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HomeMy WebLinkAbout2000 12 19 Charter Review Committee Regular Meeting Agenda - Second Draft Proposed Charter CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 AGENDA CITY OF WINTER SPRINGS CHARTER REVIEW COMMITTEE MEETING TUESDAY, DECEMBER 19, 2000 8:00 P.M. CITY HALL - EAST TRAINING ROOM I. CALL TO ORDER Roll Call II. PROJECT TEAM - DRAFT CHARTER REVIEW III. ADJOURNMENT * PUBLIC NOTICE * This is a public meeting, and the public is invited to attend. One or more members of the City Commission may attend this meeting and may participate in discussions. This Agenda is subject to change. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs, 48 hours in advance of the meeting at (407) 327-1800, per Section 286.26 Florida Statutes. Persons are advised that if they decide to appeal any decisions made at these meetingslhearings they will need a record of the proceedings and for such purpose, they may need to insure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based per Section 286.0105 Florida Statutes. , 1 SECOND DRAFT PROPOSED CHARTER CITY OF WINTER SPRINGS, FLORIDA Editorial Note: Shaded text represents material that The Charter Advisory Committee decided to delete from the first draft, dated November 14, 2000. The bold underlined text represents changes or new provisions that the Charter Advisory Committee decided to include in the second revised draft. Florida Institute of Government University of Central Florida Orlando, Florida December 19, 2000 . ARTICLE I NAME, POWERS, BOUNDARIES Section 1.01. Corporate Name The name of the municipality hereby established shall be the "City of Winter Springs." Section 1.02. Powers. (a) The City of Winter Springs (hereinafter at times referred to as the "City") shall be the legal continuation of and successor to said City as heretofore incorporated and shall have all powers now vested in the City and now or hereafter granted to municipal corporations under the constitution and laws of the State of Florida as fully and completely as though they were specifically enumerated in this charter. (b) The City shall be vested with all the powers granted to municipalities in Florida under the provisions ofthe "Municipal Home Rule Powers Act," in Sections 166.011 through 166.049, Florida Statutes, as now or hereafter amended. (c) The City shall be vested with all of the powers of annexation as set forth in Chapter 171, Florida Statutes, as now or hereafter amended. Section 1.03. Boundaries The corporate boundaries of the City shall be the same as those of the City of Winter Springs as provided by law and existing on the effective date of this charter or as hereafter lawfully changed. The present corporate boundaries of the City, as amended. are set forth in Appendix A of this charter, which is incorporated herein by reference. 2 Article II COUNCIL Section 2.01. General Powers and Duties. All powers of the City shall be vested in the council, except as otherwise provided by law or this charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law. Section 2.02. Composition, Eligibility, Election and Terms. (a) Composition. There shall be a council composed of the mayor and six (6) council members, elected by the voters of the City at large 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. Not more than one council member shall reside in each of the six (6) council districts provided for in Article VI of this charter. (b) Qualifications. Only qualified voters of the City shall be eligible to hold the office of mayor or council member. Qualifications for candidates for the offices of mayor or council member shall be as provided for in Section 6.02 of this charter. (c) Term Limits. The mayor and all council members shall be limited to three (3) full four (4) year terms of office to be served consecutively. Section 2.03. Mayor. The mayor shall preside at meetings of the council, vote as a member of the council, represent the City in intergovernmental relationships, appoint the members of citizen advisory boards and commissions with the advice and consent of the council, present an annual state of the City 3 message, and perform other duties specified by the council. 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 council 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 mayor's unexpired term. Section 2.04. Compensation; Expenses. The council may determine the annual compensation of the mayor and council members by ordinance, but no ordinance increasing such compensation shall become effective until the date of commencement of the terms of council members elected at the next regular election. The mayor and council members shall receive reimbursement for their actual and necessary expenses incurred in the performance of their duties of office. Section 2.05. Prohibitions. (a) Holding other office. Except where authorized by law, no council member shall hold any other elected public office during the term for which the member was elected to the council. No council member shall hold any other city office or city employment during the terms for which the member was elected to the council. No former council member shall hold any compensated appointive office or employment with the City until one year after the expiration of the term for which the member was elected to the council. Nothing in this section shall be construed to prohibit the council from selecting any current or former council member to represent the City on the governing board of any regional or other intergovernmental agency, or to prohibit any former council member from servin2 as a member of city advisory boards and commissions. (b) Interference with Administration. Except for the purpose of inquiries and investigations under section 2.09, the councilor its members shall deal with city officers and employees 4 who are subject