HomeMy WebLinkAbout2010 03 04 WSAHCRC Comparison Worksheets Articles I -IV Date: March 4, 2010
The attached document was referenced during the
March 4, 2010 Winter Springs Ad Hoc Charter Review
Committee Meeting.
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City of Winter Springs
Ad Hoc Charter Review Committee
Comparison Worksheets
Articles I -IV
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Winter Springs City Charter Model City Charter, 8th Edition
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 an
area of contiguous, compact, unincorporated land to the territorial limits of the
municipality; or upon petition by all landowners of real property
which is contiguous, reasonably compact and un- incorporated, 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.
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Winter Springs City Charter Model C Ch arter , 8th Edition
ARTICLE III. POWERS OF THE CITY ARTICLE I. POWERS OF THE CITY
Section 3.01. Generally. The city shall have all powers possible for a city to Section 1.01. Powers of the City. The city shall have all powers possible for a
have under the constitution and laws of this State as fully and completely as city to have under the constitution and laws of this state as fully and completely
though they were specifically enumerated in this Charter. as though they were specifically enumerated in this charter.
*Commentary below.
Introduction: A charter should begin by defining the scope of the city's powers. It should address the context in which such powers operate, including
the effect of state law and the desirability of cooperation with other localities.
Commentary. The city should lay claim to all powers it may legally exercise under the state's constitution and laws.
Nevertheless, some cities, particularly smaller ones, may not wish to exercise all available powers. Cities may restrict their own power: (1) by specific
provisions in the appropriate parts of the charter; (2) by ordinance, since the section does not require that all the powers claimed be exercised; or
(3) by inaction —i,e., failure to exercise powers. The powers of the city may also be limited by state or federal court decisions.
This section insures that the city claims the entirety of the grant of authority available to it from the state. Through this means, the charter is restricted
from embracing less in its terms than the constitutional home rule grant allows or from containing an inadvertent omission or ambiguity that could open the
door to restrictive judicial interpretation. This is the most that the charter can do as the extent of the powers available to the city will depend on the state's
constitution and statutes and judicial decisions.
The general powers provision of a charter must be tailored to the law of each state. The courts of some states do not give effect to a charter statement of powers
expressed in general terms. Instead, they require that the charter enumerate all of the powers claimed. The words "as fully and completely as though they
were specifically enumerated in this charter," at the end of § 1.01, cannot be used in a charter in a state that requires the enumeration of powers.
Charter drafters should carefully study their state's law on local government powers before using this Model provision. To reduce the likelihood of restrictive
judicial interpretation, a section like § 1.02 below should accompany this section. Questions of restrictive court interpretation aside, and assuming that a state's
law does not require an enumeration, this section may be utilized effectively under any of the existing types of home rule grant, as well as that of the Model State
Constitution (6th Edition, 1968) published by the National Municipal League. It may be used regardless of whether the home rule grant appears in a
constitution, optional charter law, or other general enabling act.
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Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE I. POWERS OF THE CITY
Section 1.02. Construction. The powers of the city under this charter shall
be construed liberally in favor of the city, and the specific mention of
particular powers in the charter shall not be construed as limiting in any
way the general power granted in this article.
Section 1.03. Intergovernmental Relations. The city may participate by
contract or otherwise with any governmental entity of this state or any other
state or states or the United States in the performance of any activity which
one dr more of such entities has the authority to undertake.
*Commentary Below
Section 1.02. Construction.
Commentary: The powers of the city under this charter shall be construed liberally in favor of the city. and the specific mention of particular powers in the
charter shall not be construed as limiting in any way the general power granted in this article.
Section 1.03. Intergovernmental Relations.
Commentary: This section empowers the city to participate in intergovernmental relationships - to receive assistance from the federal, state, and other local
governments, to be represented in regional agencies established under federal or state law or intergovernmental agreements, and to perform jointly with any other
governmental jurisdiction any function which any of the participating jurisdictions may perform alone.
The nature of intergovernmental relations is rapidly changing. Most cities are an integral part of a region. In that regard, engaging in cooperative intergovernmental
relations is fundamental to the effective functioning of a city and the region of which it is a part. Although the purpose of engaging
in intergovernmental relations is primarily to further the ends of the city, the health of the region should also be of concern to the city. Superior state statutes (such as a
general powers provision), which cannot be altered by a charter provision, may govern an intergovernmental relations provision. States may enact these on an ad hoc
basis, each dealing with a particular project, program, or regional or metropolitan agency. With intergovernmental agreements becoming more common., states may have
general intergovernmental authorizing statutes or constitutional provisions. For example, New Hampshire state law provides:
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N.H.R.S. Title 3, Chapter 53 -A.•1 Agreements between government units.
Purpose. - It is the purpose of this chapter to permit municipalities and counties to make the
most efficient use of their powers by enabling them to cooperate with other municipalities
and counties on a basis of mutual advantage and thereby to provide services and facilities in
a manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and development
of local communities.
If states have neither specific nor general authorization, charter drafters should look for court opinions on intergovernmental agreements in the state. Courts may
provide guidance on the extent of a city's power to cooperate with other governments in the absence of enabling state legislation.
Specific legislation on intergovernmental agreements often involves political questions and considerations of state constitutional and statutory limitations on cities'
financial and borrowing powers. In joint federal - municipal projects involving substantial sums, state legislative control over municipal powers, coupled with restrictive
judicial doctrines, may require specific state legislative approval.
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Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY ARTICLE II. CITY COUNCIL
Section 4.01. Composition; qualification of members; and commission districts. Section 2.02. Eligibility, Terms, and Composition.
(a) Composition. There shall be a governing body composed of the mayor and five (5) (a) Eligibility. Only registered voters of the city shall be
commission members elected by the voters of the city as provided in this Charter for a term of eligible to hold the office of council member or mayor.
four (4) years commencing on the first Monday after the first day of December of each year an
election is held, and its members shall serve until their successors have taken office; provided Commentary. This section does not include length of
such terms shall not exceed four (4) years. Not more than one (1) commission member shall reside in residence requirements for city council candidates. In an
each of the five (5) commission districts provided for in Section 4.02 (a) of this Charter. The mayor era of great mobility in which people frequently live in one
shall be elected at large and may reside anywhere within the city. place and work in another, length of residence requirements
ibili qualified voters of the city shall be eligible to hold the office of mayor or lose what little validity they may once have had. A
(b) Eligibility. �' Onl y q ty g y prospective council member need only be a registered voter
commissioner. Qualifications for candidates for the offices of mayor and city commissioner are as of the city.
set out in Section 2 -87, Code of the City of Winter Springs, Florida, as maybe amended from time to
time. (b) Terms. The term of office of elected officials shall be
Section 4.03. Election and terms. four years elected in accordance with Article VI.
