HomeMy WebLinkAbout2001 08 13 Public Hearings B Second Reading - Ordinance 2001-44 Revisions to City Charter
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearings X
Regular
August 13, 2001
Regular Meeting
~~\Ol
Mgr. It'i Dept.
Authorization
REQUEST:
City Attorney is requesting that the City Commission conduct a Second
Reading and Public Hearing for Ordinance 2001-44 dealing with revisions
to the City Charter.
PURPOSE:
The City Attorney is requesting that the City Commission conduct a
Second Reading and Public Hearing for Ordinance 2001-44, which deals
with revisions to the City Charter, which will come before the voting
public in a Referendum on September 4,2001.
CONSIDERATIONS:
On August 28th, 2000, during the Regular Meeting of the City
Commission, Resolution 2000-27 was adopted. This Resolution set forth
the requirements for the establishment of a Charter Review Advisory
Committee.
CITY OF WINTER SPRINGS
REGULAR MEETING - AUGUST 13. 2001
PUBLIC HEARINGS AGENDA ITEM "B"
PAGE20F3
At the September 11, 2001 Regular Meeting of the City Commission,
appointments were made to the Charter Review Advisory Committee. The
individuals named to this Committee were: Mr. Frank Adams, (due to
personal reasons, Frank Adams was unable to serve, however, with
consensus of the Commission, his wife Jacqueline Adams replaced him.)
The Honorable Thomas Freeman; Mr. Donald Gilmore; Ms. Sally
McGinnis; Mr. Robert Ori; and Mr. William Reischmann, Esquire.
Meetings of the Charter Review Advisory Committee were held
commencing on September 26, 2000. Members of the Committee were
assisted by Ms. Marilyn E. Crotty, from the Institute of Government, who
served in the capacity of Mediator/Project Coordinator. Additionally, the
Commission approved the consulting services of Mr. Jim Burgess as lead
consultant for the project. Another consultant assisting with this project
was Mr. Howard Tipton.
The last Charter Review Advisory Committee Meeting was held on
January 10,2001.
The Charter Review Advisory Committee then presented their proposed
Amendments to the Charter, at the January 18, 2001 Special Meeting of
the City Commission.
The City Commission then held a Workshop on February 22,2001 on the
Charter. A second Workshop on the City Charter was scheduled to be
held on August 1, 2001; however, due to a preliminary deadline for the
September 4, 2001 Seminole County Special Election, the City
Commission held a final Workshop on June 18,2001.
The final revisions to the Charter were approved at the June 25, 2001
Regular Meeting of the City Commission.
The first Reading of Ordinance 2001-44 was heard and approved on July
9, 2001.
The Second Reading and Public Hearing of Ordinance 2001-44 will be
required to be approved, prior to the Referendum (on the proposed Charter
revisions) which the City Commission has approved to be held on
September 4, 2001, in conjunction with Seminole County's Special
Election.
CITY OF WINTER SPRINGS
REGULAR MEETING - AUGUST 13,2001
PUBLIC HEARINGS AGENDA ITEM "B"
PAGE 3 OF 3
FUNDING:
None required.
RECOMMENDATIONS:
It is recommended that the City Commission approve Ordinance Number
2001-44.
ATTACHMENTS:
A. An excerpt from the July 9,2001 Minutes.
B. Ordinance 2001-44.
COMMISSION ACTION:
ATTACHMENT
"A"
CITY OF WINTER SPRJNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JULY 9, 2001
PAGE 18 OF 24
VOTE:
DEPUTYMAYORMcLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER GENNELL: AYE
MOTION CARRIED.
Mayor Partyka departed at 11:35 p.m.
Deputy Mayor McLeod then took over the Meeting.
REGULAR
G. Office Of The City Manager
Requesting The Commission To Approve Ballot Language For The September 4,
2001 Referendum, Question An Approval Of The Proposed Revisions Of The City
Charter.
"I'D LIKE TO MAKE A MOTION TO READ ORDINANCE 2001-44 BY 'TITLE'
ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER MARTINEZ. DISCUSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER GENNELL: AYE
MOTION CARRIED.
Attorney Garganese read Ordinance 2001-44 by "Title" only and spoke of some
revisions: "If you'll turn to page three (3) of five (5) of the Ordinance, that's the essence
of the Ordinance and the proposed Referendum. The other provisions of this Ordinance
are simply technical requirements, that call the Referendum on September 4th, 2001."
Regarding the wording, Commissioner Blake suggested using "City Manager, Clerk and
Attorney." Commissioner Gennell suggested, "Requirements for City Budget, Capital
Program and Citizen Initiative." Manager McLemore and Attorney Garganese both
agreed that the moving of the word "and" would work.
Deputy Mayor McLeod stated that his name was spelled incorrectly and asked that it be
corrected.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JULY 9, 2001
PAGE 190F24
"I'D LIKE TO MAKE A MOTION TO MOVE ORDINANCE 2001-44 TO A
SECOND READING AND PUBLIC HEARING ON JULY 23RD, 2001 AND
DIRECT THE CITY ATTORNEY TO DELIVER THE CHARTER QUESTION
LANGUAGE TO THE SUPERVISOR OF ELECTIONS AS CONTAINED IN THE
ORDINANCE." MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
A Proclamation calling the Special Election on September 4, 2001, was read into the
record by Deputy Mayor McLeod. (See Attachment "A.")
.:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS LISTED ON
THE AGENDA AS CONSENT AGENDA ITEM "G," BUT WAS MOVED TO
THE REGULAR AGENDA. .:. .:.
Office Of The City Attorney
Requesting That The City Commission Consider The City Manager's Request That
A Resolution Be Submitted To The Florida League Of Cities Resolutions Committee
Regarding When A Governmental Entity Is Subject To The Terms Of A Joint
Planning Agreement.
Attorney Garganese introduced the proposed Resolution.
Brief discussion.
"I MAKE A MOTION TO APPROVE RESOLUTION 2001-29." MOTION BY
COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER GENNELL: AYE
MOTION CARRIED.
