HomeMy WebLinkAbout2001 06 25 Regular H Final Version of the Charter Amendment
COMMISSION AGENDA
June 25.2001
Regular Meeting
Consent
Informational
Public Hearing
Regular X
ITEM H
~
Mgr. I Dept.
Authorization
REQUEST:
City Manager requesting the City Commission to approve the final version
of the Charter amendments to be presented to the public and to instruct the
City Attorney to prepare an Ordinance calling for the referendum.
PURPOSE:
This Agenda Item is needed to have the Commission approve the final
amendments to the City Charter the Commission desires to offer to the
public, the final form in which the amendments will be presented, to have
an Ordinance prepared calling for the referendum.
CONSIDERA TIONS:
I) On June 11, 2001, the Commission established a date of August 1,
2001 to meet with its Charter Consultant to finalize Charter
amendments it desires to offer to the public.
2) On Friday, June 15,2001, the Supervisor of Elections advised the City
that prepared Charter questions must be filed with her office no later
than July 20, 2001.
3) The City Clerk advised the Commission of the scheduling problem
and determined that the best date for a Commission Workshop to
finalize Charter amendments was Monday, June 18,2001.
4) On Friday, June 15, 2001 the Clerk posted the Workshop as required
by law.
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - JUNE 25, 2001
REGULAR AGENDA ITEM "H"
PAGE 2 OF 5
5) On Monday, June 15, 2001 the Commission met and provided its
consultant with their final comments and requested that the matter be
placed on the June 25,2001 meeting for formal approval.
FUNDING:
No additional funds required.
RECOMMENDATIONS:
It is recommended that the Commission
1) Approve the final amendments to the Charter to be offered to the
public.
2) Approve the form in which the amendments will be offered:
1) Adoption of the entire Charter as amended (Charter Revision) or
2) Adoption of a series of independent Charter amendments
3) Authorize the City Attorney to prepare an appropriate Ordinance
calling for the referendum.
COMMISSION ACTION:
REVISED CHARTER
CITY OF WINTER SPRINGS, FLORIDA
Red liRe VerSiOR
Mayor and Commissioners
City of Winter Springs, Florida
Mayor Paul Partyka
Commissioner Michael Blake
Commissioner Cindy Gennell
Commissioner David McLeod
Commissioner Edward Martinez
Commissioner Bob Miller
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
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 property which is contiguous, reasonably compact and
unincorporated, the City of Winter Springs, may annex said land to the territorial limits of the
municipality by ordinance. The procedure to be followed in the annexation of territory shall be as set
forth in Chapter 171, Florida Statutes as it now exists or as it may be renumbered or amended.
ARTICLE III. POWERS OF THE CITY
Section 3.01. 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.
ill) Composition. Thoro shall bo a city commiGsion of fivo votors of the city at largo. Each city
commission mombor shall rosido in a dosignatod geographical diGtriot, which distriots shall
contain as oqual a number in population as practicablo. 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 tenn of 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 such tenns 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) Eliqibilitv. 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, 9 1, 8-13-90)
Note--See the editor's note following 9 4.02.
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 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
2
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, S 1, 8-13-90)
Editor's note--Ord. No. 494, S 1, adopted Aug. 13, 1990, provided for the amendment of Char.
SS 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 fiffit TueGday fellowing the
first Menday in the month ef Nevember ef each year an election is held. at the time provided for
in Section 8.01 of this Charter. All elections shall be for tRFee 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. +he
commissionors elected to Gerve on the city commission ef the City of Winter Springs, Florid~,
shall cerve as the first city commisGion until tho first election under this Charter.
(c) These cemmissioners and m~yor elected simultaneously 'Nith the referendum election held
pUffiuant to Soction 166.031, Florid~ St~tutes at which thiG Charter provi!::ion was approved by the
electerate shall serve as commissioners and mayor for a three year term; at the first election held
under this Ch~rter the remainder of the previously elected two year term positions shall be for three
(3) years.
(c) All oommissioner!:: and the mayor Ghall bo limited to thr-oe (3) terms, te be sOlVed oonseoutivoly.
The mayor shall be limited to three (3) consecutive full terms of office. Commission members shall be limited
to three (3) consecutive full terms of office. The mayor or any commission member who has served three (3)
consecutive full terms of office after having been out of office for a period of one (1 ) vear. 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
~
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
3
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.
Tho mayor shall oot and corvo as ohairman of tho oity oommission, shall bo tho ohiof
oxooutivo offioor of the city, shall proside at its mootings, Ghall bo rooognizod aEi hoad of tho oity
govornmont for all oeremonial purposos and bo tho govornor for purposes of military low.
