HomeMy WebLinkAbout2026 08 20 Ad hoc Charter Review Committee Regular Meeting AgendaAD HOC CHARTER REVIEW
COMMITTEE
REGULAR MEETING AGENDA
THURSDAY, AUGUST 20, 2026 - 5:30 PM
CITY HALL - COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
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CALL TO ORDER
Roll Call
Invocation
Pledge of Allegiance
Agenda Changes
PUBLIC INPUT
Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a
“Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or
homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City
Commission.
CONSENT AGENDA
100. Approval of the Minutes: Thursday, July 23, 2026 Ad-Hoc Charter Review Committee Regular
Meeting Minutes
2026 07 23 Ad Hoc Charter Review Regular Meeting Minutes.pdf
REGULAR AGENDA
200. Third Committee Meeting: Continue Discussion on City Charter Review (Articles 1-4)
2026 City Charter Handout Art. I-IV v.2.pdf
City Charter Comparison Chart Governing Body.pdf
REPORTS
PUBLIC INPUT
Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a
“Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or
homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City
Commission.
ADJOURNMENT
PUBLIC NOTICE
This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised
that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this
Meeting, and may participate in discussions.
Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of
Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically
handicapped person to attend the meeting, directed to the chairperson or director of such board, commission,
agency, or authority" - per Section 286.26 Florida Statutes.
"If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter
considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such
purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes.
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CONSENT AGENDA ITEM 100
AD HOC CHARTER REVIEW COMMITTEE AGENDA | AUGUST 20, 2026
REGULAR MEETING
TITLE
Approval of the Minutes: Thursday, July 23, 2026 Ad-Hoc Charter Review Committee
Regular Meeting Minutes
SUMMARY
FUNDING SOURCE
RECOMMENDATION
Staff recommends the Committee review and approve the Thursday, July 23, 2026 Ad-
Hoc Charter Review Committee Regular Meeting minutes as presented.
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AD HOC CHARTER REVIEW
COMMITTEE
REGULAR MEETING MINUTES
THURSDAY, JULY 23, 2026
CITY HALL – COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
CALL TO ORDER
Chairperson Art Gallo called the Regular Meeting of the Ad Hoc Charter Review Committee to order
Thursday, July 23, 2026 at 5:31 p.m. in the Commission Chambers of the Municipal Building (City Hall,
1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairperson Art Gallo, present
Vice-Chairperson Eddie Rivera, present
Committee Member David Bear, present
Committee Member Joseph Dionne, absent
Committee Member Jean Hovey, present
Committee Member Louie Hilal, present
Committee Member Philip Kaprow, present
Also present:
City Attorney Anthony Garganese
Interim City Clerk Tristin Tarrant
The Committee held a moment of silence followed by the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
100) Not Used
No discussion
INFORMATIONAL AGENDA
200) Not Used
No discussion
PUBLIC INPUT
Chairperson Gallo opened “Public Input”.
Kevin McCann, Winter Springs resident, presented two proposed Charter amendments for the
committee's future consideration.1 Mr. McCann’s first proposed amendment is that a supermajority
vote would be required before the City may sell or transfer city-owned land or conservation easement
entrusted to the city. Second, Mr. McCann proposed the same supermajority requirement before the
City annexes property within the Seminole County rural boundary or extends the city’s water,
1 Attached at the end of these minutes
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CITY OF WINTER SPRINGS, FLORIDA
AD HOC CHARTER REVIEW COMMITTEE
REGULAR MEETING MINUTES – JULY 23, 2026
PAGE 2 OF 5
wastewater, or other urban utility services into that protected area. Mr. McCann cited historic
regional commitments as the basis for these proposals. Mr. McCann noted that the proposed
amendments are not intended to be addressed at the current meeting and encouraged the
committee to follow City Attorney Garganese’ s lead on the scheduled work.
Gina Shafer, Winter Springs resident, encouraged greater public attendance and shared a post she
put out on social media to the committee. Mrs. Shafer additionally requested the committee consider
district-based representation with commissioners elected by district rather than at-large, noting that
the current structure can make it difficult for residents to identify and reach a single accountable
representative. Mrs. Shafer also suggested the committee examine the rule that allows committee
members to simultaneously serve on multiple boards, suggesting it may discourage broader civic
participation.
Linda Freebun, Winter Springs resident, expressed the opposing view, advocating for the elimination
of districts in favor of at-large commissioner elections, arguing that the most pressing City issues
affect the entire city rather than individual districts. Mrs. Freeburn also proposed requiring
mandatory town halls for the mayor and commissioners to improve public engagement and
transparency.
Chairperson Gallo closed “Public Input”.
CONSENT AGENDA
300) Approval of the Minutes: Thursday, June 18, 2026 Ad-Hoc Charter Review Committee
Orientation Meeting Minutes
MOTION TO APPROVE. MOTION MADE BY COMMITTEE MEMBER HOVEY. SECONDED BY
COMMITTEE MEMBER HILAL. DISCUSSION.
VOTE: BEAR (AYE); GALLO (AYE); HILAL (AYE); HOVEY (AYE); KAPROW (AYE); RIVERA (AYE)
PUBLIC HEARINGS AGENDA
400) Not Used
No discussion.
REGULAR AGENDA
500) City Charter Review (Articles 1-4)
Prior to substantive review of the Charter articles, Chairperson Gallo offered opening remarks
establishing committee expectations. The committee reached consensus on the following
operational matters: all discussions shall be conducted with respect and civility; individual speaking
time shall be reasonable; a soft stop of 7:30 PM would be observed at each meeting, with a reminder
by the clerk at 7:20 PM, the committee would then assess whether to continue or adjourn; public input
would be accepted both at the opening and close of each meeting; the committee serves in an
advisory capacity only; and the committee's final report deadline to the City Commission is November
2, 2027, with any proposed referendum being on the of November 7, 2028 ballot. Chairperson Gallo
proposed a few future meeting dates for committee members to review before the August meeting.
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CITY OF WINTER SPRINGS, FLORIDA
AD HOC CHARTER REVIEW COMMITTEE
REGULAR MEETING MINUTES – JULY 23, 2026
PAGE 3 OF 5
Discussion ensued regarding the final report formatting with specific questions being asked on how
votes and minority opinion would be relayed. City Attorney Garganese explained the proposed
changes, direction and votes will be memorialized within the final report . If a motion has three
descending votes, they will be captured and the reason for those votes with be included. Once the
final report is drafted the committee will then approve the draft report for recommendation to the
Commission.
Moving into the review process, City Attorney Garganese presented a comparative worksheet placing
the Winter Springs City Charter alongside the Model City Charter, Ninth Edition, to help guide the
committee's substantive review of Articles I through IV. Chairperson Gallo began requesting the
Committee look at adding a preamble to the city and it was the consensus of the committee that it
would be brought to a later meeting for discussion.
Transitioning into Articles I & II, City Attorney Garganese noted there is no comparable provision in the
Model City Charter for the city’s first two articles. Questions whether the committee might consider
reformatting the early articles to closely mirror the Model City Charter's structure were asked by
Chairperson Gallo. City Attorney Garganese noted that the articles are substantially aligned and
advised that combining or renaming articles could create confusion for the voters. City Attorney
Garganese recalled that the 2010 Charter Review Committee had proposed simplifying Article II:
Territorial Boundaries to reference state law, but that the voters did not approve the change. The
committee agreed to defer any structural editorial discussions to a later time.
During Article II discussion, Committee Member Bear raised the issue of the Seminole County rural
boundary in the context of the earlier public input noting extensive experience with conservation
advocacy in east Seminole County. He explained that the rural boundary functions as a development
line under which the County maintains land use authority even over annexed land and expressed
concern that ongoing legislative efforts in Tallahassee aimed at preempting county home rule over
rural boundaries. Committee Member Bear read ballot language for a Charter amendment the City
of Oviedo recently approved, Ordinance 1774,2 which would require a supermajority vote to approve
any annexation within the Seminole County rural boundary as reference and for consideration.
Committee Member Bear expressed strong support for Winter Springs adopting a comparable
provision and suggested it could be incorporated into Article 2.03 on annexation procedures,
potentially alongside Mayor McCann's proposal regarding utility extensions.
Committee Member Kaprow questioned whether the Charter could be written to require a public
referendum rather than only a supermajority vote before annexation into the rural boundary could
occur. Arguing that placing the decision directly with voters would be more resilient against state
legislative preemption. Vice-Chairperson Rivera asked for clarification on the current requirements
the city needs to follow when annexing or changing the density within the rural boundary. City
Attorney Garganese responded that the County’s comprehensive plan and zoning code would need
to be followed. The committee reached consensus to place both the rural boundary annexation issue
and the Charter preamble discussion on the August meeting agenda. City Attorney Garganese stated
he was confident that imposing a supermajority requirement on itself was within the city's authority
but noted the referendum question would require additional legal research.
Moving on to Article III: Powers of the City, City Attorney Garganese explained that Winter Springs
Section 3.01 closely mirrors Model City Charter Section 1.01, with an additional subparagraph (b)
preserving broad municipal home rule authority specific to Florida law. He noted that Model City
Charter Sections 1.02 (Construction) and 1.03 (Intergovernmental Relations) were not necessary in the
2 Attached at the end of these minutes
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CITY OF WINTER SPRINGS, FLORIDA
AD HOC CHARTER REVIEW COMMITTEE
REGULAR MEETING MINUTES – JULY 23, 2026
PAGE 4 OF 5
Winter Springs Charter because the home rule provision and Florida's Interlocal Cooperation Act
already address those subjects.
Chairperson Gallo proposed adding language to Section 3.01 that clarified all city powers are vested
in the commission as the governing body to include the mayor. City Attorney Garganese
recommended that discussion be deferred to Article IV, as Section 3.01 is intended to broadly
encompass all city powers—administrative, executive, and legislative—not just those of the governing
body, and inserting such language could inadvertently limit the city's powers.
MOVE TO KEEP ARTICLE III AS IS. MOTION MADE BY COMMITTEE MEMBER KAPROW. SECONDED
BY COMMITTEE MEMBER HOVEY. DISCUSSION.
VOTE: BEAR (AYE); GALLO (AYE); HILAL (AYE); HOVEY (AYE); KAPROW (AYE); RIVERA (AYE)
City Attorney Garganese introduced Article IV and noted a key structural difference that the Model
City Charter only references a city council while Winter Springs has a governing body. Explaining that
under the existing Charter, the Mayor is a member of the governing body but not of the Commission
and holds no regular vote. The mayor may break a tie, retains veto authority over ordinances subject
to a supermajority override, and serves as presiding officer.
The committee engaged in substantial discussion on the composition and role of the mayor.
Committee Member Hovey, as former Commissioner, expressed openness to examining models
where the mayor is either elected voting member of the commission or is chosen among the elected
commissioners. Committee Member Kaprow argued in favor of retaining the current structure,
describing the mayor's role as analogous to a checks-and-balance executive and cautioned that a
voting mayor who is also beholden to the commission, could create adversarial dynamics with city
staff.
