HomeMy WebLinkAbout2010 01 04 Regular 600 Consider Information Provided Related To Charter Review COMMISSION AGENDA
Consent
ITEM 600 Informational
Public Hearing
Regular X
January 4.2010 MGR.': /DEPT.
Special Meeting Authorization
REQUEST: The City Manager requests that the Commission consider the information provided in this
Agenda Item related to a Charter Review and then provide direction for proceeding as deemed
appropriate.
PURPOSE: The purpose of this Agenda Item is to initiate specific discussions and make necessary
decisions regarding a Charter Review by providing the Commission relative information in order for the
Commission to determine the course of action it wishes to take.
CONSIDERATIONS:
HISTORY /SUMMARY OF LEGAL PROCESS
The current Charter for the City of Winter Springs was last revised in 2001, as a result of more than an
18 month process which included using the services of a Facilitator, Technical Advisors, and appointed
Winter Springs citizens who served on a Charter Review Committee. In 2001, the City Charter was
comprehensively reviewed for consistency with the Model City Charter, 7 Edition, National Civic
League. The National Civic League has since published the 8 Edition of the Model City Charter in
2003.
If there are any changes to the current City Charter that the City Commission wishes to consider, such
changes must be memorialized in an Ordinance for consideration, and upon Approval of such Ordinance,
then those changes, which would be in the form of Amendment(s), would need to be placed on the Ballot
in an upcoming Election.
The next Municipal Election is scheduled for Tuesday, November 2, 2010. (This would be the most cost
effective method as we would normally piggyback on the Seminole County Supervisor of Elections'
Election). The attached timelines anticipates completion of the 2010 Charter Review process in order to
place any resulting Amendments on that November 2, 2010 ballot.
CHARTER REVIEW COMMITTEE CONSIDERATIONS
At this point, the Commission should consider whether or not it wishes to:
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REGULAR AGENDA ITEM "600"
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A. Utilize a Citizen Charter Review Committee or
B. Have the Commission serve as the Charter Review Committee or
C. Do not create a Charter Review Committee and have the Commission identify a limited number
of specific charter provisions that should be evaluated for amendment.
Basically speaking, in making this decision, the Commission should determine whether or not it feels that
comprehensive and substantive changes to the Charter are warranted. If the Commission feels that
comprehensive and substantive changes may be warranted, it would typically be more appropriate for the
Commission to establish a more formal review process which would include a Charter Review
Committee which would either consist of a group of appointed citizens or the members of the City
Commission serving as the Committee in an ex officio capacity.
Conversely, if comprehensive changes are not warranted (i.e., the Commission feels that the Charter is
suitable and that there are just a few provisions of the City Charter that the Commission wishes to
consider for change), it would typically be more appropriate and efficient for the Commission to identify
the areas of the Charter that may need to be amended and conduct deliberative hearings to determine
whether specific charter amendments should be proposed to the voters for consideration.
Irrespective of this, the Commission may wish to utilize a Charter Review Committee (regardless of the
amount and nature of potential changes) in order to afford our citizens maximum participation in the
process of City government.
FACILITATOR/COMMITTEE APPOINTMENTS
If the Commission determines that it wishes to utilize a Citizen Charter Review Committee, the
Commission should then proceed with appointment of said citizens to the Committee as deemed
appropriate. It is recommended that the make -up of the Committee be of a manageable size in order to
ensure an efficient and effective process. For example /reference, the 2007 Ad Hoc Citizen Property Tax
Advisory Committee was comprised of 21 members, which arguably was too large and did not provide
for an organized, efficient process.
In the 200/2001 Charter review process, the City utilized a Citizen Charter Review Committee consisting
of 6 members as follows:
Mayor —1 appointment
Commissioner, District 1 —1 appointment
Commissioner, District 2 1 appointment
Commissioner, District 3 —1 appointment
Commissioner, District 4 1 appointment
Commissioner, District 5 —1 appointment
Total appointments 6.
For 2010, potential Committee make -ups are suggested as follows:
Mayor 1 appointment
Commissioner, District 1 2 appointments
Commissioner, District 2 2 appointments
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REGULAR AGENDA ITEM "600"
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Commissioner, District 3 2 appointments
Commissioner, District 4 2 appointments
Commissioner, District 5 2 appointments
Total appointments 11.
Or:
Mayor 2 appointments
Commissioner, District 1 1 appointment
Commissioner, District 2 1 appointment
Commissioner, District 3 1 appointment
Commissioner, District 4 1 appointment
Commissioner, District 5 1 appointment
Total appointments 7.
Or:
Mayor —1 appointment
Commissioner, District 1 1 appointment
Commissioner, District 2 1 appointment
Commissioner, District 3 —1 appointment
Commissioner, District 4 1 appointment
Commissioner, District 5 1 appointment
One "at- large" appointment (agreed upon by all Commissioners)
Total appointments 7.
Of course, the Commission may consider any other make -up of the Committee it deems appropriate.
However, it is recommended that a maximum of 11 members be utilized, again, to afford an efficient and
effective process. If the Commission desires to go this route, staff will bring back this item at the next
two regular Commission meetings for the Commission to make actual appointments.
Secondly, if the Commission determines that it wishes to utilize a Citizen Charter Review Committee, it
is recommended that a Committee Facilitator be procured in order to assist the Committee and further
ensure and effective, efficient and successful process. Staff has contacted several individuals with
varying backgrounds that could serve in this role and would contract with one of these individuals if the
Commission determines that it wishes to go this route.
If the Commission determines that it wishes to serve as the Charter Review Committee, obviously,
Committee appointments would not be necessary. Additionally, a facilitator would be optional.
Regardless of the route the Commission desires to utilize regarding the Charter Review Committee, staff
would also be available to offer any support the City Commission may need and to insure that all
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REGULAR AGENDA ITEM "600"
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information and other items needed are provided to the Commission. Additionally, technical consultants
would be utilized, as needed, to assist in the process.
FUNDING:
The most cost effective /lowest proposal received from prospective Charter Facilitators was
approximately $1,500, depending on the amount of time /meetings required. (Based on information on
file, funding in the amount of $25,000 was requested for the previous Charter Review held in 2000-
2001). Funding for a Charter Review in 2010 was not included in the current Budget; therefore a
Supplemental Appropriation from the General Fund would be necessary to pay for the services of a
Facilitator and/or other technical consultants, if the Commission desires to go that route.
PUBLIC INPUT /COMMUNICATION EFFORTS:
In keeping with the City Commission and the City Manager's pledge of transparency, regardless of the
make -up of the Charter Review Committee, the citizens of Winter Springs would be invited to be part of
the process, as shown in the Timeline in Attachment C.
Also, in addition to the normal posting of all meetings related to the Charter Review process, the
following methods of communication would be implemented to help get the word out to residents:
1. "Public Input" listed on every Meeting Agenda related to the Charter Review
2. All applicable Meetings will be noted on the City Calendar
3. Public Hearings 2 Readings with advertisement on 2nd Reading and "Public Input" opened
during the discussion of the Agenda Item for each Reading
4. Legal Advertisements in the Orlando Sentinel (for required Ordinance Notices)
5. Messages related to the Charter Review will be sent out in more than 1 Utility Bill (text would be
at the bottom of Utility Bills)
6. Special Notices could be included in Utility Bills (especially announcing any Town Hall
Meetings that the City Commission may wish to hold)
7. Website
8. eAlerts about the various stages of the Charter Review
9. Article(s) in upcoming City Newsletters
10. Notices sent out to all Homeowner's Association key contacts we have on file
11. Notices to hopefully be included in such Homeowner's Association Publications (to include
Tuscawilla/Oak Forest/Highlands Homeowner's Association Publications)
12. City Booth/Tent at City Events (if applicable)
13. Electronic Message Board outside City Hall (when installed)
RECOMMENDATIONS:
The City Manager requests the Commission:
1. Determine the route it wishes to proceed regarding a Charter Review Committee, either:
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a. Utilize the Commission as the Charter Review Committee (see attached Resolution) or
the City Commission can identify specific provisions of the City Charter that they want
to consider amending
b. Utilize a Citizen Charter Review Committee
2. If a Citizen Charter Review Committee is deemed to be the chosen route, then the Commission is
requested to:
a. determine the size /make -up of the Committee
b. approve the attached Resolution outlining the functions of the Committee
3. Discuss the proposed timeline.
4. Take any other course of action deemed appropriate.
PREVIOUS MATERIALS
PROVIDED TO THE
CITY COMMISSION IN 2009:
In early February 2009, more than 46 City Charters from other Florida municipalities were provided to
the Mayor and City Commission, at the request of Members of the City Commission.
If you need additional copies of the previously submitted materials, please advise.
ATTACHMENTS:
A. City of Winter Springs current Charter
B. Proposed Resolutions outlining the use of a citizen appointed process (Winter Springs Ad Hoc
Charter Review Advisory Committee) or use of the City Commission as the Committee in an ex
officio capacity
C. Proposed/Tentative Timelines
ATTACHMENT "A"
PART I
CHARTER*
Article L Corporate Name
Sec. 1.01. Corporate name.
Article 11 Territorial Boundaries
Sec. 2.01. Thrritorial Boundaries.
Sec. 2.02. Property added by annexation since 1972.
Sec. 2.03. Annexation procedure.
Article III. Powers of the City
Sec. 3.01. Generally.
Article IV Governing Body
Sec. 4.01. Composition; qualification of members; and commission districts.
Sec. 4.02. Commission districts; adjustment of districts.
Sec. 4.03. Election and terms.
Sec. 4.04. Compensation; expenses.
Sec. 4.05. Mayor.
Sec. 4.06. General powers and duties.
Sec. 4.07. Prohibitions; holding other office.
Sec. 4.08. Vacancies; forfeitures of office; filling of vacancies.
Sec. 4.09. Judge of qualifications.
Sec. 4.10. City clerk.
Sec. 4.11. Investigations.
Sec. 4.12. Independent audits.
Sec. 4.13. Procedure.
Sec. 4.14. Actions requiring an ordinance.
Sec. 4.15. Ordinances in generaL
Sec. 4.16. Authentication and recording, codification.
Article V. City Manager
Sec. 5.01. Appointment; qualifications, compensation.
Sec. 5.02. RemovaL
Sec. 5.03. Powers and duties of the city manager.
Sec. 5.04. Acting city manager.
Article VL Administrative Departments
Sec. 6.01. Power of commission to establish.
Sec. 6.02. City attorney.
'Editor's note —Part I of this Code consists of the amended Charter of the City of Winter Springs as set forth by Ord. No.
2001-44 and ratified by referendum on Sept. 4, 2001. The original arrangement including section numbers and catchlines has been
retained. Catchlines added by the editor have been enclosed in brackets. Amendments will be indicated by a history note following
the amended section. The absence of such history note indicates that the section is derived unchanged from 2001 Charter. The
former Charter of the city was derived from the 1981 Charter approved by the voters by the referendum of Nov. 3, 1981.
Supp. No. 2 1
WINTER SPRINGS CODE JJ
l j
Article VII. Financial Procedure
Sec. 7.01. Fiscal year.
Sec. 7.02. Submission of budget and budget message.
Sec. 7.03. Contents of budget.
Sec. 7.04. Capital Program.
Sec. 7.05. Commission action on budget.
Sec. 7.06. Public records.
Sec. 7.07. Amendments after adoption.
Article VIIL Nominations and Elections
Sec. 8.01. The city elections.
Sec. 8.02. Qualified voters.
Sec. 8.03. Election procedures.
Sec. 8.04. Non Partisan Elections.
Article IX. Initiative and Referendum
Sec. 9.01. General authority.
Sec. 9.02. Commencement of proceedings; petitioners' committee; affidavit.
Sec. 9.03. Petitions.
Sec. 9.04. Procedure after filing.
Sec. 9.05. Referendum petitions; suspension of effect of ordinance.
Sec. 9.06. Action on petition.
Sec. 9.07. Results of election.
Article X. Amendments
Sec. 10.01. General Authority.
Article XL Severability
Sec. 11.01. Severability.
Article %IL Powers
Sec. 12.01. Powers generally.
Article XIII. Transitional Provisions
Sec. 13.01. City ordinances.
Sec. 13.02. City contracts.
Sec. 13.03. City officials.
Sec. 13.04. First Elections under Charter.