/\dditionally, tho mayor sholl havo the r()sponsibility of the administrotive duties of tho city manager
in the ovont tho oity oommis&ion doos not appoint a oity managor, unloc& othol'\\'iEio providod in thi&
chartor. The oommission shall eleot from among its mombofEi 0 doputy mayor who chall aot aEi
mayor during tho absonce or disability of the mayor, and if 0 vaoanoy ooours, shall booomo mayor
for tho r()maindor of tho unoxpirod torm, or until tho firot municipal eleotion oftor tho vaoanoy ooours,
,,':hiohovor shall occur first. If a munioipal oleotion is hold prior to tho oxpirotion of 0 mayor's torm of
offioe, tho OIOotOFS of tho oity shall oloat 0 noVl mayor to fulfill tho r()A1aining unexpired torm of offioe.
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 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/~ the affirmative vote of four (4) of tho 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.
Exoept where authorizod by low, no commissioner sholl hold ony other oity offioe or oity
omploymont during the term for whioh he was olocted to the oommission.
(a) Holdinq other office. Except where authorized by law, neither the mayor nor any
commission member shall hold any other elected public office durinq the term for which the
mayor or commission member was elected. Neither the mayor nor any commission member
4
shall hold any other city office or city employment with the City of Winter Sprinqs durinq 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. Nothinq 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 interqovernmental aqency, or to prohibit any former
mayor or commission member from servinq 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 manaqer 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 anvthinq pertaininq 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 qive 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 communicatinq with the various officers and employees of the city, as in the case
of any other citizen of the city.
Section 4.08. Vacancies; forfeitures of office; filling of vacancies.
(a) Vacancies. The office of the commissioner or mayor shall become vacant upon his death,
resignation, removal from office in any manner authorized by law or forfeiture of his office,
or in the event no one is elected to the office of mayor or commission member.
(b) Forfeiture of office. A commissioner or mayor shall forfeit his office if he:
(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 tAe-~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 eR-a
majority vote of all its remaining members.
Section 4.09. Judge of qualifications.
The commission shall be the judge of the election and qualifications of its members and of
the grounds of forfeiture of their office and for that purpose shall have power to subpoena witnesses,
administer oaths and require production of evidence. A member charged with conduct constituting
5
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.
Tho mayor Ghall appoint an offioor of tho city who chall havo tho titlo of city clork and who
chall be approved by tho oity oommiccion. The city olerk Ghall givo notico of oommiGsion meetings
to its momboFE: and tho public, koop the journal of its proceedings and porform cuoh othor dutios as
arc aGGignod to him by thiG Chartor or by tho commiGsion.
(a) The city commission. after receiving a nomirIation from either the mayor or a commission member(s)
shall. bva vote of not less than four (4) commission members. appoint an officer of the city who shall
have the title of city clerk. The city clerk shall give notice of commission meetirIgs 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
6
shall provide for keeping a journal of its proceedings. This journal shall be a public record.
(c) Voting. Voting, except on procedural matters, shall be by roll call and the ayes and nays shall
be recorded in the journal. Three (3) members of the commission shall constitute a quorum
but a smaller number may compel the attendance of absent members in the manner and subject
to the penalties prescribed by the rules of the commission. No action of the commission shall
be valid or binding unless adopted by the affirmative vote of three (3) or more members of the
commission.
Section 4.14. Actions requiring an ordinance.
In addition to other acts required by law or by specific provisions of this Charter to be done
by ordinance, those acts of the city commission shall be done by ordinance which:
(1) Adopt or amend an administrative code or establish or alter or abolish any city
department, office or agency;
(2) Provide for a fine or other penalty or establish a rule or regulation for violation of
which a fine or other penalty is imposed;
(3) Levy taxes, except as otherwise provided in Article VII with respect to the property
tax levied by the adoption of the budget;
(4) Grant or renew or extend a franchise;
(5) Regulate the rate charged for its services by the public utility, except 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
7
commission. All ordinances shall be posted in the city hall for thirty (30) days after their first
reading.
(c) Effective date. Except as otherwise provided in this Charter, every adopted ordinance shall
become effective at the expiration of thirty (30) days after adoption or at any date specified
therein.
Section 4.16. Authentication and recording; codification.
The mayor and the city clerk shall authenticate by their signatures all ordinances and
resolutions adopted by the city commission and the city clerk shall record in full in a properly indexed
book kept for that purpose all such ordinances and resolutions.
ARTICLE V. CITY MANAGER
Section 5.01. Appointment; qualifications, compensation.
