HomeMy WebLinkAbout2002 08 12 Informational G Municipal Election
COMMISSION AGENDA
ITEM G
Consent
Informational X
Public Hearing
Regular
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August .V.. 2002
Regular Meeting
~- ck
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Mgr. / .. ept.
Authorization
REQUEST:
The City Clerk requests the City Commission review this Agenda Item for
information regarding some of the preliminary details and dates pertaining
to the November 5, 2002 Municipal Election, including the submittal of
Qualifying Packet documents.
PURPOSE:
The purpose of this Agenda Item is to inform the City Commission with
some of the details of the upcoming Municipal Election and to review
most of the forms that will become part of the City's Qualifying Packet.
CONSIDERA TIONS:
Following is information and several excerpts from the City of Winter
Springs' Charter and Code of Ordinances, pertaining to the upcoming
Election.
DATE OF MUNICIPAL ELECTION:
"The regular election of mayor and commissioners shall be held at the
time provided for in Section_8.0 I of this Charter."
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - AUGUST 12, 2002
INFORMA TIONAL AGENDA ITEM "G"
PAGE20F4
The upcoming City Election will be held on Tuesday, November 5, 2002
[as outlined in the Charter, Section 4.03. and Section 8.01.).
"The mayor shall issue a proclamation calling the municipal elections
provided for in this article and at least sixty (60) days prior thereto", [per
Chapter 2 of the Code of Ordinances, Section 2.82.J.
If a rurIoff is necessary, it "Shall be held fourteen (14) days after the initial
election" [per Chapter 2 of the Code of Ordinances, Section 2.84.J; which
would be Tuesday, November 19,2002.
TERM LIMITS:
"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 (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) 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 ofthe city." [per the Charter, Section 4.03.(d)).
TERM OF OFFICE:
"All elections shall be for four-year terms of office."
The term of office will expire this year for the following seats:
· Mayor (currently held by the Honorable Paul P. Partyka)
· City Commission Seat Two (currently held by the Honorable
Michael S. Blake)
· City Commission Seat Four (currently held by the Honorable
Cindy Gennell)
"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." [per the
Charter, Section 4.03.(a)].
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - AUGUST 12, 2002
INFORMATIONAL AGENDA ITEM "G"
PAGE 3 OF4
MUNICIPAL ELECTIONS OFFICER:
"The city clerk is hereby designated the supervisor of elections for the
city" [per Chapter 2 of the Code of Ordinances, Section 2.81.].
As our Election is being held in conjunction with the County Election, the
Supervisor of Elections for Seminole County, Ms. Sandra Goard and her
staff will be taking care of most details for this Election; thus there will
not be a need to have a City Canvassing Board.
QUALIFYING:
The period for qualifying runs from "The first day of September and the
fifteenth day of September" [per Chapter 2 of the Code of Ordinances,
Section 2.87.].
The names of the candidates that have qualified for the November 5, 2002
City of Winter Springs Municipal Election will be forwarded to the
Supervisor of Elections for Seminole County, on Monday, September 16,
2002.
Prior to a previous Election, the City Clerk was asked to provide the City
Commission with a preview of the proposed documents that are to be a
part of the Qualifying packages. Most of the attached forms (with this
Agenda Item) were submitted to City Attorney Anthony A. Garganese two
(2) years ago and any suggested changes were made. For this Election,
some minor changes have been made to the attached documents, as well as
incorporating any changes as noted in the Florida Statutes. The forms
have also been forwarded to CitY Attorney Anthony A. Garganese, prior to
this Meeting for his consideration.
SEMINOLE COUNTY INFORMATION:
The Election Books for the November 5, 2002 Election close on Monday,
October 7, 2002.
The only meeting currently scheduled thus far for the County Canvassing
Board is a meeting to Test the Tabulating Equipment. This meeting is
scheduled for Saturday, October 28, 2002, beginning at 10:00 a.m.
FUNDING:
No additional funding is required at this time.
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - AUGUST 12, 2002
INFORMATIONAL AGENDA ITEM "G"
PAGE40F4
ATTACHMENTS:
A. The (new) Charter of the City of Winter Springs
B. Chapter 2 (Administration) from the City of Winter Springs' Code
of Ordinances
C. Fonns generated by the City of Winter Springs that will become
part of the Qualifying packets, including:
· Affidavit Of Residency :. City
· Affidavit Of Residency - District (only for candidates for the
Office of Commissioner)
· Application For Office
· Election Assessment
· Loyalty Oath
· Notice Of Testing Of Tabulating Equipment
· Oath of Candidate
· Petition
· Signature Page
COMMISSION ACTION:
ATTACHMENT
"A"
Sec. 1.01.
Sec. 2.01.
Sec. 2.02.
Sec. 2.03.
Sec. 3.01.
.)
Sec. 4.01.
Sec. 4.02.
Sec. 4.03.
Sec. 4.04.
Sec. 4.05.
Sec. 4.06.
Sec. 4.07.
Sec. 4.08.
Sec. 4.09.
Sec. 4.~0.
Sec. 4.11.
Sec. 4.12.
Sec. 4.13.
Sec. 4.14.
Sec. 4.15.
Sec. 4.16.
Sec. 5.0l.
Sec. 5.02.
Sec. 5.03.
Sec. 5.04.
Sec. 6.01.
Sec. 6.02.
PART I
CHARTER *
Article I. Corporate Name
Corporate name.
Article II. Territorial Boundaries
Territorial Boundaries.
Property added by annexation since 1972.
Annexation procedure.
Article m. Powers of the City
Generally.
Article Iv. Governing Body
Composition; qualification of members; and commission districts.
Commission districts; adjustment of districts.
Election and terms.
Compensation; expenses.
Mayor.
General powers and duties.
Prohibitions; holding other office.
Vacancies; forfeitures of office; fIlling of vacancies.
Judge of qualifications.
City cled.
Investigations.
Independent audits.
Procedure.
Actions requiring an ordinance.
Ordinanres in general.
Authentication and recording; codification.
Article V. City Manager
Appointment; qualifications, compensation.
Removal
Powers .and duties of the city manager.
Acting city manager.
Article VI. Administrative Departments
Power of commission to establish.
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 beeD
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 tile city was derived from the 1981 Charter approved by the voters by the referendum of Nov. 3, 1981.
)
Supp. No.2
1
Sec. 7.01.
Sec. 7.02.
Sec. 7.03.
Sec. 7.04.
Sec. 7.05.
Sec. 7.06.
Sec. 7.07.
Sec. 8.01.
Sec. 8.02.
Sec. 8.03.
Sec. 8.04.
Sec. 9.01.
Sec. 9.02.
Sec. 9.03.
Sec. 9.04.
Sec. 9.05.
Sec. 9.06.
Sec. 9.07.
Sec. 10.01.
Sec. 11.01.
Sec. 12.01.
Sec. 13.0l.
Sec. 13.02.
Sec. 13.03.
Sec. 13.04.
NQ.2
WINTER SPRINGS CODE
Article VII. Financial Procedure
Fiscal year.
Submission of budget and budget message.
Contents of budget:.
Capital Program.
Commission action on budget.
Public records.
Amendments after adoption.
Article vm. Nominations and Elections
The city eiections.
Qualified voters.
Election procedures.
Non Partisan Elections.
Article IX. Initiative and Referendum
G~meral authority.
Commencement of proceedings; petitioners' committee; affidavit.
Petitions.
Procedure after filing.
Referendum petitions; suspension of effect of ordinance.
Action on petition.
Results of election.
Article X. Amendments
General Authority.
Article XI. Severability
Severability.
Article XII. Powers
Powers generally.
Article xrn. Transitional Provisions
City ordinances.
City contracts.
City officials.
First Elections under Charter.
Appendix A Territorial Boundaries
2
CHARTER 9 4.02
ARTICLE I. CORPORATE NAME ARTICLE IV: GOVERNING BODY
Section 1.01. Corporate name.
The municipality hereby established shall be
lrnown 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 ofWmter Springs, Florida is
presented in Appendix "An
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 renwnbered 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.
Supp. No.2
Section 4.01. Composition; qualification of
members; and commission dis-
tricts.
(a) Composition. There shall be a governing
body composed of the mayor and five (5) commis-
. sion members elected by the voters of the city as
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 b€
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.
Section 4.02. Commission districts; adjust-
ment of districts.
(a) Number of ciistricts. 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.
3
S 4.02
wrNTER SPRINGS CODE
(
(c) Report; specifications. The districting com-
mission 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 bOlUldary 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 ofthe
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.
(0 Failure to enact ordinance. The city commis-
sion shall adopt the redistricting ordinance at
least one hundred twenty (120) days before the
,,,=.::: city election. If the city commission fails to
_~LL ___ _ ____L. ___ ___~_ _L J...L _ ___..l~_L._~_L=_ _ ___..l':_ ___ ___
_CCCO".C i;J.\.;\.;t:p" ur reject, t,ue reUl:st,nCLlug urUluauce,
report of the districting commission shall go
L - effect and have the same effect of an ordi-
....... Nn ?
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 byordi-
nance, but no ordinance increasing such salary
shall become effective until the date of commence-
ment of the terms of mayor and commissioners
4
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 offour
(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, repe
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 ofthe 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 commiss~on shall provide
for the exercise thereof and for the performance of
all duties and obligations imposed on the city by
law.
Supp. No.2
CHARTER
94.08
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 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 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
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 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 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. A vacancy 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. A member charged with conduct constitut-
ing grounds for forfeiture of his office shall be so
notified by certified mail arid 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
~::~ week in advance of the hearing. Decisions
made by the commission under this section shall
I.", <",hjprt to review by the courts.
~""..t,.-:-... 4.10. City clerk.
(a) The city commission, after receiving a nom-
. <.... from either the mayor or a commission
n L -:<-: ~-:!-:.-: ~ ~, by a vote of not less than four (4)
. ~ -' u members, appoint an officer of the
VY-~~lV ~t.a.r: h.Civ.t; thG ti.tl~ Gf ~ity c!c:-k. The city
I. .L ",hall give notice of commission meetings to
'. ",co,ccL,coo-", ;;",-J thfO [';;1-;!;::, keep the journal of its
No.2
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 th(~ 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.
6
(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 merribers 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 ini-
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) Conveyor 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-
Supp. No.2
CHARTER
Ii 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 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) 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-
7
~ 5.01
WINTER SPRINGS CODE
pointed solely on the basis of executive and ad-
ministrative qualifications and shall serve at the
pleasure of the commission.
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.
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 byoffic-
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
No ?
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 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
8
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 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
accompanymg 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
)
Supp. No.2
CHAHTER
!i 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 otbfi!r
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-
9
9 7.05
WlNTER SPRlNGS 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. Th 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
iU"'~lffi(;i"'11t to meet the amount appropriated, he
;;:~..;;~~ report to the commission without delay,
;,II:;.:,,::ii.'E the estimated amount of the deficit,
:;.,....:"! the remedial action by him and his recom-
..-...=..-..~~--;,~~.-.:~._~ ~.:; t..=. ~I~3'- lithcL steps to be taken. The
__~_~_:.__=__ _L_l1 LL__ 1._1__ _.._'- &.'.~~L__ __.....:...._ ........
- -- - - -:.-".- ;;" "'.';; ... ..::-' (:1t;l,.llJIl (:1,:0;
deems necessary to prevent or minimize any
1 L- -' L ~!'.d for that purpose it may by ordinance
C~~::: cz more appropriations.
(d) Transfer of appropriations. At any time
:III-;"g the fiscal year the city manager may
."""f.;., part or all of any unencumbered appro-
..~. L_I_____ ____~______~__~_.:....L=_.... ..J_~_--+.
Jf Irll.llHI I_J4:l10_llt_.l::: t'IIJHJlI5 PlV5Lc1..llLo:J VVll..lllll Cl ut;paJ. "'-
11l:'l1i., office or agency, and, upon written request
'Y the city manager, the commission may by
Nn ?
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. NOMINATIONS 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.
10
ARTICLE IX. INlTlATIVE AND
REFERENDUM
Section 9.01. General authority.
(a) Initiatiue. 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-
Supp. No.2
CHAHTER
~ 9.04
tied 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 insufficient, 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
11
S 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
:;:'!:j' :;!~.::-k, the ordinance sought to be reconsidered
:.:!-;;;!~ be suspended from taking effect. Such sus-
- - -~. -- !';h~1l 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.
NQ 2
Section 9.0~. 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 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 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.
12
(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 ilOt 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 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.
Supp. No.2
CHARTER
~ 13.04
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 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 Char-
ter 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 8.01 ofthis Charter for the
election of mayor and of commission members
from seats designated as two and four. The mayor
and the two (~) 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 year 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.
13
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:
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 D, 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 112 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 D 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 exten-
sion of the west line of Thscawilla; thence run
north along southerly extension of the west line
and along the west line of Thscawilla to the
northwest corner of Tuscawilla; thence easterly
along north line ofTuscawilla to the west side of a
road running north and south between Lots 7, 8,
9 and 10 of Thscawilla; thence northwesterly
along the west side of said road to the southeast
corner of Lot 36, Block D; thence run westerly
along south lines of Lots 36 and 37, Block D to the
northeast corner of Lot 61, Block D; thence west-
erly along the south line of Lots 74, 75, 76 and 77,
Block D to the northeast corner of Lot 99, Block D;
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
Supp. No.2
CHARTER
App. A
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 B
and 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 tract of land described as follows:
Begin 130 feet west and 151.8 feet north of the
southeast corner of the northeast 1/4 of the south-
west 1/4 of the southwestl/4 of Section 22-20-30,
run north 48018'30" west 161.1 feet to the east-
erly right-of-way State Road 15-600; thence north
41041'31" 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. 17/92
and all that part of Lots 15 and 16 of said Block B,
lying east of the west line of Lot 21, Block C, ofD.
