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HomeMy WebLinkAbout2001 08 13 Public Hearings B Second Reading - Ordinance 2001-44 Revisions to City Charter COMMISSION AGENDA ITEM B Consent Informational Public Hearings X Regular August 13, 2001 Regular Meeting ~~\Ol Mgr. It'i Dept. Authorization REQUEST: City Attorney is requesting that the City Commission conduct a Second Reading and Public Hearing for Ordinance 2001-44 dealing with revisions to the City Charter. PURPOSE: The City Attorney is requesting that the City Commission conduct a Second Reading and Public Hearing for Ordinance 2001-44, which deals with revisions to the City Charter, which will come before the voting public in a Referendum on September 4,2001. CONSIDERATIONS: On August 28th, 2000, during the Regular Meeting of the City Commission, Resolution 2000-27 was adopted. This Resolution set forth the requirements for the establishment of a Charter Review Advisory Committee. CITY OF WINTER SPRINGS REGULAR MEETING - AUGUST 13. 2001 PUBLIC HEARINGS AGENDA ITEM "B" PAGE20F3 At the September 11, 2001 Regular Meeting of the City Commission, appointments were made to the Charter Review Advisory Committee. The individuals named to this Committee were: Mr. Frank Adams, (due to personal reasons, Frank Adams was unable to serve, however, with consensus of the Commission, his wife Jacqueline Adams replaced him.) The Honorable Thomas Freeman; Mr. Donald Gilmore; Ms. Sally McGinnis; Mr. Robert Ori; and Mr. William Reischmann, Esquire. Meetings of the Charter Review Advisory Committee were held commencing on September 26, 2000. Members of the Committee were assisted by Ms. Marilyn E. Crotty, from the Institute of Government, who served in the capacity of Mediator/Project Coordinator. Additionally, the Commission approved the consulting services of Mr. Jim Burgess as lead consultant for the project. Another consultant assisting with this project was Mr. Howard Tipton. The last Charter Review Advisory Committee Meeting was held on January 10,2001. The Charter Review Advisory Committee then presented their proposed Amendments to the Charter, at the January 18, 2001 Special Meeting of the City Commission. The City Commission then held a Workshop on February 22,2001 on the Charter. A second Workshop on the City Charter was scheduled to be held on August 1, 2001; however, due to a preliminary deadline for the September 4, 2001 Seminole County Special Election, the City Commission held a final Workshop on June 18,2001. The final revisions to the Charter were approved at the June 25, 2001 Regular Meeting of the City Commission. The first Reading of Ordinance 2001-44 was heard and approved on July 9, 2001. The Second Reading and Public Hearing of Ordinance 2001-44 will be required to be approved, prior to the Referendum (on the proposed Charter revisions) which the City Commission has approved to be held on September 4, 2001, in conjunction with Seminole County's Special Election. CITY OF WINTER SPRINGS REGULAR MEETING - AUGUST 13,2001 PUBLIC HEARINGS AGENDA ITEM "B" PAGE 3 OF 3 FUNDING: None required. RECOMMENDATIONS: It is recommended that the City Commission approve Ordinance Number 2001-44. ATTACHMENTS: A. An excerpt from the July 9,2001 Minutes. B. Ordinance 2001-44. COMMISSION ACTION: ATTACHMENT "A" CITY OF WINTER SPRJNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9, 2001 PAGE 18 OF 24 VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka departed at 11:35 p.m. Deputy Mayor McLeod then took over the Meeting. REGULAR G. Office Of The City Manager Requesting The Commission To Approve Ballot Language For The September 4, 2001 Referendum, Question An Approval Of The Proposed Revisions Of The City Charter. "I'D LIKE TO MAKE A MOTION TO READ ORDINANCE 2001-44 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2001-44 by "Title" only and spoke of some revisions: "If you'll turn to page three (3) of five (5) of the Ordinance, that's the essence of the Ordinance and the proposed Referendum. The other provisions of this Ordinance are simply technical requirements, that call the Referendum on September 4th, 2001." Regarding the wording, Commissioner Blake suggested using "City Manager, Clerk and Attorney." Commissioner Gennell suggested, "Requirements for City Budget, Capital Program and Citizen Initiative." Manager McLemore and Attorney Garganese both agreed that the moving of the word "and" would work. Deputy Mayor McLeod stated that his name was spelled incorrectly and asked that it be corrected. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9, 2001 PAGE 190F24 "I'D LIKE TO MAKE A MOTION TO MOVE ORDINANCE 2001-44 TO A SECOND READING AND PUBLIC HEARING ON JULY 23RD, 2001 AND DIRECT THE CITY ATTORNEY TO DELIVER THE CHARTER QUESTION LANGUAGE TO THE SUPERVISOR OF ELECTIONS AS CONTAINED IN THE ORDINANCE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. A Proclamation calling the Special Election on September 4, 2001, was read into the record by Deputy Mayor McLeod. (See Attachment "A.") .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS LISTED ON THE AGENDA AS CONSENT AGENDA ITEM "G," BUT WAS MOVED TO THE REGULAR AGENDA. .:. .:. Office Of The City Attorney Requesting That The City Commission Consider The City Manager's Request That A Resolution Be Submitted To The Florida League Of Cities Resolutions Committee Regarding When A Governmental Entity Is Subject To The Terms Of A Joint Planning Agreement. Attorney Garganese introduced the proposed Resolution. Brief discussion. "I MAKE A MOTION TO APPROVE RESOLUTION 2001-29." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. ATTACHMENT "B " ORDINANCE NO. 2001-44 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE SEPTEMBER 4,2001 SPECIAL ELECTION, OR SUCH OTHER DATE AS MAYBE AUTHORIZED BY LAW, FOR PURPOSES OF PROPOSING THE ADOPTION OF A REVISED CITY CHARTER; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR NOTICE OF THE REFERENDUM ELECTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution 2000-27, attached hereto as Exhibit "A," the City Commission of Winter Springs established a comprehensive public review process of the existing City Charter; and WHEREAS, the Charter review process was designed to effectuate a comprehensive review, and update of the City of Winter Springs City Charter in light of the Model City Charter, Seventh Edition, published by the National Civic League; and WHEREAS, the Charter review process was also designed to provide an open, objective, and deliberative process during which ample opportunity was provided for the public to participate in a comprehensive study of any and all phases of City government; and WHEREAS, the City Commission convened this comprehensive study of the City Charter to avoid piecemeal changes to the City's organic law, an option which the City Commission found as essential to the proper and orderly function of government; and WHEREAS, as part of the review process, the City Commission appointed a Charter Review Advisory Committee consisting of six City of Winter Springs residents: Jacqueline Adams, Judge Thomas Freeman, Donald Gilmore, Sally McGinnis, Robert Ori and William Reischmann; and WHEREAS, the Charter Review Advisory Committee was assigned the task of making a recommendation to the City Commission as to whether the existing City Charter should be revised; and WHEREAS, the City Commission also appointed several technical advisors consisting of the City Manager, City Attorney, Project Coordinator, Marilyn Crotty, Florida Institute of City of Winter Springs Ordinance No. 2001-44 Page 1 of 5 Government at the University of Central Florida, and James V. Burgess, Jr., Attorney-at-Law