Appendix A Territorial Boundaries
Supp. No. 2 2
CHARTER 4.02
ARTICLE L CORPORATE NAME ARTICLE N GOVERNING BODY
Section 1.01. Corporate name. Section 4.01. Composition; qualification of
members; and commission dis-
The municipality hereby established shall be tricts.
known as the City of Winter Springs, Florida. (a) Composition. There shall be a governing
body composed of the mayor and five (5) commis-
sion members elected by the voters of the city as
ARTICLE 11. TERRITORIAL BOUNDARIES provided in this Charter for a term of four (4)
years commencing on the first Monday after the
Section 2.01. Territorial Boundaries. first day of December of each year an election is
held, and its members shall serve until their
Editor's note -A metes and bounds description of the successors have taken office; provided such terms
territorial boundaries of the City of Winter Springs, Florida is
presented in Appendix "A." shall not exceed four (4) years. Not more than one
(1) commission member shall reside in each of the
five (5) commission districts provided for in Sec
Section 2.02. Property added by annexation lion 4.02 (a) of this Charter. The mayor shall be
since 1972. elected at large and may reside anywhere within
the city.
All property annexed to the City of Wmter
Springs, Florida, since the adoption of the Char- (b) Eligibility. Only qualified voters of the city
ter of 1972. shall be eligible to hold the office of mayor or
Editor's note—A listing of ordinances annexing property commissioner. Qualifications for candidates for
to the city is maintained at the end of Appendix A. the offices of mayor and city commissioner are as
set out in Section 2 -87, Code of the City of Wmter
Section 2.03. Annexation procedure. Springs, Florida, as may be amended from time to
time.
The commission of the City of Winter Springs, Section 4.02. Commission districts; adjust
Florida, may propose by ordinance to annex an merit of districts.
area of contiguous, compact, unincorporated land
to the territorial limits of the municipality; or (a) Number of districts. The city commission of
upon petition by all landowners of real property the City of Winter Springs, Florida, shall by
which is contiguous, reasonably compact and un- separate ordinance divide the city into five (5)
incorporated, the City of Winter Springs, may geographical commission districts.
annex said land to the territorial limits of the
municipality by ordinance. The procedure to be (b) Districting commission. By the first day of
followed in the annexation of territory shall be as February, 1991, the first day of February, 1992,
and every three (3) years thereafter, the city
set forth in Chapter 171, Florida Statutes as it commission shall appoint seven (7) city electors
now exists or as it may be renumbered or amended. determined from the registration of the last reg-
ular election, one (1) to be appointed by each
ARTICLE III. POWERS OF THE CITY commissioner from his/her respective district, and
two (2) appointed by the mayor from the city at
large, who shall comprise the districting commis
Section 3.01. Generally. sion. Electors chosen shall not be employed by the
city in any other capacity. The initial districting
The city shall have all powers possible for a city commission, creating and establishing the first
to have under the constitution and laws of this commission districts, shall be appointed by each
State as fully and completely as though they were commissioner and the mayor from the city at
specifically enumerated in this Charter. large.
Supp. No. 2 3
4.02 WINTER SPRINGS CODE
l
(c) Report; specifications. The districting com- nance. The proposed redistricting ordinance may
mission shall file with the official designated by not be rejected for any reason except for failure to
the city commission a report containing a recom- comply with the specifications listed in section
mended plan for establishment or adjustment of 4.02(c) of this Charter or failure to comply with
the commission district boundaries. The initial other local, state or federal law.
districting commission, creating and establishing
the first commission districts, shall file such re- (g) Effect of enactment. The new commission
port within ninety (90) days of appointment. districts and boundaries as of the date of enact
Thereafter, such reports shall be filed within one ment shall supersede previous commission dis-
hundred twenty (120) days of appointment to the tncts and boundaries for all purposes; provided
districting commission. The commission district all incumbent commissioners shall continue to
boundaries shall comply with the following spec- hold office for the entire term to which elected
ifications: notwithstanding any change in commission dis-
trict and boundaries.
(1) Each district shall be formed of compact,
contiguous territory, and its boundary lines Section 4.03. Election and terms.
shall follow the center lines of streets
insofar as practical or possible, or other (a) The regular election of mayor and commis
boundaries available. sioners shall be held at the time provided for in
(2) The districts shall be based upon the Section 8.01 of this Charter. All elections shall be
for four -year terms of office. The terms of the
principle of equal and effective represen- mayor and commissioner shall begin the first
tation as required by the United States Monday after the first day of December of each
Constitution and as represented in the year an election is held.
mathematical preciseness reached in the
legislative apportionment of the state. (b) City commission seats are hereby desig-
(3) The report shall include a map and de- nated as seats one, two, three, four and five.
scription of the districts recommended (c) The mayor shall be limited to three (3)
and shall be drafted as a proposed ordi- consecutive full terms of office. Commission mem-
nance. Once filed with the designated bers shall be limited to three (3) consecutive full
official, the report shall be treated as an terms of office. The mayor or any commission
ordinance introduced by a commissioner. member who has served three (3) consecutive full
(d) Support. It shall be the responsibility of the terms of office after having been out of office for a
city manager to provide staff assistance and tech- Period of one (1) year, shall be eligible for election
nical data to the districting commission. to successive three (3) consecutive full terms of
office; provided however, this limitation shall not
(e) Procedure. The procedure for the city prohibit a person who has served three (3) con
commission's consideration of the report shall be secutive full terms of office as mayor from quali-
the same as for other ordinances, provided that if fying and being elected as a commission member;
a summary of the ordinances is published pursu- nor shall this limitation prohibit a person who
ant to this Charter and general law, it must has served three (3) consecutive full terms of
include both the map and a description of the office as a commission member from qualifying
recommended districts. and being elected as mayor of the city
(f) Failure to enact ordinance. The city commis- Section 4.04. Compensation; expenses.
sion shall adopt the redistricting ordinance at
least one hundred twenty (120) days before the The city commission may determine the an-
next city election. If the city commission fails to nual salary of mayor and commissioners by ordi-
either accept or reject the redistricting ordinance, nance, but no ordinance increasing such salary
the report of the districting commission shall go shall become effective until the date of commence-
into effect and have the same effect of an ordi- ment of the terms of mayor and commissioners
Supp. No. 2 4
CHARTER 4.08
elected at the next regular election, provided that Section 4.07. Prohibitions; holding other of-
such election follows the adoption of such ordi- fice.
nance by at least six (6) months. The mayor and (a) Holding other office. Except where autho-
each commissioner of the city shall be reimbursed rized by law, neither the mayor nor any commis
from the city treasury to cover the expenditures sion member shall hold any other elected public
naturally and necessarily incurred in the perfor- office during the term for which the mayor or
mance of their duties of office and said reimburse commission member was elected. Neither the
ment for expenses shall be established by resolu- mayor nor any commission member shall hold
tion. any other city office or city employment with the
City of Wmter Springs during the term of office
Section 4.05. Mayor. for which elected. No former mayor or commission
member shall hold any compensated appointive
At each regular election for the office of mayor, office or employment with the city until one year
a mayor shall be elected at large for a term of four after the expiration of the term for which the
(4) years and shall serve until his successor is mayor or commission member was elected. Noth
elected and qualified; provided such term of office
mg in this section shall be construed to prohibit
shall not exceed four (4) years. The mayor shall the mayor or any commission member from se-
preside at meetings of the city commission, rep- letting any current or former mayor or any cur
resent the city in intergovernmental relation- rent or former commission member to represent
ships, present an annual State of the City Mes- the city on the governing board of any regional or
sage, and perform other duties specified by the other intergovernmental agency, or to prohibit
commission. The mayor shall be recognized as any former mayor or commission member from
head of the city government for all ceremonial serving as a member of city advisory boards and
purposes and by the governor for purposes of
commissions.
military law, but shall have no administrative (b) Appointments and Removals. Neither the
duties. The city commission shall elect from among mayor nor any commission member shall in any
its members a deputy mayor who shall act as manner control or demand the appointment or
mayor during the absence or disability of the removal of any city administrative officer or em-
mayor, and if a vacancy occurs, shall become ployee whom the city manager or any subordinate
mayor for the remainder of the un- expired term of of the city manager is empowered to appoint, but
the commission may express its views and fully
the mayor. and freely discuss with the city manager anything
The mayor shall not vote except in case of a tie pertaining to appointment and removal of such
vote of the commission. Within ten (10) days after officers and employees.
the adoption of any ordinance by the city commis- (c) Interference with Administration. Except
sion, the mayor shall have the power to veto said for the purpose of inquires and investigations
ordinance and return it to the commission at the under section 4.11, the mayor and city commis
next regular meeting with a written message. It sion shall not give orders to city officers and
shall require the affirmative vote of four (4) employees who are subject to the direction and
commission members to pass the ordinance after supervision of the city manager, either publicly or
the mayor's veto. privately, provided this prohibition shall not be
construed so as to prevent the mayor and commis-
sion members from communicating with the var-
Section 4.06. General powers and duties. ious officers and employees of the city, as in the
All powers of the city shall be vested in the case of any other citizen of the city
commission, except as otherwise provided by law Section 4.08. Vacancies; forfeitures of of-
or this Charter, and the commission shall provide fice; filling of vacancies.
for the exercise thereof and for the performance of (a) Vacancies. The office of the commissioner
all duties and obligations imposed on the city by or mayor shall become vacant upon his death,
law. resignation, removal from office in any manner
Supp. No. 2 5
4.08 WINTER SPRINGS CODE
I
authorized by law or forfeiture of his office, or in proceedings and perform such other duties as are
the event no one is elected to the office of mayor or provided by this Charter, by the commission or by
commission member. law.
(b) Forfeiture of office. Acommissioner or mayor (b) The city clerk may be removed by a vote of
shall forfeit his office if he: not less than four (4) commission members.
(1) Lacks at any time during his term of office
any qualifications prescribed by this Char- Section 4.11. Investigations.
ter or by law; or
(2) Knowingly and willfully violates any ex- The commission may make investigations into
press prohibition of this Charter; or the affairs of the city and the conduct of any city
department, office or agency and for this purpose
(3) Is convicted of a felony; or may subpoena witnesses, administer oaths, take
testimony and require the production of evidence.
(4) Fails to attend three (3) consecutive reg- Any person who fails or refuses to obey a lawful
ular meetings of the commission without order issued in the exercise of these powers by the
being duly excused by the commission. commission shall be guilty of a misdemeanor and
punishable by a fine of not more than five hun-
(c) Filling of vacancies. Avacancy in a commis- dred dollars ($500.00) or by imprisonment for not
sion member's seat shall be filled until the next more than ninety (90) days or both.
regular election to be held for the office of the
commissioner from that seat by a majority vote of
all its remaining members. Section 4.12. Independent audits.
Section 4.09. Judge of qualifications. The commission shall provide for an indepen-
dent audit of all city accounts and may provide for
The commission shall be the judge of the elec- such more frequent audits as it deems necessary
don and qualifications of its members and of the Such audits shall be made by a certified public
grounds of forfeiture of their office and for that accountant or firm of accountants who have no
purpose shall have power to subpoena witnesses, personal interest, direct or indirect in the fiscal
administer oaths and require production of evi- affairs of the city government or any of its officers.
dente. A member charged with conduct constitut- The commission may designate such accountant
ing grounds for forfeiture of his office shall be so or firm annually or for a period not exceeding
notified by certified mail and shall be entitled to a three (3) years provided that the designation for
public hearing on demand, and notice of such any particular fiscal year shall be made no later
hearing shall be published in one or more news than six (6) months after the beginning of such
papers of a general circulation in the city at least fiscal y the state makes such an audit the
commission may accept it as satisfying the re-
one week in advance of the hearing. Decisions
made by the commission under this section shall quirement of this section
be subject to review by the courts.
Section 4.13. Procedure.
Section 4.10. City clerk.
(a) Meetings. The commission shall meet reg-
(a) The city commission, after receiving a nom ularly at least once every month at such times
ination from either the mayor or a commission and places as the commission may prescribe by
member(s) shall, by a vote of not less than four (4) rule. Special meetings shall be held on the call of
commission members, appoint an officer of the the mayor or three (3) or more members and
city who shall have the title of city clerk. The city whenever practicable, upon no less than twelve
clerk shall give notice of commission meetings to (12) hours' notice to each member. All meetings
its members and the public, keep the journal of its shall be public.
