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HomeMy WebLinkAboutOrdinance 241 Charter Amendments ORDINANCE NO. 241 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE ADOPrION OF CERTAIN AMENDMENTS TO THE CHARTER OF THE CITY; RENAMING THE CITY COUNCIL TO BE CALLED THE CITY COMMISSION; TRANSFERRING CERTAIN DUTIES OF THE MAYOR TO THE CITY MANAGER; DELETING ALL REFERENCE TO MUNICIPAL COURTS; EXTENDING THE TERM OF OFFICE OF THE MAYOR AND CITY COMMISSION; RENUMBERING CERTAIN SECTIONS; SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. WHEREAS, pursuant to Section 166.031 Florida Statutes (1979) the City of Winter Springs may amend its Charter in whole or in part by Ordinance subject to a referendum by the electorate. WHEREAS, the City of Winter Springs, Florida, has determined that it would be in the best interest of the City to amend certain sections of its Charter. WHEREAS, the municipal courts have been abolished in the State of Florida. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION 1 - All reference to municipal courts is deleted from the Charter and the sections following the present Article V are renumbered to reflect the deletion. SECTION 2- The Charter of the City of Winter Springs shall be amended as fo Hows: ARTICLE I. CORPORATE NAME. Section 1.01 The municipality hereby established shall be known as the City of Winter Springs, Florida. ARTICLE 11. TERRITORIAL BOUNDARIES. Section 2.02 All property annexed to the City of Winter Springs, Florida, since the adoption of the Charter of 1972. Section 2.03 Annexation. The Commission of the City of Winter Springs, Florida, may propose by Ordinance to annex an area of contiguous, compact, unincorporated land to the territorial limits of the municipality; or upon petition by all land owners of real property which is contiguous, reasonably compact and unincorporated, the City of Winter Springs, may annex said land to the territorial limits of the municipality by ordinance. The procedure to be followed in the annexation of territory shall be as set forth in Chapter 171 Florida Statutes as it now exists or as it may be renumbered or amended. ARTICLE III. POWERS OF THE CITY Section 3.01. The City shall have all powers possible for a City to have under the constitution and laws of this State as fully and completely as though they were specifically enumerated in this Charter. Section 3.02 and Section 3.03 are deleted. ARTICLE IV. MAYOR AND CITY COMMISSION Section 4.01 There shall be a City Commission of five members and a Mayor, each to be elected by the qualified voters of the City at large. Section 4.02. Only qualified voters of the City shall be eligible to hold the office of Mayor or Commissioner. Section 4.03. Election and terms. (a) The regular election of Mayor and Commissioners shall be held on the first Tuesday following the first Monday in the month of November of each year an election is held. All elections shall be for three year terms of office. The terms of the Mayor and Commissioner shall begin the first Monday after the first day of December of each year an election is held. (b) City Commission seats are hereby designated as seats one, two, three, four and five. The councilman elected to serve on the City Council of the City of Winter Springs, Florida, shall serve as the first City Commission until the first election under this Charter. (c) Those councibmen and Mayor elected simultaneously with the referendum election held pursuant to Section 166.031 Florida Statutes at which this Charter was approved by the Electorate shall serve as Commissioners and Mayor for a three year term; at the first election held under this Charter the remainder of the previously elected two year term positions shall be for three years. Section 4.04. Compensation; Expenses. The City Commission may determine the annual salary of Mayor and Commissioners by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of Mayor and Commissioners elected at the next regular election, provided that such election follows the adoption of such ordinance by at least six (6) months. The Mayor and each Commissioner of -2- the City shall be reimbursed from the City treasury to cover the expenditures naturally and necessarily incurred in the performance of their duties of office and said reimbursement for expenses shall be established by resolution. Section 4.05. Mayor. The Mayor shall act and serve as Chairman of the City Commission, shall be the Chief Executive Officer of the City, shall preside at its meetings, shall be recognized as head of the City Government for all ceremonial purposes and be the Governor for purposes of military law. Additionally, the Mayor shall have the responsibility of the administrative duties of the City Manager in the event the City Commission does not appoint a City Manager, unless otherwise provided in this charter. The Commission shall elect from among its members a Deputy Mayor who shall act as Mayor during the absence or disability of the Mayor, and if a vacancy occurs, shall become Mayor for the remainder of the unexpired term, or until the first municipal election after the vacancy occurs, which ever shall occur first. If a municipal election is held prior to the expiration of a mayor's term of office, the electors of the City shall elect a new Mayor to fulfill the remaining