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HomeMy WebLinkAbout2009 01 26 Regular 605 Charter Review ProcessCOMMISSION AGENDA ITEM 605 January 26, 2009 Regular Meeting REQUEST: Informational Consent Public Hearings Regular X Mg . / Dept. Authorization The Interim City Manager requests that the City Commission review this Agenda Item and offer guidance on how to further proceed with their inquiries about a Charter Review Process. PURPOSE: This Agenda Item is being provided as requested by the City Commission and requests the City Commission review the enclosed information and then offer further direction on how to proceed with a possible Charter Review. CONSIDERATIONS: At the December 8th, 2008 Regular Meeting of the City Commission, Deputy Mayor Joanne M. Krebs brought up a discussion on a Charter Review. The following is an excerpt from that Meeting: "I WOULD LIKE TO MAKE A MOTION THAT WE HAVE A CHARTER REVIEW." MOTION BY COMMISSIONER KREBS WHO ADDED, "COULD WE BRING BACK AN ITEM - IN JANUARY." SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING -JANUARY 26, 2009 REGULAR AGENDA ITEM "605" PAGE 2 OF 4 MAYOR BUSH NOTED, "MOTION IS TO BRING BACK TO THE COMMISSION, AN AGENDA ITEM IN JANUARY -THE PROCEDURES ON CHARTER REVIEW." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. At the January 12, 2009 Regular Meeting of the City Commission, former City Manager Ronald W. McLemore provided an Informational Agenda Item on the Charter. Then ,at the January 12, 2009 Regular Meeting, the Interim City Manager was asked to bring back additional information as a Regular Agenda Item at the January 26, 2009 City Commission Meeting on a Charter Review. In preparation for this Agenda Item, the City's Charter was fully reviewed and a copy is attached under Attachment "A". The current City Charter does not have a provision for a normal Charter Review Process, so that is one thought the City Commission may wish to consider. In trying to provide the City Commission with as much pertinent and helpful information, Lynn Tipton, Membership Director for the Florida League of Cities was consulted early in the process of writing this Agenda Item. (Lynn Tipton as you know has a wealth of information on Florida, the governmental process and speaks before many entities, such as the Florida City County Manager Association (FCCMA); the Florida League of Cities; the Florida Institute of Government; and the Florida Association of City Clerks, in addition to numerous other organizations. A few questions were posed to her as noted below: "Our City is looking at getting into the Charter Review process and was wondering if you could recommend the best sources for possibly fresh concepts plus of course tried and true methods." "Do you know of a couple of Florida cities that always do this process very well?" CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING -JANUARY 26, 2009 REGULAR AGENDA ITEM "605" PAGE 3 OF 4 "Would you know of some individuals who could guide us on such a project, if our City Commission wanted to do a Charter review." "Is the National Civic League's "Model City Charter" really the best model to use (I understand it is the basic foundation of what most City's Charter are based on)?" Lynn Tipton's comments/suggestions were: "No two city charters are alike; nor are their charter reviews! " "Old styles and new trends: the hard part for that question is that some cities have their charter review processes very spelled out in ordinances, so I don't know of anyone who has broken with tradition, so to speak - I guess the hard part is finding the right blend of citizen input, community outreach and city needs being met... and that takes some trial and error. " "Some cities that do a consistently great job: Tallahassee (timing is built into charter); and Gainesville are two that are outstanding. I have also spoken at Sarasota's over the years (it is every S years plus they respond to citizen request) and they have had a consistent battle over whether or not to directly elect their mayor or continue to rotate the position. This has resulted in difficult procedures and costly elections - but I think their overall process has been commendable in terms of outreach, inclusion and staffing." "The National Civic League publications: Model City Charter, 8`h edition and the Charter Review workbooks are some of the only resources that exist for city charter reviews. 1 do like the workbook - it poses great questions for citizen-based review committees -really makes people think. The charter, on the other hand, while being a great document and the boilerplate language for thousands of cities -does not really help the committee itself - it is better for staff (especially the attorney). There really aren't any other books out there for this purpose -1've been looking for years." "if you are going to compare yourselves to other cities, make sure it is a "peer" review - those similar in population, services, scope of programs, form of government -for example, 1 would use Winter Haven, Lake Worth, Dunedin, Hallendale Beach, Ormond Beach, Oakland Park - maybe a few others. Going 10 larger than you on the population list, only Apopka isn't council-manager...so if you need comparisons on forms of government, just let me know." CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING -JANUARY 26, 2009 REGULAR AGENDA ITEM "605" PAGE 4 OF 4 As a follow-up to Lynn Tipton's comments, the City Clerk contacted the City Clerks of Gainesville, Sarasota, and Tallahassee for any comments/information they might have; however, as of the date this Agenda Item went to the City Commission, no information has been received. (If we do receive any input in the near future, we will of course provide that to you). Additionally, to provide you with further information on the Charter Review process, the City Clerk sent out an inquiry to the 87+ municipalities (affiliated with the Florida Association of City Clerks) in this part of the State. If the City Commission is interested in such input, we will of course provide such information to you. Also, the Municipal Code Corporation which codifies our Code of Ordinances, and does the same for numerous municipalities in Florida and in many other states, has been contacted to see if they have any compiled information. They responded that they do not. However, we can always check out similar cities' Charters through their Websites or this company's links, with any suggestions that the City Commission might wish us to check for. A copy of the National Civic League's 8th Annual "Model City Charter" can be ordered, along with additional copies for the City Commission and any other possible Charter Review Committee Members, should the City Commission desire this be done. I would also like to know what specific concerns or issues you would like investigated, and to fully provide you with all of the information that I think you would like to review prior to getting into a Charter Review process, I would respectfully ask for a little more time as this is a rather involved process, at least to do it well. RECOMMENDATION: The City Commission is requested to review the information in this Agenda Item and advise Staff on the information included, and what preferences they might like us to consider in a follow-up Agenda Item. PART I CHARTER* Article L Corporate Name Sec. 1.01. Corporate name. Article 1Z Territorial Boundaries Sec. 2.01. Territorial Boundaries. Sec. 2.02. Property added by annexation since 1972. Sec. 2.03. Annexation procedure. Article IIL Powers of the City Sec. 3.01. Generally. Article N 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. S~upp. No. 2 WINTER SPRINGS CODE 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 VIII. Nominations and Elections Sec. 8.01. The city elections. Sec. 8.02. Qual~ed 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 % Amendments Sec. 10.01. General Authority. Article XI. Severability Sec. 11.01. Severability. Article %II. Powera Sec. 12.01. Powers generally. Article IiIII. Transitional Provisions Sec. 13.01. City ordinances. Sec. 13.02. City contracts. Sec. 13.03. City officials. Sec. 13.04. First Elections under Charter. Appendia A Territorial Boundaries Supp. No. 2 2 CHARTER ARTICLE I. CORPORATE NAME Section 1.01. Corporate name. The municipality hereby established shall be known as the City of Winter Springs, Florida. ARTICLE II. TERRITORIAL BOUNDARIES Section 2.01. Territorial Boundaries. Editor's note-A metes and bounds description of the territorial boundaries of the City of Winter Springs, Florida is presented in Appendix "A" Section 2.02. Property added by annexation since 1972. All property annexed to the City of Winter Springs, Florida, since the adoption of the Char- ter of 1972. Editor's note-A listing of ordinances annexing property to the city is maintained at the end of Appendix A Section 2.03. Annexation procedure. The commission of the City of Winter Springs, Florida, may propose by ordinance to annex an