HomeMy WebLinkAboutArticles of Incorporation City of Winter SpringsVILLAGE OF NORTH ORLANDO
INCORPORATED
JUNE 209 1959
CITY OF WINTER SPRINGS
INCORPORATED
APRIL 20, 1972
CITY
OF
WINTER SPRINGS
INCORPORATED
APRIL 20,1972
LAWS OF FLORIDA CHAPTER 72-718
ter (NW1/4) of Section eighteen (18), • said Township and
Range; thence run North along the West boundary of the East
half (El/2) of the Northwest Quarter (NWi/g,) of Section
eighteen (18), said Township and Range, to a point of begin-
ning.
Section 2. All laws or parts of laws in conflict with this act
are hereby repealed.
Section 3. This act shall take effect upon becoming a law.
Became a law without the Governor's approval.
Filed in Office Secretary of State April 20, 1972.
CHAPTER 72-718
House Bill No. 3390
AN ACT relating to Winter Springs, Seminole County; abolishing
the present municipal government of the village of north
Orlando and establishing the municipality of the City of Win-
ter Springs; defining its territorial boundaries; providing for
the powers of the city; establishing the city council and form
of government; creating a municipal court and its jurisdiction; s
defining the responsibilities of the city manager; providing
for administrative departments; establishing financial pro-
cedures; outlining procedures for nominations and elections;
allowing initiative and referendum procedures; providing for
amendments; providing for separability and transitional pro-
visions; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
ARTICLE I. CORPORATE NAME
Section 1.01. Present municipal government of the Village of
North Orlando, Seminole County, Florida, is hereby abol-
ished.
Section 1.02. The municipality hereby established shall be
known as THE CITY OF WINTER SPRINGS, FLORIDA.
1121
CHAPTER 72-718 LAWS OF FLORIDA
ARTICLE II. TERRITORIAL BOUNDARIES
Section 2.01. The territorial boundaries of the City of Winter
Springs,. Florida, shall be: All tho
se certain parcels of land
lying and being in Seminole County
Florida
,
, more particularly
described as follows:
J Within D. R. Mitchell's Survey of the Levy Grant, Plat Book
1, Page 5, of the Public Records of Se
i
1 m
nole 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
t
f
i par
o
the Levy
Grant lying North of Lot 19, Block "C"; also, Lots 12, 13, 14,
15, and Lots 26 to 54 inclusi
i
"
"
ve
n Block
D
, and that part of
Lot 56, Block "D", lying North of Longwood
?
less the East 300 feet thereof, and Lot 55,, Bl k
`D"; also, all
of Lots 59 to 94 incl
i
us
99 to
ve, the East 1/2 of Lot 95, 107 inclusive, the East 1/4 of Lot 108, 10 acres squaresi
th
N
n
e
orthwest 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, 130, and 131 not heretofore conveyed to Seminole
Drivin
Park
d
g
, an
all of Lots 135, 136, 143 and 144, all in
Block "D" of said D.R. Mitchell's Survey of the Lev
G
t
y
ran
;
also, a tract of land described as follows : Begin at the i
t
n
er-
section of the East line of Lot 99, Block "D" with the North
line of the lands of Mi
con and LeHardy, thence run
Southeasterly along the North line of the lands of Micon
d
an
LeHardy approximately 2400 feet to the Southerly extension
of the West line of Tusca
ill I
w
a, thence run North along South-
erly extension of the West line and along the We
t li
l
{ s
ne of
Tuscawilla to the Northwest corner of Tuscawilla, thence
Easterly along North line of T
i I
e
uscaw
lla to the West side of a
road running North and South between Lots 7
8
9 and 10
f a
,
,
o
Tuscawilla, thence Northwesterly along the West side of said
road to the Southeast corner
f L
o
ot 36, Block "D", thence run
Westerly along South lines of Lots 36 and 37
Block "D" t
th f
t'
,
o
e
Northeast corner of Lot 61, Block "D", thence Southeasterly
along the East line of Lots 61 a
d 74
"
"
ff
n
, Block
D
to the South-
east corner of Lot 74, Block "D", thence Westerly alon
the st
cc
t
j g
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 0
Pj_
j
East line of Lot 99, Block "D" to the POINT OF BEGINNING.