Supp. No. 2 6
CHARTER 5.01
(b) Rules and journal. The commission shall vided in Article IX with respect to repeal
determine its own rules and order of business and of ordinances reconsidered under the ref
shall provide for keeping a journal of its proceed- erendum power.
ings. This journal shall be a public record.
Section 4.15. Ordinances in general.
(c) Voting. Voting, except on procedural mat-
ters, shall be by roll call and the ayes and nays (a) Form. Every proposed ordinance shall be
shall be recorded in the journal. Three (3) mem- introduced in writing in the form required for
bers of the commission shall constitute a quorum final adoption. No ordinance shall contain more
but a smaller number may compel the attendance than one subject which shall be clearly expressed
of absent members in the manner and subject to in its title. The enacting clause shall be "The City
the penalties prescribed by the rules of the com- of Winter Springs hereby ordains
mission. No action of the commission shall be (b) Procedure. An ordinance may be intro
valid or binding unless adopted by the affirmative duced by any member at any regular or special
vote of three (3) or more members of the commis- meeting of the commission. Upon introduction of
Sion. any ordinance, it shall be read in its entirety;
provided however the said reading may be by title
Section 4.14. Actions requiring an ordi- only if all members of the city commission so vote.
nance. All ordinances shall be read twice, the second
In addition to other acts required by law or by reading of any ordinance shall be by title only and
shall follow the first by a minimum of ten (10)
specific provisions of this Charter to be done by
ordinance, those acts of the city commission shall days; provided however, this requirement may be
be done by ordinance which: waived by a unanimous vote of all five (5) mem-
bers of the commission. All ordinances shall be
(1) Adopt or amend an administrative code or posted in the city hall for thirty (30) days after
establish or alter or abolish any city de- their first reading.
partment, office or agency; (c) Effective date. Except as otherwise provided
(2) Provide for a fine or other penalty or in this Charter, every adopted ordinance shall
establish a rule or regulation for violation become effective at the expiration of thirty (30)
of which a fine or other penalty is im- days after adoption or at any date specified therein.
posed;
Section 4.16. Authentication and recording;
(3) Levy taxes, except as otherwise provided codification.
in Article VII with respect to the property
tax levied by the adoption of the budget; The mayor and the city clerk shall authenticate
by their signatures all ordinances and resolutions
(4) Grant or renew or extend a franchise; adopted by the city commission and the city clerk
(5) Regulate the rate charged for its services shall record in full in a properly indexed book
by the public utility, except telephone and kept for that purpose all such ordinances and
telegraph companies and public utilities resolutions.
regulated by the Florida Public Service
Commission; ARTICLE V. CITY MANAGER.
(6) Convey or lease or authorize the convey-
ance or lease of any land of the city; Section 5.01. Appointment; qualifications,
compensation.
(7) Adopt without amendment ordinances pro-
The city commission, by the affirmative vote of
posed under the initiative power; and not less than four (4) commission members, shall
(8) Amend or repeal any ordinance previ- appoint a city manager and fix the manager's
ously adopted, except as otherwise pro- compensation. The city manager shall be ap-
Supp. No. 2 7
5.01 WINTER SPRINGS CODE
pointed solely on the basis of executive and ad- report on the finances and administrative
ministrative qualifications and shall serve at the activities of the city at the end of each
pleasure of the commission. fiscal year.
Section 5.02. Removal (7) He shall make such other reports as the
commission may require concerning the
The commission may remove the city manager operations of city departments, officers
by a motion of the commission requiring not less and agencies subject to his direction and
than four (4) affirmative votes of its members. supervision.
(8) He shall keep the commission fully. ad-
Section 5.03. Powers and duties of the city vied as to the financial condition and
manager. future needs of the city and make such
The city manager shall be the chief adminis- recommendations to the commission con
trative officer of the city. He shall be responsible cerning the affairs of the city as he deems
to the commission for the administration of all desirable.
city affairs placed in his charge by or under this (9) He shall perform such other duties as are
Charter. He shall have the following powers and specified in this Charter or may be re-
duties: quired by the commission.
(1) He shall appoint and when he deems it
necessary for the good of the service, Section 5.04. Acting city manager.
suspend or remove all city employees and B letter filed with the commission, the man
appoint administrative officers provided ager shall designate, subject to approval by the
for, by or under this Charter except as commission, a qualified city officer to exercise the
otherwise provided by law, this Charter,
powers and perform the duties of manager during
or personnel rules adopted pursuant to his temporary absence or disability. During such
this Charter. He may authorize any ad- absence or disability the commission may revoke
ministrative officer who is subject to his such designation at any time and appoint another
direction and supervision to exercise these officer of the city to serve until the manager shall
powers with respect to subordinates in return or his disability shall cease.
that officer's department, office or agency.
(2) He shall direct and supervise the admin- ARTICLE VI. ADMINISTRATIVE
istration of all departments, officers and DEPARTMENTS
agencies of the city except as otherwise
provided by this Charter or by law.
Section 6.01. Power of commission to estab-
(3) He shall attend all commission meetings lish.
and shall have the right to take part in
discussions but may not vote. The commission may establish city depart-
ments, officers or agencies in addition to those
(4) He shall see that all laws, provisions of created by this Charter and may prescribe the
this Charter and acts of the commission functions of all departments and agencies.
subject to enforcement by him or by offic-
ers subject to his direction and supervi- Section 6.02. City attorney.
sion are faithfully executed.
(5) He shall prepare and submit the annual (a) The city commission, after receiving a nom-
budget and capital program to the com-
matron from either the mayor or a commission
member(s) shall, by a vote of not less than four (4)
mission. commission members, appoint an officer of the
(6) He shall submit to the commission and city who shall have the title of city attorney. The
make available to the public a complete city attorney shall represent the city in all legal 1
Supp. No. 2 8
CHARTER 7.05
proceedings and shall perform such duties as by organizational unit when practicable,
provided by this Charter, by the commission, or and the proposed method of financing
by law. each such capital expenditure; and
(b) The city attorney may be removed by a vote (3) The anticipated income and expense and
of not less than four (4) commission members. profit and loss for the ensuing year for
each utility or other enterprise fund oper-
ated by the city
ARTICLE VII. FINANCIAL PROCEDURE
For any fund, the total of proposed expendi-
Section 7.01. Fiscal year. tures shall not exceed the total of estimated
income plus carried forward fund balance, exclu-
The fiscal year of the city shall begin on the sive of reserves.
first day of October and end on the last day of
September. Section 7.04. Capital Program.
(a) Submission to commission. The city man
Section 7.02. Submission of budget and bud- ager shall prepare and submit to the commission
get message. a current and five (5) year capital program no
On or before the first day of July of each year, later than the final date for submission of the
the city manager shall submit to the commission budget.
a budget for the ensuing fiscal year and an (b) Contents. The capital program shall in-
accompanying message. clude:
Section 7.03. Contents of budget. (1) A clear general summary of its contents;
t as required by law or this Charter, the (2) A list of all capital improvements and
Except q y other capital expenditures which are pro
budget shall provide a complete financial plan of posed to be undertaken during the cur
all city funds and activities for the ensuing fiscal rent and five (5) fiscal years next ensuing,
year and, except as required by law or this Char with appropriate supporting information
ter, shall be in such form as the city manager as to the necessity for each;
deems desirable or the commission may require.
The budget shall begin with a clear general sum- (3) Cost estimates and recommended time
mary of its contents; shall show in detail all schedules for each improvement or other
estimated income, indicating the proposed prop capital expenditure;
erty tax levy, and all proposed expenditures, in- (4) Method of financing upon which each cap
cluding debt service, for the ensuing fiscal year; ital expenditure is to be reliant; and
and shall be so arranged as to show comparative
figures for actual and estimated income and ex- (5) The estimated annual cost of operating
penditures of the current fiscal year and actual and maintaining the facilities to be con
income and expenditures of the preceding fiscal structed or acquired.
year. It shall indicate in separate sections: The above shall be revised and extended each
(1) The proposed goals and objectives and year with regard to capital improvements still
expenditures for current operations dur- pending or in process of construction or acquisi-
ing the ensuing fiscal year, detailed for tion.
each fund by organizational unit, and
program, purpose or activity, and the Section 7.05. Commission action on budget.
method of financing such expenditures;
Approval of the annual city budget shall be by
(2) Proposed capital expenditures during the resolution duly adopted by the commission, after
ensuing fiscal year, detailed for each fund a public hearing, in accordance with the provi-
Supp. No. 2 9
7.05 WINTER SPRINGS CODE
sions of general law. The annual city budget may ordinance transfer part or all of any unencum-
be amended by resolution duly adopted by the bered appropriation balance from one depart
commission. ment, office or agency to another.
Section 7.06. Public records. (e) Limitations; effective date. No appropria-
tion for debt service may be reduced or trans-
Copies of the budget and the capital program ferred, and no appropriation may be reduced
as adopted shall be public records and shall be below any amounts required by law to be appro-
made available to the public at suitable places in priated or by more than the amount of the unen-
the city. cumbered balance thereof. The supplemental and
emergency appropriations and reduction or trans
Section 7.07. Amendments after adoption. fer of appropriations authorized by this section
may be made effective immediately upon adop-
(a) Supplemental appropriations. If during the tion.
fiscal year the city manager certifies that there
are available for appropriation revenues in excess ARTICLE VIII. NOMINATIONS AND
of those estimated in the budget, the commission ELECTIONS
by ordinance may make supplemental appropria-
tions for the year up to the amount of such excess.
Section 8.01. The city elections.
(b) Emergency appropriations. To meet a pub-
lic emergency affecting life, health, property, or The regular general city election for electing
the public peace the commission may make emer- the mayor and commission members from seats
gency appropriations. To the extent that there are two and four shall coincide with the Florida
no available un- appropriated revenues to meet Gubernatorial election years. The regular general
such appropriations, the commission may by such election for electing commission members from
emergency ordinance authorize the issuance of seats one, three, and five shall coincide with the
emergency notes and renewals of any fiscal year United States Presidential election years. The
shall be paid not later than the last day of the entire electorate shall be entitled to vote in elec-
fiscal year succeeding that in which the emer- tions for mayor and commission members.
gency appropriation was made.
(c) Reduction of appropriations. If at any time Section 8.02. Qualified voters.
during the fiscal year it appears probable to the
city manager that the revenues available will be All citizens qualified by the constitution and
insufficient to meet the amount appropriated, he laws of the State of Florida to vote in the city and
shall report to the commission without delay, who satisfy the requirements for registration pre
indicating the estimated amount of the deficit, scribed by law shall be gi,alified voters of the city
and the remedial action by him and his recom- within the meaning of this Charter.
mendations as to any other steps to be taken. The
commission shall then take such further action as Section 8.03. Election procedures.
it deems necessary to prevent or minimi7.e any
deficit and for that purpose it may by ordinance The city commission, by ordinance, shall adopt
reduce one or more appropriations. such election procedures as are necessary.
(d) Transfer of appropriations. At any time
during the fiscal year the city manager may Section 8.04. Non Partisan Elections.
transfer part or all of any unencumbered appro-
priation balance among programs within a depart- Municipal elections shall be nonpartisan and
ment, office or agency, and, upon written request all officers shall be elected without reference to
by the city manager, the commission may by their political faith or party affiliations.
Supp. No. 2 10
CHARTER 9.04
ARTICLE IX. INITIATIVE AND fled voters registered to vote at the last regular
REFERENDUM city election. When the registered electors of the
City of Winter Springs reaches 7,000, then the
Section 9.01. General authority. percentage changes to ten (10) per cent and
remains ten (10) per cent thereafter.
(a) Initiative. The qualified voters of this city
shall have power to propose ordinances to the (b) Form and content. All papers of a petition
commission and, if the commission fails to adopt shall be uniform in size and style and shall be
an ordinance so proposed without any change in assembled as one instrument for filing. Each
substance, to adopt or reject it at a city election, signature shall be executed in ink or indelible
provided that such power shall not extend to the pencil and shall be followed by the address of the
budget or capital program or any ordinance relat- person signing, and the date signed. Petitions
ing to appropriation of money, levy of taxes or shall contain or have attached thereto throughout
salaries of city officers or employees. their circulation the full text of the ordinance
proposed or sought to be reconsidered.