area of contiguous, compact, unincorporated land to the territorial limits of the municipality; or upon petition by all landowners of real property which is contiguous, reasonably compact and un- incorporated, the City of Winter Springs, may annex said land to the territorial limits of the municipality by ordinance. The procedure to be followed in the annexation of territory shall be as set forth in Chapter 171, Florida Statutes as it now exists or as it may be renumbered or amended. ARTICLE III. POWERS OF THE CITY Section 3.01. Generally. The city shall have all powers possible for a city to have under the constitution and laws of this State as fully and completely as though they were specifically enumerated in this Charter. ARTICLE IV GOVERNING BODY § 4.02 Section 4.01. Composition; qualification of members; and commission dis- tricts. (d) 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 provided in this Charter for a term of four (4) years commencing on the first Monday after the first day of December of each year an election is held, and its members shall serve until their successors have taken office; provided such terms 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- tion 4.02 (a) of this Charter. The mayor shall be elected at large and may reside anywhere within the city. (b) Eligibility. Only qualified voters of the city shall be eligible to hold the office of mayor or commissioner. Qualifications for candidates for the offices of mayor and city commissioner are as set out in Section 2-87, Code of the City of Winter Springs, Florida, as maybe amended from time to time. Section 4.02. Commission districts; adjust- ment of districts. (a) Number of districts. The city commission of the City of Winter Springs, Florida, shall by separate ordinance divide the city into five (5) geographical commission districts. (b) Districting commission. By the first day of February, 1991, the first day of February, 1992, and every three (3) years thereafter, the city commission shall appoint seven (7) city electors determined from the registration of the last reg- ular election, one (1) to be appointed by each commissioner from his/her respective district, and two (2) appointed by the mayor from the city at large, who shall comprise the districting commis- sion. Electors chosen shall not be employed by the city in any other capacity. The initial districting commission, creating and establishing the first commission districts, shall be appointed by each commissioner and the mayor from the city at large. Supp. No. 2 3 § 4.02 WINTER SPRINGS CODE (c) Report; specifications. The districting com- rilission shall file with the official designated by the city commission a report containing a recom- mended plan for establishment or adjustment of the commission district boundaries. The initial districting commission, creating and establishing the first commission districts, shall file such re- port within ninety (90) days of appointment. Thereafter, such reports shall be filed within one hundred twenty (120) days of appointment to the districting commission. The commission district boundaries shall comply with the following spec- ifications: (1) Each district shall be formed of compact, contiguous territory, and its boundary lines shall follow the center lines of streets insofar as practical or possible, or other boundaries available. (2) The districts shall be based upon the principle of equal and effective represen- tation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and de- scription of the districts recommended and shall be drafted as a proposed ordi- nance. Once filed with the designated official, the report shall be treated as an ordinance introduced by a commissioner. (d) Support. It shall be the responsibility of the city manager to provide staff assistance and tech- nical data to the districting commission. (e) Procedure. The procedure for the city commission's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinances is published pursu- ant to this Charter and general law, it must include both the map and a description of the recommended districts. (fj Failure to enact ordinance. The city commis- sion shall adopt the redistricting ordinance at least one hundred twenty (120) days before the next city election. If the city commission fails to either accept or reject the redistricting ordinance, the report of the districting commission shall go into effect and have the same effect of an ordi- nance. The proposed redistricting ordinance may not be rejected for any reason except for failure to comply with the specifications listed in section 4.02(c) of this Charter or failure to comply with other local, state or federal law. (g) Effect of enactment. The new commission districts and boundaries as of the date of enact- ment shall supersede previous commission dis- tricts and boundaries for all purposes; provided all incumbent commissioners shall continue to hold office for the entire term to which elected notwithstanding any change in commission dis- trict and boundaries. Section 4.03. Election and terms. (a) The regular election of mayor and commis- sioners shall be held at the time provided for in Section 8.01 of this Charter. All elections shall be for four-year terms of office. The terms of the mayor and commissioner shall begin the first Monday after the first day of December of each year an election is held. (b) City commission seats are hereby desig- nated as seats one, two, three, four and five. (c) The mayor shall be limited to three (3) consecutive full terms of office. Commission mem- bers shall be limited to three (3) consecutive full terms of office. The mayor or any commission member who has served three (3) consecutive full terms of office after having been out of office for a period of one (1) year, shall be eligible for election to successive three (3) consecutive full terms of office; provided however, this limitation shall not prohibit a person who has served three (3) con- secutive full terms of office as mayor from quali- fying and being elected as a commission member; nor shall this limitation prohibit a person who has served three (3) consecutive full terms of office as a commission member from qualifying and being elected as mayor of the city. Section 4.04. Compensation; expenses. The city commission may determine the an- nual salary of mayor and commissioners by ordi- nance, but no ordinance increasing such salary shall become effective until the date of commence- ment of the terms of mayor and commissioners Supp. No. 2 4 CHARTER elected at the next regular election, provided that such election follows the adoption of such ordi- nance by at least six (6) months. The mayor and each commissioner of the city shall be reimbursed from the city treasury to cover the expenditures naturally and necessarily incurred in the perfor- mance of their duties of office and said reimburse- ment for expenses shall be established by resolu- tion. Section 4.05. Mayor. At each regular election for the office of mayor, a mayor shall be elected at large for a term of four (4) years and shall serve until his successor is elected and qualified; provided such term of office shall not exceed four (4) years. The mayor shall preside at meetings of the city commission, rep- resent the city in intergovernmental relation- ships, present an annual State of the City Mes- sage, and perform other duties specified by the commission. The mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no administrative duties. The city commission shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs, shall become mayor for the remainder of the un-expired term of the mayor. The mayor shall not vote except in case of a tie vote of the commission. Within ten (10) days after the adoption of any ordinance by the city commis- sion, the mayor shall have the power to veto said ordinance and return it to the commission at the next regular meeting with a written message. It shall require the affirmative vote of four (4) commission members to pass the ordinance after the mayor's veto. Section 4.06. General powers and duties. All powers of the city shall be vested in the commission, except as otherwise provided by law or this Charter, and the commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. § 4.08 Section 4.07. Prohibitions; holding other of- fice. (a) Holding other office. Except where autho- rized by law, neither the mayor nor any commis- sion member shall hold any other elected public office during the term for which the mayor or commission member was elected. Neither the mayor nor any commission member shall hold any other city office or city employment with the City of Winter Springs during the term of office for which elected. No former mayor or commission member shall hold any compensated appointive office or employment with the city until one year after the expiration of the term for which the mayor or commission member was elected. Noth- ing in this section shall be construed to