unexpired term of office. The Mayor shall not vote except in case of a tie vote of the Commission. Within ten (10) days after the adoption of any ordinance by the City Commission, the Mayor shall have the power to veto said ordinance and return it to the Commission at the next regular meeting with a written message. It shall require 4/5 vote of the City Commission to pass the ordinance after the Mayor's veto. Section 4.06. General powers and duties. All powers of the City shall be vested in the Commission, except as other- wise provided by law or this Charter, and the Commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law. Section 4.07. Prohibitions; holding other office. Except where authorized by law, no Commissioner shall hold any other City office or City employment during the term for which he was elected to the Commission. Section 4.08. Vacancies; forfeitures of office; filling of vacancies. (a) Vacancies. The office of the Commissioner or Mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office. -3- (b) Forfeiture of office. A Commissioner or Mayor shall forfeit his office if he: (1) Lacks at any tine during his term of office any qualifications prescribed by this Charter or by law; or (2) Violates any express prohibition of this Charter; or (3) Is Convicted of a felony; or (4) Fails to attend three consecutive regular meetings of the Commission without being duly excused by the Commission. (c) Filling of vacancies. A vacancy in the Commission shall be filled until the next regular election by the Commission on a majority vote of all its remaining members. Section 4.09. Judge of qualifications. The Commission shall be the Judge of the election and qualifications of its members and of the grounds of forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require production of evidence. A member charged with conduct constituting grounds for forfeiture of his office shall be so notified by certified mail and shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of a general circulation in the City at least one week in advance of the hearing. Decisions made by the Commission under this section shall be subject to review by the courts. Section 4.10. City Clerk The Mayor shall appoint an officer of the City who shall have the title of City Clerk and who shall be approved by the City Commission. The City Clerk shall give notice of Commission meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to him by this Charter or by the Commission. Section 4.11. Investigations. The Commission may make investigations into the affairs of the City and the conduct of any City Department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Commission shall be guilty of a misdemeanor and punishable by a fine of not more than Five Hundred ($500.00) Dollars or by imprisonment for not more than ninety (90) days or both. Section 4.12. Independent audits. The Commission shall provide for an independent audit of all City accounts -4- and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of accountants who have no personal interest, direct or indirect in the fiscal affairs of the City Government or any of its officers. The Commission may, 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 (30) days after the beginning of such fiscal year. If the State makes such an audit the Commission may accept it as satisfying the requirement of this section. Section 4.13. Procedure. (a) Meetings. The Commission shall meet regularly at least once every month at such times and places as the Commission may prescribe by rule. Special meetings shall be held on the call of the Mayor or three (3) or more members and whenever practicable, upon no less than twelve (12) hours notice to each member. All meetings shall be public. (b) Rules and journal. The Commission shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. (c) Voting. Voting, except on procedural matters, shall be by roll call and the ayes and nays shall be recorded in the journal. Three (3) members of the Commission shall constitute a quorum but a smaller number may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Commission. No action of the Commission shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the Commission. Section 4.14. Actions requiring an ordinance. In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance, those acts of the City Commission shall be done by ordinance which: (1) Adopt or amend an administrative code or establish or alter or abolish any City Department, office or agency; (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (3) Levy taxes, except as otherwbe provided in Article VII with respect to the Property tax levied by the adoption of the budget; -5- (4) Grant or renew or extend a franchise; (5) Regulate the rate charged for its services by the Public Utility, except telephone and telegraph companies and public utilities regulated by the Florida Public Service Commission; (6) Conveyor lease or authorize the conveyance or lease of any land of the City; (7) Adopt without amendment ordinances proposed under the initiative power; and (8) Amend or repeal any ordinance previously adopted, except as other- wise provided in Article IX with respect to repeal of ordinances reconsidered under the referendum power. Section 4.15. Ordinances in general. (a) Form. Every proposed ordinance