ATTACHMENT
"B "
ORDINANCE NO. 2001-44
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR
A REFERENDUM ELECTION AND BALLOT LANGUAGE
FOR THE SEPTEMBER 4,2001 SPECIAL ELECTION, OR
SUCH OTHER DATE AS MAYBE AUTHORIZED BY LAW,
FOR PURPOSES OF PROPOSING THE ADOPTION OF A
REVISED CITY CHARTER; PROVIDING FOR
COORDINATION WITH THE SUPERVISOR OF
ELECTIONS; PROVIDING FOR NOTICE OF THE
REFERENDUM ELECTION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Resolution 2000-27, attached hereto as Exhibit "A," the City
Commission of Winter Springs established a comprehensive public review process of the existing
City Charter; and
WHEREAS, the Charter review process was designed to effectuate a comprehensive
review, and update of the City of Winter Springs City Charter in light of the Model City Charter,
Seventh Edition, published by the National Civic League; and
WHEREAS, the Charter review process was also designed to provide an open, objective,
and deliberative process during which ample opportunity was provided for the public to participate
in a comprehensive study of any and all phases of City government; and
WHEREAS, the City Commission convened this comprehensive study of the City Charter
to avoid piecemeal changes to the City's organic law, an option which the City Commission found
as essential to the proper and orderly function of government; and
WHEREAS, as part of the review process, the City Commission appointed a Charter
Review Advisory Committee consisting of six City of Winter Springs residents: Jacqueline
Adams, Judge Thomas Freeman, Donald Gilmore, Sally McGinnis, Robert Ori and William
Reischmann; and
WHEREAS, the Charter Review Advisory Committee was assigned the task of making
a recommendation to the City Commission as to whether the existing City Charter should be
revised; and
WHEREAS, the City Commission also appointed several technical advisors consisting
of the City Manager, City Attorney, Project Coordinator, Marilyn Crotty, Florida Institute of
City of Winter Springs
Ordinance No. 2001-44
Page 1 of 5
Government at the University of Central Florida, and James V. Burgess, Jr., Attorney-at-Law
who proffered their expertise and recommendations during the entire Charter review process; and
WHEREAS, after conducting numerous public meetings, at which the pros and cons of
the existing City Charter were debated and various Charter amendment proposals from citizens,
committee members, and advisors were considered, the Charter Review Advisory Committee
recommended a revised City Charter to the City Commission; and
WHEREAS, the City Commission then conducted numerous public meetings, at which the
City Commission considered the input, recommendations, and advice of the Charter Review
Advisory Committee, technical advisors, and the citizens of Winter Springs and cori~idered the
pros and cons of the existing City Charter; and
WHEREAS, as a result of the input, recommendations, and advice received during the
Charter Review Process and after careful deliberation and consideration, the City Commission
finds that it is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs to propose a comprehensive revision of the Winter Springs City Charter in accordance
with Article X of the Winter Springs City Charter and Section 166.031, Florida Statutes; and
WHEREAS, the City Commission finds that the proposed referendum ballot question
should be submitted to the City electorate for its consideration and final approval or disapproval.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS BY
ENACTMENT OF THE CITY COMMISSION, AS FOLLOWS:
Section 1. REFERENDUM ELECTION. A referendum election is hereby called and
scheduled to be held concurrent with the special Seminole County election on the 4th day of
September, 2001, or such other date as may be authorized by law, to detennine whether the ballot
question appearing in Section 2 hereof shall be approved by a majority of the votes cast in such
election in which qualified electors residing in the City shall participate. Each question shall be
voted on separately and approved or disapproved based on its own merit. Such referendum
election shall be held and conducted in the manner prescribed by law. The places for voting in
such referendum election shall be such locations as shall otherwise be established for the special
election on September 4th, 2001 or such other date as may be authorized by law. All duly qualified
electors of the City of Winter Springs shall be entitled to participate in said election.
Section 2.
ADOPTION OF A REVISED CITY CHARTER.
(a)
Proposed Revised City Charter. It is proposed that the electorate of the
City of Winter Springs approve a revised City Charter which, if approved,
will take the place of the existing City Charter and constitute the new City
Charter of the City of Winter Springs. The proposed revised City Charter
City of Winter Springs
Ordinance No. 2001-44
Page 2 of 5
is attached hereto as Exhibit "B," and is fully incorporated herein by this
reference. (underlined text is an addition to the existing text of the City
Charter; strik-cout text is a deletion from the existing text of the City
Charter):
(b) Ballot Question. Concurrent with the special election scheduled for
September 4th, 2001, the following question shall be placed on the ballot by
the Seminole County Supervisor of Elections.
CITY OF WINTER SPRINGS
REVISED CITY CHARTER
Shall the City Charter be revised per Ordinance 2001-44 to provide,
among other things, Mayor/Commission elections during Florida
gubernatorial and presidential elections, define term limits as three
consecutive full terms of office, a ceremonial Mayor who presides
at Commission meetings, appointment and removal of City
Manager, City Clerk, and City Attorney by a vote of not less than
four Commissioners, requirements for City budget, Capital
Program, and citizen initiative for Charter Amendments?
Yes, for Revised City Charter
No, against Revised City Charter
Section 3. COORDINATION WITH SUPERVISOR OF ELECTIONS. The City
Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections
of Seminole County to include the above-described question on the ballot concurrent with the
special election to be held on September 4th, 2001.
Section 4. NOTICE OF REFERENDUM ELECTION. General notice shall be first
published at least thirty (30) days prior to the September 4th, 2001 special election. The
publication of said notice shall be made at least twice, once in the fifth week and once in the third
week prior to the week in which the election is held, in the manner provided in Section 100.342,
Florida Statutes, and substantially in the form attached hereto as Exhibit "C" or as otherwise
lawfully provided.
Section 5. PAYMENT OF REFERENDUM EXPENSES. The City Manager is
hereby authorized and directed to approve the payment of lawful expenses associated with
conducting the City Charter referendum election.
Section 6. VOTER REGISTRATION BOOKS. The Supervisor of Elections for
Seminole County is hereby authorized and requested to furnish to the inspectors and clerks at each
place where the votes are to be cast in such City Charter referendum, applicable portions of the
City of Winter Springs
Ordinance No. 2001-44
Page 3 of 5
registration books or certified copies thereof showing the names of the qualified electors residing
in the City of Winter Springs.
Section 7. ELECTION ADMINISTRATION. The City Charter referendum shall be
held and conducted in the manner prescribed by law and shall be as soon as practicable, be
returned and canvassed in the manner prescribed by law. The result shall show the number of
qualified electors who voted at such Charter referendum and the number of votes cast respectively
for and against approval of the City Charter. Upon certification in the manner prescribed by law,
the results shall be recorded in the minutes of the City Commission of the City of Winter Springs.