prohibit the mayor or any commission member from se- lecting any current or former mayor or any cur- rent or former commission member to represent the city on the governing board of any regional or other intergovernmental agency, or to prohibit any former mayor or commission member from serving as a member of city advisory boards and commissions. (b) Appointments and Remoudls. Neither the mayor nor any commission member shall in any manner control or demand the appointment or removal of any city administrative officer or em- ployee whom the city manager or any subordinate of the city manager is empowered to appoint, but the commission may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquires and investigations under section 4.11, the mayor and city commis- sion shall not give orders to city officers and employees who are subject to the direction and supervision of the city manager, either publicly or privately, provided this prohibition shall not be construed so as to prevent the mayor and commis- sion members from communicating with the var- ious officers and employees of the city, as in the case of any other citizen of the city. Section 4.08. Vacancies; forfeitures of of- fice; filling of vacancies. (a) Vacancies. The office of the commissioner or mayor shall become vacant upon his death, resignation, removal from office in any manner Supp. No. 2 5 § 4.08 WINTER SPRINGS CODE authorized by law or forfeiture of his office, or in the event no one is elected to the office of mayor or commission member. (b) Forfeiture of of Tice. A commissioner or mayor shall forfeit his office if he: (1) Lacks at any time during his term of office any qualifications prescribed by this Char- ter or by law; or (2) Knowingly and willfully violates any ex- press prohibition of this Charter; or (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive reg- ular meetings of the commission without being duly excused by the commission. (c) Filling of vacancies. Avacancy in a commis- sion member's seat shall be filled until the next regular election to be held for the office of the commissioner from that seat by a majority vote of all its remaining members. Section 4.09. Judge of qualifications. The commission shall be the judge of the elec- tion and qualifications of its members and of the grounds of forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require production of evi- dence. Amember charged with conduct constitut- ing grounds for forfeiture of his office shall be so notified by certified mail and shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more news- papers of a general circulation in the city at least one week in advance of the hearing. Decisions made by the commission under this section shall be subject to review by the courts. Section 4.10. City clerk. (a) The city commission, after receiving a nom- ination from either the mayor or a commission member(s) shall, by a vote of not less than four (4) commission members, appoint an officer of the city who shall have the title of city clerk. The city clerk shall give notice of commission meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are provided by this Charter, by the commission or by law. (b) The city clerk may be removed by a vote of not less than four (4) commission members. Section 4.11. Investigations. The commission may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the commission shall be guilty of a misdemeanor and punishable by a fine of not more than five hun- dred dollars ($500.00) or by imprisonment for not more than ninety (90) days or both. Section 4.12. Independent audits. The commission shall provide for an indepen- dent audit of all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of accountants who have no personal interest, direct or indirect in the fiscal affairs of the city government or any of its officers. The commission may designate such accountant or firm annually or for a period not exceeding three (3) years provided that the designation for any particular fiscal year shall be made no later than six (6) months after the beginning of such fiscal year. If the state makes such an audit the commission may accept it as satisfying the re- quirement of this section. Section 4.13. Procedure. (a) Meetings. The commission shall meet reg- ularly at least once every month at such times and places as the commission may prescribe by rule. Special meetings shall be held on the call of the mayor or three (3) or more members and whenever practicable, upon no less than twelve (12) hours' notice to each member. All meetings shall be public. Supp. No. 2 6 CHARTER (b) Rules and journal. The commission shall determine its own rules and order of business and shall provide for keeping a journal of its proceed- ings. This journal shall be a public record. (c) Voting. Voting, except on procedural mat- ters, shall be by roll call and the ayes and nays shall be recorded in the journal. Three (3) mem- bers of the commission shall constitute a quorum but a smaller number may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the com- mission. No action of the commission shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the commis- sion. Section 4.14. Actions requiring an ordi- nance. In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance, those acts of the city commission shall be done by ordinance which: (1) Adopt or amend an administrative code or establish or alter or abolish any city de- partment, office or agency; (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is im- posed; (3) Levy taxes, except as otherwise provided in Article VII with respect to the property tax levied by the adoption of the budget; (4) Grant or renew or extend a franchise; (5) Regulate the rate charged for its services by the public utility, except telephone and telegraph companies and public utilities regulated by the Florida Public Service Commission; (6) Convey or lease or authorize the convey- ance or lease of any land of the city; (7) Adopt without amendment ordinances pro- posed under the initiative power; and (8) Amend or repeal any ordinance previ- ously adopted, except as otherwise pro- § 5.01 vided in Article IX with respect to repeal of ordinances reconsidered under the ref- erendum power. Section 4.15. Ordinances in general. (a) Form. Every proposed ordinance shall be introduced in writing in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Winter Springs hereby ordains ... " (b) Procedure. An ordinance may be intro- duced by any member at any regular or special meeting of the commission. Upon introduction of any ordinance, it shall be read in its entirety; provided however the said reading maybe by title only if all members of the city commission so vote. All ordinances shall be read twice, the second reading of any ordinance shall be by title only and shall follow the first by a minimum of ten (10) days; provided however, this requirement maybe waived by a unanimous vote of all five (5) mem- bers of the commission. All ordinances shall be posted in the city hall for thirty (30) days after their first reading. (c) Effective date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at the expiration of thirty (30) days after adoption or at any date specified therein. Section 4.16. Authentication and recording; codification. The mayor and the city clerk shall authenticate by their signatures all ordinances and resolutions adopted by the city commission and the city clerk shall record in full in a properly indexed book kept for that purpose all such ordinances and resolutions. ARTICLE V. CITY MANAGER Section 5.01. Appointment; qualifications, compensation. The city commission, by the affirmative vote of not less than four (4) commission members, shall appoint a city manager and fix the manager's compensation. The city manager shall be ap- Supp. No. 2 § 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. The commission may remove the city manager by a motion of the commission requiring not less than four (4) affirmative votes of its members. (7) He shall make such other reports as the commission may require concerning the operations of city departments, officers and agencies subject to his direction and supervision. Section 5.03. Powers and duties of the city manager. The city manager shall be the chief adminis- trative officer of the city. He shall be responsible to the commission for the administration of all city affairs placed in his charge by or under this Charter. He shall have the following powers and duties: (1) He shall appoint and when he deems it necessary for the good of the service, suspend or remove all city employees and appoint administrative officers provided for, by or under this Charter except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. He may authorize any ad- ministrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (2) He shall direct and supervise the admin- istration of all departments, officers and agencies of the city except as otherwise provided by this Charter