Mayor Kevin McCann, invited by the committee to offer his perspective, stated his opposition to two
structural changes: a rotating mayoral model, which he argued compromises the steadiness of
intergovernmental relationships essential to the position; and any expansion of mayoral authority
toward a strong-mayor model. Mayor McCann described the present arrangement as providing useful
independence, allowing him to serve as a liaison between t he commission and city staff the ethical
conflict that would arise from being both a voting member and an active administrator. Brief
discussion followed on the change in structure if the mayoral positions became a seat holding a vote
from questions ask by Committee Member Rivera. Committee Member Hilal expressed the desire to
know the Mayor’s stance on issues through a clear voting record and questioned whether the ability
to veto and break ties holds a disproportionate influence on the mayor. Mayor McCann and some
Committee members expressed a difference in opinion to Committee Member Hilal’s view.
The committee determined that the composition of the governing body, including the question of
mayoral voting rights, district versus at-large elections, and related structural matters, requires
dedicated discussion at the next meeting. It was agreed that the full Article IV governing body
discussion would continue at the August meeting and would likely extend beyond a single session.
Brief discussion ensued on when the preamble and rural boundary discussion would return and it
was decided those would stay flexible depending on how the August meeting went. The committee
further requested that staff post notice on the City's website and social media platforms informing
the public of the topics that would be discussed at the next meeting and encouraging public input.
PUBLIC INPUT
Chairperson Gallo opened “Public Input.”
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CITY OF WINTER SPRINGS, FLORIDA
AD HOC CHARTER REVIEW COMMITTEE
REGULAR MEETING MINUTES – JULY 23, 2026
PAGE 5 OF 5
Gina Shafer, Winter Springs resident, reiterated her concern that many residents feel disengaged
from local government and expressed general support for reconsidering the current governing
structure, while cautioning against assuming the existing approach is always superior to
alternatives used by other cities.
Committee Member Kaprow requested that the committee consider inviting the Florida legislative
representative who had previously proposed changes to the mayoral structure to attend the next
meeting to answer questions.
Kevin McCann, Winter Springs resident, noted that he believes his position is clearly vocalized on
every matter that comes before the Commission, even without a formal vote. He then shared, per a
quick reference search, approximately 85 Florida cities sharing the current Winter Springs mayoral
model in response to the committee’s pervious inquiry.
Chairperson Gallo closed “Public Input.”
ADJOURNMENT
Chairperson Gallo adjourned the meeting at 7:52 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
TRISTIN TARRANT
INTERIM CITY CLERK
NOTE: These Minutes were approved at the August 20, 2026 Ad Hoc Charter Review Committee Regular Meeting.
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July 2026 1
PROPOSAL TO PROTECT PUBLIC LAND
AND THE RURAL BOUNDARY
Submitted to the Winter Springs Charter Review Committee
Two proposed Charter safeguards:
1. Supermajority protection for City real estate and conservation interests
2. Supermajority approval for annexation of Rural Boundary land or the extension of City water,
wastewater, or other urban utility services to serve property within that area
Prepared by Mayor Kevin McCann
July 2026
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July 2026 2
Executive Summary
I respectfully request that the Charter Review Committee recommend two separate amendments to
the City Charter. The first would require four affirmative votes before the City may dispose of City
owned real property or release or materially weaken a conservation easement or similar preservation
interest. The second would require four affirmative votes before the City may annex property located
wholly or partially within the Seminole County Rural Area or extend City water, wastewater, or other
urban utility services to serve property within that area.
These proposals would not prohibit future action. They would require broader agreement before the
City makes decisions that may be permanent, difficult to reverse, and consequential for future
generations.
Public mandate
At the November 2024 election, approximately 84 percent of Seminole County voters supported
supermajority protection for County Natural Lands, and approximately 82 percent supported
supermajority protection for the County Rural Area. More than four out of every five voters supported
each measure.
1. Purpose and Requested Charter Safeguards
1. Require a supermajority vote before the City may sell, convey, transfer, exchange, donate, or
otherwise dispose of City owned real property, or release, extinguish, relocate, subordinate, or
materially weaken a conservation easement or similar land preservation interest held or controlled
by the City.
2. Require a supermajority vote before the City may annex property located wholly or partially within
the Seminole County Rural Area or extend City water, wastewater, or other urban utility services
to serve property within that area.
For both amendments, “supermajority” should mean the affirmative vote of at least four of the five
members of the City Commission who are entitled to vote.
2. Why These Decisions Deserve a Higher Threshold
Some governmental decisions are routine and appropriately decided by a simple majority. The
permanent sale of public land, the release of a conservation easement, the annexation of Rural
Boundary property, and the extension of urban utility services into the Rural Boundary are not routine
decisions. They may permanently affect community character, environmental resources,
infrastructure, traffic, public finances, and the expectations of residents who relied upon earlier public
commitments.
A four vote requirement preserves the ability to act when circumstances justify it, but prevents a
lasting decision from being made by the narrowest possible three to two majority.
3. Protection of City Real Property and Conservation Interests
City owned real estate is held for the benefit of the public. Parks, open space, conservation property,
stormwater property, public facilities, and other City assets may have been acquired through taxpayer
funding, grants, donations, development agreements, or long term community planning.
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Conservation easements deserve particular protection because their purpose is to preserve land and
environmental resources over time. Once a conservation easement is released or materially
weakened, the conservation value and public expectations attached to it may never be recovered.
The Former Winter Springs Golf Course
The former Winter Springs Golf Course is an important example. Although the City does not own the
underlying golf course property, it holds a perpetual conservation easement over much of the
property. The easement was originally granted in 1984 and later amended. Previous City actions have
recognized the easement as being of significant public importance to Winter Springs and its residents.
An interest of this magnitude should not be released, extinguished, relocated, subordinated, or
materially reduced through a narrow three to two vote. A supermajority requirement would help
ensure careful review, full public notice, and broad agreement before any permanent change is made.
4. Protection of the Seminole County Rural Boundary
The Seminole County Rural Boundary reflects a decades long public commitment to protect the
eastern rural area from incompatible urbanization. County voters placed Rural Area protections in the
County Charter in 2004 and strengthened them in 2024 by requiring four of five County
Commissioners to remove property from the Rural Area.
In November 2024, approximately 82 percent of voters approved the Rural Area supermajority
requirement. The companion Natural Lands amendment received approximately 84 percent support.
These overwhelming margins demonstrate broad countywide agreement that protected land should
not be altered without substantial consensus.
Historical Intergovernmental Commitments
Winter Springs also has a longstanding history of recognizing the need to protect the eastern rural
area. During the 1998 Battle Ridge litigation and settlement process, Winter Springs, Oviedo,
Seminole County, property owners, and other parties negotiated protections for a defined eastern
area. Official City records describe a proposed settlement area “where no one will annex.” The
negotiations also contemplated restrictions on development and the extension of urban services
without intergovernmental agreement.
The available record should not presently be characterized as proof of a permanent, general three
party memorandum of understanding prohibiting every annexation within the modern Rural Boundary.
Winter Springs records indicate that the City sought broader joint planning protections, while Oviedo
later proceeded with a separate agreement involving Seminole County. The final executed settlement,
maps, amendments, and related agreements should therefore be obtained and reviewed by the City
Attorney.
Even with that legal qualification, the historical record clearly demonstrates a longstanding regional
recognition that the eastern rural area deserved meaningful protection and that annexation and urban
services should not be extended into it without broad agreement.
Existing Winter Springs Policy
Winter Springs later formalized its own commitment. In 2006, the City adopted a policy prohibiting
voluntary and involuntary annexations east of DeLeon Street. The restriction was also incorporated
into the City Comprehensive Plan. City planning records state that the policy was intended to protect
the rural and environmentally sensitive Black Hammock area from future urbanization.
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The proposed Charter amendment would elevate and strengthen that existing policy. It would help
prevent a future Commission from first weakening an ordinance or Comprehensive Plan policy and
then approving an annexation or extending urban utility services through a narrow three to two vote.
Extending City water or wastewater service to property within the Rural Boundary can have much the
same practical effect as annexation because it makes higher density and more intensive development
possible. Annexation and the extension of urban utility services should therefore require the same
broad agreement. The amendment would also apply to Rural Area property that may not be captured
solely by the DeLeon Street line.
5. Proposed Charter Amendment One
Protection of City Real Property and Conservation Interests
The following language is offered as a starting point for review and final drafting by the City Attorney:
Section ____. Disposition of City Real Property and Conservation Interests
A. Supermajority required. The City shall not sell, convey, exchange, donate, transfer, or otherwise
dispose of any real property or material interest in real property owned by the City without the affirmative
vote of at least four fifths of the full authorized voting membership of the City Commission.
B. Conservation interests. The City shall not release, extinguish, terminate, materially amend, materially
relocate, subordinate, or otherwise materially reduce any conservation easement, preservation
easement, restrictive covenant, or similar land preservation interest held or controlled by the City without
the affirmative vote of at least four fifths of the full authorized voting membership of the City
Commission.
C. Public finding. Before taking an action governed by this section, the City Commission shall make a
written finding explaining why the action serves a substantial public purpose and why the property or
conservation interest is no longer required in its existing form.
D. Implementing ordinance. The City Commission may adopt an ordinance establishing procedures for
appraisals, environmental review, public notice, and public hearings. Any exception for routine utility,
drainage, access, right of way, title correction, or temporary construction instruments must be narrowly
defined and may not materially impair the public use, conservation value, recreational value, or
economic value of the affected property.
E. Construction. This section shall be interpreted broadly to protect the public’s interest in City property
and land preservation interests, to the fullest extent permitted by law.
Proposed Ballot Summary for Amendment One
SUPERMAJORITY APPROVAL FOR DISPOSITION OF CITY LAND AND CONSERVATION
EASEMENTS
Shall the City Charter be amended to require at least four affirmative votes of the five City
Commissioners before the City may sell, convey, exchange, donate, or otherwise dispose of City owned
real property, or release, extinguish, or materially reduce a conservation easement or similar land
preservation interest held or controlled by the City, subject to limited exceptions for routine instruments
that do not materially impair the property?
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6. Proposed Charter Amendment Two
Annexation and Extension of Utilities within the Seminole County Rural Area
The following language is offered as a starting point for review and final drafting by the City Attorney:
Section ____. Annexation and Extension of Utilities within the Seminole County Rural Area
A. Supermajority required for annexation. No ordinance, resolution, interlocal agreement, request,
consent, or other action of the City Commission that would annex or cause the annexation into the
City of any property located wholly or partially within the Seminole County Rural Area shall be
approved without the affirmative vote of at least four fifths of the full authorized voting membership
of the City Commission.