Within Entzminger Farms
Addi
i C
G
,
t
on No. 2, as recorded in N
1122
LAWS OF FLORIDA CHAPTER 72-718
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 por-
tion of Block 2 and Blocks "B" and "C". In Chase and Com-
pany'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 SE corner of the
NE 1/4 of the SW 1/4 of the SW 1/4 of Section 22-20-30, run
North 48018'30 West 161.1 feet to the Easterly right-of-way
State Road 15-600, thence North 41041'30" 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 R/W 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, of D. R. Mitchell's Survey of the Levy Grant, according to
the plat thereof, as recorded in Plat Book 1, Page 5, of the
Public Records of Seminole County, Florida; ALSO all that
part of said Lot 21, Block C, of D. R. Mitchell's Survey of the
Levy Grant, lying Easterly of said Oak Grove Park and South-
erly of Shepard Road and lying Northerly of a line described
as follows: Begin at the NE corner of Lot 12, Block B, of said
Oak Grove Park, thence run S86°35'15.5" E 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 S5°57'13" W from the Southerly R/W line Shepard Road,
subject to Florida Power Corporation's 175 feet Easement and
containing exactly 50 acres. PARCEL "B": Lot 12, Block B,
Oak Grove Park, according to the plat thereof as recorded in
Plat Book 7, Page 83 of the Public Records of Seminole
County, Florida, less right-of-way for U.S. 17/92; and the
North 385 feet of the East 225 feet of Lot 15, and Lot 24,
1123
CHAPTER 72-718 LAWS OF FLORIDA
less the East 25 feet of the South 200 feet thereof, of Entz-
minger Farms Addition No. 3, according to the plat thereof,
as recorded in Plat Book 6, Page 27, of the Public Records of
"i Seminole County, Florida; also that part of Lot 21, D. R. Mitchell's Survey of the Levy Grant, according to C,
i
the
plat thereof as recorded in Plat Book 1, Page 5, of the Public
Records of Seminole County, Florida, described as : Be
the ence run o corner Lot 12, Block B said 8m at
th
run S4 44 W 1063.719 feet to the So thwestecorner,
of said Lot 21, thence run N83021'25" E 1950.789 feet
Southeast corner of said Lot 21, thence run N5°57.13, the
722.942 feet to a point 1155.005 feet S5°57'13" W from E
intersection of the East line of said Lot 21 with the Southerl e
right-of-way line of Shaphard Road, thence run N86035'15.5"
W 1928.369 feet to the point of beginning subject to Florida
Power Corporation's 175 feet 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 re-
corded in Plat Book 7, Page 83 of the' Public Records of Semi-
nole 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 N.
85000100" W. along the South line of said Gardena Farms a
distance of 5479.23 feet to the Westerly right of way line of
the Tuscawilla-Gabriella Road; run thence N. 0402422" E.
along said Westerly right of way line a distance of 2450.55
feet; thence leaving said Westerly right of way line run S. 840
50'15" E 1120.89 feet; run thence N. 04004115" E. 1969.15 feet;
run thence N. 85005'45" W. 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 N.
43°25'40" E. 521.37 feet to the point of curvature of a curve
concave Northwesterly having a radius of 1612.02 feet, and a
central angle of 20005'3311, run thence Northeasterly along
the are of said curve a distance of 565.30 feet to the point
of tangency; thence continuing along said Westerly right of
way run N. 23°20'07" E. 3903.29 feet to the point of curvature
of a curve concave Northwesterly having a radius of
2839.79 feet and a central angle of 09-14'37"; thence run
1124
LAWS OF FLORIDA CHAPTER 72.718
Northeasterly along the arc of said curve a distance of 458.15
feet to the point
W of tangency; thence continuing along said
Westerly right o f
158120 feet way line, run N. 14005130"
; thence leaving said Westerly ? B. a distance of
84°51'30" E. 1368.08 feet; thence run S. 05°10t20 way run S.
feet; run thence S. 84°50'40" E. W. 634 on the
" 386.72
Southerly right of way line of .53 feet to a point on the
along said Southerl Railroad Avenue; run thence
feet to a y right of way line S. 54°56'40" E. 633.59
Point on the Easterly right of way line of Gardena
Avenue; run thence along said Easterly right of way line N.
22°39'04" E. 142.94 feet to a point on the Southerly right of
.way line of Atlantic Seaboard Coastline Railroad; run hence
along said Southerly right of way line S. 54°33'05" E. 587.22
feet; thence leaving said Southerly run
N. 00°11'11" E. 937.80 feet to a Point n the Southerly right of
way line of State Road No. 419
courses along said Southerly 'run thence the following
right °f way line of State
Road No. 419, N. 88 °26'29" E. 2224.7 feet; hence run .
89°58'56" E, 3686.53 feet; thence S. 893 156" Et2159.76 feet;
thence leaving said Southerly
00°16'36" W 1962.76 feet to the Northeast corner of Section.
8, Township 21 S., range 31 East; thence run S. 00°25'38" E.
along the East section line of said Section 8 a distance of
798.62 feet; run thence N. 82°10'38" W. 31020 fet; ru
thence S. 04°34'12" W. 1143.12 feet; run hence.N. 8903422"
E. 406.56 feet; run thence S. 00°25'38" H. 745.0 feet; run
thence S. 89°27'54" E. a distance of 1349.8 fe t2 run thence
S. 0000915611 W. 1326.01 feet; run thence N. 89013'53"
672.52 feet; run thence S. 00°00'36" W.
thence N. 89016'52" W. 671.86 feet to a poi
W. 989. nt on the East line
of the aforesaid Section 8. run thence S. 00°01'43" E.
along
said East line of Section 8, 330.14 feet to the Northeast corner
of Section 17, Township 21 S.
along the East line of said Section 17 S 000-16'14" 31 E.; run thence
feet; thence leaving said East Section line run N. 8915'334
W. 4004.99 feet; run thence S. 00014'56"
feet; run
thence N. 69003143" W. 1415,02 feet; run thence N.