or by law. (3) He shall attend all commission meetings and shall have the right to take part in discussions but may not vote. (4) He shall see that all laws, provisions of this Charter and acts of the commission subject to enforcement by him or by offic- ers subject to his direction and supervi- sion are faithfully executed. (5) He shall prepare and submit the annual budget and capital program to the com- mission. (6) He shall submit to the commission and make available to the public a complete (8) He shall keep the commission fully ad- vised as to the financial condition and future needs of the city and make such recommendations to the commission con- cerning the affairs of the city as he deems desirable. (9) He shall perform such other duties as are specified in this Charter or may be re- quired by the commission. Section 5.04. Acting city manager. By letter filed with the commission, the man- ager shall designate, subject to approval by the commission, a qualified city officer to exercise the powers and perform the duties of manager during his temporary absence or disability. During such absence or disability the commission may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his disability shall cease. ARTICLE VI. ADMINISTRATIVE DEPARTMENTS Section 6.01. Power of commission to estab- lish. The commission may establish city depart- ments, officers or agencies in addition to those created by this Charter and may prescribe the functions of all departments and agencies. Section 6.02. City attorney. (a) The city commission, after receiving a nom- ination from either the mayor or a commission member(s) shall, by a vote of not less than four (4) commission members, appoint an officer of the city who shall have the title of city attorney. The city attorney shall represent the city in all legal Supp. No. 2 8 CHARTER proceedings and shall perform such duties as provided by this Charter, by the commission, or by law. (b) The city attorney maybe removed by a vote of not less than four (4) commission members. ARTICLE VII. FINANCIAL PROCEDURE Section 7.01. Fiscal year. The fiscal year of the city shall begin on the first day of October and end on the last day of September. Section 7.02. Submission of budget and bud- get message. On or before the first day of July of each year, the city manager shall submit to the commission a budget for the ensuing fiscal year and an accompanying message. Section 7.03. Contents of budget. Except as required by law or this Charter, the budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this Char- ter, shall be in such form as the city manager deems desirable or the commission may require. The budget shall begin with a clear general sum- mary of its contents; shall show in detail all estimated income, indicating the proposed prop- erty tax levy, and all proposed expenditures, in- cluding debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and ex- penditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections: (1) The proposed goals and objectives and expenditures for current operations dur- ing the ensuing fiscal year, detailed for each fund by organizational unit, and program, purpose or activity, and the method of financing such expenditures; (2) Proposed capital expenditures during the ensuing fiscal year, detailed for each fund § 7.05 by organizational unit when practicable, and the proposed method of financing each such capital expenditure; and (3) The anticipated income and expense and profit and loss for the ensuing year for each utility or other enterprise fund oper- ated by the city. For any fund, the total of proposed expendi- tures shall not exceed the total of estimated income plus carried forward fund balance, exclu- sive of reserves. Section 7.04. Capital Program. (a) Submission to commission. The city man- ager shall prepare and submit to the commission a current and five (5) year capital program no later than the final date for submission of the budget. (b) Contents. The capital program shall in- clude: (1) A clear general summary of its contents; (2) A list of all capital improvements and other capital expenditures which are pro- posed to be undertaken during the cur- rent and five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (3) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (4) Method of financing upon which each cap- ital expenditure is to be reliant; and (5) The estimated annual cost of operating and maintaining the facilities to be con- structed or acquired. The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisi- tion. Section 7.05. Commission action on budget. Approval of the annual city budget shall be by resolution duly adopted by the commission, after a public hearing, in accordance with the provi- Supp. No. 2 g § 7.05 WINTER SPRINGS CODE sions of general law. The annual city budget may be amended by resolution duly adopted by the commission. Section 7.06. Public records. Copies of the budget and the capital program as adopted shall be public records and shall be made available to the public at suitable places in the city. Section 7.07. Amendments after adoption. (a) Supplemental appropriations. If during the fiscal year the city manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the commission by ordinance may make supplemental appropria- tions for the year up to the amount of such excess. (b) Emergency appropriations. To meet a pub- lic emergency affecting life, health, property, or the public peace the commission may make emer- gency appropriations.lb the extent that there are no available un-appropriated revenues to meet such appropriations, the commission may by such emergency ordinance authorize the issuance of emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year succeeding that in which the emer- gency appropriation was made. (c) Reduction of appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the commission without delay, indicating the estimated amount of the deficit, and the remedial action by him and his recom- mendations as to any other steps to be taken. The commission shall then take such further action as it deems necessary to prevent or minimise any deficit and for that purpose it may by ordinance reduce one or more appropriations. (d) 7~ansfer of appropriations. At any time during the fiscal year the city manager may transfer part or all of any unencumbered appro- priationbalance among programs within a depart- ment, office or agency, and, upon written request by the city manager, the commission may by ordinance transfer part or all of any unencum- bered appropriation balance from one depart- ment, office or agency to another. (e) Limitations; effective date. No appropria- tion for debt service may be reduced or trans- ferred, and no appropriation may be reduced below any amounts required by law to be appro- priated or by more than the amount of the unen- cumbered balance thereof. The supplemental and emergency appropriations and reduction or trans- fer of appropriations authorized by this section may be made effective immediately upon adop- tion. ARTICLE VIII. NOA~IINATIONS AND ELECTIONS Section 8.01. The city elections. The regular general city election for electing the mayor and commission members from seats two and four shall coincide with the Florida Gubernatorial election years. The regular general election for electing commission members from seats one, three, and five shall coincide with the United States Presidential election years. The entire electorate shall be entitled to vote in elec- tions for mayor and commission members. Section 8.02. Qualified voters. All citizens qualified by the constitution and laws of the State of Florida to vote in the city and who satisfy the requirements for registration pre- scribed by law shall be qualified voters of the city within the meaning of this Charter. Section 8.03. Election procedures. The city commission, by ordinance, shall adopt such election procedures as are necessary. Section 8.04. Non Partisan Elections. Municipal elections shall be nonpartisan and all officers shall be elected without reference to their political faith or party affiliations. Supp. No. 2 10 CHARTER ARTICLE IX. INITIATIVE AND REFERENDUM Section 9.01. General authority. (a) Initiative. The qualified voters of this city shall have power to propose ordinances to the commission and, if the commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such power shall not extend to the budget or capital program or any ordinance relat- ing to appropriation of money, levy of taxes or salaries of city officers or employees. (b) Referendum. The qualified voters of the city shall have power to require reconsideration by the commission of any adopted ordinance and, if the commission fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not ex- tend to the budget or capital program, or any emergency ordinance or ordinances relating to appropriation of money or levy of taxes. .~ Section 9.02. Commencement of proceed- ings;petitioners' committee; af- fidavit. Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and ad- dresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordi- nance or citing the ordinance sought to be recon- sidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk shall issue the appro- priate petition blanks to the petitioners' commit- tee within thirty (30) calendar days. Section 9.03. Petitions. (a) Number of signatures. Initiative and refer- endum petitions must be signed by qualified voters of this city equal in number to at least fifteen (15) per cent of the total number of quali- § 9.04 fled voters registered to -vote at the last regular city election. When the registered electors of the City of Winter Springs reaches 7,000, then the percentage changes to ten (10) per cent and remains ten (10) per cent thereafter. (b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing, and the date signed. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of circulator. Each paper of a pe- tition shall have attached to it when filed an affidavit executed by the circulator thereof stat- ing that he personally circulated the paper, the number of signatures thereon, that all signatures were affixed in his presence, that he believes them to be the genuine signatures of the per- sons ['] name they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for filing referendum petitions. Refer- endum petitions must be filed within thirty (30) days after adoption by the commission of the ordinance sought to be reconsidered. Section 9.04. Procedure after filing. (a) Certificate of the clerk; amendments. Within twenty (20) days after the petition is filed, the city clerk shall complete a certificate as to its suffi- ciency, specifying, if it is insuffiicient, the particu- lars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of a required number of valid signatures may be amended once if the petition- ers' committee files a notice of intention to amend it with the clerk within two (2) days after receiv- ing the copies of the clerk's certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copies of said certificate. Such supplementary petition shall comply with the requirements of subsections (b) 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 complete a certificate as to sufficiency of the petition as amended and promptly send a copy of said certificate to the petitioners' committee by registered mail as in the case of an original petition. When a petition or amended petition is certified insufficient and the petitioners' commit- tee does not elect to amend or request commission review under subsection (b) of this section within the time required, the clerk shall promptly present his certificate to the commission and the certifi- cate shall then be a final determination as to the sufficiency of the petition. (b) Commission review. If a petition has been certified insufficient and the petitioners' commit- tee does not file a notice of intention to amend it or if an amended petition has been certified insufficient, the committee may within two (2) days after receiving the copy of said certificate, file a request that it be reviewed by the commis- sion. The commission shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the commission determination shall then be a final determination as to the sufficiency of the petition. (c) Court review; new petition. A final determi- nation as to the sufficiency of a petition shall be subject to court review. A determination of insuf- ficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. Section 9.05. Referendum petitions; suspen- sion of effect of ordinance. When a referendum petition is filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such sus- pension shall terminate when: (1) There is a final determination of suffi- ciency of the petition; or (2) The petitioners' committee withdraws the petition; or (3) The commission repeals the ordinance; or (4) The supervisor of elections shall certify that the vote of the electorate failed to repeal the ordinance reconsidered. Section 9.06. Action on petition. (a) Action by commission. When an initiative or referendum petition has been finally deter- mined sufficient, the commission shall properly consider the proposed initiative ordinance in the manner provided in Article N, Section 4.15, or reconsider the referred ordinance by voting its repeal. If the commission fails to adopt a proposed initiative ordinance without any change in sub- stance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days of the date the ordinance was finally determined suffi- cient, it shall submit the proposed referred ordi- nance to the voters of the city. (b) Submission to voters. The vote of the city on a proposed or referred ordinance shall be held not less than ninety (90) days and not later than one year from the date of the final commission vote thereon. If no regular city election is to be held in the period prescribed in this subsection, the com- mission shall provide for a special election; other- wise, the vote shall be held at the same time as said regular election, except that the commission [may] in its discretion provide for a special elec- tion at an earlier date within the prescribed period. Copies of the proposed or referred ordi- nance shall be made available at the polls. (c) Withdrawal of petition. An initiative or ref- erendum petition may be withdrawn at any time prior to the fifteenth day preceding the day sched- uled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least four (4) members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated. Section 9.07. Results of election. (a) Initiative. If a majority of the qualified voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the com- mission. If conflicting ordinances are approved at the same election the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Supp. No. 2 12 CHARTER (b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certifica- tion of the election results. ARTICLE X. AMENDMENTS Section 10.01. General Authority. Amendments to this Charter may be proposed and adopted by the legislature of the State of Florida or by the city commission pursuant to the home rule powers granted under the Constitution of the State of Florida, or by qualified voters pursuant to Article IX of this Charter. ARTICLE XI. SEVERABILITY Section 11.01. Severability. If any provision of this Charter is held invalid the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circum- stance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. ARTICLE XII. POWERS Section 12.01. Powers generally. As provided in Article VIII, Section 2(b) of the State Constitution, the City of Winter Springs shall have the governmental, corporate and pro- prietary powers to enable the city to conduct municipal government, perform municipal func- tions and render municipal services and may exercise any power for municipal purposes except when expressly prohibited by law. ARTICLE %III. TRANSITIONAL PROVISIONS Section 13.01. City ordinances. All city ordinances and resolutions which are 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. Section 13.02. City contracts. § 13.04 All rights, claims and contracts shall continue except as modified pursuant to the provisions of this Charter. Section 13.03. City officials. All elected and appointed city officials shall retain their respective positions until the first election held pursuant to the requirements of this Charter. Section 13.04. First Elections under Char- ter. (a) The first election to be held under this Charter shall be for the purpose of electing per- sons to fill the offices of mayor and of the two commission members from seats designated as two and four respectively under the former Chaz- ter and as commission seats two and four under this Charter, and whose terms expire in the yeaz 2002. This first election shall be held at the time provided for in Section 8.01 of this Charter for the election of mayor and of commission members from seats designated as two and four. The mayor and the two (2) commission members elected at this election shall serve for terms of four (4) years and until their successors are elected and quali- fied. (b) The second election to be held under this Charter shall be for the purpose of electing per- sons to fill the offices of those commissioners from seats designated as one, three and five respec- tively under the former Charter and as commis- sion seats one, three, and five under this Charter and whose terms expire in the yeaz 2003, but which terms are hereby extended for a period of one year to the year 2004. Said second election 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- ignated as numbers one, three, and five respec- tively under this Charter. The commission mem- bers elected at this election shall serve for terms of four (4) years and until their successors have been elected and qualified. Supp. No. 3 13 ~ 13.04 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 14 CHARTER APPENDIX A