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HomeMy WebLinkAbout1998 10 12 Regular Item B / COMMISSION AGENDA ADD-ON ITEM B Consent Informational Public Hearing Regular X October 12. 1998 Meeting MGR DEPT Auth Ization REQUEST: City Manager requesting the City Commission to address the Mayor's veto of October 7, 1998 regarding the City's FY 98/99 Annual Budget Ordinance No. 705. PURPOSE: The purpose of this agenda item is to have the City Commission address the Mayor's veto of the City's FY 98/99 Annual Budget Ordinance No. 705. CONSIDERATION: The City Commission adopted the City's FY 98/99 Annual Budget Ordinance No. 705 at its September 28, 1998 Commission Meeting. The Mayor has chosen to veto the Annual Budget Ordinance. Section 4.05 of the City Charter states: "Within 10 days after the adoption of any ordinance by the City Commission, the Mayor shall have the power to veto said ordinance and return it to the Commission at the next regular meeting with a written message. It shall require four-fifths (4/5) vote of the City Commission to pass the ordinance after the Mayor's veto". FUNDING: Not applicable. RECOMMENDATION: The City Commission take whatever action it deems appropriate. IMPLEMENTATION: Upon Commission action. ATTACHMENT: Mayor's veto letter of October 7, 1998. Section 4.05 of the City charter. COMMISSION ACTION: "Ud y~O II"dU OO-dU-UI CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708.2799 Telephone (407) 327.1800 OFFICE OF TBE MAYOR October 7, 1998 By notice of this letter which is within 10 days, and according to City Charter, I am vetoing Ordinance #705 (the ordinance "establishing the Final Budget for Fiscal Year 1998..1999"), which was passed by the City Commission on September 28, 1998. I will provide a written response concerning my veto at the next regular commission meeting. Sloi. Mayor, City of Winter Springs . ~~~lIWrt~ ~ OCT 8 1998 ~ ., CI~'~ NINTt:R Silk;'NGS - t ClTY~ .~"~~ 2'd 0S01S2~L0~x~-a~1 ~3~N3~~~dS ~NI 00:Ll 86, L0 ~JO ( and necessarily incurred in the performance of their duties of office and said reimbursement for expenses shall be established by resolution. / Section 4.05. Mayor. The mayor shall act and serve as chairman of the city commission, shall be the chief executive officer of the city, shall preside at its meetings, shall be recognized as head of the city govern- ment for all ceremonial purposes and be the gov- ernor for purposes of military law. Additionally, the mayor shall have the responsibility of the administrative duties of the city manager in the event the city commission does not appoint a city manager, unless otherwise provided in this char- ter. The commission shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs, shall become mayor for the remainder of the unexpired term, or until the first municipal election after the vacancy occurs, whichever shall occur first. If a municipal elec- tion is held prior to the expiration of a mayor's term of office, the electors of the city shall elect a new mayor to fulfill the remaining unexpired term of office. The mayor shall not vote except in case of a tie vote of the commission. Within ten (10) days after the adoption of any ordinance by the city com- mission, the mayor shall have the power to veto said ordinance and return it to the commission at the next regular meeting with a written message. It shall require four-fifths (4/5) vote of the city commission to pass the ordinance after the mayor's veto. Section 4.06. General powers and duties. All powers of the city shall be vested in the commission, except as otherwise provided by law or this Charter, and the commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. , ! Section 4.07. Prohibitions; holding other office. Except where authorized by law, no commis- sioner shall hold any other city office or city em- ployment during the term for which he was elected to the commission. CHARTER (\ 4.10 Section 4.08. Vacancies; forfeitures of office; filling of vacancies. (a) Vacancies. The office of the commissioner or mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office. (b) Forfeiture of office. A commissioner or mayor shall forfeit his office if he: (1) Lacks at any time during his term of office any qualifications prescribed by this Char- ter or by law; or (2) Violates any express prohibition of this Char- ter; or (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive regu- lar meetings of the commission without being duly excused by the commission. (c) Filling of vacancies. A vacancy in the com- mission shall be filled until the next regular elec- tion by the commission on a majority vote of all its remaining members. Section 4.09. Judge of qualifications. The commission shall be the judge of the elec- tion and qualifications of its members and of the grounds of forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require production of evi- dence. A member charged with conduct constitut- ing grounds for forfeiture of his office shall be so notified by certified mail and shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more news- papers of a general circulation in the city at least one week in advance of the hearing. Decisions made by the commission under this section shall be subject to review by the courts. Section 4.10. City clerk. The mayor shall appoint an officer of the city who shall have the title of city clerk and who shall be approved by the city commission. The city clerk shall give notice of commission meet- ings to its members and the public, keep the jour- nal of its proceedings and perform such other du- ties as are assigned to him by this Charter or by the commission. 7