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,
ofD. 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 de-
scribed as follows: Begin at the northeast corner
of Lot 12, Block B, of said Oak Grove Park; thence
run south 86035'15" 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 5057'13" west from the
southerly right-of-way line of Shepard Road, sub-
ject to Florida Power Corporation's 175-foot ease-
ment 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
15
App. A
WINTER SPRINGS CODE
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 4044' west 1,063.719 feet to the
southwest corner of said Lot 21; thence run north
83021'25" east 1,950.789 feet to the southeast
comer of said Lot 21; thence run north 5057'13"
east 722.942 feet to a point 1,155.005 feet south
5057'13" 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 86035'15.5"
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 prop-
erty 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 85000'00" 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
'IUscawilla-Gabriella Road; run thence north
04024'22" 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 84050'15"
east 1,120.89 feet; run thence north 04004'15"
east 1,969.15 feet; run thence north 85005'45"
west 418.47 feet to the westerly right-of-way line
ofthe aforesaid Thscawilla-Gabriella Road; thence
continue along said westerly right-of-way line run
north 43025'40" east 521.37 feet to the point of
curvature of a curve concave northwesterly hav-
ing a radius of 1,612.02 feet, and a central angle
::;: 20005'33"; run thence northeasterly along the
?,..c of said curve a distance of 565.30 feet to the
.. -' . L of tangency; thence continuing along said
.. ~"'~~':J right-of-way run north 23020'07" east
~ .-''-1.< z~ feet to the point of curvature of a curve
~ ..-~ .-11=11:)-. vv I:--S~.'::-I-~.Y l!zl_v-i~-~g ~i I--o_dil~i~ 0f2,839.79
. ?_~d a central angle of 09014'37"; thence run
'_ along the arc of said curve a dis-
No 2
tance of 458.15 feet to the poi n t of tangency;
thence continuing along said westerly right-of-
way line, run nOl.th 14005'30" east a distance of
1,581.20 feet; thence leaving said westerly right-
of-way run south 84051'30" east 1,368.08 feet;
thence run south 05010'20" west 386.72 feet; run
thence south 84050'40" 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 54056'40" 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 22039'04" east 142.94 feet to a
point on the southerly right-of-way line of Atlan-
tic Seaboard Coastline- Railroad; run thence along
said southerly right-of-way line south 54033'05"
east 587.22 feet; thence leaving said southerly
railroad right-of-way run north 00011'11" 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 88026'29"
east 2,224.37 feet; thence run south 89058'56"
east 3,686.53 feet; thence south 89021'56" east
2,159.76 feet; thence leaving said southerly right-
of-way line run south 00016'36" west 1,062.76 feet
to the northeast corner of Section 8, Township 21
South, Range 31 East; thence run south 00025'38"
east along the east section line of said Section 8 a
distance of798.62 feet; run thence north 82010'38"
west 310.20 feet; run thence south 04034'12" west
1,143.12 feet; run thence north 89034'22" east
406.56 feet; run thence south 00025'38" east 745.20
feet; run thence south 89027'54" east a distance of
1,349.48 feet; run thence south 00009'56" west
1,326.01 feet; run thence north 89013'53" west
672.52 feet; run thence south 00000'36" west
980.83 feet; run thence north 89016'52" west
671.86 feet to a point on the east line of the
aforesaid Section 8; run thence south 0000 1'43"
east along said east line of the aforesaid Section 8;
run thence south 00001'43" east along said east
line of Section 8; 330.14 feet to the northeast
comer of Section 17, Township 21 South, Range
31 East; run thence along the east line of said
Section 17 south 00016'14" west 1,341.14 feet;
thence leaving said east section line run north
89015'33" west 4,004.99 feet; run thence south
00014'56" west 1,775.51 feet; run thence north
89003'43" west 1,415.02 feet; run thence north
16
00014'26" west 687.66 feet; run thence north
85014'00" west 602.10 feet; run thence south
87051'100" west 1,083.26 feet; run thence south
00015'09" east 2,167.87 feet; run thence north
84048'16" west 2,404.62 feet to the point of begin-
ning; less that portion of Winter Springs as re-
corded 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 05009'50" east 33.00 feet; run thence north
85000'00" west parallel with the southerly line of
said Gardena Farms, 4,502.35 feet; to a point of
beginning; run thence further north 85000'00"
west 627.31 feet; thence run north 05000'00" east
225.00 feet; thence run north 84009'48" east 175.44
feet; "thence run south 85000'00" east 455.00 feet;
thence run south 05000'00" west 257.98 feet to the
point of beginning; also less, begin at the south-
east 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
05009'50" east along the east line of said Gardena
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 85010'12" west along said north-
erly 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 85010'12" west
772.70 feet to the point of beginning; run thence
north 04049'48" east 300.00 feet; run thence north
85010'12" west 675.80 feet to the easterly right-
of-way line of the Tuscawilla-Gabriella Road' run
thence south 23020'07" west along said easterly
right-of-way line 316.36 feet; thence leaving said
easterly right-of-way line run south 85010'12"
east 776.20 feet to the point of beginning, contain-
ing 2,890.9140:t acres. And also less, the south 33
feet of the aforesaid Gardena Farms Subdivision
and also less that part lying within existing Nortl~
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
Supp. No.2
CHARTEH
App. A
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
19020' east 359.00 feet; thence run south 850 east
801.9 feet; thence run south 050 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 Thscawilla-
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 previ-
ously lying within the city limits of the Village of
North Orlando, and also; Begin at the intersec-
tion of State Road 15 and 600 (U.S. 17/92) and
State Road S-434 run south 89002'30" east 4,005.18
feet to the PC. of a curve concave to the north
having a radius of 2,864.93 feet, a central angle of
5030'30"; thence run northeasterly along said
curve an arc length of 275.42 feet to the P.T. of
said curve; thence run north 85027'00" east 3,709.58
feet to the PC. of a curve concave northwesterly
having a radius of 1,273.57 feet, a central angle of
18058'00"; thence run northeasterly along said
curve an arc length of 421.48 feet to the PT. of
said curve; thence run north 66029'00" east 2,776.82
feet to the PC. of a curve concave northwesterly
having a radius of 1,637.28 feet, a central angle of
1 r04'00"; thence run northeasterly along said
curve an arc length of 487.67 feet to the P.T. of
said curve; thence run north 49025'00" east 70.24
feet to the PC. of a curve concave southeasterly
having a radius of 636.62 feet, a central angle of
27058'00"; thence run northeasterly along said
curve an arc length of 310.74 feet to the PT. of
said curve, said point being the intersection of
State Roads S-434 and 419, less those parts lying
within the City of Casselberry and the City of
Longwood, Florida.
17
App. A
WINTER SPRINGS CODE
Ordinances Annexing Property to the City
Ord. No. Date Ord. No. Date
2000-08 4-10-00 2000-40 11-27-00
2000-22 8-14-00 2000-41 11-27-00
2000-24 8-14-00 2001-01 1-22-01
2000-33 . 11-13-00 2001-03 1-22-01
2000-36 11-27-00 2001-34 6-11-01
Editor's note-The above list of ordinances annexing
property to the city begins with Ord. No. 2000-08, adopted Apr.
10, 2000.
(
Nn ?
18
[The next page is 67]
ATTACHMENT
"B"
Chapter 2
ADMlNISTRATION*
Article I. In General
Sec. 2-L Abandoned property; disposition by city.
Sec. 2-2. Use of city athletic facilities; fees.
Secs. 2-3-2-25. Reserved.
Article IT. City Conunission
Sec. 2-26. Recall of elected officials.
Sees. 2-27-2-40. Reserved.
Article III. Boards. Conunittees, Commissions
Division 1. Generally
Sec. 2-41. Fee paid to appointed board members; attendance of meetings.
Sec. 2-42. Appointments of boards and committees.
Sees. 2-43-2-55. Reserved.
Sec. 2-56.
Sec. 2-57.
Sec. 2-58.
Sec. 2-59.
Sec. 2-SO.
Sec. 2-61.
Sec. 2-61.5.
Sec. 2-62.
Sec. 2-63.
Sec. 2-64.
Sec. 2-65.
Sec. 2-66.
Sec. 2-67.
Sec. 2-68.
Sec. 2-69.
Sec. 2-69.1.
Sec. 2-69.2.
Sec. 2-69.3.
Sec. 2-69.4.
Sec. 2-69.5.
Sec. 2-69.6.
Division 2. Code Enforcement
Subdivision A. Board
Creation.
Membership; appointment; qualifications; terms.
Election of officers; quorum; compensation; expenses.
Code inspector; duties.
Hearings.
Powers.
Application for satisfaction or release of code enforcement liens.
Duration of lien.
Appeals.
Notices.
Provisions of article supplemental.
Subdivision B. Citations
Intent.
Definitions.
Designation, qualifications and training of code enforcement
officers.
Authority of code enforcement officers.
Citation procedure.
Delivery of warning notices and citations.
Violation classification and civil penalty.
Schedule of violations.
Procedures to payor contest citations.
Citation contents.
+Editor's note-The city commission has by various on:linances chosen not to have certain county ordinances in effect within
the city. These ordinances are on file in the city clerk's office.
Cross references-Alcoholic beverages, eh. 3; city forestry office established, 9 5-2; fire department, 9 7-26 et seq.; unifonn
street numbering system, 9 9-370 et seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; personnel, Ch. 14; taxation,
Ch. 18; utilities, Ch. 19.
State law reference-Municipal home rule powers act. F.S. ch. 166.
Supp. No.2
133
W1NTEH SPlUNGS CODE
Sec. 2-69.7.
Sec. 2-69.8.
Disposition of citat.ions and civil penalties.
Provisions supplemental.
Division 3. Hescrved
Secs. 2-70-2-73. Reserved.
Secs. 2-74,2-75. Reservcd.
Division 4. Beautification Board
Sec. 2-76.
Sec. 2-77.
Sec. 2-78.
Sec. 2-79.
Sec. 2-80.
Created.
Composition; appointment of members.
Terms; organization; meetings.
Duties; expenditures.
Master beautification plan; recommendations to city commission.
Article IV. Elections
Sec. 2-81. Election supervisor.
Sec. 2-82. Proclamation.
Sec. 2-83. Municipal elections to be general elections.
Sec. 2-84. Determination of person elected.
Sec. 2-85. Election boards.
Sec. 2-86. Nonpartisanship required.
Sec. 2-87. QuaJification of candidates.
Sec. 2-87.1. Vacancy in candidacy.
Sec. 2-88. Qualifying fees.
Sec. 2-89. Registration of voters.
Sec. 2-90. Voting places.
Sec. 2-91. Voting machines.
Sec. 2-92. Absentee voting.
Sec. 2-93. Canvass of return.
Sec. 2-94. Applicability of Code to election where questions are submitted.
Sec. 2-95. Additional duties of city clerk.
Sees. 2-96-2-115. Reserved.
Article V. Annexations and Rezoning
Sec. 2-116. Annexation fees.
Sec. 2-117. Waiting period for annexation or rezoning of property.
Sees. 2-118-2-135. Reserved.
Article VI. Finance
Division 1. Generally
Sees. 2-136-2-150. Reserved.
Division 2. Purchasing
Sec. 2-151. Purchasing policy and procedure established.
Sec. 2-152. When written bids are required; waiver.
Secs. 2-153-2-190. Reserved.
Sec. 2-19l.
Sec. 2-192.
Sec. 2-193.
Division 3. City-Owned Pcrsonal Property
Definition of property.
Identification; rccord; inventory.
Property supcrvision and control.
Nn ?
134
ADMINISTRATION
Sec. 2-194. Disposal of surplus property.
Sees. 2-195-2-249. Reserved.
Article VII. Emergency Management
Division 1. Generally
Sec. 2-250. Intent.
Sec. 2-251. Definitions.
Sec. 2-252. Applicability of provisions.
Sec. 2-253. Emergency management structure.
Sec. 2-254. Powers, duties, and responsibilities.
Sec. 2-255. Declaration of a state of emergency.
Sec. 2-256. Termination of a state of emergency.
Sees. 2-257-2-260. Reserved.
Sec. 2-261.
Sec. 2-262.
Sec. 2-263.
Sec. 2-264.
Sec. 2-265.
Division 2. Conditions of Emergency
Weather emergencies.
Public emergencies.
Fire emergencies.
Suspension of local building regulations.
Certification of emergency conditions.
)
)
Supp. No.2
135
ADMINISTRATION
ARTICLE 1. IN GENERAL
Sec. 2-1. Abandoned pl'Operty; disposition by
city.
The disposition of lost or abandoned personal
property within the city shaU be pursuant to F.S.
S 705.101 et seq.
(Code 1974, S 9-8)
Cross reference-Abandonment of motor vehicle prohib-
ited, 9 12-53.
State law refercnce-Seized, abandoned, wrecked or
derelict property, F.S. 9 705.101 et seq.
Sec. 2-2. Use of city athletic facilities; fees.
(a) The fee schedule for "unscheduled permit-
ted use and non-use" of athletic baseball and
softball facilities for youth user organizations and
groups is hereby adopted as being thirty-four
dollars ($34.00) per field prior to 5:00 p.m. and
forty-eight dollars ($48.00) per field after 5:00
p.m. for a period of two (2) hours use.
(b) The fee schedule for "unscheduled permit-
ted use and non-use" of athletic soccer facilities
for youth user organizations and groups is hereby
adopted as being thirty-eight dollars ($38.00) per
field for a period of two (2) hours use.
(c) The fee schedule for staff labor service
charges will be applied if and when an employee
must extend their previously set work schedule in
order to accommodate an unscheduled use of
facilities is hereby adopted as being eight dollars
($8.00) per hour for part-time employees and
twelve dollars ($12.00) per hour for full-time
employees for each hour or fraction of an hour.