(a) The regular election of mayor and commissioners shall be held at the time provided for in Commentary. The Model recommends four -year,
Section 8.01 of this Charter. All elections shall be for four -year terms of office. The terms of staggered terms (§ 6.03). Under this approach, elections of
the mayor and commissioner shall begin the first Monday after the first day of December of council members take place every two years. In the seventh
each year an election is held. edition, the Model listed concurrent terms as an alternative.
(b) City commission seats are hereby designated as seats one, two, three, four and five. However, a strong majority of cities today 82.6% of cities
The mayor shall be limited to three (3) consecutive full terms of office. Commission members surveyed according to the 2001 ICMA Form of Government
shall be limited to three (3) consecutive full terms of office. The mayor or any commission Survey have chosen staggered terms over concurrent terms
member who has served three (3) consecutive full terms of office after having been out of office for a to avoid dramatic changes in council composition at each
period of one (1) year, shall be eligible for election to successive three (3) consecutive full terms of election. The Model does not restrict reelection to
office; provided however, this limitation shall not prohibit a person who has served three (3) subsequent four -year terms. Limiting reelection restricts the
consecutive full terms of office as mayor from qualifying and being elected as a commission citizens' opportunity to keep in office council members of
member; nor shall this 'limitation prohibit a person who has served three (3) consecutive full whom they approve. Unlimited terms allow voters to provide
terms of office as a commission member from qualifying and being elected as mayor of the city. a vote of confidence for council members who represent
majority sentiment and a vote of opposition for members in
the minority. Finally, the city benefits from the institutional
memory of reelected council members.
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Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY ARTICLE II. CITY COUNCIL
(continued)
Section 2.02. Eligibility, Terms, and Composition. (Cont.)
Section 4.02. Commission districts;
adjustment of districts. (c) Composition. There shall be a city council composed of [ ] members [see alternatives below].
(a) Number of districts. The city commission of Commentary. The Model does not specify the exact number of council members but recommends that the
the City of Winter Springs, Florida, shall by
separate ordinance divide the city into five council be small - ranging from five to nine members. If the mayor were elected by and from the council
(5)geographical commission districts. ( §2.03(b), Alternative I), there would be an odd number of council members. In the largest cities, a greater
number of council members may be necessary to assure equitable representation. However, smaller city
(b) Districting commission. By the first day of councils are more effective instruments for the development of programs and conduct of municipal business
February, 1991, the first day of February, 1992, than large local legislative bodies. In the United States, it has been an exceptional situation when a large
and every three (3) years thereafter, the city municipal council, broken into many committees handling specific subjects, has been able to discharge its
commission shall appoint seven (7) city electors responsibilities promptly and effectively. In large councils, members usually represent relatively small
determined from the registration of the last districts with the frequent result that parochialism and "log- rolling " — bargaining for and exchanging votes on
regular election, one (1) to be appointed by a quid pro quo basis distract attention from the problems of the whole city.
each commissioner from his /her respective district,
and two (2) appointed by the mayor from the In determining the size of the council, charter drafters should consider the diversity of population elements to be
city at large, who shall comprise the districting represented and the size of the city.
commission. Electors chosen shall not be employed
by the city in any other capacity. The initial Alternative I - Option A - Council Elected At Large; Mayor Elected by the Council.
districting commission, creating and
establishing the first commission districts, shall The council shall be composed of [odd number] members elected by the voters of the city at large in
be appointed by each commissioner and the accordance with provisions of Article VI. The mayor shall be elected as provided in §2.03(b), Alternative 1.
mayor from the city at large.
Alternative I - Option B - Council Elected At Large; Mayor Elected Separately.
(c) Report; specifications. The districting
commission shall file with the official designated The council shall be composed of [even number] members elected by the voters of the city at large in
by the city commission a report containing a accordance with provisions of Article VI. The mayor shall be elected as provided in §2.03(b), Alternative II.
recommended plan for establishment or
adjustment of the commission district Commentary. The Model continues to stress the value of the at -large principle in designing the
boundaries. The initial districting commission, composition of a city council, while recognizing the necessity of providing for representation of
creating and establishing the first commission geographical areas under certain circumstances. In considering the appropriateness of using the at -large
districts, shall file such report within ninety (90) system, each city must assess its own situation. The at -large system has generally allowed citizens to choose
days of appointment. Thereafter, such reports council members best qualified to represent the interests of the city as a whole. Nevertheless, in larger cities,
shall be filed within one hundred twenty (120) citizens may feel isolated from and unconnected to their government without some geographical basis of
days of appointment to the districting representation. Cities with significant differences in or conflicts among ethnic, racial, or economic groups may
commission. The commission district
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boundaries shall comply with the following wish to consider whether one of the alternative systems may achieve more equitable representation of the
specifications: city's population and avoid legal challenges under the Voting Rights Act without sacrificing council
effectiveness.
(1) Each district shall be formed of
compact, contiguous territory, and its Alternative II - Option A- Council Elected At Large with District Residency Requirement; Mayor
boundary lines shall follow the center Elected by the Council
lines of streets insofar as practical or
possible, or other boundaries available. The council shall be composed of [odd number] members elected by the voters of the city at large in accordance
(2) The districts shall be based upon with provisions of Article VI. Not more than one council member shall reside in each district. The mayor
the principle of equal and effective . shall be elected as provided in § 2.03(b), Alternative I.
representation as required by the
United States Constitution and as Alternative II - Option B - Council Elected At Large with District Residency Requirement; Mayor
represented in the mathematical Elected Separately
preciseness reached in the legislative
apportionment of the state. The council shall be composed of [even number] members elected by the voters of the city at large in accordance
(3) The report shall include a map and with provisions of Article VI. Not more than one council member shall reside in each district. The mayor
description of the districts shall be elected as provided in § 2.03(b), Alternative II.
recommended and shall be drafted as
a proposed ordinance. Once filed Commentary. A complaint frequently lodged against the all at-large council system is that a majority of
with the designated official, the report y ' p q y g g g y y
shall be treated as an ordinance the council may live in the same area of the city. This may give rise to questions concerning the equitable
introduced by a commissioner. distribution of services with allegations that particular sections receive partial treatment. This objection can be
met while still maintaining a council elected at -large by establishing districts of equal population and requiring
(d) Support. It shall be the responsibility of the that one council member reside in each district.