who proffered their expertise and recommendations during the entire Charter review process; and WHEREAS, after conducting numerous public meetings, at which the pros and cons of the existing City Charter were debated and various Charter amendment proposals from citizens, committee members, and advisors were considered, the Charter Review Advisory Committee recommended a revised City Charter to the City Commission; and WHEREAS, the City Commission then conducted numerous public meetings, at which the City Commission considered the input, recommendations, and advice of the Charter Review Advisory Committee, technical advisors, and the citizens of Winter Springs and cori~idered the pros and cons of the existing City Charter; and WHEREAS, as a result of the input, recommendations, and advice received during the Charter Review Process and after careful deliberation and consideration, the City Commission finds that it is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs to propose a comprehensive revision of the Winter Springs City Charter in accordance with Article X of the Winter Springs City Charter and Section 166.031, Florida Statutes; and WHEREAS, the City Commission finds that the proposed referendum ballot question should be submitted to the City electorate for its consideration and final approval or disapproval. NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS BY ENACTMENT OF THE CITY COMMISSION, AS FOLLOWS: Section 1. REFERENDUM ELECTION. A referendum election is hereby called and scheduled to be held concurrent with the special Seminole County election on the 4th day of September, 2001, or such other date as may be authorized by law, to detennine whether the ballot question appearing in Section 2 hereof shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Each question shall be voted on separately and approved or disapproved based on its own merit. Such referendum election shall be held and conducted in the manner prescribed by law. The places for voting in such referendum election shall be such locations as shall otherwise be established for the special election on September 4th, 2001 or such other date as may be authorized by law. All duly qualified electors of the City of Winter Springs shall be entitled to participate in said election. Section 2. ADOPTION OF A REVISED CITY CHARTER. (a) Proposed Revised City Charter. It is proposed that the electorate of the City of Winter Springs approve a revised City Charter which, if approved, will take the place of the existing City Charter and constitute the new City Charter of the City of Winter Springs. The proposed revised City Charter City of Winter Springs Ordinance No. 2001-44 Page 2 of 5 is attached hereto as Exhibit "B," and is fully incorporated herein by this reference. (underlined text is an addition to the existing text of the City Charter; strik-cout text is a deletion from the existing text of the City Charter): (b) Ballot Question. Concurrent with the special election scheduled for September 4th, 2001, the following question shall be placed on the ballot by the Seminole County Supervisor of Elections. CITY OF WINTER SPRINGS REVISED CITY CHARTER Shall the City Charter be revised per Ordinance 2001-44 to provide, among other things, Mayor/Commission elections during Florida gubernatorial and presidential elections, define term limits as three consecutive full terms of office, a ceremonial Mayor who presides at Commission meetings, appointment and removal of City Manager, City Clerk, and City Attorney by a vote of not less than four Commissioners, requirements for City budget, Capital Program, and citizen initiative for Charter Amendments? Yes, for Revised City Charter No, against Revised City Charter Section 3. COORDINATION WITH SUPERVISOR OF ELECTIONS. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Seminole County to include the above-described question on the ballot concurrent with the special election to be held on September 4th, 2001. Section 4. NOTICE OF REFERENDUM ELECTION. General notice shall be first published at least thirty (30) days prior to the September 4th, 2001 special election. The publication of said notice shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the election is held, in the manner provided in Section 100.342, Florida Statutes, and substantially in the form attached hereto as Exhibit "C" or as otherwise lawfully provided. Section 5. PAYMENT OF REFERENDUM EXPENSES. The City Manager is hereby authorized and directed to approve the payment of lawful expenses associated with conducting the City Charter referendum election. Section 6. VOTER REGISTRATION BOOKS. The Supervisor of Elections for Seminole County is hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes are to be cast in such City Charter referendum, applicable portions of the City of Winter Springs Ordinance No. 2001-44 Page 3 of 5 registration books or certified copies thereof showing the names of the qualified electors residing in the City of Winter Springs. Section 7. ELECTION ADMINISTRATION. The City Charter referendum shall be held and conducted in the manner prescribed by law and shall be as soon as practicable, be returned and canvassed in the manner prescribed by law. The result shall show the number of qualified electors who voted at such Charter referendum and the number of votes cast respectively for and against approval of the City Charter. Upon certification in the manner prescribed by law, the results shall be recorded in the minutes of the City Commission of the City of Winter Springs. Section 8. SEVERABILITY. Should any section or provision of this Ordinance, or any portion hereof, . any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 9. EFFECTIVE DATE. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, however, the ballot proposal in Section 2 shall only become effective, independent of any other ballot proposal, if a majority of the registered electors of the City of Winter Springs, Florida, who vote at the special election on September 4th, 2001, approve the specific ballot question set forth in Section 2 of this Ordinance. The City Clerk is directed upon adoption of the revised Charter to promptly file the revised Charter therein with the State of Florida, Department of State, as required by Section 166.031, Florida Statutes. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 13th day of August , 2001. \(\~ /~)J PAUL P. PARTYKA, ~r:; -<I I'---- NZO-LUACES City of Winter Springs Ordinance No. 2001-44 Page 4 of 5 TO LEGAL FORM AND SUFFICIENCY WINTER SPRINGS ONLY. ~ ANTHONY A. GARGANESE City Attorney First Reading: July 9, 2001 Second Reading: August 13,2001 Effective Date of Ordinance: See See tion 9. referendum election ballot language.kj City of Winter Springs Ordinance No. 2001-44 Page 5 of 5 RESOLUTION 2000-27 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CHARTER REVIEW ADVISORY COMMITTEE, SETTING OUT RESPONSIBILITIES, AND REPORTING REQUIREMENTS. WHEREAS, in 1981 the Charter of the City of Winter Springs, Florida was adopted by referendum, and WHEREAS, the Charter has from time to time been amended, and WHEREAS, there are certain provisions of the Chalier that have been challenged relative to interpretation of its provision, and WHEREAS, there has been an expression of interest among City Officials and members of the public for a review and modernization of the Charter, and WHEREAS, as 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, the seventh edition of the "Model City Charter" as updated and published by the National Civic League in February 1989, is the most current template for City Charters, and WHEREAS, the Winter Springs City