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Home My WebLink About2013 06 10 Consent 204 Resolution 2013-12, Extending the Districting Commission Report Deadline COMMISSION AGENDA Informational Consent X ITEM 204 public Hearings g Regular June 10, 2013 KS RS Regular Meeting City Manager Department REQUEST: Pursuant to the requirements of the City Charter, Community Development Department and the City Attorney requests the City Commission to extend the time period for the Districting Commission to prepare and file its report with the City Commission. SYNOPSIS: City Commission adopted Resolution No. 2013-03 on January 28, 2013 appointing members to the City's 2013 Districting Commission. Section 4.02 of the City Charter requires that the Districting Commission prepare and file a report with the City Commission within 120 days of appointment to the District Commission. City staff is still working diligently in preparing the data and map to present to the Districting Commission and has not yet scheduled a Districting Commission meeting. Given these circumstances, the Community Development Department and the City Attorney desire to extend the time period for the Districting Commission to prepare and file its report with the City Commission from May 28, 2013 to October 8, 2013. CONSIDERATIONS: 1. Section 4.02 of the City Charter requires the Districting Commission prepare and file a report with the City Commission within 120 days of appointment to the District Commission. City Commission adopted Resolution No. 2013-03 on January 28, 2013 appointing members to the City's 2013 Districting Commission. Furthermore, the resolution established a deadline of May 28, 2013 for the Districting Commission to file their report with the City Commission. 2. The Community Development Department and the City Attorney requests that the City Commission grant the Districting Commission an additional 120 days after Consent 204 PAGE 1 OF 3-June 10,2013 the date of this Resolution is adopted, until October 8, 2013, to file its report containing a recommended plan for adjustment of the commission district boundaries to the City Commission. 3. The City Commission has until July 7, 2014 (120 days prior to the next City election) to accept or reject the Districting Commission's report. 4. Section 4.02 of the City Charter provides: Section 4.02. - Commission districts; adjustment of districts. (a) Number of districts. The city commission of the City of Winter Springs, Florida, shall by separate ordinance divide the city into five(5) geographical commission districts. (b) Districting commission. By the first day of February, 1991, the first day of February, 1992, and every three (3) years thereafter, the city commission shall appoint seven (7) city electors determined from the registration of the last regular election, one (1) to be appointed by each commissioner from their respective district, and two (2) appointed by the mayor from the city at large, who shall comprise the districting commission. Electors chosen shall not be employed by the city in any other capacity. The initial districting commission, creating and establishing the first commission districts, shall be appointed by each commissioner and the mayor from the city at large. (C) Report; specifications. The districting commission shall file with the official designated by the city commission a report containing a recommended plan for establishment or adjustment of the commission district boundaries. The initial districting commission, creating and establishing the first commission districts, shall file such report within ninety (90) days of appointment. Thereafter, such reports shall be filed within one hundred twenty (120) days of appointment to the districting commission. The commission district boundaries shall comply with the following specifications: (1) Each district shall be formed of compact, contiguous territory, and its boundary lines shall follow the center lines of streets insofar as practical or possible, or other boundaries available. (2) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed with the designated official, the report shall be treated as an ordinance introduced by a commissioner. (d) Support. It shall be the responsibility of the city manager to provide staff assistance and technical data to the districting commission. (e) Procedure. The procedure for the city commission's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinances is published pursuant to this Charter and general law, it must include both the map and a description of the recommended districts. (f) Failure to enact ordinance. The city commission shall adopt the redistricting ordinance at least one hundred twenty (120) days before the next city election. If the city commission Consent 204 PAGE 2 OF 3-June 10,2013 fails to either accept or reject the redistricting ordinance, the report of the districting commission shall go into effect and have the same effect of an ordinance. The proposed redistricting ordinance may not be rejected for any reason except for failure to comply with the specifications listed in section 4.02(c) of this Charter or failure to comply with other local, state or federal law. (g) Effect of enactment. The new commission districts and boundaries as of the date of enactment shall supersede previous commission districts and boundaries for all purposes; provided all incumbent commissioners shall continue to hold office for the entire term to which elected notwithstanding any change in commission district and boundaries. (Ord. No. 2010-19, § 9, 8-9-10) FISCAL IMPACT: There is no direct fiscal impact related to the adoption of the Resolution other than staff and attorney time to prepare the Resolution. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Community Development Department and the City Attorney recommend that the City Commission approve Resolution 2013-12 extending the time period for the Districting Commission to prepare and file its report with the City Commission until October 8, 2013. ATTACHMENTS: Resolution 2013-12 Consent 204 PAGE 3 OF 3-June 10,2013 RESOLUTION NO. 2013-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA EXTENDING THE TIME PERIOD FOR THE DISTRICTING COMMISSION TO FILE ITS REPORT TO THE CITY COMMISSION RECOMMENDING A PLAN FOR THE ADJUSTMENT OF COMMISSION DISTRICT BOUNDARIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission adopted Resolution No. 2013-03 on January 28, 2013 appointing members to the City's 2013 Districting Commission; and WHEREAS, section 4.02 of the City Charter requires that the Districting Commission prepare and file a report with the City Commission containing a recommended plan for the adjustment of commission district boundaries within 120 days of appointment to the Districting Commission; and WHEREAS, City staff is still preparing the data and map to present to the Districting Commission and has not yet scheduled a Districting Commission meeting; and WHEREAS, given these circumstances, the City Commission desires to extend the time period for the Districting Commission to prepare and file its report with the City Commission; and WHEREAS, the City Commission finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Winter Springs, Florida as follows: SECTION 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated herein by this reference as a material part of this Resolution. SECTION 2. Extension of Time. The Districting Commission shall have an additional 120 days after the date this Resolution is adopted, until October 8, 2013, to file its report containing a recommended plan for adjustment of the commission district boundaries to the City Commission. SECTION 3. Effective Date. This Resolution shall take effect immediately upon its final passage and adoption by the City Commission. City of Winter Springs Resolution No. 2013-12 Page 1 of 2 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular Meeting duly assembled on the 10th day of June, 2013. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2013-12 Page 2 of 2