(b) Referendum. The qualified voters of the
city shall have power to require reconsideration (c) Affidavit of circulator. Each paper of a pe-
by the commission of any adopted ordinance and, tition shall have attached to it when filed an
if the commission fails to repeal an ordinance so affidavit executed by the circulator thereof stet-
reconsidered, to approve or reject it at a city ing that he personally circulated the paper, the
election, provided that such power shall not ex- number of signatures thereon, that all signatures
tend to the budget or capital program, or any were affixed in his presence, that he believes
emergency ordinance or ordinances relating to them to be the genuine signatures of the per
appropriation of money or levy of taxes. sons[') name they purport to be and that each
signer had an opportunity before signing to read
Section 9.02. Commencement of proceed- the full text of the ordinance proposed or sought
ings; petitioners' committee; af- to be reconsidered.
fidavit. (d) Time or a
f filing referendum petitions. Refer
Any five (5) qualified voters may commence endum petitions must be filed within thirty (30)
initiative or referendum proceedings by filing days after adoption by the commission of the
with the city clerk an affidavit stating that they ordinance sought to be reconsidered.
will constitute the petitioners' committee and be
responsible for circulating the petition and filing Section 9.04. Procedure after filing.
it in proper form, stating their names and ad- (a) Certificate of the clerk; amendments. Within
dresses and specifying the address to which all twenty (20) days after the petition is filed, the city
notices to the committee are to be sent, and clerk shall complete a certificate as to its suffi-
setting out in full the proposed initiative ordi- ciency, specifying, or citing the ordinance sought to be recon- c3', P cifying, �f it is insufficient, the particu-
sidered. lays wherein it is defective and shall promptly
send a copy of the certificate to the petitioners'
Promptly after the affidavit of the petitioners' committee by registered mail. A petition certified
committee is filed, the clerk shall issue the appro- insufficient for lack of a required number of valid
priate petition blanks to the petitioners' commit- signatures may be amended once if the petition
tee within thirty (30) calendar days. ers' committee files a notice of intention to amend
it with the clerk within two (2) days after receiv-
Section 9.03. Petitions. ing the copies of the clerk's certificate and files a
supplementary petition upon additional papers
(a) Number of signatures. Initiative and refer within ten (10) days after receiving the copies of
endum petitions must be signed by qualified said certificate. Such supplementary petition shall
voters of this city equal in number to at least comply with the requirements of subsections (b)
fifteen (15) per cent of the total number of quali- and (c) of Section 9.03 and within five (5) days
Supp. No. 2 11
9.04 WINTER SPRINGS CODE
after it is filed with the clerk, the clerk shall Section 9.06. Action on petition.
complete a certificate as to sufficiency of the
petition as amended and promptly send a copy of (a) Action by commission. When an initiative
said certificate to the petitioners' committee by
or referendum petition has been finally deter
registered mail as in the case of an original
mined sufficient, the commission shall properly
petition. When a petition or amended petition is consider the proposed initiative ordinance in the
certified insufficient and the petitioners' commit- manner provided in Article 1V, Section 4.15, or
tee does not elect to amend or request commission reconsider the referred ordinance by voting its
review under subsection (b) of this section within repeal. If the commission fads to adopt a proposed
the time required, the clerk shall promptly present initiative ordinance without any change in sub
his certificate to the commission and the certifi- stance within sixty (60) days or fails to repeal the
cafe shall then be a final determination as to the referred ordinance within thirty (30) days of the
sufficiency of the petition. date the ordinance was finally determined suffi-
dent, it shall submit the proposed referred ordi-
(b) Commission review. If a petition has been nance to the voters of the city
certified insufficient and the petitioners' commit-
tee does not file a notice of intention to amend it (b) Submission to voters. The vote of the city on
or if an amended petition has been certified a proposed or referred ordinance shall be held not
insufficient, the committee may within two (2) less than ninety (90) days and not later than one
days after receiving the copy of said certificate,
year from the date of the final commission vote
file a request that it be reviewed by the commis- thereon. If no regular city election is to be held in
sion. The commission shall review the certificate the period prescribed in this subsection, the com-
at its next meeting following the filing of such mission shall provide for a special election; other
request and approve or disapprove it, and the wise, the vote shall be held at the same time as
commission determination shall then be a final said regular election, except that the commission
determination as to the sufficiency of the petition. [may] in its discretion provide for a special elec
tion at an earlier date within the prescribed
(c) Court review; new petition. A final determi- period. Copies of the proposed or referred ordi-
nation as to the sufficiency of a petition shall be nance shall be made available at the polls.
subject to court review. A determination of insuf- (c) Withdrawal of petition. An initiative or ref
ficiency, even if sustained upon court review, shall erendum petition may be withdrawn at any time
not prejudice the filing of a new petition for the prior to the fifteenth day preceding the day sched-
same purpose. uled for a vote of the city by filing with the city
clerk a request for withdrawal signed by at least
Section 9.05. Referendum petitions; suspen- four (4) members of the petitioners' committee.
sion of effect of ordinance. Upon the filing of such request the petition shall
When a referendum petition is filed with the have no further force or effect and all proceedings
city clerk, the ordinance sought to be reconsidered thereon shall be terminated.
shall be suspended from taking effect. Such sus-
pension shall terminate when: Section 9.07. Results of election.
(1) There is a final determination of suffi- (a) Initiative. If a majority of the qualified
ciency of the petition; or voters voting on a proposed initiative ordinance
vote in its favor, it shall be considered adopted
(2) The petitioners' committee withdraws the upon certification of the election results and shall
petition; or be treated in all respects in the same manner as
(3) The commission repeals the ordinance; or ordinances of the same kind adopted by the com-
mission. If conflicting ordinances are approved at
(4) The supervisor of elections shall certify the same election the one receiving the greatest
that the vote of the electorate failed to number of affirmative votes shall prevail to the
repeal the ordinance reconsidered. extent of such conflict.
Supp. No. 2 12
CHARTER 13.04
(b) Referendum. If a majority of the qualified Section 13.02. City contracts.
electors voting on a referred ordinance vote against All rights, claims and contracts shall continue
it, it shall be considered repealed upon certifies-
except as modified pursuant to the provisions of
tion of the election results. this Charter.
ARTICLE X. AMENDMENTS Section 13.03. City officials.
All elected and appointed city officials shall
Section 10.01. General Authority. retain their respective positions until the first
Amendments to this Charter may be proposed election held pursuant to the requirements of this
and adopted by the legislature of the State of Charter.
Florida or by the city commission pursuant to the
home rule powers granted under the Constitution Section 13.04. First Elections under Char
of the State of Florida, or by qualified voters ter
pursuant to Article IX of this Charter. (a) The first election to be held under this
Charter shall be for the purpose of electing per
ARTICLE XI. SEVERABILITY sons to fill the offices of mayor and of the two
commission members from seats designated as
Section 11.01. Severability. two and four respectively under the former Char-
ter and as commission seats two and four under
If any provision of this Charter is held invalid this Charter, and whose terms expire in the year
the other provisions of the Charter shall not be 2002. This first election shall be held at the time
affected thereby. If the application of the Charter provided for in Section 8.01 of this Charter for the
or any of its provisions to any person or circum- election of mayor and of commission members
stance is held invalid, the application of the from seats designated as two and four. The mayor
Charter and its provisions to other persons or and the two (2) commission members elected at
circumstances shall not be affected thereby. this election shall serve for terms of four (4) years
and until their successors are elected and quali-
ARTICLE XII. POWERS fled.
(b) The second election to be held under this
Section 12.01. Powers generally. Charter shall be for the purpose of electing per
As provided in Article VIII, Section 2(b) of the sons to fill the offices of those commissioners from
State Constitution, the City of Winter Springs seats designated as one, three and five respec-
shall have the governmental, corporate and pro-
tively under the former Charter and as commis
prietary powers to enable the city to conduct sion seats one, three, and five under this Charter
municipal government, perform municipal func- and whose terms expire in the year 2003, but
tions and render municipal services and may which terms are hereby extended for a period of
exercise any power for municipal purposes except one year to the year 2004. Said second election
when expressly prohibited by law. shall be held at the time provided for in Section
8.01 of this Charter for the purpose of electing
commission members from commission seats des
ARTICLE %III. TRANSITIONAL ignated as numbers one, three, and five respec-
PROVISIONS tively under this Charter. The commission mem-
bers elected at this election shall serve for terms
Section 13.01. City ordinances. of four (4) years and until their successors have
All city ordinances and resolutions which are been elected and qualified.
in force when this Charter becomes fully effective
shall remain in full force and effect to the extent
that they are not in conflict with this Charter.