city manager to provide staff assistance and
technical data to the districting commission. Although this alternative builds geographical representation into an at -large system, depending upon the local
(e) Procedure. The procedure for the city situation, it may be subject to the same objections under § 2 and § 5 of the Voting Rights Act as Alternative I.
commission's consideration of the report shall be Alternative III - Option A - Mixed At -Large and Single Member District System; Mayor Elected by the
the same as for other ordinances, provided that if Council
a summary of the ordinances is published
pursuant to this Charter and general law, it The council shall be composed of [odd number] of council members elected by the voters of the city at large and
must include both the map and a description of one member from each of the even - numbered council districts elected by the voters of those districts, as
the recommended districts. provided in Article VI. The mayor shall be elected from among the at -large members as provided in §
(f) Failure to enact ordinance. The city 2.03(b), Alternative I [specifying that the mayor is an at -large member].
commission shall adopt the redistricting
ordinance at least one hundred twenty (120) Alternative III - Option B - Mixed At -Large and Single Member District System; Mayor Elected
days before the next city election. If the city Separately
commission fails to either accept or reject the
redistricting ordinance, the report of the The council shall be composed of [even number] members elected by the voters of the city at large and one
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districting commission shall go into effect and member from each of the even - numbered council districts- elected by the voters of those districts, as provided in
have the same effect of an ordinance. The Article VI. The mayor shall be elected as provided in §2.03(b), Alternative II.
proposed redistricting ordinance may not be
rejected for any reason except for failure to Commentary. The mixed system for a council with members elected at large and members elected by and
comply with the specifications listed in section from districts has become increasingly popular since the U.S. Department of Justice approved it as a method
4.02(c) of this Charter or failure to comply with of electing the city council that is compliant with the requirements of the Voting Rights Act. This makes the
other local, state or federal law. mixed method suitable in places where the at -large system has been challenged but where change to a single -
(g) Effect of enactment. The new commission member district is opposed. The mixed system combines the citywide perspective of the at -large council
districts and boundaries as of the date of members with the local concerns and accountability of district council members. It can allow minorities who
enactment shall supersede previous live in concentrated areas to influence or even determine the outcome of elections in their districts. A
commission districts and boundaries for all problem can arise in mixed systems when at -large council members consider their position to be superior to
purposes; provided all incumbent that of district members and are perceived as rivals to the mayor. To prevent this, at -large and district council
commissioners shall continue to hold office members should have equal status with respect to offices, services, and length of terms. Local preference
for the entire term to which elected should decide the ratio of at -large to district members. Opinion ranges from favoring a majority being elected
notwithstanding any change in commission at large to a majority being elected by and from districts. However, for jurisdictions concerned about scrutiny
district and boundaries. by the U.S. Department of Justice or the courts under either § 2 or § 5 of the Voting Rights Act, precedent
shows a clear preference for the majority of the council to be elected by and from districts.
Alternative IV — Single Member District System
The council shall be composed of an even number of members each of whom shall be elected by district by
the voters in that district. The mayor shall be elected in accordance with the provisions of §2.03(b).
Commentary. If communities adopt the district system, the mayor should be elected separately by the voters
of the city at large and not chosen by and from the council. This provides a necessary at -large element in an
otherwise all district system. The growing recognition that membership on councils should represent all
racial and ethnic groups more adequately has spurred increased use of the single- member district system.
With racial minorities concentrated in particular sections of the city, it is easier to elect minority council
members. Also, because district campaigns cost substantially less than citywide campaigns, single- member
districts can open the way for greater diversity among candidates. Citizens feel closer to district elected council
members, whom they can hold responsible for addressing their community concerns. In cities where courts have
found that the at -large method of electing the city council violates the Voting Rights Act, the Justice Department
has regularly approved the single - member district system as a replacement.
The single- member system has drawbacks. An inherent problem is the danger that district elected members
will subordinate citywide concerns to parochial problems. Single- member systems also have potential for the
classic problem of "log- rolling" or vote swapping. Whenever districts are used, the drawing of district lines to
provide "fair and equal" districts is of utmost importance and may involve litigation. Section 6.03 provides
districting procedures and criteria designed to prevent, gerrymandering and unequal districts, which are
unconstitutional under the one person, one vote doctrine.
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Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.04. Compensation; expenses. The city commission may determine Section 2.04. Compensation; Expenses. The city council may determine the
the annual salary of mayor and commissioners by ordinance, but no ordinance annual salary of the mayor and council members by ordinance, but no
increasing such salary shall become effective until the date of commencement of ordinance increasing such salary shall become effective until the date of
the terms of mayor and commissioners elected at the nest regular election, commencement of the terms of council members elected at the next regular
provided that such election follows the adoption of such ordinance by at least election. The mayor and council members shall receive their actual and
sis (6) months. The mayor and each commissioner of the city shall be necessary expenses incurred in the performance of their duties of office.
reimbursed from the city treasury to cover the expenditures naturally and
necessarily incurred in the performance of their duties of office and said *See Commentary below.
reimbursement for expenses shall be established by resolution.
Commentary. Under the Model, council members are part-time officials and do not direct city departments. Council salary level depends on a variety of factors
specific to each community, including the part-time nature of the position and the emphasis on policy - making rather than administration. The city should reimburse
council members for expenses incurred hi performing their duties, e.g., travel to the state capital to testify on behalf of the city. The Model rejects the setting of the
actual amount of compensation in the charter except for the salary of the first council after the charter goes into effect, (see § 9.05(f)). The delay in the effective date of
any salary increases provides ample protection. The city should provide extra compensation for the mayor because, in addition to regular responsibilities as a
council member, the mayor has intergovernmental, ceremonial, and city- related promotional responsibilities.
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Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.06. General powers and duties. All powers of the city shall be Section 2.01. General Powers and Duties. All powers of the city shall be
vested in the commission, except as otherwise provided by law or this Charter, vested in the city council, except as otherwise provided by law or this charter,
and the commission shall provide for the exercise thereof and for the performance and the council shall provide for the exercise thereof and for the performance
of all duties and obligations imposed on the city by law. of all duties and obligations imposed on the city by law.
*See Commentary below.
Introduction. The city council, elected by, representative of, and responsible to the citizens of the city is the fundamental democratic element of the council -
manager plan.
Commentary. This section does not specifically enumerate the powers of the council. An enumeration of specific powers in this article will not enlarge the powers
of the council and may operate to diminish them if utilized by the courts to support restrictive interpretations (see commentary to § 1.02).