W 687.66 feet; run thence N. 85°14100" W. 00-
602.10 run
thence S. 87°51'00" W. 1083.26 feet; run thence S. 00 15' 9
E• 2167.87 feet; run thence N. 84°48'16" W. 2404.62 feet
to
1125
CHAPTER 72-718 LAWS OF FLORIDA
the point of beginning; less that portion of Winter Springs as
recorded in Plat Book 15, Pages 81 and 82 of the Public
Records of Seminole County, Florida; also less, begin at the
Southeast corner of Gardena Farms as recorded in Plat Book
6, Page 23 and 24 of said Seminole County,. Florida; run thence
N. 05°09'50" E. 33.00 feet; run thence N. 85°00'00"
parallel with the Southerly line of said Gardena Farms,
4502.35 feet, to a point of beginning; run thence further N.
i? 85000'00" W. 627.31 feet; thence run N. 05 ° 00'00" E. 225.00
feet; thence run N. 84°09'48" E. 175.44 feet; thence run S.
85000'00" E. 455.00 feet; thence run S. 05000-'00" W. 257.98
feet to the point of beginning; ALSO LESS, begin at the
Southeast corner of Gardena Farms as reocrded in Plat Book
6, Pages 23 and 24 of the Public Records of Seminole County,
Florida; run thence N. 05°09'50" E. along the East line of said
? Gardena Farms 7160.06 feet to a point on the right of way line of a Florida Power and Light Easement rays
recorded in O.R. Book 183, page 130; run thence N. 85°10'12"
' W. along said Northerly right of way line 2513.71 feet to a
point on the Southerly right of way line of a Florida Power
and Light Easement as recorded in D.B. 193, Seminole County; run thence South 1098.64 feet run thence
N. 85°10'12"o W. 772.70 feet to the point of beginning; run
thence N. 04 49 48 E. 300.00 feet; run thence N. 85°10'12"
` W. 675.80 feet to the Easterly right of way line of the Tus-
cawilla-Gabriella Road; run thence S. 23°20'07" W. along said
Easterly right of way line 316.36 feet; thence leaving said
Easterly right of way line run S. 85°10'12" E. 776.20 feet to
the point of beginning, containing 2890.9140 ± acres. AND
ALSO LESS, the South 33 feet of the aforesaid Gardena
Farms Subd-, AND ALSO LESS that part lying within exist-
ing 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 3851.40 feet to the Northwest corner of Lot
11, of said Gardena Farms; run thence Southerly along the
Westerly line of said Gardena Farms 6623.75 feet, thence run
Westerly to a point 1309.8 feet North and 198 feet East of the
Northwest corner of Section 13, Township 21 South, Range 30
East; thence run Southerly 1309.8 feet to a point 198 feet East
1126
LAWS OF FLORIDA CHAPTER 72-718
of said Northwest corner of Section 13, Township 21 South,
Range 30 East; thence run Easterly 906.5 feet; thence run
N. 19°20' East 359.00 feet; thence run S. 85° E. 801.9 feet;
thence run S. 05 ° W. to the Westerly right of way line of
the Tuscawilla-Gabriella Road; thence run Northeasterly along
the said Westerly right of way line of the Tuscawilla-
Gabriella Road to the point of beginning, AND ALSO Lots 1
and 2, Block A, D. R. Mitchell's survey of the Levy Grant,
Plat Book 1, Page 5, Seminole County Public Records, LESS all
that part previously lying within the City limits of the
Village of North Orlando, AND ALSO; Begin at the intersec-
tion of State Road 15 and 600 (U.S. 17-92) and State Road
S-434 run S. 89°02'30" E. 4005.18 feet to the P.C. of a curve
concave to the North, having a radius of 2864.93 feet, a cen-
tral 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 N. 85°27'00" E. 3709.58 feet to the P.C. of a curve
concave Northwesterly having a radius of 1273.57 feet a cen-
tral angle of 18°58'00", thence run Northeasterly along said
curve an are length of 421.48 feet to the P.T. of said curve;
thence run N. 66°29'00" E. 2776.82 feet to the P.C. of a curve
concave Northwesterly having a radius of 1637.28 feet a cen-
tral 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 N. 49°25'00" E. 70.24 feet to the P.C. of a curve
concave Southeasterly having a radius of 636.62 feet a central
angle of 27°58'00", thence run Northeasterly along said
curve an are length of 310.74 feet to the P.T. of said curve,
said point being the intersection of State Roads S-434 and 419,
LESS those parts lying within the City of Casselberry and
the City of Longwood, Florida.
