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HomeMy WebLinkAbout2010 04 14 Black Lined Version of the Charter April 13, 2010 Winter Springs Ad Hoc Charter Review Committee The attached Black lined version of the Charter was emailed from Anthony A. Garganese's office on April 13, 2010 and forwarded to each of the Committee Members for their review at the next Meeting on Thursday, April 15, 2010. ARTICLE I. CORPORATE NAME Section 1.01. Corporate name. The municipality hereby established shall be known as the City of Winter Springs, Florida. ARTICLE II. TERRITORIAL BOUNDARIES Section 2.01. Territorial Boundaries. Editor's Note: A metes and bounds description of the territorial boundaries of the City of Winter Springs, Florida is presented in Appendix "A." Section 2.02. Property added by annexation since 1972. All property annexed to the City of Winter Springs, Florida, since the adoption of the Charter of 1972. Editor's Note: A listing of ordinances annexing property to the city is maintained at the end of Appendix A. Section 2.03. Annexation procedure. The commission of the City of Winter Springs, Florida, may propose by ordinance to annex . . • .. , , • - .. • . • . - - - - • . contiguous, reasonably compact and unincorporated, the City of Wintcr Springs, may gland to the territorial limits of the municipality : : : ' . . - - . :. - be followed in the annexation of territory shall be as in accordance with the procedures 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. Generally. (a) 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. (b) Without limiting the broad powers outlined in subsection (a) above, and as provided in Article VIII, Section 2(b) of the State Constitution, the 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 IV. GOVERNING BODY Section 4.01. Composition; qualification of members; and commission districts. (a) Composition. There shall be a governing body composed of the mayor and five four (54) commission members elected by the voters of the city as provided in this Charter_ for a term of four (4) years commencing on the first terms shall not exceed four (4) ycars. Not more than one (1) commission member shall reside in each of the five four (54) commission districts provided for in Section 4.02 (a) of this Charter. The mayor shall be elected at large and may reside anywhere within the city. (b) Eligibility. Only qualified voters of the city shall be eligible to hold the office of mayor or commissioner. S.: • • . •. ... - • - Florida, as may be amended from time to time Each candidate seeking the office of city commissioner or mayor or any other elective office of the city shall file a petition signed by fifteen (15) registered voters of the city with the city clerk. Each candidate seeking the office of city commissioner or mayor of any other elective office of the city shall have resided in the city one (1) year prior to the time of qualifying. Each candidate seeking the office of city commissioner shall be a resident of a designated commission district as established by ordinance and shall have resided in the designated commission district six (6) months prior to the time of qualifying. Notwithstanding the above requirement, city commissioners shall run at large as commission candidates under district designation. All candidates for offices in municipal elections shall be registered and qualified electors of the city at the time of their qualifying as a candidate with the city clerk and shall file qualifying papers in accordance with state statutes and pay the qualifying fee and election assessment provided for by city ordinances. Such application shall filed and the qualifying fee paid during the qualifying period established by the city commission by ordinance.: Section 4.02.Commission districts; adjustment of districts. (a) Number of districts. The city commission of the City of Winter Springs, Florida, shall by separate ordinance divide the city into five four (54) geographical commission districts. (b) Districting commission. By the first day of February, 1991, the first day of February, 1992, and every three (3) years thereafter, the city commission shall appoint seven (7) city electors determined from the registration of the last regular election, one (1) to be appointed by each commissioner from his/her respective district, and two (2) appointed by the mayor from the city at large, who shall comprise the districting commission. Electors chosen shall not be employed by the city in any other capacity. The initial districting commission, creating and establishing the first commission districts, shall be appointed by each commissioner and the mayor from the city at large. (c) Report; specifications. The districting commission shall file with the official designated by the city commission a report containing a recommended plan for establishment or adjustment of the commission district boundaries. The initial districting commission, creating and establishing the first commission districts, shall file such report within ninety (90) days of appointment. Thereafter, such reports shall be filed within one hundred twenty (120) days of appointment to the districting commission. The commission district boundaries shall comply with the following specifications: (1) Each district shall be formed of compact, contiguous territory, and its boundary lines shall follow the center lines of streets insofar as practical or possible, or other boundaries available. (2) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed with the designated official, the report shall be treated as an ordinance introduced by a commissioner. (d) Support. It shall be the responsibility of the city manager to provide staff assistance and technical data to the districting commission. (e) Procedure. The procedure for the city commission's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinances is published pursuant to this Charter and general law, it must include both the map and a description of the recommended districts. (f) Failure to enact ordinance. The city commission shall adopt the redistricting ordinance at least one hundred twenty (120) days before the next city election. If the city commission fails to either accept or reject the redistricting ordinance, the report of the districting commission shall go into effect and have the same effect of an ordinance. The proposed redistricting ordinance may not be rejected for any reason except for failure to comply with the specifications listed in section 4.02(c) of this Charter or failure to comply with other local, state or federal law. (g) Effect of enactment. The new commission districts and boundaries as of the date of