In his commentary on the first Model City Charter endorsing the council - manager plan ( "The City Council" in The New Municipal Program, 1919), William Bennet
Munro noted that:
So far as the composition and powers of the city council are concerned the plan set forth in the Model City Charter rests
upon the conviction that there should be a place in the municipal framework for a body which will be avowedly
deliberative, supervisory, and policy - determining, which will be wieldy enough to perform these functions properly and
yet large enough to be truly representative of the community's options....The Model City Charter accordingly provides for
a council with a membership which can be enlarged or contracted according to the varying size and needs of different
cities. This council is to be the pivot of the municipal system. It is to be the final source of local authority, not sharing its
powers but delegating some of them. That is to say, to a city manager chosen by the council and holding- office
during the council's pleasure, it assigns the entire charge of administrative affairs. As for the powers of the city council.
It is designed to embody as it were, the sovereignty of the community. It is the legislative organ of the city exercising all the
authority which the municipal corporation possesses —with one important exception only. This restriction is that the city
council, once it selects a city manager, devolves all direct administrative authority upon him.
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Recognizing that all of the powers that can be exercised by the city rest in the popularly elected city council, the charter must provide for a council, which is truly
representative of the community. Therefore, the Model presents several alternatives without expressing an absolute preference for any one, which was done in earlier
editions. Each city's population pattern economic level, racial, geographical, etc. has implication for the method of electing the council to assure equitable
representation. While the Voting Rights Act governs all jurisdictions, in some cities the problem of compliance with its provisions and avoidance of court challenges is
a matter of particular concern Just as there is no absolute model for providing competent and effective legislators, there is no absolute pattern which will assure
equitable representation. As the body charged with making municipal policy, the council can create permanent or ad hoc mechanisms to assist .in that process. For
example, it can create planning and recreation boards or study committees. Likewise it can create agencies with quasi - legislative or quasi-judicial status such as a
human rights commission or a zoning appeals board.
The Model makes no provision for specific instrumentalities designed to provide input at the neighborhood level for policy- making or service delivery evaluation.
Nor does it list as charter agencies any advisory boards and commissions. The council has the power to establish such agencies.
The Model provides that the mayor, however elected, shall be the presiding officer and a voting member of the council and shall perform certain specific duties which
will enhance the mayor's role as policy leader.
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Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.05. Mayor. At each regular election for the office of mayor, a mayor Section 2.03. Mayor.
shall be elected at large for a term of four (4) years and shall serve until his (a) Powers and Duties. The mayor shall be a voting member of the city
successor is elected and qualified; provided such term of office shall not exceed council and shall attend and preside at meetings of the council, represent the city
four (4) years. The mayor shall preside at meetings of the city commission, in intergovernmental relationships, appoint with the advice and consent of the
represent the city in intergovernmental relationships, present an annual State of council the members of citizen advisory boards and commissions, present an
the City Message, and perform other duties specified by the commission. The annual state of the city message, appoint the members and officers of council
mayor shall be recognized as head of the city government for all ceremonial committees, assign subject to the consent of council agenda items to committees,
purposes and by the governor for purposes of military law, but shall have no and perform other duties specified by the council. The mayor shall be recognized as
administrative duties. The city commission shall elect from among its members head of the city government for all ceremonial purposes and by the governor for
a deputy mayor who shall act as mayor during the absence or disability of the purposes of military law but shall have no administrative duties.
mayor, and if a vacancy occurs, shall become mayor for the remainder of the (b) Election - Alternative 1 - Mayor Elected by the Council. The city
un- expired term of the mayor. The mayor shall not vote except in case of a tie council shall elect from among its members officers of the city who shall have
note of the commission. Within ten (10) days after the adoption of any the titles of mayor and deputy mayor, each of whom shall serve at the pleasure of
ordinance by the city commission, the mayor shall have the power to veto said the council. The deputy mayor shall act as mayor during the absence or disability
ordinance and return it to the commission at the next regular meeting with a of the mayor.
written message. It shall require the affirmative vote of four (4) commission
members to pass the ordinance after the mayor's veto. Alternative ]I - Mayor Elected At Large. At each regular election the voters of
the city shall elect a mayor at large for a term of [the same term as other council
members] years. The council shall elect from among its members a deputy mayor
who shall act as mayor during the absence or disability of the mayor and, if a
vacancy occurs, shall become mayor for the remainder of the unexpired term.
*See Commentary below.
Commentary. (a) The office of mayor in cities having the council- manager form assumes a different character from city to city depending upon local political,
economic, and social conditions. This variation has meant that the office is not well understood, and its potential has too often gone unrecognized. While the
mayor of a council - manager city is not an executive as in the mayor- council form, he or she is uniquely positioned to be the political and policy leader of the city. As
the presiding officer of the council and ceremonial head of the city, the mayor is the most conspicuous official of the city. Freedom from executive responsibilities for
the day -to -day municipal operations allows the mayor to focus attention on major policy issues and important facilitative activities.
The mayor fills three facilitative roles that offer enormous leadership opportunities. First, the mayor may coordinate the activities of other officials by providing liaison
between the city manager and the council, fostering a sense of cohesion among council members, and educating the public about the needs and prospects of the city.
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Second, the mayor may facilitate policy guidance through setting goals for the council and advocating the adoption of policies that address the city's problems. Third,
the mayor is an ambassador who promotes the city and represents it in dealing with other governments as well as the public.
The specific responsibilities of the mayor listed in the Model enhance the mayor's leadership position. The traditional responsibility of presiding at council
meetings allows the mayor to set the tone for city government and help the council make decisions. Designation of the mayor as intergovernmental representative
reflects the increased importance of relationships with other local governments as well as with the state and federal governments. Mayoral appointment of boards and
commissions with council advice and consent, and of the membership of council committees, creates the opportunity for purposeful balanced representation and
can be used to forge coalitions and tap into networks of community activity.
Finally, the mayor delivers the state of the city message. When the state of the city message includes the setting out of needs and goals for the city, it should
reflect the thinking of the council and information provided by the staff, as well as the mayor's own priorities. In presenting the state of the city message, the mayor acts
as spokesperson, educator, team leader, goal setter, and policy advocate. To avoid confusion, the time of delivery of the message should be sufficiently distanced from
the presentation of the budget by the manager.
(b) As with mayoral responsibilities, the method of election .of the mayor has implications for office effectiveness. The Model provides two alternative methods for
electing the mayor. A community's choice of election method depends on local reference and tradition and to some extent on the method chosen to elect the council
(see Article VI).
Many communities feel that local policy leadership can best function when a cohesive team of council members chooses its leader as mayor. These cities use
Alternative I, election of the mayor by and from the council, and thus avoid the possibility of conflict between the mayor and the council majority. Such an approach
may be best suited for cities with at -large council elections. In cities with councils elected from districts, council selection of the mayor presents the -mayor with
conflicting roles — district and citywide.