Charter has not been reviewed for consistency with the current "Model City Charter", and WHEREAS, it is the desire of the Winter Springs City Commission to have the current Winter Springs City Charter reviewed for consistency with the current "Model City Charter", and WHEREAS, the Winter Springs City Commission desires to provide an open, objective, and deliberative process to provide ample opportunity for the public to participate in the City Charter amendment process. NOW, THEREFORE, BE IT RESOLVED ~Y THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, AS FOLLOWS: EXHIBIT I ~A " cfl. 00 I - tj l.f Section I. Committee: There is hereby established the City of Winter Springs Chal1er Review Advisory Committee, which shall be an ad-hoc committee composed of six members, appointed one each by the Mayor and City Commission. The members shall serve for the duration of the Committee as provided herein. Section II: Committee Responsibilities: The Committee shall have the responsibility for working with the technical resource team reviewing the City's existing City Charter and providing recommendations to the City Commission for modemizing the existing City Charter in order to be consistent with the seventh edition of the "Model City Charter" published by the National Civic League. In their review the Committee shall not make recommendations relative to changing the current form of govemment from the Commission- Manager form, but shall detern1ine what changes need to be made, if any, to make the City's current form of Commission-Manager government consistent with the provisions provided for in the seventh edition of the "Model City Charter" published by the National Civic League. All meetings of the Committee shall be open to the public as provided by Florida Law. Section Ill. Technical Resource Team: There is hereby established the Technical Resource Team which shall be made up of three highly competent professional members whose area of expertise and experience include local government charters, codes and administration. Technical Resource Team Responsibilitv: The responsibility of the Technical Resource Team shall be to review the current Charter, to review public input, to assist the Citizens Advisory Committee in analysis of the Charter and public input and formulating Charter Amendment recommendations, to publish recommendations for updating the Charter consistent with the seventh edition of the "Model City Charter", and publish on behalf of the Charter Committee a final report to the City Commission. In addition, the Technical Resource Committee shall publish an exception report with the City Commission highlighting any recommendations. of the Charter Review Committee which in its professional judgement are not consistent with the seventh edition of the "Model City Charter" or may not be in the direct best interest of the citizens of Winter Springs. Proiect Coordinator: The City Commission shall contract with the Institute of Government at the University of Cent Tal Florida to coordinate the Charter Review process on behalf of the City of Winter Springs. Duration of Proiect: The Charter Review Committee shall present its final report and recommendations to the City Commission no later than the first meeting in February of 200 I, which is the meeting of February 12, 2001. Page 2 of 4 Organizational Chart PUBLIC Commission Project Liaisons Ci ty Manager City Attorney Project Coordinator Technical Charter Resource Review Committee Advisory Committee Ma yor Process: The Charter review process shall be as follows: I. Adoption of Resolution II. Agreement with CFU III. Employment of Technical Team IV. Appointment of Citizen Committee V. Session 1- Full Project TeamlPublic Meeting a) Technical Team Meeting b) Project Team Orientation c) Public Meeting 1) Overview of Process 2) Public Input 3) Call for Position Papers d) Project Team Debriefing VI. Session 2 - Full Project Team a) Project Team Meeting b) Review of Draft 1 c) Consensus on Provision Alternatives VII. Session 3 - Full Project Team/Public Meeting a) Project Team Review of 2nd Draft b) Public Meeting on Second Draft c) Project Team Debriefing Page 3or4 VIII. Session 4 - Project Team/Public Meeting a) Presentation of Final Report to Mayor andCommission b) Public Input c) Commission Direction to staff. d) Chal"ter Amendment Referendum Ordinance _' First Reading e) Charter Amendment Referendum Ordinance _' Second Reading IX. Public Workshop I. Tuscawilla 2. Oak Forest/Hacienda 3. Highlands 4. Any Other Locations Required By The City Commission X. Referendum ADOPTED by the City Commission of the City of Winter Spling3. Florida, in a regular meeting assembled on the 28th day of Augus t .,.2000. Paul P. Partyka, May r A TrEST: ,. '('\ i ( ,', J '- ~_.! \.j\.. '-_ L~J- ( ~ ---.-- ..- Andrea Lore~zo~tuaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY rFOR.TI-L -fITY OF WfNTER SPRINGS ONLY: ", rt. "If. \ :7 ,/j, . ./ __ /t !-2./ ,/ -- - ,. Anthony A. Garganese, Cit Attorney Page 4 of 4 REVISED CHARTER CITY OF WINTER SPRINGS, FLORIDA Red Line Vel sion Mayor and Commissioners City of Winter Springs, Florida Mayor Paul Partyka Commissioner Michael Blake Commissioner Cindy Genell Commissioner David McLeod Commissioner Edward Martinez Commissioner Bob Miller Ronald! W. McLemore, City Manager Anthony A. Garganese, City Attorney Charter Review Advisory Committee Ms. Jacqueline Adams The Honorable Thomas Freeman Mr. Donald Gilmore Ms. Sally McGinnis Mr. Robert Ori Mr. William Reischmann Staff Assistance Provided by Florida Institute of Government University of Central Florida Orlando, Florida Legal Consultant James V. Burgess, Jr., PC Attorney at Law P.O. Box 785 Social Circle, GA 30025 EXHIBIT I~ ClCOI-l.jq 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. Editorial 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 Charter of 1972. 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 p'roperty which is contiguous, reasonably compact and unincorporated, 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 Section 4.01. Composition; qualification of members; and commission districts. (a) Composition. There shall be a city commission of five voters of the city at large. each city commission member shall reside in a designated geographical district, which districts shall contain as equal a number in population as practicable. There shall be a governing body composed of the mayor and five (5) commission members elected by the voters of the city as provided in this Charter for a tern1 of four (4) years commencing Page 1 of 23 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 Section 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 may be amended from time to time. (Ord. No. 494, 91, 8-13-90) Note--See the editor's note following 94.02. Section 4.02. Commission districts; adjustment of districts. (a) Number of districts. The city commission of the City of Winter Springs, Florida, shall by separate ordinance divide the city into five (5) geographical commission districts. (b) Districting commission. By the first day of February, 1991, the first day of February, 1992, and every three (3) years thereafter, the city commission shall appoint seven (7) city electors determined from the registration of the last regular election, one (1) to be appointed by each commissioner from his/her respective district, and two (2) appointed by the mayor from the city at large, who shall comprise the districting commission. Electors chosen shall not be employed by the city in any other capacity. The initial districting commission, creating and establishing the first commission districts, shall be appointed by each