Section 8. SEVERABILITY. Should any section or provision of this Ordinance, or
any portion hereof, . any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a
whole or part thereof to be declared invalid.
Section 9. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, however, the ballot
proposal in Section 2 shall only become effective, independent of any other ballot proposal, if a
majority of the registered electors of the City of Winter Springs, Florida, who vote at the special
election on September 4th, 2001, approve the specific ballot question set forth in Section 2 of this
Ordinance. The City Clerk is directed upon adoption of the revised Charter to promptly file the
revised Charter therein with the State of Florida, Department of State, as required by Section
166.031, Florida Statutes.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 13th day of August , 2001.
\(\~
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PAUL P. PARTYKA, ~r:;
-<I I'----
NZO-LUACES
City of Winter Springs
Ordinance No. 2001-44
Page 4 of 5
TO LEGAL FORM AND SUFFICIENCY
WINTER SPRINGS ONLY.
~
ANTHONY A. GARGANESE
City Attorney
First Reading: July 9, 2001
Second Reading: August 13,2001
Effective Date of Ordinance: See See tion 9.
referendum election ballot language.kj
City of Winter Springs
Ordinance No. 2001-44
Page 5 of 5
RESOLUTION 2000-27
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA
PROVIDING FOR THE ESTABLISHMENT OF A
CHARTER REVIEW ADVISORY COMMITTEE,
SETTING OUT RESPONSIBILITIES, AND
REPORTING REQUIREMENTS.
WHEREAS, in 1981 the Charter of the City of Winter Springs, Florida was adopted
by referendum, and
WHEREAS, the Charter has from time to time been amended, and
WHEREAS, there are certain provisions of the Chalier that have been challenged
relative to interpretation of its provision, and
WHEREAS, there has been an expression of interest among City Officials and
members of the public for a review and modernization of the Charter, and
WHEREAS, as the "Model City Charter", as researched and published by the
National Civic League has provided the template for City Charters since publication
of its first Model City Charter in 1899, and
WHEREAS, the seventh edition of the "Model City Charter" as updated and
published by the National Civic League in February 1989, is the most current template for
City Charters, and
WHEREAS, the Winter Springs City Charter has not been reviewed for consistency
with the current "Model City Charter", and
WHEREAS, it is the desire of the Winter Springs City Commission to have the
current Winter Springs City Charter reviewed for consistency with the current "Model City
Charter", and
WHEREAS, the Winter Springs City Commission desires to provide an open,
objective, and deliberative process to provide ample opportunity for the public to participate
in the City Charter amendment process.
NOW, THEREFORE, BE IT RESOLVED ~Y THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, AS FOLLOWS:
EXHIBIT
I ~A "
cfl. 00 I - tj l.f
Section I. Committee: There is hereby established the City of Winter Springs Chal1er
Review Advisory Committee, which shall be an ad-hoc committee composed of six
members, appointed one each by the Mayor and City Commission. The members shall serve
for the duration of the Committee as provided herein.
Section II: Committee Responsibilities: The Committee shall have the responsibility
for working with the technical resource team reviewing the City's existing City Charter and
providing recommendations to the City Commission for modemizing the existing City
Charter in order to be consistent with the seventh edition of the "Model City Charter"
published by the National Civic League. In their review the Committee shall not make
recommendations relative to changing the current form of govemment from the Commission-
Manager form, but shall detern1ine what changes need to be made, if any, to make the City's
current form of Commission-Manager government consistent with the provisions provided
for in the seventh edition of the "Model City Charter" published by the National Civic
League. All meetings of the Committee shall be open to the public as provided by
Florida Law.
Section Ill. Technical Resource Team: There is hereby established the Technical
Resource Team which shall be made up of three highly competent professional members
whose area of expertise and experience include local government charters, codes and
administration.
Technical Resource Team Responsibilitv: The responsibility of the Technical Resource
Team shall be to review the current Charter, to review public input, to assist the Citizens
Advisory Committee in analysis of the Charter and public input and formulating Charter
Amendment recommendations, to publish recommendations for updating the Charter
consistent with the seventh edition of the "Model City Charter", and publish on behalf of the
Charter Committee a final report to the City Commission. In addition, the Technical
Resource Committee shall publish an exception report with the City Commission
highlighting any recommendations. of the Charter Review Committee which in its
professional judgement are not consistent with the seventh edition of the "Model City
Charter" or may not be in the direct best interest of the citizens of Winter Springs.
Proiect Coordinator: The City Commission shall contract with the Institute of Government
at the University of Cent Tal Florida to coordinate the Charter Review process on behalf of the
City of Winter Springs.
Duration of Proiect: The Charter Review Committee shall present its final report and
recommendations to the City Commission no later than the first meeting in February of 200 I,
which is the meeting of February 12, 2001.
Page 2 of 4
Organizational Chart
PUBLIC
Commission Project Liaisons
Ci ty Manager
City Attorney
Project
Coordinator
Technical Charter
Resource Review
Committee Advisory
Committee
Ma yor
Process:
The Charter review process shall be as follows:
I. Adoption of Resolution
II. Agreement with CFU
III. Employment of Technical Team
IV. Appointment of Citizen Committee
V. Session 1- Full Project TeamlPublic Meeting
a) Technical Team Meeting
b) Project Team Orientation
c) Public Meeting
1) Overview of Process
2) Public Input
3) Call for Position Papers
d) Project Team Debriefing
VI. Session 2 - Full Project Team
a) Project Team Meeting
b) Review of Draft 1
c) Consensus on Provision Alternatives
VII. Session 3 - Full Project Team/Public Meeting
a) Project Team Review of 2nd Draft
b) Public Meeting on Second Draft
c) Project Team Debriefing
Page 3or4
VIII. Session 4 - Project Team/Public Meeting
a) Presentation of Final Report to Mayor andCommission
b) Public Input
c) Commission Direction to staff.
d) Chal"ter Amendment Referendum Ordinance _' First Reading
e) Charter Amendment Referendum Ordinance _' Second Reading
IX. Public Workshop
I. Tuscawilla
2. Oak Forest/Hacienda
3. Highlands
4. Any Other Locations Required By The City Commission
X. Referendum
ADOPTED by the City Commission of the City of Winter Spling3. Florida, in a
regular meeting assembled on the 28th day of Augus t .,.2000.