Section 2.02. Annexation. Upon petition to annex, submitted
by a majority of the owners of an area of land adjoining the said
municipal limits, the City of Winter Springs may annex said
land to the territorial limits of the municipality, hereby estab-
lished, by ordinance. Whenever any lands shall be annexed to the
municipality hereby established, upon the petition of the
owners of the majority of the lands thereof and in accordance
with the power and authority hereby given, then such land so
annexed shall be and become part of the municipality hereby
1127
CHAPTER 72-718 LAWS OF FLORIDA
established with the same force and effect as though the same
j' had been originally incorporated in the territorial boundaries
thereof.
iE
{
y ARTICLE III. POWERS OF THE CITY C
Section 3.01. The City shall have all powers
city to have under the constitution and laws of thi statelas fully
and completely as though they were specifically enumerated t,
in this charter. o
d.
Section 3.02. The powers of the City under this charter shall ne
be construed liberally in favor of the City, and the specific ae
mention of particular powers in the charter shall not be con- s1-
strued as limiting in any way the general power stated in this pe
article.
Section 3.03. The City may exercise any of its
perform any of its functions and be
may participate in the financing
jointly or in cooperation, by contract or otherwise
with any one or more states
i
i
ME
'
or c
v
l divisions or agencies thereof,
or the United States or any agency thereof.
po
me
me
ARTICLE IV. CITY COUNCIL abE
h.-
Section 4.01. There shall be a city council of five members
elected by the qualified voters of th
i The
the
e c
ty at large Th
Section 4.02. Only qualified voters of the City be eligible to
hold the office of councilman. E
Cou
Section 4.03. Election and Terms. The regular election of
councilmen and mayor, shall be held on the first T
d sup
of t
by t
ues
ay follow-
ing the first Monday in the month of December of each year.
City Council seats are h
b ordi
in
ere
y designated as seats one, two, three,
four and five. The councilmen elected to se g
the
rve on the Village
Council of the Village of North Orlando, Florida, shall serve as
the first City Council of the Cit Se
y of Winter Springs, Florida,
until the first election under this Charter. At the first election
under this Ch
t City
by 1?
ar
er, five councilmen shall be elected; the candi-
dates seeking election to the odd exerc
numbered council seats shall be
elected for a two year term of office; the candidates seeki tions
ng
election for the even numbered council seats and the office of
Mayor shall be elected f
Sec
h
ora one year term all elections thereaf-
ter shall be for two year terms of office. All candidates for the w
en
office
electe
1128
LAWS OF FLORIDA CHAPTER 72-718
City Council shall be required to seek election to a specific seat,
numbered one, two, three, four, five. The terms of the Council-
men and Mayor shall begin the first Monday after the first day
of January of each year.
Section 4.04. Compensation; Expenses. The council may de-
termine the annual salary of councilmen by ordinance, but no
ordinance increasing such salary shall become effective until the
date of commencement of the terms of councilmen elected at the
next regular election, provided that such election follows the
adoption of such ordinance by at least six months. Councilmen
shall receive their actual and necessary expenses incurred in the
performance of their duties of office.
Section 4.05. Mayor. At each regular election, a mayor shall
be elected for a term of two years. He shall preside at meetings
of the council, shall be recognized as head of the City govern-
ment for all ceremonial purposes and be the governor for pur-
poses of military law. 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 unexpired term.
The mayor of the City shall be the Chief Executive Officer of
the City and shall act and serve as chairman of the City Council.
The mayor shall not vote except in case of a tie vote of the
Council. The mayor may appoint a member of the City Council to
supervise and direct any particular phase of the government
of the City. Within ten days after the adoption of any ordinance
by the City Council, the Mayor shall have the power to veto said
ordinance and return it to the council at the next regular meet-
ing with a written message. It shall require a two-thirds vote of
the City Council to pass the ordinance after the Mayor's veto.
Section 4.06. General Powers and Duties. All powers of the i
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 obliga-
tions imposed on the City by law.
Section 4.07. Prohibitions. Holding other office. Except
where authorized by law, no councilman shall hold any other City
office or employment during the term for which he was
elected to the council.
1129
CHAPTER 72-718 LAWS OF FLORIDA
Section 4.08. Vacancies; Forfeitures of Office; Filh
ng of V
cancies
1.
.
a_
(a) Vacancies. The office of a councilman shall become va-
cant upon his death
re
i
ti s
n
,
s
gna
on, removal from office in any
manner authorized by law or forfeiture of his office.
(b) Forfeiture of Office. A councilman shall forfeit his of-
fice if he (1) lacks at any time during his te f?_
p
rm of office any
qualification for the office prescribed by this Chart
er or by law,
(2) violates any express prohibition of this Charter
(3) is c
victed
f f
,
on-
o
a felony, and (4) fails to attend three consecutive
regular meetings of the council without being excused b
in
it;
y the
Council. Y bi,
(c) Filling of Vacancies. A vacancy in the Council shall be
filled until the next regular
l
ti no
pa
e
ec
on by the Council by a majority
vote of all its remaining members of
.
