HomeMy WebLinkAbout2000 09 26 Charter Review Committee Workshop Minutes
Joseph James De Minico, Jr.
985 Troon Trace, Winler Springs, FL 32708-4319
Phone (407) 359-3960 . Fax (407) 359-4197 . E-mail jdcminic~ir'ii;cflrr.com
CORRECTED COPY
Tuesday, September 26, 2000
Citizen Proposal for Charter Amendment for the City of Winter Sprine:s
I am here to present the subject amendment proposal to the charter review committee. I
request the clerk enter my remarks verbatim into the public record of this meeting.
The follow amendment proposal is meant to bring needed fiscal accountability to the
Commission-City Manager system of government in this city.
Article VII, Section 7.07, Managing finances; borrowing money; selling bonds.
To be added as a new section and to read as follows:
7.07 Managing finances; borrowing money; selling bonds.
Unless authorized by the electors of the city at a duly held referendum election, the
city commission shall not authorize or allow to be authorized, the issuance of revenue bonds or
enter into lease purchase contracts or any other unfunded multi-year contracts for the purchase of
real property or the construction of capital improvements, whereby the repayment of which
extends beyond the end of any fiscal year.
Rationale: This amendment has passed in at least three Seminole County cities with popular
approval by their respective electorates. The cities are: Lake Mary (1991), Longwood, and
Oviedo (attachments). Lake Mary was represented in 1991 by Stenstrom, McIntosh, Colbert,
Whigham & Simmons, P.A. Currently, Oviedo is represented by Stenstrom, et al. This
amendment has been tested and is tried and true. 1
ATTACHMENTS (5 pa~es): ~"".
()f;;flu ~ t/f7.
I There should be adequate case law to define the authorized categories of funding instruments covered by this
amendment.
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~~~
IN THE CIRCUI ~~ COURT
EIGHTEENTH JUDICIAL CIRCUIT
SEMINOLE COUNTY, FLORIDA
i:.n0nl k,L ('j'" I :.'"
Ned :i "
'St2nst;.:Ji,-;, IY;',;",.. '.1., -"
.
.,:,....
RANDALL c. MORRIS, etc., et al
plaintiffS,
CaE;e No.
Colbert f&. Wh~~h~m ~,A
91-1612-CA-16-K q-~(g-Cl/ 7ntL
~C-'''~~tv.
VB.
EDWIN c. AIKENS, et a1.,
Defendants.
/
FINAL J1J'DGMERT BY STIPULATION
UPON MOTION and stipulation of the parties, it is hereby
ORDERED as follows:
1. That the proposed cha1:'ter amendment as submitted to the City
commission of the City of Lake Mary by defendants, be and the same is hereby
reformed to read as follows:
Unless authorized by the electors of the city at a duly
held referendum election, the City commission shall not
authorize or allow to bl" authorized, the issuance of
revenue bonds or enter int,:) lease purchase contracts or
any other unfunded multi-year contracts for the purchase
of real property or the construction of any capital
improvement, the repayment of which extends beyond the
end of any fiscal year.
2. That Carol Foster, as city Clerk of the City of Lake Mary,
Florida, be and she is hereby ordered to forthwith certify said proposed
charter amendment to the supervi:3or of Elections for Seminole County,
Florida for placement on the ballo1:. to be presented to the electors of the
city of Lake Mary, Florida at the No~ember, 1991 General Election to be held
on November 5, 1991.
AND ORDERED at sanford, Seminole County, Florida, this ~~~
DONE
day of September, A.D., 1991.
/SI ROBERT B. McGREGOR
Ci.reuit Judge
. SEC'. 12.04
LAKE MAR Y
SECTION 12.04 CODIFICATION OF ORDINANCES.
The City Commission shall have authority
to codify its ordinances into a "Code of
Ordinances. City of Lake Mary, Florida," and
by a single ordinance to adopt such "Code of
Ordinances, City of Lake Mary" as a complete
revision of all existing and applicable
ordinances on the date of such adoption; to
amend such Code, once adopted, by reference
to any section or sections, and as many
sections as desired may be amended by one
ordinance. Such "Code of Ordinances, City
of Lake Mary," as amended from time to time.
may be revised and codified or recodified,
and such revised Code may be adopted by a
single ordinance, and upon such revision
shall be in 'full force and effect. The City
Attorney of the City of Lake Mary, shall
have power and authority to codify any duly
adopted ordinance of the City, and assign
proper section numbers and headings to
various parts of such ordinance, and
thereafter such sections shall be cited in
referring to such ordinance. The Court of
the State of Florida shall take judicial
cogni~ance of the Code and/or ordinances
officially printed by the city or certified
copies thereof shall be taken and received
in evidence without proof of the due
presentation and approval of said Code
and/or ordinances.