Paul P. Partyka, May r
A TrEST:
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~_.! \.j\.. '-_ L~J- ( ~ ---.-- ..-
Andrea Lore~zo~tuaces, City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
rFOR.TI-L -fITY OF WfNTER SPRINGS ONLY:
",
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. ./ __ /t !-2./
,/ -- - ,.
Anthony A. Garganese, Cit Attorney
Page 4 of 4
REVISED CHARTER
CITY OF WINTER SPRINGS, FLORIDA
Red Line Vel sion
Mayor and Commissioners
City of Winter Springs, Florida
Mayor Paul Partyka
Commissioner Michael Blake
Commissioner Cindy Genell
Commissioner David McLeod
Commissioner Edward Martinez
Commissioner Bob Miller
Ronald! W. McLemore, City Manager
Anthony A. Garganese, City Attorney
Charter Review Advisory Committee
Ms. Jacqueline Adams
The Honorable Thomas Freeman
Mr. Donald Gilmore
Ms. Sally McGinnis
Mr. Robert Ori
Mr. William Reischmann
Staff Assistance Provided by
Florida Institute of Government
University of Central Florida
Orlando, Florida
Legal Consultant
James V. Burgess, Jr., PC
Attorney at Law
P.O. Box 785
Social Circle, GA 30025
EXHIBIT
I~
ClCOI-l.jq
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.
Editorial 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.
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 p'roperty which is
contiguous, reasonably compact and unincorporated, the City of Winter Springs, may
annex said land to the territorial limits of the municipality by ordinance. The procedure to
be followed in the annexation of territory shall be as set forth in Chapter 171, Florida
Statutes as it now exists or as it may be renumbered or amended.
ARTICLE III. POWERS OF THE CITY
Section 3.01. Generally.
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.
ARTICLE IV. GOVERNING BODY
Section 4.01. Composition; qualification of members; and commission districts.
(a) Composition. There shall be a city commission of five voters of the city at large.
each city commission member shall reside in a designated geographical district,
which districts shall contain as equal a number in population as practicable. There
shall be a governing body composed of the mayor and five (5) commission members elected
by the voters of the city as provided in this Charter for a tern1 of four (4) years commencing
Page 1 of 23
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 such terms shall not
exceed four (4) years. Not more than one (1) commission member shall reside in each of the
five (5) 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. Qualifications for candidates for the offices of mayor and city
commissioner are as set out in Section 2-87, Code of the City of Winter Springs,
Florida, as may be amended from time to time.
(Ord. No. 494, 91, 8-13-90)
Note--See the editor's note following 94.02.
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 (5) 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
Page 2 of 23
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.
(Ord. No. 494, ~ 1,8-13-90)
Editor's note--Ord. No. 494, ~ 1, adopted Aug. 13. 1990, provided for the amendment
of Char. ~~ 4.01 and 4.02 to read as herein set out. Such amendments were approved
by the voters at an election held Nov. 6, 1990.
Section 4.03. Election and terms.
(a) The regular election of mayor and commissioners shall be held on the first Tuesday
follm1v'ing the first Monday in the month of November of each year an election is held.
at the time provided for in Section 8.01 of this Charter. All elections shall be for three
four-year terms of office. The terms of the mayor and commissioner shall begin the
first Monday after the first day of December of each year an election is held.
(b) City commission seats are hereby designated as seats one, two, three, four and
five. The commissioners elected to serve on the city commission of the City of
Winter Gprings, florida, shall serve as the first city commission until the first election
under this Charter.
(c) Those commissioners and mayor elected simultaneously 'vv'ith the referendum
election held pursuant to Gection 166.031, rlorida Gtatutes at which this Charter
provision 'v'v'as approved by the electorate shall serve as commissioners and mayor for a
three-year term; at the first election held under this Charter the remainder of the
previously elected two year term-pesitions shall be for three (3) years.
Page 3 of 23
(c) All commissioners and the mayor shall be limited to three (3) terms, to be served
consecutively. 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 (I) 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.
The mayor shall act and serve as chairman of the city commission, shall be the
chief executive officer of the city, shall preside at its meetings, shall be recognized as
head of the city government for all ceremonial purposes and be the governor for
purposes of military law. Additionally, the mayor shall have the responsibility of the
administrative duties of the city manager in the e'.;ent the city commission does not
appoint a city manager, unless othervvise provided in this charter. The commission shall
elect from among its members a deputy mayor who shall act as mayor during the
absence or disability of the mayor, and if a vacancy occurs, shall become mayor for the
remainder of the unexpired term, or until the first municipal election after the vacancy
occurs, 'vvhichever shall occur first. If a municipal election is held prior to the expiration of
a mayor's term of office, the electors of the city shall elect a new mayor to fulfill the
remaining unexpired term of office-:-
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 successor is elected and qualified; provided such
term of office shall not exceed four (4) years. The mayor shall 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
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disability of the mayor, and if a vacancy occurs, shall become mayor for the remainder of the un-
expired term of the mayor.
The mayor shall not vote except in case of a tie vote of the commission. Within
ten (10) days after the adoption of any ordinance by the city commission, the mayor
shall have the power to veto said ordinance and return it to the commission at the next
regular meeting with a written message. It shall require four-fifths (4-f57 the affirmative
vote of not less than four (4) of the city commission members to pass the ordinance
after the mayor's veto.
Section 4.06. General powers and duties.
All powers of the city shall be vested in the commission, except as 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.
except vvhere authorized by law, no commissioner shall hold any other city office
or city employment during the term for which he was elected to the commission.
(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
Sprinqs 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 selectinq any current or former mayor or any current or
former commission member to represent the city on the qoverninq board of any
reqional or other intergovernmental aqency, 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 manaqer is
empowered to appoint, but the commission may express its views and fully and freely
discuss with the city manaqer anythinq pertaining to appointment and removal of such
officers and employees.
(c) Interference with Administration. Except for the purpose of inquires and
investiqations under section 4.11, the mayor and city commission shall not give orders
to city officers and employees who are subiect to the direction and supervision of the
city manaqer, either publicly or privately, provided this prohibition shall not be construed
so as to prevent the mayor and commission members from communicating with the
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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 commissionef 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:
(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 tfte-.e...commission member's seat shall be filled
until the next regular election to be held for the office of by-the commissioner
from that seat Qy e-rra majority vote of all its remaining members.