Tho oommission may appoint a city managor for an indofinite term and fix his oompont~ation.
Tho managor shall bo appointod solely on tho basis of hie oxooutivo and administrati':o
qualifioations. In the ovont tho oommission does not appoint a city managor, tho administrativo
dutios of tho manager shall bo tho rosponE:ibility of the mayor un loss othorwiso pro':ided in this
Chartor.
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.
Tho commission may romove tho city managor by motion of tho oity commiesion roquiring
four (-4) affirmativo ',otoe; tho oity managor shall rocoive thirty (30) days' severanco pay in all Guoh
caGOG.
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,
Charter, or personnel rules adopted pursuant to this Charter. He may
administrative officer who is subject to his direction and supervision
powers with respect to subordinates in that officer's department,
8
this
authorize any
to exercise these
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.
Section 6.02. City attorney.
Thoro sholl bo a city attornoy appointed by the moyor ond opproved by the city commiGsion,
who shall r~prosont the city in alllogol procoodings and shall perform all other dutios assigned to
him by the city commission.
9
(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 citv 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 citv 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 oomplote financial plan of all oity funds and ootivitie& for tho
onsuing ficool 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 ofthe preceding fiscal year. It
shall indicate in separate sections:
(1) 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 bv
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 fOIWard fund balance, exclusive of reserves.
Section 7.04. Capital Program.
10
(a) Submission to commission. The city manager shall prepare and submit to the commission a
current and five (5) year capital program no later than the final date for submission of the budget.
(b) Contents. The capital program shall include:
(1) A clear general summary of its contents;
(2) A list of all capital improvements and other capital expenditures which are proposed to be
undertaken during the current and five (5) fiscal years next ensuing. with appropriate
supporting information as to the necessity for each;
(3) Cost estimates and recommended time schedules for each improvement or other capital
expenditure;
(4) Method of financing upon which each capital expenditure is to be reliant; and
(5) The estimated annual cost of operating and maintaining the facilities to be constructed or
acquired.
The above shall be revised and extended each year with regard to capital improvements still
pending or in process of construction or acquisition.
Section 7.05. Commission action on budget.
~ Not.~e and ReariAg. The commission shall publish in ono or moro newspapers with a gonoral
circulation in the city, the genoral summary of the budget and a notico stating:
(1) Tho times and placos '.vhere copies of the message and budget are a'Jailablo for
inspection by the public; and
(2) The time and place, but not leGS than two (2) INeoks after such publication for a
public hearing on the budget.
(b) Amendmonts beforo adoption. .'\fter the public hearing the commission may adopt the budget
with or without amendment. In amending the budget, it may add or increase programs or
amounts and may doleto or docrease any program or amounts, oxcept oxpenditureG
required for debt service or for eGtimating cash deficit, pro'o'ided that no amondment to tho
budgot Ghall increase oxpenditur€G to an amount greater than tho total of estimated incomo.
(c) Adoption. The commission shall adopt tho budgot on or beforo the fifteenth day of
September of each year.
(d) ExcOfJt :JS otherwise pmviood by st:Jte J:Jw.
&ditor's note Subseotion 7.04(d), aE: ratifiod by referendum on Nov. 3, 1981, oontainod no
~
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
11
commission by ordinance may make supplemental appropriations for the year up to the
amount of such excess.
(b) Emergency appropriations. To meet a public emergency affecting life, health, property, or
the public peace the commission may make emergency appropriations. To the extent that
there are no available un-appropriated revenues to meet such appropriations, the
commission may by such emergency ordinance authorize the issuance of emergency notes
and renewals of any fiscal year shall be paid not later than the last day of the fiscal year
succeeding that in which the emergency appropriation was made.
(c) Reduction of appropriations. If at any time during the fiscal year it appears probable to the
city manager that the revenues available will be insufficient to meet the amount
appropriated, he 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.
Tho regular city olections shall bo held on the first TueGday following tho first Monday in tho
month of Novombor of each yoar an oloction is hold.
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 fiye shall coincide with the United States
Presidential election years. The entire electorate shall be entitled to yote 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.
12
Section 8.04. Non Partisan Elections.
Municipal elections shall be nonpartisan and all officers shall be elected without
reference to their political faith or party affiliations.
ARTICLE IX. INITIATIVE AND REFERENDUM
Section 9.01. General authority.
(a) Initiative. The qualified voters of this city shall have power to propose ordinances to the
commission and, if the commission fails to adopt an ordinance so proposed without any
change in substance, to adopt or reject it at a city election, provided that such power shall
not extend to the budget or capital program or any ordinance relating to appropriation of
money, levy of taxes or salaries of city officers or employees.
