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HomeMy WebLinkAboutOrdinance 2010-06 Creating the Bicycle and Pedestrian Advisory Committee ORDINANCE NO. 2010 -06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING THE BICYCLE AND PEDESTRIAN 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 1.5.18 directs the establishment of a trails advisory committee made up of residents who will work together to pursue the planning and implementation of an interconnected trail and bicycle system and make appropriate recommendations to the City Commission; and WHEREAS, a Bicycle and Pedestrian 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, 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 -43 and 2 -44 as follows (underlined type indicates textual additions to the City Code): Sec. 2 -43. Creation; composition; appointment of members. (a) Pursuant to Transportation Element Policy 1.5.18 of the city's comprehensive plan, the city hereby establishes a trails advisory committee which shall be known as the "Bicycle and Pedestrian Advisory Committee ". (b) The Committee shall have five (5) members and membership on the Committee shall be in accordance with the terms of Section 2 -42 of this code except as expressly provided in this Section. The Committee may additionally include ex officio members, who may or may not be residents of City of Winter Springs Ordinance No. 2010 -06 Page 1 of 3 the city, who can provide technical support or expertise in any aspect of the Committee's work. Such ex officio members will have no voting power and cannot be used for the purpose of establishing a quorum for m etings. Any commissioner or the mayor may appoint an ex officio member but such appointment is not effective until ratified by majority vote of the city commission. (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. No person shall be appointed with private or personal interests likely to conflict with the general public interest. (d) The Committee shall conduct four (4) quarterly regular meetings each year and may conduct additional special meetings as may be necessary to properly perform its duties and functions. (e) The Committee 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. (0 The Committee shall be subject to the Florida Public Records Act and the Sunshine Law. Sec. 2 - 44. Purpose and Duties. (a) The purpose of the Committee is to promote trail, pedestrian and bicycle circulation systems and encourage increased use of non - motorized transportation 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, sidewalks and bikeways within the city. (4) Recommend to the city commission establishment, development, planning, funding and maintenance of specific trail, sidewalk 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 9rganizations regarding trail, sidewalk 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. 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 City of Winter Springs Ordinance No. 2010 -06 Page 2 of 3 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 W' • er Springs, Florida, in a regular meeting assembled on the 23r day of August, 2010. . J t F. BUS ;19l�yor ATTES ► : A 'DR / 41 0 RENZO - LUACES, City Clerk Approv • : s o legal form and sufficiency for the C'- 40 r Springs onl : ANTHONY A. GARGANESE, City Attorney First Reading: April 12, 2010 Second Reading: August 23, 2010 Effective Date: August 23, 2010 City of Winter Springs Ordinance No. 2010 -06 Page 3 of 3