Section 4.09. Judge of qualifications.
The commission shall be the judge of the election and qualifications of its
members and of the grounds of forfeiture of their office and for that purpose shall have
power to subpoena witnesses, administer oaths and require production of evidence. A
member charged with conduct constituting grounds for forfeiture of his office shall be so
notified by certified mail and shall be entitled to a public hearing on demand, and notice
of such hearing shall be published in one or more newspapers of a general circulation in
the city at least one week in advance of the hearing. Decisions made by the commission
under this section shall be subject to review by the courts.
Section 4.10. City clerk.
The mayor shall appoint an officer of the city who shall have the title of city clerk
and who shall be approved by the city commission. T-he city clerk shall gi'v'e notice of
commission meetings to its members and the public, keep the journal of its proceedings
and perform such other duties as are assigned to him by this Charter Of by the
commission.
(a) The city commission, after receiving a nomination from either the mayor or a commission
member(s) shall. bv a vote of not less than four (4) commission members, appoint an officer
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of the city who shall have the title of city clerk. The city clerk shall give notice of
commission meetings to its members and the public, keep the iournal 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 a vote of not less than four (4) commission members.
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
(90) days or both.
Section 4.12. Independent audits.
The commission shall provide for an independent audit of all city accounts and
may provide for such more frequent audits as it deems necessary. Such audits shall be
made by a certified public accountant or firm of 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 requirement
of this section.
Section 4.13. Procedure.
(a) Meetings. The commission shall meet regularly at least once every month at
such times and places as the commission may prescribe by rule. Special
meetings shall be held on the call of the mayor or three (3) or more members
and whenever practicable, upon no less than twelve (12) hours' notice to each
member. All meetings shall be public.
(b) Rules and journal. The commission shall determine its own rules and order of
business and shall provide for keeping a journal of its proceedings. This journal
shall be a public record.
(c) Voting. Voting, except on procedural matters, shall be by roll call and the ayes
and nays shall be recorded in the journal. Three (3) members of the commission
shall constitute a quorum
but a smaller number may compel the attendance of absent members in the mannef
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.
Page 7 of 23
Section 4.14. Actions requiring an ordinance.
In addition to other acts fequired 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 utilitY1 except
telephone and telegraph companies and public utilities regulated by the
Florida Public Service Commission;
(6) Conveyor lease or authorize the conveyance or lease of any land of the
city;
(7) Adopt without amendment ordinances proposed under the initiative
power; and
(8) Amend or repeal any ordinance previously adopted, except as 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.
Page 8 of 23
(d) Effective date. Except as otherwise provided in this Charter, every adopted
ordinance shall
become effective at the expiration of thirty (30) days after adoption or at any date
specified therein.
Section 4.16. Authentication and recording; codification.
The mayor and the city clerk shall authenticate by their signatures all ordinances
and resolutions adopted by the city commission and the city clerk shall record in full in a
properly indexed book kept for that purpose all such ordinances and resolutions.
ARTICLE V. CITY MANAGER
Section 5.01. Appointment; qualifications, compensation.
The commission may appoint a city manager for an indefinite term and fix his
compensation. The manager shall be appointed solely on the basis of his executive and
administrativ'e qualifications. In the event the commission does not appoint a city
manager, the administrative duties of the manager shall be the responsibility of the
mayor unless othervvise provided in this Charter.
The city commission, by the affirmative vote of not less than four (4) commission
members, shall appoint 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.
ftte--eommission may remo'v'e the city manager by motion of the city commission
requiring f'Our (4) affirmative votes; the city manager shall receive thirty (30) days'
severance pay in all such cases.
The commission may remove the city manager by a motion of the commission requiring
not less than four (4) affirmative votes of its members.
Section 5.03. Powers and duties of the city manager.
The city manager shall be the chief administrative officer of the city. He shall be
responsible to the commission for the administration of all city affairs placed in his
charge by or under this Charter. He shall have the following powers and duties:
(1) He shall appoint and when he deems it necessary for the good of the
service, suspend or remove all city employees and appoint
administrative officers provided for, by or under this Charter
except as otherwise provided by law, this Charter, or personnel rules
adopted pursuant to this Charter. He may authorize any administrative
officer who is subject to his direction and supervision to exercise these
Page 9 of 23
powers with respect to subordinates in that officer's department, office or
agency.
(2) He shall direct and supervise the administration of all departments,
officers and agencies of the city except as otherwise provided by this
Charter or by law.
(3) He shall attend all commission meetings and shall have the right to take
part in discussions but may not vote.
(4) He shall see that all laws, provisions of this Charter and acts of the
commission subject to enforcement by him or by officers subject to his
direction and supervision are faithfully executed.
(5) He shall prepare and submit the annual budget and capital program to
the commission.
(6) He shall submit to the commission and make available to the public a
complete report on the finances and administrative activities of the city at
the end of each fiscal year.
(7) He shall make such other reports as the commISSion may require
concerning the operations of city departments, officers and agencies
subject to his direction and supervision.
(8) He shall keep the commission fully advised as to the financial condition
and future needs of the city and make such recommendations to the
commission concerning the affairs of the city as he deems desirable.
(9) He shall perform such other duties as are specified in this Charter or may
be required by the commission.
Section 5.04. Acting city manager.
By letter filed with the commission, the manager shall designate, subject to
approval by the commission, a qualified city officer to exercise the powers and perform
the duties of manager during his temporary absence or disability. During such absence
or disability the commission may revoke such designation at any time and appoint
another officer of the city to serve until the manager shall return or his disability shall
cease.
ARTICLE VI. ADMINISTRATIVE DePARTMENTS
Section 6.01. 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.
Page 10 of 23
Section 6.02. City attorney.
Thefe shall be a city attorney appointed by the mayor and approved by the city
e0fnrffiss-iem-;-who shall represent the city-ifr-att--1e9at-p1'0eeedings and shall perform all
e>ther duties assigned to him by the city COn'tffltsStt)ft:-
(a) The city commission, after receiving a nomination from either the mayor or a commission
member(s) shall. by a vote of not less than four (4) commission members, appoint an officer
of the city who shall have the title of city attorney. The city attorney shall represent the city
in all 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 vote of not less than four (4) commission members.
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.
The budget shall provide the complete financial plan of all city funds and
activities for the ensuing fiscal year.