Supp. No. 3 13
13.04 WINTER SPRINGS CODE
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1
Supp. No. 3 14
CHARTER App. A
APPENDIX A TERRITORIAL tance of 295.40 feet; thence South 85 °28'11" East
BOUNDARIES a distance of 361.18 feet; thence North 00 °51'21"
East a distance of 301.09 feet; thence South
The territorial boundaries of the City of Winter 85 °22'34" East a distance of 297.19 feet to the
Springs, Florida, shall be: All those certain par- Northwest corner of Tuscawilla Unit 5 as re-
cels of land lying and being in Seminole County, corded in Plat Book 20, Page 18, Public Records of
Florida, more particularly described as follows: Seminole County, Florida; thence South 04 °57'42"
Beginning at the intersection of the South line of West a distance of 300.00 feet; thence South
North Orlando Ranches, Section 3, Extended, as 00 °19'33" East a distance of 1057.79 feet to the
recorded in Plat Book 12, Page 34, Public Records Southwest corner of said Tuscawilla Unit 5; thence
of Seminole County, Florida, with the West line of North 74 °46'52" East a distance of 795.72 feet to
Section 10, Township 21 South, Range 30 East; the Northwest corner of Tuscawilla Trails Subdi-
run thence North 81 °46'40" East a distance of vision as recorded in Plat Book 41, Page 6, Public
1289.14 feet to the Southwest corner of Lot 3, Records of Seminole County, Florida; thence South
Block C, North Orlando Ranches Section 3; thence 03°15' West a distance of 100.00 feet; thence
North 81 °46'40" East a distance of 1375.24 feet to South 86 °48' East a distance of 1090.71 feet to the
the Southeast corner of Lot 8, said Block C; West right -of -way line of Tuskawilla Road and a
thence North 04 °27'08" East a distance of 317.00 point on a curve concave Southeasterly having a
feet; thence North 81 °46'35" East a distance of radius of 648.31 feet; run 166.37 feet Northerly
2102.08 feet; thence South 03 °19'51" West a dis- along said curve through a central angle of
tance of 650.00 feet to the Southwest corner of Lot 14 °42'11 thence North 86 °46'09" West a dis-
7, Block D, North Orlando Ranches Section 1, as tance of 43.09 feet; thence North 43 °25'40" East
recorded in Plat Book 12, Page 3, Public Records along the West right -of -way line of Tuskawilla
of Seminole County, Florida; thence North 81 °51'29" Road a distance of 897.60 feet; thence South
East a distance of 972.03 feet; thence South 84 °56'22" East a distance of 484.37 feet to the
05 °18'29" West a distance of 2251.91 feet to the West line of Winter Springs Unit 4 as recorded in
Southwest corner, Tract A, North Orlando Ranches, Plat Book 18, Page 7, Public Records of Seminole
Section 7, as recorded in Plat Book 13, Page 3, County, Florida; thence South 04 °04'15" West
Public Records of Seminole County, Florida; thence along said West line a distance of 1944.22 feet to
North 82 °51'47" East a distance of 3099.38 feet the Southeast corner of Lake Tuskawilla Phase 1
along the South line of North Orlando Ranches, as recorded in Plat Book 34, Page 69, Public
Section 7, to the East right -of -way of Fisher Road Records of Seminole County, Florida; thence North
and a curve concave Westerly with a radius of 84 °55'22" West a distance of 1121.09 feet to the
627.35 feet; run thence 148.84 feet Southerly West right -of -way line of Tuskawilla Road; thence
along said curve through a central angle of South 04 °24'22" West along said West right -of-
13 °35'38" to the Point of Tangency; thence South way line a distance of 865.48 feet; thence South
04 °07'45" West a distance of 1389.66 feet to the 85 °00'00" East a distance of 1220.50 feet; thence
Southeast corner of that parcel of land described South 57 °08'04" East a distance of 184.34 feet;
in O.R. Book 04355, Page 0863, Public Records of thence South 35 °08'02" East a distance of 164.69
Seminole County, Florida; run thence Easterly feet; thence North 37 °09'51" East a distance of
approximately 680 feet to the Southeast corner of 190.00 feet to the Northwest corner of Lot 11,
said parcel; thence North 02 °43'24" West a dis- Block D, Winter Springs, as recorded in Plat Book
tance of 382.41 feet; thence North 08 °20'54" West 15, Page 81, Public Records of Seminole County,
a distance of 213.03 feet; thence North 00 °20'12" Florida; thence South 52 °50'29" East a distance of
West a distance of 567.05 feet; thence South 170.00 feet; thence North 37 °09'51" East a dis-
85 °28'11" East a distance of 234.36 feet; thence tance of 99.14 feet; thence South 52 °50'29" East a
North 04 °13'22" East a distance of 173.18 feet; distance of 284.65 feet; thence North 31 °06'10"
thence North 63 °16'04" East a distance of 232.31 East a distance of 226.87 feet; thence South
feet; thence South 85 °54'28" East a distance of 85 °00'00" East a distance of 458.83 feet; thence
162.43 feet; thence South 01 °26'58" West a dis- South 20 °29'25" West a distance of 50.00 feet;
Supp. No. 12 15
App. A WINTER SPRINGS CODE
thence South 56 °17'22" East a distance of 258.58 ary and an extension thereof of Tuskawilla Unit 7
feet; thence North 42 °34'49" East a distance of as recorded in Plat Book 22, Page 41, Public
247.48 feet; thence South 52 °50'49" West a dis- Records of Seminole County, Florida a distance of
tance of 314.86 feet to the Northeast corner of Lot 2157.34 feet to the Southwest corner of Tuskawilla
11, Block G of the aforesaid Winter Springs; Unit 13 recorded in Plat Book 29, Pages 1 2,
thence Southwesterly along the East boundary of Public Records of Seminole County, Florida; thence
Winter Springs to the Southeast corner of Winter North 89 °51'03" East a distance of 2741.19 feet;
Springs; thence South 05 °00'00" West a distance thence South 86 °51'22" East a distance of 58 feet
of 33.00 feet to the South line of Gardena Farms to the Southeast comer of said Tiskawilla Unit
as recorded in Plat Book G, Page 23, Public 13 and the Southwest corner of Chestnut Estates
Records of Seminole County, Florida; thence South Phase 1 as recorded in Plat Book 48, Page 47,
85 °00'00" East a distance of 2837.17 feet to the Public Records of Seminole County, Florida; run
Southeast corner of Gardena Farms; thence South thence along the South line of said Chestnut
84 °48'16" East a distance of 2404.62 feet to the Estates Phase 1, South 86 °51'22" East a distance
Southeast corner of Winter Springs Unit 3 as of 1227.44 feet; run thence North 00 °04'00" East
recorded in Plat Book 17, Page 89, Public Records along the East line of said Chestnut Estates,
of Seminole County, Florida; thence North 00 °15'09" Phase 1 a distance of 1660.19 feet to the South
East a distance of 2167.89 feet; thence North west corner of Lot 214, Tuscawilla Unit 14B as
87 °02'43" East a distance of 1083.26 feet; thence recorded in Plat Book 37, Page 6, Public Records
North 85 °14'00" East a distance of 602.06 feet; of Seminole County, Florida; thence North 89 °15'45"
thence South 00 °14'26" East a distance of 687.30 East a distance of 672.03 feet to the Southeast
feet; thence South 69 °34'29" East a distance of corner of Lot 219, Tuscawilla Unit 14B, as re-
750.00 feet to the Northeast corner of Tuska corded in Plat Book 37, Page 6, Public Records of
Ridge Unit 4 as recorded in Plat Book 46, Page 78, Seminole County, Florida; thence North 00 °02'21"
Public Records of Seminole County, Florida; thence East a distance of 989.84 feet to the South line of
South 50 °17'37" West a distance of 423.20 feet; to Lot 229, Tuscawilla Unit 14B; thence South
the point of curvature of a curve concave easterly 89 °13'52" East a distance of 673.21 feet to the
having a radius of 750.00 feet; run thence South- East right -of -way line of State Road 417; thence
easterly along said curve through a central angle North 00 °00'24" East a distance of 1318.99 feet;
of 138 °34'35" a distance of 1813.96 feet; thence thence North 89 °09'58" West a distance of 1349.55
South 01 °11'40" West a distance of 484.48 feet; feet; thence North 00 °25'38" West a distance of
thence South 57 °48'19" West a distance of 36.75 745.20 feet; thence South 89 °58'22" East a dis-
feet to the Northwest corner of Lot 12, Oviedo tance of 988.75 feet; thence North 00 °40'35" East
Crossing, Phase 1B as recorded in Plat Book 47, along the West right -of -way line of State Road 417
Page 80, Public Records of Seminole County Flor- a distance of 745.55 feet; to the point of curvature
ida; run thence Easterly and Northerly along the of a curve concave Westerly having a radius of
Western boundary of Lot 12 of Oviedo Crossing, 3375.94 feet; run 270.45 feet Northerly along said
Phase 1B to the Northeast corner of said Lot 12 curve through a central angle of 04 °35'24" thence
which is on the West right -of -way of Dovera Drive North 55 °45'00" West along the Northerly right
as shown on the plat of Oviedo Crossings, Phase 3 of -way line of the CSX railroad a distance of
recorded in Plat Book 53, Page 29, Public Records 1187.20 feet; thence North 00 °30'53" West a dis-
of Seminole County Florida, said point being tance of 144.75 feet to the Southwest corner of
North 13 °45'09" East 128.28 feet from the South- Section 4, Zbwnship 21 South, Range 31 East;
west corner of said plat; run thence Northeasterly thence North 88 °39'56" East a distance of 1294.50
along the west right -of -way line of Dovera Drive a feet to the Southwest corner of Worthington, as
distance of 1004.00 feet; thence North 73 °53'18" recorded in Plat Book 55, Page 7, Public Records
West a distance of 156.52 feet; thence North of Seminole County, Florida; thence North 00 °40'44"
14 °41'17" West a distance of 167.67 feet; thence West along the West line of Worthington a dis-
South 88 °50'21" West a distance of 532.80 feet; tance of 1134.57 feet; thence South 88 °42'20" East
thence North 00 °1426" West along the East bound- a distance of 77.02 feet; thence North 00 °38'03"
Supp. No. 12 16
CHARTER App. A
East along the West line of Cassa- Villa- Heights 87 °32' East a distance of 193.60 feet; thence
as recorded in Plat Book 10, Page 97, Public South 00°12' West a distance of 321.70 feet;
Records of Seminole County, Florida a distance of thence South 06 °05' West a distance of 507.30
655.99 feet; thence South 88 °42'20" East a dis- feet; thence West a distance of 366.60 feet to the
tance of 300.00 feet; thence North 03 °12'47" West East right -of -way line of Spring Avenue; thence
a distance of 209.65 feet to the Northerly right- South 01 °01'41" East a distance of 935.08 feet;
of -way line of State Road 417; thence North thence South 89 °51'49" West a distance of 1002.74
84 °04'12" West a distance of 267 feet; thence feet to the Southwest corner of Lot 16, Philip R.
North 560 feet; thence North 88 °59'21" East a Yonge Grant, Section 5, Township 21 South, Range
distance of 2368.07 feet; thence South 00 °21'53" 31 East as recorded in Plat Book 1, Page 35,
West a distance of 599.93 feet to the North right Public Records of Seminole County, Florida; thence
of -way line of State Road 434; thence North North 01 °09'25" West along the west line of said
89 °16'58" East along said right -of -way line a Lot 16 and Mineral Springs Park 2nd Addition as
distance of 1005.56 feet; thence North 00 °05'25" recorded in Plat Book 11, Page 45, Public Records
East a distance of 309.19 feet; thence North of Seminole County, Florida; a distance of 1495.00
88 °48'36" East a distance of 692.15 feet; thence feet; thence Northwesterly along the water's edge
South 00 °21'39" East a distance of 320.94 feet to of Lake Jesup 6400 feet, more or less, to the
the aforesaid North right -of -way line of State Northwest corner of St. John's Landings as re-
Road 434; thence North 89 °23'02" East along said corded in Plat Book 53, Page 45, Public Records of
right -of -way line a distance of 665.45 feet; thence Seminole County, Florida; Run thence South
North 00 °37'32" West a distance of 984.12 feet; 29 °24'23" West a distance of 592.85 feet to an
thence North 89 °43'46" East a distance of 409.69 extension of the South right -of -way line of Orange
feet; thence North 02 °20'25" East a distance of Avenue; thence Northwest along the South right
100.10 feet; thence North 89 °43'41" East a dis- of -way of Orange Avenue for a distance of 530.00
tance of 205.00 feet to the West right -of -way line feet; thence Northeasterly along the West line of
of DeLeon Street; thence North a distance of Lot 10, Tuskawilla Shores, Plat Book 6, Page 93,
800.00 feet; thence West a distance of 330.00 feet; Public Records of Seminole County, Florida; for a
thence North a distance of 70.00 feet; thence West distance of 600.00 feet to Lake Jesup; thence
a distance 330.00 feet; thence North 330.00 feet; Westerly along said Lake to the Northwest corner