shall be introduced in writing in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Winter Springs hereby ordains:" (b) Procedure. An ordinance may be introduced by any member at any regular or special meeting of the Commission. Upon introduction of any ordinance, it shall be read in its entirety; provided however the said reading may be by title only if all members of the City Commission so vote. All ordinances shall be read twice, the second reading of any ordinance shall be by title only and shall follow the first by a mininum of ten (10) days; provided however, this require- ment may be waived by a unanimous vote of all five (5) members of the Commission. All ordinances shall be posted in the City Hall for thirty (30) days after their first reading. (c) Effective date. Except as otherwise provided in this Charter, every adopted Ordinance shall become effective at the expiration of thirty (30) days after adoption or at any date specified therein. Section 4.16. Authentication and recording; codification. The Mayor and the City Clerk shall authenticate by their signatures all ordinances and resolutions adopted by the City Commission and the City Clerk shall record in full in a properly indexed book kept for that purpose all such ordinances and resolutions. ARTICLE V. CITY MANAGER Section 5.01. Appointment; qualifications, compensation. -6- The Commission may appoint a City Manager for an indefinite term and fix his compensation. The Manager shall be appointed solely on the basis of his executive and administrative qualifications. In the event the commission does not appoint a City Manager, the administrative duties of the Manager shall be the responsibility of the Mayor unless otherwise provided in this charter. Section 5.02. Removal. The Commission may remove the City Manager by motion of the City Commission requiring four (4) affirmative votes; the City Manager shall receive thirty (30) days severance pay in all such cases. Section 5.03. Powers and duties of the City Manager. The City Manager shall be the Chief Administrative officer of the City. He shall be responsible to the Commission for the administration of all City affairs placed in his charge by or under this Charter. He shall have the following powers and duties: (1) He shall appoint and when he deems it necessary for the good of the service, suspend or remove all City employees and appoint administrative officers provided for, by or under this Charter except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (2) He shall direct and supervise the administration of all departments, officers and agencies of the City except as otherwise provided by this Charter or by law. (3) He shall attend all Commission meetings and shall have the right to take part in discussions but may not vote. (4) He shall see that all laws, provisions of this Charter and acts of the Commission subject to enforcement by him or by officers subject to his direction and supervision are faithfully executed. (5) He shall prepare and submit the annual budget and capital program to the Commission. (6) He shall submit to the Commission and make available to the public a complete report on the finances and administrative activities of the City at the end of each fiscal year. (7) He shall make such other reports as the Commission may require concerning the operations of City Departments, officers and agencies subject (7) to his direction and supervision. (8) He shall keep the Commission fully advised as to the financial condition and future needs of the City and make such recommendations to the Commission concerning the affairs of the City as he deems desirable. (9) He shall perform such other duties as are specified in this Charter or may be required by the Commission. Section 5.04. Acting City Manager. By letter filed with the Commission the Manager shall designate, subject to approval by the Commission a qualified City Officer to exercise the powers and perform the duties of Manager during his teaporary absence or disability. During such absence or disability the Commission may revoke such designation at any time and appoint another officer of the City to serve until the Manager shall return or his disability shall cease. ARTICLE VI. ADMINISTRATIVE DEPARTMENTS. Section 6.01. The Commission may establish City Departments officers or agencies in addition to those created by this Charter and may prescribe the functions of all departments and agencies. Section 6.02. City Attorney. There shall be a City Attorney appointed by the Mayor and approved by the City Commission. who shall represent the City in all legal proceedings and shall perform all other duties assigned to him by the City Commission. ARTICLE VII. FINANCIAL PROCEDURE Section 7.01. Fiscal year The fiscal year of the City shall begin on the first day of October and end on the last day of September. Section 7.02. Submission of budget and budget message. On or before the first day of July of each year the City Manager shall submit to the Commission a budget for the ensuing fiscal year and an accompanying message. Section 7.03. The budget shall provide the complete financial plan of all City funds and activities for the ensuing fiscal year. Section 7.04. Commission action on budget. (a) Notice and hearing. The Commission shall publish in one or more newapapers with a