(d) The "unscheduled permitted use and non-
use" fees with any associated labor charges im-
posed to youth user organizations and groups are
nonrefundable.
(e) This section shall remain in force and effect
until supplemented, amended, repealed or other-
wise altered. The amount of fees charged by the
city as provided in this section may be amended
from time to time as deemed appropriate by the
city by resolution of the city commission.
(f) The city shall require the payment of all
applicable state and federal taxes.
(Ord. No. 635-A, SS I-V, VII, 12-9-96)
Supp. No.2
9 2-42
Sees. 2-3-2-25. Reserved.
ARTICLE II. CITY COMMISSION
Sec. 2-26. Recall of elected officials.
(a) Any elected public official may be recalled
. from office pursuant to the provisions herein set
forth.
(b) F.8. S 100.361 is hereby incorporated in
haec verba into this section and all provisions
shall be applicable to any public elected official of
the city.
(Code 1974, S 2-3)
Cross reference-Elections, 9 2-81 et seq.
Sees. 2-27-2-40. Reserved.
ARTICLE III. BOARDS, COMMITIEES,
COMMISSIONS*
DIVISION 1. GENERALLY
Sec. 2-41. Fee paid to appointed board mem-
bers; attendance of meetings.
(a) Each person appointed by the city commis-
sion for the City of Winter Springs, Florida, shall
receive the sum of twenty-five dollars ($25.00) for
each meeting of the board the person attends as
reimbursement for all expenses incurred in at-
tending the meeting.
(b) Any person who is a member of an ap-
pointed city board shall have the right to waive
acceptance of any reimbursement.
(Ord. No. 551, S~ 1, 2, 1-24-94)
Editor's note-Orclinance No. 551, adopted Jan. 24, 1994,
did not specifically amend this Code; hence, codification of 99 1
and 2 of said ordinance as 9 2-41 herein was at the editor's
discretion.
Sec. 2-42. Appointments of boards and com-
mittees.
(a) Purpose. The purpose of this section is to
enhance the public's respect and confidence in the
municipal services delegated to, and performed
.Cross rcferenccs-Site plan review board, 9 9-342 et
seq.; planning and zoning board, 9 20-51 et seq.; board of
adjustment, 9 20-76 et seq.
137
S 2-12
WINTER SPRINGS CODE
by, city boards and committees and to ensure that
decisions of boards and committees are in the best
interests of the city. The purpose of this section is
also to establish uniform and consistent proce-
dures and requirements for establishing and/or
abolishing boards and committees, and appoint-
ing and removing members thereof, and for con-
ducting board and committee business.
The provisions of this section shall not be deemed
to repeal or modify any city ordinance or provision
of the city code relating to the establishment or
operation of any board or committees, but the
provisions herein shall be supplemental and in
addition to such provisions within the city code.
(b) Definitions. As used in this section, the
terms or phrases listed in this subsection shall
have the following meaning:
"Resident" shall mean any person living within
the city limits at all times while sernng on said
board or committee, and at least six (6) months
prior to being nominated, elected or appointed to
the board or committee. .
(c) Requirements of board and committee mem-
bers. Any person nominated, elected or appointed
to serve on a board or committee of the city shall
satisfy the following requirements, except as oth-
erwise provided by state or federal law:
(1) Complete a board or committee applica-
. tion as prescribed b:r the city commission;
(2) Consent to a standard criminal back-
ground check;
(3) Be duly registered to vote in Seminole
County;
(4) Be a resident as defined in this section;
and
(5) Has never been convicted or found guilty,
regardless of adjudication, of a felony in
any jurisdiction, any plea of nolo contendere
shall be considered a conviction for pur-
poses of this paragraph.
(d) Appointment and removal of members. U n-
less otherwise required by state or federal law, or
specifically provided otherwise in the Code, all
persons shall be appointed to, and removed from
city boards and committees by majority vote of
~lInn No_?
the city commission. Board and committee mem-
bers shall serve at the pleasure of the city com-
mission and may be summarily removed at any
time with or without cause. A board or committee
appointment shall not be construed as creating or
conferring, upon a person, any right or interest in
serving on a board or committee including, but
not limited, to a contract, liberty, property or
vested right.
(e) Term. All board and committee members
shall be appointed to serve three-year terms and
may be reappointed by the city commission for
subsequent three-year terms without limitation.
If a member is removed, or vacates their appoint-
ment for any reason, including death, excessive
absences, or resignation, prior to the expiration of
their term, the city commission may at its discre-
tion appoint the first alternate member described
below, or other qualified individual, whom shall
serve the remaining portion of the unexpired
term.
(0 Absences. Any board or committee member
incurririg three (3) consecutive absences; or five
(5) absences within a twelve-month period, from
any regularly scheduled meeting, shall be deemed
automatically removed from the respective board
or committee in which the absences have oc-
curred.
(g) Chairmanships. Each board and committee
shall be responsible to elect, by majority vote. of
the members of each board or committee, a chair-
person and vice-chairperson. The election shall
. occur annually at the first meeting held in Janu-
ary, unless there is no January meeting, then the
next meeting held. All newly established boards
and committees shall make such elections at their
regularly held meeting and then annually as
stated above. Alternate members (as provided
below) shall not be elected to positions of chair-
person or deputy-chairperson.
(h) Alternate members. At the discretion of the
city commission, two (2) alternate members may
be appointed to each City of Winter Springs board
or commission, unless otherwise provided by law.
Alternate members shall be provided with all
. agendas and documentation provided to regular
members and shall be permitted to provide input
during discussions. Alternate members shall not
138
ADMINISTRATION
)
be permitted to vote on matters before the board
unless they have assumed the duties of an absent
regular member.
The member of the board who has served longer
as an alternate member shall be the first alter-
nate board member. If the first alternate member
leaves the board or is appointed a regular board
member, the successor to the first alternate board
member shall be that alternate board member
with the longer service as an alternate member.
The next appointed alternate member shall be
designated as the second alternate board mem-
ber.
In the absence of a regular member from an
official board meeting, the first alternate board
member shall assume all duties of the absent
regular board member, including the right to vote
on any matter before the board at that meeting. If
two (2) or more regular board members are absent
from an official board meeting, the second alter-
nate member shall assume all duties of an absent
regular member, including the right to vote on
any matter before the board at that meeting.
In the absence of the first alternate board mem-
ber from an official board meeting, the second
alternate board member shall act in the place of
the absent first alternate, including the right to
vote on matters before the board at that meeting
if a regular membe~ is absent at that meeting.
(i) Multiple board or committee membership.
No member of any appointed board or committee
of the City of Winters Springs shall be allowed to
serve on more than one such board or coinmittee
at a time, with the exception of appointments to
ad hoc committees of temporary duration. Any
board or committee member, at the time of the
effective date of this subsection [Jan. 14, 2002]
who is a member of more than one (1) board or
committee, may continue to serve on each such
board or committee until the expiration of the
current term of each respective board, the mem-
ber resigns from such board or committee, or is
removed, in accordance with this Chapter, from
any such board or committee.
(Ord. No. 2001-49, S 2, 10-8-01; Ord. No. 2001-61,
~ 2, 1-14-02)
)
Sees. 2-4:3--2-55. Reserved.
Supp. No.2
9 2-57
DIVISION 2. CODE ENFORCEMENT*
Subdivision A. Boardt
Sec. 2-56. Creation.
The city does herewith and does hereby create
a code enforcement board pursuant to the terms
of F.S. Ch. 162.
(Code 1974, S 2-51)
Sec. 2-57. Membership; appointment; quali-
fications; terms.
(a) The code enforcement board shall consist of
seven (7) members to be appointed by the city
commission. The members of the board shall be
residents of the municipality and appointments to
the board shall be in accordance with the appli-
cable law and ordinances on the basis of experi-
ence or interest in the fields of zoning and build-
ing controL The membership of the enforcement
board shall, whenever possible, include an archi-
tect, a businessman, an engineer, a general con-
tractor, a subcontractor and a realtor.
(b) The appointments to the code enforcement
board shall be for a term of three (3) years and a
member may be reappointed upon approval of the
city commission. Appointments to fill any vacancy
on the enforcement board shall be for the remain-
der of the unexpired term of office. If any member
fails to attend two. (2) of three (3) successive
meetings without cause and without prior ap-
proval of the chairman, the board shall declare
the member's office vacant and the city commis-
sion shall promptly fill such vacancy. Members
shall serve in accordance with the Code and may
.Cross references-Animals, Ch. 4; arbor, Ch. 5; build-
ings and building regulations, Ch. 6; fire prevention and
protection, Ch. 7; flood damage prevention, Ch. 8; land devel-
opment, Ch. 9; licenses and business regulations, Ch. 10;
nuisances, Ch. 13; planning, Ch. 15; signs and advertising, Ch.
16; streets, sidewalks and other public places, Ch. 17; utilities,
Ch. 19; zoning, Ch. 20.
State law referencc-Code enforcement boards, F.S. Ch.
162.
j.Editor's note-For classification purposes, 99 2-56-
2-65 have been categorized as Subdiv. A, Board. See editor's
note at Subdiv. B, 99 2-66-2-69.8, herein.
139
92-57
WINTER SPRINGS CODE
be suspended and removed for cause as provided
in such ordinances for removal of members of
boards.
(Code 1974, ~S 2-52, 2-53)
State law reference-Membership, F.S. 9 162.05.
Sec. 2-58. Election of officers; quorum; com-
pensation; expenses.
The members of the enforcement board shall
elect a chairman from among its members who
shall be a voting member. The presence of four (4)
or more members shall constitute a quorum of the
enforcement board. Members shall serve without
compensation, but may be reimbursed for such
travel, mileage and per diem expenses as may be
authorized by the city commission or otherwise as
provided by law.
(Code 1974, ~ 2-54)
State law reference-Similar provisions, F.S. 9 162.05(3).
Sec. 2-59. Code inspector; duties.
There shall be a code inspector who may be any
authorized agent or employee of the city. It shall
be his duty to ensure code compliance' and to
initiate enforcement proceedings. No member of
the code enforcement board shall have the power
to initiate such enforcement proceedings. If it is
determined that there has been a violation of the
codes of the city, the code inspector shall notify
the violator and give him a reasonable time to
correct such violation. Should the violation con-
tinue beyond the time specified for correction, the
:=== ~~~p::-ct-~~ shall notiry the enforcement board
='"'.~ re(plest a hearing pursuant to the procedure
: . --. ~_. established. Written notice shall be
"' . ~ to the violator by certified mail, retw~n
_ _ _ :i'~: n:'r~II"""'t,,"rJ Where mail would not be effec-
., notice shall be by hand delivery by the code
_.L Nntwitho:::bmrlinu the ahove. in the event
~ - ----------------.0 - - --- -. -, ---- ---- -. -----
code inspector has reason to believe a viola-
_ _~____~.L_ _ ___~____ LL____L L_ LL _ ___Lt~_ 1_ __ILL
&" ..~. _..._~ ~-'; :--......11111:-.. 1.111 .....rtl. 1.(. I.IIP 1_1111111(,,: JI~Hll.rl
:::!":,:.y alia welfa.r.e, or the violation is irreparable
If LneVelsibre in nature, the code inspector may
Jrlx,,,,,,,d directly to the hearing procedure pro-
. _I .1. ___L~___ n r-n. ___..J ____1__ _ _________'-1_ _Cf:'___J..
--- ~__::._...... /.-1,)1,} ~!!U !!!~!:<_~ a rea~tHUH)H~ e!!urt
.. ~Gti.fy the violator.
::;ode 1974, * 2-55)
State law reference-Similar provision, F.S. 9 162.06(~D.
:;~;. NO.2
Sec. 2-60. Hearings.
(a) Hearings of the code enforcement board
may be called upon request of the code inspector
or by the chairman of the board or by written
notice signed by at least three (3) members of the
board. Future hearings may be set at any hearing
of the code enforcement board. The code enforce-
ment board shall attempt to convene at least once
every two (2) months, but it may meet more or
less often as the demand necessitates. Minutes
shall be kept of all hearings by the code enforce-
ment board and all hearings and proceedings
shall be opened to the public. The city commission
shall provide clerical and administrative person-
nel as may be reasonably required by the code
enforcement board for the proper performance of
its duties. A member of the administrative staff of
the city shall present each case before the code
enforcement board. The testimony presented to
the code enforcement board shall be under oath
and shall be recorded. The code enforcement
board shall take testimony from the code inspec-
tor and the alleged violator. Formal rules of
evidence shall not apply, but fundamental due
process shall be observed and shall govem such
proceedings.
(b) At the conclusion of the hearing, the code
enforcement board shall issue findings of fact,
based on evidence of record, and conclusions of
law and shall issue an order affording the proper
relief consistent with powers granted herein. The
findings shall be by motion approved by a major-
ity of those present and voting, except that at
least four (4) members of the code enforcement
board must vote in order for the action to be
official. The order may include a notice that it
must be complied with by a specified date and
that a fine may be imposed if the order is not
complied with by that date.
(Code 1974, S 2-56)
State law reference-Conduct of hearing, F.S. 9 162.07.
Sec. 2-61. Powers.
The code enforcement board shall have the
following powers:
(1) Adopt rules for the conduct of its hear-
mgs;
140
ADMINISTRATION
(2) Subpoena alleged violators and witnesses
to its hearings which may be served by
the county sheriff or by the police depart-
ment of the city;
(3) Subpoena evidence;
(4) Take testimony under oath;
(5) Issue orders having the force of law com-
manding whatever stl~ps are necessary to
bring a violation into compliance; and
(6) Assess.flnes upon notification by the code
inspector that a previous order of the code
enforcement board has not been complied
with by the set time. The violator may be
ordered to pay a fine not to exceed two
hundred fifty dollars ($250.00) for each
day the violation continues past the date
set for compliance or for each time the
violation has been repeated. A certified
copy of an order imposing a fine may be
recorded in the public records and there-
after shall constitute a lien against the
land on which the violation exists or, ifthe
violator does not own the land, upon any
other real or personal property owned by
the violator and may be enforced in the
same manner as a court judgment by the
sheriffs of this state, including levy against
the personal property, but shall not be
deemed otherwise to be a judgment of the
court except for enforcement purposes.