Cities that provide for council selection of the mayor should avoid two practices which diminish the prospect of effective leadership. First is rotation of the office of
mayor among members. This approach may hinder the emergence of a respected leader by preventing any one member from acquiring experience and increasing
competence in the exercise of leadership skills. It can also mean that the true leader of the council is not the mayor, which may create a misperception of
inside dealing and secret manipulation. The second practice is to automatically designate as mayor the council member who receives the largest number of votes. This
awkward approach prevents the council from choosing its leader and does not give voters full knowledge for which office—council member or mayor they were casting
votes."
More than half of the cities operating with the council- manager form use the direct election at -large alternative (Alternative II). Many cities, particularly larger ones,
believe that this method increases the potential for mayoral leadership by giving the mayor a citywide popular support base. This is particularly important when all or
most of the council members are elected from districts. A potential disadvantage of this method is that the mayor may have views that diverge widely from
those of a majority of the council on some important issues.
14
404,T0pt. CITY I, ft IT1� F
p. FLORA DA 1NCORI"'O RA I U 1959
9
tort t9
Whatever the method of election or the strength of the mayor's leadership role, the mayor is preeminently a legislator, a member, and leader of the council; the
mayor is not an executive. However, the office may require some special staff support. Whatever arrangements are made for support either through the city manager
or staff in the mayor's office should be consistent with two premises. First, the mayor should not encroach on the executive responsibilities of the manager.
Second, the mayor and council collectively, as a body, oversee the operations of the city by the manager.
Communities should avoid granting special voting status to the mayor (e.g., vote on council only to make or break a tie). Such power will likely impede rather than
enhance the mayor's capacity to lead. Similarly, giving the mayor veto power in a council - manager city cannot help but confuse his or her role with that of the
executive mayor in a mayor- council city.
No structural arrangement for government will insure effective mayoral leadership. The person who occupies the office must understand the nature of the job —its
possibilities, interdependencies, and limitations —and have the personal inclination, energy, and talent to exercise necessary leadership. Without that, no amount of
structural support will produce a leader. However, the method of selection and the statement of responsibilities provided in the charter should help insure the
selection of a capable person with recognized leadership abilities who will make a significant contribution to the operation of the city.
15
, CITY F
}
, �` FLORIDA. INCORPORAffD 1q%
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.07. Prohibitions; holding other office. Section 2.05, Prohibitions.
(a) Holding other office. Except where authorized by law, neither the mayor (a) Holding Other Office. Except where authorized by law, no council member
nor any commission member shall hold any other elected public office during shall hold any other elected public office during the term for which the member
the term for which the mayor or commission member was elected. Neither the was elected to the council. No council member shall hold any other city office or
mayor nor any commission member shall hold any other city office or city employment during the term for which the member was elected to the council. No
employment with the City of "Winter Springs during the term of office for former council member shall hold any compensated appointive office or
which elected. No former mayor or commission member shall hold any employment with the city until one year after the expiration of the term for
compensated appointive office or employment with the city until one year which the member was elected to the council, unless granted a waiver by the
after the expiration of the term for which the mayor or commission member Board of Ethics.
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 Nothing in this section shall be construed to prohibit the council from selecting
any current or former commission member to represent the city on the any current or former council member to represent the city on the governing
governing board of any regional or other intergovernmental agency, or to board of any regional or other intergovernmental agency.
prohibit any former mayor or commission member from serving as a member
of city advisory boards and commissions. (b) Appointments and Removals. Neither the city council nor any of its members
(b) Appointments and Removals. Neither the mayor nor any commission shall in any manner control or demand the appointment or removal of any
member shall in any manner control or demand the appointment or removal city administrative officer or employee whom the city manager or any
of any city administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, but the council may
subordinate of the city manager is empowered to appoint, but the commission express its views and fully and freely discuss with the city manager anything
may express its views and fully and freely discuss with the city manager pertaining to appointment and removal of such officers and employees.
anything pertaining to appointment and removal of such officers and (c) Interference with Administration. Except for the purpose of inquiries, and
employees. investigations under § 2.09, the council or its members shall deal with city
(c) Interference with Administration. Except for the purpose of inquires and officers and employees who are subject to the direction and supervision of the
investigations under section 4.11, the mayor and city commission shall not city manager solely through the city manager and neither the council nor its
give orders to city officers and employees who are subject to the direction members shall give orders to any such officer or employee, either publicly or
and supervision of the city manager, either publicly or privately, provided this privately.
prohibition shall not be construed so as to prevent the mayor and commission
members from communicating with the various officers and employees of the *See Commentary below.
city, as in the case of any other citizen of the city.
Commentary. (a) This provision prohibits council members from concurrently holding other elective office, such as state legislator, as occurs in some states. Also
prohibited is holding any other city office or employment during one's council term or for one year after leaving office. These provisions are designed to avoid
conflict of interest situations. The charter is specific, however, that these prohibitions do not restrict any current or former officeholder from service on the
16
�, .ir CITY " t
['LORI A INCUR P Al 19
'. opt l9
boards of regional or other intergovernmental agencies. Such service is particularly valuable in accomplishing the objectives of intergovernmental cooperation.
(b) and (c) The prohibition against interference by council members in the appointment and removal of employees and in the administration of city programs does not
include the broad language of earlier editions of the Model because it was considered too rigid and unrealistic. This provision, while expressing the general policy
of noninterference, does not exclude communication between council members arid the manager on questions of appointment and removal. The manager may seek
advice from the council regarding appointments.
Council members are strictly prohibited from giving orders to city officers or employees. However, the prohibition against interference with administration does not
prevent council members from making inquiries of depaitment heads or employees for the purpose of obtaining information needed by them in the discharge of their
duties including response to constituent requests. Information provided to one council member should be shared with the entire council as warranted. The council and
manager should define the parameters for such requests and establish reasonable boundaries. In some cities, automated information systems make information on
aspects of departmental operations readily available to council members on computer terminals.
17
4 49 :4
t f '
s � t` FLORI DA INCs RPORA I.` I) 195q
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.08. Vacancies; forfeitures of office; filling of vacancies. Section 2.06. Vacancies; Forfeiture of Office; Filling of Vacancies.
