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HomeMy WebLinkAboutOrdinance 2012-11 Sunseting of the Beautification of Winter Springs Board ORDINANCE NO. 2012-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; REGARDING URBAN BEAUTIFICATION; AMENDING CHAPTER 2, DIVISION 4 OF THE CITY CODE TO DELEGATE TO THE CITY MANAGER THE RESPONSIBILITY OF COORDINATING THE CITY'S URBAN BEAUTIFICATION EFFORTS WITH CITY STAFF, VARIOUS CITY BOARDS AND COMMITTEES WITHIN THEIR RESPECTIVE ASSIGNED AREAS OF RESPONSIBILITY AND JURISDICTION, AND OTHER PARTIES DEEMED APPROPRIATE BY THE CITY MANAGER; PROVIDING FOR THE DISSOLUTION OF THE CITY'S BEAUTIFICATION BOARD; 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, currently the City operates an urban beautification division within the Community Development Department; and WHEREAS, in addition, the City also currently has several boards and committees that have been assigned various beautification related responsibilities within their respective areas of discipline and jurisdiction including the Parks and Recreation Advisory Committee, the Bicycle and Pedestrian Advisory Committee,the Tuscawilla Lighting and Beautification Advisory Board, and the Oak Forest Wall Advisory Board; and WHEREAS, the City's Beautification Board was created in 1989 pursuant to Ordinance No. 459 to assist the City in its beautification efforts; and WHEREAS,the City Commission recognizes that the BOWS Board has made significant contributions to the City's beautification efforts over the years and the City Commission wishes to thank all past and current BOWS board members for their dedicated service; and WHEREAS, the City Commission finds, however, that since the BOWS Board was created in 1989, the City has grown tremendously in terms of population and geographical size; and City of Winter Springs Ordinance No. 2012-11 Page 1 of 5 WHEREAS, because of this growth, the City's beautification efforts and responsibilities have become more complex and time consuming to manage; and WHEREAS, because of the complexities involved in managing the City's overall beautification efforts on a day-to-day basis, the City Manager has, especially in more recent years, been primarily responsible for coordinating the efforts of the urban beautification division and the various boards and committees, and the role of the City's Beautification Board has correspondingly diminished; and WHEREAS, for purposes of eliminating redundancy and streamlining the management of the City complex beautification efforts and needs, the City Commission desires to amend the City Code to codify past City practices and dissolve the City's Beautification Board; 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 of Ordinances, Chapter 2, Division 4 of the City Code is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): DIVISION 4. -URBAN BEAUTIFICATION BOARD Sec. 2-76.-C-rePurpose and Intent. There is hereby created "The Beautification of Winter Springs Board" (hereinafter referred to as "BOWS") The purpose of this Division is to emphasize the city commission's commitment to urban beautification throughout the city. The commission recognizes that various city boards and committees and city staff members play an important role in the city's beautification efforts within their respective areas of discipline and jurisdiction that have been assigned by city code, the city commission and city manager. It is the intent of this division to promote urban beautification within the city and to authorize the city manager to coordinate this effort in an efficient manner on behalf of the city. •Scc T — • •• • • • • • , • • • • •• • • . •• • •• . City of Winter Springs Ordinance No.2012-1 1 Page 2 of 5 2 42. Sec. 2 78. -- • • - ---- - - in which its meetings and affairs are conducted, provided that such rules and procedures are not inconsistent with federal and state law (where applicable), the City Code or direction of the city commission. Sec. 2-79-7. — City Manager's Duties; Use of Existing City Boards and Committees expenditures. (a) The Beautification of Winter Springs Board city manager is empowered and directed to consider and study the entire field of beautification in the city, and shall advise, counsel and consult with the city commission and the city manager in connection with the beautification and preservation of natural beauty of the city including the city's master beautification plan. The BOWS board shall consider all matters submitted to it by the city commission or the city manager, and shall offer suggestions and recommendations on it's the city manager's own initiative in regard to the beautification and cleanliness of city properties. To the extent deemed necessary and appropriate by the city manager,the city manager may assign these responsibilities to the city staff including city's urban beautification division within the community development department. (b) The city manager is authorized to cooperate It shall receive petitions and suggestions from the citizens of the city, and shall cooperate with civic groups, garden clubs, governmental agencies and other organizations regarding beautification, conservation of natural beauty, and related subjects. In addition, the city manager is authorized, to the extent deemed necessary and appropriate,to use the various existing boards and committees of the city to consider beautification issues and to make recommendations to the city,provided said use of the board or committee falls within the general scope of authority or jurisdiction assigned to the board or committee by the city commission. (b) The members of BOWS shall be compensated in accordance with the manner and proced+we set down by the city commission. Sec. 2-788. - Master beautification plan; recommendations to city commission. (a) It is the purpose of the Beautification of Winter Springs Board to The city will prepare and maintain a master plan for the overall beautification of the city with regard to those areas owned by the city, and recommendations to private and public property owners. The master plan may consist of various documents approved by the city commission including, but not limited to, the comprehensive plan, city codes, subarea beautification, aesthetic, and architectural plans like the City of Winter Springs Ordinance No.2012-11 Page 3 of 5 Town Center District Code. To the extent the city commission or city manager deems it in the city's best interest, the This-beard d city shall work with the various city boards and committees, as well as other civic groups and governmental agencies operating within the environmental limits of the city, to promote and enhance such as the following: (1) Beautification efforts relevant to and recognized by "pproacl e3 to the city including, but not limited to, beautification special assessment areas, entrance approaches to the city, parks and recreational facilities, recreational and bicycle trails, roadway medians, and conservation areas; (2) Surrounding county and other municipal jurisdiction areas which affect the impressions of visitors and citizens of the area with regard to the city. (b) BOWS The city manager shall recommend to the city commission such overall beautification projects as seem warranted and in the city's overall beautification interests., but shall refrain from 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. 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. City of Winter Springs Ordinance No. 2012-11 Page 4 of 5 ADOPTED by the City Commission of the City of Winter Springsf.. lorida, in a regular meeting assembled on the 10th day of September, 2012. / -: ' C ALES LA r, , AT a T: . f AN ►> aAwORENZO-LUACES W Jerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FORT Y OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: August 27, 2012 Legal Ad Published: August 30, 2012 Effective Date: See Section 6. City of Winter Springs Ordinance No.2012-11 Page 5 of 5