B. Supermajority required for extension of utilities. No ordinance, resolution, interlocal agreement,
utility service agreement, capital improvement, expenditure, request, consent, approval, or other
action of the City Commission that would extend, authorize, approve, or provide City water,
wastewater, or other urban utility services to serve property located wholly or partially within the
Seminole County Rural Area shall be approved without the affirmative vote of at least four fifths of
the full authorized voting membership of the City Commission.
C. Rural Area defined. For purposes of this section, the Seminole County Rural Area means the
property located within the Rural Area and Rural Boundary established by Section 5.2 of the
Seminole County Home Rule Charter and depicted in the official map and legal description in effect
on the effective date of this section. The definition shall also include property subsequently added
to or included within the Rural Area.
D. Application. The annexation requirement shall apply to voluntary annexations, involuntary
annexations, annexations accomplished through interlocal agreements, and any City sponsored or
City supported special act or other annexation mechanism, to the fullest extent permitted by law.
The utility requirement shall apply regardless of whether the property is annexed and regardless of
the mechanism used to authorize, finance, construct, connect, or provide the service.
E. Purpose. The extension of urban utility services can enable higher density or more intensive
development and may have substantially the same practical effect as annexation. This section is
intended to ensure that neither annexation nor the extension of urban utility services into the Rural
Area occurs without broad agreement.
F. Other legal requirements. Nothing in this section independently changes the zoning, future land
use designation, density, intensity, development rights, or regulatory authority applicable to any
property. All annexations and utility extensions remain subject to state law, the Seminole County
Home Rule Charter, and other applicable legal requirements.
A. Supermajority required. No ordinance, resolution, interlocal agreement, request, consent, or other
action of the City Commission that would annex or cause the annexation into the City of any property
located wholly or partially within the Seminole County Rural Area shall be approved without the
affirmative vote of at least four fifths of the full authorized voting membership of the City Commission.
B. Rural Area defined. For purposes of this section, the Seminole County Rural Area means the property
located within the Rural Area and Rural Boundary established by Section 5.2 of the Seminole County
Home Rule Charter and depicted in the official map and legal description in effect on the effective date
of this section. The definition shall also include property subsequently added to or included within the
Rural Area.
C. Application. This requirement shall apply to voluntary annexations, involuntary annexations,
annexations accomplished through interlocal agreements, and any City sponsored or City supported
special act or other annexation mechanism, to the fullest extent permitted by law.
D. Other legal requirements. Nothing in this section independently changes the zoning, future land use
designation, density, intensity, development rights, or regulatory authority applicable to any property. All
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annexations remain subject to state law, the Seminole County Home Rule Charter, and other applicable
legal requirements.
Proposed Ballot Summary for Amendment Two
SUPERMAJORITY APPROVAL FOR ANNEXATION OR EXTENSION OF UTILITIES WITHIN THE
RURAL BOUNDARY
Shall the City Charter be amended to require at least four affirmative votes of the five City
Commissioners before the City may annex land located wholly or partly within the Seminole County
Rural Area, or extend City water, wastewater, or other urban utility services to serve property within
that area, while leaving other annexations and utility decisions subject to existing voting
requirements and applicable law?
Shall the City Charter be amended to require at least four affirmative votes of the five City
Commissioners before the City may annex any land located wholly or partly within the Seminole County
Rural Area as it existed on the amendment’s effective date, including land later added to that area, while
leaving other annexations subject to existing voting requirements and all annexations subject to
applicable law?
7. Why the Measures Should Be Separate Ballot Questions
The two proposals address distinct governmental decisions:
• The disposition of City real estate and conservation interests.
• The annexation of property within the Seminole County Rural Area and the extension of City
water, wastewater, or other urban utility services to serve property within that area.
Separate questions would allow residents to evaluate and vote on each protection independently.
They would also reduce the risk that disagreement with one proposal could affect the other.
8. Supporting Document Request
Before final Charter language is recommended, the Committee should request that the City Attorney
and City Clerk locate and review:
• The final executed Recommendations, Stipulations and Settlement Agreement associated with the
Battle Ridge proceedings.
• DOAH Case Nos. 98-3788GM, 98-3789GM, and 98-3790GM.
• The November 1998 revisions and the map identified as Exhibit C.
• Any subsequent amendments, court orders, interlocal agreements, joint planning agreements, or
Comprehensive Plan provisions implementing or superseding those commitments.
• The current legal descriptions and maps defining the Seminole County Rural Area and the City’s
DeLeon Street annexation restriction.
This review should determine the precise legal status and continuing effect of the historical
commitments and ensure that the proposed Charter language is consistent with applicable state law
and the County Charter.
9. Requested Committee Action
1. Discuss both proposed protections at a public meeting.
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2. Receive legal guidance from the City Attorney regarding Charter placement, definitions,
exceptions, legal descriptions, and compliance with state law.
3. Recommend two separate Charter amendments to the City Commission.
4. Recommend that, after appropriate legal and public review, the City Commission submit both
amendments to the voters of Winter Springs.
10. Conclusion
Requiring four affirmative votes does not prevent the City from acting. It simply requires a higher level
of agreement before the City makes a decision that future residents may not be able to reverse.
These protections would help safeguard public land, conservation interests, the former Winter Springs
Golf Course conservation easement, the Seminole County Rural Boundary, and the longstanding
commitments made to the residents of Winter Springs. They would ensure that neither annexation nor
the extension of urban utility services could be used to open Rural Boundary land to higher density
development without broad agreement. They would place lasting safeguards in the Charter rather
than leaving them dependent upon the composition of a future Commission.
Legal Drafting Note
This proposal is intended for policy discussion. The City Attorney should prepare or approve all final
Charter text, ballot titles, ballot summaries, definitions, exceptions, and implementing provisions. The
City Attorney should also confirm applicable statutory ballot word limits and election procedures
before either measure is placed before voters.
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Selected Supporting Records
Seminole County: Home Rule Approved
Seminole County Supervisor of Elections: 2024 General Election Results
Winter Springs Ordinance 2006-02: Annexations East of DeLeon Street Prohibited
Winter Springs records concerning annexation into the East Rural Area
Winter Springs 1998 Special Meeting records concerning Battle Ridge negotiations
Winter Springs 1999 records concerning proposed joint planning protections
Note: The election percentages are rounded to the nearest whole percent for public communication. Final presentation material s
may include exact certified percentages if desired.
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Agenda Memorandum
To:Honorable Mayor and City Council Members
Prepared By:Wade Vose, City Attorney
Bryan Cobb, City Manager
From:Bryan Cobb, City Manager
Date:July 20, 2026
Subject:Ordinance No. 1774, City Charter Amendment – Annexation
Procedure:Call Up Item
Presiding Officer Asks Attorney to Read Ordinance by Title Only
City Manager Background
Public Hearing
Council Motion and Discussion
Council Action
Introduction: This is a request for the City Council to approve an ordinance calling for a
referendum on a charter amendment to require four (4) affirmative votes of the City Council to
adopt an ordinance annexing land into the City limits that lies within the Seminole County
Charter’s Rural Area as it existed on July 4 2026.
Discussion: At its July 6, 2026, meeting, City Council read Ordinance No. 1774 by title only and
scheduled a public hearing for July 20, 2026.
City Charter Amendment Requiring Four (4) Affirmative Votes of the City Council to Adopt an
Ordinance Annexing Land Lying within the Seminole County Charter Rural Area: The ordinance
provides for the following revision to City Charter Section 2.02 – Annexation upon approval at
referendum, and the following ballot language for such charter amendment.
Ballot Language: The ballot title and summary for this amendment are as follows:
CITY CHARTER AMENDMENT REQUIRING
SUPERMAJORITY CITY COUNCIL VOTE TO
APPROVE CERTAIN ANNEXATIONS
Shall the Oviedo City Charter be amended to require that any
ordinance annexing into the City limits any land lying within the
Seminole County Charter’s Rural Area as it existed on July 4, 2026,
must be approved by an affirmative vote of at least four (4) of the
five (5) members of the City Council?
____ Yes
____ No
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Honorable Mayor and City Council Members
July 20, 2026
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Text Revisions: Upon approval of this question at referendum, Section 2.02 of the Oviedo City
Charter will be amended to read as follows. Additions are shown in blue underline. Deletions are
shown in red strike-through.
Sec. 2.02. - Annexation.
The territorial boundaries of the City of Oviedo may be extended as provided by
F.S. ch. 171 or as provided by General Acts, Laws of Florida. Any ordinance
annexing real property lying within the Seminole County Charter’s Rural Area as it
existed on July 4, 2026, into the territorial boundaries of the City of Oviedo must
be approved by an affirmative vote of not less than four (4) members of the City
Council.
The schedule to have the voters consider the recommended Charter revision as part of the
November 3, 2026 general election is as follows:
July 6th: First reading of Ordinance.
July 20th: Second reading of Ordinance and Public Hearing
July 21st: Deadline to submit ballot language to Supervisor of Elections
November 3rd: General Election
Staff received correspondence from Charter Review Committee members regarding the
proposed charter amendment which is provided in Attachment 3.
Budget Impact: There is no budget impact associated with approval of the ordinance and
recommended revisions to the City’s Charter.
Strategic Impact: Review of the City’s Charter is consistent with the Goals, Objectives, and
Strategies of the High-Performance Government Strategic Focus Area.
Business Impact Estimate: A Business Impact Estimate form is provided in Attachment 1.
Recommendation: It is recommended that City Council read Ordinance No. 1774 by title only and
conduct a public hearing and adopt Ordinance No. 1774.
Attachment(s):1. Business Impact Estimate
2. Presentation
3. Correspondence
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ORDINANCE NO. 1774
AN ORDINANCE OF THE CITY OF OVIEDO, FLORIDA, PROPOSING AN
AMENDMENT TO THE CHARTER OF THE CITY OF OVIEDO, FLORIDA; PROPOSING
A CHARTER AMENDMENT REQUIRING A SUPERMAJORITY CITY COUNCIL VOTE
TO APPROVE CERTAIN ANNEXATIONS; PROVIDING FOR A REFERENDUM ON THE
PROPOSED CHARTER AMENDMENT; PROVIDING FOR THE BALLOT TITLE AND
BALLOT SUMMARY FOR SUCH REFERENDUM; PROVIDING FOR DIRECTION TO
THE CITY CLERK AND COORDINATION WITH THE SEMINOLE COUNTY
SUPERVISOR OF ELECTIONS; AND PROVIDING FOR IMPLEMENTING
ADMINISTRATIVE ACTIONS, FINDINGS, CONFLICTS, SEVERABILITY,
CODIFICATION, THE CORRECTION OF SCRIVENER'S ERRORS, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to the City Council’s authority under Section 166.031, Florida
Statutes, the City Council hereby proposes the following changes to the City’s Charter, subject to
and expressly conditioned upon approval by referendum of the voters of the City of Oviedo.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF OVIEDO,
FLORIDA, AS FOLLOWS:
SECTION 1.Legislative Findings and Intent. The City Council of the City of Oviedo
hereby adopts and incorporates into this Ordinance the recitals (whereas clauses) to this
Ordinance and the City staff reports relating to this Ordinance as the legislative findings and
intent of the City Council.