thence East for a distance of 660.00 feet; thence of Lot 5 of the aforesaid plat to Tuskawilla Shores;
North 00 °58'58" West along the West right -of -way thence Southwesterly to the Southwest corner of
line of DeLeon Street a distance of 773.18 feet; said Lot 5; thence Northwesterly along the North
thence South 89 °13'57" West a distance of 481.69 right -of -way of Orange Avenue to the Southwest
feet; thence North 09 °35'50" East a distance of erly corner of Lot 6 of Estes Tuskawilla, Plat Book
29.81 feet; thence South 89 °01'14" West a dis- 8, Page 29, Public Records of Seminole County,
tance of 6224.16 feet along the North lines of Florida; thence Northeasterly along the West line
Sections 3, 4 5, Township 21 South, Range 31 of Lot 6 for a distance of 370.00 feet; thence North
East; thence North 00 °14'49" West a distance of 60° West to the West line of Lot 5 of said Plat;
1003.76 feet; thence South 72 °47'27" West along thence Northeasterly along said line to Lake
the shore of Lake Jesup a distance of 105.28 feet; Jesup; thence Westerly along the Shore of Lake
thence South 05 °34'34" West a distance of 1657.81 Jesup for a distance of 180.00 feet; thence South
feet; thence South 89 °18'43" West a distance of westerly along the West line of Lot 2 of said Plat
204.30 feet to the West right -of -way line of State to Orange Avenue; thence Northwesterly along
Road 417; thence North 27 °20'30" West a distance Orange Avenue 235.00 feet; thence Northeasterly
of 1550.80 feet; thence North 89 °38'22" West a 250.00 feet; thence Southeasterly 100.00 feet;
distance of 1083.88 feet to the East line of Block thence Northeasterly to Lake Jesup; thence along
B, First Addition to Mineral Springs Park as the shore of Lake Jesup 170.00 feet; thence South
recorded in Plat Book 8, Page 46, Public Records westerly 700.00 feet to Orange Avenue; thence
of Seminole County, Florida; thence South 04 °31'17" Northwesterly along Orange Avenue 750.00 feet;
East a distance of 269.50 feet; thence North thence Northeasterly to Lake Jesup; thence along
Supp. No. 12 17
App. A WINTER SPRINGS CODE
the shore of Lake Jesup 660.00 feet; thence South angle of 16 °40'42" to the point of tangency; thence
westerly along the West line of the East one half North 00 °30'54" East a distance of 543.18 feet to
of Lot 7 and a Southerly extension to the South the point of curvature of a curve concave Easterly
right -of -way of Orange Avenue; thence Northwest having a radius of 1560.97 feet; run 369.93 feet
erly along said right -of -way to the Northwest Northerly along said curve through a central
corner of Lot 12, D.R. Mitchell's Survey of Levy angle of 13 °34'42" to the point of reverse curva-
Grant, Plat Book 1, Page 5, Public Records of ture of a curve concave Westerly having a radius
Seminole County, Florida; thence Northeasterly of 1846.06 feet; run 358.31 feet Northerly along
along the East line of Lot 9 of said Plat to the said curve through a central angle of 11°07'15";
water's edge of Lake Jesup; run thence Westerly thence North 00 °24'54" West a distance of 1022.16
along said water's edge a distance of 2550 feet feet to the point of curvature of a curve concave
more or less to the Northeast corner of the West Westerly having a radius of 403.67 feet; run
one half of Lot 3, Block C of the aforesaid D.R. 285.08 feet Northwesterly along said curve through
Mitchell's Survey of the Levy Grant; thence South a central angle of 40 °27'48" to the Southeastern
08 °12'44" East a distance of 1554.89 feet; thence right -of -way line of U.S. Highway 17 -92; thence
South 83 °05'46" West a distance 250.00 feet; South 40 °14'04" West a distance of 502.69 feet;
thence North 07 °59'42" West a distance of 1003.64 thence South 49 °51'57" East a distance of 160.73
feet to the Southeast corner of Tract C, Parkstone feet; thence North 90 °00'00" East a distance of
Unit 3 as recorded in Plat Book 58, Page 17, 80.00 feet; thence North 00 °00'00" East a distance
Public Records of Seminole County, Florida; thence of 160.00 feet; thence North 90 °00'00" East a
North 06 °38'26" West a distance of 500.34 feet to distance of 113.62 feet; thence South 00 °24'54"
the Northeast corner of said bract C; Run West- East a distance of 959.34 feet to the point of
erly and Northerly along the water's edge of Lake curvature of a curve concave Westerly having a
Jesup approximately 5700 feet to the Northerly radius of 1746.07 feet; run 340.77 feet Southerly
extension of the East line of Lot 10, Block C, D.R. along said curve through a central angle of
Mitchell's Survey of the Levy Grant; thence South 11°10'56" to the point of reverse curvature of a
08 °02'00" East a distance of 2175.66 feet to the curve concave Easterly having a radius of 1660.89
Northeast corner of Entzminger Farms Addition feet; run 388.19 feet Southerly along said curve
Number 2 as recorded in Plat Book 5, Page 9, through a central angle of 13 °23'29 thence South
Public Records of Seminole County, Florida; thence 00 °31'24" West a distance of 540.72 feet to the
South 84 °25'04" West a distance of 2549.93 feet; point of curvature of a curve concave Easterly
thence North 74 °17'03" West a distance of 1608.78 having a radius of 2523.72 feet; run 734.54 feet
feet; thence South 07 °38'40" East along the West Southerly along said curve through a central
line of Hartman Industrial Park as recorded in angle of 16 °40'34 thence South 12 °16'16" East a
Plat Book 32, Page 99, Public Records of Seminole distance of 4468.22 feet to the point of curvature
County, Florida a distance of 1081.08 feet to the of a curve concave Easterly having a radius of
South line of The Old Sanford Oviedo Road; thence 1987.00 feet; run 261.57 feet Southerly along said
North 76 °17'58" West a distance of 231.75 feet; curve through a central angle of 07 °32'33 thence
thence North 07 °35'42" West a distance of 230.15 South 84 °14'52" West a distance of 398.33 feet to
feet; thence South 83 °14'11" West a distance of the East line of Highland Lake, Phase 2, as
966.96 feet to the East right -of -way line of State recorded in Plat Book 48, Public Records of Sem-
Road 419 and a curve concave Northeasterly inole County, FL; thence North 08 °07'25" West a
having a radius of 2129.93 feet; run 700.57 feet distance of 3411.66 feet; thence North 70 °20'58"
Northerly along said curve and said right -of -way West a distance of 1551.22 feet; thence South
line through a central angle of 18 °50'44 thence 81 °30'23" West a distance of 851.10 feet to the
continue along said right -of -way line North Northwest corner of the Highlands, Section 1, as
12 °16'16" West a distance of 4468.27 feet to the recorded in Plat Book 18, Page 95, Public Records
point of curvature of a curve concave Easterly of Seminole County, Florida; thence North 00 °52'46"
having a radius of 2423.72 feet; run 705.52 feet West a distance of 246.20 feet; thence South
Northerly along said curve through a central 89 °28'35" West a distance of 744.60 feet; thence ti
Supp. No. 12 18
CHARTER App. A
South 00 °41'46" East a distance of 1220.44 feet; feet; thence North 83 °26'38" East along the North
thence South 85 °51'51" West a distance of 218.56 right -of -way line of Florida Avenue a distance of
feet; thence South 00 °45'11" East a distance of 1268.64 feet to an intersection with the West line
358.83 feet to the North right -of -way line of of Block D of Flamingo Springs as recorded in
Shepard Road; thence South 84 °22'19" West a Plat Book 8, Page 72, Public Records of Seminole
distance of 82.49 feet to the Southeast corner of County, Florida; run thence Southeasterly along
Spring Hammock Replat as recorded in Plat Book said West line of Block D a distance of approxi-
7, Page 96, Public Records of Seminole County, mately 260 feet to the Southwest corner of Lot 9 of
Florida; thence North 00 °41'46" West a distance said Block D; run thence North 83 °27'09" East a
of 409.84 feet; thence South 89 °51'55" West a distance of 374.60 feet to the Southeast corner of
distance of 1182.07 feet to the East right of way of said Lot 9, Block D; thence South 04 °43'28" West
U.S. Highway 17 -92 and a curve concave South- a distance of 1205.49 to the Southeast corner of
easterly having a radius of 5758.51 feet; run Williamson Heights as recorded in Plat Book 12,
975.00 feet Southwesterly along said curve to a Page 36, Public Records of Seminole County,
point 5.00 feet South of the South line of Lot 17, Florida thence South 82 °56'32" West a distance of
Block B, Oak Grove Park as recorded in Plat Book 884.25 feet to the Southwest corner of said Wil-
7, Page 83, Public Records of Seminole County, liamson Heights; thence North 04 °29'00" a Dis-
Florida; thence South 60 °25'22" East along a line tance of 297.98 feet; thence South 84 °09'57" West
5.00 feet South of an parallel to said line a a distance of 825.51 feet to the Easterly right -of-
distance of 505.00 feet; thence South 04 °06'14" way line of U.S. Highway 17 -92; thence South
West a distance of 520.00 feet to the Southeast 04 °49'28" West a distance of 303.78 feet to the
comer of Lot 13, said Block B; thence North North right -of -way line of Nursery Road; thence
67 °25'16" West a distance of 653.89 feet to the North 83 °44'32" East a distance of 435.72 feet;
East right -of -way line of U.S. Highway 17 -92 and thence South 04 °21'49" West a distance of 201.84
a curve concave Easterly having a radius of 7811.16 feet to the Southwest corner of Lot 1, Block D,
feet; run 216.21 feet Southerly along said curve Talmo Subdivision as recorded in Plat Book 17,
through a central angle of 01 °35'09 thence South Page 10, Public Records of Seminole County,
69 °23'37" East a distance of 698.53 feet to the Florida; thence North 83 °16'08" East a distance of
Northeast corner of Boat Lake Terrace as re- 473.33 feet through the Southeast comer of Lot
corded in Plat Book 11, Page 3, Public Records of 12, said Block D, to the East right -of -way line of
Seminole County, Florida; thence South 05 °04'21" Talmo Street; thence South 04 °45'00" West a
West a distance of 199.70 feet; thence North distance of 1882.48 feet to the centerline of State
71 °32'45" West a distance of 736.37 feet to the Road 434; thence South 89 °36'08" West a distance
East right -of -way line of U.S. Highway 17 -92 and of 590.45 feet; thence South 10 °32'40" West a
a curve concave Easterly having a radius of 7810.10 distance of 253.10 feet; thence North 83 °07'59"
feet; run 426.73 feet Southerly along said curve East a distance of 657.81 feet; thence North
through a central angle of 03 °07'50 thence South 01 °41'09" East a distance of 124.33 feet to the
77 °09'12" East a distance of 792.13 feet to the South right -of -way line of State Road 434; thence
Northeast corner of Lot 4, Block B of the aforesaid North 90 °00'00" East a distance of 1870.00 feet;
Oak Grove Plat; thence South 05 °04'22" West a thence North 80.00 feet more or less to the North
distance of 285.45 feet to the North line of right -of -way of State Road 434; thence North
Entzminger Farms Addition Number 3 as re- 03 °06'26" West, 50.18 feet; thence South 89 °59'34"
corded in Plat Book 6, Page 27, Public Records of East, 336.26 feet; thence South 00 °49'13" East,
Seminole County, Florida; thence South 83 °29'30" 91.83 feet to the North right -of -way of State Road
West along said North line a distance of 380.64 434; thence South. 80.00 feet more or less to the
feet; thence South 05 °17'58" West a distance of South right -of -way of State Road 434; thence East
315.34 feet; thence South 83 °29'14" West a dis- 365.00 feet; thence South 07 °20'39" East along
tance of 495.24 feet to the Easterly right -of -way of the West line of Lot 2, Lew -Jim Subdivision as
U.S. Highway 17 -92; thence South 05 °52'01" West recorded in Plat Book 11, Page 38, Public Records
along said right -of -way line a distance of 470.66 of Seminole County, Florida a distance of 198.79
Supp. No. 12 19
App. A WINTER SPRINGS CODE
feet to the Southwest corner of said. Lot 2; thence Plat Book 1, Page 5, Public Records of
South 83 °22'51" West a distance of 411.22 feet; Seminole County, Florida, lying South of
thence South 07 °48'55" East a distance of 479.90 State Road 434.
feet; thence North 83 °43'02" East a distance of
606.23 feet to the East right -of -way line of Belle F. Lot 24, Block D, D.R. Mitchell's Survey of
Avenue; thence South 07 °52'30" East a distance of the Levy Grant, as recorded in Plat Book
380.17 feet; thence North 83 °41'32" East a dis- 1, Page 5, Public Records of Seminole
tance of 475.42 feet; thence South 08 °03'17" East County, Florida, less road right -of -way.