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:
(l) The proposed goals and obiectives 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
Page 11 of 23
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. 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:
(I) 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.
fa} f'v(otice and hearing. The commission shall publish in one or more newspapers
'vvith a general circulation in the city, the general summary of the budget and a
notice stating:
(1) The times and places vvhere copies of the message and budget are
available for inspection by the public; and
(2) The time and place, but not less than t'vv'O (2) .veeks after such publication
for a public hearing on the budget.
(b) Amendments before adoption. After the public hearing the commission may
adopt the budget with or without amendment. In amending the budget, it may
add or increase programs Of amounts and may delete or decrease any program
or amounts, except expenditures required for debt service or for estimating cash
deficit, provided that no amendment to the budget shall increase expenditures to
an amount greater than the total of estimated income.
(c) Adoption. The commtss-iem--stTatf-aeJept the budget on or before the fifteenth day
of September of each year.
(d) except as other-ttise provided by state iaw.
Editor's note--Subsection 7.04(d), as ratified by referendum on Nov. 3, 1981,
contained no text.
Page 12 of 23
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 appropfiations, 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 shall report to the commission without delay,
indicating the estimated amount of the deficit, and the remedial action by him
and his recommendations as to any other steps to be taken. The commission
shall then take such further action as it deems necessary to prevent or minimize
any deficit and for that purpose it may by ordinance reduce one or more
appropriations.
(d) Transfer of appropriations. At any time during the fiscal year the city manager
may transfer part or all of any unencumbered appropriation balance among
programs within a department, office or agency, and, upon written request by the
city manager, the commission may by ordinance transfer part or all of any
unencumbered appropriation balance from one department, office or agency to
another.
(e) Limitations; effective date. No appropriation for debt service may be reduced or
transferred, and no appropriation may be reduced below any amounts required
by law to be appropriated or by more than the amount of the unencumbered
balance thereof. The supplemental and emergency appropriations and reduction
or transfer of appropriations authorized by this section may be made effective
immediately upon adoption.
ARTICLE VIII. NOMINATIONS AND ELECTIONS
Section 8.01. The city elections.
Page 13 of 23
The fegular city elections shall be held on the first Tuesday fOllo'vVing the first
Monday in the month of November of each year an election is held.
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'
Page 14 of 23
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 siqned. 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 personally
circulated the paper, the number of signatures thereon, that all signatures were
affixed in his presence, that he believes them to be the genuine 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
Page 15 of 23
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 certificate to the commission and the
certificate shall then be a final determination as to the sufficiency of the petition.
(b) Commission review. If a petition has been certified insufficient and the
petitioners' committee does not file a notice of intention to amend it or if an
amended petition has been certified insufficient, the committee may within two
(2) days after receiving the copy of said certificate, file a request that it be
reviewed 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
Page 16 of 23
proposed referred ordinance to the voters of the city.
(b) Submission to voters. The vote of the city on a proposed or referred ordinance
shall be held not less than thirty (30) 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.
Page 17 of 23
ARTICLE XII. POWERS
Section 12.01. Powers generally.
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 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 8.0 I 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
Page 18 of 23
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.
APPENDlX A
TERRITORIAL BOUNDARIES
The territorial boundaries of the City of Winter Springs, Florida, shall be: All
those certain parcels of land lying and being in Seminole County, Florida, more
particularly described as follows:
Within D. R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, of the
Public Records of Seminole County, Florida, Lots 26 and 28 of Block B; also,
Lots 13, 14, 15, 19, 20, and 23 of Block C, also, all of the unplatted part of the
Levy Grant lying north of Lot 19, Block C; also, Lots 12, 13, 14, 15, and Lots 26
to 54 inclusive in Block 0, and that part of Lot 56, Block D, lying north of
Longwood-Wagner Road, less the east 300 feet thereof, and Lot 55, Block D;
also, all of Lots 59 to 94 inclusive, the east 1/2 of Lot 95, Lots 99 to 107
inclusive, the east1/4 of Lot 108, 10 acres square in the northwest corner of Lot
110, Lots 111 to 115 inclusive, Lots 119 to 123, inclusive, Lots 127 and 128, and
all of that part of Lots 129, 139, and 131 not heretofore conveyed to Seminole
Driving Park, and all of Lots 135, 136, 143 and 144, all in Block D of said D. R.
Mitchell's Survey of the Levy Grant; also, a tract of land described as follows:
Begin at the intersection of the east line of Lot 99, Block 0 with the north line of
the lands of Micon and LeHardy; thence run southeasterly along the north line of
the lands of Micon and LeHardy approximately 2,400 feet to the southerly
extension of the west line of Tuscawilla; thence run north along southerly
extension of the west line and along the west line of Tuscawilla to the northwest
corner of Tuscawilla; thence easterly along north line of Tuscawilla to the west
side of a road running north and south between Lots 7, 8, 9 and 10 of
Tuscawilla; thence northwesterly along the west side of said road to the
southeast corner of Lot 36, Block 0; thence run westerly along south lines of
Lots 36 and 37, Block 0 to the northeast corner of Lot 61, Block 0; thence
westerly along the south line of Lots 74, 75, 76 and 77, Block D to the northeast
corner of Lot 99, Block 0; thence southerly along the east line of Lot 99, Block D
to the point of beginning. Within Entzminger Farms, Addition No.2, as recorded
in Plat Book 5, Page 9, of the Public Records of Seminole County, Florida, Lots