(b) Referendum. The qualified voters of the city shall have power to require reconsideration by
the commission of any adopted ordinance and, if the commission fails to repeal an
ordinance so reconsidered, to approve or reject it at a city election, provided that such power
shall not extend to the budget or capital program, or any emergency ordinance or ordinance
relating to appropriation of money or levy of taxes.
Section 9.02. Commencement of proceedings; petitioners' committee; affidavit.
Any five (5) qualified voters may commence initiative or referendum proceedings by filing
with the city clerk an affidavit stating that they will constitute the petitioners' committee and be
responsible for circulating the petition and filing it in proper form, stating their names and addresses
and specifying the address to which all notices to the committee are to be sent, and setting out in
full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.
Promptly after the affidavit of the petitioners' committee is filed, the clerk shall issue the
appropriate petition blanks to the petitioners' committee within thirty (30) calendar days.
Section 9.03. Petitions.
(a) Number of signatures. Initiative and referendum petitions must be signed by qualified voters
of this city equal in number to at least fifteen (15) per cent of the total number of qualified
voters registered to vote at the last regular city election. When the registered electors of the
City of Winter Springs reaches 7,000, then the percentage changes to ten (10) per cent and
remains ten (10) per cent thereafter.
(b) Form and content. All papers of a petition shall be uniform in size and style and shall be
assembled as one instrument for filing. Each signature shall be executed in ink or indelible
pencil and shall be followed by the address of the person signing, and the date 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
13
to be the genuine signatures of the persons['] name they purport to be and that each signer
had an opportunity before signing to read the full text of the ordinance proposed or sought
to be reconsidered.
(d) Time for filing referendum petitions. Referendum petitions must be filed within thirty (30) days
after adoption by the commission of the ordinance sought to be reconsidered.
Section 9.04. Procedure after filing.
(a) Certificate of the clerk; amendments. Within twenty (20) days after the petition is filed, the
city clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the
particulars wherein it is defective and shall promptly send a copy of the certificate to the
petitioners' committee by registered mail. A petition certified insufficient for lack of a required
number of valid signatures may be amended once if the petitioners' committee files a notice
of intention to amend it with the clerk within two (2) days after receiving the copies of the
clerk's certificate and files a supplementary petition upon additional papers within ten (10)
days after receiving the copies of said certificate. Such supplementary petition shall comply
with the requirements of subsections (b) and (c) of Section 9.03 and within five (5) days after
it is filed with the clerk, the clerk shall complete a certificate as to sufficiency of the petition
as amended and promptly send a copy of said certificate to the petitioners' committee by
registered mail as in the case of an original petition. When a petition or amended petition is
certified insufficient and the petitioners' committee does not elect to amend or request
commission review under subsection (b) of this section within the time required, the clerk
shall promptly present his 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
14
the ordinance reconsidered.
Section 9.06. Action on petition.
(a) Action by commission. When an initiative or referendum petition has been finally determined
sufficient, the commission shall properly consider the proposed initiative ordinance in the
manner provided in Article IV, Section 4.15. or reconsider the referred ordinance by voting
its repeal. If the commission fails to adopt a proposed initiative ordinance without any
change in substance within sixty (60) days or fails to repeal the referred ordinance within
thirty (30) days of the date the ordinance was finally determined sufficient, it shall submit the
proposed referred ordinance to the voters of the city.
(b) Submission to voters. The vote of the city on a proposed or referred ordinance shall be held
not less than 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
15
affected thereby. If the application of the Charter or any of its provisions to any person or
circumstance is held invalid, the application of the Charter and its provisions to other persons or
circumstances shall not be affected thereby.
ARTICLE XII. POWERS
Section 12.01. 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, perfonn 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 8.01 of this Charter for the election of mayor and of commission
members from seats designated as two and four. The mayor and the two (2) commission
members elected at this election shall serve for terms offour (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
16
Charter and whose terms expire in the year 2003, but which terms are hereby extended for a
period of one year to the year 2004. Said second election shall be held 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.