Section 4.09. Judge of Qualifications. The Council shall be
the judge of the election and
ualifi
ti
an
of
q
ca
ons of its members and of
y the grounds for forfeiture of their office and for that `
pur-
pose shall have power to subpoena witnesses, administer oaths
and require the production of
id
eve
ev
ence. A member charged with
conduct constituting grounds for forfeiture of his office shall b pre
e
so notified by certified mail and shall be entitled to a
public
hearing on demand, and notice of such he
i ma;
upo
ar
ng shall be publi
shed
in one or more newspapers of general circulation in the City
at least one week in advance
f th
ur
me(
er
o
e hearing. Decisions made by
the Council under this section sh
ll b p
p
"
to i
a
e subject to review by the
courts
. or
Section 4.10. City Clerk. The Mayor shall appoint
of the City who shall have th
titl
f
that
that
the
e
e of City Clerk and who
shall
be approved by the City Council. The City Clerk shall
give notice shat:
of council meetings to its members and the
journal of its proceedin
s a
d
f ages
g
n
per
orm such other duties as are
assigned to him by this Charter or by the Council. (k
rule:
Section 4.11. Investigations. The Council may make investi-
gations into the affairs of the Cit jouri
y and the conduct of any city
department, office or agency and for this pur
os
b (c,
p
e may su
poena
witnesses, administer oaths, take testimony and require the pro- roll
duction of evidence. An
y person who fails or refuses to obey a but
but
1130
LAWS OF FLORIDA CHAPTER 72-718
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, or by imprisonment for not
more than ninety days, or both.
Section 4.12. Independent Audit. The council shall provide
for an independent annual 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 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 that the designation for any
particular fiscal year shall be made no later than thirty days
after the beginning of such fiscal year. If the state makes such
an audit, the council may accept it as satisfying the requirements
of this section.
Section 4.13. Procedure.
(a) Meetings. The council shall meet regularly at least once
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 three or more members and, whenever practicable,
upon no less than twelve hours' notice to each member. All
meetings shall be public; however, the council may recess for the
purpose of discussing in a closed or executive session limited
to its own membership any matter which would tend to defame
or prejudice the character or reputation of any person, provided
that the general subject matter for consideration is expressed in
the motion calling for such session and that final action thereon
shall not be taken by the council until the matter is placed on the
agenda.
(b) Rules and Journal. The council shall determine its own
rules and order of business and shall
journal of its proceedings. This journal shall provide for keeping
be a public record. a E
(c) Voting. Voting, except on procedural motions, shall be by
roll call and the ayes and nays shall be recorded in the
journal. Three members of the council shall constitute a quorum,
but a smaller number may adjourn from time to time and
i
1131
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CHAPTER 72-718 LAWS OF FLORIDA
t
may compel the attendance of absent members in the manner
and subject to the penalties prescribed by the rules of the coun-
cil. No action of the council, except as otherwise provided in the
r preceding sentence shall be) valid or binding unless adopted by
the affirmative vote of three or more members of the council.
Section 4.14.
Action Requiring an Ordinance. In addition to
j other acts required by law or by specific provision of this char-
1 ter to be done by ordinance, those acts of the city council shall be
by ordinance which:
is
(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 im-
posed;
r (3) Levy taxes, except as otherwise provided in Article VIII
with respect to the
budget; property tax levied by adoption of the
(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) Convey or lease or authorize the conveyance or lease of
any lands of the City;
E
(7) Adopt with or without amendment ordinances proposed J
under the initiative power; and t,
(8) Amend or repeal any ordinance previously adopted, ex- n
cept as otherwise provided in Article X with respect to repeal of
ordinances reconsidered under the referendum power. a
Section 4.15. Ordinances in General.
W
(a) Form. Every proposed ordinance shall be introduced in ap
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:
pa'
an(
1132
LAWS OF FLORIDA CHAPTER 72-718
"THE CITY OF WINTER SPRINGS HEREBY ORDAINS..."
(b) Procedure. An ordinance may be introduced b
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 said reading may be by title only if all
members of the City 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 reading by a minimum of ten
days; provided, however, this requirement may be waived by a
unanimous vote of all five members of the council. All ordinances
shall be posted in the City Hall for thirty days after their
first reading.
(c) Effective Date. Except as otherwise this
charter, every adopted ordinance shall become effective iviat the
expiration of thirty days after adoption or at any date specified
therein.
Section 4.16. Authentication and Recording;
The Mayor and the City Clerk shall authenticate by thheirl signa-
tures all ordinances and resolutions adopted by the City Council
and the City Clerk shall record in full in a properly indexed book
kept for that purpose all such ordinances and resolutions.