After six (6) months from the filing of any
such lien which remains unpaid, the en-
forcement board may authorize the city
attomey to foreclose on the lien.
(Code 1974, * 2-57)
Cross reference-Authority to enforce unifonn building
numbering systems, ~ 9-376.
State law reference-Similar provisions, F.s. 99 162.08,
162.09.
Sec. 2-61.5. Application foJr' satisfaction or
release of code enforcement
liens.
)
Where a certified copy of an order imposing a
penalty or fine, as described above in section 2-61,
has been recorded in the public records and has
Supp. No.2
140.1
9 2-61.5
become a lien against the land ancl/or propet-ty of
the violator, such violator may apply for a satis-
faction or release of such lien as follows:
(1) Upon full payment by the violator of the
fine or penalty imposed in accordance
with this chapter, the city manager is
hereby authorized to execute and record a
satisfaction of lien.
(2) Upon request for a reduction or forgive-
ness of a fine or penalty imposed in accor-
dance with this chapter, the violator shall
submit a written application to the com-
munity development director.
(3) The application shall include, but may not
be limited to the following:
a. The code enforcement case number;
b. The date upon which the violator
brought the subject property into
compliance with the City Code;
c. The factual basis upon which the
violator believes the application for
reduction or forgiveness of the lien
should be granted;
d. The terms upon which a satisfaction
or release of lien should be granted;
e. The reasons, if any, compliance was
not obtained prior to the order of
penalty or fine being recorded;
f. The reduction in penalty Or fine
sought by the violator; and
g. Any other information which the vi-
olator deems pertinent to the re-
quest, including but not limited to
the circumstances that exist which
would warrant the reduction or for-
giveness of the penalty or fine.
This application shall be executed under
oath and sworn to in the presence of a
notary public.
(4) The violator shall submit at the time of
application payment to the city in the
amount necessary to reimburse the city
for its costs associated with recording the
order imposing a penalty or fine and the
requested satisfaction or release of lien.
These costs are non-refundable, without
9 2-61.5
WINTER SPRINGS CODE
regard for the final disposition of the
application for satisfaction or release of
lien.
(5) Upon receipt of the application for satis-
faction or release of lien and payment
provided above, the community develop-
ment director shall confirm through the
code enforcement department that the
violation which resulted in the order im-
posing penalty or fine has been brought
into compliance. If the violation has been
brought into compliance and there is no
current code violation upon the property
in question, the community development
director shall place the application upon
the agenda of the next regularly sched-
uled meeting ofthe code enforcement board
for the City of Winter Springs.
At the hearing before the code enforce-
ment board, the board shall review and
consider the application for satisfaction or
release of lien, provide the violator with
an opportunity to address the board re-
garding the application for satisfaction or
release of lien, and to take the testimony
of other interested parties, including but
not limited to city staff.
(6) Upon review of the application and any
testimony presented, the code enforce-
ment board shall recommend to the city
commission approval, approval with con-
ditions, or denial of the application for
satisfaction or release of lien.
The code enforcement board, in determin-
ing its recommendation, shall consider
the following factors:
a. The gravity of the violation;
b. The time in which it took the viola-
tor to come into compliance;
c. The accrued amount of the code en-
forcement fine or lien;
d. Any previous or subsequent code vi-
olations;
e. Any financial hardship;
Nn 2
(7) Any other mitigating circumstance which
may warrant the reduction or satisfaction
of the penalty or fine;
(8) After a recommendation has been ren-
dered by the code enforcement board, the
community development director shall
place the application for satisfaction or
release of lien upon the agenda of the next
regularly scheduled city commission meet-
ing. The city commission may take action
solely based upon the sworn application
and recommendation of the code enforce-
ment board, and information provided by
the violator in regard to the application
for satisfaction or release of lien;
(9) The city commission may approve, ap-
prove with conditions, or deny the appli-
cation to satisfy or release of lien. If the
city commission approves the application
. to satisfy or release the lien and the
approval is conditioned upon the violator
paying a reduced penalty, fine, or any
other condition, the satisfaction or release
of lien shall not be prepared or recorded
until the condition(s) placed' by the com-
mission have been satisfied.
The violator shall have thirty (30) days in
which to comply with the conditions im-
posed by the city commission. Failure of
the violator to comply will result in the
automatic denial of the application for
satisfaction or release of lien.
rfthe application is denied or ifthe appli-
cation is automatically denied due to the
failure of the violator to comply with the
conditions imposed by the city commis-
sion, the violator shall thereafter be barred
from applying for a subsequent reduction
or forgiveness of the lien for a period of
one (1) year from the date of denial. Dur-
ing the one-year period, the lien may only
be satisfied and released upon full pay-
ment of the fine or penalty imposed in
accordance with this chapter.
(Ord. No. 2001-62, S 2, 1-14-02)
Sec. 2-62. Duration of lien.
No lien provided under the Local Government
Code Enforcement Boards Act shall continue for a
140.2
ADMINISTRATION
period longer than twenty (20) years after the
certified copy of an order imposing a fine has been
recorded, unless within that time an action to
foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose
on a lien, the prevailing party is entitled to
recover all costs, including a reasonable attorney's
fee, that it incurs in the foreclosure. The local
goveming body shall be entitled to collect all costs
incurred in recording and satisfying a valid lien.
The continuation of the lieu effected by the com-
mencement of the action shall not be good against
creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis
pendens is recorded.
(Code 1974, S 2-57.1; Ord. No. 698, S I, 2-9-98)
State law referenee-Similar provision, F.S. 9 162.10.
Sec. 2-63. Appeals.
An aggrieved party, including the city commis-
sion, may appeal a final administrative order of
the code enforcement board to the circuit court.
An appeal shall be filed within thirty (30) days of
the execution of the order to be appealed.
(Code 1974, ~ 2-58)
State law reference-Similar provisions, F.S. 9 162.11.
Sec. 2-64. Notices.
(a) All notices required by this article shall be
provided to the alleged violator by certified mail,
return receipt requested; by hand delivery by the
sheriff or other law enforcement officer, code
inspector or other person designated by the city
commission or by leaving the notice at the violator's
usual place of residence with some person of his
family above fifteen (15) years of age and inform-
ing such person of the contents of the notice.
(b) In addition to providing notice as set forth
in (a) above at the option of the code enforcement
board, notice may also be served by publication or
posting, as follows:
(1) Such notice shall be published once dur-
ing each week for four (4) consecutive
weeks, with four (4) publications being
sufficient, in a newspaper of general cir-
culation in the county. The newspaper
shall meet such requirements as are pre-
scribed under F.S. Ch. 50 for legal and
Supp. No.2
92-66
official advertisements and proof of pub-
lication shall be made as provided in F.S.
99 50.041 and 50.051.
(2) If there is no newspaper of general circu-
lation in the county, three (3) copies of
such notice shall be posted for at least
twenty-eight (28) days in three (3) differ-
ent and conspicuous places in such county,
one (1) of which shall be at the front door
of the courthouse in such county. Proof of
posting shall be by affidavit of the person
posting the notice, which affidavit shall
include a copy ofthe notice posted and the
date and places of its posting.
(c) Notice by publication or posting may run
concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by
mail as required under (a) above.
(d) Evidence that an attempt has been made to
hand deliver or mail notice as provided in (a)
above, together with proof of publication or post-
ing as provided in (b) above, shall be sufficient to
show that the notice requirements of this article
have been met, without regard to whether or not
the alleged violator actually received such notice.
State law reference-Similar provision, F.S. 9 162.12.
Sec. 2-65. Provisions of article supplemen--
tal.
Nothing contained herein shall prohibit the
city commission from enforcing its codes by other
means. It is the intent of this article to provide an
additional or supplemental means of obtaining
compliance with local codes.
(Code 1974, ~ 2-59)
State law reference-Similar provision, F.S. 9 162.13.
Subdivision B. Citations*
Sec. 2-66. Intent.
The City of Winter Springs hereby creates a
supplemental and additional method of enforcing
its codes and ordinances by the issuance of cita-
.Editor's note-Section I of Ord. No. 547, adopted No\".
22, 1993, provided for the addition of 99 2-66-2-66k herein.
Said sections have been included herein as Subdiv. 8, 99 2-
66-2-69.8, at the editor's discretion.
140.3
~ 2-66
WrNTER SPRINGS CODE
tions for violation of city codes or ordinances. The
provisions of this subdivision may be used for the
enforcement of any City Code or ordinance or for
the enforcement of aU city codes and ordinances
unless prohibited by law.
(Ord. No. 547, ~ ICg 2-66), 11-22-93)
(
Nn ?
140.4
ADMINISTRATION
9 2-69.3
)
Sec. 2-67. Definitions.
For purposes of this subdivision, the following
definitions shall apply:
City. The City of Winter Springs.
Code enforcement officel: Any employee or agent
of the City of Winter Springs who has been
designated by the city manager to enforce the
city's codes and ordinances.
(Ord. No. 547, S 1(9 2-66a), 11-22-93)
Sec. 2-68. Designation, qualifications and
training of code enforcement of-
ficers.
)
The city manager is authorized to designate
certain employees or agents as code enforcement
officers. The training and qualifications of the
employees or agents designated as code enforce-
ment officers shall be determined by the city
manager. Designation as a code enforcement of-
ficer does not provide the code enforcement officer
with the power to arrest or subject the code
enforcement officer to the provisions of Sections
943.085 through 943.255 of the Florida Statutes.
Nothing in this subdivision amends, alters, or
contravenes the provisions of any state-adminis-
tered retirement system or any state-supported
retirement system established by general law.
COrd. No. 547, ~ I(S 2-66b), 11-22-93)
Sec. 2-69. Authority of code enforcement of-
ficers.
All designated code enforcement officers are
authorized to issue a citation to a person when
based upon personal investigation, the code en-
forcement officer has reasonable cause to believe
that the person has committed a civil infraction in
violation of a city code or ordinance and that the
county court will hear the charge.
<ord. No. 547, S I(s 2-66c), 11-22-93)
)
Sec. 2-69.1. Citation procedure.
Prior to issuing a citation, a code e~forcement
officer shall provide notice to the person that the
person has committed a violation of a code or
ordinance and shall establish a reasonable time
period within which the person must correct the
violation. Such time period shall be no more than
Supp. No. 1
thirty (30) clays. If, upon personal investigation, a
code enforcement officer finds that a person has
not corrected the violation within the time period,
a code enforcement officer shall issue a citation to
the person who has committed the violation or
refer the matter to the codes enforcement board.
A code enforcement officer does not have to pro-
vide the person with a reasonable time period to
correct the violation prior to issuing a citation and
shall immediately issue a citation if the code
enforcement officer has reason to believe that the
violation presents a serious threat to the public
health, safety, or welfare, or if the violation is
irreparable or irreversible.
(Ord. No. 547, ~ I(~ 2-66d), 11-22-93)
Sec. 2-69.2. Delivery of warning notices and
citations.
A copy of warning notices and citations shall be
provided to the alleged violator by hand delivery
by the code enforcement officer. In the absence of
the alleged violator, the warning notice or citation
shall be delivered to the alleged violator by leav-
ing a copy of the warning notice or citation at the
alleged violator's usual place of residence wiLh
any person residing therein who is above fifteen
(15) years of age and informing such person of the
contents of the warning notice or citation or by
registered or certified mail, return receipt re-
quested.
Whenever an alleged violator is required to do
some act within a prescribed period after a warn-
ing notice or citation is delivered by mail, three
(3) days shall be added to the prescribed period.
COrd. No. 547, S 1(9 2-66e), 11-22-93)
Sec. 2-69.3. Violation classification and civil
penal ty.
(a) Violations of city codes or ordinances and
the applicable civil penalties shall be classified as
follows:
Violation Classification
Class I
Class II
Class III
Class IV
Civil Penah)'
$ 50.00
100.00
200.00
300.00
141
* 2.69.3
WINl'D\ SI'RlNGS CODE
City codes and ordinances subsequently en-
acted or amended may set forth the applicable
civil penalty for violations by designating the
appropriate violation classification.
(b) Each violation of a city code or ordinance in
the schedule of violations in subsection (a) herein
is a separate civil infraction. Each day such
violation shall continue shall be deemed to con-
stitute a separate civil infraction.
(c) Court costs in the amount of ten dollars
($10.00) per citation collected shall be retained by
the clerk of circuit court. The civil penalties set
forth above include said court costs.
(Ord. No. 547, ~ I(s 2-660, 11-22-93)
Sec. 2-69.4. Schedule of violations.
(a) Violation of the following city codes or or-
dinances is a civil infraction for which a citation
may be issued:
Section
13-2(b)
13-2(b)
13-2(d)
13-2(b)
13-2(c)
9-374
13-26
13-33
13-34
10-137
Section Title Class 16-27(b)
16-57 Illegal signs r 16-25
9-349 A. Handicap r 16-27(b)
16-57 B. Ads I 13-2
16-57 C. Snipes I 13-2(b)
16-56(b) D. RO.W I
16-53 E. Erected signs I
16-83 F. Garage sale r 7-26
Motor Vehicle Violations 7-79
12-66 For sale/repairs on
RO.W I 11-5
20-431 A.RV I
20-411 B. Boat and trailer I 10-136
20-411 C. Camper I 4-1
20-411 D. Work trailers I
12-67 E. Parking between 4-1
lines I 4-1
12-53 F. Abandon on 4-1
R.O.W
12-65 G. Parking/standing 4-2
street
20- H. Prohibited vehi- 4-1
431( 1.)a-11 cles 4-1
20-433 I. Disabled vehicles
13-2(b) Outdoor storage
13-2(b) A. Trash
Supp. No. I.