general -8- circulation in the City, the general summary of the budget and a notice stating: 1. The times and places where copies of the message and budget are available for inspection by the public; and 2. The time and place but not less than two (2) weeks after such publication for a public hearing on the budget. (b) Amendments before adoption. After the public hearing the Commission may adopt the budget with or without amendment. In amending the budget. it may add or increase programs or amounts and may delete or decrease any program or amounts except expenditures required for debt service or for est~ting cash deficit, provided that no amendment to the budget shall increase expenditures to an amount greater than the total of estimated income. (c) Adoption. The Commission shall adopt the budget on or before the fifteenth day of September of each year. (d) Except as otherwise provided by State law. Section 7.05. 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 7.06. Amendments after adoption. (a) Supplemental appropriations. If during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Commission by ordinance may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life. health, property, or the public peace the Commission may make emergency appropriations. To the extent that there are no available unappropriated revenues to meet such appropriations. the Commission may by such emergency ordinance authorize the issuance of emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year succeeding that in which the emergency appropria- tion was made. (c) Reduction of appropriations. If at any time during the fiscal year it appears probable to the City -9- Manager that the revenues available will be insufficient to meet the amount appropriated, be shall report to the Commission without delay, indicating the estimated amount of the deficit, and the remedial action by him and his recommendations as to any other steps to be taken. The Commission shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one or more appropriations. (d) Transfer of appropriations. At any time during the fiscal year the City Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency, and, upon written request by the City Manager, the Commission may by ordinance transfer part or all of any unencumbered appropriation balance from one department, office or agency to another. (e) Limitations; Effective date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amounts required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations author- ized by this section may be made effective immediately upon adoption. ARTICLE VIII. Nominations and elections. Section 8.01. The City elections. The regular City elections shall be held on the first Tuesday following the first Monday in the month of November of each year an election is held. Section 8.02. Qualified voters. All citizens qualified by the constitution and laws of the State of Florida to vote in the City andwAosatisfy the requirements for registration prescribed by law shall be qualified voters of the City within the meaning of this Charter. Section 8.03. The City Commission, by ordinance, shall adopt such election procedures as are necessary. ARTICLE IX. INITIATIVE AND REFERENDUM. Section 9.01. General authority. (a) Initiative. The qualified voters of this City shall have power to propose ordinances to the Commission and, if the Commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital program or -10- 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 recon- sideration by the Commission of any adopted ordinance and, if the Commission fails to repeal an ordinance so reconsidered, to approve or reject it at a City election, provided that such power shall not extend to the budget or capital program, or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. Section 9.02. Commencement of Proceedings; Petitioners' Committee; Affidavit. Any five (5) qualified voters may conmence 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. Section 9.03. Petitions. (a) Number of signatures. Initiative and referendum petitions must be signed by qualified voters of this City equal in number to at least fifteen (15) per cent of the total number of qualified voters registered to vote at the last regular City election. When the registered electors of the City of Winter Springs reaches 7,000, then the percentage changes to ten (10) per cent and remains ten (10) per cent thereafter. (b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitioners shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of circulator. -11- Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the paper. the number of signatures thereon. that all signatures were affixed in his presence, that he believes them to be the genuine sig- natures of the persons name they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for filing referendum petitions. Referendum petitions must be filed within thirty (30) days after adoption by the Commission of the ordinance sought to be reconsidered. Section 9.04. Procedure after filing. (a) Certificate of the Clerk; amendments. Within twenty (20) days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the Petitioners' Committee by registered mail. A petition certified insufficient for lack of a required number of valid signatures may be amended