HomeMy WebLinkAboutOrdinance 2008-16 Run-Off ElectionORDINANCE N0.2008-16
A ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 2,
ARTICLE IV OF THE CITY CODE, RELATED TO THE
DETERMINATION OF PERSONS ELECTED; PROVIDING
THAT WHERE A MUNICIPAL ELECTION RESULTS IN A
TIE VOTE THE CANDIDATES THAT RECEIVE AN EQUAL
AND HIGHEST NUMBER OF VOTES SHALL RUN AGAIN IN
A RUNOFF MUNICIPAL ELECTION TO BE HELD NO
LATER THAN 60 DAYS FOLLOWING THE ELECTION
THAT RESULTED IN THE TIE VOTE; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Code currently requires arun-off election where two (2) or more
candidates for any one (1) office receive an equal and highest number of votes cast in the municipal
election for the same office; and
WHEREAS, the City Code currently requires the run-off election be held fourteen (14) days
after the initial election; and
WHEREAS, the Supervisor of Elections for Seminole County has advised the City that
fourteen (14) days is not an adequate period of time to collect ballots from absentee and overseas
electors; and
WHEREAS, the City desires to amend the City Code to allow for an adequate time period
for run-off elections to ensure that all eligible electors are provided the opportunity to participate in
run-off elections; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
City of Winter Springs
Ordinance No. 2008-16
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SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code Chapter 2 is hereby
amended as follows (underlined type indicates additions and stri~ccotit type indicates deletions, while
asterisks (***) indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended
that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this ordinance):
CHAPTER 2 ADMINISTRATION
***
ARTICLE IV. ELECTIONS
***
Sec. 2-84. Determination of person elected.
The person receiving the highest number of votes cast for one (1) office is elected to the
office. If there should be more than two (2) candidates for any one (1) office, and two (2) candidates
receive an equal and highest number of votes cast in the municipal election for the same office, then
the two (2) candidates receiving an equal and highest number of votes cast shall run again in a runoff
municipal election. As scheduled by the City Commission, tThe runoff election shall be held
no later than sixty (601 days following the initial election and the candidate
receiving the majority of the votes cast at such runoff election shall be elected.
***
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading maybe
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors maybe corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code maybe freely made.
City of Winter Springs
Ordinance No. 2008-16
Page 2 of 3
Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, iii a regular
meeting assembled on the 8th day of September _7 2~~g i
HN F. BUSH, Mayot•
AT'I'~ST:
A A LORENZO-LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR E ITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: AuQUSt 11, 2008
Second Reading: September 8, 2008
Effective Date: See Section 6.
City of Winter Springs
Ordinance No. 2008-16
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