SECTION 2.Proposed Charter Amendment. The amendment to the Charter for the City
of Oviedo, Florida, which is appended and attached as Exhibit “A” to this Ordinance is hereby
adopted by reference by the City Council to be submitted to the electors of the City of Oviedo for
referendum.
SECTION 3.Referendum Election Called. A referendum on the proposed adoption of
the Charter amendment appended hereto and adopted by reference as Exhibit “A” to this
Ordinance shall be submitted to a vote of electors of the City at a referendum election to be held
in the City of Oviedo on November 3, 2026. The ballot title and ballot summary for the proposed
Charter amendment are as set forth in Exhibit “A”. The Charter amendment shall be effective
upon approval of its corresponding ballot question in such referendum by a majority of the
electors voting in such referendum.
SECTION 4.Directions to City Clerk and Coordination with Supervisor of Elections. The
City Clerk is hereby authorized and directed to coordinate with the Seminole County Supervisor
of Elections to include the ballot question attached hereto as Exhibit “A” on the ballot of the
General Election to be held in the City of Oviedo on November 3, 2026. The City Clerk is directed
to see to the satisfaction of the requirements of Section 100.342, Florida Statutes, which provides
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Ordinance No. 1774
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that “there shall be at least 30 days’ notice of the election or referendum by publication in a
newspaper of general circulation in the… municipality…. The publication 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
or referendum is to be held.”
SECTION 5.Implementing Administrative Actions. The City Manager, City Clerk, and
City Attorney are hereby authorized and directed to take such actions as they may deem
necessary and appropriate in order to implement the provisions of this Ordinance. The City
Manager may, as deemed appropriate, necessary and convenient, delegate the powers of
implementation as herein set forth to such City employees as deemed effectual and prudent.
SECTION 6.Codification. Upon approval of its corresponding ballot question at the
referendum called by a majority of the electors voting in such referendum, the Charter
amendment referenced in Section 2 of this Ordinance shall be codified in the Charter of the City
of Oviedo, Florida, and all other sections shall not be codified. The Sections of this Ordinance may
be renumbered or re-lettered to accomplish such intention and the word “Ordinance”, or similar
words, may be changed to “Section,” “Article” or other appropriate word.
SECTION 7.Scrivener’s Errors. Typographical errors and other matters of a similar
nature that do not affect the intent of this Ordinance, as determined by the City Clerk and City
Attorney, may be corrected with the endorsement of the City Manager, or designee, without the
need for a public hearing.
SECTION 8.Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are, to the extent of the conflict, hereby repealed.
SECTION 9. Severability. If any section, sentence, phrase, word, or portion of this
Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not
be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
SECTION 10.Effective Date. This Ordinance shall take effect immediately upon
adoption.
FIRST READING: July 6, 2026
SECOND READING: July 20, 2026
PASSED AND ADOPTED this 20th day of July, 2026.
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Ordinance No. 1774
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__________________________________________
MEGAN SLADEK
MAYOR of the City of Oviedo, Florida
ATTEST:
_____________________________
ELIANNE RIVERA
CITY CLERK
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Ordinance No. 1774
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Ordinance No. 1774
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Exhibit “A”
A. Ballot Proposal: The ballot title and summary for this question are as follows:
CITY CHARTER AMENDMENT REQUIRING
SUPERMAJORITY CITY COUNCIL VOTE TO
APPROVE CERTAIN ANNEXATIONS
Shall the Oviedo City Charter be amended to require that any
ordinance annexing into the City limits any land lying within the
Seminole County Charter’s Rural Area as it existed on July 4, 2026,
must be approved by an affirmative vote of at least four (4) of the
five (5) members of the City Council?
____ Yes
____ No
B. Text Revisions: Upon approval of this question at referendum, the following portions of
the Oviedo City Charter are amended to read as follows:
Sec. 2.02. Annexation.
The territorial boundaries of the City of Oviedo may be extended as provided by F.S. ch. 171 or
as provided by General Acts, Laws of Florida. Any ordinance annexing real property lying within
the Seminole County Charter’s Rural Area as it existed on July 4, 2026, into the territorial
boundaries of the City of Oviedo must be approved by an affirmative vote of not less than four (4)
members of the City Council.
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REGULAR AGENDA ITEM 200
AD HOC CHARTER REVIEW COMMITTEE AGENDA | AUGUST 20, 2026
REGULAR MEETING
TITLE
Third Committee Meeting: Continue Discussion on City Charter Review (Articles 1-4)
SUMMARY
FUNDING SOURCE
RECOMMENDATION
Pursuant to Resolution No. 2026-03, the Charter Review Committee was established to
conduct a comprehensive review of the existing City Charter for the primary purpose of:
(1) The Committee shall evaluate and make a recommendation on whether the
provisions of the City Charter need to be amended to align with applicable state and
federal law, and whether the provisions of the City Charter are substantially consistent
with the Model City Charter, 9th Edition, published by the National Civic League, and if
not, whether the City Charter should be amended to be substantially consistent with
the Model City Charter, 9th Edition or remain the same.
(2) The Committee shall evaluate and make recommendations on matters that may be
specifically identified and referred to by the Committee by the City Commission.
(3) The Committee shall also be free to propose any amendments to the City Charter
that are not addressed in subparagraphs (2) and (3) above.
PREVIOUS COMMITTEE MEETINGS
June 18, 2026 - Orientation
July 23, 2026 - Articles I-IV
At the July 23, 2026 Committee meeting, the Committee commenced review of Articles
I through IV of the City Charter in accordance with the Task (1) assigned by the
Commission. During initial discussions, the Committee recognized that the Committee's
review of these Articles will occur in multiple meetings because of the substantive
nature of these Articles especially Articles III and IV.
The Committee discussed Articles I and II, and several possible changes to Article II were
discussed regarding the Seminole County rural boundary which warrants additional
research and further discussion at future Committee meetings. The existing Seminole
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County Charter and proposed city of Oviedo referendum were also discussed.
Additionally, the concept of providing similar protection of conservation and natural
lands within the city of Winter Springs City Charter was also discussed and further
discussion on the topic will occur at future Committee meetings.
The Committee also began discussing Article III and the position and role of the Mayor
and City Commission. Due to the significance and importance of this subject matter, the
Committee agreed to resume that discussion at this meeting.
For convenience, the Worksheets previously provided at the July meeting are provided
again to assist the Committee with Task (1). More specifically, the City Attorney
prepared the attached Worksheet comparing the existing City Charter and the Model
City Charter 9th Edition in a side-by-side format. The corresponding commentary from
the Model City Charter is also stated in the worksheet under the applicable section and
highlighted in yellow. The Commentaries are not part of the Model City Charter, but are
committee notes providing insight into the reasoning behind the Model Charter
provision.
In addition, because the governing body is addressed in the initial four articles of City
Charter, the City Attorney also prepared the attached Comparison Table comparing the
Winter Springs Governing Body with the governing body of the comparable cities which
were referenced by Lynn Tipton of the Florida League of Cities during the orientation
meeting. The Comparison Table compares key attributes of each cities governing body
which are typically addressed in the formation of a governing body.
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City of Winter Springs
2026 Ad Hoc Charter Review Committee
Comparison Worksheets
Articles I-IV
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE I. CORPORATE NAME
Section 1.01. Corporate Name. The municipality hereby established shall be known
as the City of Winter Springs, Florida.
ARTICLE II. TERRITORIAL BOUNDARIES
Section 2.01. Territorial Boundaries.
Editor's note - A metes and bounds description of the territorial boundaries of the
City of Winter Springs, Florida is presented in Appendix "A."
Section 2.02. Property added by annexation since 1972. All property annexed to the
City of Winter Springs, Florida, since the adoption of the Char ter of 1972.
Editor's note - A listing of ordinances annexing property to the city is maintained at
the end of Appendix A.
Section 2.03. Annexation procedure. The commission of the City of Winter
Springs, Florida, may propose by ordinance to annex an
area of contiguous, compact, unincorporated land to the territorial limits of the
municip ality; or upon petition by all landowners of real property
which is contiguous, reasonably compact and un -incorporated, the City of Winter
Springs, may annex said land to the territorial limits of the
municipality by ordinance. The procedure to be followed in the annexation of
territory shall be as set forth in Chapter 171, Florida Statutes as it now exists or as
it may be renumbered or amended.
[No comparable Model Charter provision]
[No comparable Model Charter provision]
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE III. POWERS OF THE CITY
Section 3.01. Generally.
(a) The city shall have all powers possible for a city to have under the constitution
and laws of this State as fully and completely as though they were specifically
enumerated in this Charter.
(b) Without limiting the broad powers outlined in subsection (a) above, and as
provided in Article VIII, Section 2(b) of the State Constitution, the City of
Winter Springs shall have the governmental, corporate and proprietary powers
to enable the city to conduct municipal government, perform municipal
functions and render municipal services and may exercise any power for
municipal purposes except when expressly prohibited by law.
ARTICLE I. POWERS OF THE CITY
Section 1.01. Powers of the City. 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.
*Commentary below.
The commentaries in the Model City Charter will be highlighted in yellow. Commentaries generally explain the reasoning behind the app licable model
charter provision. Commentaries are not intended to be incorporated into a city charter.
Introduction: A charter should begin by defining the scope of the city's powers. It should address the context in which such powers operate, including the
effect of state law and the desirability of cooperation with other localities.
Commentary. The city should lay claim to all powers it may legally exercise under the state's constitution and laws.
Nevertheless, some cities, particularly smaller ones, may not wish to exercise all available powers. Cities may restrict their own power: (1) by specific provisions
in the appropriate parts of the charter; (2) by ordinance, since the section does not require that all the powers claimed be exercised; or (3) by inaction—
i,e., failure to exercise powers. The powers of the city may also be limited by state or federal court decisions.
This section ensures that the city claims the entirety of the grant of authority available to it from the state. Through this means, the charter is restricted from
embracing less in its terms than the constitutional home rule grant allows or from containing an inadvertent omission or ambiguity that could open the door to
restrictive judicial interpretation. This is the most that the charter can do as the extent of the powers available to the city will depend on the state's constitution and
statutes and judicial decisions.
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The general powers provision of a charter must be tailored to the law of each state. The courts of some states do not give effect to a charter statement of powers
expressed in general terms. Instead, they require that the charter enumerate all of the powers claimed. The words "as fully and completely as though they were
specifically enumerated in this charter," at the end of § 1.01, cannot be used in a charter in a state that requires the enumeration of powers.