to the direction and supervision of the city manager solely through the city manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. Section 2.06. Vacancies; Forfeiture of Office. (a) Vacancies. The office ofa council member shall become vacant upon the member's death, resignation, removal from office or forfeiture of office in any manner authorized by law. (b) Forfeiture of Office. A council member shall forfeit that office if the council member (1) Lacks at any time during the term of office for which elected any qualification for the office prescribed by this charter or by law, Violates any express prohibition of this charter, Is convicted of a felony, or (2) (3) (4) Fails to attend three consecutive regular meetings of the council without being excused by the council. Section 2.07. Judge of Qualifications. The council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be so notified by certified mail and shall be entitled to a public hearing on demand and notice of such hearing shall be published in one or more newspapers of a general circulation in the City at least one week in advance of the hearing. Decisions made by the council under this section shall be subject to review by the courts. 5 Section 2.08. City Clerk. (a) The council by a majority vote of its total members shall appoint an officer of the City who shall have the title of city clerk. The city clerk shall give notice of council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are provided by this charter, or by the councilor by state law. (b) The city clerk may be removed by a maiority vote of the total members of the council. Section 2.09. Investigations. The council 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 council shall be guilty of a misdemeanor and punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days or both. Section 2.10. Independent Audit. The council shall provide for an independent annual audit of all city accounts and may provide for more frequent audits, as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the' fiscal affairs of the city government or any of its officers. The council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, provided the designation for any particular fiscal year shall be made no later than six (6) 6 months after the beginning of such fiscal year. If the state makes such an audit, the council may accept it as satisfying the requirement of this section. Section 2.11. Procedure. (a) Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or of four (4) or more members and, whenever practicable, upon no less than twelve hours notice to each member. All meetings shall be public. (b) Rules and Journal. The council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. (c) Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Four (4) members of the council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. No action of the council shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the council. Section 2.12. Action Requiring an Ordinance. In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the council shall be by ordinance which: (1) Adopt or amend an administrative code or establish, alter, or abolish any city department, office or agency; (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; 7 (3) Levy taxes, except as otherwise provided in Article V, with respect to the property tax levied by the adoption of the budget. (4) Grant, renew or extend a franchise; (5) Regulate the rate charged for its services by a public utility, except telephone and telegraph companies and public utilities regulated by the Florida Public Service Commission; (6) Conveyor lease or authorize the conveyance or lease of any lands of the City; (7) Adopt without amendment ordinances proposed under the initiative power; and (8) Amend or repeal any ordinance previously adopted except as otherwise provided in Article VI with respect to repeal of ordinances reconsidered under the referendum power. Section 2.13. Ordinances in General. (a) Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject, which shall be clearly expressed in its title. The enacting clause shall be "The City of Winter Springs hereby ordains...." (b) Procedure. An ordinance may be introduced by any member at any regular or special meeting of the council. Upon introduction of any ordinance, it shall be read in its entirety; provided however, the reading may be by title only if all members of the council 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 often (10) days; provided however, this requirement may be waived by a unanimous vote of all seven (7) members of the council. All ordinances shall be posted in the city hall for thirty (30) days after their first reading. 8 (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 2.14. Authentication and Recording; Codification. The mayor and the city clerk shall authenticate by their signatures all ordinances and resolutions adopted by the council and the city clerk shall record in full in a properly indexed book kept for that purpose all such ordinances and resolutions. 