ARTICLE V MUNICIPAL COURT
Section 5.01. It is hereby established in the City of Winter
Springs a Municipal Court for said City. The said Court and the
Judge thereof shall have the jurisdictional powers and authority
to try all persons charged with a violation of any of the ordi-
nances of the City of Winter Springs
impose a penalty not to exceed a fine of five hundred dollars,land
a sentence of ninety days.
Section 5.02. The Judge of the Municipal Court of the City of
Winter Springs shall be a member of the Florida Bar Associ-
ation and shall be appointed by the Mayor and subject to the
approval of the City Council on an annual basis.
Section 5.03. The City Clerk shall be the Clerk of the Munici-
pal Court in the absence of a desiion by `
another person to serve as Clerk of the Municipal Coif Council of
1133
I CHAPTER 72-718 LAWS OF FLORIDA
Section 5.04 The Jurisdiction of the Municipal Court of the
City of Winter Springs shall extend throughout Seminole County,
State of Florida, with regard to the issuance of warrants and
summons for the violations of any municipal ordinance.
Section 5.05. The Judge of the Municipal Court of the City of
Winter Springs shall be governed by the rules of procedure
promulgated by the Supreme Court of the State of Florida.
ARTICLE VI. CITY MANAGER
Section 6.01. Appointment; Qualifications; Compensation.
The Council may appoint a City Manager for an indefinite term
and fix his compensation. The manager shall be appointed solely
on the, basis of his executive and administrative qualifications.
He need not be a resident of the City or State at the time of his
appointment, but may reside outside the City while in office only
with the approval of the Council.
Section 6.02. Removal. The Council may remove the City
Manager by motion of the City Council requiring four affirma-
tive votes; the City Manager shall receive thirty days severance
pay in all such cases.
Section 6.03. Powers and Duties of the City Manager. The
City Manager shall be the chief administrative officer of the
City. He shall be responsible to the council for the administration
of all city affairs placed in his charge by or under this char-
ter. 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 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. He may
authorize any administrative officer who is subject to his direc-
tion 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 administration of all
departments, offices and agencies of the city, except as other-
wise provided by this charter.or by law.
(3) He shall attend all council meetings and shall have the
right to take part in discussion but may not vote.
f:
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al
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On
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ing
1134
LAWS OF FLORIDA CHAPTER 72-718
(4) He shall see that all laws, provisions of this charter and
acts of the council, subject to enforcement by him or by officers
subject to his direction and supervision, are faithfully executed.
(8) He shall prepare and submit the annual budget and capi-
tal program to the council.
(6) He shall submit to the council and make available to the
public a complete report on the finances and administrative ac-
tivities of the City as of the end of each fiscal year.
(7) He shall make such other reports as the council may
require concerning the operations of city departments, offices
and agencies subject to his direction and supervision.
(8) He shall keep the council fully advised as to the financial
condition and future needs of the City and make such recommen-
dations to the council. concerning the affairs' of the City as he
deems desirable.
(9) He shall Perform such other duties as are specified in
this charter or may be required by the council.
ARTICLE VII. ADMINISTRATIVE DEPARTMENTS
Section 7.01. The council may establish city departments, of-
fices or agencies in addition to those created by this charter and
may prescribe the functions of all departments, offices and agen-
cies.
Section 7.02. City Attorney. There shall be a city attorney
appointed by the Mayor and approved by the City Council, who
shall represent the City in all legal proceedings and shall per-
form all other duties assigned to him by the City Council.
ARTICLE VIII. FINANCIAL PROCEDURES
Section 8.01. 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 8.02. Submission of Budget and Budget Message.
On or before the first day of July of each year, the Mayor or the
City Manager shall submit to the council a budget for the ensu-
ing fiscal year and an accompanying message.
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CHAPTER 72-718 LAWS OF FLORIDA
Section 8.03. The budget shall provide a complete financial
plan of all city funds and activities for the ensuing fiscal year.
Section 8.04. 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:
(1) The times and places where copies of the messge and
budget are available for inspection by the public, and
(2) The time and place, not less than two 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
estimated cash deficit, provided that no amendment to the
budget shall increase the authorized expenditures to an amount
greater than the total of estimated income.
(c) Adoption. The Council shall adopt the budget on or before
the fifteenth day of September of each year.
Section 8.05. 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 8.06. Amendments After Adoption.
(a) Supplemental Appropriations. If during the fiscal year
the Mayor 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 to meet such
appropriations, the council may by such emergency ordinance
authorize the issuance of emergency notes and renewals of any
1136
LAWS OF FLORIDA CHAPTER 72-718
fiscal year shall be paid not later than the last day of the fiscal
year succeeding that in which the emergency appropriation was
made.
(c) Reduction of Appropriations. If at any time during the
fiscal year it appears probable to the Mayor that the revenues
available will be insufficient to meet the amount appropriated, he
shall report to the council without delay, indicating the esti-
mated amount of the deficit, any remedial action taken by him
and his recommendations as to any other steps to be taken. The
council shall then take such further action as it deems necessary
to prevent or minimize any deficit and for that purpose it may
by ordinance reduce one or more appropriations.