(a) Vacancies. The office of the commissioner or mayor shall become (a) Vacancies. The office of a council member shall become vacant upon the
vacant upon his death, resignation, removal from office in any manner member's death, resignation, or removal from office or forfeiture of office in
authorized by law or forfeiture of his office, or in the event no one is elected any manner authorized by law.
to the office of mayor or commission member. (b) Forfeiture of Office. A council member shall forfeit that office if the
(b) Forfeiture of office. A commissioner or mayor shall forfeit his office if he: council member:
(1) Lacks at any time during his term of office any qualifications (1) Fails to meet the residency requirements,
prescribed by this Charter or by law; or (2) Violates any express prohibition of this charter,
(3) Is convicted of a crime involving moral turpitude, or
(2) Knowingly and willfully violates any express prohibition of (4) Fails to attend three consecutive regular meetings of the
this Charter; or council without being excused by the council.
(3) Is convicted of a felony; or (c) Filing of Vacancies. A vacancy in the city council shall be filled for the
(4) Fails to attend three (3) consecutive regular meetings of the remainder of the unexpired term, if any, at the next regular election
commission without being duly excused by the commission. following not less than sixty days upon the occurrence of the vacancy, but the
(c) Filling of vacancies. A vacancy in a commission member's seat shall be council by a majority vote of all its remaining members shall appoint a
filled until the nest regular election to be held for the office of the qualified person to fill the vacancy until the person elected to serve the
commissioner from that seat by a majority vote of all its re- joining members. remainder of the unexpired term takes office, if the council fails to do so
within thirty days following the occurrence of the vacancy, the election
authorities shall call a special election to fill the vacancy, to be held not
sooner than ninety days and not later than 120 days following the occurrence
of the vacancy, and to be otherwise governed by law. Notwithstanding the
requirement in § 2.11(c), if at any time the membership of the council is
reduced to less than, the remaining members may by majority action
appoint additional members to raise the membership to
*See Commentary below.
Commentary. The section specifies the events or conditions, which create a vacancy, the grounds for forfeiture of office, and the manner by which the council shall fill
vacancies. Subsection (b)(3) requires forfeiture of office for crimes involving "moral turpitude." This is a legal standard that in most jurisdictions means the crime -
felony or misdemeanor - violates community standards of morality and involves an element of knowing intent by the perpetrator. Court findings include In re
Flannery, 334 Or. 224 (2002) (misrepresenting address in renewing driver license to obtain valid license to rent a car was not a crime involving moral turpitude); Klontz
v. Ashcroft, 37 Fed. Appx. 259 (9th Cir. 2002) (petty theft and grand theft are both crimes of moral surpitude); Antorietto v. Regents of the University of California,
2002 WL 1265552 (Cal. App. 4 Dist. June 7, 2002) (misuse of university funds and fraudulent diversion of donor funds intended for the university are crimes
that involve moral turpitude). Another approach focuses on felonies, as in Kansas City's charter, which reads: "No member of the council shall, during the term for
18
1"1 'Y OF
J
i...m..r 1-4 'D
INC4,13RP-OR NT/ El) 1954
cm
which he is elected, be found guilty or enter a plea of guilty or nolo contendere to a felony under the laws of the United States or of any state, even if subsequently
followed by. the suspended imposition of the sentence." The council shall temporarily fill vacancies until the next regular election, when the voters will fill such
vacancies for the remainder of the term '(unless that election occurs within sixty days of the vacancy, in which case the candidates would have insufficient time to file).
The provision calls for a special election if the council fails to fill a vacancy within thirty days. This provision should insure that the council will act, but in the event of a
deadlock a special election will resolve the situation. Finally, the section provides for filling vacancies by council action even if the membership falls below the
quorum otherwise required for council action by § 2.1 1(c).
19
410 Trek e
0 CITY or
.O I GS
FLORIDA A. INC R1 0RA1 E U 1 9
Winter Springs City Charter Model City Charter 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.09. Judge of qualifications. The commission shall be the Section 2.07. Judge of Qualifications. The city council shall be the judge of the
judge of the election and qualifications of its members and of the grounds of election and qualifications of its members, and of the grounds for forfeiture of their
forfeiture of their office and for that purpose shall have power to subpoena office. In order to exercise these powers, the council shall have, power to
witnesses, administer oaths and require production of evidence. A member subpoena witnesses, administer oaths and require the production of evidence. A
charged with conduct constituting grounds for forfeiture of his office shall be so member charged with conduct constituting grounds for forfeiture of office shall be
notified by certified mail and shall be entitled to a public hearing on demand, entitled to a public, hearing on demand, and notice of such hearing shall be
and notice of such hearing shall be published in one or more newspapers of a published in one or more newspapers of general circulation in the city at least one
general circulation in the city at least one week in advance of the hearing. week in advance of the hearing.
Decisions made by the commission under this section shall be subject to
review by the courts. *See Commentary below.
Commentary. This section makes council the judge of qualifications for office and of grounds for forfeiture. It provides procedural safeguards to protect a member
charged with conduct constituting grounds for forfeiture. The provision authorizing the council to set additional standards for the conduct of its members empowers
the council to impose on itself the highest possible ethical standards.
20
CITY OF
. aeed I 1 EltS I. GS
FLORIDA INCUR. P II AFL D 1959
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.10. City clerk. Section 2.08. City Clerk. The city council or the city manager shall appoint
(a) The city commission, after receiving a nomination from either the mayor an officer of the city who shall have the title of city clerk. The city clerk shall give
or a commission member (s) shall, by a vote of not less than four (4) notice of council meetings to its members and the public, keep the journal of its
commission members, appoint an officer of the city who shall have the title proceedings and perform such other duties as are assigned by this charter or by the
of city clerk. The city clerk shall give notice of commission meetings to its council or by state law.
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. *See Commentary below.
(b) The city clerk may be removed by a vote of not less than four (4)
commission members.
Commentary. See §§ 2.15 and 2.16 for other duties assigned to the city clerk. In a number of states, certain statutory duties may be assigned to the city clerk,
even in cities operating with their own charters.
21
of
�k. -.. '
` N �. IL OkIDA. INC ORi' ItA I ED i959
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.11. Investigations. The commission may make investigations into Section 2.09. Investigations. The city council may make investigations into
the affairs of the city and the conduct of any city department, office or agency the affairs of the city and the conduct of any city department, office, or
and for this purpose may subpoena witnesses, administer oaths, take testimony agency and for this purpose may subpoena witnesses, administer oaths,
and require the production of evidence. Any person who fails or refuses to obey take testimony, and require the production of evidence. Failure or refusal to
a lawful order issued in the exercise of these powers by the commission shall be obey a lawful order issued in the exercise of these powers by the council
guilty of a misdemeanor and punishable by a fine of not more than five shall be a misdemeanor punishable by a fine of not more than $ , or by
hundred dollars ($500.00) or by imprisonment for not more than ninety (90) imprisonment for not more than or both.
days or both.