9 Article III CITY MANAGER Section 3.01. Appointment; Qualifications; Compensation. The council by a majority vote of its total members shall appoint a city manager for an indefinite term and fix the manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications and shall serve at the pleasure of the council. Section 3.02. Removal. The council mav remove the city mana2er bv motion of the council reQuirin2 five (5) affirmative votes. Section 3.03. Acting City Manager. By letter filed with the city clerk, the city manager shall designate a city officer or employee to exercise the powers and perform the duties of city manager during the manager's temporary absence or disability. The council may revoke such designation at any time and appoint another officer of the City to serve until the city manager returns. Section 3.04. Powers and Duties of the City Manager. The city manager shall be the chief executive officer of the City, responsible to the council for the administration of all city affairs placed in the manager's charge by or under this charter. The city manager shall: (1) Appoint and, when necessary for the good of the service, suspend or remove all city employees and appointive 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. The city manager may authorize any administrative officer subject to the 10 r I manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (2) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this charter or by law; (3) Attend all council meetings. The city manager shall have the right to take part in discussion but shall not vote; (4) See that all laws, provisions of this charter and acts of the council, subject to enforcement by the city manager or by officers subject to the manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual budget and capital program to the council; (6) Submit to the council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (7) Make such other reports as the council may require concerning the operations of city departments, offices and agencies subject to the city manager's direction and supervision; (8) Keep the council fully advised as to the financial condition and future needs of the City; and make such recommendations to the council concerning the affairs of the City as the city manager deems desirable; and (9) Perform such other duties as are specified in this charter or as may be required by the council. II Article IV DEPARTMENTS, OFFICES AND AGENCIES Section 4.01. Creation of Departments. The council may establish city departments, officers or agencies in addition to those created by this charter and may prescribe the functions of all departments and agencies by ordinance. Section 4.02. City Attorney. (a) The council by a majority vote of its total members shall appoint a city attorney who shall be the legal officer and counsel of the City. The city attorney shall represent the City in all legal proceedings and shall perform such duties as provided by this charter or by ordinance. (b) The city attorney may be removed by a maiority vote of the total members of the council. 12 Article V FINANCIAL PROCEDURES Section 5.01. 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 5.02. Submission of Budget and Budget Message. On or before the first day of July of each year, the city manager shall submit to the council a budget for the ensuing fiscal year and an accompanying message. Section 5.03. Contents of Budget. The budget shall provide the complete financial plan of all city funds and activities for the ensuing fiscal year. Section 5.04. Council Action on Budget. (a) Notice and Hearing. The council shall publish in one or more newspapers of general circulation in the City the general summary of the budget and a notice stating: (I) The times and places where copies of the message and budget are available for inspection by the public, and (2) The time and place, not less that two (2) weeks after such publication, for a public hearing on the budget. (b) Amendment before Adoption. After the public hearing, the council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for an estimated cash deficit, provided that no amendment to the 13 budget shall increase the authorized expenditures to an amount greater than total estimated Income. (c) Adoption. The council shall adopt the budget for the next ensuing fiscal year on or before the fifteenth day of September of each year. Section 5.05. 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 council by ordinance may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the council may make emergency appropriations. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the manager shall report to the council without delay, indicating the estimated amount of the deficit, any remedial action taken by the manager and recommendations as to any other steps to be taken. The council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce one or more appropriations. 14 (d) Transfer of Appropriations. At any time during the fiscal year the city manager may transfer part or all of the unencumbered appropriation balance among programs within a department, office or agency, and, upon written request by the city manager, the council may by ordinance transfer part or all of any unencumbered appropriation balance from one department, office or agency to another. (e) Limitations; Effective Date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. Section 5.06. Public Records. Copies of the budget and capital program as adopted shall be pubic records and shall be made available to the public at suitable places in the City. 15 Article VI ELECTIONS Section 6.01. City Elections. (a) Regular Elections. The regular general city election for electing the mayor and council members shall be held on the first Tuesday following the first Monday in the month of November of each even numbered year in the manner provided by law. The entire electorate shall be entitled to vote in elections for mayor and council members. At the first election under this charter, the mayor and six (6) council members shall be elected. Council members from odd numbered districts shall serve for terms of years. Council members from even-numbered districts shall serve for terms of years. Thereafter, the mayor and all council members shall be elected for year terms. (b) Qualified Voters. All citizens who are residents of the City and legally registered under the constitution and laws of the State of Florida to vote in the City shall be registered voters of the City within the meaning of this charter. (c) Conduct of Elections. The council shall adopt by ordinance procedures for the conduct of elections. Section 6.02. Qualification of Candidates. Each candidate seeking the office of mayor or council member or any other elective office ofthe City shall file a petition in such form as approved by the council and signed by fifty (50) registered voters of the City with the city clerk. Each candidate seeking the office of mayor or council member or 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 council member shall be a 16 resident of a designated council district as established by ordinance and shall have resided in the designated council district six (6) months prior to the time of qualifying. 