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HomeMy WebLinkAbout2010 02 01 Other Informational 100 Documents Distributed From Staff Date: February 1, 2010 These documents from Staff were distributed to the City Commission at the February 1, 2010 City Commission Workshop during Informational Agenda Item "100 ". ORDINANCE NO. 2010 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING THE TRAILS ADVISORY COMMITTEE; ESTABLISHING PURPOSE AND DUTIES; 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 City Commission adopted the Evaluation and Appraisal Report Amendments to the Comprehensive Plan on September 28, 2009; and WHEREAS, Transportation Element Policy 1.5.8 directs the establishment of a Trails Advisory Committee; and WHEREAS, a Trails Advisory Committee is needed to pursue the planning and implementation of non - motorized transportation linkages within and throughout the City to supplement and further enhance the value of the Cross - Seminole Regional Trail within the City; and WHEREAS, Chapter 2, Article III of the Code of Ordinances establishes Boards, Committees, and Commissions; and WHEREAS, Section 2 -42 of the Code of Ordinances establishes uniform and consistent procedures and requirements governing the City's boards and committees; 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. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, is hereby amended to create new sections 2 -83 and 2 -84 as follows (underlined type indicates textual additions to the City Code): Sec. 2 -83. Creation; composition; appointment of members. fa) The city hereby creates a Trails Advisory Committee. (b) Section 2 -42 of this Code shall apply to the Trails Advisory Committee except that the Trails City of Winter Springs Ordinance No. 2010 -_ Page 1 of 3 Advisory Committee may additionally include: (1) one student youth representative for a term of one year: and (2) ex officio members. who are not residents, from agencies with expertise in trail systems. These members will have no voting power and cannot be used for the purpose of establishing a quorum for meetings. (c) Appointees to the Committee shall have knowledge and experience or interest in the planning and implementation of a city interconnected trail and bicycle system network. as determined by application. The membership of the Committee shall, whenever possible. include a resident from each commission district. No person shall be appointed with private or personal interests likely to conflict with the general public interest. (d) The Trails Advisory Committee shall conduct such meetings as may be necessary to properly perform its duties and functions and shall establish rules and or bylaws to govern the manner in which its meetings and affairs are conducted. provided that such rules and procedures are not inconsistent with federal and state law, the city code or direction of the city commission. (e) The Trails Advisory Committee shall be subject to the Florida Public Records Act and the Sunshine Law. Sec. 2 -84. Purpose and Duties. (a) The purpose of the Trails Advisory Committee is to promote trail and bicycle systems in the city. The Committee shall perform the following duties: (1) Serve as an advocate for the adoption of a Trail and Bicycle System Master Plan for the city. (2) Promote pedestrian and bicycle travel as a viable transportation choice to connect neighborhoods with parks, schools. commercial areas. and other destinations in the city and surrounding area. (3) Assist with identifying funding sources and implementation strategies which further the development of an interconnected network of trails and bikeways within the city. (4) Recommend to the city commission establishment. development. planning. funding and maintenance of specific trail and bicycle projects. (5) Consider all matters submitted to it by the city commission or staff and shall offer suggestions or recommendations on its own initiative. It shall receive petitions and suggestions from the citizens of the city. and shall cooperate with civic groups. governmental agencies. and other organizations regarding trail and bicycle system planning and implementation. 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. City of Winter Springs Ordinance No. 2010 -_ Page 2 of 3 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2010. 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. 2010 -_ Page 3 of 3 ORDINANCE NO. 2010-__ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING THE PARKS AND RECREATION ADVISORY COMMITTEE; ESTABLISHING PURPOSE AND DUTIES; 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 City Commission adopted the Evaluation and Appraisal Report Amendments to the Comprehensive Plan on September 28, 2009; and WHEREAS, Recreation and Open Space Element Policy 1.1.2 directs the establishment of a Parks and Recreation Advisory Committee; and WHEREAS, a Parks and Recreation Advisory Committee is needed to pursue the planning and implementation of city parks and recreation programs; and WHEREAS, Chapter 2, Article III of the Code of Ordinances establishes Boards, Committees, and Commissions; and WHEREAS, Section 2 -42 of the Code of Ordinances establishes uniform and consistent procedures and requirements governing the City's boards and committees; 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. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, is hereby amended to create new sections 2 -81 and 2 -82 as follows (underlined type indicates textual additions to the City Code): Sec. 2 -81. Creation; composition; appointment of members. (a) The City hereby creates a Parks and Recreation Advisory Committee. (b) Section 2 -42 of this Code shall apply to the Parks and Recreation Advisory Committee except that the city commission may additionally appoint one student youth representative for a term of one City of Winter Springs Ordinance No. 2010 -_ Page 1 of 3 year, (c) Appointees to the Committee shall have knowledge and experience or interest in the planning and implementation of city parks and recreational facilities, as determined by application. The membership of the Committee shall, whenever possible. include a resident from each commission district. No person shall be appointed with private or personal interests likely to conflict with the general public interest. (d) The Parks and Recreation Advisory Committee shall conduct such meetings as may be necessary to properly perform its duties and functions and shall establish rules and or bylaws to govern the manner in which its meetings and affairs are conducted, provided that such rules and procedures are not inconsistent with federal and state law, the city code or direction of the city commission. (e) The Parks and Recreation Advisory Committee shall be subject to the Florida Public Records Act and the Sunshine Law. Sec. 2 -82. Purpose and duties. (a) The purpose of the Parks and Recreation Advisory Committee is to promote park and recreation programs of the city and to recommend to the city commission policies and actions to promote, plan, design. construct and utilize city parks and recreation programs. The Committee shall perform the following duties: (1) Advise and assist the city commission. the beautification board and the city manager in matters involving or affecting city parks and recreation; (2) Keep the city commissioners informed of the status and progress of recreational and parks services. plans, and activities. (3) Advise and make recommendations to the city commission regarding the promotion of citizen participation in recreation and park programs and distribution of information about leisure activities offered by the city. 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. 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. City of Winter Springs Ordinance No. 2010 -_ Page 2 of 3 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2010. 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. 2010 -_ Page 3 of 3