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HomeMy WebLinkAbout2009 08 10 Public Hearings 503 Second Reading Ordinance 2009-14 Canvassing Board for all City ElectionsCOMMISSION AGENDA ITEM 503 August 10, 2009 Regular Meeting Informational Consent Public Hearings ,X Regular ,~ Mgr. ` / ept. Authorization REQUEST: The City Attorney and the City Clerk request the City Commission approve and adopt Ordinance 2009-14 on Second Reading, which revises Section 2-93 of the City's Code of Ordinances related to the City's Canvassing Board for all City Elections. PURPOSE: Section 2-93 of the City's Code of Ordinances addresses the City's designated Canvassing Board and this section is being re-written at the request of Seminole County Supervisor of Elections Mike Ertel. The City Manager, the City Attorney, and the City Clerk are in agreement with the proposed change and are asking the City Commission to review this proposed change of a Canvassing Board. CONSIDERATIONS: Earlier this year, Seminole County City Clerks met with Seminole County Supervisor of Elections Mike Ertel to discuss Election related issues and Mr. Ertel requested that all Seminole County cities use the Seminole County Canvassing Board for the canvassing of all Elections (whether a stand-alone Election or a joint Election). Section 102.141(1), Florida Statutes, requires that the County Canvassing Board be comprised of the Supervisor of Elections; a county court judge; and the chair of the Board of County Commissioners. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PUBLIC HEARINGS AGENDA ITEM "503" PAGE 2 OF 2 The following is an excerpt from the current City of Winter Springs' Code of Ordinances related to this issue: "Sec. 2-93. Canvass of return. In those years when the city conducts the election not in conjunction with the county election, returns shall be canvassed by the city canvassing board designated to canvass the returns in municipal elections. Such city canvassing board shall consist of the city clerk and two (2) members of the city commission to be designated by the commission. The canvassing board shall canvass the returns and issue their certificate pursuant to F.S. chs. 101 and 102 and issue its certificate of election to the successful candidate. The certificate of the canvassing board shall be issued in triplicate; one (1) copy to be deposited with the city clerk, one (1) copy shall be delivered to the city commission, and one (1) copy shall be posted on the public bulletin board in the city hall. Such certificate shall be recorded in the minutes of any meeting of the city commission held immediately following the filing of the certificate. In years when the county supervisor of elections conducts the municipal election, the county canvassing board shall be designated to canvass the returns of the municipal election. (Code 1974, § 2-41)". In order to comply with Mr. Ertel's request, a change to Section 2-93. of the City's Code of Ordinances is required. Staff is in agreement with the attached Ordinance revising Section 2-93. of our Code of Ordinances. If approved, the Seminole County Canvassing Board would canvas the returns for any City of Winter Springs Election, whether it is a City-only election or if the City of Winter Springs piggybacks on County Elections. The City Commission approved the First Reading of this Ordinance 2009- 14 at the July 27, 2009 Regular City Commission Meeting and moved it to a Second and Final Reading. ATTACHMENT: Ordinance 2009-14 RECOMMENDATION: The City Commission is respectfully requested to approve the Second and Final Reading of Ordinance 2009-14 which revises Section 2-93. of the City's Code of Ordinances. COMMISSION ACTION: ORDINANCE NO. 2009-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 2-93 OF THE CODE OF ORDINANCES RELATING TO ELECTION CANVASSING; 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 Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Seminole County Supervisor of Elections has recommend to the City that there be one (1) canvassing board in order to create more unified election evaluations and audits; and WHEREAS, the City Commission desires to revise section 2-93 of the City Code designate the Seminole County Canvassing Board as the City's canvassing board; 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 SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, Article IV, Section 2-93 is hereby amended as follows: (underlined type indicates additions and atrrkcoat type indicates deletions, while asterisks (***) indicate a deletion from this 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 City of Winter Springs Ordinance No. 2009-14 Page 1 of 3 **~ Sec. 2-93. Canvass of return. The Seminole County canvassine board shall serve as the canvassing board for any city election whether or not the city election is conducted in conjunction with a county election. clectirnr. ,~** Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted bythe City Commission, or parts of prior 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 may be 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 may be freely made. 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 City Charter. City of Winter Springs Ordinance No. 2009-14 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2009. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2009-14 Page 3 of 3 ORDINANCE NO. 2009 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 2 -93 OF THE CODE OF ORDINANCES RELATING TO ELECTION CANVASSING; 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 Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Seminole County Supervisor of Elections has recommend to the City that there be one (1) canvassing board in order to create more unified election evaluations and audits; and WHEREAS, the City Commission desires to revise section 2 -93 of the City Code designate the Seminole County Canvassing Board as the City's canvassing board; 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 SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, Article IV, Section 2 -93 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks indicate a deletion from this 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 City of Winter Springs Ordinance No. 2009 -14 Page 1 of 3 Sec. 2 -93. Canvass of return. The Seminole County canvassing board shall serve as the canvassing board for any city election, whether or not the city election is conducted in conjunction with a county election. 1 1 •S11 •..1 O 1.1 .1 .1 W. V .1 .1 ..1 .5 election. 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 may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. 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 City Charter. City of Winter Springs Ordinance No. 2009 -14 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day of August, 2009. dB 4 -T 4- JO BUSH, ME:iyor ATTEST: t AN A LORENZO- LUACES, City Clerk Approved as to legal form and sufficiency for the City of inter Springs only: Ilk ANTHONY A. GARGANESE, City Attorney First Reading: July 27, 2009 Second Reading: August 10, 2009 Effective Date: August 10, 2009 City of Winter Springs Ordinance No. 2009 -14 Page 3 of 3 1