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 that person is a candidate and pay the qualifying fee as provided for by ordinance. 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. Section 6.03. Special Elections; Filling of Vacancies. In the event the office of mayor or council member shall become vacant by reason of death, resignation or otherwise as provided by this charter, the council shall within thirty (30) days after the occurrence of such vacancy, call a special election to fill the balance of the unexpired term of such office by giving notice thereof in one or more newspapers of general circulation within the City; except: (a) If a regular election for the office of mayor is to be held within two (2) years after the date that a vacancy in the office of mayor occurs, the vacancy shall be filled by a majority vote of the remaining members of the council from the membership of the council. the deputy mayor shall fill the balance of the unexpired term. (b) If a regular election for the office of council member is to be held within two (2) years after the date that a vacancy in the office of council member occurs, the remaining members of the council shall by majority vote appoint a qualified person to fill the vacancy. Editorial Note: The draft language included in this section has not received a consensus by the Charter Advisory Committee. Two (2) years was inserted as a mid-point in the term. 17 Section 6.04. No Partisanship Required. Municipal elections shall be nonpartisan and all officers shall be elected without reference to their political faith or party affiliations. Editorial Note: Language not necessary. Non-partisan municipal elections required by general law. Section 6.0~. Council Districts; Adjustment of Districts. ( a) Number of Districts. The council shall by separate ordinance divide the City into six (6) geographical council districts. The initial council member districts under this charter shall be as defined in Appendix "B" which is incorporated herein by reference. (b) Districting commission. By the first day of February, 200~ and at least every three (3) years thereafter, the council shall appoint seven (1) city electors determined from the registration of the last regular election, one (1) to be appointed by each council member from the member's respective district, and one (1) appointed by the mayor from the City at large, who shall comprise the districting commission. Electors chosen shall not be employed by the City in any other capacity. The initial districting commission, creating and establishing the first council districts, following the effective date of this charter, shall be appointed by each council member and the mayor from the City at large. (c) Report; Specifications. The districting commission shall file with the official designated by the council a report containing a recommended plan for establishment or adjustment of the council district boundaries. The initial districting commission, creating and establishing the first council districts following the effective date of this charter, shall file such report within ninety (90) days of appointment. Thereafter, such reports shall be filed within one hundred twenty (120) 18 days of appointment to the districting commission. The council district boundaries shall comply with the following specifications: (I) Each district shall be formed of compact contiguous territory, and its boundary lines shall follow the centerlines of streets insofar as practical or possible, or other boundaries available. (2) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment ofthe state. (3) The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed with the designated official, the report shall be treated as an ordinance introduced by a council member. (d) Support It shall be the responsibility of the city manager to provide staff assistance and technical data to the districting commission. (e) Procedure. The procedure for the council's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinances is published pursuant to this charter and general law, it must include both the map and a description of the recommended districts. (f) Failure to Enact Ordinance. The council shall adopt the redistricting ordinance at least one hundred twenty (120) days before the next city election. If the council fails to either accept or reject the redistricting ordinance, the report of the districting commission shall go into effect and have the same effect of an ordinance. The proposed redistricting ordinance may not be rejected for any reason except for failure to comply with the specifications listed in section 6.05(c) of this charter or failure to comply with other local, state or federal law. 19 (g) Effect of Enactment. The new council districts and boundaries as of the date of enactment shall supersede previous council districts and boundaries for all purposes; provided all incumbent council members shall continue to hold office for the entire term to which elected notwithstanding any change in council district boundaries. Section 6.0~. Initiative and Referendum. (a) Initiative. The qualified voters of the City shall have power to propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees. (b) Referendum. The qualified voters of the City shall have power to require reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program, or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. (c) Commencement of Proceedings; Petitioners' Committee; Affidavit. Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk shall issue the appropriate petition blanks to the petitioners' committee. 20 (d) Petitions. (1) Number of signatures. Initiative and referendum petitions must be signed by qualified voters of the City equal in number to at least ten (10) per cent of the total number of qualified voters registered to vote at the last regular city election. (2) 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. Petitioners shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (3) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that the circulator personally circulated the paper, the number of signatures thereon, that all signatures were affixed in the circulator's presence, that the circulator believes them to be the genuine signatures of the person's(s') 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. (4) Time for filing referendum petitions. Referendum petitions must be filed within thirty (30) days after adoption by the council of the ordinance sought to be reconsidered. (d) Procedure after Filing. (1) Certificate of the clerk; amendments. Within twenty (20) days after the petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of a required number of valid signatures may be amended once if the petitioners' committee files a notice of 21 intention to amend it with the clerk within two (2) days after receiving the copies of the clerk's certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copies of said certificate. Such supplementary petition shall comply with the requirements of subsection (c) (2) and (3) hereof and within five (5) days after it is filed with the clerk, the clerk shall complete a certificate as to sufficiency of the petition as amended and promptly send a copy of said certificate to the petitioners' committee by registered mail as in the case of an original petition. When a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request council review under subsection (2) of this section within the time required, the clerk shall promptly present the clerk's certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition. (2) Council review. If a petition has been certified insufficient and the petitioners' committee does not file a notice of intention to amend it or if an amended petition has been certified insufficient, the committee may within two (2) days after receiving the copy of said certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition. (3) Court review; new petition. A final determination as to the sufficiency of a petition shall be subject to court review. A determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. (e) Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition is filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (I) There is a final determination of sufficiency of the petition; or 22 (2) The petitioners' committee withdraws the petition; or (3) The council repeals the ordinance; or (4) The supervisor of elections shall certify that the vote of the electorate failed to repeal the ordinance reconsidered. (f) Action on Petition. (1) Action by council. When an initiative or referendum petition has been finally determined sufficient, the council shall properly consider the proposed initiative ordinance in the manner provided in Section 2.13 of this charter or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days of the date the ordinance was finally determined sufficient, it shall submit the proposed referred ordinance to the voters of the City. (2) Submission to voters. The vote of the City on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than one year from the date of the final council vote thereon. If no regular city election is to be held in the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as said regular election, except that the council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. (3) Withdrawal of petition. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote by filing with the city clerk a request for withdrawal signed by at least four (4) members of the petitioners' committee. Upon 23 the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated. (g) Results of election. (1) 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 council. 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. (2) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. 24 Article VII INTERIM AND GENERAL PROVISIONS Section 7.01. Officers and Employees. The current terms of office of all elected and appointed officials and officers of the City and its agencies serving on the effective date of this charter shall not be diminished and shall continue in full force and effect. Section 7.02. Existing Ordinances and Resolutions Continued in Effect. Existing ordinances and resolutions of the City of Winter Springs, Florida, and existing rules and regulations of departments and agencies thereof not inconsistent with the provisions of this charter shall be effective as ordinances and resolutions of the council and as rules and regulations of the appropriate department or agency thereof until they have been repealed, modified or amended. Section 7.03. Departments, Offices and Agencies. The operations of existing city departments, offices or agencies shall not be affected by the adoption of this charter and shall continue in full force and effect until such time as changed or modified by ordinance of the council. Section 7.04. Contracts and Obligations. All contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Winter Springs, Florida, or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof, as obligations and rights of the City. 25 Section 7.05. First Elections