a distance of 367.35 feet to the Southwest corner G. Beginning at the Northeast corner of Lot
of Walden Terrace as recorded in Plat Book 18, 4, Gardena Farms, as recorded in Plat
Page 69, Public Records of Seminole County, Book 6, Page 23, Public Records of Semi
Florida; thence North 84 °36'03" East a distance of nole County, Florida; run thence North
632.94 feet; thence South 08 °09'51" East a dis- 84 °48'49" West along the North line of
tance of 323.48 feet to the Southwest corner of Lot Lots 4 and 5 of Gardena Farms a distance
7 of said Walden Terrace; thence South 82 °44'51" of 1351.75 feet to the West right -of -way
West a distance of 636.77 feet to the East right line of Tuskawilla Road; run thence North
of -way line of David Drive; thence South 08 °02'00" erly along the West right -of -way line of
East a distance of 3001.70 feet; thence South Tuskawilla Road a distance of approxi-
82°39'35" West a distance of 195.89 feet to the mately 1075 feet to the Northeast corner
West line of Section 3, Township 21 South, Range of Tract A, Avery Park as recorded in Plat
30 East; thence South 00 °39'12" West along the Book 60, Page 33, Public Records of Sem-
West line of Section 3 and the West line of Section Mole County, Florida; run thence North
10, Township 21 South, Range 30 East a distance 87 °02'40" West a distance of 387.79 feet;
of 2488.28 feet; to the Point of Beginning; thence North 03 °37'30" East a distance of
480.00 feet; thence North 87 °02'40" West
LESS THE FOLLOWING PARCELS: a distance of 974.77 feet; thence North
A. Lot 7, less the West 55 feet thereof, and 550 feet; thence East along the North
right -of
the West one half of Lot 8, Entzminger -way of Natures Way 275.00 feet;
Farms Addition Number 2, as recorded M thence South 500.00 feet; thence East
Plat Book 5, Page 9, Public Records of 225.00 feet along the North right -of- -way
of Milky Way, thence North 500 feet;
Seminole County, Florida. thence East along the North right -of -way
B. Lot 9, Entzminger Farms Addition Num of Natures Way 1150.00 feet to the West
ber 2, as recorded in Plat Book 5, Page 9, right-of-way of Tuskawilla Road; thence
Public Records of Seminole County, Flor- South 14 West along said right-of-way
ida. for a distance of 50.00 feet to a point on
the South right -of -way of Natures Way,
C. The East one half of Lots 41 and 42, thence West along said right -of -way for a
Entzminger Farms Addition Number 2, distance of 350.00 feet; thence South 225.00
as recorded in Plat Book 5, Page 9, Public feet; thence East 400.00 feet to the East
Records of Seminole County, Florida. right -of -way of Tuskawilla Road; thence
South 13 °21'42" West a distance of 262.51
D. Lots 25 and 32, Entzminger Farms Addi- feet along said right -of -way line; thence
tion Number 2, as recorded M Plat Book South 87 °22'08" East a distance of 639.65
5, Page 9, Public Records of Seminole feet to the Easterly line of the CSX right
County, Florida, less road right -of -way. of -way; thence South 06 °59'19" East a
distance of 329.06 feet along said right -of-
E. The West 774.9 feet of the East 1028.5 way to the point of curvature of a curve
feet of Lot 9, Block D, D.R. Mitchell's concave Easterly having a radius of 1967.00
Survey of the Levy Grant, as recorded in feet; thence Southerly along said curve a
Supp. No. 12 20
CHARTER
distance of 655.47 feet through a central TSS File Number SX -7930
angle of 19°05'35"; thence South 86 °29'50" (Ord. No. 2008 -09, 2, 5- 27 -08)
East a distance of 1449.46 feet to the East
line of the Moses E. Levy Grant; thence Ordinances Annexing Property to the City
South 04 °13'03" West a distance of 508.82 Since May 27, 2008
feet to a point on a curve concave North NOTE: The following is not included in the terri-
erly having a radius of 654.81 feet; thence tonal description:
Easterly along curve a distance of 344.50
feet through a central angle of 30 °08'37 Ord. No. Date
thence South 00 °36'11" East a distance of
912.73 feet to the South right -of -way line 2008 -17 9 -22 -08
of the CSX railroad; thence North 55 °19'
West along said right -of -way line a dis-
tance of 577.32 feet; thence South 24 °27'43"
West a distance of 144.70 feet to the North
right -of -way line of Railroad Avenue; thence
North 57 °08'47" West along said North
right -of -way line of Railroad Avenue a
distance of 628.60 feet; thence North
85 °39'35" West a distance of 643.45 feet to
the East line of Gardena Farms; thence
North 04 °20'25" East a distance of 388.78
feet to the Point of Beginning.
H. That part of Section 4, Township 21 South,
Range 31 East, Seminole County, Florida
described as follows: Commence at the
Southeast corner of Barrington Estates,
Plat Book 62, Page 80, Public Records of
Seminole County, Florida; thence North
00 °21'31" West, 306.84 feet to the Point of
Beginning, thence South 89 °51'33" West,
25.00 feet; thence North. 00 °21'31" West,
25.00 feet; thence North 89 °51'33" East,
25.00 feet; thence South 00 °21'31" East to
the Point of Beginning.
Note: The foregoing legal description is based on
the following data:
1. The City of Winter Springs Subdivision
and Parcel Map dated November 2007,
prepared by Southeastern Surveying.
2. Property ownership maps prepared by the
Seminole County Property Appraiser for
29 sections.
3. Recorded plats of subdivisions affecting
the legal description, utilizing 122 plat
book pages.
TSS Order Number T07 -F08
[The next page is 67]
Supp. No. 14 21
RESOLUTION NUMBER 2010-__
A RESOLUTION OF THE CITY COMIVIISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR A
FORMAL PUBLIC PROCESS TO CONDUCT A
COMPREHENSIVE REVIEW OF THE CITY CHARTER FOR
PURPOSES OF DETERMINING WHETHER AMENDMENTS
SHOULD BE PROPOSED TO THE CITY ELECTORATE
DURING THE 2010 GENERAL ELECTION; PROVIDING
FOR THE ESTABLISHMENT OF A "WINTER SPRINGS AD
HOC CHARTER REVIEW ADVISORY COMMITTEE
PROVIDING A PUBLIC REVIEW PROCESS; PROVIDING
FOR TECHNICAL ASSISTANCE AND OTHER TERMS AND
CONDITIONS NECESSARY TO CONDUCT AN ORDERLY
AND WELL- INFORMED CHARTER REVIEW PROCESS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Winter Springs, Florida was established by the Florida
Legislature in 1959 and operates pursuant to its City Charter; and
WHEREAS, the City Charter has been amended from time to time as the governance of
the City has evolved; and
WHEREAS, the Model City Charter, as researched and published by the National Civic
League, has provided the template for City Charters since publication of its first Model City
Charter in 1899; and
WHEREAS, in 2001, the City Commission established a comprehensive charter review
process for purposes of modernizing the City Charter consistent with the Model City Charter, 7
Edition, promulgated by the National Civic League; and
WHEREAS, in 2001, the City Commission proposed to the electorate of the City of
Winter Springs approximately 23 amendments to the City Charter to modernize the governance
of the City of Winter Springs; and
WHEREAS, the approximate 23 amendments were approved by the electorate of the
City of Winter Springs and became law pursuant to the Florida Constitution and the Florida
Municipal Home Rule Powers Act; and
WHEREAS, since the last comprehensive City Charter review process in 2001, the
National Civic League published the 8 Edition of the Model City Charter in 2003; and
WHEREAS, there has been an expression of interest among City Officials and members
of the public that the City Charter should be reviewed for purposes of determining whether the
Model City Charter, 8` Edition offers any additional suggestions and guidance that may be
helpful to further modernize the City Charter of Winter Springs; and
WHEREAS, the City Commission desires to appoint an ad hoc committee to conduct the
City Charter review process and to determine whether or not additional charter amendments
should be recommended to the City Commission for proposal to the electorate of Winter Springs;
and
WHEREAS, the City Commission desires to provide an open, objective, and deliberative
process that will afford the public ample opportunity to participate in the City Charter review
process; and
WHEREAS, the City Commission finds that this resolution to be 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 I. Establishment Of A Charter Review Committee; Meetings.
(a) The City Commission hereby establishes a temporary ad hoc committee for
purposes of conducting a comprehensive review of the City Charter in accordance with the terms
and conditions of this Resolution. The committee shall be called the "Winter Springs Ad Hoc
Charter Review Committee." (Charter Review Committee). The Charter Review Committee
shall consist of no more than members, who shall be registered electors of the
City of Winter Springs. The Mayor shall appoint members at- large, subject to ratification
by majority vote of the City Commission. Each City Commissioner shall appoint member
who shall reside in the district of the Commissioner making the appointment, subject to
ratification by majority vote of the City Commission. No alternates shall be appointed.
Vacancies shall be filled in the same manner as the original appointment. Prior to appointment,
each member of the Charter Review Committee shall be required to complete the standard City
Advisory Board and Committee Application. Upon appointment, each member of the Charter
Review Committee shall serve at the pleasure of the City Commission until the Charter Review
Committee's work has been completed and the City Commission has accepted the Committee's
final report. Each member of the Charter Review Committee shall serve without compensation.
(b) Meetings of the Charter Review Committee shall be duly noticed and held public
meetings which shall be open to the public and which shall commence no earlier than 5:00 p.m.
during the workweek. A portion of each meeting will be reserved for taking public input
relevant to issues pertaining to the City Charter review process outlined in this resolution. The
agendas, minutes and a record of the proceedings and decisions of the Charter Review
Committee shall be kept and filed with the City Clerk in the same manner as those kept and filed
for the City Commission.
(c) The first order of business for the Charter Review Committee shall be to elect a
chairperson and vice chairperson. The chairperson shall be responsible for running the meetings.
In the absence of the chairperson, the vice chairperson shall run the meetings. Roberts Rules
City of Winter Spring, Florida
Resolution Number 2010
Page 2 of 4
shall serve as guide to running the meetings of the Charter Review Committee to the extent not
in conflict with this Resolution. A majority of the total Committee members appointed shall
constitute a quorum.
(d) The Charter Review Committee shall act by consensus. However, the Charter
Review Committee by consensus can elect to note issues in the final report on which consensus
could not be reached.
SECTION II. Committee Responsibilities.
(a) The Charter Review Committee shall conduct a comprehensive review of the
existing City Charter for the primary purpose of determining consistency with the Model City
Charter, 8 Edition, published by the National Civic League. The Charter Review Committee
shall have the responsibility of working with the Project Facilitator/Technical Resource
Specialist, the Project Liaisons, and interested citizens during the review process to determine if
amendments to the City Charter should be proposed to the electorate of the City of Winter
Springs.
(b) Upon conclusion of its review of the City Charter, the Charter Review Committee
shall prepare and approve a final written report which shall identify all proposed charter
amendments (if any) and the reason for said proposals. The final report shall be completed no
later than May 30, 2010 unless additional time granted by the City Commission. The final report
of the Charter Review Committee shall be presented to and reviewed by the City Commission at
least once at either a regular City Commission meeting or workshop specially called for that
purpose. The report shall be nonbinding on the City Commission. If the City Commission
determines that any of the proposed amendments in the report should be submitted to the
electorate for a vote, the City Commission shall direct the City Attorney to prepare an ordinance
for the City Commission's consideration that will call for a referendum to be held regarding the
amendment(s) in accordance with law. The referendum will be held at the City's next General
Election, which is scheduled for November 2, 2010, or as soon thereafter as possible.
(c) The City Charter review and amendment process shall be conducted in
accordance with attached "Process/Timeline," which is attached hereto as Appendix "A."
SECTION III. Technical Resources.
(a) The Charter Review Committee shall use the services of a Project
Facilitator/Technical Resource Specialist who shall be a competent professional whose area of
expertise and experience includes municipal government, City Charters, Municipal Codes, and
Administration. Said specialist shall be retained by the City.
(b) The selected Project Facilitator/Technical Resource Specialist's primary
responsibilities will include organizing and facilitating the review of the current City Charter;
assisting the Charter Review Committee in their analysis of the Charter; coordinating and
City of Winter Spring, Florida
Resolution Number 2010-
Page 3 of 4
facilitating any public input and recommendations regarding the City Charter; assisting City
staff; and assisting in the drafting of the final report.
(c) The City Manager, City Attorney, City Clerk, and Department Heads shall also
serve as technical advisers to the Charter Review Committee.
SECTION W. Organizational Chart.
The organizational structure of the Charter Review Process is set forth in Appendix `B,"
which is attached hereto and incorporated herein by this reference.
SECTION V. This Resolution shall take effect immediately upon its final passage and
adoption by the City Commission.
ADOPTED by the City Commission of the City of Winter Springs, Horida, in a
Special Meeting duly assembled on the day of January, 2010.
In witness whereof, I have hereunto set my hand and
caused this seal to be affixed.