*See Commentary below.
Commentary. This section gives the council, but not the manager, the power to make investigations. The manager has the power to appoint, remove, and suspend
officers, but it is inappropriate for the manager to have the power to subpoena witnesses and compel production of evidence.
22
I. OF
_
ore ;t t LORI A INCOIWOR III) 1959
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.12. Independent audits. The commission shall provide for an Section 2.10. Independent Audit. The city council shall provide for an
independent audit of all city accounts and may provide for such more frequent independent annual audit of all city accounts and may provide for more frequent
audits as it deems necessary. Such audits shall be made by a certified public audits as it deems necessary. Such audits shall be carried out in accordance with
accountant or firm of accountants who have no personal interest, direct or § 5.12.
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 *See Commentary below.
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 requirement of this section.
Commentary. The necessity for annual independent audits of the city's financial affairs has long been accepted. This section authorizes and charges the council to
conduct them.
23
4 0
CI TY OF
4 .47: 1 i PS IGS
•
„� 1 ORIDA INCORP R.I.
, l�.ii 1M5'
'Aoral�
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.13. Procedure. Section 2.11. Procedure.
(a) Meetings. The commission shall meet regularly at least once every month, (a) Meetings. The council shall meet regularly at least once in every month at
at such times and places as the commission may prescribe rule. Special such times and places as the council may prescribe by rule. Special meetings
meetings shall be held on the call of the mayor or three (3) or more members may be held on the call of the mayor or ofor more members and, whenever
and whenever practicable, upon no less than twelve (12) hours' notice to each practicable, upon no less than twelve hours' notice to each member. Except as
member. All meetings shall be public. allowed by state law, all meetings shall be public; however, the council may
recess for the purpose of discussing in a closed or executive session limited
(b) Rules and journal. The commission shall determine its own rules and order to its own membership any matter which would tend to defame or prejudice the
of business and shall provide for keeping a journal of its proceedings. This character or reputation of any person, if the general subject matter for
journal shall be a public record. consideration is expressed in the motion calling for such session and final
action on such motion is not taken by the council until the matter is placed on
(c) Voting. Voting, except on procedural matters, shall be by roll call and the the agenda.
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 (b) Rules and Journal. The city council shall determine its own rules
attendance of absent members in the manner and subject to the penalties and order of business and shall provide for keeping a journal of its
prescribed by the rules of the commission. No action of the commission shall proceedings. This journal shall be a public record.
be valid or binding unless adopted by the affirmative vote of three (3) or more (c) Voting. Voting, except on procedural motions, shall be by roll call and
members of the commission.
the ayes and nays shall be recorded in the journal. Members of the council
shall constitute a quorum, but a smaller number may adjourn from time
to time and may compel the attendance of absent members in the manner
and subject to the penalties prescribed by the rules of the council. No action
of the council, except as otherwise provided in the preceding sentence and
in § 2.06 (c), shall be valid or binding unless adopted by the affirmative
vote of or more members of the council.
*See Commentary below.
Commentary. This section sets forth what are, for the most part, standardized and well accepted procedural rules to govern the official action of the council, The
frequency of meetings can, of course, be suited to the needs of the particular city. The section contains the important, standard protection that meetings must be
public and that a journal of proceedings be kept, as a public record. Most states have open meeting laws which specify the circumstances when closed or executive
sessions may be held; such meetings are sometimes necessary for effective council functioning. This charter and state law contain ample safeguards to assure open
meetings. All council actions require majority vote, except actions to adjourn, to compel attendance of members in the absence of a quorum, and to appoint additional
members if the membership falls below a majority of the total authorized membership as provided in § 2.06(c).
24
0 CITY OF
p.. FLORI , ` ico RPOR 1951
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.14. Actions requiring an ordinance. In addition to other Section 2.12. Action Requiring an Ordinance. In addition to other acts
acts required by law or by specific provisions of this Charter to be done by required by law or by specific provision of this charter to be done by
ordinance, those acts of the city commission shall be done by ordinance ordinance, those acts of the city council shall be by ordinance which:
which: (1) Adopt or amend an administrative code or establish, alter, or abolish
(1) Adopt or amend an administrative code or establish or alter or any city department, office, or agency;
abolish any city department, office or agency; (2) Provide for a fine or other penalty or establish a rule or regulation for
(2) Provide for a fine or other penalty or establish a rule or violation of which a fine or other penalty is imposed;
regulation for violation of which a fine or other penalty is imposed; (3) Levy taxes;
(3) Levy taxes, except as otherwise provided in Article VII with respect (4) Grant, renew, or extend a franchise;
to the property tax levied by the adoption of the budget. (5) Regulate the rate charged for its services by a public utility;
(4) Grant or renew or extend a franchise; (6) Authorize the borrowing of money;
(5) Regulate the rate charged for its services by the public utility, (7) Convey or lease or authorize the conveyance or lease of any lands
except telephone and telegraph companies and public utilities regulated by of the city;
the Florida Public Service Commission; (8) Regulate land use and development;
(6) Convey or lease or authorize the conveyance or lease of any land of (9) Amend or repeal any ordinance previously adopted; or
the city; (10) Adopt, with or without amendment, ordinances proposed under the
(7) Adopt without amendment ordinances proposed under the initiative initiative power.
power; and budget;
(8) Amend or repeal any ordinance previously adopted, except as otherwise Acts other than those referred to in the preceding sentence may be done either
provided in Article IX with respect to repeal of ordinances reconsidered under by ordinance or by resolution.
the referendum power.
*See Commentary below.
Commentary. This section assures that the enumerated types of council action be taken only after compliance with all the procedural safeguards required for passage
of an ordinance by the succeeding sections.
Other subjects requiring an ordinance are not mentioned here because the requirement is specifically stated elsewhere in the charter. These include adoption of codes of
technical regulations (§ 2.15), appropriation and revenue ordinances (§ 5.06), supplemental and emergency appropriations and reduction of appropriations (§ 5.07), and
creation of a charter commission or proposal of charter amendments (§ 8.01).
Council may act via ordinance or resolution on matters other than those enumerated in this section or as required by law or by specific provision in the charter to be by
ordinance. This does not preclude motions relating to matters of council procedure, which may involve even less formality than resolutions.
25
•
6qqq� , ,(.,
re 't" C LORI DA ) N co R P o 14..A I 1.1 1 593
kO
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.15. Ordinances in General. Section 2.13. Ordinances in General.