Under Charter (a) The first election to be held under this charter. shall be for the purpose of electine persons to fill the offices of the mayor and the two commission members from seats desienated as two and four respectively under the former charter and as council districts 2 and 4 under this charter. and whose terms expire in the year 2002. In addition. said election shall be for the purpose of electine a person to fill the council member position from council district number 6 created by this charter. This first election shall be held on the first Tuesday followine the first Monday in the month of November of 2002. The mayor and the three (3) council members elected at this election shall serve for terms of four (4) years and until their successors are elected and Qualified. (b) The second election to be held under this charter. shall be for the purpose of electine persons to fill the offices of those commissioners from seats desienated as one. three and five respectively under the former charter and as council districts 1. 3. and 5 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 on the first Tuesday followine the first Monday in the month of November of 2004 for the purpose of electine council members from council districts numbers 1. 3. and 5 respectively under this charter. The council members elected at this election shall serve for terms of four (4) years and until their successors have been elected and Qualified. 26 Section 7.06. Section Captions. The captions of the several sections of this charter are informative only and are not to be construed as a part thereof. Section 7.07. Severability. If any section, subsection, paragraph, sentence, clause, phrase or word of this charter, or the application thereof to any person or circumstance, should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions or other applications of this charter, which shall remain in full force and effect; and to this end the provisions of this charter and the applications thereof are hereby declared to be severable. In the event any provision of this charter is declared invalid for any reason, then the provision pertaining to the same subject matter that existed in the prior Charter of the City of Winter Springs, Florida, shall be in force and effect and applicable until repealed. Section 7.08. Repeal of conflicting laws. All laws and parts of laws in conflict with this charter are hereby repealed, except for those provisions of the former City Charter of the City of Winter Springs, Florida, and amendatory acts thereof defining the boundaries of the City of Winter Springs, Florida. Section 7.09. Provision for referendum~ form of ballots. The city commission shall submit to a referendum election the Question as to the adoption of this revised charter. Such election shall be held at the next reeularly scheduled election of the City or at a special election to be held within days of the passaee of the ordinance revisine this charter by the city commission and shall be held in conformity with the laws and ordinances in force relatine to elections in the City of Winter Sprines. The ballot to be used in the referendum election shall be substantially in the followine form: 27 Editorial Note: The Charter Review Advisory Committee will need to decide on the form of ballot to be used in the referendum election. Section 7.10 Maiority vote required for adoption: Effective Date of Charter. If a maiority of the ret!istered voters of the City of Winter Sprint!s votint! in said referendum election vote "For Adoption" then the provisions of this revised charter shall become operative and be in full force and effect upon mint! this revised charter with the Department of State pursuant to Section 166.031(2), Florida Statutes (1979). Editorial Note: Thefinallanguage of this section will be determined by the decisions of the Charter Advisory Committee with respect to the form of ballot and the effective date of the charter. It is suggested that consideration be given to delaying the effective date of the new revised charter until the date of the first election under the new charter. This approach offers the advantage of allowing all functions and operations under the new charter to commence on a single uniform date. If the new charter is made effective upon the date of adoption, additional transitional language would be needed to delay the effectiveness of certain provisions. For example, under the new charter, the mayor has the power to vote, but not under the present charter. He has the power of veto under the present charter, but not under the new charter. These types of inconsistencies between the present and new charter would have to be resolved through extensive transitional language. 28 APPENDIX A (Note: This appendix has not been proof read against the current language in the present City Charter.) CORPORATES BOUNDARIES The territorial boundaries of the City of Winter Springs, Florida, shall be: All those certain parcels of land lying and being in Seminole County, Florida, more particularly described as follows: Within D. R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, Lots 26 and 28 of Block B; also, Lots 13, 14, 15, 19,20, and 23 of Block C, also, all of the unplatted part of the Levy Grant lying north of Lot 19, Block C; also, Lots 12, 13, 14, 15, and Lots 26 to 54 inclusive in Block 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 V2 of Lot 95, Lots 99 to 107 inclusive, the east Vi of Lot 108, 10 acres square in the northwest corner of Lot 110, Lots III 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 136, 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 6xtension of the west line of Tuscawilla; thence run north along southerly extension of the west line and along the west line of Tuscawilla to the northwest corner of Tuscawilla; thence easterly along north line of Tuscawilla