142
(
Tille Class
B. Junk and debris I
C. Equipment strewn
around yard I
Stagnant pool
Tree trimmings and
yard trash
Unsafe/unsanitary
House and building
numbers
Loud party
Loud music
Animal and bird
nOIses
No garage sale per-
mit
megal handbills
Handbills on autos
Cast periodicals
Littering RO.W
Littering private
property
Open burning
Obstruction of hy-
drants
Use of air guns/sling-
shot/etc. by a minor
Soliciting
Animal control viola-
tions
\ A. Barking dog
B. Loose cat or dog
C. Animals defecat-
ing or urinating
D. Over two (2) cats
or two (2) dogs
E. Loose animals
F. All other animal
violations
I
I
I
I
I
I
I
I
I (
I
I
I
I
I
I
I
I
I
I
I
I
I
(
Section
17-1
7-27
6-46
10-26
5-3
7-1
7-1
493
)
6-217
9-349(a),
(b), (c)
6-165
ADMINISTRATION
Title Class
Hazards (obstruc.
tions) R.O.w. I
Fireworks and explo-
sives I
All second offenses of
class I II
No building permit II
No occupational li-
.cense II
No arbor permit II
Spreading fire II
Failure to notify fire II
No meter backflow II
All second offenses of
class II III
Third offenses of
class I III
No pool enclosure III
Site plan violation III
Building mainte-
nance to code III
Additional offenses to
class I, II, and III . IV
Violation Classification
Class I
Class II
Class III
Class IV
Civil Penalty
$ 50.00
100.00
200.00
300.00
(b) The citations issued pursuant to sections
2-69.2, 2-69.3, and 2-69.4 may be contested in
county court in and for Seminole County.
(Ord. No. 547, ~ I(~ 2-66g), 11-22-93)
Ii 2-69.6
Sec. 2-69.5. Proced II res to payor con test ci-
ta tions.
(a) Any person cited for a violation under sec-
tions 2-69.1, 2-69.2, 2-69.3, and 2-69.4 shall within
thirty (30) days of issuance of the citation:
(1) Pay the civil penalty set forth in the
schedule of violations at the clerk of the
circuit court's office; or
(2) Contest the citation in county court through
appearance at the clerk of the circuit
court's office to receive a court date.
(b) If the person cited pays the civil penalty as
provided in subsection (a)(1) of this section, he
shall be deemed to have admitted the civil infrac-
tion and to have waived his right to a hearing to
contest the citation.
(c) If the person cited appears at the clerk of
the circuit court's office to receive a court date as
provided in subsection (a)(2) of this section, he
shall appear on said court date to contest the
citation in county court and he shall be deemed to
have waived his right to the civil penalty set forth
in the schedule of violations and shall be subject
for each violation to the maximum civil penalty
which shall not exceed five hundred dollars
($500.00) plus any applicable court costs.
(d) If the person cited fails to pay the civil
penalty within the time allowed, or fails to appear
in court to contest the citation, he shall be deemed
to have waived his right to contest the citation
and judgment may be entered against the person
for an amount up to the maximum civil penalty
not to exceed five hundred dollars ($500.00).
(e) Any person who willfully refuses to sign or
accept a citation issued by a code enforcement
officer or refuses to provide the information re-
quired in the citation shall be in violation of this
section and shall be prosecuted as a misdemeanor
of the second degree, punishable as provided in
~ 775.082 or S 775.083 of the Florida Statutes.
(Ord. No. 547, ~ l(~ 2-66h), 11-22-93)
Sec. 2-69.6. Citation contents.
The citation issued by the code enforcement
officer shall be in a form prescribed by the city
and shall contain:
(1) The date and time of issuance.
143
9 2-69.6
\VINTEI{ SPIUNGS CODI';
(2) The name and address of the person to
whom the citation is issued.
(3) The date and time the civil infraction was
committed.
(4) The facts constituting reasonable cause.
(5) The number or section of the code or
ordinance violated.
(6) The name and authority of the code en-
forcement officer.
(7) The procedure for the person to follow in
order to pay the civil penalty or to contest
the citation.
(8) The applicable civil penalty if the person
elects not to contest the citation.
(9) The applicable civil penalty if the person
elects to contest the citation.
(10) A conspicuous statement that if the per-
son fails to pay the civil penalty within
the time allowed, or fails' to appear in
court to contest the citation, he shall be
deemed to have waived his right to con-
test the citation and that, in such case,
judgment may be entered against the
person for an amount up to the maximum
civil penalty. .
COrd. No. 547, S reS 2~66i), 11-22-93)
Sec. 2-69.7. Disposition of citations and civil
penalties.
(a) After issuing a citation to an alleged viola-
tor, the code enforcement officer shall:
(1) Deposit the original citation and one (1)
copy of the citation with the clerk of the
circuit court;
(2) Provide the alleged violator with one (1)
copy;
(3) Deposit one (1) copy with city clerk; and
(4) Retain one (l) copy in the code enforce-
ment officer's department file.
(01 All civil penalties received by the county
court from violators of city codes or ordinances
shall be paid into the general fund of the city in
the penalty and fine account. All court costs shall
be retained by the clerk of the circuit court.
(Ord No. 547, * Us 2-66j!, 11-22-93)
Sec. 2-69.8. Provisions supplemental.
It is the legislative intent of this subdivision to
provide an additional and supplemental means of
obtaining compliance with city codes and ordi-
na.nces. Nothing contained in this subdivision
shall prohibit the city from enforcing its codes or
ordinances by any other means.
(Orc!. No. 547, ~ HS 2-66kJ, 11-22-93)
DIVISION 3. RESERVED*
Sees. 2-70-2-73. Reserved.
Sees. 2-74, 2-75. Reserved.
DIVISION 4. BEAUTIFICATION BOARDt
Sec. 2-76. Created.
There is hereby created "The Beautification of
~inter Springs Board" (hereinafter referred to as
"BOWS").
COrd. No. 459, S 1, 5-22-89)
Sec. 2-77. Composition; appointment ofrnem-
bel'S.
BOWS shall consist of seven (7) members, five
(5) members to be appointed by the city commis-
sion and two (2) members to be appointed by the
mayor.
(Ord. No. 459, * 2, 5-22-89)
*Editor's note-Ord. No. 709, ~ I, adopted Dec. 14, 1998,
repealed Former Div. 3, ~~ 2-70--2.73, in its entirety which
pertaincd to the commercc and industry development board
and derived from Ord. No. 424, ~S 1-4, adoptcd July 11, 1988.
tEditor's note-Ord. 459, 9 1, adopted May 22. 1989, did
not specify manner of codification; hence, inclusion herein as
Div. 4, ~* 2.76-2-80, has been at the discretion of the editor.
Cross l'efel'enees-lluilding regulations generally. Ch. 6;
fences. walls and hedges, * G-18G et scq.; land dc\'cloplllcnt.
Ch. ~); signs anrl advertising, Ch. l(i; streets, sidcwalks and
othcr public placcs, Ch. 17; zoning, Ch. 20.
144
ADMINISTRATION
)
Sec. 2-78. Teems; organization; meetings.
The members of BOWS shall be appointed for a
term of three (3) years; three (3) of the initial
BOWS members shall be appointed for a term of
three (3) years, two (2) of the initial BOWS
members shall be appointed for terms of two (2)
years, and two (2) of the initial BOWS members
shall be appointed for the term of one (1) year,
thereafter the terms shall be three (3) years.
Immediately upon appointment, the members of
the Beautification of Winter Springs Board shall
meet and organize and shall elect from among the
membership a chairman, a vice-chairman, and a
secretary, whose terms of office shall be for the
period of one (1) year or until their successors are
elected by the members of the board. The Beau-
tification of Winter Springs Board shall conduct
such meetings as may be necessary t<;> properly
perform its duties and functions and shall estab-
lish rules or bylaws to govern the manner ill
which its meetings and affairs are conducted.
(Ord. No. 459, * 3, 5-22-89)
Sec. 2-79. Duties; expenditures.
(a) The Beautification of Winter Springs Board
is empowered and directed to consider and study
the entire field of beautification in the city, and
shall advise, counsel and consult with the city
commission and the city manager in connection
with the beautification and preservation of natu-
ral beauty of the city. The BOWS board shall
consider all matters submitted to it by the city
commission or the city manager, and shall offer
suggestions and recommendations on its own
initiative in regard to the beautification and clean-
liness of city properties. It shall receive petitions
and suggestions from the citizens of the city, and
shall cooperate with civic groups, garden clubs,
governmental agencies and other organizations
regarding beautification, conservation of natural
beauty, and related subjects.
(b) The members of BOWS shall be compen-
sated in accordance with the manner and proce-
dure set down by the city commission.
(Ord. No. 459, * 4, 5-22-89)
Sec. 2-80. Master beautification plan; recom-
mendations to city commission.
(a) It is the purpose of the Beautification of
Winter Springs Board to prepare a master plan
for the overall beautification of the city with
92-83
regard to those areas owned by the city, and
recommendations to private owners. This board
shall work with other civic groups and govern-
mental agencies within the environmental limits
of the city such as the following:
(1) Approaches to the city;
(2) Surrounding county areas which affect
the impressions of visitors and citizens of
the area with regard to the city.
(b) BOWS shall recommend to the city commis-
sion such overall projects as seem warranted, but
shall refrain from making individual specific rec-
ommendations. BOWS shall not concern itself
with the day-to-day affairs of normal city func-
tions, but shall, upon request of the city commis-
sion, make specific recommendations.
(Ord. No. 459, S 5, 5-22-89)
ARTICLE IV. ELECTIONS'"
Sec. 2-81. Election supervisor.
The city clerk is hereby designated the super-
visor of elections for the city.
(Code 1974, S 2-27)
Sec. 2-82. Proclamation.
The mayor shall issue a proclamation calling
the municipal elections provided for in this article
and at least sixty (60) days prior thereto. The
proclamation shall be published in a newspaper of
general circulation in this city once each week for
four (4) consecutive weeks prior to the municipal
election.
(Code 1974, S 2-29)
Sec. 2-83. Municipal elections to be general
elections.
Municipal elections held as provided in this
article shall be general municipal elections and no
other municipal primary or general election shall
be necessary. The successful candidates deter-
mined as provided in this article shall be the duly
'Cha,.tcr rcfc,'cnccs--City cOlllmission election and terms,
S ,1.0:3: nominations :lJld elect.ions, ~ 8.01 el. seq.
C"oss ,'cfcl'cnce-Cil.y commission. ~ 2-26 el seC].
145
92-8:1
WINT8R SPRINGS CODE
elected officers for their respective offices and
shall take office on the first Monday after the first
day of December next succeeding the election.
(Code 1974, ~ 2-30)
Charter rcference-8lection date. 94.03.
Sec. 2-84. Determination of person elected.
The person receiving the highest number of
votes cast for one (1) office is elected to the office.
If there should be more than two (2) candidates
for anyone (1) office, and two (2) candidates
receive an equal and highest number of votes cast
in the municipal election for the same office, then
the two (2) candidates receiving an equal and
highest number of votes cast shall run again in a
runoff municipal election. The runoff election
shall be held fourteen (14) days after the initial
election and the candidate receiving the majority
of the votes cast at such runoff election shall be
elected.
(Code 1974, S 2-31)
Sec. 2-85. Election boards.
The mayor shall appoint an election board for
the municipal elections herein provided for. The
names of the members of such election board shall
be included in the proclamation for the holding of
the municipal elections. The mayor shall fill any
vacancy in the election board by appointment.
The compensation of such boards shall be set by
the city commission. The duties and responsibili-
ties of the election board shall be those as stated
in F.S. ch. 102, for state offices. In years when the
county supervisor of elections conducts the mu-
nicipal election, the supervisor shall appoint the
election board, shall fill any vacancy and shall set
the compensation of the election board.
(Code 1974, ~ 2-32)
Sec. 2-86. Nonpartisanship required.
Municipal elections shall be nonpartisan and
all officers shall be elected without reference to
their political faith or party affiliations.
(Code 1974, ~ 2-33)
Sec. 2-87. Qualification of candidates.
E3ch candidate seeking the office of city com-
missioner or mayor or any other elective office of
the city shall file a petition signed by fifteen (15)
registered voters of the city with the city clerk.
Each candidate seeking the office of city commis-
sioner or mayor of any other elective office of the
city shall have resided in the city one (1) year
prior to the time of qualifying. Each candidate
seeking the office of city commissioner shall be a
resident of a designated commission district as
established by ordinance and shall have resided
in the designated commission district six (6) months
prior to the time of qualifying. Notwithstanding
the above requirement, city commissioners shall
run at large as commission candidates under
district designation. All candidates for office in
municipal elections shall be registered and qual-
ified electors of the city at the time of their
qualifying as a candidate with the city clerk and
shall file an application designating the office for
which he/she is a candidate and pay the qualify-
ing fee provided for in section 2-88. Such applica-
tion shall be filed and the qualifying fee paid
between the first day of September and the fif-
teenth day of September, during which the office
shall be open for qualifying for election.
(Code 1974, S 2-34; Ord. No. 494, S 2, 8-13-90)
Editor's note-Provisions of Ord. No. 494, 9 2, adopted
Aug. 13, 1990, amended 9 2-87 to read as herein set out and
were approved by the ,'oters at an election held Nov. 6, 1990.
Sec. 2-87.1. Vacancy in candidacy.
(a) If the death, withdrawal or removal of a
qualified candidate following the end of the qual-
ifying period results in only one candidate remain-
ing on the ballot for that office, the remaining
candidate shall be declared elected and no elec-
tion for that office shall be required.