26 and 29, Lots 33 to 40 inclusive, Lots 43 to 51 inclusive, and Lots 56 to 61
inclusive. In Gardena Farms, according to the plat recorded in Plat Book 6,
Pages 23 and 24 of the Public Records of Seminole County, Florida, the south
250 feet of Block 3 and all of Blocks 4 to 100 inclusive. All of Gardena Farms
Townsites as recorded in Plat Book 6, Page 39, of the Public Records of
Seminole County, Florida, less and except Lots 1, 2, and 3 in Block 2, also less
the unplatted portion of Block 2 and Blocks Band C. In Chase and Company's
Subdivision of Wagner, as recorded in Plat Book 6, Page 64 of the Public
Records of Seminole County, all of Block E. Also, a track [tract] of land described
Page 19 of 23
as follows: Begin 130 feet west and 151.8 feet north of the southeast corner of
the northeast 1/4 of the southwest 1/4 of the southwest 1/4 of Section 22-20-30,
run north 48?18'30" west 161.1 feet to the easterly right-of-way State Road 15-
600; thence north 41?41'31" east along said right-of-way 181 feet; thence south
257.8 feet to Beginning, and; parcel "A": Lots 17 and 18, Block B, Oak Grove
Park, according to the plat thereof as recorded in Plat Book 7, Page 83, of the
Public Records of Seminole County, Florida, less right-of-way for U.S.17/92and
all that part of Lots 15 and 16 of said Block B, lying east of the west line of Lot
21, Block C, of D. R. Mitchell's Survey of the Levy Grant, according to the plat
thereof, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole
County, Florida; also all that part of said Lot 21, Block C, of D. R. Mitchell's
Survey of the Levy Grant, lying easterly of said Oak Grove Park and southerly of
Shepard Road and lying northerly of a line described as follows: Begin at the
northeast corner of Lot 12, Block B, of said Oak Grove Park; thence run south
86?35'15" east 1928.369 feet to a point on the easterly line of said Lot 21, Block
C, D. R. Mitchell's Survey of the Levy Grant, said point being 1155.005 feet
south 5?57'13" west from the southerly right-of-way line of Shepard Road,
subject to Florida Power Corporation's 175-foot easement and containing exactly
50 acres. Parcel "B": Lot 12, Block B, Oak Grove Park, according to the plat
thereof as recorded in Plat Book 7, Page 83 of the Public Records of Seminole
County, Florida, less right-of-way for U.S. 17/92; and the north 385 feet of the
east 225 feet of Lot 15, and Lot 24, less the east 25 feet of the south 200 feet
thereof, of Entzminger Farms Addition No.3, according to the plat thereof, as
recorded in Plat Book 6, Page 27, of the Public Records of Seminole County,
Florida; also that part of Lot 21, Block C, D. R. Mitchell's Survey of the Levy
Grant, according to the plat thereof as recorded in Plat Book 1, Page 5, of the
Public Records of Seminole County, Florida, described as: Begin at the
northeast corner of Lot 12, Block B, said Oak Grove Park; thence run south
4 ?44' west 1,063.719 feet to the southwest corner of said Lot 21; thence run
north 83?21'25" east 1,950.789 feet to the southeast corner of said Lot 21;
thence run north 5?57'13" east 722.942 feet to a point 1,155.005 feet south
5?57'13" west from the intersection of the East line of said Lot 21 with the
southerly right-of-way line of Shepard Road; thence run north 86?35'15.5" west
1 ,928.369 feet to the point of beginning, subject to Florida Power Corporation's
175-foot easement and containing exactly 50.286 acres, less the following: Lot
12 and Lots 17 and 18 lying west of the northerly projection of the east property
line of Lots 12 through 16, Block B, Oak Grove Park, as recorded in Plat Book 7,
Page 83 of the Public Records of Seminole County, Florida, and; Begin at the
southeast corner of Gardena Farms as recorded in Plat Book 6, Pages 23 and
24, Public Records of Seminole County, Florida; run thence north 85?00'OO" west
along the south line of said Gardena Farms a distance of 5,479.23 feet to the
westerly right-of-way line of the Tuscawilla-Gabriella Road; run thence north
04?24'22" east along said westerly right-of-way line a distance of 2,450.55 feet;
thence leaving said westerly right-of-way line run south 84 ?50'15" east 1,120.89
feet; run thence north 04 ?04'15" east 1 ,969.15 feet; run thence north 85?05'45"
west 418.47 feet to the westerly right-of-way line of the aforesaid Tuscawilla-
Gabfiella Road; thence continue along said westerly right-of-way line run north
43?25'40" east 521.37 feet to the point of curvature of a curve concave
Page 20 of 23
northwesterly having a radius of 1,612.02 feet, and a central angle of 20705'33";
run thence northeasterly along the arc of said curve a distance of 565.30 feet to
the point of tangency; thence continuing along said westerly right-of-way run
north 23720'07" east 3,903.29 feet to the point of curvature of a curve concave
northwesterly having a radius of 2,839.79 feet and a central angle of 09714'37";
thence run northeasterly along the arc of said curve a distance of 458.15 feet to
the point of tangency; thence continuing along said westerly right-of-way line, run
north 14705'30" east a distance of 1,581.20 feet; thence leaving said westerly
right-of-way run south 84751'30" east 1,368.08 feet; thence run south 05710'20"
west 386.72 feet; run thence south 84 ?50'40" east 634.53 feet to a point on the
southerly right-of-way line of Railroad Avenue; run thence along said southerly
right-of-way line south 54756'40" east 633.59 feet to a point on the easterly right-
of-way line of Gardena Avenue; run thence along said easterly right-of-way line
north 22739'04" east 142.94 feet to a point on the southerly right-of-way line of
Atlantic Seaboard Coastline Railroad; run thence along said southerly right-of-
way line south 54733'05" east 587.22 feet; thence leaving said southerly railroad
right-of-way run north 00711'11" east 937.80 feet to a point on the southerly
right-of-way line of State Road No. 419; run thence the following courses along
said southerly right-of-way line of State Road No. 419, north 88726'29" east
2,224.37 feet; thence run south 89758'56" east 3,686.53 feet; thence south
89721 '56" east 2,159.76 feet; thence leaving said southerly right-of-way line run
south 00716'36" west 1,062.76 feet to the northeast corner of Section 8,
Township 21 South, Range 31 East; thence run south 00725'38" east along the
east section line of said Section 8 a distance of 798.62 feet; run thence north
82710'38" west 310.20 feet; run thence south 04734'12" west 1,143.12 feet; run
thence north 89734'22" east 406.56 feet; run thence south 00725'38" east 745.20
feet; run thence south 89727'54" east a distance of 1 ,349.48 feet; run thence
south 00709'56" west 1,326.01 feet; run thence north 89713'53" west 672.52
feet; run thence south 00700'36" west 980.83 feet; run thence north 89716'52"
west 671.86 feet to a point on the east line of the aforesaid Section 8; run thence