enactment shall supersede previous commission districts and boundaries for all purposes; provided all incumbent commissioners shall continue to hold office for the entire term to which elected notwithstanding any change in commission district and boundaries. (h) INSERT TRANSITION PLAN TO REDUCE NUMBER OF DISTRICTS FROM FIVE (5) TO FOUR (4) Section 4.03. Election and terms. (a) The regular election of mayor and commissioners shall be held at the time provided for in Section 8.01 of this Charter. All elections shall be for four -year terms of office. The terms of the mayor and commissioner shall begin— at the next scheduled regular or special meeting of the city commission - - :: - - - • ... prof each year an election is held, and its members shall serve until their successors have taken office. (b) City commission seats are hereby designated as seats one, two, three, and four-and-five. (c) The mayor shall be limited to three (3) consecutive full terms of office. Commission members shall be limited to three (3) consecutive full terms of office. The mayor or any commission member who has served three (3) consecutive full terms of office after having been out of office for a period of one (1) year, shall be eligible for election to successive three (3) consecutive full terms of office; provided however, this limitation shall not prohibit a person who has served three (3) consecutive full terms of office as mayor from qualifying and being elected as a commission member; nor shall this limitation prohibit a person who has served three (3) consecutive full terms of office as a commission member from qualifying and being elected as mayor of the city. 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 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. At each regular election for the office of mayor, a mayor shall be elected at large for a term of four (4) years and shall serve until his or her successor is elected and 1 qualified; provided such term of office shall not exceed four (4) years. The mayor shall be a voting member of the city commission and preside at meetings of the city commission, represent the city in intergovernmental relationships, present an annual State of the City Message, and perform other duties specified by the commission. The mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no administrative duties. The city commission shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor. However, cif a vacancy occurs in the position of mayor, . . . - - . . . - - - - . . - - - , - _.. - - mayor. the vacancy shall be filled in accordance with section 4.08 (c) of this Charter. The mayor shall not votc except in casc of a tic votc of the commission. Within Section 4.06. General powers and duties. All powers of the city shall be vested in the commission, except as otherwise provided by law or this Charter, and the 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. (a) Holding other office. Except where authorized by law, neither the mayor nor any commission member shall hold any other elected public office during the term for which the mayor or commission member was elected. Neither the mayor nor any commission member shall hold any other city office or city employment with the City of Winter Springs during the term of office for which elected. No former mayor or commission member shall hold any compensated appointive office or employment with the city until one year after the expiration of the term for which the mayor or commission member was elected. Nothing in this section shall be construed to prohibit the mayor or any commission member from selecting any current or former mayor or any current or former commission member to represent the city on the governing board of any regional or other intergovernmental agency, or to prohibit any former mayor or commission member from serving as a member of city advisory boards and commissions. (b) Appointments and Removals. Neither the mayor nor any commission member shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, but the commission may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquires and investigations under section 4.11, the mayor and city commission shall not give orders to city officers and employees who are subject to the direction and supervision of the city manager, either publicly or privately, provided this prohibition shall not be construed so as to prevent the mayor and commission members from communicating with the various officers and employees of the city, as in the case of any other citizen of the city. 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, or in the event no one is elected to the office of mayor or commission member. (b) Forfeiture of office. A commissioner or mayor shall forfeit his office if-he the commissioner or mayor: (1) Lacks at any time during his term of office any qualifications prescribed by this Charter or by law; or (2) Knowingly and willfully violates any express prohibition of this Charter; or (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive regular meetings of the commission without being duly excused by the commission. (c) Filling of vacancies. A vacancy in the mayor' s position or a commission member's seat shall be filled by a qualified person until the next regular election • - - - - - - • - - - - - - - - . by a majority vote of all its—remaining members of the city commission. It shall be the duty of the remaining members to fill the vacancy at either of the next two regular meetings of the commission following the creation of the vacancy. At the next regular election, a qualified person shall be elected for a term equaling that period of time necessary to complete the unexpired terms of the previously vacated position or seat; unless the previous term was to expire, in which case such person shall be elected for a four (4) year term. 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 or her 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. (a) The city commission, after receiving a nomination from either the mayor or a commission member(s) shall_by a- majority vote of not lcss than four (4) embers, appoint an officer of the city who shall have the title of city clerk. The city clerk's compensation shall be established 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 provided by this Charter, by the commission or by law. (b) The city clerk may be removed by majority vote of the city commission. ne 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 dollars ($500.00) or by imprisonment for not more than ninety sixty (960) days or both. Section 4.12. Reservedragn. by a certified public accountant or firm of accountants who have no personal interest, direct or indircct in thc fiscal affairs of thc city government or any of its officcrs. The commission may designate such accountant or firm annually or for a period not cction. 