(b) If the death, withdrawal or removal from
the ballot of a qualified candidate following the
end of the qualifying period results in no candi-
dates for an office, and if a vacancy shall result on
the city commission, such vacancy shall be filled
in accordance with section 4.08(c) of the Charter
of the City of Winter Springs, Florida.
(c) A candidate withdrawing or being removed
from the ballot after having qualified and paid the
qualification fee shall not receive a refund of the
qualifying fee.
(Ord. No. 509, * 1, 9-23-91.)
146
(
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ADMINISTRATION
Sec. 2-88. Qualifying fees.
All candidates for city commission and mayor,
qualifying as provided in this Code, shall pay a
qualifying fee of one hundred fifty dollars ($150.00).
The qualifying fee shall be paid to the city clerk
and be paid by the clerk into the general fund of
the city.
(Code 1974, S 2-35)
Sec. 2-89. Registration of voters.
Voters in a municipal election shall be regis-
tered in the manner provided for by the General
Laws of Florida as set out in Florida Statutes,
Chapters 97 and 98. All voters residing within the
municipal limits of the city and registered by the
supervisor of elections to vote in the county, shall
be eligible to vote in all municipal elections.
(Code 1974, S 2-36)
State law reference-Qualifications of municipal elec-
tors, F.S. 9 166.032.
Sec. 2-90. Voting places.
In those years when the city conducts the
election not in conjunction with the county elec-
tion, voting places for municipal elections shall be
designated by the city commission. The location of
the voting places shall be included in the mayor's
proclamation called for by section 2-82 above. In
the event there should be a runoff election, the
same voting places shall be used.
(Code 1974, ~ 2-38)
Sec. 2-91. Voting machines.
Voting machines shall be used for voting in the
municipal elections provided for in this article in
the same manner as such machines are used for
voting in state and county elections.
(Code 1974, S 2-39)
Sec. 2-92. Absentee voting.
Absentee voting in the municipal elections pro-
vided for in this article shall be permitted and
governed by F.S. ~S 101.62 through 101.70.
(Code 1974, S 2-40)
Supp. No.2
92-115
Sec. 2-93. Canvass of return.
In those years when the city conducts the
election not in conjunction with the county elec-
tion, returns shall be canvassed by the city can-
vassing board designated to canvass the returns
in municipal elections. Such city canvassing board
. shall consist of the city clerk and two (2) members
of the city commission to be designated by the
commission. The canvassing board shall canvass
the returns and issue their certificate pursuant to
F.S. chs. 101 and 102 and issue its certificate of
election to the successful candidate. The certifi-
cate of the canvassing board shall be issued in
triplicate; one (1) copy to be deposited with the
city clerk, one (1) copy shall be delivered to the
city commission, and one (1) copy shall be posted
on the public bulletin board in the city hall. Such
certificate shall be recorded in the minutes of any
meeting of the city commission held immediately
following the filing of the certificate. In years
when the county supervisor of elections conducts
the municipal election, the county canvassing
board shall be designated to canvass the retums
of the municipal election.
(Code 1974, ~ 2-41)
Sec. 2-94. Applicability of Code to election
where questions are submitted.
At all elections at which any question is sub-
mitted to the electors, including bond issues, this
article shall apply to the extent that it can be
made applicable and is not preempted by the
general election laws of the state.
(Code 1974, ~ 2-42)
State law reference-Bond referendum, F.S. 9 100.201 et
seq.
Sec. 2-95. Additional duties of city clerk.
The city clerk is authorized and directed to
have prepared such forms and perform such min-
isterial duties as are required by this article by
necessary implication in order to accomplish the
objectives of this article, and the intent of the city
commission in adopting it.
(Code 1974, 9 2-43)
Sees. 2-96-2-115. Reserved.
147
9 2-116
WINTER SPRINGS CODE
ARTICLE V. ANNEXATIONS AND
REZONING*
Sec. 2-116. Annexation fees.
(a) All applications for annexation of property
into the city shall be accompanied by an annex-
ation fee. Such fee will be established by resolu-
tion of the city commission, pursuant to the
authority of this section.
(b) The annexation fee shall be used to pay the
costs of annexation and any additional costs re-
lated thereto.
(Code 1974, ~ 2-1)
Sec. 2-117. Waiting period for annexation or
rezoning of property.
No parcel of property shall be considered fur
annexation into the city, nor shall any parcel of
property within the city be considered for rezon-
ing, for a six-month period of time following the
denial of a petition for annexation or rezoning;
provided, however, that the six-month waiting
period may be waived by the city commission.
(Code 1974, ~ 2-1.1)
Sees. 2-118-2-135. Reserved.
)
ARTICLE VI. FINANCEt
DIVISION 1. GENERALLY
Sees. 2-136-2-150. Reserved.
DIVISION 2. PURCHASING:j:
-~'" 2-151. Purchasing policy and proce-
dure established.
Unless otherwise provided by city charter, city
:::-~::-:____-:, or state or federal law, all city pur-
.Cross references-Buildings and building regulations,
=~_ 6; Ia.nd development, Ch. 9; streets, sidewalks and other
- .U' - :,~",-;c". Ch 17; zoning, Ch. 20.
State law reference-Annexation procedure, F.S. ch.
tCharter references-Independent audits, 9 4.12; flnan-
;;.: :'..:n:,o.~...-.~" ~,o;-,,o;..::,;.. 9 7.01 et seq.
Cross references-Licenses aJld business regulations,
10-1 et seq.; taxation, ~ 18-1 et seq.
State law references-Municipal finance and taxation,
~:~_ 9 166.201 et seq.; budget adoption, F.S. 9 200.065; ffiunic-
-, '"----,-. __.H___. F$ eh 218.
tEditor's note-Ord. No. 2000-15, ~ 1, adopted June 12,
":':'. Rmf'Illl...n former Div. :1, ~~ 2-151-2-153, in its entirety
No ?
chases shall be made pursuant to written uniform
purchasing policies and proced ures established
by the city manager. The city manager is autho-
rized to purchase or contract for aU commodities
and services required by the city which do not
exceed twelve thousand five hundred dollars
($12,500.00). All 'purchases or contracts for aU
commodities and services required by the city
which exceed twelve thousand five hundred dol-
lars ($12,500.00) shall be approved by the city
commission.
(Ord. No. 2000-15, ~ 1, 6-12-00)
Sec. 2-152. When written bids are required;
wai ver.
Unless otherwise required by city charter, city
ordinance, or state or federal law, competitive
prices for all purchases of commodities and ser-
vices shall be obtained by written bid, quote, or
proposal and the purchase made from, or the
contract awarded to, the lowest and best respon-
sible bidder. Notwithstanding any requirement
for obtaining written bids, quotes or proposals,
purchases may be made by: (i) cooperating with
other governmental entities in soliciting compet-
itive bids, quotes or proposals; (ii) using compet-
itive bids, quotes or proposals received by other
governmental agencies, provided they were made
within one year of the date the city proposes to
use them; (iii) using a current contract previously
awarded to another governmental agency; (iv)
using a purchase card, provided the purchase
complies with the city's purchase card guidelines;
(v) using a sole source vendor; (vi) negotiating
directly with a provider of professional services;
and (vii) declaring a purchase an emergency;
provided said purchases are allowed by city char-
ter and state and federal law and deemed in the
best interests of the city by the city commission or
the city manager for purchases within the city
manager's spending authority.
(Ord. No. 2000-15, S 1, 6-12-00)
Sees. 2-153--2-190. Resel'ved.
to read as herein set out. Fonner Div. 3 pertained to similar
subject matter and derived from the Code of 1974 aJld the
following: Ord. No. 564, 9 1,7-25-9-1; Ord. No. 691, ~ I, 12-8-97.
148
ADMINISTRATION
9 2-191
DMSION 3. CITY-OWNED PERSONAL
PROPERTY
Sec. 2-191. Definition of property.
The word "property" as lIsed in this division
means fixtures and other tangible personal prop-
Supp. No.2
148.1
ADMINISTRATION
~ 2-25]
erty of a nonconsumable nature, the normal ex-
pected life of which is one (1) year or more as
determined by the custodian of the property as
hereinafter provided which property is owned by
the city.
(Ord. No. 421, ~ I, 6-13-88)
Sec. 2-192. Identification; record; inventory.
(a) Each item of property which it is practica-
ble to identify by markings shall be marked in a
manner in accordance with standard auditing
procedures.
)
(b) The city manager shall be responsible for
maintaining on behalf of the city an adequate
record of property. Such records shall contain
information in accordance with standard auditing
procedures.
(c) A complete physical inventory of all prop-
erty shall be taken annually and the date inven-
toried shall be entered on the property record.
The city manager shall take an inventory of
property in the custody of a custodian whenever
there is a change in such custodian. The inven-
tory shall be compared with the property record
and all discrepancies will be traced and recon-
ciled.
(Ord. No. 421, SS II-IV, 6-13-88)
Sec. 2-193. Property supervision and con-
trol.
)
The city manager shall be primarily responsi-
ble for the supervision and control of property, but
may delegate to a custodian its use and immedi-
ate control and may require custody receipts. The
city manager may assign to or withdraw from a
custodian the custody of any of the property at
any time. If the custodian is an officer elected by
the people, the property may not be withdrawn
from that person's custody without that person's
consent. Each custodian shall be responsible to
the city manager for the safekeeping and the
proper use of the property entrusted to the
custodian's care. If the city manager or the custo-
dian is not a bonded officer, the city commission
may require from the custodian a bond condi-
tioned upon such safekeeping and proper use of
the property.
<Ord. No. 421, * V, 6-13-88)
Sec. 2-194. Disposal of sUI'plus propcr.ty.
Property of the city that is obsolete or the
continued use of which is uneconomical or ineffi-
cient or for which there is no useful function
which property is not otherwise lawfully disposed
of may be disposed of fOI- value to any person or
may be disposed of for value without bids to the
state or if the property is without commercial
value it may be donated, destroyed or abandoned.
Property deemed surplus by the city manager
shall be sold at public auction after publication of
notice not less than fifteen (15) days prior to sale.
(Ord. No. 421, SS VI-VIII, 6-13-88; Ord. No. 504,
* 1,6-10-91)
Sees. 2-195-2-249. Rescr'ved.
ARTICLE VII. EMERGENCY
MANAGEMENT
DIVISION' 1. GENERALLY
Sec. 2-250. Intent.
(a) It is the intent of this article to provide the
necessary organization, powers, and authority to
enable the timely and effective use of all available
city resources to prepare for, respond to, and
recover from emergencies, natural and manmade,
likely to affect the security, safety or health ofthe
City of Winter Springs and its residents, whether
such events occur within or without the corporate
limits of the city.
(b) Nothing herein shall be intended to relieve
city departments of their normally assigned du-
ties, responsibilities and functions.
(c) Nothing herein shall be construed as a
delegation of authority to abridge or diminish the
legislative or administrative powers of the city
commISSiOn. .'
<Ord. No. 550, * I, 10-11-93)
Sec. 2-251. Definitions.
As L1sed in this article:
Eme,gency shall mean a condition which threat-
ens or adversely affects the public health, safety
or security and which is or threatens to be beyond
149
~ 2.251
WIN'!'/:;I;: sprUNC;::; COlli';
the control of those public and private agencies
normally responsible for the management of such
a condition, resulting from an act or threatened
act of war, riot, terrori.sm, mob or other act of
violence; from a weather event such as f1ood,
hurricane or tornado; from a disruption in the
city's utility system; or from any other calise.
Normal average retail price shall mean the
price at retail for merchandise, goods, or services
at which similar merchandise, goods, or services
were being sold during the ninety-days immedi-
ately preceding a declaration of public emergency.
(Ord. No. 550, ~ I, 10-11-93)
Sec. 2-252. Applicability of provisions.
All officers, employees, contractors, vendors,
boards, commissions, authorities, and other agen-
cies of the city are subject to the provisions of this
article.
(Ord. No. 550, ~ I, 10-11-93)
Sec. 2-253. Emergency management struc-
ture.
(a) The city manager shall perform the func-
tion of director of emergency management, and
shall implement, manage, and report on all ac-
tions authorized and taken under the provisions
of this article.
(b) The city manager shall appoint a coordina-
tor of emergency services whose duties shall in-
clude the on-going planning for and coordination
of those actions necessary to the creation and
maintenance of an effective emergency response
capability to prepare for and manage emergency
conditions.
(c) There shall be an emergency management
coordinating committee composed of the depart-
ment directors or their designated representative
which shall be chaired by the coordinator of
emergency services or his or her designated rep-
resentative.
(Ord. No. 550, ~ I, 10-11-93)
Scc. 2-2;;4. POWCl'S, duties, and responsibil-
itics.
(a) The city manager, when acting as the di-
rector of emergency management, shall have the
following powers, duties and responsibilities:
(1) To declare a state of emergency or to
recommend the declaration of a state of
emergency by the city commission, and to
inform the city commission of the reasons
for and status of events requiring the
declaration;
(2) To direct the creation, revision, and exer-
cise of emergency response plans conform-
ing to state and county emergency plans
for the mitigation of, preparation for, re-
sponse to, and recovery from emergencies;
(3) To direct the efforts of the emergency
management coordinating committee in
the preparation for, response to, and re-
covery from emergency conditions;
(4) To recommend a budget for the creation
and maintenance of an emergency re-
sponse capability as provided herein;
(5) To promulgate emergency regulations nec-
essary to the protection of life and prop-
erty, establishment of public order, and
control of adverse conditions affecting pub-
lic welfare resulting from an emergency.
(b) The coordinator of emergency services shall
have the following responsibilities and duties:
(1) To supervise the development and main-
tenance of city emergency plans, includ-
ing annual updates;
(2) To chair the emergency management co-
ordinating committee;
(3) 1b plan for and develop an emergency
operations control center to include equip-
ment, manning, and operational proce-
dures necessary to the management and
control of emergency conditions;
(4) To develop and manage the city's emer-
gency awareness public information pro-
gra Ill.