commissioner and the mayor from the city at large. (c) Report; specifications. The districting commiSSion shall file with the official designated by the city commission a report containing a recommended plan for establishment or adjustment of the commission district boundaries. The initial districting commission, creating and establishing the first commission districts, shall file such report within ninety (90) days of appointment. Thereafter, such reports shall be filed within one hundred twenty (120) days of appointment to the districting commission. The commission district boundaries shall comply with the following specifications: (1) Each district shall be formed of compact, contiguous territory, and its boundary lines shall follow the center lines of streets insofar as practical or possible, or other boundaries available. (2) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed Page 2 of 23 with the designated official, the report shall be treated as an ordinance introduced by a commissioner. (d) Support. It shall be the responsibility of the city manager to provide staff assistance and technical data to the districting commission. (e) Procedure. The procedure for the city commission's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinances is published pursuant to this Charter and general law, it must include both the map and a description of the recommended districts. (f) Failure to enact ordinance. The city commission shall adopt the redistricting ordinance at least one hundred twenty (120) days before the next city election. If the city commission fails to either accept or reject the redistricting ordinance, the report of the districting commission shall go into effect and have the same effect of an ordinance. The proposed redistricting ordinance may not be rejected for any reason except for failure to comply with the specifications listed in section 4.02(c) of this Charter or failure to comply with other local, state or federal law. (g) Effect of enactment. The new commission districts and boundaries as of the date of enactment shall supersede previous commission districts and boundaries for all purposes; provided all incumbent commissioners shall continue to hold office for the entire term to which elected notwithstanding any change in commission district and boundaries. (Ord. No. 494, ~ 1,8-13-90) Editor's note--Ord. No. 494, ~ 1, adopted Aug. 13. 1990, provided for the amendment of Char. ~~ 4.01 and 4.02 to read as herein set out. Such amendments were approved by the voters at an election held Nov. 6, 1990. Section 4.03. Election and terms. (a) The regular election of mayor and commissioners shall be held on the first Tuesday follm1v'ing the first Monday in the month of November of each year an election is held. at the time provided for in Section 8.01 of this Charter. All elections shall be for three 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 designated as seats one, two, three, four and five. The commissioners elected to serve on the city commission of the City of Winter Gprings, florida, shall serve as the first city commission until the first election under this Charter. (c) Those commissioners and mayor elected simultaneously 'vv'ith the referendum election held pursuant to Gection 166.031, rlorida Gtatutes at which this Charter provision 'v'v'as approved by the electorate shall serve as commissioners and mayor for a three-year term; at the first election held under this Charter the remainder of the previously elected two year term-pesitions shall be for three (3) years. Page 3 of 23 (c) All commissioners and the mayor shall be limited to three (3) terms, to be served consecutively. The mayor shall be limited to three (3) consecutive full terms of office. Commission members 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 (I) 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) consecutive full terms of office as mayor from qualifying 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 annual salary of mayor and commissioners by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of mayor and commissioners elected at the next regular election, provided that such election follows the adoption of such ordinance 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 performance of their duties of office and said reimbursement for expenses shall be established by resolution. Section 4.05. Mayor. The mayor shall act and serve as chairman of the city commission, shall be the chief executive officer of the city, shall preside at its meetings, shall be recognized as head of the city government for all ceremonial purposes and be the governor for purposes of military law. Additionally, the mayor shall have the responsibility of the administrative duties of the city manager in the e'.;ent the city commission does not appoint a city manager, unless othervvise provided in this charter. The 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 unexpired term, or until the first municipal election after the vacancy occurs, 'vvhichever shall occur first. If a municipal election is held prior to the expiration of a mayor's term of office, the electors of the city shall elect a new mayor to fulfill the remaining unexpired term of office-:- 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, represent the city in intergovernmental relationships. present an annual State of the City Message. 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 Page 4 of 23 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 commission, 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 four-fifths (4-f57 the affirmative vote of not less than four (4) of the city 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. Section 4.07. Prohibitions; holding other office. except vvhere authorized by law, no commissioner shall hold any other city office or city employment during the term for which he was elected to the commission. (a) Holding other office. Except where authorized by law, neither the mayor nor any commission 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 Sprinqs 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. Nothing in this section shall be construed to prohibit the mayor or any commission member from selectinq any current or former mayor or any current or former commission member to represent the city on the qoverninq board of any reqional or other intergovernmental aqency, or to prohibit any former mayor or commission member from serving as a member of city advisory boards and commissions. (b) Appointments and Removals. Neither the mayor nor any commission member shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate of the city manaqer is empowered to appoint, but the commission may express its views and fully and freely discuss with the city manaqer anythinq pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquires and investiqations under section 4.11, the mayor and city commission shall not give orders to city officers and employees who are subiect to the direction and supervision of the city manaqer, either publicly or privately, provided this prohibition shall not be construed so as to prevent the mayor and commission members from communicating with the Page 5 of 23 various officers and employees of the city, as in the case of any other citizen of the city. Section 4.08. Vacancies; forfeitures of office; filling of vacancies. (a) Vacancies. The office of the commissionef or mayor shall become vacant upon his death, resignation, removal from office in any manner 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 office. 