(Amendment approved by voters 11-4-~2)
ARTICLE XIII:
FINANCIAL PROCEDURES
SECTION 13.01 FISCAL YEAR.
The fiscal year of the City shall begin
on the first day of October and end on the
last day of September.
(Amendment approved by voters ~-1-B7;
amendment approved by voters 11-4-~2)
SECTION 13.02 SUBMISSION OF BUDGET AND
BUDGET MESSAGE.
On or before the last day of July of
each year, the City Manager shall submit to
~he Commission a budget both in fiscal terms
and in terms of the programs of work to be
accomplished. It shall outline the proposed
financial policies of the City for the
ensuing fiscal year, describe the important
features of the proposed budget, indicate
any major changes from the current year in
financial policy including any changes in
budgetary accounting methods from the
current year expenditures and revenues
together with the reasons for such changes;
summarize the City's debt position and
include such other material as the City
Manager deems necessary.
(Amendment approved by voters 9-1-87;
amendment approved by voters 11-4-92)
SECTION 13.03 COMMISSION ACTION ON BUDGET.
1. Notice and hearing. The Commission
shall publish in one or more newspapers of
general circulation in the City rhe general
summary of the budget and a notice as
prov1ded by state law.
1993 $-15
C-fARTER
e
2. Unless authorized by the electors of
the City at a duly held referendum election,
the City Comm1SS10n shall not authorize or
a:low to be authorized, the i5suance of
revenue bonds or enter into lease purchase
contracts or any other unfunded multi-year
contracts for the purchase of real property
0= the construction of any capital
improvement, the repayment of which extends
beyond the end of any fiscal year. (Approved
by the voters of the City of Lake Mary at the
Election held on Nov. 5, 19911
3. Water and Sewer Enterprise Fund. In
order to meet a public emergency affecting
the safety, health and welfare of the
citizens, to meet regulatory conditions
imposed, or to avoid a financial loss to the
utility and where the requirements cannot be
~et through the prudent use of existing
reserves, by the affirmative vote of three
members of the Commission the City may, by
ordinance, incur debt in the Water and Sewer
Enterprise Fund. The debt must be used
within the water and sewer enterprise fund
cnd must be retired from revenues derived
trom the sale of water and sewer services.
The maturity of the debt shall not exceed 80\
of the expected useful life of the ass~ts
~,urchased. This paragraph supersedes
] imitations provided for on the issuance of
debt provided for on the issuance of debt
provided elsewhere in this Charter.
.Amendment approved by voters 9-1-87;
eimendment approved by voters 11- 8 - 88;
~mendment approved by voters 11-4-92)
~ECTION 13.04 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.
iAmendment approved by voters 9-1-87;
amendment approved by voters 11-4-~2)
;?ECTION 13.05 AMENDMENTS AFTER ADOPTION.
1. Supplemental Appropriations. If
during the fiscal year the City Manager
certifies that there are available for
appropriation sources of funds in excess of
::Judgeted uses of funds, the Commission by
resolution may make supplemental
."ppropriations for the year up to the amount
':If such excess"
2. 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 not 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 appropriation was made.
This provision supersedes any limitat10ns on
che issuance of debt that may be provided for
~lsewhere in this Charter.
CHARTER AMENDMENT REQUIRING REFERENDUM
APPROVAL FOR CERTAIN DEBT OBLIGATIONS
SHALL THE CHARTER 0:;;- THE CITY OF LAKE MARY,
FLORIDA BE AMENDED ~r'o PROVIDE FOR REFERENDUM
ELECTION APPROVAL OF REVENUE BONDS, AND LEASE-
PURCHASE OR MULTI-YEAR UNFUNDED CONTRACTS FOR
THE PURCHASE OF REAL PROPERTY OR CONSTRUCTION
OF CAPITAL FACILITIES.
YES
NO
Section 4. Severability. If any section, sentence, phrase,
word or portion of this Resolution is determined to be invalid,
unlawful or unconstitutional, said determination shall not be held
to invalidate or impair the validity, force or effect of any other
section, sentence, phrase, word, or portion of this Resolution not
otherwise determined to be invalid, unlawful or unconstitutional.
Section 5.
Conflicts.
All resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent
of any conf lict.
Section 6. Effective date.. This Resolution shall take effect
immediately upon passage and adoption.
PASSED AND ADOPTED this ~ day of ~pfemlJer
1991.
CITY OF LAKE MARY, FLORIDA
~~C~
Randall C. Morris, Mayor
nEST:
. ."" _ f". n() .~
' ''''II\./"__
~~- - - - . . .