(a) Form. Every proposed ordinance shal 1 be introduced in (a) Form. Every proposed ordinance shall be introduced in writing and in the form required
writing in the form required for final adoption. No ordinance for final adoption. No ordinance shall contain more than one subject, which shall be clearly
shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The city of hereby ordains
expressed in its title. The enacting clause shall be "The City of ..." Any ordinance which repeals or amends an existing ordinance or part of the city code
"Winter Springs hereby ordains .. " shall set out in full the ordinance, sections or subsections to be repealed or amended, and
(b) Procedure. An ordinance may be introduced by any shall indicate matters to be omitted by enclosing it in brackets or by strikeout type and
member at any regular or special meeting of the commission. shall indicate new matters by underscoring or by italics.
Upon introduction of any ordinance, it shall be read in its
entirety; provided however the said reading may be by title only if (b) Procedure. Any member at any regular or special meeting of the council may
all members of the city commission so vote. All ordinances shall introduce an ordinance. Upon introduction of any ordinance, the city clerk shall
be read twice, the second reading of any ordinance shall be by distribute a copy to each council member and to the city manager, shall file a reasonable
title only and shall follow the first by a minimum, of ten (10) number of its services or authorize the borrowing of money except as provided in §
days; provided however, this requirement may be waived by a 5.07(b). An emergency ordinance shall be introduced in the form and manner prescribed for
unanimous vote of all five (5) members of the commission. All ordinances generally, except that it shall be plainly designated as an emergency ordinance
ordinances shall be posted in the city hall for thirty (30) days and shall contain, after the enacting clause, a declaration stating that an emergency exists
after their first reading. and describing it in clear and specific terms. An emergency ordinance may be adopted
(c) Effective date. Except as otherwise provided in this Charter, with or without amendment or rejected at the meeting at which it is introduced, but the
every adopted ordinance shall become effective at the affirmative vote of at least members shall be required for adoption. After its'
expiration of thirty (30) days after adoption or at any date specified adoption, the ordinance shall be published and printed as prescribed for other adopted
therein. ordinances. It shall become effective upon adoption or at such laterLime as it may specify.
Every emergency ordinance except one made pursuant to § 5.07(b) shall automatically
stand repealed as of the sixty-first day following the date on which it was adopted, but this
shall not prevent re- enactment of the ordinance in the manner specified in this section if
the emergency still exists. An emergency ordinance may also be repealed by adoption of
a repealing ordinance in the same manner specified in this section for adoption of
emergency ordinances
*See Commentary below.
Commentary: To facilitate timely action, the charter permits an extraordinary majority to introduce and adopt such ordinances at the same meeting. Ordinances passed
pursuant to this section may also have an immediate effective date.
26
4,104Tirit. ft CITY OF
tort i9 FLOW! DA, IN C 0 RI'ORAI`l li 959
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING ARTICLE II. CITY COUNCIL
BODY (continued)
Section 2.14. Emergency Ordinances. To meet a public emergency affecting life, health, property or the
public peace, the city council may adopt one or more emergency ordinances, but such ordinances may not levy
taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or
authorize the borrowing of money except as provided in § 5.07(b). An emergency ordinance shall be introduced
in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as am
emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists
and describing it in clear and specific terms. An emergency ordinance may be adopted with or without
amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least members
shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for
other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every
emergency ordinance except one made pursuant to § 5.07(b) shall automatically stand repealed as of the sixty-
first day following the date on which it was adopted, but this shall not prevent re- enactment of the ordinance in
the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed
by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency
ordinances.
Commentary. To facilitate timely action, the charter permits an extraordinary majority to introduce and adopt
such ordinances as the same meeting. Ordinances passed pursuant to this section may also have an immediate
effective date.
Section 2.15. Codes of Technical Regulations. The city council may adopt any standard code of technical
regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an
adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of § 2.13 for distribution and filing of copies of the ordinance shall be construed to include
copies of the code of technical regulations as well as of the adopting ordinance, and
(2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be
authenticated and recorded by the city clerk pursuant to §2.16(a).
Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for
purchase at a reasonable price.
*Commentary: This provision permits adoption of standard and often lengthy, detailed, and technical regulations,
such as building and sanitary codes, by an ordinance which simply incorporates and adopts the code by reference.
Publication of the adopting ordinance satisfies publication requirements. The adopting ordinance should indicate the
nature of the code. The council is not required to include all such technical codes in the general city code pursuant to
27
'44. CITY OF
19i9 •
A. FLOR1 DA INCORPORA, 1 I- O 145
Itan
§ 2.15. This approach minimizes burden and expense while at the same time reserving the essential
safeguards of the general ordinance procedure of § 2.12.
Section 4.16. Authentication and Section 2.16. Authentication and Recording; Codification; Printing of Ordinances and Resolutions.
recording; codification. The mayor and the (a) Authentication and Recording. The city clerk shall authenticate by signing and shall record in full in a
city clerk shall authenticate by their properly indexed book kept for the purpose all ordinances and resolutions adopted by the city council.
signatures all ordinances and resolutions (b) Codification. Within three years after adoption of this charter and at least every ten years thereafter, the
adopted by the city commission and the city city council shall provide for the preparation of a general codification of ail city ordinances and resolutions
clerk shall record in full in a properly indexed having the force and effect of law. The general codification shall be adopted by the council by ordinance
book kept for that purposes all such and shall be published, together with this charter and any amendments thereto, pertinent provisions of the
ordinances and resolutions. constitution and other laws of the state of , and such codes of technical regulations and other rules and
regulations as the council may specify. This compilation shall be known and cited officially as the city
code. Copies of the code shall be furnished to city officers, placed in libraries, public offices, and, if
available, in a web site for free public reference and made available for purchase by the public at a reasonable
price fixed by the council.
(c) Printing of Ordinances and Resolutions. The city council shall cause each ordinance and resolution having
the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and
the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at
reasonable prices as fixed by the council. Following publication of the first city code and at all times
thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as
the code currently in effect and shall be suitable in form for integration therein. The council shall make such
further arrangements as it deems desirable with respect to reproduction and distribution of any current
changes in or additions to the provisions of the constitution and other laws of the state of , or the
codes of technical regulations and other rules and regulations included in the code.
Commentary: Subsections (a) and (c) of this section state essential procedures for maintaining legally authenticated
records of all ordinances and resolutions and for making them available to the public. The merits of the general
codification provided for in subsection (b) speak for themselves. The Model provides for inclusion of pertinent
parts of the constitution and state statutes, thus envisioning a city code to which people may turn for all state and
local legislation governing the city. This contrasts to "the situation still existing in many cities where much of this
legislation, particularly state laws of limited application, are nowhere collected and are often out of print,
unavailable, or difficult to find.
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