TERRITORIAL BOUNDARIES The territorial boundaries of the City of Winter Springs, Florida, shall be: All those certain par- cels of land lying and being in Seminole County, Florida, more particularly described as follows: Beginning at the intersection of the South line of North Orlando Ranches, Section 3, Extended, as recorded in Plat Book 12, Page 34, Public Records of Seminole County, Florida, with the West line of Section 10, Township 21 South, Range 30 East; run thence North 81°46'40" East a distance of 1289.14 feet to the Southwest corner of Lot 3, Block C, North Orlando Ranches Section 3; thence North 81°46'40" East a distance of 1375.24 feet to the Southeast corner of Lot 8, said Block C; thence North 04°27'08" East a distance of 317.00 feet; thence North 81°46'35" East a distance of 2102.08 feet; thence South 03°19'51" West a dis- tance of 650.00 feet to the Southwest corner of Lot 7, Block D, North Orlando Ranches Section 1, as recorded in Plat Book 12, Page 3, Public Records of Seminole County, Florida; thence North 81°51'29" East a distance of 972.03 feet; thence South 05°18'29" West a distance of 2251.91 feet to the Southwest corner, TractA, North Orlando Ranches, Section 7, as recorded in Plat Book 13, Page 3, Public Records of Seminole County, Florida; thence North 82°51'47" East a distance of 3099.38 feet along the South line of North Orlando Ranches, Section 7, to the East right-of--way of Fisher Road and a curve concave Westerly with a radius of 627.35 feet; run thence 148.84 feet Southerly along said curve through a central angle of 13°35'38" to the Point of Tangency; thence South 04°07'45" West a distance of 1389.66 feet to the Southeast corner of that parcel of land described in O.R. Book 04355, Page 0863, Public Records of Seminole County, Florida; run thence Easterly approximately 680 feet to the Southeast corner of said parcel; thence North 02°43'24" West a dis- tance of 382.41 feet; thence North 08°20'54" West a distance of 213.03 feet; thence North 00°20'12" West a distance of 567.05 feet; thence South 85°28'11" East a distance of 234.36 feet; thence North 04°13'22" East a distance of 173.18 feet; thence North 63°16'04" East a distance of 232.31 feet; thence South 85°54'28" East a distance of 162.43 feet; thence South Ol°26'58" West a dis- App. A tance of 295.40 feet; thence South 85°28'11" East a distance of 361.18 feet; thence North 00°51'21" East a distance of 301.09 feet; thence South 85°22'34" East a distance of 297.19 feet to the Northwest corner of Tuscawilla Unit 5 as re- corded in Plat Book 20, Page 18, Public Records of Seminole County, Florida; thence South 04°57'42" West a distance of 300.00 feet; thence South 00°19'33" East a distance of 1057.79 feet to the Southwest corner of said Tuscawilla Unit 5; thence North 74°46'52" East a distance of 795.72 feet to the Northwest corner of Tuscawilla Trails Subdi- vision as recorded in Plat Book 41, Page 6, Public Records of Seminole County, Florida; thence South 03°15' West a distance of 100.00 feet; thence South 86°48' East a distance of 1090.71 feet to the West right-of--way line of Tuskawilla Road and a point on a curve concave Southeasterly having a radius of 648.31 feet; run 166.37 feet Northerly along said curve through a central angle of 14°42'11"; thence North 86°46'09" West a dis- tance of 43.09 feet; thence North 43°25'40" East along the West right-of--way line of Tuskawilla Road a distance of 897.60 feet; thence South 84°56'22" East a distance of 484.37 feet to the West line of Winter Springs Unit 4 as recorded in Plat Book 18, Page 7, Public Records of Seminole County, Florida; thence South 04°04'15" West along said West line a distance of 1944.22 feet to the Southeast corner of Lake Tuskawilla Phase 1 as recorded in Plat Book 34, Page 69, Public Records of Seminole County, Florida; thence North 84°55'22" West a distance of 1121.09 feet to the West right-of--way line of Tuskawilla Road; thence South 04°24'22" West along said West right-of- way line a distance of 865.48 feet; thence South 85°00'00" East a distance of 1220.50 feet; thence South 57°08'04" East a distance of 184.34 feet; thence South 35°08'02" East a distance of 164.69 feet; thence North 37°09'51" East a distance of 190.00 feet to the Northwest corner of Lot 11, Block D, Winter Springs, as recorded in Plat Book 15, Page 81, Public Records of Seminole County, Florida; thence South 52°50'29" East a distance of 170.00 feet; thence North 37°09'51" East a dis- tance of 99.14 feet; thence South 52°50'29" East a distance of 284.65 feet; thence North 31°06'10" East a distance of 226.87 feet; thence South 85°00'00" East a distance of 458.83 feet; thence 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 feet; thence North 42°34'49" East a distance of 247.48 feet; thence South 52°50'49" West a dis- tance of 314.86 feet to the Northeast corner of Lot 11, Block G of the aforesaid Winter Springs; thence Southwesterly along the East boundary of Winter Springs to the Southeast corner of Winter Springs; thence South 05°00'00" West a distance of 33.00 feet to the South line of Gardena Farms as retarded in Plat Book G, Page 23, Public Records of Seminole County, Florida; thence South 85°00'00" East a distance of 2837.17 feet to the Southeast corner of Gardena Farms; thence South 84°48'16" East a distance of 2404.62 feet to the Southeast corner of Winter Springs Unit 3 as recorded in Plat Book 17, Page 89, Public Records of Seminole County, Florida; thence North 00°15'09" East a distance of 2167.89 feet; thence North 87°02'43" East a distance of 1083.26 feet; thence North 85°14'00" East a distance of 602.06 feet; thence South 00°14'26" East a distance of 687.30 feet; thence South 69°34'29" East a distance of 750.00 feet to the Northeast corner of ~ska Ridge Unit 4 as recorded in Plat Book 46, Page 78, Public Records of Seminole County, Florida; thence South 50°17'37" West a distance of 423.20 feet; to the point of curvature of a curve concave easterly having a radius of 750.00 feet; run thence South- easterly along said curve through a central angle of 138°34'35" a distance of 1813.96 feet; thence South Ol°11'40" West a distance of 484.48 feet; thence South 57°48'19" West a distance of 36.75 feet to the Northwest corner of Lot 12, Oviedo Crossing, Phase 1B as recorded in Plat Book 47, Page 80, Public Records of Seminole County Flor- ida; run thence Easterly and Northerly along the Western boundary of Lot 12 of Oviedo Crossing, Phase 1B to the Northeast corner of said Lot 12 which is on the West right-of--way of Dovera Drive as shown on the plat of Oviedo Crossings, Phase 3 recorded in Plat Book 53, Page 29, Public Records of Seminole County Florida, said point being North 13°45'09" East 128.28 feet from the South- west corner of said plat; run thence Northeasterly along the west right-of--way line of Dovera Drive a distance of 1004.00 feet; thence North 73°53'18" West a distance of 156.52 feet; thence North 14°41'17" West a distance of 167.67 feet; thence South 88°50'21" West a distance of 532.80 feet; thence North 00° 14'26" West along the East bound- ary and an extension thereof of Zliskawilla Unit 7 as recorded in Plat Book 22, Page 41, Public Records of Seminole County, Florida a distance of 2157.34 feet to the Southwest corner of niskawilla Unit 13 recorded in Plat Book 29, Pages 1 & 2, Public Records of Seminole County, Florida; thence North 89°51'03" East a distance of 2741.19 feet; thence South 86°51'22" East a distance of 58 feet to the Southeast corner of said Tuskawilla Unit 13 and the Southwest corner of Chestnut Estates Phase 1 as recorded in Plat Book 48, Page 47, Public Records of Seminole County, Florida; run thence along the South line of said Chestnut Estates Phase 1, South 86°51'22" East a distance of 1227.44 feet; run thence North 00°04'00" East along the East line of said Chestnut Estates, Phase 1 a distance of 1660.19 feet to the South- west corner of Lot 214, ~scawilla Unit 14B as recorded in Plat Book 37, Page 6, Public Records of Seminole County, Florida; thence North 89°15'45" East a distance of 672.03 feet to the Southeast corner of Lot 219, ~.iscawilla Unit 14B, as re- corded in Plat Book 37, Page 6, Public Records of Seminole County, Florida; thence North 00°02'21" East a distance of 989.84 feet to the South line of Lot 229, ~scawilla Unit 14B; thence South 89°13'52" East a distance of 673.21 feet to the East right-of--way line of State Road 417; thence North 00°00'24" East a distance of 1318.99 feet; thence North 89°09'58" West a distance of 1349.55 feet; thence North 00°25'38" West a distance of 745.20 feet; thence South 89°58'22" East a dis- tance of 988.75 feet; thence North 00°40'35" East along the Westright-of--way line of State Road 417 a distance of 745.55 feet; to the point of curvature of a curve concave Westerly having a radius of 3375.94 feet; run 270.45 feet Northerly along said curve through a central angle of 04°35'24" thence North 55°45'00" West along the Northerly right- of-way line of the