The URL can be used to link to this page

Home My WebLink About2004 06 14 Public Hearings 401 COMMISSION AGENDA ITEM 401 Consent Informational Public Heating, x Regular June 14. 2004 Meeting Mgr. I Att. / Depl. REQUEST: The City Attorney presents to the City Commission for the second and final reading Or~inance No. 2004-25 amending Chapter 2, Articlt:: TV. tmlitlcd "Elections," of the City of Willter Springs Code of Ordinances. ' PURPOSE: The purposc of this ordinance is to amend Chapter 2, Article TV of the City of Winter Springs Code " o[Or~inanccs by amending the dates for candidates to qualify for municipal elections, amending the election assessment to comply with Stute Statutes, and amending language to comply with State Statutes. APPLICABLE LA W AND PUBLIC POLICY: t. City and State of Florida Election Codes. CONSIDERATIONS: 1. The Seminole County SupeIVisor of Elections has noti fi eu the cities that they need to suhmit names and issues to appear 011 the November ballot no later than the day after the Primary Election, which is held nine weeks prior to the date of the Gener.il Election. Page lor 2 2. At this time, Sections 2-R7 and 2-88 ofU1e City Code should also be updated to comply with current State Statutes. 3. The City of Casselherry and City of Longwood have recently amended their qualifying periods lo the time same period set forth in Ordinance No. 2004-25. 4. The proposed amendment to the City Code is required for purposes of coordinating an orderly and efficient election with the Seminole County Supervisor of Elections. STAFF RECOMMENDATiON: The City Attorney and City Clerk recommend that Ordinance, No. 2004-25 be adopted on Second andf'inaJ Reading. ' ATTACHMENT: Ordina.nce No. 2004-25. COMMISSION ACTION: Page 2 of 2 ORDINANCE NO. 2004-25 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING ARTICLE IV, OF THE CODE OF ORDINANCES, ENTITLED "ELECTIONS;" AMENDING THE DATES FOR CANDIDATES TO QUALIFY FOR MUNICIPAL ELECTIONS; AMENDING THE ELECTION ASSESSMENT TO COMPLY WITH STATE STATUTES; AMENDING LANGUAGE TO COMPLY WITH STATE STATUTES; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Seminole County Supervisor of Elections has notified the cities that they need to submit names and issues to appear on the November ballot no later than the day after the Primary Election, which is held nine weeks prior to the date of the General Election; and WHEREAS, the existing qualifying period for the City of Winter Springs needs to be amended to allow this to occur; and WHEREAS, sections of the Code of Ordinance conflicts with State Statutes and the City Commission desires to update the Code. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, Article N, Elections 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 Article N. It is intended that the text in Article N denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Winter Springs Ordinance No. 2004-25 Page 1 of 3 ARTICLE IV. ELECTIONS* * * * Sec. 2-87. Qualification of candidates. Each candidate seeking the office of city commissioner or mayor or any other elective office of the city shall file a petition signed by fifteen (15) registered voters of the city with the city clerk. Each candidate seeking the office of city commissioner or mayor of any other elective office of the city shall have resided in the city one (1) year prior to the time of qualifying. Each candidate seeking the office of city commissioner shall be a resident of a dsignated commission district as established by ordinance and shall have resided in the designated commission district six (6) months prior to the time of qualifying. Notwithstanding the above requirement, city commissioners shall run at large as commission candidates under district designation. All candidates for offices in municipal elections shall be registered and qualified electors of the city at the time of their qualifying as a candidate with the city clerk and shall file an applie.atioIl de.signating thc. office. for whkh he/shc. is a candidate qualifying papers in accordance with State Statutes and pay the qualifying fee and election assessment provided for in section 2-88. Such application shall be filed and the qualifying fee paid during regular business hours any time after 12:00 noon on the first filing date. which shall be seventy-one (71) days prior to the municipal election. but not later than 12:00 noon on the sixtv- seventh (67) day prior to the municipal election. excluding Saturday and Sunday. between the. fust day of September and the fiftcc.nth day of September, during which the office shall be open for qna:Iifying e1e<;tion. Sec. 2-88. Qualifying fees. All candidates for city commission and mayor, qualifying as provided in this Code, shall pay a qualifying fee of one hundred fifty dollars ($150.00). The qualifying fee and the election assessment shall be paid to the city clerk and be paid by the clerk into the general fund of the city. Within 30 days after the close of qualifying. the city clerk shall forward the elections assessment to the Department of State. Pursuant to F.S. ~ 99.093(2). candidates who are unable to pay the election assessment without imposing an undue burden on their personal resources or resources otherwise available to them shall upon written certification of such inability given under oath to the city clerk be exempted from paying the election assessment. Any candidate exempt from the election assessment shall also be exempt from the City's qualifying fee. * * * City of Winter Springs Ordinance No. 2004-25 Page 2 of 3 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. 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 , 2004. 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. 2003-07 Page 3 of 3