(d) Transfer of Appropriations. At any time during the fis-
cal year the Mayor may transfer part or all of any unencumbered
appropriation balance among programs within a department,
office or agency, and, upon written request by the Mayor, the
Council may by ordinance transfer part or all of any unencum-
bered 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 appropri-
ated or by more than the amount of the unemcumbered balance
thereof. The supplemental and emergency appropriations and
reduction or transfer of appropriations authorized by this section
may be made effective immediately upon adoption.
ARTICLE IX. NOMINATIONS & ELECTIONS
Section 9.01. City Elections. The regular city election shall
be held on the first Tuesday following the first Monday in the
month of December of each year.
Section 9.02. Qualified Voters. All citizens qualified by the
constitution and laws of the State of Florida to vote in the city
and who satisfy the requirements for registration prescribed by
law shall be qualified voters of the City within the meaning of
this charter.
Section 9.03. The City Council, by ordinance, shall adopt such
election procedures as are necessary.
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CHAPTER 72-718 LAWS OF FLORIDA
ARTICLE X. INITIATIVE AND REFERENDUM.
Section 10.01. General Authority.
(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
t' reconsidered, to a
? pprove or reject it at a city election, provided
that such power shall not extend to the budget or capital pro-
gram or any emergency ordinance or ordinance relating to appro-
priation of money or levy of taxes.
Section 10.02. Commencement of Proceedings ; Petitioners'
Committee; Affidavit. Any five qualified voters may commence
initiative or referendum proceedings by filing with the City
Clerk an affidavit stating that they will constitute the petition-
ers' 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.
Section 10.03. Petitions.
(a) Number of Signatures. Initiative and referendum peti-
tions must be signed by qualified voters of the City equal in
number to at least fifteen per cent (15go) of the total number
qualified voters registered to vote at the last regular city elec-
tion.
(b) Form and Content. All papers of a petition shall be F
uniform in size and style and shall be assembled as one instru- t.
ment for filing. Each signature shall be executed in ink or n
1138
LAWS OF FLORIDA CHAPTER 72-718
indelible pencil and shall be followed by the address of the
person signing. Petitions shall contain or have attached thereto
throughout their circulation the full text of the ordinance pro-
posed or sought to be reconsidered.
(c) Affidavit of Circulator. Each paper of a petition shall
have attached to it when filed an affidavit executed by the
circulator thereof stating that he personally circulated the pa-
per, the number of signatures thereon, that all the signatures
were affixed in his presence, that he believes them to be the
genuine signatures of the persons whose names they purport to
be and that each signer had an opportunity before signing to
read the full text of the ordinance proposed or sought to be
reconsidered.
(d) Time for Filing Referendum Petitions. Referendum pe-
titions must be filed within thirty days after adoption by the
council of the ordinance sought to be reconsidered.
Section 10.04. Procedure After Filing.
(a) Certificate of Clerk, Amendment. Within twenty days
after the petition is filed, the City Clerk shall complete a certifi-
cate 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 the 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 days after receiving the copy of his certificate
and files a supplementary petition upon additional papers within
ten days after receiving the copy of such certificate. Such sup-
plementary petition shall comply with the requirements of sub-
sections (b) and (c) of Section 9.03, and within five days after it
is filed the clerk shall complete a certificate as to the suffi-
ciency of the petition as amended and promptly send a copy of
such certificate to the petitioner's committee by registered mail
as in the case of an original petition. If a petition or amended
petition is certified sufficient, or if a petition or amended peti-
tion is certified insufficient and the petitioners' committee does
not elect to amend or request council review under subsection
(b) of this section within the time required, the clerk shall
1139
CHAPTER 72-718 LAWS OF FLORIDA
i
promptly present his certificate to the council and the certificate
shall then be a final determination as to the sufficiency of
the petition.
(b) Council Review. If a petition has been certified insuffi-
cient and the petitioners committee does not file notice of inten-
tion to amend it or if an amended petition has been certified
insufficient, the committee may, within two days after receiving
the copy of such 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. ,
(c) Court Review; New Petition. A final determination as to
the sufficiency of a petition shall be subject to court review.
A final determination of insufficiency, even if sustained upon
court review, shall not prejudice the filing of a new petition for
the same purpose.
Section 10.05. Referendum Petitions; Suspension of Effect
of Ordinance.
When a referendum petition is filed with the City Clerk the
ordinance sought to be reconsidered shall be suspended from
taking effect. Such suspension shall terminate when:
(1) There is a final determination of insufficiency of the
petition, or
(2) The petitioners' committee withdraws the petition, or
(3) The council repeals the ordinance, or
(4) Thirty days have elapsed after a vote of the City on the
ordinance.
Section 10.06. Action on Petitions.