CSX railroad a distance of 1187.20 feet; thence North 00°30'53" West a dis- tance of 144.75 feet to the Southwest corner of Section 4, Zbwnship 21 South, Range 31 East; thence North 88°39'56" East a distance of 1294.50 feet to the Southwest corner of Worthington, as recorded in Plat Book 55, Page 7, Public Records of Seminole County, Florida; thence North 00°40'44" West along the West line of Worthington a dis- tance of 1134.57 feet; thence South 88°42'20" East a distance of 77.02 feet; thence North 00°38'03" Supp. No. 12 16 CHARTER East along the West line of Cassa-Villa-Heights as recorded in Plat Book 10, Page 97, Public Records of Seminole County, Florida a distance of 655.99 feet; thence South 88°42'20" East a dis- tance of 300.00 feet; thence North 03°12'47" West a distance of 209.65 feet to the Northerly right- of-way line of State Road 417; thence North 84°04'12" West a distance of 267 feet; thence North 560 feet; thence North 88°59'21" East a distance of 2368.07 feet; thence South 00°21'53" West a distance of 599.93 feet to the North right- of-way line of State Road 434; thence North 89°16'58" East along said right-of--way line a distance of 1005.56 feet; thence North 00°05'25" East a distance of 309.19 feet; thence North 88°48'36" East a distance of 692.15 feet; thence South 00°21'39" East a distance of 320.94 feet to the aforesaid North right-of--way line of State Road 434; thence North 89°23'02" East along said right-of--way line a distance of 665.45 feet; thence North 00°37'32" West a distance of 984.12 feet; thence North 89°43'46" East a distance of 409.69 feet; thence North 02°20'25" East a distance of 100.10 feet; thence North 89°43'41" East a dis- tance of 205.00 feet to the West right-of--way line of DeLeon Street; thence North a distance of 800.00 feet; thence West a distance of 330.00 feet; thence North a distance of 70.00 feet; thence West a distance 330.00 feet; thence North 330.00 feet; thence East for a distance of 660.00 feet; thence North 00°58'58" West along the West right-of--way line of DeLeon Street a distance of 773.18 feet; thence South 89°13'57" West a distance of 481.69 feet; thence North 09°35'50" East a distance of 29.81 feet; thence South 89°01'14" West a dis- tance of 6224.16 feet along the North lines of Sections 3, 4 & 5, 7.bwnship 21 South, Range 31 East; thence North 00°14'49" West a distance of 1003.76 feet; thence South 72°47'27" West along the shore of Lake Jesup a distance of 105.28 feet; thence South 05°34'34" West a distance of 1657.81 feet; thence South 89°18'43" West a distance of 204.30 feet to the West right-of--way line of State Road 417; thence North 27°20'30" West a distance of 1550.80 feet; thence North 89°38'22" West a distance of 1083.88 feet to the East line of Block B, First Addition to Mineral Springs Park as recorded in Plat Book 8, Page 46, Public Records of Seminole County, Florida; thence South 04°31'17" East a distance of 269.50 feet; thence North App. A 87°32' East a distance of 193.60 feet; thence South 00°12' West a distance of 321.70 feet; thence South 06°05' West a distance of 507.30 feet; thence West a distance of 366.60 feet to the East right-of--way line of Spring Avenue; thence South O1°01'41" East a distance of 935.08 feet; thence South 89°51'49" West a distance of 1002.74 feet to the Southwest corner of Lot 16, Philip R. Yonge Grant, Section 5, 7.bwnship 21 South, Range 31 East as recorded in Plat Book 1, Page 35, Public Records of Seminole County, Florida; thence North O1°09'25" West along the west line of said Lot 16 and Mineral Springs Park 2nd Addition as recorded in Plat Book 11, Page 45, Public Records of Seminole County, Florida; a distance of 1495.00 feet; thence Northwesterly along the water's edge of Lake Jesup 6400 feet, more or less, to the Northwest corner of St. Johns's Landings as re- corded in Plat Book 53, Page 45, Public Records of Seminole County, Florida; Run thence South 29°24'23" West a distance of 592.85 feet to an extension of the South right-of--way line of Orange Avenue; thence Northwest along the South right- of-way of Orange Avenue for a distance of 530.00 feet; thence Northeasterly along the West line of Lot 10, Tuskawilla Shores, Plat Book 6, Page 93, Public Records of Seminole County, Florida; for a distance of 600.00 feet to Lake Jesup; thence Westerly along said Lake to the Northwest corner of Lot 5 of the aforesaid plat to 1liskawilla Shores; thence Southwesterly to the Southwest corner of said Lot 5; thence Northwesterly along the North right-of--way of Orange Avenue to the Southwest- erlycorner of Lot 6 of Estes ~iskawilla, Plat Book 8, Page 29, Public Records of Seminole County, Florida; thence Northeasterly along the West line of Lot 6 for a distance of 370.00 feet; thence North 60° West to the West line of Lot 5 of said Plat; thence Northeasterly along said line to Lake Jesup; thence Westerly along the Shore of Lake Jesup for a distance of 180.00 feet; thence South- westerly along the West line of Lot 2 of said Plat to Orange Avenue; thence Northwesterly along Orange Avenue 235.00 feet; thence Northeasterly 250.00 feet; thence Southeasterly 100.00 feet; thence Northeasterly to Lake Jesup; thence along the shore of Lake Jesup 170.00 feet; thence South- westerly 700.00 feet to Orange Avenue; thence Northwesterly along Orange Avenue 750.00 feet; 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- westerly along the West line of the East one half of Lot 7 and a Southerly extension to the South right-of--way of Orange Avenue; thence Northwest- erly along said right-of--way to the Northwest corner of Lot 12, D.R. Mitchell's Survey of Levy Grant, Plat Book 1, Page 5, Public Records of Seminole County, Florida; thence Northeasterly along the East line of Lot 9 of said Plat to the water's edge of Lake Jesup; run thence Westerly along said water's edge a distance of 2550 feet more or less to the Northeast corner of the West one half of Lot 3, Block C of the aforesaid D.R. Mitchell's Survey of the Levy Grant; thence South 08°12'44" East a distance of 1554.89 feet; thence South 83°05'46" West a distance 250.00 feet; thence North 07°59'42" West a distance of 1003.64 feet to the Southeast corner of Tract C, Parkstone Unit 3 as recorded in Plat Book 58, Page 17, Public Records of Seminole County, Florida; thence North 06°38'26" West a distance of 500.34 feet to the Northeast corner of said Tract C; Run West- erly and Northerly along the water's edge of Lake Jesup approximately 5700 feet to the Northerly extension of the East line of Lot 10, Block C, D.R. Mitchell's Survey of the Levy Grant; thence South 08°02'00" East a distance of 2175.66 feet to the Northeast corner of Entzminger Farms Addition Number 2 as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida; thence South 84°25'04" West a distance of 2549.93 feet; thence North 74°17'03" West a distance of 1608.78 feet; thence South 07°38'40" East along the West line of Hartmans Industrial Park as recorded in Plat Book 32, Page 99, Public Records of Seminole County, Florida a distance of 1081.08 feet to the South line of The Old Sanford-Oviedo Road; thence North 76°17'58" West a distance of 231.75 feet; thence North 07°35'42" West a distance of 230.15 feet; thence South 83°14'11" West a distance of 966.96 feet to the East right-of--way line of State Road 419 and a curve concave Northeasterly having a radius of 2129.93 feet; run 700.57 feet Northerly along said curve and said right-of--way line through a central angle of 18°50'44"; thence continue along said right-of--way line North 12°16'16" West a distance of 4468.27 feet to the point of curvature of a curve concave Easterly having a radius of 2423.72 feet; run 705.52 feet Northerly along said curve through a central angle of 16°40'42" to the point of tangency; thence North 00°30'54" East a distance of 543.18 feet to the point of curvature of a curve concave Easterly having a radius of 1560.97 feet; run 369.93 feet Northerly along said curve through a central angle of 13°34`42" to the point of reverse curva- ture of a curve concave Westerly having a radius of 1846.06 feet; run 358.31 feet Northerly along said curve through a central angle of 11°07'15"; thence North 00°24'54" West a distance of 1022.16 feet to the point of curvature of a curve concave Westerly having a radius of 403.67 feet; run 285.08 feet Northwesterly along said curve through a central angle of 40°27'48" to the Southeastern right-of--way line of U.S. Highway 17-92; thence South 40°14'04" West a distance of 502.69 feet; thence South 49°51'57" East a distance of 160.73 feet; thence North 90°00'00" East a distance of 80.00 feet; thence North 00°00'00" East a distance of 160.00 feet; thence North 90°00'00" East a distance of 113.62 feet; thence South 00°24'54" East a distance of 959.34 feet to the point of curvature of a curve concave Westerly having a radius of 1746.07 feet; run 340.77 feet Southerly along said curve through a central angle of 11°10'56" to the point of reverse curvature of a curve