Charter drafters should carefully study their state's law on local government powers before using this Model provision. To reduce the likelihood of restrictive
judicial interpretation, a section like §1.02 below should accompany this section. Questions of restrictive court interpretation aside, and assuming that a state's
law does not require an enumeration, this section may be utilized effectively under any of the existing types of home rule grant, as well as that of the Model State
Constitution (6th Edition, 1968) published by the National Municipal League. It may be used regardless of whether the home rule grant appears in a
constitution, optional charter law, or other general enabling act.
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Winter Springs City Charter Model City Charter, 9th Edition
Not necessary – governed by State Law
• Florida Municipal Home Rule Powers Act and corresponding
reference set forth in s. 3.01(b), Winter Springs Charter
Not necessary – governed by State Law
• Florida Interlocal Cooperation Act of 1969
ARTICLE I. POWERS OF THE CITY
Section 1.02. Construction. The powers of the city under this charter shall
be construed liberally in favor of the city, and the specific mention of
particular powers in the charter shall not be construed as limiting in any
way the general power granted in this article.
Section 1.03. Intergovernmental Relations. The city may participate by
contract or otherwise with any governmental entity of this state or any other
state or states or the United States in the performance of any activity which
one or more of such en tities has the authority to undertake.
*Commentary Below
* Section 1.02. Construction.
Commentary. A charter should encourage courts to interpret the powers of the city as broadly as possible. Such a provision discourages a restrictive interpretation
of the general powers statement in § 1.01. If the charter enumerates powers, this section may prevent courts from interpretin g the list of specific powers as
evidencing intent to exclude other or broader powers.
* Section 1.03. Intergovernmental Relations.
Commentary. This section empowers the city to participate in intergovernmental relationships—to receive assistance from the federal, state, and other local
governments, to be represented in regional agencies established under federal or state law or intergovernmental agreements, a nd to perform jointly with any
other governmental jurisdiction any function which any of the participating jurisdictions may perform alone.
The nature of intergovernmental relations is rapidly changing. Most cities are an integra l part of a region. In that regard, engaging in cooperative
intergovernmental relations is fundamental to the effective functioning of a city and the region of which it is a part. Altho ugh the purpose of engaging in
intergovernmental relations is primarily to further the ends of the city, the health of the region should also be of concern to the city.
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Superior state statutes (such as a general powers provision), which cannot be altered by a charter provision, may govern an i ntergovernmental relations
provision. States may enact these on an ad hoc basis, each dealing with a particular project, program, or regional or metropolita n agency. With
intergovernmental agreements becoming more common, states may have general intergovernmental authorizing statutes or constitu tional provisions.
For example, New Hampshire state law provides: N.H.R.S. Title 3, Chapter 53-A:1 Agreements between government units.
Purpose. – It is the purpose of this chapter to permit municipalities and counties to make the most efficient u se of their powers by enabling them to
cooperate with other municipalities and counties on a basis of mutual advantage and thereby to provide services and facilitie s in a manner and pursuant
to forms of governmental organization that will accord best with geographic, economic, population, and other factors influenc ing the needs and
development of local communities.
If states have neither specific nor general authorization, charter drafters should look for court opinions on intergovernment al agreements in the state. Courts may
provide guidance on the extent of a city’s power to cooperate with other governments in the absence of enabling state legisla tion. Specific legislation on
intergovernmental agreements often involves political questions and considerations of state constitutional and statutory limi tations on cities’ financial and
borrowing powers. In joint federal-municipal projects involving substantial sums, state legislative control over municipal powers, coupled with restrictive
judicial doctrines, may require specific state legislative approval.
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY
Section 4.01. Composition; qualification of members; and commission districts.
(a) Composition . There shall be a governing body composed of the mayor and five (5)
commission members elected by the voters of the city as provided in this Charter. 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. Each candidate seeking the office of city commissioner or mayor or any other
elective office of the city shall file a petition signed by fifteen (15) registered voters of the city with
the city clerk. Each candidate seeking the office of city commissioner or mayor or any other
elective office of the city shall have resided in the city one (1) year prior to the time of qualifying.
Each candidate seeking the office of city commissioner shall be a resident of a designated
commission district established by ordinance and shall have resided in the designated commission
district six (6) months prior to the time of qualifying. Notwithstanding the above requirement, city
commissioners shall run at large as commission candidates under district designation. All
candidates for offices in municipal elections shall be re gistered and qualified electors of the city at
the time of their qualifying as a candidate with the city clerk and shall file qualifying papers in
accordance with state statutes and pay the qualifying fee and election assessment provided for by
city ordinances. Such application shall be filed and the qualifying fee paid during the qualifying
period established by the city commission by ordinance.
ARTICLE II. CITY COUNCIL
Section 2.02. Eligibility, Terms, and Composition.
(a) Eligibility. Only registered voters of the city shall be
eligible to hold the office of council member or mayor.
Commentary. This section does not include length of residence
requirements for city council candidates. In an era of great
mobility in which people frequently live in one place and work in
another, length of residence requirements lose what little validity
they may once have had. A prospective council member need
only be a registered voter of the city.
(b) Terms. The term of office of elected officials shall be
four years elected in accordance with Article VI.
Commentary. The Model recommends four-year,
staggered terms (§ 6.03). Under this approach, elections of
council members take place every two years. In the seventh
edition, the Model listed concurrent terms as an alternative.
However, a strong majority of cities have chosen staggered
terms over concurrent terms to avoid dramatic changes in
council composition at each election.
The Model does not restrict reelection to subsequent four-
year terms. Limiting reelection restricts the voters’
opportunity to keep in office council members of whom
they approve. Unlimited terms allow voters to provide a
vote of confidence for council members who represent
majority sentiment and a vote of opposition for members in
the minority. Finally, the city benefits from the institutional
memory of reelected council members.
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[*NOTE: SECTION 4.03 IS REFERENCED HERE BECAUSE IT
CORRESPONDS TO SECTION 2.02(b) OF THE MODEL CITY CH ARTER
RELATED TO TERM]
Section 4.03. Election and terms.
(a) The regular election of mayor and commissioners shall be held at the time provided for in Section 8.01
of this Charter. All elections shall be for four-year terms of office. The terms of the mayor and commissioner
shall begin at the next scheduled regular or special meeting of the city commission of each year an election is
held, and its members shall serve until their successors have taken office.
(b) City commission seats are hereby desig nated as seats one, two, three, four and five.
(c) The mayor shall be limited to three (3) consecutive full terms of office. Commission
members shall be limited to three (3) consecutive full terms of office. The mayor or any
commission member who has served three (3) consecutive full terms of office after having been out
of office for a period of one (1) year, shall be eligible for election to successive three (3) consecutive
full terms of office; provided however, this limitation shall not prohibit a person who has served
three (3) consecutive full terms of office as mayor from qualifying and being elected as a
commission member; nor shall this limitation prohibit a person who has served three (3)
consecutive full terms of office as a commission member from qualifying and being elected as
mayor of the city.
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY (continued)
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 reg ular
election, one (1) to be appointed by each commissioner from
their 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 re port 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.
ARTICLE II. CITY COUNCIL
Section 2.02. Eligibility, Terms, and Composition. (Cont.)
(c) Composition. There shall be a city council composed of [ ] members [see alternatives
below].
Commentary . The Model does not specify the exact number of council members but
recommends that the council be small - ranging from five to nine members. If the mayor
were elected by and from the council (§2.03(b), Alternative I), there would be an odd
number of council members. In the largest cities, a greater number of council members may
be necessary to assure equitable representation. However, smaller city councils are more
effective instruments for the development of programs and conduct of municipal business
than large local legislative bodies. In the United States, it has been an exceptional situation
when a large municipal council, broken into many committees handling specific subjects,
has been able to discharge its responsibilities promptly and effectively. In large councils,
members usually represent relatively small districts with the frequent result that
parochialism and "log-rolling"—bargaining for and exchanging votes on a quid pro quo basis
distract attention from the problems of the whole city.
In determining the size of the council, charter drafters should consider the diversity of
population elements to be represented and the size of the city.
Alternative 1 - Option A - District elections of an even number of council members.
Alternative 1 – Option B - Combination of district and at-large elections of an even
number of council members.
Alternative 1 – Option C - In small homogeneous communities, at-large elections of an
even number of council members may be suitable.
With each option, the mayor is elected separately as provided in § 2.03(b).
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(2) The districts shall be based upon the principle of
equal and effective representation as required by the
United States Constitution and as represented in the
mathematical preciseness reached in the legislative
apportionment of the state.
(3) The report shall include a map and description of the
districts recommended and shall be drafted as a
proposed ordinance. Once filed with the designated
official, the report shall be treated as an ordinance
introduced by a commissioner.
(d) Support. It shall be the responsibility of the city manager to
provide staff assistance and technical data to the districting
commission.
(e) Procedure. The procedure for the city commission's
consideration of the report shall be the same as for other
ordinances, provided that if a summary of the ordinances is
published pursuant to this Charter and general law, it must
include both the map and a description of the recommended
districts.
(f) Failure to enact ordinance. The city commission shall adopt
the redistricting ordinance at least one hundred twenty (120)
days before the next city election. If the city commission fails to
either accept or reject the redistricting ordinance, the report of
the districting commission shall go into effect and have the
same effect of an ordi nance. 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
Commentary. The Model for the first time recommends district or a combination of
districts and at-large seats on city councils be used to address diversity and representation
issues. The 8th edition listed district and mixed election systems as one of several
alternatives, listing them after the alternatives of at-large election with district residency
requirements. At-large elections should only be considered as an alternative for small
communities that are homogeneous or have no geographic concentration of
underrepresented voters. Adding district residency requirements disperses the members of
the council geographically, but all the members of the council can still be elected by the
same majority. Under-representation of specific interests is always a potential outcome
with at-large elections.
Community members may feel isolated from and unconnected to their government without
some geographical basis of representation. Cities with significant differences in or confl icts
among ethnic, racial, or economic groups should consider which of the first two alternative
systems will achieve more equitable representation of the city’s population, promote sound
governance, and avoid legal challenges under the Voting Rights Act.
The growing recognition that membership on councils should represent all racial and
ethnic groups more adequately has spurred increased use of the single-member district
system. With under-represented groups concentrated in particular sections of the city, it is
easier to elect council members that represent those groups. Also, because district
campaigns cost substantially less than citywide campaigns, single-member districts can
open the way for greater diversity among candidates. Also, residents feel closer to district
elected council members, whom they can hold responsible for addressing their community
concerns.
In cities where courts have found that the at-large method of electing the city council
violates the Voting Rights Act, the Justice Department has regularly approved the single-
member district system as a replacement. The single-member system has drawbacks. An
inherent problem is the danger that district elected members will subordinate citywide
concerns to parochial problems. Single-member systems also have potential for the classic
problem of “log-rolling” or vote swapping. Whenever districts are used, the drawing of
district lines to provide “fair and equal” districts is of utmost importance and may involve
litigation. Section 6.03 provides districting procedures and criteria designed to prevent
gerrymandering and unequal districts, which are unconstitutional under the one person, one
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change in commission district and boundaries.
vote doctrine.