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 p ublic 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 otherwise provided in Article VII with respect to the property tax levied by the adoption of the budget; (4) Grant or renew or extend a franchise; (5) Regulate the rate charged for its services by the public utility, except as provided by law - - . - .. .. .... . • • •- (6) Convey or 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 otherwise 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 minimum of ten (10) days; provided however, this requirement 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. (d) Emergency Ordinances. Emergency ordinances may be adopted by the city commission in accordance with law. Every emergency ordinance shall automatically stand repealed as of the sixty -first day following the date on which it was adopted unless repealed sooner by the commission. Nothing herein shall prevent re- enactment of the ordinance in the manner specified in this subsection if the emergency still exists. Section 4.16. Authentication and recording; codification. The mayor and the city clerk shall authenticate by their signatures all ordinances and resolutions adopted by the city commission and the city clerk shall record in full in a properly indexed book kept for that purpose all such ordinances and resolutions. ARTICLE V. CITY MANAGER Section 5.01. Appointment; qualifications, compensation. The city commission, after receiving a nomination from either the mayor or a commission member(s): - - . • - . • . - : . - -- s, shall appoint, by majority vote, a city manager and fix the manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications and shall serve at the pleasure of the commission. Section 5.02. Removal. The commission may remove the city manager by_ a motion of th • .. ° - : - : - : - . • •• - majority vote. • Section 5.03. Powers and duties of the city manager. The city manager shall . - - .. • .. - • - . - - • . - - (1) He shall appoint and when he deems it necessary for the good of the service, suspend or remove all city employees and appoint • or agency. (2) He shall direct and supervise the administration of all departments, (3) He shall attend all commission meetings and shall have the right to (1) He shall sec that all laws, provisions of this Charter and acts of the {7) He shall makc such other reports as thc commission may require (8) He shall kccp thc commission fully advised as to thc financial �e, {9) He shall perform such other duties as are spccificd in this Charter or may • - • . - • - • : • .perform all duties and responsibilities as specified in the city manager's job description with the city or as may be required by the city 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-the manager's temporary absence or disability. During 1 such absence or disability the commission may revoke such designation at any time and appoint another qualified officer of the city to serve until the manager shall return or his 1 the manager's disability shall cease. ARTICLE VI. ADMINISTRATIVE DEPARTMENTS Section 6.01. Power of commission to establish. 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. (a) The city commission, after receiving a nomination from either the mayor or a commission member(s) shall, by ft-majority vot • - :. -- n,embers, appoint an officer of the city who shall have the title of city attorney. The city attorney shall represent the city in legal proceedings and shall perform such duties as provided by this Charter, by the commission, or by law. (b) The city attorney may be removed by a-majority vote of not less than four (4) 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. Contents of budget. Except as required by law or this Charter, the budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the city manager deems desirable or the commission may require. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections: (1) The proposed goals and objectives and expenditures for current operations during the ensuing fiscal year, detailed for each fund by organizational unit, and program, purpose or activity, and the method of financing such expenditures; (2) Proposed capital expenditures during the ensuing fiscal year, detailed for each fund by organizational unit when practicable, and the proposed method of financing each such capital expenditure; and (3) The anticipated income and expense and profit and loss for the ensuing year for each utility or other enterprise fund operated by the city. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance, exclusive of reserves. Section 7.04. Capital Program.(a) Submission to commission. (a) Submission to commission. The city manager shall prepare and submit to the commission a current and five (5) year capital program no later than the final date for submission of the budget. (b) Contents. The capital program shall include: (1) A clear general summary of its contents; (2) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the current and five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (3) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (4) Method of financing upon which each capital expenditure is to be reliant; and (5) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. Section 7.05. Commission action on budget. Approval of the annual city budget shall be by resolution duly adopted by the commission, after a public hearing, in accordance with the provisions of general law. The annual city budget may be amended by resolution duly adopted by the commission. Section 7.06. Public records. Copies of the budget and the capital program as adopted shall be public records and shall be made available to the public at suitable places in the city. Section 7.07. Amendments after adoption. (a) Supplemental appropriations. If during the fiscal year the city manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the commission by ordinance may make supplemental 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 un- appropriated revenues to meet such appropriations, the commission may by such emergency ordinance authorize the issuance of emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year succeeding that in which the emergency appropriation was made. (c) Reduction of appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues available will be insufficient to meet the amount appropriated, he the city manager shall report to the commission without delay, indicating the estimated amount of the deficit, and the remedial action by him—the city manager and his —the city manager's 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, subject to the guidelines established by the city commission, 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 authorized by this section may be made effective immediately upon adoption. 