AGENDA MEMORANDUM

Meeting Date: November 23, 2009

From:                          Betty M. Richardson, City Clerk

Subject:                      Ordinance Amending Section 2-21 of the Code of Ordinances changing the second City Commission meeting in December to the third Monday in December of each year

Staff Recommendation:

Staff recommends adoption of the ordinance changing the second Commission meeting in December to the third Monday in December of each year.

Analysis:

When the Christmas holidays fall on the fourth Monday in December, the Commission has the option to change the meeting date to whatever date they deem most convenient. Each time, the holidays have fallen on the fourth Monday, the Commission has voted to have the meeting the third Monday.   By changing the second Commission meeting in December of each year to the third Monday of the month, staff will be able to plan a definite date for the meeting.   This change will help considerably regarding advertising when staff plans second readings of ordinances for December.

Each year the Christmas holiday does not fall on a regular City Commission meeting date, the fourth Monday is usually right after the holiday time. The timing does not give adequate time for the Commission to review the Agenda and ask questions of staff regarding the agenda prior to the meeting.  Also, it is difficult to prepare the agenda in a timely fashion to include items that need to be completed before year end.

Options:

1.  Adopt the ordinance changing the second meeting in December of each year to the third Monday of December

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

None

Submission Date and Time:    12/10/2009 5:14 PM____

Department: __City Clerk ____________ Prepared by:  __B. Richardson ______ Attachments:         Yes____   No ____ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes___  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head _BR_______ Finance  Dept. ___________JB_____                                    Deputy C.M. ___________________                                          Submitted by: City Manager ___________________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING SECTION 2-21 OF THE CODE OF ORDINANCES OF THE CITY OF LEESBURG, FLORIDA; PERTAINING TO DATES CITY COMMISSION MEETINGS ARE HELD; PROVIDING A SAVINGS CLAUSE; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

SECTION 1.

Section 2-21 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended to read as follows: 

Sec. 2-21. When meetings held.

The regular session of the city commission of the city shall be held on the second and fourth Mondays of each month, with the exception of December, which shall be the second and third Mondays. Such sessions shall begin at 5:30 p.m. When a regular meeting of the city commission falls on a legal holiday, that meeting shall be rescheduled to a date chosen by a majority vote of the city commissioners present at a meeting where a quorum is in attendance.

SECTION 2.

If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this Ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of the ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

SECTION 3.

All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinances, in which case those ordinances so effected shall be hereby repealed in their entirety.

SECTION 4.

This Ordinance shall become effective upon its passage and adoption according to law.

             PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the ______ day of ______________, 2009. 

                                                                                    THE CITY OF LEESBURG

By: __________________________

                                                                                                 Mayor

ATTEST:

_______________________________________

City Clerk