to the west side of a road running north and south between Lots 7, 8, 9 and 10 of Tuscawilla; thence northwesterly along the west side of said road to the southeast corner of Lot 36, Block D; thence run westerly along south lines of Lots 36 and 37, Block D to the northeast corner of lot 61, Block D; thence westerly along the south line of Lots 74,75,76 and 77, Block D to tHe north east 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 56 to 61 inclusive. In Gardena Farms, according to the plat recorded in Plat Book 6, Pages 23 and 24 of the Public Records of Seminole County, Florida, the south 250 feet of Block 3 and all of Blocks 4 to 100 inclusive. All of Gardena Farms Townsites as recorded in Plat Book 6, Page 39, of the Public Records of Seminole County, Florida, less and except Lots 1, 2, and 3 in Block 2, also less the unplatted portion of Block 2 and Blocks Band C. In Chase and Company's Subdivision of Wagner, as recorded in Plat Book 6, Page 64 of the Public Records of Seminole County, all of Block E. Also, a track [tract] of land described as follows: Begin 130 feet west and 151.8 feet north of the southeast corner of the northeast 1/4 of the southwest 1/4 of the south- west 1/4 of Section 22-20-30, run north 48'18'30' west 161.1 feet to the easterly right-of-way State Road 15-600; thence north 41 degrees41'minutes31" 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. 17192 and all that part of Lots 15 and 16 of said Block B, lying east of the west line of Lot 21, Block C, of D. R. Mitchell's Survey of the Levy Grant, ac- cording to the plat thereof, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida; also all that part of said Lot 21, Block C, of D. R. Mitchell's Survey of the Levy Grant, lying easterly of said Oak Grove Park and southerly of Shepard Road and lying northerly of a line described as follows: Begin at the northeast corner of Lot 12, Block B, of said Oak Grove Park; thence run south 86degrees35'15" east 1928.369 feet to a point on the easterly line of said Lot 21, Block C, D. R. Mitchell's Survey of the Levy Grant, said point being 1155-005 feet south 5 degrees 57'13" west from the south- erly right-of-way line of Shepard Road, subject to Florida Power Corporation's 175-foot easement and containing exactly 50 acres. Parcel "B": Lot 12, Block B, Oak Grove Park, accord- ing to the plat thereof as recorded in Plat Book 7, Page 83 of the Public Records of Seminole County, Florida, less right-of-way 29 for U.S. 17/92; and the north 385 feet of the east 225 feet of Lot 15, and Lot 24, less the east 25 feet of the south 200 feet thereof, of Entzminger Farms Addition No.3, according to the plat thereof, as recorded in Plat Book 6, Page 27, of the Public Records of Seminole County, Florida; also that part of Lot 21, Block C, D. R. Mitchell's Survey of the Levy Grant, according to the plat thereof as recorded in Plat Book I, Page 5, of the Public Records of Seminole County, Florida, described as: Begin at the northeast comer of Lot 12, Block B, said Oak Grove Park; thence run south 4'44' west 1,063.719 feet to the southwest cor- ner of said Lot 21; thence run north 83'21 '25' east 1,950.789 feet to the southeast comer of said Lot 21;, thence run north 5'57'13" east -i22.942 feet to a point 1,155.005 feet south 5'57'13' west from the intersection of the East line of said Lot 21 with the southerly right-of- way line of Shaphard Road; thence run north 86'35'15.5" west 1,928.369 feet to the point of beginning, subject to Florida Power Corporation's I 75-foot easement and containing exactly 50.286 acres, less the following: Lot 12 and Lots 17 and 18 lying west of the northerly projection of the east property line of Lots 12 through 16, Block B, Oak Grove Park, as recorded in Plat Book 7, Page 83 of the Public Records of Semi- no Ie County, Florida, and: Begin at the south- east comer of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence north 85'00'00"', 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 Tuscawilla- Gabriella Road; run thence north 04'24'22' east along said westerly right-of-way line a distance of 2,450.55 feet; thence leaving said westerly right-of-way line run south 84'50'15' east 1,120.89 feet; run thence north 04'04'15' east 1,969.15 feet; run thence north 85'06'45' west 418.47 feet to the westerly right- of-way line of the aforesaid Tuscawilla-Gabriella Road; thence continue along said westerly right-of-way line run north 43'25'40" east 521.37 feet to the point of curvature of a curve concave northwesterly having a radius of 1,612.02 feet, and a central angle of20'05'33'; run thence north- easterly along the arc of said curve a distance of 565.30 feet to the point of tangency; thence continuing along said westerly right-of-way run north 23'20'07' east 3,903.29 feet to the point of curvature of a curve concave northwesterly having a radius of2,839.79 feet and a central angle of 09'14'37"; thence run northeasterly along the are of said curve a distance of 458.15 feet to the point of tangency; thence continuing along said westerly right-of- way line, run north 14'05'30' east a distance of 1,581.20 feet; thence leaving said westerly right-of-way run south 84'51'30' east 1,368.08 feet; thence run south 05'10'20' west 386.72 feet; run thence south 84'50'40" east 634.53 feet to a point on the southerly right-of-way line of Railroad Avenue; run thence along said southerly right-of-way line south 54'56'40" 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 22'39'04' east 142.94 feet to a point on the southerly right-of-way line of Atlantic Seaboard Coastline Railroad; run thence along said southerly right-of-way line south 54'33'05" east 587.22 feet; thence leaving said southerly railroad right-of-way run north OO'II'Il' 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 88'26'29" east 2,224.37 feet; thence run south 89'58'56' east 