JOHN F. BUSH, 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 Spring, Florida
Resolution Number 2010-
Page 4 of 4
CHARTER REVIEW 2010
TIMELINE (WSAHCRAC) APPENDIX "A"
Agenda Item with a Resolution setting up a Charter Review Committee and the January 4, 2010 City Commission
proposed timeline provided to the City Commission Special Meeting
Appointments may need to be made (approximately 2 City Commission
Meetings should be planned to take care of Appointments to the Winter Springs January 11, 2010 /January 25,
Ad Hoc Charter Review Advisory Committee) 2010
The Facilitator, the City Commission, the City Manager, and the Winter Springs
Ad Hoc Charter Review Advisory Committee will convene a "Kick -Off'
meeting Beginning February 2010
Meetings will need to be held and depending on when everyone can meet (plan
for approximately 2 -3 months of Winter Springs Ad Hoc Charter Review
Advisory Committee Meetings, at a minimum) February Mid May 2010
After the last Meeting(s) of the Winter Springs Ad Hoc Charter Review Advisory
Committee, this Ad Hoc Committee will need to put together a Final Report to
take to the City Commission for their Approval No later than May 30, 2010
The City Commission may want to hold 1 or more Workshops or Town Hall
Meetings (in possibly 3 different locations around the City) on the Winter
rings Ad Hoc Charter Review Advisory Committee's Final Report June 2010
The Findings and/or Consensus from such Workshops will then need to go to the
City Commission for their Approval June 28, 2010
Once Approval to move forward has been agreed upon by the City Commission,
the City Attorney will then need to put the agreed upon information into an
Ordinance for the City Commission to Approve 1st Reading of an Ordinance
with any changes to the Charter July 12, 2010
2 Reading of an Ordinance with any changes to the Charter July 26, 2010
Possible 3 Reading of an Ordinance, etc. August 9, 2010
Wording for all Ballots required to go to the Seminole County Supervisor of
Elections At latest by August 27, 2010
Next City /County /State Election Tuesday, November 2, 2010
Agenda Item to City Commission related to the Sunsetting of the Winter Springs
Ad Hoc Charter Review Advisory Committee After November 3, 2010
City of Winter Springs, Florida
Resolution 2010-
CHARTER REVIEW 2010
ORGANIZATIONAL CHART (WSAHCRAC) APPENDIX "B"
Citizens
Mayor And
City Commission
Other Technical
Advisors:
City Manager
City Attorney
City Clerk
Department Heads
Project Facilitator/
Technical Resource
Specialist
Winter Springs Ad Hoc
Charter Review Advisory
Committee
City of Winter Springs, Florida
Resolution 2010-
RESOLUTION NUMBER 2010
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR A
FORMAL PUBLIC PROCESS TO CONDUCT A
COMPREHENSIVE REVIEW OF THE CITY CHARTER FOR
PURPOSES OF DETERMINING WHETHER AMENDMENTS
SHOULD BE PROPOSED TO THE CITY ELECTORATE
DURING THE 2010 GENERAL ELECTION; PROVIDING
FOR THE WINTER SPRINGS CITY COMMISSION TO
SERVE AS THE EX OFFICIO "CHARTER REVIEW
COMMITTEE PROVIDING A PUBLIC REVIEW
PROCESS; PROVIDING FOR TECHNICAL ASSISTANCE
AND OTHER TERMS AND CONDITIONS NECESSARY TO
CONDUCT AN ORDERLY AND WELL- INFORMED
CHARTER REVIEW PROCESS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Winter Springs, Florida was established by the Florida
Legislature in 1959 and operates pursuant to its City Charter; and
WHEREAS, the City Charter has been amended from time to time as the governance of
the City has evolved; and
WHEREAS, the Model City Charter, as researched and published by the National Civic
League, has provided the template for City Charters since publication of its first Model City
Charter in 1899; and
WHEREAS, in 2001, the City Commission established a comprehensive charter review
process for purposes of modernizing the City Charter consistent with the Model City Charter, 7
Edition, promulgated by the National Civic League; and
WHEREAS, in 2001, the City Commission proposed to the electorate of the City of
Winter Springs approximately 23 amendments to the City Charter to modernize the governance
of the City of Winter Springs; and
WHEREAS, the approximate 23 amendments were approved by the electorate of the
City of Winter Springs and became law pursuant to the Florida Constitution and the Florida
Municipal Home Rule Powers Act; and
WHEREAS, since the last comprehensive City Charter review process in 2001, the
National Civic League published the 8 Edition of the Model City Charter in 2003; and
WHEREAS, there has been an expression of interest among City Officials and members
of the public that the City Charter should be reviewed for purposes of determining whether the
Model City Charter, 8 Edition offers any additional suggestions and guidance that may be
helpful to further modernize the City Charter of Winter Springs; and
WHEREAS, the City Commission desires to lead and conduct the City Charter review
process on its own and to determine whether or not additional charter amendments should be
proposed to the electorate of Winter Springs; and
WHEREAS, the City Commission desires to provide an open, objective, and deliberative
process that will afford the public ample opportunity to participate in the City Charter review
process; and
WHEREAS, the City Commission finds that this resolution to be 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 I. Establishment Of A Charter Review Committee; Meetings.
(a) The City Commission shall serve as the Charter Review Committee ex officio.
The Mayor shall chair all meetings of the Charter Review Committee. In the absence of the
Mayor, the Deputy Mayor shall chair the meetings.
(b) Meetings of the Charter Review Committee shall be duly noticed and held public
meetings which shall be open to the public and which shall commence no earlier than 5:00 p.m.
during the workweek. A portion of each meeting will be reserved for taking public input
relevant to issues pertaining to the City Charter review process outlined in this resolution. The
agendas, minutes and a record of the proceedings and decisions of the Charter Review
Committee shall be kept and filed with the City Clerk in the same manner as those kept and filed
for the City Commission.
SECTION H. Committee Responsibilities.
(a) The Charter Review Committee shall conduct a comprehensive review of the
existing City Charter for the primary purpose of determining consistency with the Model City
Charter, 8th Edition, published by the National Civic League. The Charter Review Committee
shall have the responsibility of working with the Project Facilitator/Technical Resource
Specialist, the Project Liaisons, and interested citizens during the review process to determine if
amendments to the City Charter should be proposed to the electorate of the City of Winter
Springs.
(b) Upon conclusion of its review of the City Charter, the Charter Review Committee
shall prepare and approve a final written report which shall identify all proposed charter
amendments (if any) and the reason for said proposals. The final report shall be completed no
later than May 30, 2010 unless additional time granted by the City Commission. The final report
City of Winter Spring, Florida
Resolution Number 2010
Page 2 of 4
of the Charter Review Committee shall be reviewed at least once at either a regular City
Commission meeting or workshop specially called for that purpose. Thereafter, the final report
may also be presented by the City at various town hall or community meetings. If the City
Commission determines that any of the proposed amendments should be submitted to the
electorate for a vote, the City Commission shall direct the City Attorney to prepare an ordinance
for the City Commission's consideration that will call for a referendum to be held regarding the
amendment(s) in accordance with law. The referendum will be held at the City's next General
Election, which is scheduled for November 2, 2010, or as soon thereafter as possible.
(c) The City Charter review and amendment process shall be conducted in
accordance with attached "Process/Timeline," which is attached hereto as Appendix "A."
SECTION III. Technical Resources.
(a) The Charter Review Committee may decide to use the services of a Project
Facilitator/Technical Resource Specialist who shall be a competent professional whose area of
expertise and experience includes municipal government, City Charters, Municipal Codes, and
Administration.
(b) The selected Project Facilitator/Technical Resource Specialist's primary
responsibilities will include organizing and facilitating the review of the current City Charter;
assisting the Charter Review Committee in their analysis of the Charter; coordinating and
facilitating any public input and recommendations regarding the City Charter; assisting City
staff; and assisting in the drafting of the final report.
(c) The City Manager, City Attorney, City Clerk, and Department Heads shall also
serve as technical advisers to the Charter Review Committee.
SECTION IV. Organizational Chart.
The organizational structure of the Charter Review Process is set forth in Appendix "B,"
which is attached hereto and incorporated herein by this reference.
SECTION V. This Resolution shall take effect immediately upon its final passage and
adoption by the City Commission.
[Adoption Page Follows]
City of Winter Spring, Florida
Resolution Number 2010-
Page 3 of 4
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
Special Meeting duly assembled on the day of January, 2010.
In witness whereof, I have hereunto set my hand and
caused this seal to be. affixed.
JOHN F. BUSH, 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 Spring, Florida
Resolution Number 2010
Page 4 of 4
CHARTER REVIEW 2010
TIMELINE (CC) APPENDIX "A"
Discussion regarding Charter Review and the proposed timeline provided to the January 4, 2010 City Commission
City Commission Special Meeting
If a Facilitator is utilized, that individual, the City Commission, and the City January 11, 2010 /January 25,
Manager will need to meet to discuss their plans 2010
Meetings will need to be held and depending on when everyone can meet (plan
for approximately 2 -3 months of Meetings, at a minimum) February Mid May 2010
After the last Meeting(s) of these parties, Staff will need to put together a Final
Report based on what the City Commission discussed to take to the City
Commission for their official Approval of the Final Report No later than May 30, 2010
The City Commission may want to hold 1 or more Workshops or Town Hall
Meetings (in possibly 3 different locations around the City) on the Final Report
with their constituents June 2010
The Findings and/or Consensus from such Workshops will then need to go to the
City Commission for their official Approval June 28, 2010
Once Approval to move forward has been agreed upon by the City Commission,
City Attorney will then need to put the agreed upon information into an
Ordinance for the City Commission to Approve 1st Reading of an Ordinance
with any changes to the Charter July 12, 2010
2n Reading of an Ordinance with any changes to the Charter July 26, 2010
Possible 3 Reading of an Ordinance, etc. August 9, 2010
Wording for all Ballots required to go to the Seminole County Supervisor of
Elections At latest by August 27, 2010
Next City /County /State Election Tuesday, November 2, 2010
City of Winter Springs, Florida
Resolution 2010
CHARTER REVIEW 2010
ORGANIZATIONAL CHART (CC) APPENDIX "B"
Citizens
Mayor And
City Commission
Other Technical
Advisors:
City Manager
City Attorney
City Clerk
Department Heads
Project Facilitator/
Technical Resource
Specialist
City of Winter Springs, Florida
Resolution 2010-
ATTACHMENT "C"
CHARTER REVIEW 2010
TIMELINE (WSAHCRAC)
Agenda Item with a Resolution setting up a Charter Review Committee and the January 4, 2010 City Commission
proposed timeline provided to the City Commission Special Meeting
Appointments may need to be made (approximately 2 City Commission
Meetings should be planned to take care of Appointments to the Winter Springs January 11, 2010 /January 25,
Ad Hoc Charter Review Advisory Committee) 2010
The Facilitator, the City Commission, the City Manager, and the Winter Springs
Ad Hoc Charter Review Advisory Committee will convene a "Kick -Off'
meeting Beginning February 2010
Meetings will need to be held and depending on when everyone can meet (plan
for approximately 2 -3 months of Winter Springs Ad Hoc Charter Review
Advisory Committee Meetings, at a minimum) February Mid May 2010
After the last Meeting(s) of the Winter Springs Ad Hoc Charter Review Advisory
Committee, this Ad Hoc Committee will need to put together a Final Report to
take to the City Commission for their Approval No later than May 30, 2010
The City Commission may want to hold 1 or more Workshops or Town Hall
Meetings (in possibly 3 different locations around the City) on the Winter
ings Ad Hoc Charter Review Advisory Committee's Final Report June 2010
The Findings and/or Consensus from such Workshops will then need to go to the
City Commission for their Approval June 28, 2010
Once Approval to move forward has been agreed upon by the City Commission,
the City Attorney will then need to put the agreed upon information into an
Ordinance for the City Commission to Approve 1st Reading of an Ordinance
with any changes to the Charter July 12, 2010
2nd Reading of an Ordinance with any changes to the Charter July 26, 2010
Possible 3rd Reading of an Ordinance, etc. August 9, 2010
Wording for all Ballots required to go to the Seminole County Supervisor of
Elections At latest by August 27, 2010
Next City /County /State Election Tuesday, November 2, 2010
Agenda Item to City Commission related to the Sunsetting of the Winter Springs
Ad Hoc Charter Review Advisory Committee After November 3, 2010
ATTACHMENT "C"
CHARTER REVIEW 2010
TIMELINE (CC)
Discussion regarding Charter Review and the proposed timeline provided to the January 4, 2010 City Commission
City Commission Special Meeting
If a Facilitator is utilized, that individual, the City Commission, and the City January 11, 2010 /January 25,
Manager will need to meet to discuss their plans 2010
Meetings will need to be held and depending on when everyone can meet (plan
for approximately 2 -3 months of Meetings, at a minimum) February Mid May 2010
After the last Meeting(s) of these parties, Staff will need to put together a Final
Report based on what the City Commission discussed to take to the City
Commission for their official Approval of the Final Report No later than May 30, 2010
The City Commission may want to hold 1 or more Workshops or Town Hall
Meetings (in possibly 3 different locations around the City) on the Final Report
with their constituents June 2010
The Findings and/or Consensus from such Workshops will then need to go to the
City Commission for their official Approval June 28, 2010
Once Approval to move forward has been agreed upon by the City Commission,
City Attorney will then need to put the agreed upon information into an
Ordinance for the City Commission to Approve 1st Reading of an Ordinance
with any changes to the Charter July 12, 2010
2nd Reading of an Ordinance with any changes to the Charter July 26, 2010
Possible 3` Reading of an Ordinance, etc. August 9, 2010
Wording for all Ballots required to go to the Seminole County Supervisor of
Elections At latest by August 27, 2010
Next City /County /State Election Tuesday, November 2, 2010