150
(
(
ADiVllNISTHATION
!i 2-2S6
(c) The emergency management coordinating
committee shall have the following responsibili-
ties and duties:
(1) To function as the emergency manage-
ment agency during a declared emer-
gency;
(2) To assist in the creation, reVISIOn, and
exercise of emergency plans;
(3) To advise the director of emergency man-
agement of requirements for resources
necessary to the creation, maintenance,
and exercise of a capable, efficient emer-
gency response capability.
(Ord. No. 550, ~ I, 10-11-93)
Sec. 2-255. Declaration of a state of emer-
gency.
)
(a) The mayor, deputy mayor, city manager, in
the order named, shall have the authority to
declare a state of emergency by proclamation.
Upon the absence or unavailability of the mayor,
the deputy mayor may issue such a declaration,
and upon the absence or unavailability of the
mayor and the deputy mayor, the city manager
may issue such a declaration.
(b) Any declaration of a state of emergency
and all emergency regulations activated under
the provisions of this article shall be confirmed by
the city commission by resolution within five (5)
working days of such declaration or at the next
regularly scheduled meeting of the city commis-
sion, whichever occurs first, unless the nature of
the emergency renders a meeting of the city
commission extremely impractical. Confirmation
of the emergency declaration shaU disclose the
reasons for, anticipated impacts of, actions pro-
posed and taken to manage the emergency, and
other pertinent data relating to the emergency
requiring the declaration.
(c) Emergency resolutions authorized by this
article shall include but are not limited to the
following subjects:
Resolution Subject
A Evacuation
Resolution Subject
B Curfews; declaration of areas off
limits
C
Suspension or regulation of sale of
alcoholic beverages, firearms, explo-
sives or combustibles
D
Prohibiting the sale of merchan-
dise, goods or services at more than
the normal average retail price
Water use restrictions
E
F
Suspension of local building regu-
lations
G
Rationing of fuel, ice and other es-
sentials
H
Emergency procurement procedures
(d) A declaration of a state of emergency shall
activate the emergency plans applicable to the
city.
(e) A state of emergency, when declared as
provided herein, shall continue in effect from day
to day until declared to be terminated.
CD Upon the declaration of a state of emer-
gency, the city manager shall post a written notice
of such declaration upon the main bulletin board
in the city hall, and shall notify by telephone not
less than two (2) newspapers of general circula-
tion within the city, at least three (3) television
stations and at least three (3) radio stations
broadcasting in Seminole County. When practica-
ble, the city manager shall also cause the written
notice to be published, in its entirety, at least one
(1) day each week in a newspaper of general
circulation in the city until the state of emergency
is declared to be terminated.
(Ord. No. 550, S I, 10-11-93)
Sec. 2-256. Termination of a state of emer-
gency.
A state of emergency shall be terminated upon
the certification of the officer or agency request-
ing the declaration of the state of emergency that
the conditions leading to or causing the emer-
gency conditions no longer exist and that the
151
~ 2-25G
\VINTEll SPW!\il;S CODE
city's agencies and departments are able to man-
age the situation without extraordinary assis-
tance. Notice of such termination shall be made to
the public by the city manager by the same means
as the notice of the declaration of the state of
emergency.
(Ord. No. 550, ~ I, 10-11-93)
Sees. 2-257-2-260. Resel'ved.
DIVXSION 2. CONDITIONS OF EMERGENCY
Sec. 2-261. Weather emel'gencies.
(a) A public emergency may be declared be-
cause of weather conditions when the National
Weather Service or a state, county or local emer-
gency management agency informs the city or the
public that emergency conditions resulting from
meteorological conditions are present or are im-
minent. Meteorological conditions covered by this
section include but are not limited to hurricanes.
floods, tornadoes, other severe weather conditions
and the results therefrom.
(b) Reserved.
(Ord. No. 550, ~ I, 10-11-93)
Sec. 2-262. Public emergencies.
(a) A public emergency may be declared be-
cause of utility conditions when the directOl- of
utilities certifies to the city manager that:
(1) A condition exists or is imminent that
endangers the safety, potability, quantity,
availability, transmission, distribution,
treatment, or storage of water through or
within the city's water utility system; or
(2) A condition exists or is imminent that
endangers the safety, quality, quantity,
availability, transmission, distribution, or
storage of gas through or within the city's
gas utility system; and
(3) Extraordinary actions to control and cor-
rect the situation are required, including
but not limited to emergency purchase;
call.in of off-duty personnel; :1ssistance by
other communities ancl agencies; and other
like actions.
(b) Declaration of a public emergency because
of utility conditions shedl authorize the issuance
of emergency resolutions A, 13, E and H, as Illay be
req u ired.
(Ord No. 550, ~ r, 10-11-93)
Sec. 2-263. Fi,'e emergencies.
(a) A public emergency may be declared be-
cause of fire when the fi re chief certifies to the ci t.y
manager that an actual or potential condition
arising from fire, explosion, chemical spill, build-
ing or bridge collapse, or plane, train, or other
vehicle accident requires extraordinary measures
for control, including but not limited to calling out
of ofT-duty and reserve personnel; evacuation; and
other like actions.
(b) Declaration of a public emergency because
of fire shall authorize the issuance of emergency
resolutions A, B, E and H, as may be required.
(Orc!. No. 550, * I, 10-11-93)
Sec. 2-264. Suspension of local building reg-
o ulations.
The city manager may authorize the suspen-
sion of local building regulations during and fol-
lowing a declared state of emergency when the
building official certifies that such action is nec'
essary to the expeditious restoration of property
damaged by the emergency event. Such suspert-
sian of building regulations may be applied on a
case-by-case basis as required to remedy specific
conditions and to facilitate the provision of emer-
gency housing to disaster victims. The building
official shall specify the provisions of the building
code to be suspended and the reasons therefore
when certifying the necessity of such suspension
to the city manager.
COrel. No. 550, ~ I, 10-11-93)
Sec. 2-265. Certificatio'n of emel'gency con-
ditions.
A certification of emergency conditions to the
city manager may be verbal but each verbal
certification shall be confirmed in writing within
twenty-four (24) hours following an emergency
declaration.
COrd. No. 550, ~ I, 10-11-9:3)
lThe next p;'gl' is 2o:l1
152
ATTACHMENT
"C"
CITY OF WINTER SPRINGS
2002 MUNICIPAL ELECTION
J - AFFIDA VlT OF RESIDENCY - CITY
CITY COMMISSION - MAYOR
SEAT TWO
SEA TFOUI~
Cin.:lt \Vhil,.'h j\ppIiL'~ To C:lIIdida('}'
"Each candidate seeking the office of city commissioner or mayor of any other elective office of the city shall have resided in the city one (I)
year prior to the time of qualifying." 12-87. Code of Ordinances, City of Winter Springsl
do hereby stale that I seck nomination to the City of Winter
/,
N;IlIlC: of Calldid:lh..' f Pk~:J:'1...' Prilll (If' T., Ill')
Springs City Commission - IVhl~'or Seal Two Seat Four. a four (4) year term. in the election to be held
Cin:k Sl':ll \\'l1i,:h :\pplil...'~ To Calldid:l\...~
in the City of \Vinter Springs. Florida. on Tuesday. November 5.2002. I, further state that:
(I) My legal place of residence is:
(2) Length of time of residency in Winter Springs is:
(3) I am attaching the following doculllent(s) as verification of my length of residency in the City of Winter
Springs. The document is:
Sign:lIl1f"C: of Candidall...'
Street Address
City
StOIC
Zip Code
ST.4 TE OF FLORIDA
COllNT!' OF
Sworn to (or ~ffinn~d) and subscribed. under penalties nfpcrjury. bcft1rc mc this
day or
. 200__ by
(Print Namc of Pcrson Making Slal~mcnt)
Nntary Public - St~tc of Florida
Signalure ,)fNolUry Public
(S[,.\I.)
Print Nam~ of Notary Public
Prodl/c('d
Id('lIIi/rc(J{;rJl/
TJ'l)(' (!(/d('lIIif/clJ/ioll Prodllced
OR
l'er.l'Ol1a'~I'
l\"ou'/1
* * * * * * * ** * ** * * * * ** * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * *
FOR OFFICE USE ONL Y
D
Documentation Provided For Item (3).
Rcvised 07/30/02
CITY OF WINTER SPRINGS
2002 MUNICIPAL ELECTION
2 - AFFIDA VIT OF RESIDENCY - DISTRICT
CITY COM MISSION - SEAT TWO SEAT FOUR
Circle \"liil'h Applit:s To Calldidacy
"Each candidate seeking the office of city commissioner or mayor of any other elective office of the city shall have resided in the city one (1) year prior
to the time of qualifying." 12-87. Code of Ordinances, City of Winter Springsl
"Each candidate seeking the office of city commissioner shall be a resident of a designated commission district as established by ordinance and shall
have resided in the designated commission district six (6) months prior to the time of qualifying." 12-87. Code of Ordinances, City of Winter Springsl
do hereby stale that I seek nomination to the City of Winter
I.
N:Illh..' OfCWldidal"-' (Pkas~ Print ('If Type)
Springs City Commission - Seat Two Seat Four. a four (4) year IeI'm, in the election to be held
Circle Seiil Which Applies To C""did""y
in the City of Winter Springs. Florida. on Tuesday. November 5.2002. I, further state that:
(I) My legal place of residence is:
(2) Length of time of residency in Winter Springs is:
(3) Length oftimc of residency in District
of Winler Springs is:
(4) I am attaching the following document(s) as verification of my length of residency in District
and in Ihe Citv of Winter Springs. The document is:
Signal"re of Candid"'e
Slreel Address
City
State
Zip Code
STATE OF FLORIDA
COllN7T OF
Sworn 10 (or artinned) and subs~rihed. under penalli~s of perjury. he fore Ille this
_ day of
,200_, hy
(Prinl Nalll~ of Person Making Slatelllent)
NOlary I'ubli~ - Stat~ of Florida
Signature of Notary I'uhlic
(SL\I.)
Prinl Nalll~ (If Notary 1'1Ihli~
/)rodllccd
ON
/JerS(J/1(J/~\'
Idcllli/i'c(l/iOIl ._. ,__u,._
I)/JC o//delll!(icu'io/1/'rodllced __.____".____.__
A:no\l'1I
****** ** ** ** * ************ *** **** * *** * * * * * * * * ****** * *****
FOR OFFICE USE ONL Y
D
Documentation Provided For Item (4).
Revised 07/30/02
CITY OF WINTER SPRINGS
2002 MUNICIPAL ELECTION
3 - APPLICATION FOR OFFICE
CITY COMMISSION - MAYOR SEAT TWO SEAT FOUR
Circle \Vhich Applies To Candidacy
"All candidates for office in municipal elections shall be registered and qualified electors of the city at the time of their qualifying as a candidate
with the city clerk and shall file an application designating the office for which he/she is a candidate and pay the qualifying fee provided for in
section 2-88. Such application shall be filed and the qualifying fee paid between the first day of September and the fifteenth day of September,
during which the office shall be open for qualifying for election." 12-87. Code of Ordinances, City of Winter Springsl
"All candidates for city commission and mayor, qualifying as provided in this Code, shall pay a qualifying fee of one hundred fifty dollars
($150.00). The qualifying fee shall be paid to the city clerk and be paid by the clerk into the general fund of the city."
(2-88. Code of Ordinances, City of Winter Springsl
do hereby state that I am a registered and qualified elector of the
I.
Name orCamhdalt tPkasc Prinll1r Typi.:)
City of Winter Springs: and am applying for the office of City Commission - Mayor Scat Two Scat Four.
Circle Seal \Vhich Applies To CancliJ;lc~
a four (4) year term. in the election to be held in the City of Winter Springs, Florida. on Tuesday,
November 5. 2002. I fL1I1her agree to pay the following Qualifying Fee:
QUALIFYING FEE: $150.00
* ** ** ** ** * * ** ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
D
FOR OFFICE USE ONLY
Campaign Account Check In The Amount Of$150.00 Attached
Revised 07/30/02
CITY OF WINTER SPRINGS
2002 MUNICIPAL ELECTION
4 - ELECTION ASSESSMENT
~
CITY COMMISSION - MA YOR SEAT TWO SEAT FOUR
Circle \\'hich I\pplir::: Tu C<llldid;ICY
"Each person seeking to qualify for nomination or election to a municipal office shall pay, at the time of qualifying for office, an election
assessment. The election assessment shall be an amount equal to 1 percent of the annual salary of the office sought." '-
199.093 (I) Florida Statutes I
"Any person seeking to qualify for nomination or election to a municipal office who is unab'le to pay the election assessment without imposing
an undue burden on personal resources or on resources otherwise available to him or her shall, upon written certification of such inability
given under oath to the qualifying officer, be exempt from paying the election assessment." 199.093 (2) Florida Statutes J
I,
do hereby state that I am a registered and qualified elector of the
Nam\.' of Candida Ie (Pleasc Prillt or Type)
City of Winter Springs; and am applying for the office of City Commission - Mayor. Seat Two Scat Four,
Circle Seal Which Applies To Candidacy
a four (4) year term, in the election to be held in the City of Winter Springs, Florida, on Tuesday,
November 5,2002. I fUI1her agree to pay the following applicable Election Assessment:
ELECTION ASSESSMENT - MAYOR: $84.00 Ie
The Mayor Receives: $700.00 pcr month
$700.00 x 12 months =
The 1 'Yo Assessment Would Be: $84.00
or'
ELECTION ASSESSMENT - COMMISSIONER: $72.00
Each Commissioncr' Receivcs:
$600.00 x 12 months =
The I % Assessment Would Be:
$600.00 per. month
$7,200.00 annually
$72.00
* ** * * * * * * * * * * * * * ** * * * ** * ** * * ** * * ** * * * * * * * * * * * * * * * * * *** * *
FOR OFFICE USE ONLY
D For Office of Mayor - Campaign Account Check in the amount 01'$84.00 attached
or
D For Office of Commissioner - Campaign Account Check in the amount of $72.00 attached
or, if applicable
D Written Notice of "Undue Burden" provided
Revised 08/05/02
CITY OF WINTER SPRINGS
2002 MUNICIPAL ELECTION
5 - LOYALTY OATH
CITY COMMISSION - MA YOR
SEAT TWO
SEAT FOUR
Cin...I~ \Vhich t\ppli~s To L'andiJ;lcy
"All persons who now or hereafter are employed by or who now or hereafter are on the payroll of the state, or any of its departments and
agencies, subdivisions, counties, cities, school boards and districts of the free public school system of the state or counties, o"r institutions of higher
learning, and all candidates for public office, are required to take an oath before any person duly authorized to take acknowledgements of
instruments for public record in the state..." 1876.05 (I) Florida Statutes I
"Any person seeking to qualify for public office who fails or refuses to file the oath requir~d by this act shall be held to have failed to qualify as a
candidate for public office, and the name of such person shall not be printed on the ballot as a qualified candidate." 1876.07 Florida Statutes I
L
, a citizen of the State of Florida and of the United States
Name of Candidate- (PIl'ast.' Prillt or Type)
of America, and a candidate for public office. do hereby solemnly swear or amnn that I will support the
Constitution of the United States and of the State of Florida.