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 Charter or by law; or (2) Knowingly and willfully violates any express prohibition of this Charter; or (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive regular meetings of the commission without being duly excused by the commission. (c) Filling of vacancies. A vacancy in tfte-.e...commission member's seat shall be filled until the next regular election to be held for the office of by-the commissioner from that seat Qy e-rra majority vote of all its remaining members. Section 4.09. Judge of qualifications. The commission shall be the judge of the election 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 evidence. A member charged with conduct constituting 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 newspapers 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. The mayor shall appoint an officer of the city who shall have the title of city clerk and who shall be approved by the city commission. T-he city clerk shall gi'v'e notice of commission meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to him by this Charter Of by the commission. (a) The city commission, after receiving a nomination from either the mayor or a commission member(s) shall. bv a vote of not less than four (4) commission members, appoint an officer Page 6 of 23 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 iournal 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 hundred 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 independent 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 requirement of this section. Section 4.13. Procedure. (a) Meetings. The commission shall meet regularly 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. (b) Rules and journal. The commission shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. (c) Voting. Voting, except on procedural matters, shall be by roll call and the ayes and nays shall be recorded in the journal. Three (3) members of the commission shall constitute a quorum but a smaller number may compel the attendance of absent members in the mannef and subject to the penalties prescribed by the rules of the commission. No action of the commission shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the commission. Page 7 of 23 Section 4.14. Actions requiring an ordinance. In addition to other acts fequired 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 department, 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 imposed; (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 utilitY1 except telephone and telegraph companies and public utilities regulated by the Florida Public Service Commission; (6) Conveyor lease or authorize the conveyance or lease of any land of the city; (7) Adopt without amendment ordinances proposed under the initiative power; and (8) Amend or repeal any ordinance previously adopted, except as otherwise provided in Article IX with respect to repeal of ordinances reconsidered under the referendum 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 introduced 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 may be 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 may be waived by a unanimous vote of all five (5) members of the commission. All ordinances shall be posted in the city hall for thirty (30) days after their first reading. Page 8 of 23 (d) 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 commission may appoint a city manager for an indefinite term and fix his compensation. The manager shall be appointed solely on the basis of his executive and administrativ'e qualifications. In the event the commission does not appoint a city manager, the administrative duties of the manager shall be the responsibility of the mayor unless othervvise provided in this Charter. 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 appointed solely on the basis of executive and administrative qualifications and shall serve at the pleasure of the commission. Section 5.02. Removal. ftte--eommission may remo'v'e the city manager by motion of the city commission requiring f'Our (4) affirmative votes; the city manager shall receive thirty (30) days' severance pay in all such cases. The commission may remove the city manager by a motion of the commission requiring not less than four (4) affirmative votes of its members. Section 5.03. Powers and duties of the city manager. The city manager shall be the chief administrative 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 administrative officer who is subject to his direction and supervision to exercise these Page 9 of 23 powers with respect to subordinates in that officer's department, office or agency. (2) He shall direct and supervise the administration 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 officers subject to his direction and supervision are faithfully executed. (5) He shall prepare and submit the annual budget and capital program to the commission. (6) He shall submit to the commission and make available to the public a complete report on the finances and administrative activities of the city at the end of each fiscal year. (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. (8) He shall keep the commission fully advised as to the financial condition and future needs of the city and make such recommendations to the commission concerning 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 required by the commission. Section 5.04. Acting city manager. By letter filed with the commission, the manager 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 establish. The commission may establish city departments, officers or agencies in addition to those created by this Charter and may prescribe the functions of all departments and agencies. Page 10 of 23 Section 6.02. City attorney. Thefe shall be a city attorney appointed by the mayor and approved by the city e0fnrffiss-iem-;-who shall represent the city-ifr-att--1e9at-p1'0eeedings and shall perform all e>ther duties assigned to him by the city COn'tffltsStt)ft:- (a) The city commission, after receiving a nomination 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 proceedings and shall perform such duties as provided by this Charter, by the commission, or by law. (b) The city attorney may be 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 budget 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. The budget shall provide the complete financial plan of all city funds and activities for the ensuing fiscal year. 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 Charter, shall be in such form as the city manager deems desirable or the commission may require. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections: (l) The proposed goals and obiectives and expenditures for current operations during 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 Page 11 of 23 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 operated by the city. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance, exclusive of reserves. Section 7.04. Capital Program. (a) Submission to commission. The city manager 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 include: (I) A clear general summary of its contents; (2) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the current 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 capital expenditure is to be reliant; and (5) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. Section 7.05. Commission action on budget. fa} f'v(otice and hearing. The commission shall publish in one or more newspapers 'vvith a general circulation in the city, the general summary of the budget and a notice stating: (1) The times and places vvhere copies of the message and budget are available for inspection by the public; and (2) The time and place, but not less than t'vv'O (2) .veeks after such publication for a public hearing on the budget. (b) Amendments before adoption. After the public hearing the commission may adopt the budget with or without amendment. In amending the budget, it may add or increase programs Of amounts and may delete or decrease any program or amounts, except expenditures required for debt service or for estimating cash deficit, provided that no amendment to the budget shall increase expenditures to an amount greater than the total of estimated income. (c) Adoption. The commtss-iem--stTatf-aeJept the budget on or before the fifteenth day of September of each year. (d) except as other-ttise provided by state iaw. Editor's note--Subsection 7.04(d), as ratified by referendum on Nov. 3, 1981, contained no text. Page 12 of 23 Approval of the annual city budget shall be by resolution duly adopted by the commission, after a public hearing, in accordance with the provisions 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 appropriations for the year up to the amount of such excess. (b) Emergency appropriations. To meet a public emergency affecting life, health, property, or the public peace the commission may make emergency appropriations. To the extent that there are no available un-appropriated revenues to meet such appropfiations, 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 emergency 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 recommendations as to any other steps to be taken. The commission shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one or more appropriations. (d) Transfer of appropriations. At any time during the fiscal year the city manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency, and, upon written request by the city manager, the commission may by ordinance transfer part or all of any unencumbered appropriation balance from one department, office or agency to another. (e) Limitations; effective date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amounts required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. ARTICLE VIII. NOMINATIONS AND ELECTIONS Section 8.01. The city elections. Page 13 of 23 The fegular city elections shall be held on the first Tuesday fOllo'vVing the first Monday in the month of November of each year an election is held. 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 elections 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 prescribed 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. 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 relating 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 extend to the budget or capital program, or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. Section 9.02. Commencement of proceedings; petitioners' committee; affidavit. 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' Page 14 of 23 committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk shall issue the appropriate petition blanks to the petitioners' committee within thirty (30) calendar days. Section 9.03. Petitions. (a) Number of signatures. Initiative and referendum 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 qualified 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 siqned. 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 petition shall have attached to it when filed an affidavit executed by the circulator thereof stating 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 persons['] 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. Referendum 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 sufficiency, specifying, if it is insufficient, the particulars 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 petitioners' committee files a notice of intention to amend it with the clerk within two (2) days after receiving 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 Page 15 of 23 petition shall comply with the requirements of subsections (b) and (c) of Section 9.03 and within five (5) days 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' committee 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 certificate 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' committee 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 commission. 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 determination as to the sufficiency of a petition shall be subject to court review. A determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. Section 9.05. Referendum petitions; suspension 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 suspension shall terminate when: (1) There is a final determination of sufficiency 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 determined sufficient, the commission shall properly consider the proposed initiative ordinance in the manner provided in Article IV, 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 substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days of the date the ordinance was finally determined sufficient, it shall submit the Page 16 of 23 proposed referred ordinance 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 thirty (30) 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 commission shall provide for a special election; otherwise, 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 election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. (c) Withdrawal of petition. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled 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 commission. 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. (b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification 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 circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. Page 17 of 23 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 proprietary powers to enable the city to conduct municipal government, perform municipal functions and render municipal services and may exercise any power for municipal purposes except when expressly prohibited by law. ARTICLE XIII. 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. 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 Charter. (a) The first election to be held under this Charter shall be for the purpose of electing persons to fill the offices of mayor and of the two commission members from seats designated as two and four respectively under the former Charter and as commission seats two and four under this Charter. and whose terms expire in the year 2002. This first election shall be held at the time provided for in Section 8.0 I 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 qualified. (b) The second election to be held under this Charter shall be for the purpose of electing persons to fill the offices of those commissioners from seats designated as one, three and five respectively under the former Charter and as commission seats one. three, and five under this Charter and whose terms expire in the year 2003. but which terms are hereby extended for a period of one year to the year 2004. Said second Page 18 of 23 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 designated as numbers one, three, and five respectively under this Charter. The commission members elected at this election shall serve for terms of four (4) years and until their successors have been elected and qualified. APPENDlX A TERRITORIAL BOUNDARIES The territorial boundaries of the City of Winter Springs, Florida, shall be: All those certain parcels of land lying and being in Seminole County, Florida, more particularly described as follows: Within D. R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, Lots 26 and 28 of Block