(a) Action by Council. When an initiative or referendum
petition has been finally determined sufficient, the council shall
promptly consider the proposed initiative ordinance in the man-
ner provided in Article IV or reconsider the referred ordinance
by voting its repeal. If the council fails to adopt a proposed
c
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r
9
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i]
r,
1140
LAWS OF FLORIDA CHAPTER 72-718
initiative ordinance without any change in substance within sixty
days or fails to repeal the referred ordinance within thirty
days after the date the petition was finally determined suffi.
cient, it shall submit the proposed or referred ordinance to the
voters of the City.
(b) Submission to Voters. The vote of the City on a proposed
or referred ordinance shall be held not less than thirty 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 within 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 such regular election, except that the council may in its
descretion provide for a special election 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 Petitions. An initiative or referendum pe-
tition may be withdrawn at any time prior to the fifteenth day
preceding the day scheduled for a vote of the City by filing with
the City Clerk a request for withdrawal signed by at least four
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 10.07. Results of Election.
(a) Initiative. If a majority of the qualified electors 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 ordi-
nances are approved at the same election, the one receiving he
greatest number of affirmative votes shall prevail to the extent
of such conflict.
(b) Referendum. If a majority of the qualified electors
vot-
ing on a referred ordinance vote against it, it shall be considerrepealed upon certification of the election results.
ARTICLE XI. AMENDMENTS
Section 11.01. Amendments to this charter may be proposed
and adopted by the legislature of the State of Florida or by the
1141
i
CHAPTER 72-718 LAWS OF FLORIDA
City Council pursuant to the home rule powers granted under the
constitution of the State of Florida.
,
C
ARTICLE XII. SEPARABILITY o'
Section 12.01. Separability. If any provision of this charter is a.
ai
held invalid, the other provisions of the charter shall not be
affected thereby. If the application of the charter or an
f i of
y o
ts
provisions to any person or circumstance is held invalid, the
application of the charter and it
i
s prov
sions to other persons or
circumstances shall not be affected thereb
y.
ARTICLE XIII. TRANSITIONAL PROVISIONS
Section 13.01. City Ordinances. All city ordinances, and reso-
lutions which are in force when this charter b
ecomes fully effec-
tive, shall remain in full force and effect to the extent that they
are not in conflict with this charter. AT
}
Section 13.02. City Contracts. All rights, claims, and con-
tracts shall continue except as modified
ur
t t
p
suan
o the provi-
sions of this charter.
Section 13.03. All elected and appointive city officials shall E
retain their respective positions until the first election held pur- Be
suant to the requirements of this charter.
Section 13.04: by
Provision for referendum; form of ballot-Within sixty days crei
St
after the effective date of this act, the City Council shall submit a
to a referendum election the question as to the adoption of this S
charter. Such election shall be held in conformity with the laws tort'
and ordinances in force relating to elections in the City of Winter ized
Springs as established by the municipality which is proposed shal
to be succeeded by this act. The ballot to be used in the referen- N
dum election shall be substantially in the following form: 1i
"Shall the legislative charter providing a form of government
for the City of Winter Springs, as passed in the 1972 legisla- R
1E
ture of the State of Florida, be adopted" in
For adoption ------ _______ or.
Se
Against adoption N
- sh
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LAWS OF FLORIDA CHAPTER 72-719
Section 13.05. Majority vote required for adoption; effective
charter. Provided a majority of the registered voters of the City
of Winter Springs voting in said referendum election vote "for
adoption", then the provisions of this charter shall become oper-
ative and be in full force and effect on, from and after the date
of such election.
Became a law without the Governor's approval.
Filed in Office Secretary of State April 20, 1972.
CHAPTER 72-719
House Bill No. 3375
AN ACT to create, establish and organize a municipality to be
known and designated as the city of Woodville, Florida, and to
define its territorial boundaries and to provide for its govern-
ment, jurisdiction, powers, franchises and privileges; repealing
all laws or parts of laws in conflict; providing for a refer- '
endum.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Name.-That a municipal corporation under and
by the name of the "City of Woodville, Florida," is hereby
created, organized and constituted in the county of Leon, in the
State of Florida.
Section 2. Boundaries.-That the following shall be the terri-
tory the inhabitants of which are hereby established and organ-
!zed into a municipal corporation, and of which such municipality
shall exercise its jurisdiction and powers, to-wit:
Northwest quarter of Northwest quarter (NW 1/4 of NW
1/4), and South three-quarters (S 3/4) of Section 8; and
Southwest quarter (SW 1/4) of Section 9; and all of Section
16; and all of Section 17; and all of Section 20, less that part
in Wakulla County, Florida; and all of Section 21, less South
one-half of Southeast quarter (S 1/2 of SE 1/4) ; and all of
Section 28, less East one-half of Northeast quarter (E 1/2 of
NE 1/4), and less that part in Wakulla County, Florida, Town-
ship 2 South, Range 1 East, all in Leon County, Florida.
i
1143