APPENDIX 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 D, 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 D 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 comer 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 D; thence run westerly along south lines of Lots 36 and
37, Block D to the northeast corner of Lot 61, Block D; thence westerly along the south line
of Lots 74, 75, 76 and 77, Block D to the northeast corner of Lot 99, Block D; 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
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 48018'30" west
161.1 feet to the easterly right-of-way State Road 15-600; thence north 41041'31" 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
17
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 86035'15" 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 5057'13" 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 4044' west 1,063.719 feet to the southwest corner of said Lot 21; thence
run north 83021 '25" east 1,950.789 feet to the southeast corner of said Lot 21; thence run
north 5057'13" east 722.942 feet to a point 1,155.005 feet south 5057'13" 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 86035'15.5" 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 85000'00" 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 04024'22" 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
84050'15" east 1,120.89 feet; run thence north 04004'15" east 1,969.15 feet; run thence
north 85005'45" west 418.47 feet to the westerly right-of-way line of the aforesaid
Tuscawilla-Gabriella Road; thence continue along said westerly right-of-way line run north
43025'40" east 521.37 feet to the point of curvature of a curve concave northwesterly having
a radius of 1,612.02 feet, and a central angle of 20005'33"; 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 23020'07" 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 09014'37"; 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 14005'30" east a distance of 1,581.20 feet; thence leaving said westerly right-of-way
run south 84051 '30" east 1,368.08 feet; thence run south 05010'20" west 386.72 feet; run
thence south 84050'40" 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 54056'40" 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 22039'04" 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 54033'05" east 587.22 feet; thence leaving said southerly railroad
right-of-way run north 00011'11" east 937.80 feet to a point on the southerly right-of-way line
18
of State Road No. 419; run thence the following courses along said southerly right-of-way
line of State Road No. 419, north 88026'29" east 2,224.37 feet; thence run south 89058'56"
east 3,686.53 feet; thence south 89021'56" east 2,159.76 feet; thence leaving said southerly
right-of-way line run south 00016'36" west 1,062.76 feet to the northeast corner of Section
8, Township 21 South, Range 31 East; thence run south 00025'38" east along the east
section line of said Section 8 a distance of 798.62 feet; run thence north 82010'38" west
310.20 feet; run thence south 04034'12" west 1,143.12 feet; run thence north 89034'22" east
406.56 feet; run thence south 00025'38" east, 745.20 feet; run thence south 89027'54" east
a distance of 1,349.48 feet; run thence south 00009'56" west 1,326.01 feet; run thence north
89013'53" west 672.52 feet; run thence south 00000'36" west 980.83 feet; run thence north
89016'52" west 671.86 feet to a point on the east line of the aforesaid Section 8; run thence
south 00001'43" east along said east line of the aforesaid Section 8; run thence south
00001'43" 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 00016'14" west 1,341.14 feet; thence leaving said east section line run
north 89015'33" west 4,004.99 feet; run thence south 00014'56" west 1,775.51 feet; run
thence north 89003'43" west 1,415.02 feet; run thence north 00014'26" west 687.66 feet; run
thence north 85014'00" west 602.10 feet; run thence south 87051 '00" west 1,083.26 feet; run
thence south 00015'09" east 2,167.87 feet; run thence north 84048'16" 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 05009'50" east 33.00 feet; run thence north
85000'00" west parallel with the southerly line of said Gardena Farms, 4,502.35 feet; to a
point of beginning; run thence further north 85000'00" west 627.31 feet; thence run north
05000'00" east 225.00 feet; thence run north 84009'48" east 175.44 feet; thence run south
85000'00" east 455.00 feet; thence run south 05000'00" 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 05009'50" east along the east line of said Gardena 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 85010'12" 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 0.8. 193, Page 276, of said Seminole County; run thence south
1,098.64 feet; run thence north 85010'12" west 772.70 feet to the point of beginning; run
thence north 04049'48" east 300.00 feet; run thence north 85010'12" west 675.80 feet to the
easterly right-of-way line of the Tuscawilla-Gabriella Road; run thence south 23020'07" west
along said easterly right-of-way line 316.36 feet; thence leaving said easterly right-of-way
line run south 85010'12" east 776.20 feet to the point of beginning, containing 2,890.9140:t
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
19
East; thence run easterly 906.5 feet; thence run north 19020' east 359.00 feet; thence run
south 850 east 801.9 feet; thence run south 050 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 89002'30" 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 5030'30"; thence run
northeasterly along said curve an arc length of 275.42 feet to the P.T. of said curve; thence
run north 85027'00" 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 18058'00"; thence run northeasterly along said
curve an arc length of 421.48 feet to the P.T. of said curve; thence run north 66029'00" 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 17004'00"; thence run northeasterly along said curve an arc length of
487.67 feet to the P.T. of said curve; thence run north 49025'00" east 70.24 feet to the P.C.
of a curve concave southeasterly having a radius of 636.62 feet, a central angle of
27058'00"; 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 those
parts lying within the City of Casselberry and the City of Longwood, Florida.
20