA NICHOLS NarARYP UCSfATEOFFLORIDA MISSION NO. DD054311 MY COMMISSION EXP. SEPT 23,200S (SEAL)