Sign;llun: or Candidah:
Street Address
Cily
Stale
Zip Code:
S7>t TE OF FLORIDA
COUNT!' OF
Sworn 10 (<)r anirrncd) and subscribed, undcr penalties ofpe~iur\'. hcf,)re me this
day of
.200_. by
{Print Name of Person Making Statement I
Notary Public - Slate of Florida
Signature of NOlary Public
(SEAL)
Print Name of Notary Public
Produced
011
Pasol/ol/1'
Idelll!(icoflOIl __
"/)"pc (!(ldcl1l!(icolilllll'roduced ___".___
Knowl1
Revised 07/30102
CITY OF WINTER SPRINGS
2002 MUNICIPAL ELECTION
6 - NOTICE OF TESTING OF TABULATING EQUIPMENT
CITY COMMISSION - MAYOR SEAT TWO SEAT FOUR
Cirrk Which Applies T,) Candidar.,'
"On any day not more than 10 days prior to the election day, the supervisor of elections shall have the automatic tabulating equipment publicly tested
to ascertain that the equipment will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test
shall be given at least 48 hours prior thereto by publication onee in one or more newspapers of general circulation in the county or, if there is no
newspaper of general circulation in the county, by posting such notice in at least four conspicuous places in the county. The supervisor or the municipal
elections official may, at the time of qualifying, give written notice of the time and location of such public preelection test to each candidate qualifying with
that office and obtain a signed receipt that such notice has been given." 1101.5612 (2) Florida Statutes I
NOTICE
Please accept this notice that the automatic ballot tabulating equipment to be utilized in the City of Winter
Springs, Florida Municipal Election (to be held on Tuesday, November 5, 2002) will be tested on:
SATURDAY, OCTOBER 26,2002
10:00 A.M. (E.S.T.)
The aforementioned test will be held at:
THE OFFICE OF THE SUPERVISOR OF ELECTIONS FOR SEMINOLE COUNTY
116 WEST FIRST STREET, SANFORD, FLORIDA 32771
(407) 665-7700
I e City of Winter Springs
P Qualifying Officer/Designee
58'" ...........................................
RECEIPT
do hereby acknowledge that I received written notice of
I.
Naill/: nfCandidalc (PicasI.:' I>rinl)
the date, time, and location where the above "Tesling of Tabulating Equipment" will be done. on this
day of
,2002.
Slgllalllr~' of Calldid;ll~
Revised 08/01/02
CITY OF WINTER SPRINGS
2002 MUNICIPAL ELECTION
7 - OATH OF CANDIDATE
CITY COMMISSION - MA YOR SEAT TWO SEAT FOUR
Ci!'elt: \Vhich Appli(':, To Cc:llluid;Il::Y
"Each candidate, whether a party candidate, a candidate with no party affiliation, or a write-in candidate, in order to qualify for nomination
or election to any office other than a judicial office as defined in chapter 105, shall take and subscribe to an oath or affirmation in writing.
A printed copy of the oath or affirmation shall bc furnished to the candidate by the officer before whom such candidate seeks to qualify.....
(99.021 (I)(a) Florida Statutesl
STATE OF FLORIDA
COUNTY OF
.. Before me, an officer authorized to adm in ister oaths, personally appeared
(Pkasc pril1lnalllC as you \\'ish il 10 appear on thL" hallot)
to me well known, who, being sworn, says that he or she is a candidate for the office of
City Commission Mayor Seat Two Seat Four: that he or she is a qualified elector of
County, Florida; that he or she is qualified under the Constitution and the laws of Florida [0 hold the ofj~ce to which
he or she desires to be nominated or elected: that he or she has taken the oath required by 55.876.05-876.10, Florido
Statutes,' that he or she has qualified for no other public office in the state, the term of which office or any part thereof
runs concurrent with that of the office he or she seeks; and that he or she has resigned from any off~ce from which he
or she is reg u ired to resign pursuant to s. 99.012, Florido Statules ."
Signalurc of Candidate
Street ,\ddrcS:'i
Cil)'
Slale
7.ip('(l(k
day of
,200
Sworn to and subscribed before me this
at Seminole County, Florida.
lSigll<llurt .IlH.llilk df(lflil'e!" adlllllll:'h:ntlg oath)
Reviscd 07/30/02
CITY OF WINTER SPRINGS
2002 MUNICIPAL ELECTION
8 - PETITION
CITY COMMISSION - MA YOR
SEAT TWO
SEAT FOUR
Cin.'h: S..::ll \\o'lIi\:11 t\pplic.:s To C:llIdic!al.::
"Each candidate seeking the office of city commissioner or mayor or any other elective officc of the city shall file a petition signed by fifteen (IS)
registered voters of the city with the city clerk." 12-87. Code of Ordinances, City of Winter Springsl
I,
do hereby state that I seek nomination to [he City of Winter
Name ofCandidalc (Please Prilll (\I" T~Vd
Springs City Commission - Mn)'or Sent Two Scat Four, a four (4) year tenn. in [he election to be held
Cirrlc Sea! \Vhi('h Applies Tt) C;:lll<.Jidacy
in the City of Winter Springs, Florida, on Tuesday, November 5,2002. I. further state that:
My legal place of residence is:
(I)
(2)
(3 )
Length of time of residence in Winter Springs:
Registered Voter:
Yes
No
Sl,:..:n:llllIC \..lrCandid.lIc
Slrt.:'cl I\ddr~s~
** ***************** ***************** ** *** ********
We, the undersigned qmtlified electors, residing in the City of Winter Springs, Florida, nominnte:
for the Cit)' of Winter Springs
Name ofCamtidatc.: (Please: Prim or Type)
City Commission - Mnyor Scat Two Sent Four.
Circle Seal Which Applies Tn Candidacy
NAME OF CANDIDATE:
CITY OF WINTER SPRINGS
2002 MUNICIPAL ELECTION
8 - PETITION
Page 2 of5
Name \)rC;l1ldidmc (Pk'(l~t' Prllll \11' Typ(.'J
NAME OF CANDIDATE:
CITY OF WINTER SPRINGS
2002 MUNICIPAL ELECTION
8 - PETITION
Page 3 of 5
N~lIlh.: l,lrC<tIHJid;lli..' {I'I'::I:'(' Prilll (II" T~Vl".'1
NAME OF CANDIDATE:
CITY OF WINTER SPRINGS
2002 MUNICIPAL ELECTION
8 - PETITION
Page 4 of5
Nalllr.' 1)1' (',llldiclale {Pk'(l:,c Print or Typ\.',
NAME OF CANDJI)ATE:
Revised 07/31/02
CITY OF WINTER SPRINGS
2002 MUNICIPAL ELECTION
8 - PETITION
Naml' or L'alldHlalL' i Pk,,:,\.' l'r;111 01 Typ\.' J
Page 5 of5
CITY OF WINTER SPRINGS
2002 MUNICIPAL ELECTION
9 - SIGNATURE PAGE
CITY COMM ISSION - MA YOR
SEAT TWO
SEAT FOUR
Circle Which Applies To Candidacy
1).11....
L
have this date received the following forms and information, in addition
Nalll~ pI' <. '~lIIdidah: (l'ka~I..' Prilll (If l~ !ll"
[0 any election materials that I may have pre\'iously received from this 'office:
I - ",\f1id;l\ il or Re,idcncy. Cil"'" '\"i'I!',' ,'''1''1 i,'h') '''gl/('d "1!i'OIlI of/h,' (1110 !I!} 'II I,\!. (,1!lIca /)(:I<I.\'(j nIL (jC',.II.II-T/.\'(I I'EI<IO/)),
2 - "Ar'lida\il or Re,idellc~ - Dislrid" (Ollly Fo,. COllllllissioll S,'als)
1\/](....' bl' ..:O/ll/'/t',j.d .Hglh'd U1 /,.Off' 01 1111 '~l;(di'f\'tu,':' ()I//, ~''- Of RI.\"O: i II/!~' (!I.',I!./J-T/,\'(j !'r:N/()f)).
3. "Applieali"1l For Oi'lice'" (\\'ilh Chc\'k dra'\'Il rr"1l1 Campaign ,\eC\\UllI)
I!-'I/'IIIIIIIIS( 1>" CUIII/,I,'h'd slglh'd III li'''IiI ul Ih, ',IIIU.'I '\ 'II,>: (,Iffi,\'f' I.l( RI.\'(j r/le f...!( ,/ I.I/-,),/.\'(I I'EI<IO/)./.
4 - "Ekclion I\SSeSSlllel1l'" (\\'ith Check dra"'n rfl\1ll Call1paignl\ccounl) "rIN"liec or "lJndue I.Jurden"l
(FIII"/11I11I1-,( he l'oll/l,lelL'l1 sl,-':lIed III.fmlll,;! (h,' QII,dl.'\'iI)!! ()!!icer 111'1<1,\'(; nllc' f...!1 '.,11 I/,')'/.\'(; I'/:'RI()!)/.
"Chapler 1. ,\dministralion" 1r.1111 the Cil~ (lrWillll'r Springs ('ode oi"OrdinanceS
"Chartd' ,Iflhe (,il\ ()r Winlcr Springs
Cil" or Winter Spring, Restllulion Numher '20
COllllllissi,'nl\n Elhics Inl,)I'(nalion
Distriel ,,'fap or the Cil' or Winler Spring,
"FI"rida Voluntary ("'lk or Fair ('ampai~n l'r;lClices"
"Form I" ·
"(iencrallnl(mn:uion" Sheell \\'ilh Rl.'porlin~ Dall'S)
5 - "Lllyalty Oalh'" ('\I/I,\'( he (,o/llpleted .I'1,l'IIC'd Inli'(l/II l!f Ihe Q/loh/.i'ing O(ll('el" OUI?f:\'G nil: QUAUF)'/,\'C pr;RIODJ,
6 - "NOlice Oi"TeSling OrTahulaling Equipnwu'" '\!II.1" he m'n/,Ie/ed -'i.>:lIed iIlF,)il( oflhe (j/lol!/)'illg O{!tcer f)(!RI,\'C TfIE QUAUF)'ING PERIOD),
7 - "Oalh OrCandidatl.'''' {l/lIst he COlllf'/i'Il'd"!,lIc''! 1I'./;'/lI/! ,,{(he Qllol!;)'/II!, (,~(ficer OUUXG TfIE QL AUI.T/'\'(I l'ERfO!)/,
X - "Pelition" .
Political Signs - Section 16-80.. from the: City ur \Villtl.'I' Springs C\)c!c of Ordinances
"Rl.'sign 10 Run" Inforlllation including ku.:r li'om ('ii' .'\I1"f1le~', Anlhon,' 1\, Garganl'$e
106,15 (4) norida SraIU(eS (Accepting Polilical Conlrihutions in GOl'ernmellll3uildings)
<J - "Signature Puge" *
NOTE: The informalion pfllvilkd 10 y"U in Ihis packet. and the documcnl, listed ,\n Ihis shect. arc provided 10 you fix inl()fInational purposes,
and arc nol intcnded III he an exclusive padet or inl"rmati.\n pertainin~ 10 Ihe year 2002 Cil)' oi" Winter Springs Election, Pkase refer to applieahle
local. Slate. and federal del'l ion Ia\\'s for more dClails re~arJing qualil:- ing and rllnning I"l' a Seal on Ihe Cil)' of Winler Springs' Cit\, Commission.
I.
understand that it is my responsibility to read, understand, and
Nclllh: or Candidal": (Pka:,c: Pnlll or TYl1l.')
comply with 011 laws as they apply to [he 2002 City or Winter Springs Municipal Election.
Signature.: or Candid:l1l'
. For rhr Offin' of \lay"" - the ill.'IlIS "ilh all asterisk and Ihe I'onlls Ilulllhncd I. ~ -9,\11 iST lIE turncd in 10 thc Qualifying Or'liccr/Dcsigllce DURIN(j TIlE
()ll,\I.IFYIN(j I'''RIOD. a/ollg "ilh Ih~ olher il~IlIS li>l,'d aho, c',
'For th,' Office of ('ommissioll('r . rhe ilelll, "ith all aSlcn,k :ll1Cllhe lilnlls IlUlllh~lcd I . 'I MUST liE turned in 1,1 Ihe Qualirying Oniccr/Dcsigllee DIIRING
'III J: ()l !;\I.IFYIN(i I'''RI( lD, alollg lI'ith the other ilelllS liq~J ah"",
Revised 08/05102