~4lo1 A. rDsLer, City Clerk
~
APP,&'VED ~ .TTIORM ~EGALITY;
VfA,.,{ I, . \oJ / I
.- - "j./..........-
Ned N. Julian.~. .~y Attorney
,
2
Every appropriation, except an
appropriation for a capital expenditure, shall lapse at the
close of the fiscal year to the extent that it has not been
expended or encumbered. An appropriation for a capital
expenditure shall continue ~n force until the purpose for which
it was made has been accomplished or abandoned; the purpose
of any such appropriation shall be deemed abandoned if three
(3) years pass without any disbursement from or encumbrance of
the appropriation.
SECTION 6.10 - ADMINISTRATION OF BUDGET.
(a) Payment and Obligations Prohibited.
No payments shall be made or obligation incurred against
any allotment or appropriation except in accordance with
appropria-tions duly made and unless the Administrator first
certifies that there is sufficient unencumbered balance in such
allotment or appropriation and that sufficient funds therefrom
are or will be available to cover the claim or meet the
obligation when it becomes due and payable. Upon receipt of
such certification, the City Commission shall direct payment of
such claim or obligation in the ordinary course of business.
Any authorization of payment or incurring of obligation in
violation of the provisions of this Charter shall be void and any
payment so made illegal; such action shall be cause for removal
of any officer or employee of the City of Longwood, Florida, who
knowingly authorized or made such payment or incurred such
obligation and said officer or employee shall be liable to the
City of Longwood, Florida for any amount so paid. However,
nothing in this Charter shall prevent incurring obligations or
payment of bills when required due to a natural disaster such as
floods or hurricanes or for other actions required by state law
such as legal advertising. Except where prohibited by law,
nothing in this Charter shall be construed to prevent the making
of contracts for capital improvements to bG financed solely or
partially by the issuance of bonds or to prevent thQ making of
any contracts or lease providing for payments beyond the Qnd of
a fiscal year, provided that such action is made or approved by
ordinance.
(b) Unless authorized by the voters at a
duly held referendum, the City Commission shall not spend or
allow to be spent any funds derived from any source for the
purpose of con-struction of any capital improvement or lease or
purchase of real property, the payment of which extends beyond
the end of any fiscal year.
ARTICLE VII
LAND PLANNING
Longwood City Charter (114-97) Page 18
..
CHARTER
~ 4.08.12
Sec. 4.08.08. Authority of city to levy taxes.
The city council shall have the right to raise by taxation on the taxable property within the
corporate limits of the city and on licenses, such amounts as may be necessary to carry on the
government of said city, not to exceed the millage amount set by genera1laws; and in addition
thereto, shall have the right to levy such additional taxes as may be necessary to pay the
interest on, and to provide a sinking fund for the ultimate redemption of the outstanding bonds
of said city, as may from time to time be issued in accordance with law; and to pay any lawful
judgment which the city may be compelled to satisfy.
Sec. 4.08.09. Transfer of funds during current year.
The city council, by motion duly recorded in its minutes, shall have authority to transfer
appropriated budgeted amounts from one department, division, fund or project to another
municipal department, division, fund or project, under the following conditions and limita-
tions:
~
~~
(a) There shall be no transfer of specially pledged funds until the purpose for which
pledged has been fulfilled or abandoned.
(b) Whenever it is apparent that the full amount of any appropriation made to any office,
department or project i~ *o~.needed or necessary for the purpose for which appropri-
ated. during the current year, the surplus amount may be appropriated to other
projects, offices or departments.
(c) Any accruing revenue or surplus funds not appropriated in the budget or specially
pledged to a definite purpose or fund, may be placed in a contingency account and may
be used for any municipal purpose for which such revenue is applicable.
Sec. 4.08.10. Failure to certify millage rate.
If in any year the city council shall fail to certify a millage rate, the millage rate for the
ensuing fiscal year shall be determined in accordance with the laws of the State of Florida.
Sec~ 4.08.11. Managing finances; borrowing money; selling bonds.
Unless authorized by the electors of the City at a duly held referendum election, the City
Council shall not authorize or allow to be authorized, the issuance of revenue bonds or enter
into lease purchase contracts or any other unfunded multi-year contracts for the purchase of
real property or the construction of capital improvements, the repayment of which extends
beyond the end of any fiscal year.
Sec. 4.08.12. Annual audit.
The books, records and reports of all officers and employees who receive and disburse
public funds, and the books, records and reports of such other officers and employees as the
city council may direct, shall be examined and audited by a certified public accountant at
periods as prescribed by the council and a condensed report of such eY:lmination and audit
CHT:21