7.08 Independent audits. The commission shall provide for an independent annual audit for each fiscal year of all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of accountants who have no personal interest, direct or indirect in the fiscal affairs of the city government or any of its officers. The commission may designate such accountant or firm annually or for a period not exceeding three (3) years provided that the designation for any particular fiscal year shall be made no later than six (6) months after the beginning of such fiscal year. If the state makes such an audit the commission may accept it as satisfying the r� uirement of this section. ARTICLE VIII. NOMINATIONS AND ELECTIONS Section 8.01. The city elections. The regular general city election for electing the mayor and commission members from seats two and four shall coincide with the Florida Gubernatorial election years. The regular general election for electing commission members from seats one, three, and five shall coincide with the United States Presidential election years. The entire electorate shall be entitled to vote in elections for mayor and commission members. Section 8.02. Qualified voters. All citizens qualified by the constitution and laws of the State of Florida to vote in the city and who satisfy the requirements for registration prescribed by law shall be qualified voters of the city within the meaning of this Charter. Section 8.03. Election procedures. The city commission, by ordinance, shall adopt such election procedures as are necessary. Section 8.04. Non Partisan Elections. Municipal elections shall be nonpartisan and all officers shall be elected without reference to their political faith or party affiliations. 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 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 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 commence initiative or referendum proceedings by filing with the city clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk shall issue the appropriate petition blanks to the petitioners' committee within thirty (30) calendar days. 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, and the date signed. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he —the circulator personally circulated the paper, the number of signatures thereon, that all signatures were affixed in histhe circulator's — presence, that he—the circulator believes them to be the genuine signatures 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 petition shall comply with the requirements of subsections (b) and (c) of Section 9.03 and within five (5) days after it is filed with the clerk, the clerk shall complete a certificate as to sufficiency of the petition as amended and promptly send a copy of said certificate to the petitioners' committee by registered mail as in the case of an original petition. When a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request commission review under subsection (b) of this section within the time required, the clerk shall promptly present his -the clerk's certificate to the commission and 1 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 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, Section 4.15, or reconsider the referred ordinance by voting its repeal. If the commission fails to adopt a proposed initiative ordinance without any change in 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 ninety (90) days and not later than one year from the date of the final commission vote thereon. If no regular city election is to be held in the period prescribed in this subsection, the 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 [may] in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. (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 conflicting ordinances are approved at the same election the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (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. General Authority. Amendments to this Charter may be proposed and adopted by the legislature of the State of Florida or by the city commission pursuant to the home rule powers granted under the Constitution of the State of Florida, or by qualified voters pursuant to Article IX of this Charter. ARTICLE XI. SEVERABILITY Section 11.01. Severability. If any provision of this Charter is held invalid the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or 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 As provided in Article VIII, Section 2(b) of thc State Constitution, thc City of • - - . .RESERVED[ag21. 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. City officials. All elected and appointed city officials shall retain their respective positions until the first election held pursuant to the requirements of this Charter. Section 13.04. First Elections under Charter. (a) The first election to be held under this Charter shall be for the purpose of electing persons to fill the offices of mayor and of the two commission members from seats designated as two and four respectively under the former Charter and as commission seats two and four under this Charter, and whose terms expire in the year 2002. This first election shall be held at the time provided for in Section 8.01 of this Charter for the election of mayor and of commission members from seats designated as two and four. The mayor and the two (2) commission members elected at this election shall serve for terms of four (4) years and until their successors are elected and qualified. (b) The second election to be held under this Charter shall be for the purpose of electing persons to fill the offices of those commissioners from seats designated as one, three and five respectively under the former Charter and as commission seats one, three, and five under this Charter and whose terms expire in the year 2003, but which terms are hereby extended for a period of one year to the year 2004. Said second election shall be held at the time provided for in Section 8.01 of this Charter for the purpose of electing commission members from commission seats designated as numbers one, three, and five respectively under this Charter. The commission members elected at this election shall serve for terms of four (4) years and until their successors have been elected and qualified.