concave Easterly having a radius of 1660.89 feet; run 388.19 feet Southerly along said curve through a central angle of 13°23'29"; thence South 00°31'24" West a distance of 540.72 feet to the point of curvature of a curve concave Easterly having a radius of 2523.72 feet; run 734.54 feet Southerly along said curve through a central angle of 16°40'34"; thence South 12°16'16" East a distance of 4468.22 feet to the point of curvature of a curve concave Easterly having a radius of 1987.00 feet; run 261.57 feet Southerly along said curve through a central angle of 07°32'33"; thence South 84°14'52" West a distance of 398.33 feet to the East line of Highland Lake, Phase 2, as recorded in Plat Book 48, Public Records of Sem- inole County, FL; thence North 08°07'25" West a distance of 3411.66 feet; thence North 70°20'58" West a distance of 1551.22 feet; thence South 81°30'23" West a distance of 851.10 feet to the Northwest corner of the Highlands, Section 1, as recorded in Plat Book 18, Page 95, Public Records of Seminole County, Florida; thence North 00°52'46" West a distance of 246.20 feet; thence South 89°28'35" West a distance of 744.60 feet; thence Supp. No. 12 18 CHARTER South 00°41'46" East a distance of 1220.44 feet; thence South 85°51'51" West a distance of 218.56 feet; thence South 00°45'11" East a distance of 358.83 feet to the North right-of--way line of Shepard Road; thence South 84°22'19" West a distance of 82.49 feet to the Southeast corner of Spring Hammock Replat as recorded in Plat Book 7, Page 96, Public Records of Seminole County, Florida; thence North 00°41'46" West a distance of 409.84 feet; thence South 89°51'55" West a distance of 1182.07 feet to the East right of way of U.S. Highway 17-92 and a curve concave South- easterly having a radius of 5758.51 feet; run 975.00 feet Southwesterly along said curve to a point 5.00 feet South of the South line of Lot 17, Block B, Oak Grove Park as recorded in Plat Book 7, Page 83, Public Records of Seminole County, Florida; thence South 60°25'22" East along a line 5.00 feet South of an parallel to said line a distance of 505.00 feet; thence South 04°06'14" West a distance of 520.00 feet to the Southeast corner of Lot 13, said Block B; thence North 67°25'16" West a distance of 653.89 feet to the East right-of--way line of U.S. Highway 17-92 and a curve concave Easterly having a radius of 7811.16 feet; run 216.21 feet Southerly along said curve through a central angle of Ol°35'09"; thence South 69°23'37" East a distance of 698.53 feet to the Northeast corner of Boat Lake Terrace as re- corded in Plat Book 11, Page 3, Public Records of Seminole County, Florida; thence South 05°04'21" West a distance of 199.70 feet; thence North 71°32'45" West a distance of 736.37 feet to the East right-of--way line of U.S. Highway 17-92 and a curve concave Easterly having a radius of 7810.10 feet; run 426.73 feet Southerly along said curve through a central angle of 03°07'50"; thence South 77°09'12" East a distance of 792.13 feet to the Northeast corner of Lot 4, Block B of the aforesaid Oak Grove Plat; thence South 05°04'22" West a distance of 285.45 feet to the North line of Entzminger Farms Addition Number 3 as re- corded in Plat Book 6, Page 27, Public Records of Seminole County, Florida; thence South 83°29'30" West along said North line a distance of 380.64 feet; thence South 05°17'58" West a distance of 315.34 feet; thence South 83°29'14" West a dis- tance of 495.24 feet to the Easterly right-of--way of U.S. Highway 17-92; thence South 05°52'01" West along said right-of--way line a distance of 470.66 App. A feet; thence North 83°26'38" East along the North right-of--way line of Florida Avenue a distance of 1268.64 feet to an intersection with the West line of Block D of Flamingo Springs as recorded in Plat Book 8, Page 72, Public Records of Seminole County, Florida; run thence Southeasterly along said West line of Block D a distance of appro~- mately 260 feet to the Southwest corner of Lot 9 of said Block D; run thence North 83°27'09" East a distance of 374.60 feet to the Southeast corner of said Lot 9, Block D; thence South 04°43'28" West a distance of 1205.49 to the Southeast corner of Williamson Heights as recorded in Plat Book 12, Page 36, Public Records of Seminole County, Florida thence South 82°56'32" West a distance of 884.25 feet to the Southwest corner of said Wil- liamson Heights; thence North 04°29'00" a Dis- tance of 297.98 feet; thence South 84°09'57" West a distance of 825.51 feet to the Easterly right-of- way line of U.S. Highway 17-92; thence South 04°49'28" West a distance of 303.78 feet to the North right-of--way line of Nursery Road; thence North 83°44'32" East a distance of 435.72 feet; thence South 04°21'49" West a distance of 201.84 feet to the Southwest corner of Lot 1, Block D, Talmo Subdivision as recorded in Plat Book 17, Page 10, Public Records of Seminole County, Florida; thence North 83°16'08" East a distance of 473.33 feet through the Southeast corner of Lot 12, said Block D, to the East right-of--way line of Talmo Street; thence South 04°45'00" West a distance of 1882.48 feet to the centerline of State Road 434; thence South 89°36'08" West a distance of 590.45 feet; thence South 10°32'40" West a distance of 253.10 feet; thence North 83°07'59" East a distance of 657.81 feet; thence North Ol°41'09" East a distance of 124.33 feet to the South right-of--way line of State Road 434; thence North 90°00'00" East a distance of 1870.00 feet; thence North 80.00 feet more or less to the North right-of--way of State Road 434; thence North 03°06'26" West, 50.18 feet; thence South 89°59'34" East, 336.26 feet; thence South 00°49'13" East, 91.83 feet to the North right-of--way of State Road 434; thence South 80.00 feet more or less to the South right-of--way of State Road 434; thence East 365.00 feet; thence South 07°20'39" East along the West line of Lot 2, Lew-Jim Subdivision as recorded in Plat Book 11, Page 38, Public Records 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 Block D, D.R. Mitchell's Survey of Lot 24 F 60623 feet to the East right-of--way line of Belle , . the Levy Grant, as recorded in Plat Book Avenue; thence South 07°52'30" East a distance of Page 5, Public Records of Seminole 1 380.17 feet; thence North 83°41'32" East a dis- , County, Florida, less road right-of--way. tance of 475.42 feet; thence South 08°03'17" East 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 appro~- 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 inole 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 550 feet; thence East along the North A. Lot 7, less the West 55 feet thereof, and right-of--way of Natures Way 275.00 feet; the West one half of Lot 8, Entzminger thence South 500.00 feet; thence East Farms Addition Number 2, as recorded in 225.00 feet along the North right-of--way Plat Book 5, Page 9, Public Records of of Milky Way; thence North 500 feet; Seminole County, Florida. thence East along the North right-of--way of Natures Way 1150.00 feet to the West B. Lot 9, Entzminger Farms Addition Num- right-of--way of Tuskawilla Road; thence ber 2, as recorded in Plat Book 5, Page 9, South 14 West along said right-of--way Public Records of Seminole County, Flor- for a distance of 50.00 feet to a point on ida. the South right-of--way of Natures Way; The East one half of Lots 41 and 42, C thence West along said right-of--way for a . Entzminger Farms Addition Number 2, distance of 350.00 feet; thence South 225.00 Page 9, Public as recorded in Plat Book 5 feet; thence East 400.00 feet to the East , Records of Seminole Count Florida. y 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 in 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 angle of 19°05'35"; thence South 86°29'50" East a distance of 1449.46 feet to the East line of the Moses E. Levy Grant; thence South 04°13'03" West a distance of 508.82 feet to a point on a curve concave North- erlyhaving aradius of 654.81 feet; thence Easterly along curve a distance of 344.50 feet through a central angle of 30°08'37"; thence South 00°36'11" East a distance of 912.73 feet to the South right-of--way line 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. Recorded plats of subdivisions affecting the legal description, utilizing 122 plat book pages. TSS Order Number T07-F08 TSS File Number SX-7930 (Ord. No. 2008-09, § 2, 5-27-08) App. A Ordinances Anne~ng Property to the City Ord. No. Date Ord. No. Date 2000-08 4-10-00 2003-18 6-23-03 2000-22 8-14-00 2003-27 7-28-03 2000-24 8-14-00 2003-42 1-12-04 2000-33 11-13-00 2004-09 2- 9-04 2000-36 11-27-00 2004-15 5-24-04 2000-40 11-27-00 2004-18 5-24-04 2000-41 11-27-00 2004-21 5-24-04 2001-0 l 1-22-01 2004-39 10-25-04 2001-03 1-22-01 2004-46 12-13-04 2001-34 6-11-01 2004-48 10-25-04 2002-03 5-13-02 2005-19 6-27-05 2002-26 11-25-02 2007-O1 2-26-07 Editor's note- The above list of ordinances anne~ng property to the city begins with Ord. No. 2000-08, adopted Apr. lo, 2000. [The next page is 67] Supp. No. 12 21