The mixed system for a council with members elected at large and members elected by and
from districts has become increasingly popular since the U. S. Department of Justice
approved it as a method of electing the city council that is compliant with the requirements
of the Voting Rights Act. This makes the mixed method suitable in places where the at -
large system has been challenged but where change to a single -member district system is
opposed. The mixed system combines the citywide perspective of the at -large council
members with the local concerns and accountability of district council members. It can
allow underrepresented residents who live in concentrated areas to influence or even
determine the outcome of elections in their districts.
A problem can arise in mixed systems when at-large council members consider their
position to be superior to that of district members and are perceived as rivals to the mayor.
To prevent this, at- large and district council members should have equal status with
respect to offices, services, and length of terms. Local preference should decide the ratio of
at-large to district members. Opinion ranges from favoring a majority being elected at large
to a majority being elected by and from districts. However, for jurisdictions concerned
about scrutiny by the U. S. Department of Justice or the courts under either § 2 or § 5 o f
the Voting Rights Act, precedent shows a clear preference for a majority of the council to
be elected by and from districts.
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY (continued)
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 nest regular election,
provided that such election follows the adoption of such ordinance by at least
sis (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.
ARTICLE II. CITY COUNCIL
Section 2.04. Compensation; Expenses. The city council may determine the
annual salary of the mayor and council members by ordinance, but no
ordinance increasing such salary shall become effective until the date of
commencement of the terms of council members elected at the next regular
election. The mayor and council members shall receive their actual and
necessary expenses incurred in the performance of their duties of office.
*See Commentary below.
Commentary. Under the Model, council members are part-time officials and do not direct city departments. Council salary level depends on a variety of factors
specific to each community, including the part- time nature of the position and the emphasis on policy-making rather than administration. The city should
reimburse council members for expenses incurred in performing their duties, e.g., travel to the state capital to testify on b ehalf of the city. The Model rejects the
setting of the actual amount of compensation in the charter except for the salary of the first council after the charter goes into effect (see § 10.05(f)). The delay in
the effective date of any salary increases provides ample protection. The city should provide extra compensation for the mayor becaus e, in addition to regular
responsibilities as a council member, the mayor has intergovernmental, ceremonial, and city -related promotional responsibilities.
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY (continued)
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.
ARTICLE II. CITY COUNCIL
Section 2.01. General Powers and Duties. All powers of the city shall be
vested in the city council, except as otherwise provided by law or this charter,
and the council shall provide for the exercise thereof and for the performance
of all duties and obligations imposed on the city by law.
*See Commentary below.
Introduction. The city council, elected by, representative of, and responsible to the citizens of the city is the fundamental democratic element of the council-
manager plan.
Commentary. This section does not specifically enumerate the powers of the council. An enumeration of specific powers in this article will not enlarge the powers
of the council and may operate to diminish them if utilized by the courts to support restrictive interpretations (see commentary to § 1.02). In his commentary on the
first Model City Charter endorsing the council-manager plan (―The City Council in The New Municipal Program, 1919), William Bennet Munro noted that:
So far as the composition and powers of the city council are concerned the plan set forth in the Model City Charter rests upon the conviction that there
should be a place in the municipal framework for a body which will be avowedly deliberative, supervisory, and policy-determining, which will be wieldy
enough to perform these functions properly and yet large enough to be truly representative of the community’s options. . . . The Model City Charter
accordingly provides for a council with a membership which can be enlarged or contracted according to the varying size and needs of different cities. This
council is to be the pivot of the municipal system. It is to be the final source of local authority, not sharing its powers but delegating some of them. That is
to say, to a city manager chosen by the council and holding office during the council’s pleasure, it assigns the entire charge of administrative affairs . . . As
for the powers of the city council . . . It is designed to embody, as it were, the sovereignty of the community. It is the legislative organ of the city exercising
all the authority which the municipal corporation possesses—with one important exception only. This restriction is that the city council, once it selects a
city manager, devolves all direct administrative authority upon him.
Recognizing that all of the powers that can be exercised by the city rest in the popularly elected city council, the charter must provide for a council that is truly
representative of the community. Therefore, the Model presents several alternatives with recognition of the advantages of certain alternatives over others. Each
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city’s population pattern— economic level, racial, ethnicity, geographical, etc.—has implications for the method of electing the council to assure equitable
representation. While the Voting Rights Act governs all jurisdictions, in some cities the problem of compliance with its provisions and avoidance of court challenges
is a matter of particular concern. Just as there is no absolute model for providing competent and effective legislators, ther e is no absolute pattern which will assure
equitable representation.
As the body charged with making municipal policy, the council can create permanent or ad hoc mechanisms to assist in that process. For example, it can create
planning and recreation boards or study committees. Likewise, it can create agencies with quasi-legislative or quasi-judicial status, such as a human rights
commission or a zoning appeals board.
The Model provides that the mayor shall be the presiding officer and a voting member of the council and shall perform certain specific duties which will enhance the
mayor’s role as policy leader.
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY (continued)
Section 4.05. Mayor. At each regular election for the office of mayor, a
mayor shall be elected at large for a term of four (4) years and shall serve until
the mayor's 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, bu t
shall have no administrative duties. The city commission shall elect from
among its members a deputy mayor who shall act as mayor during the absence
or disability of the mayor. However, if a vacancy occurs in the position of
mayor, the vacancy shall be filled in accordance with section 4.08(c) of this
Charter.
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
the affirmative vote of four (4) commission members to pass the ordinance
after the mayor's veto.
ARTICLE II. CITY COUNCIL
Section 2.03. Mayor.
(a) Powers and Duties. The mayor shall be a voting member of the city
council and shall attend and preside at meetings of the council, represent the
city in intergovernmental relationships, appoint with the advice and consent of
the council the members of community advisory boards and commissions,
present an annual state of the city message, appoint the members and officers
of council committees, assign subject to the consent of council agenda items to
committees, and perform other duties specified by the council. 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.
(b) Election. At each regular election the voters of the city shall elect a mayor
at large for a term of [the same term as other council members] years. The
council shall elect from among its members a deputy mayor who shall act as
mayor during the absence or disability of the mayor and, if a vacancy occurs,
shall become mayor for the remainder of the unexpired term.
*See Commentary below.
Commentary.
(a) The office of mayor in cities having the council-manager form assumes a different character from city to city depending upon local political, economic, and social
conditions. This variation has meant that the office is not well understood, and its potential has too often gone unrecognized. While the mayor of a council-manager city is
not an executive as in the mayor-council form, he or she is uniquely positioned to be the political and policy leader of the city. As the presiding officer of the council and
ceremonial head of the city, the mayor is the most conspicuous official of the city. Freedom from executive responsibilities for the day-to-day municipal operations allows
the mayor to focus attention on major policy issues and important facilitative activities.
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The mayor fills three facilitative roles that offer enormous leadership opportunities. First, the mayor may coordinate the activities of other officials by providing liaison
between the city manager and the council, fostering a sense of cohesion among council members, and educating the public National Civic League Model City Charter Page
17
about the needs and prospects of the city. Second, the mayor may facilitate policy guidance through setting goals for the council and advocating the adoption of policies that
address the city’s problems. Third, the mayor is an ambassador who promotes the city and represents it in dealing with other governments as well as the public.
The specific responsibilities of the mayor listed in the Model enhance the mayor’s leadership position. The traditional responsibility of presiding at council meetings allows
the mayor to set the tone for city government and help the council make decisions. Designation of the mayor as intergovernmental representative reflects the increased
importance of relationships with other local governments as well as with the state and federal governments.
Mayoral appointment of boards and commissions with council advice and consent and of the membership of council committees creates the opportunity for purposeful
balanced representation and can be used to forge coalitions and tap into networks of community activity. Finally, the mayor delivers the state of the city message. When the
state of the city message includes the setting out of needs and goals for the city, it should reflect the thinking of the council and information provided by the staff, as well as
the mayor’s own priorities. In presenting the state of the city message, the mayor acts as spokesperson, educator, team leader, goal setter, and policy advocate. To avoid
confusion, the time of delivery of the message should be sufficiently distanced from the presentation of the budget by the manager. More than half of the cities operating
with the council-manager form use the direct election at-large alternative. Many cities, particularly larger ones, believe that this method increases the potential for mayoral
leadership by giving the mayor a citywide popular support base. This is particularly important when all or most of the council members are elected from districts. A
potential disadvantage of this method is that the mayor may have views that diverge widely from those of a majority of the council on some important issues.
Whatever the method of election or the strength of the mayor’s leadership role, the mayor is preeminently a legislator, a member, and leader of the council; the mayor is not
an executive. However, the office may require some special staff support. Whatever arrangements are made for support either through the city manager or staff in the
mayor’s office should be consistent with two premises. First, the mayor should not encroach on the executive responsibilities of the manager. Second, the mayor and
council collectively, as a body, oversee the operations of the city by the manager. Communities should avoid granting special voting status to the mayor (e.g., vote on
council only to make or break a tie). Such power will likely impede rather than enhance the mayor’s capacity to lead. Similarly, giving the mayor veto power in a council-
manager city cannot help but confuse his or her role with that of the executive mayor in a mayor-council city.
No structural arrangement for government will ensure effective mayoral leadership. The person who occupies the office must understand the nature of the job—its
possibilities, interdependencies, and limitations—and have the personal inclination, energy, and talent to exercise necessary leadership. Without that, no amount of
structural support will produce a leader. However, the method of selection and the statement of responsibilities provided in the charter should help ensure the selection of a
capable person with recognized leadership abilities who will make a significant contribution to the operation of the city.
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY (continued)
[No comparable City Charter Provision]
ARTICLE II. CITY COUNCIL
Section 2.05. Relationship to City Manager
As explained in Article III, the city council hires the city manager to serve as
the chief executive of the city government and may terminate the appointment
of the city manager at any time. It is an ongoing responsibility of the city
council to assure that the city manager and staff are accountable for their
actions. The council shall formally evaluate the city manager’s performance on
an annual basis. The council shall also monitor the policy proposals submitted
by the city manager and the administrative actions taken by the city manager
and staff to ensure that the council’s expectations are being met and that
acceptable standards are being maintained.
Commentary.
Advocates of the strong mayor-council form of government claim that direct
election of the chief executive makes city government more accountable but
using the electoral process for accountability is a slow process and not
necessarily available. The council-manager form has a chief executive who is
continuously accountable to the city council. It is necessary to wait up to four
years until the next election to hold the strong mayor accountable for poor
performance, and accountability disappears in the mayor’s final term. If a
recall of the mayor is possible, this requires a large-scale collection of
signatures on a recall petition and is very disruptive to city. Typically, chief
administrative officers in mayor-council cities are neither independent nor
accountable to the council. In contrast, the city manager in the council-manager
form is independent but continuously accountable. The manager’s performance
should be evaluated regularly by the council, and the manager can be removed
by the council at any time if his/her performance is not acceptable.