B; also, Lots 13, 14, 15, 19, 20, and 23 of Block C, also, all of the unplatted part of the Levy Grant lying north of Lot 19, Block C; also, Lots 12, 13, 14, 15, and Lots 26 to 54 inclusive in Block 0, and that part of Lot 56, Block D, lying north of Longwood-Wagner Road, less the east 300 feet thereof, and Lot 55, Block D; also, all of Lots 59 to 94 inclusive, the east 1/2 of Lot 95, Lots 99 to 107 inclusive, the east1/4 of Lot 108, 10 acres square in the northwest corner of Lot 110, Lots 111 to 115 inclusive, Lots 119 to 123, inclusive, Lots 127 and 128, and all of that part of Lots 129, 139, and 131 not heretofore conveyed to Seminole Driving Park, and all of Lots 135, 136, 143 and 144, all in Block D of said D. R. Mitchell's Survey of the Levy Grant; also, a tract of land described as follows: Begin at the intersection of the east line of Lot 99, Block 0 with the north line of the lands of Micon and LeHardy; thence run southeasterly along the north line of the lands of Micon and LeHardy approximately 2,400 feet to the southerly extension of the west line of Tuscawilla; thence run north along southerly extension of the west line and along the west line of Tuscawilla to the northwest corner of Tuscawilla; thence easterly along north line of Tuscawilla to the west side of a road running north and south between Lots 7, 8, 9 and 10 of Tuscawilla; thence northwesterly along the west side of said road to the southeast corner of Lot 36, Block 0; thence run westerly along south lines of Lots 36 and 37, Block 0 to the northeast corner of Lot 61, Block 0; thence westerly along the south line of Lots 74, 75, 76 and 77, Block D to the northeast corner of Lot 99, Block 0; thence southerly along the east line of Lot 99, Block D to the point of beginning. Within Entzminger Farms, Addition No.2, as recorded in Plat Book 5, Page 9, of the Public Records of Seminole County, Florida, Lots 26 and 29, Lots 33 to 40 inclusive, Lots 43 to 51 inclusive, and Lots 56 to 61 inclusive. In Gardena Farms, according to the plat recorded in Plat Book 6, Pages 23 and 24 of the Public Records of Seminole County, Florida, the south 250 feet of Block 3 and all of Blocks 4 to 100 inclusive. All of Gardena Farms Townsites as recorded in Plat Book 6, Page 39, of the Public Records of Seminole County, Florida, less and except Lots 1, 2, and 3 in Block 2, also less the unplatted portion of Block 2 and Blocks Band C. In Chase and Company's Subdivision of Wagner, as recorded in Plat Book 6, Page 64 of the Public Records of Seminole County, all of Block E. Also, a track [tract] of land described Page 19 of 23 as follows: Begin 130 feet west and 151.8 feet north of the southeast corner of the northeast 1/4 of the southwest 1/4 of the southwest 1/4 of Section 22-20-30, run north 48?18'30" west 161.1 feet to the easterly right-of-way State Road 15- 600; thence north 41?41'31" east along said right-of-way 181 feet; thence south 257.8 feet to Beginning, and; parcel "A": Lots 17 and 18, Block B, Oak Grove Park, according to the plat thereof as recorded in Plat Book 7, Page 83, of the Public Records of Seminole County, Florida, less right-of-way for U.S.17/92and all that part of Lots 15 and 16 of said Block B, lying east of the west line of Lot 21, Block C, of D. R. Mitchell's Survey of the Levy Grant, according to the plat thereof, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida; also all that part of said Lot 21, Block C, of D. R. Mitchell's Survey of the Levy Grant, lying easterly of said Oak Grove Park and southerly of Shepard Road and lying northerly of a line described as follows: Begin at the northeast corner of Lot 12, Block B, of said Oak Grove Park; thence run south 86?35'15" east 1928.369 feet to a point on the easterly line of said Lot 21, Block C, D. R. Mitchell's Survey of the Levy Grant, said point being 1155.005 feet south 5?57'13" west from the southerly right-of-way line of Shepard Road, subject to Florida Power Corporation's 175-foot easement and containing exactly 50 acres. Parcel "B": Lot 12, Block B, Oak Grove Park, according to the plat thereof as recorded in Plat Book 7, Page 83 of the Public Records of Seminole County, Florida, less right-of-way for U.S. 17/92; and the north 385 feet of the east 225 feet of Lot 15, and Lot 24, less the east 25 feet of the south 200 feet thereof, of Entzminger Farms Addition No.3, according to the plat thereof, as recorded in Plat Book 6, Page 27, of the Public Records of Seminole County, Florida; also that part of Lot 21, Block C, D. R. Mitchell's Survey of the Levy Grant, according to the plat thereof as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, described as: Begin at the northeast corner of Lot 12, Block B, said Oak Grove Park; thence run south 4 ?44' west 1,063.719 feet to the southwest corner of said Lot 21; thence run north 83?21'25" east 1,950.789 feet to the southeast corner of said Lot 21; thence run north 5?57'13" east 722.942 feet to a point 1,155.005 feet south 5?57'13" west from the intersection of the East line of said Lot 21 with the southerly right-of-way line of Shepard Road; thence run north 86?35'15.5" west 1 ,928.369 feet to the point of beginning, subject to Florida Power Corporation's 175-foot easement and containing exactly 50.286 acres, less the following: Lot 12 and Lots 17 and 18 lying west of the northerly projection of the east property line of Lots 12 through 16, Block B, Oak Grove Park, as recorded in Plat Book 7, Page 83 of the Public Records of Seminole County, Florida, and; Begin at the southeast corner of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence north 85?00'OO" west along the south line of said Gardena Farms a distance of 5,479.23 feet to the westerly right-of-way line of the Tuscawilla-Gabriella Road; run thence north 04?24'22" east along said westerly right-of-way line a distance of 2,450.55 feet; thence leaving said westerly right-of-way line run south 84 ?50'15" east 1,120.89 feet; run thence north 04 ?04'15" east 1 ,969.15 feet; run thence north 85?05'45" west 418.47 feet to the westerly right-of-way line of the aforesaid Tuscawilla- Gabfiella Road; thence continue along said westerly right-of-way line run north 43?25'40" east 521.37 feet to the point of curvature of a curve concave Page 20 of 23 northwesterly having a radius of 1,612.02 feet, and a central angle of 20705'33"; run thence northeasterly along the arc of said curve a distance of 565.30 feet to the point of tangency; thence continuing along said westerly right-of-way run north 23720'07" east 3,903.29 feet to the point of curvature of a curve concave northwesterly having a radius of 2,839.79 feet and a central angle of 09714'37"; thence run northeasterly along the arc of said curve a distance of 458.15 feet to the point of tangency; thence continuing along said westerly right-of-way line, run north 14705'30" east a distance of 1,581.20 feet; thence leaving said westerly right-of-way run south 84751'30" east 1,368.08 feet; thence run south 05710'20" west 386.72 feet; run thence south 84 ?50'40" east 634.53 feet to a point on the southerly right-of-way line of Railroad Avenue; run thence along said southerly right-of-way line south 54756'40" east 633.59 feet to a point on the easterly right- of-way line of Gardena Avenue; run thence along said easterly right-of-way line north 22739'04" east 142.94 feet to a point on the southerly right-of-way line of Atlantic Seaboard Coastline Railroad; run thence along said southerly right-of- way line south 54733'05" east 587.22 feet; thence leaving said southerly railroad right-of-way run north 00711'11" east 937.80 feet to a point on the southerly right-of-way line of State