once if the Petitioners' Committee files a notice of intention to amend it with the Clerk within two (2) days after receiving the copies of the Clerk's certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copies of said certificate. Such supplementary petitioner shall comply with the requirements of subsections (b) and (c) of Section 9.03 and within five (5) days after it is filed the Clerk shall complete a certificate as to sufficiency of the petition as amended and promptly send a copy of said certificate to the Petitioners' Committee by registered mail as in the case of an original petition. When a petition or amended petition is certified insufficient and the Petitioners' Committee does not elect to amend or request Commission review under subsection (b) of this section within the time required, the Clerk shall promptly present his certificate to the Commission and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Commission review. If a petition has been certified insufficient and the Petitioners' Committee does not file a notice of intention to amend it or if an amended petition has been certified insufficient. the Committee may within two (2) days after receiving the copy of said certificate, file a request that it be reviewed -12- by the Commission. The Commission shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Commission determination shall then be a final determination as to the sufficiency of the petition. (c) Court review; new petition. A final determination as to the sufficiency of a petition shall be subject to Court review. A determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. Section 9.05. Referendum petitions; suspension of effect of ordinance. When a referendum petition is filed with the City Clerk the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: 1. There is a final determination of sufficiency of the petition; or 2. The Petitioners' Committee withdraws the petition; or 3. The Commission repeals the ordinance; or 4. The supervisor of elections shall certify that the vote of the electorate failed to repeal the ordinance reconsidered. Section 9.06. Action on petition. (a) Action by Commission. When an initiative or referendum petition has been finally determined suffiCient, the Commission shall properly consider the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by voting its repeal. If the Commission fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days of the date the ordinance was finally determined suffiCient, it shall submit the proposed referred ordinance to the voters of the City. (b) Submission to voters. The vote of the City on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than one year from the date of the final Commission vote thereon. If no regular City election is to be held in the period prescribed in this subsection, the Commission shall provide for a special election; otherwise, the vote shall be held at the same time as said regular election, except that the Commission in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the -13- proposed or referred ordinance shall be made available at the polls. (c) Withdrawal of petition. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the City by filing with the City Clerk a request for withdrawal signed by at least four (4) members of the Petitioners' Committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated. Section 9.07. Results of election. (a) Initiative. If a majority of the qualified voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Commission. If con- flicting ordinances are approved at the same election the one receiving the greatest number of affirmative votes shall prevail to the extent of such con- flict. (b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. ARTICLE X. AMENDMENTS. Section 10.01. Amendments to this Charter may be proposed and adopted by the legislature of the State of Florida or by the City Commission pursuant to the home rule powers granted under the Constitution of the State of Florida. ARTICLE XI. SEVERABILITY. Section 11.01. Severability. If any provision of this Charter is held invalid the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. ARTICLE XII. POWERS. Section 12.01. As provided in Article VIII, Section 2(b) of the State Constitution the -14- City of Winter Springs shall have the governmental, corporate and proprietary powers to enable the City to conduct municipal government. perform municipal functions and render municipal services and may exercise any power for municipal purposes except when expressly prohibited by law. ARTICLE XIII. TRANSITIONAL PROVISIONS. Section 13.01. City Ordinances. All City ordinances and resolutions which are in force when this Charter becomes fully effective shall remain in full force and effect to the extent that they are not in conflict with this Charter. Section 13.02. City Contracts. All rights, claims and contracts shall continue except as modified pursuant to the provisions of this Charter. Section 13.03. All elected and appointed City Officials shall retain their respective positions until the first election held pursuant to the requirements of this Charter. Section 13.04. Provision for referendum; form of ballots. The City Commission shall submit to a referendum election the question as to the adoption of this Amended Charter. Such