south 00701 '43" east along said east line of the aforesaid Section 8; run thence
south 00701 '43" east along said east line of Section 8; 330.14 feet to the
northeast corner of Section 17, Township 21 South, Range 31 East; run thence
along the east line of said Section 17 south 00716'14" west 1,341.14 feet; thence
leaYing said east section line run north 89715'33" west 4,004.99 feet; run thence
south 00714'56" west 1,775.51 feet; run thence north 89703'43" west 1,415.02
feet; run thence north 00714'26" west 687.66 feet; run thence north 85714'00"
west 602.10 feet; run thence south 87751'00" west 1,083.26 feet; run thence
south 00715'09" east 2,167.87 feet; run thence north 84748'16" west 2,404.62
feet to the point of beginning; less that portion of Winter Springs as recorded in
Plat Book 15, Pages 81 and 82 of the Public Records of Seminole County,
Florida; also less, begin at the southeast corner of Gardena Farms as recorded
in Plat Book 6, Pages 23 and 24 of said Seminole County, Florida; run thence
north 05709'50" east 33.00 feet; run thence north 85700'00" west parallel with the
southerly line of said Gardena Farms, 4,502.35 feet; to a point of beginning; run
thence further north 85?00'00" west 627.31 feet; thence run north 05700'00" east
225.00 feet; thence run north 84709'48" east 175.44 feet; thence run south
Page 21 of 23
85700'00" east 455.00 feet; thence run south 05700'00" west 257.98 feet to the
point of beginning; also less, begin at the southeast corner of Gardena Farms as
recorded in Plat Book 6, Pages 23 and 24 of the Public Records of Seminole
County, Florida; run thence north 05709'50" east along the east line of said
Gafdena Farms 7,160.06 feet to a point on the northerly right-of-way line of a
Florida Power and Light easement as recorded in O.R. Book 183, Page 130; run
thence north 85710'12" west along said northerly right-of-way line 2,513.71 feet
to a point on the southerly right-of-way line of a Florida Power and Light
easement as recorded in D.B. 193, Page 276, of said Seminole County; run
thence south 1,098.64 feet; run thence north 85710'12" west 772.70 feet to the
point of beginning; run thence north 04749'48" east 300.00 feet; run thence north
85710'12" west 675.80 feet to the easterly right-of-way line of the Tuscawilla-
Gabriella Road; run thence south 23720'07" west along said easterly right-of-way
line 316.36 feet; thence leaving said easterly right-of-way line run south
85710'12" east 776.20 feet to the point of beginning, containing 2,890.9140:1:
acres. And also less, the south 33 feet of the aforesaid Gardena Farms
Subdivision, and also less that part lying within existing North Orlando city limits,
and begin at the northeast corner of Lot 6, Gardena Farms as recorded in Plat
Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run
thence westerly along the north line of Lots 6 through 11 a distance of 3,851.40
feet to the northwest corner of Lot 11 of said Gardena Farms; run thence
southerly along the westerly line of said Gardena Farms 6,623.75 feet; thence
run westerly to a point 1,309.8 feet north and 198 feet east of the northwest
corner of Section 13, Township 21 South, Range 30 East; thence run southerly
1,309.8 feet to a point 198 feet east of said northwest corner of Section 13,
Township 21 South, Range 30 East; thence run easterly 906.5 feet; thence run
north 19720' east 359.00 feet; thence run south 857 east 801.9 feet; thence run
south 057 west to the westerly right-of-way line of the Tuscawilla-Gabriella
Road; thence run northeasterly along the said westerly right-of-way line of the
Tuscawilla-Gabriella Road to the point of beginning, and also Lots 1 and 2, Block
A, D. R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, Seminole
County Public Records, less all that part previously lying within the city limits of
the Village of North Orlando, and also; Begin at the intersection of State Road 15
and 600 (U.S. 17/92) and State Road S-434 run south 89?02'30" east 4,005.18
feet to the P.C. of a curve concave to the north, having a radius of 2,864.93 feet,
a central angle of 5730'30"; thence run northeasterly along said curve an arc
length of 275.42 feet to the P.T. of said curve; thence run north 85727'00" east
3,709.58 feet to the P.C. of a curve concave northwesterly having a radius of
1,273.57 feet, a central angle of 18758'00"; thence run northeasterly along said
curve an arc length of 421.48 feet to the P.T. of said curve; thence run north
66729'00" east 2,776.82 feet to the P.C. of a curve concave northwesterly having
a radius of 1,637.28 feet, a central angle of 17704'00"; thence run northeasterly
along said curve an arc length of 487.67 feet to the P.T. of said curve; thence
run north 49725'00" east 70.24 feet to the P.C. of a curve concave southeasterly
having a radius of 636.62 feet, a central angle of 27758'00"; thence run
northeasterly along said curve an arc length of 310.74 feet to the P.T. of said
curve, said point being the intersection of State Roads S-434 and 419, less
Page 22 of 23
those parts lying within the City of Casselberry and the City of Longwood,
Florida.
Page 23 of 23
EXIllBIT "C"
Ordinance No. 2001-44
NOTICE OF CITY OF WINTER SPRINGS REVISED CITY CHARTER
REFERENDUM.
Pursuant to the provision of Section 100.342, Florida Statutes, notice is hereby given that
a revised City Charter referendum election to be held on September 4, 2001, or such other date
as may be authorized by law, there shall be submitted to the citizens of Winter Springs the
question described in Ordinance 2001-44, adopted by the City Commission of the City of Winter
Springs, Florida, on the 23rd day of July, 2001. The title of the Ordinance is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, PROVIDING FOR A REFERENDUM
ELECTION AND BALLOT LANGUAGE FOR THE SEPTEMBER 4, 2001
SPECIAL ELECTION, OR SUCH OTHER DATE AS MAY BE
AUTHORIZED BY LA W, FOR PURPOSES OF PROPOSING THE
ADOPTION OF A REVISED CITY CHARTER; PROVIDING FOR
COORDINA TION WITH THE SUPERVISOR OF ELECTIONS;
PROVIDING FOR NOTICE OF THE REFERENDUM ELECTION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
The ballot caption and referendum question is as follows:
CITY OF WINTER SPRINGS
REVISED CITY CHARTER
Shall the City Charter be revised per Ordinance 2001-44 to provide,
among other things, Mayor/Commission elections during Florida
gubernatorial and presidential elections, define term limits as three
consecutive full terms of office, a ceremonial Mayor who presides
at Commission meetings, appointment and removal of City
Manager, City Clerk, and City Attorney by a vote of not less than
four Commissioners, requirements for City budget, Capital
Program, and citizen initiative for Charter Amendments?
Yes, for Revised City Charter
No, against Revised City Charter
exhibit a to city charter. kj