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY (continued)
Section 4.07. Prohibitions; holding other office.
(a) Holding other office. Except where authorized by law, neither the mayor
nor any commission member shall hold any other elected public office during
the term for which the mayor or commission member was elected. Neither the
mayor nor any commission member shall hold any other city office or city
employment with the City of "Winter Springs during the term of office for
which elected. No former mayor or commission member shall hold any
compensated appointive office or employment with the city until one year
after the expiration of the term for which the mayor or commission member
was elected. Nothing in this section shall be construed to prohibit the mayor
or any commission member from selecting any current or former mayor or
any current or former commission member to represent the city on the
governing board of any regional or other intergovernmental agency, or to
prohibit any former mayor or commission member from serving as a member
of city advisory boards and commissions.
(b) Appointments and Removals. Neither the mayor nor any commission
member shall in any manner control or demand the appointment or removal
of any city administrative officer or employee whom the city manager or any
subordinate of the city manager is empowered to appoint, but the commission
may express its views and fully and freely discuss with the city manager
anything pertaining to appointment and removal of such officers and
employees.
(c) Interference with Administration. Except for the purpose of inquires and
investigations under section 4.11, the mayor and city commission shall not
give orders to city officers and employees who are subject to the direction
and supervision of the city manager, either publicly or privately, provided this
prohibition shall not be construed so as to prevent the mayor and commission
members from communicating with the var ious officers and employees of the
city, as in the case of any other citizen of the city.
ARTICLE II. CITY COUNCIL
Section 2.06. Prohibitions.
(a) Holding Other Office. Except where authorized by law, no council
member shall hold any other elected public office during the term for which the
member was elected to the council. No council member shall hold any other
city office or employment during the term for which the member was elected to
the council. No former council member shall hold any compensated appointive
office or employment with the city until one year after the expiration of the
term for which the member was elected to the council, unless granted a waiver
by the Board of Ethics. Nothing in this section shall be construed to prohibit
the council from selecting any current or former council member to represent
the city on the governing board of any regional or other intergovernmental
agency.
(b) Appointments and Removals. Neither the city council nor any of its
members shall in any manner control or demand the appointment or removal of
any city administrative officer or employee whom the city manager or any
subordinate of the city manager is empowered to appoint, but the council may
express its views and fully and freely discuss with the city manager anything
pertaining to appointment and removal of such officers and employees.
(c) Interference with Administration. Except for the purpose of inquiries,
and investigations under § 2.10, the council or its members shall deal with city
officers and employees who are subject to the direction and supervision of the
city manager solely through the city manager, and neither the council nor its
members shall give orders to any such officer or employee, either publicly or
privately.
*See Commentary below.
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Commentary.
(a) This provision prohibits council members from concurrently holding other elective office, such as state legislator, as occurs in some states. Also prohibited is
holding any other city office or employment during one’s council term or for one year after leaving office. These provisions are designed to avoid conflict of
interest situations. The charter is specific, however, that these prohibitions do not restrict any current or former officeho lder from service on the boards of
regional or other intergovernmental agencies. Such service is particularly valuable in accomplishing the objectives of interg overnmental cooperation.
(b) The prohibition against interference by council members in the appointment and removal of employees and in the administration of city programs does not
include the broad language of earlier editions of the Model because it was considered too rigid and unrealistic. This provision, while expressin g the general
policy of noninterference, does not exclude communication between council members and the manager on questions of appointment and removal. The manager
may seek advice from the council regarding appointments. Council members are strictly prohibited from giving orders to city o fficers or employees. However,
the prohibition against interference with administration does not prevent council members from making inquiries of department heads or employees for the
purpose of obtaining information needed by them in the discharge of their duties including response to constituent requests. Information provided to one council
member should be shared with the entire council as warranted. The council and manager should define the parameters for such r equests and establish reasonable
boundaries. In some cities, automated information systems make information on aspects of departmental oper ations readily available to council members on
computer terminals.
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY (continued)
Section 4.08. Vacancies; forfeitures of office; filling of vacancies.
(a) Vacancies. The office of the commissioner or mayor shall become
vacant upon their death, resignation, removal from office in any
manner authorized by law or forfeiture of their 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 their office if a
commissioner or mayor :
(1) Lacks at any time during their term of office any qualifications
prescribed by this Charter or by law; or
(2) Knowingly and willfully violates any ex press prohibition of
this Charter; or
(3) Is convicted of a felony; or
(4) Fails to attend three (3) consecutive regular meetings of the
commission without being duly excused by the commission.
(c) Filling of vacancies. A vacancy in the mayor's position or a commission
member's seat shall be filled by a qualified person until the next regular
election by a majority vote of all remaining members of the city commission. It
shall be the duty of the remaining members to fill the vacancy at either of the
next two regular meetings of the commission following the creation of the
vacancy. At the next regular election, a qualified person shall be elected for a
term equaling that period of time necessary to complete the unexpired terms of
the previously vacated position or seat; unless the previous term was to expire,
in which case such person shall be elected for a four (4) year term.
ARTICLE II. CITY COUNCIL
Section 2.07. Vacancies; Forfeiture of Office; Filling of Vacancies.
(a) Vacancies. The office of a council member shall become vacant upon the
member's death, resignation, or removal from office or forfeiture of office in
any manner authorized by law.
(b) Forfeiture of Office. A council member shall forfeit that office if the
council member:
(1) Fails to meet the residency requirements,
(2) Violates any express prohibition of this charter,
(3) Is convicted of a crime involving moral turpitude, or
(4) Fails to attend three consecutive regular meetings of the
council without being excused by the council.
(c) Filing of Vacancies. A vacancy in the city council shall be filled for the
remainder of the unexpired term, if any, at the next regular election
following not less than sixty days upon the occurrence of the vacancy, but the
council by a majority vote of all its remaining members shall appoint a
qualified person to fill the vacancy until the person elected to serve the
remainder of the unexpired term takes office, if the council fails to do so
within thirty days following the occurrence of the vacancy, the election
authorities shall call a special election to fill the vacancy, to be held not
sooner than ninety days and not later than 120 days following the occurrence
of the vacancy, and to be otherwise governed by law. Notwithstanding the
requirement in § 2.12(c), if at any time the membership of the council is
reduced to less than ________, the remaining members may by majority
action appoint additional members to raise the membership to _________.
*See Commentary below.
Commentary. The section specifies the events or conditions, which create a vacancy, the grounds for forfeiture of office, and the manner by which the council shall fill
vacancies. Subsection (b)(3) requires forfeiture of office for crimes involving "moral turpitude." This is a legal standard that in most jurisdictions means the crime -
felony or misdemeanor - violates community standards of morality and involves an element of knowing intent by the perpetrator. Court findings include In re
Flannery, 334 Or. 224 (2002) (misrepresenting address in renewing driver license to obtain valid license to rent a car was not a crime involving moral turpitude); Klontz
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v. Ashcroft, 37 Fed. Appx. 259 (9th Cir. 2002) (petty theft and grand theft are both crimes of moral surpitude); Antorietto v. Regents of the University of California,
2002 WL 1265552 (Cal. App. 4 Dist. June 7, 2002) (misuse of university funds and fraudulent diversion of donor funds intended for the university are crimes
that involve moral turpitude). Another approach focuses on felonies, as in Kansas City's charter, which reads: "No member of the council shall, during the term for
which he is elected, be found guilty or enter a plea of guilty or nolo contendere to a felony under the laws of the United States or of any state, even if subsequently
followed by. the suspended imposition of the sentence." The council shall temporarily fill vacancies until the next regular election, when the voters will fill such
vacancies for the remainder of the term '(unless that election occurs within sixty days of the vacancy, in which case the candidates would have insufficient time to file).
The provision calls for a special election if the council fails to fill a vacancy within thirty days. This provision should ensure that the council will act, but in the event of a
deadlock a special election will resolve the situation. Finally, the section provides for filling vacancies by council action even if the membership falls below the
quorum otherwise required for council action by § 2.12(c).
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY (continued)
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 evi dence. A member
charged with conduct constituting grounds for forfeiture of their 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 t o
review by the courts.
ARTICLE II. CITY COUNCIL
Section 2.08. Judge of Qualifications. The city council shall be the judge of the
election and qualifications of its members, and of the grounds for forfeiture of their
office. In order to exercise these powers, the council shall have, power to
subpoena witnesses, administer oaths and require the production of evidence. A
member charged with conduct constituting grounds for forfeiture of office shall be
entitled to a public, hearing on demand, and notice of such hearing shall be
published in one or more newspapers of general circulation in the city at least one
week in advance of the hearing.
*See Commentary below.
Commentary. This section makes council the judge of qualifications for office and of grounds for forfeiture. It provides procedural safeguards to protect a member
charged with conduct constituting grounds for forfeiture. The provision authorizing the council to set additional standards for the conduct of its members empowers
the council to impose on itself the highest possible ethical standards.
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY (continued)
Section 4.10. City clerk.
(a) The city commission, after receiving a nomination from either the mayor
or a commission member (s) shall, by a 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's compensation shall be established by the city
commission. The city clerk shall give notice of commission meetings to its
members and the public, keep the journal of its proceedings and perform such
other duties as are provided by this Charter, by the commission or by law.
(b) The city clerk may be removed by a vote of not less than four (4)
commission members.
ARTICLE II. CITY COUNCIL
Section 2.08. City Clerk. The city council or the city manager shall appoint
an officer of the city who shall have the title of city clerk. The city clerk shall give
notice of council meetings to its members and the public, keep the journal of its
proceedings and perform such other duties as are assigned by this charter or by the
council or by state law.
*See Commentary below.
Commentary . See §§ 2.1 6 and 2.17 for other duties assigned to the city clerk. In a number of states, certain statutory duties may be assigned to the city clerk,
even in cities operating with their own charters.
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY (continued)
Section 4.11. I nvestigations. 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 sixty (60) days
or both.
ARTICLE II. CITY COUNCIL
Section 2.10. Investigations. The city council 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. Failure or refusal to
obey a lawful order issued in the exercise of these powers by the council
shall be a misdemeanor punishable by a fine of not more than $____, or by
imprisonment for not more than ________ or both.
*See Commentary below.
Commentary. This section gives the council, but not the manager, the power to make investigations. The manager has the power to appoint, remove, and suspend
officers, but it is inappropriate for the manager to have the power to subpoena witnesses and compel production of evidence.
50
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY (continued)
Section 7.08. - 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.
ARTICLE II. CITY COUNCIL
Section 2.11. Independent Audit. The city council shall provide for an
independent annual audit of all city accounts and may provide for more frequent
audits as it deems necessary. Such audits shall be carried out in accordance with
§ 5.12.