Road No. 419; run thence the following courses along said southerly right-of-way line of State Road No. 419, north 88726'29" east 2,224.37 feet; thence run south 89758'56" east 3,686.53 feet; thence south 89721 '56" east 2,159.76 feet; thence leaving said southerly right-of-way line run south 00716'36" west 1,062.76 feet to the northeast corner of Section 8, Township 21 South, Range 31 East; thence run south 00725'38" east along the east section line of said Section 8 a distance of 798.62 feet; run thence north 82710'38" west 310.20 feet; run thence south 04734'12" west 1,143.12 feet; run thence north 89734'22" east 406.56 feet; run thence south 00725'38" east 745.20 feet; run thence south 89727'54" east a distance of 1 ,349.48 feet; run thence south 00709'56" west 1,326.01 feet; run thence north 89713'53" west 672.52 feet; run thence south 00700'36" west 980.83 feet; run thence north 89716'52" west 671.86 feet to a point on the east line of the aforesaid Section 8; run thence south 00701 '43" east along said east line of the aforesaid Section 8; run thence south 00701 '43" east along said east line of Section 8; 330.14 feet to the northeast corner of Section 17, Township 21 South, Range 31 East; run thence along the east line of said Section 17 south 00716'14" west 1,341.14 feet; thence leaYing said east section line run north 89715'33" west 4,004.99 feet; run thence south 00714'56" west 1,775.51 feet; run thence north 89703'43" west 1,415.02 feet; run thence north 00714'26" west 687.66 feet; run thence north 85714'00" west 602.10 feet; run thence south 87751'00" west 1,083.26 feet; run thence south 00715'09" east 2,167.87 feet; run thence north 84748'16" west 2,404.62 feet to the point of beginning; less that portion of Winter Springs as recorded in Plat Book 15, Pages 81 and 82 of the Public Records of Seminole County, Florida; also less, begin at the southeast corner of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24 of said Seminole County, Florida; run thence north 05709'50" east 33.00 feet; run thence north 85700'00" west parallel with the southerly line of said Gardena Farms, 4,502.35 feet; to a point of beginning; run thence further north 85?00'00" west 627.31 feet; thence run north 05700'00" east 225.00 feet; thence run north 84709'48" east 175.44 feet; thence run south Page 21 of 23 85700'00" east 455.00 feet; thence run south 05700'00" west 257.98 feet to the point of beginning; also less, begin at the southeast corner of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24 of the Public Records of Seminole County, Florida; run thence north 05709'50" east along the east line of said Gafdena Farms 7,160.06 feet to a point on the northerly right-of-way line of a Florida Power and Light easement as recorded in O.R. Book 183, Page 130; run thence north 85710'12" west along said northerly right-of-way line 2,513.71 feet to a point on the southerly right-of-way line of a Florida Power and Light easement as recorded in D.B. 193, Page 276, of said Seminole County; run thence south 1,098.64 feet; run thence north 85710'12" west 772.70 feet to the point of beginning; run thence north 04749'48" east 300.00 feet; run thence north 85710'12" west 675.80 feet to the easterly right-of-way line of the Tuscawilla- Gabriella Road; run thence south 23720'07" west along said easterly right-of-way line 316.36 feet; thence leaving said easterly right-of-way line run south 85710'12" east 776.20 feet to the point of beginning, containing 2,890.9140:1: acres. And also less, the south 33 feet of the aforesaid Gardena Farms Subdivision, and also less that part lying within existing North Orlando city limits, and begin at the northeast corner of Lot 6, Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence westerly along the north line of Lots 6 through 11 a distance of 3,851.40 feet to the northwest corner of Lot 11 of said Gardena Farms; run thence southerly along the westerly line of said Gardena Farms 6,623.75 feet; thence run westerly to a point 1,309.8 feet north and 198 feet east of the northwest corner of Section 13, Township 21 South, Range 30 East; thence run southerly 1,309.8 feet to a point 198 feet east of said northwest corner of Section 13, Township 21 South, Range 30 East; thence run easterly 906.5 feet; thence run north 19720' east 359.00 feet; thence run south 857 east 801.9 feet; thence run south 057 west to the westerly right-of-way line of the Tuscawilla-Gabriella Road; thence run northeasterly along the said westerly right-of-way line of the Tuscawilla-Gabriella Road to the point of beginning, and also Lots 1 and 2, Block A, D. R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, Seminole County Public Records, less all that part previously lying within the city limits of the Village of North Orlando, and also; Begin at the intersection of State Road 15 and 600 (U.S. 17/92) and State Road S-434 run south 89?02'30" east 4,005.18 feet to the P.C. of a curve concave to the north, having a radius of 2,864.93 feet, a central angle of 5730'30"; thence run northeasterly along said curve an arc length of 275.42 feet to the P.T. of said curve; thence run north 85727'00" east 3,709.58 feet to the P.C. of a curve concave northwesterly having a radius of 1,273.57 feet, a central angle of 18758'00"; thence run northeasterly along said curve an arc length of 421.48 feet to the P.T. of said curve; thence run north 66729'00" east 2,776.82 feet to the P.C. of a curve concave northwesterly having a radius of 1,637.28 feet, a central angle of 17704'00"; thence run northeasterly along said curve an arc length of 487.67 feet to the P.T. of said curve; thence run north 49725'00" east 70.24 feet to the P.C. of a curve concave southeasterly having a radius of 636.62 feet, a central angle of 27758'00"; thence run northeasterly along said curve an arc length of 310.74 feet to the P.T. of said curve, said point being the intersection of State Roads S-434 and 419, less Page 22 of 23 those parts lying within the City of Casselberry and the City of Longwood, Florida. Page 23 of 23 EXIllBIT "C" Ordinance No. 2001-44 NOTICE OF CITY OF WINTER SPRINGS REVISED CITY CHARTER REFERENDUM. Pursuant to the provision of Section 100.342, Florida Statutes, notice is hereby given that a revised City Charter referendum election to be held on September 4, 2001, or such other date as may be authorized by law, there shall be submitted to the citizens of Winter Springs the question described in Ordinance 2001-44, adopted by the City Commission of the City of Winter Springs, Florida, on the 23rd day of July, 2001. The title of the Ordinance is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE SEPTEMBER 4, 2001 SPECIAL ELECTION, OR SUCH OTHER DATE AS MAY BE AUTHORIZED BY LA W, FOR PURPOSES OF PROPOSING THE ADOPTION OF A REVISED CITY CHARTER; PROVIDING FOR COORDINA TION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR NOTICE OF THE REFERENDUM ELECTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The ballot caption and referendum question is as follows: CITY OF WINTER SPRINGS REVISED CITY CHARTER Shall the City Charter be revised per Ordinance 2001-44 to provide, among other things, Mayor/Commission elections during Florida gubernatorial and presidential elections, define term limits as three consecutive full terms of office, a ceremonial Mayor who presides at Commission meetings, appointment and removal of City Manager, City Clerk, and City Attorney by a vote of not less than four Commissioners, requirements for City budget, Capital Program, and citizen initiative for Charter Amendments? Yes, for Revised City Charter No, against Revised City Charter exhibit a to city charter. kj