election shall be held at the next regularly scheduled election of the City or at a special election te be held within ninety (90) days of the passage of the ordinance amending this Charter by the City Commission and shall be held in conformity with the laws and ordin- ances in force relating to elections in the City of Winter Springs. The ballot to be used in the referendum election shall be substantially in the following form: "Shall the amended Charter providing a form of govermnent for the City of Winter Springs be adopted." For Adoption: Against Adoption: 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 amended Charter shall become operative and be in full force and effect upon filing this Amended Charter with the Department of State pursuant to Section 166.031 (2) Florida Statutes (1979). SECTION III - If any section or portion of this Ordinance proves to be -15- invalid, unlawful or unconstitutional, it shall not be held to invalidate or Unpair the validity, force or effect of any other section or portion of a section or sub-section or part of this Ordinance. SECTION IV - That all ordinances or parts of ordinances in conflict herein are hereby repealed. SECTION V - This ordinance shall take effect immediately upon its final passage and adoption. PASSED AND ADOPTED THIS 14 day of July, 1981. CITY OF WINTER SPRINGS, FLORIDA By: Troy J. Piland, MAYOR ATTEST: Mary T. Norton CITY CLERK FIRST READING May 26, 1981 SECOND READING July 14, 1981 ORDINANCE WAS POSTED MAY 27, 1981. -16- '... ~. . .. ~. ( "",,cA, \ .......... CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING You are hereby informed that the City Council of the City of Winter Springs, Florida, will hold a public hearing on an ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AU'l'HORIZING THE AOOPrION OF CERTAIN AMENDMENTS TO THE CHARTER OF THE CITY; RENAMING. THE CITY COUNCIL TO BE CALLED'DRE CITY COMMISSION'; TRANSFERRING CERTAINDU'l'IES OF THE KAYOR TO THE CITY MANAGER; DELETING ALL REFERENCE TO MUNICIPAL COURTS; EXTENDING THE TERM OF OFFICE OF THE KAYOR AND CITY COMMISSION;. RENUMBERING CERTAIN SECTIONS; SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p.m. or as soon thereafter as possible on Tuesday, _ape 23, 1981, in the Council Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Interested parties may appear at this hearing and be heard with respect to this proposed ordinance. Please he advised that, under State Law, if you decide to appeal a decision made with respect to this matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made. Dated this 29th day of May , 1981. CITY OF WINTER SPRINGS ~r~ Nary T. Norton, City Clerk -j-, . " .'\ SEN'RNEL STAR - Publi.h~d Daily. . Orlando~ Oran(rf' Count~.. Florida e ADVERTISING CHARGE $36.10 ~tate of 1Ioriba t ('OUNTY OF ORANGE \ 88. Before the undersigned authority personally appeared Virginia Hollingsworth , who on oath says that she is the Legal Advertising Representative of the Sentinel Star, a Daily newspaper published at Orlando, in Orange County, Florida; that the attached copy of ad. vertisement, being siN 0 tic e 0 f Pub 1 i c H ear in g 6 ,I 2 Bt the matter of Orclin::!nC'P !'ll1f"hnri'7.ing adoption of certain a- mendmen ts to the Char ter of in the Court, the City, etc. was published in saiil. newspaper in the issues of M::!y 11, J9Rl Affiant further says that the said Sentinel Star is a newspaper published at Or- lando, in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, each Week Day and has been entered as second.class mail matter at the post office in Orlando, in said Orange County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission ::w'::::~o, the poepoee of ;~ng thf. ,"'Vorlfsem7 fo, PUbli'l'tiO:; ""'. ie/ tr'~ 1wt.1.u~ Sworn to and subscribed before me this 1 s t day of June A..D., 19J1i. ~&" ~,~ Not~y Public ~ Notary Public, State. of Florida at Large My Commission Expires Jan. 21, 1984 Form No. AD-291A ~ CITY OF WINTER SPAINOS, . FLORIDA NOTICE qF' PU8LIC HEARING 'YOU a,. h.r'ebyli'lfOrn'I~lhal Ihe Cfty Council ol.~ Cltyot Wint~r Spt'll'\lIs, Florida, 'Will hold a public hearing on ll!'l ol'dlnance antillaCI 'as follows: AN ORDINANCE 01' THE CITY OF. WINTER SPRINGS. FLOR. IDA. AUTHORIZING THE ADOPTION OF CERTAIN AMENOMENTSTO THE CHARTER OF THE CITY; REN- AMING .''rHE CITY COUNCIL TO IlE. CALLED THE CITY COMMiSSION; TRANSFER- RING CERTAIN DUTII;1S OF THE MAYOR TD.THE CITY MANAGER; DELETING ALL REFERENCE TO MUNICIPAL COURTS; EXTENDING THE TERM OF OFFICE OF THE MAYOR AND CITY COMMIS- , SION; RENUMBERING CER. ' TAIN SECTIONS; SEVERABIL. ITY; CONFLICTS AND EFFEC- TIVE DATE. .This Public Hea,ing w,ill be hald at 1:30' p.m. or as soon thereafta, as :possible. on Tuftdav, June 23. 19$1. in Ih.COuncil Chambe"City Hal/. 4()Q N. Edgemon Ava., W.nte, Spring.. .Copies o! tile ,propoaeCl ordlnanca ja'. available In tha office 01 the 'City CI....1or inspection. .lnte'estaCI : partias may appear at thiS hallr.ng ;and be haa,d with 'espect to Ih.s ,Q,opC)sad.ordinance. "Please be 'adviseq Ihal,'uridar Stata '4aw, il yOu decide to appeal a de- cision. maCllll wit~ raapacl IO thiS mattar. you win naael a record 01 ,thaproCaedings and may naaeI to en.,ra that a. varbatlm ,eeol'd Is :matja. Dated. this 29th day 01 May, 1981. CITY OF WINTER SPRINGS . "$1 Mary T.Norton Mary T. Norton, CL~8~~cla'k. Ma~3.1,1981 \