3,686.53 feet; thence south 89'21'56" east 2,159.76 feet; thence leaving said southerly right-of-way line run south 00'16'36" west 1,062.76 feet to the northeast comer of Section 8, Township 21 South, Range 31 East; thence run south 00'25'38" east along the east section line of said Section 8 a distance of 798.62 feet; run thence north 82'10'38" west 310.20 feet; run thence south 04'34'12" west 1,143.12 feet; run thence north 89'34'22" east 406.56 feet; run thence south 00025'38" east 745.20 feet; run thence south 89'27'54" east a distance of 1,349.48 feet; run thence south 00'09'56" west 1,326.01 feet; run thence north 89'13'53" west 672.52 feet; -run thence south 00'00'36" west 980.83 feet; run thence north 89@, 16-'52" west 671.86 feet to a point on the east line of the aforesaid Section 8; run thence south 00'01'43' east along said east line of the aforesaid Section 8; run thence south 00'01'43' east along said east line 'of Section 8, 330.14 feet to the northeast comer of Section 17, Town- ship 21 South, Range 31 East; run thence along the east line of said Section 17 - south 00' 16' 14.' west 1,341.14 feet; thence leaving said east section line run north 89' 15'33" west 4,004.99 feet; run thence south 00'14'56' west 1,775.5'1 feet; run thence north 89'03'43" west 1,415.0'2 feet; run thence north 00'14'26' west 687.66 feet; run thence north 85'14'00' west 602.10 feet; run thence south 87'51'00' west 1,083.26 feet; run thence south 00'1.5'09" east 2,167.87 feet; run thence north 84'48'16" west 2,404.62 feet to the point of beginning; less that portion of Winter Springs as recorded in Plat Book 15, Pages 81 and 82 of the Public Records of Seminole County, Florida; also less, begin at the southeast comer of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24 of said Seminole County, Florida; run thence north 05'09'50' east 33.00 feet; run thence north 85'00'00" west parallel with the southerly line of said Gardena Farms, 4,502.35 feet, to a point of beginning; run thence further north 30 85'00'00" west 627.31 feet; thence run north 05'00'00" east 225.00 feet; thence run north 84'09'48" east 175.44 feet-, thence run south 85'00'00" east 455.00 feet; thence run south 05'00'00" west 257.98 feet to the point of beginning; also less, begin at the southeast comer of Gardena Farms as re- corded in Plat Book 6, Pages 23 and 24 of the Public Records of Seminole County, Florida-, run thence north 05'09'50" east along the east line of said Gardena Farms 7,160.06 feet to a point on the northerly right-of-way line ofa Florida Power and Light easement as recorded in O.R. Book 183, Page 130; run thence north 85' 1 0'12' west along said northerly right-of-way line 2,513.71 feet to a point on the southerly right- of- way line of a Florida Power and Light easement as recorded in D.B. 193, Page 276, of said Seminole County; run thence south 1,098.64 feet; run thence north 85'10'12" west 772.70 feet to the point of beginning; run thence north 04'49'48' east 300.00 feet; run thence north 85'10'12" west 675.80 feet to the easterly right- of-way line of the Tuscawilla-Gabriella Road; run thence south, 23@20'07." west, along said easterly right.-of way line 316.36 feet; thence leaving said easterly right-of-way line run south 85'10'12' east 776.20@ feet to. the point of beginning, containing 2,890.9140:t acres. And, also less, the south 33i feet of the aforesaid Gardena Farms Subdivision, and also less that part lying within existing North Orlando City limits, and begin at the northeast corner of Lot 6, Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence westerly along the north line of Lots 6 through 11 a distance of 3,851.40 feet to the northwest corner of Lot 11 of said Gardena Farms; run thence southerly along the westerly line of said Gardena Farms 6,623.75 feet; thence run westerly to a point 1,309.8 feet north and 198 feet east of the northwest corner of Section 13, Township 21 South, Range 30 East; thence run southerly 1,309.8 feet to a point 198 feet east of said northwest corner of Section 13, Township 21 South, Range 30 East; thence run easterly 906.5 feet; thence run north 19'20' east 359.00 feet; thence run south 85' east 801.9 feet; thence run south 05' west to the westerly right of-way line of the Tuscawilla-Gabriella Road; thence run northeasterly along the said westerly right-of-way line of the Tuscawilla-Gabriella Road to the point of beginning, and also Lots I and 2, Block A, D. R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, Seminole County Public Records, less all that part previously lying within the City limits of the Village of North Orlando, and also; Begin at the intersection of State Road 15 and 600 (U.S. 17/92) and State Road S-434 run south 89'02'30" east 4,005.18 feet to the P.C. of a curve concave to the north, having a radius of 2,864.93 feet, a central angle of 5'30'30'; thence run northeasterly along said curve an are length of 275-42 feet to the P.T. of said curve; thence run north 85'27'00" east 3,709.58 feet to the P.C. of a curve concave northwesterly having a radius of 1,273.57 feet, a central angle of 18'58'00"; thence run northeasterly along said curve an arc length of 421.48 feet to the P.T. of said curve; thence run north 66'29'00" east 2,776.82 feet to the P.c. ofa curve concave northwesterly having a radius of 1,637.28 feet, a central angle of 17'04'00"; thence run northeasterly along said curve an are length of 487.67 feet to the P.T. of said curve; thence run north 49'26'00" east 70.24 feet to the P.c. of a curve concave south- easterly having a radius of 636.62 feet, a central angle of 27'58'00'; thence run northeasterly along said curve an arc length of31O.74 feet to the P.T. 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. 31 APPENDIX B COUNCIL DISTRICTS District No.1 District No.2 District No.3 District No.4 District No.5 District No.6 32