HomeMy WebLinkAbout2005 09 12 Public Hearing Item 402
COMMISSION AGENDA
ITEM 402
Consent
Informational
Public Hearing x
Regular
September 12. 2005
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Att. / Dept.
Meeting
REQUEST:
The City Attorney requests that the City Commission adopt Ordinance 2005-26 on Second Reading.
The Ordinance revises Section 2-57 to make it gender neutral.
PURPOSE:
The purpose of Ordinance 2005-26 is to make section 2-57 gender neutral consistent with Section
162.05, Florida Statutes.
APPLICABLE LAW AND PUBLIC POLICY:
1. Section 162.05, Florida Statutes.
2. Florida Municipal Home Rule Powers Act.
CONSIDERATIONS:
1. At the June 27, 2005 City Commission meeting, the City Commission directed that Section 2-57
be amended to make it gender neutral.
2. The City Conunission's direction is consistent with section 162.05, Florida Statutes. It appears
that the City Code mirrored the prior language of the Florida Statutes which was also amended to
make the statutes gender neutral.
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STAFF RECOMMENDATION:
The City Attorney recommends that the City Commission adopt Ordinance 2005-26 on Second
Reading.
ATTACHMENT:
Ordinance 2005-26
COMMISSION ACTION:
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ORDINANCE NO. 2005-26
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA, AMENDING CHAPTER 2,
ARTICLE III, SECTION 2-57, REGULATING MEMBERSHIP,
APPOINTMENT, AND QUALIFICATIONS OF THE CODE
ENFORCEMENT BOARD; PROVIDING FOR 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 purpose of this ordinance is to make the wording in section 2-57 gender
neutral consistent with section 162.05, Florida Statutes; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests ofthe 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 true and correct and are fully
incorporated herein by this reference.
Section 2. Adoption of Amendments to the Code. The Code of Ordinances for the
City of Winter Springs, Chapter 2, Article III, Section 2-57 is amended as follows: (underlined type
indicates additions and sttikeout type indicates deletions).
Sec. 2-57. Membership; appointment; qualifications.
The code enforcement board shall consist of seven (7) members to be appointed by
the city commission. Appointments to the board shall be on the basis of experience
or interest in the fields of zoning and building control. The membership of the
enforcement board shall, whenever possible, include an architect, a businessman
businessperson, an engineer, a general contractor, a subcontractor and a realtor or as
otherwise provided by law.
City of Winter Springs
Ordinance No. 2005-26
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. 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 5. 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 ,2005.
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
Ordimince No. 2005-26
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