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HomeMy WebLinkAbout2008 07 14 Public Hearing 502 First Reading of Ordinance 2008-14 Amends Code Related to Runoff Election during Tie Vote during any Municipal ElectionCOMMISSION AGENDA ITEM 502 July 14, 2008 Regular Meeting REQUEST: Informational Consent Public Hearings X Regular ~ e /~ ~ r ~ Mgr. / Dept. Authorization City Attorney Anthony A. Garganese and City Clerk Andrea Lorenzo-Luaces are asking the City Commission to review and consider approving the first Reading of Ordinance 2008-14 which amends the City of Winter Springs' Code of Ordinances related to averting the need for a Runoff Election should there be a tie Vote during any Municipal Election. PURPOSE: The City of Winter Springs' Code of Ordinances language related to Runoff Elections needs to be changed so that revised language offers a solution to a tie Vote, rather than having a Runoff Municipal Election. CONSIDERATIONS: In recent discussions with the Supervisor of Elections for Seminole County, Mike Ertel, it was suggested that all Municipal Codes should have a way to handle tie Votes for Municipal Elections, rather than holding a Runoff Municipal Election. Ordinance 2008-14 offers a solution that is consistent with section, 100.181, Florida Statutes. In the circumstance 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, then the two (2) candidates receiving an equal and highest number of votes shall draw lots to determine who will be elected to the office. CITY OF WINTER SPRINGS, FLORIDA C[TY COMMISSION REGULAR MEETING -JULY I4, 2008 REGULAR AGENDA ITEM "502" PAGE 2 OF 2 RECOMMENDATION: The City Commission is being asked to approve the First Reading of Ordinance 2008-14. ATTACHMENTS: A. City of Winter Springs' Ordinance 2008-14. COMMISSION ACTION: ATTACHMENT "A ORDINANCE N0.2008-14 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; WHERE TWO (2) OR MORE CANDIDATES FOR ONE (1) MUNICIPAL OFFICE RECEIVE AN EQUAL AND HIGHEST NUMBER OF VOTES, THEY SHALL DRAW LOTS TO DETERMINE WHO IS ELECTED TO OFFICE; 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, section 100.181, Florida Statutes, provides that where two or more persons receive an equal and highest number of votes for the same office in a general or special election, such persons shall draw lots to determine who will be elected to the office; and WHEREAS, the City desires to amend the City Code consistent with section 100.181, Florida Statutes; 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 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 City of Winter Springs Ordinance No. 2008-14 Page 1 of 3 amended as follows (underlined type indicates additions and stri-lrcarttt 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 draw lots to determine who will be elected to the office. ~** 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 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. 2008-14 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 the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2008. 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. 2008-14 Page 3 of 3