*See Commentary below.
Commentary. The necessity for annual independent audits of the city's financial affairs has long been accepted. This section authorizes and charges the council to
conduct them.
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY (continued)
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 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 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.
ARTICLE II. CITY COUNCIL
Section 2.12. Procedure.
(a) Meetings. The council shall meet regularly at least once in every month at
such times and places as the council may prescribe by rule. Special meetings
may be held on the call of the mayor or of _____ or more members and,
whenever practicable, upon no less than twelve hours' notice to each member.
Except as allowed by state law, all meetings shall be public; however, the
council may recess for the purpose of discussing in a closed or executive
session limited to its own membership any matter which would tend to defame or
prejudice the character or reputation of any person, if the general subject
matter for consideration is expressed in the motion calling for such session
and final action on such motion is not taken by the council until the matter is
placed on the agenda.
(b) Rules and Journal . The city council 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 motions, shall be by roll call and
the ayes and nays shall be recorded in the journal. ________members of
the council shall constitute a quorum, but a smaller number may adjourn
from time to time and may compel the attendance of absent members in
the manner and subject to the penalties prescribed by the rules of the
council. No action of the council, except as otherwise provided in the
preceding sentence and in § 2.0 7(c), shall be valid or binding unless
adopted by the affirmative vote of ____ or more members of the council.
*See Commentary below.
Commentary. This section sets forth what are, for the most part, standardized and well accepted procedural rules to govern the official action of the council, The
frequency of meetings can, of course, be suited to the needs of the particular city. The section contains the important, standard protection that meetings must be
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public and that a journal of proceedings be kept, as a public record. Most states have open meeting laws which specify the circumstances when closed or executive
sessions may be held; such meetings are sometimes necessary for effective council functioning. This charter and state law contain ample safeguards to assure open
meetings. All council actions require majority vote, except actions to adjourn, to compel attendance of members in the absence of a quorum, and to appoint additional
members if the membership falls below a majority of the total authorized membership as provided in § 2.07(c).
Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY (continued)
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 de partment, 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 im posed;
(3) Levy taxes, except as otherwise provided in Article VII with respect
to the property tax levied by the adoption of the budget.
(4) Grant or renew or extend a franchise;
(5) Regulate the rate charged for its services by the public utility,
except as provided by law ;
(6) Convey or lease or authorize the convey ance or lease of any land of
the city;
(7) Adopt without amendment ordinances proposed under the initiative
power; and b udget;
(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.
ARTICLE II. CITY COUNCIL
Section 2.13. Action Requiring an Ordinance. In addition to other acts
required by law or b y specific provision of this charter to be done by
ordinance, those acts of the city council shall be by ordinance which:
(1) Adopt or amend an administrative code or establish, 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;
(4) Grant, renew, or extend a franchise;
(5) Regulate the rate charged for its services by a public utility;
(6) Authorize the borrowing of money;
(7) Convey or lease or authorize the conveyance or lease of any lands
of the city;
(8) Regulate land use and development;
(9) Amend or repeal any ordinance previously adopted; or
(10) Adopt, with or without amendment, ordinances proposed under the
initiative power.
Acts other than those referred to in the preceding sentence may be done either
by ordinance or by resolution.
*See Commentary below.
Commentary. This section assures that the enumerated types of council action be taken only after compliance with all the procedural safeguards required for passage
of an ordinance by the succeeding sections.
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Other subjects requiring an ordinance are not mentioned here because the requirement is specifically stated elsewhere in the charter. These include adoption of codes of
technical regulations (§ 2.16), appropriation and revenue ordinances (§ 5.06), supplemental and emergency appropriations and reduction of appropriations (§ 5.07), and
creation of a charter commission or proposal of charter amendments (§ 9.01).
Council may act via ordinance or resolution on matters other than those enumerated in this section or as required by law or by specific provision in the charter to be by
ordinance. This does not preclude motions relating to matters of council procedure, which may involve even less formality than resolutions.
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING BODY (continued)
Section 4.15. Ordinances in General.
(a) Form. Every proposed ordinance sha11 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 intro duced 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 re ad 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) mem bers of the commission. All
ordinances shall be posted in the city hall for thirty (30) days
after their first reading.
(c) Effective date. Except as otherwise provided in this Charter,
every adopted ordinance shall become effective at the
expiration of thirty (30) days after adoption or at any date specified
therein.
(d) Emergency ordinances. Emergency ordinances may be
adopted by the city commission in accordance with law. Every
emergency ordinance shall automatically stand repealed as of the
sixty-first day following the date on which it was adopted unless
repealed sooner by the commission. Nothing herein shall prevent
re-enactment of the ordinance in the manner specified in this
subsection if the emergency still exists.
ARTICLE II. CITY COUNCIL
Section 2.14. Ordinances in General.
(a) Form. Every proposed ordinance shall be introduced in writing and 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 hereby ordains .
. .” Any ordinance which repeals or amends an existing ordinance or part of the city code
shall set out in full the ordinance, sections or subsections to be repealed or amended, and
shall indicate matters to be omitted by enclosing it in brackets or by strikeout type and
shall indicate new matters by underscoring or by italics.
(b) Procedure. Any member at any regular or special meeting of the council may
introduce an ordinance. Upon introduction of any ordinance, the city clerk shall distribute
a copy to each council member and to the city manager, shall file a reasonable number of
copies in the office of the city clerk and such other public places as the council may
designate, and shall publish the ordinance together with a notice setting out the ti me and
place for a public hearing thereon and for its consideration by the council.
The public hearing shall follow the publication by at least seven days, may be held
separately or in connection with a regular or special council meeting and may be
adjourned from time to time; all persons interested shall have an opportunity to be heard.
After the hearing, the council may adopt the ordinance with or without amendment or
reject it, but if it is amended as to any matter of substance, the council may not adopt it
until the ordinance or its amended sections have been subjected to all the procedures
herein before required in the case of a newly introduced ordinance. As soon as practicable
after adoption, the clerk shall have the ordinance and a notice of its adoption published
and available at a reasonable price.
(c) Effective Date. Except as otherwise provided in this charter, every adopted ordinance
shall become effective at the expiration of 30 days after adoption or at any later date
specified therein.
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(d) “Publish” Defined. As used in this section, the term “publish” means to print in the
contemporary means of information sharing, which includes but is not limited to, one or
more newspapers of general circulation in the city, and, if available, in a web site: (1)
the ordinance or a brief summary thereof, and (2) the places where copies of it have
been filed and the times when they are available for public inspection and purchase at a
reasonable price.
*See Commentary below.
Commentary: This section dispenses with the unnecessary and cumbersome requirements of a full reading of all ordinances and publication of their full text
both before and after adoption. Distribution of a copy to each council member obviates the need for a full reading. Permitting the printing of a brief summary,
together with notice of the times and places where copies are available for public inspection, simplifies publication.
Further simplification occurs in §§ 2.15 and 2.16, which contain special provisions for expeditious handling o f emergency ordinances and for adoption by
reference of standard codes of technical regulations. The section retains the basic safeguards of a public hearing following notice by publication, and a second
publication with notice of adoption. It does not go so far as charters that dispense with publication or that permit adoption at the same meeting at which a non-
emergency ordinance is introduced. It retains protective features deemed necessary for full and careful consideration. Sectio n 2.15 provides sufficient leeway for
emergency situations.
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Winter Springs City Charter Model City Charter, 9th Edition
ARTICLE IV. GOVERNING
BODY (continued)
[Addressed in s. 4.15(d), above]
[Florida has uniform state-wide
technical building and fire codes
adopted by the State.]
ARTICLE II. CITY COUNCIL
Section 2.15. Emergency Ordinances. To meet a public emergency affecting life, health, property or the
public peace, the city council may adopt one or more emergency ordinances, but such ordinances may not levy
taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or
authorize the borrowing of money except as provided in § 5.07(b). An emergency ordinance shall be introduced
in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as am
emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists
and describing it in clear and specific terms. An emergency ordinance may be adopted with or without
amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least ____ members
shall be required for adoption.
After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It
shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except
one made pursuant to § 5.07(b) shall automatically stand repealed as of the sixty -first day following the date on
which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this
section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing
ordinance in the same manner specified in this section for adoption of emergency ordinances.
*Commentary. To facilitate timely action, the charter permits an extraordinary majority to introduce and adopt
such ordinances as the same meeting. Ordinances passed pursuant to this section may also have an immediate
effective date.
Section 2.15. Codes of Technical Regulations. The city council may adopt any standard code of technical
regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an
adopting ordinance shall be as prescribed for ordinances generally except that:
(1) (1) The requirements of § 2.14 for distribution and filing of copies of the ordinance shall be construed to include
copies of the code of technical regulations as well as of the adopting ordinance, and
(2)
(3) (2) A copy of each adopted code of technical regulations as well as of the adopt ing ordinance shall be
authenticated and recorded by the city clerk pursuant to§2.1 7 (a).
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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 purposes all such
ordinances and resolutions.
Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for
purchase at a reasonable price.
*Commentary: This provision permits adoption of standard and often lengthy, detailed, and technical regulations,
such as building and sanitary codes, by an ordinance which simply incorporates and adopts the code by reference.
Publication of the adopting ordinance satisfies publication requirements. The adopting ordinance should indicate the
nature of the code. The council is not required to include all such technical codes in the general city code pursuant to
§ 2.16. This approach minimizes burden and expense while at the same time reserving the essential
safeguards of the general ordinance procedure of § 2.13.
Section 2.17. Authentication and Recording; Codification; Printing of Ordinances and Resolutions.
(a) Authentication and Recording. The city clerk shall authenticate by signing and shall record in full in a
properly indexed book kept for the purpose all ordinances and resolutions adopted by the city council.
(b) Codification. Within three years after adoption of this charter and at least every ten years thereafter,
the city council shall provide for the preparation of a general codification of all city ordinances and
resolutions having the force and effect of law. The general codification shall be adopted by the council
by ordinance and shall be published, together with this charter and any amendments thereto, pertinent
provisions of the constitution and other laws of the state of_______, and such codes of technical regulations
and other rules and regulations as the council may specify. This compilation shall be known and cited
officially as the ___________city code. Copies of the code shall be furnished to city officers, placed in
libraries, public offices, and, if available, in a web site for free public reference and made available for
purchase by the public at a reasonable price fixed by the council.
(c) Printing of Ordinances and Resolutions. The city council shall cause each ordinance and resolution having
the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and
the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at
reasonable prices as fixed by the council. Following publication of the first __________city code and at all
times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same
style as the code currently in effect and shall be suitable in form for integration therein. The council shall make
such further arrangements as it deems desirable with respect to reproduction and distribution of any
current changes in or additions to the provisions of the constitution and other laws of the state of ________, or
the codes of technical regulations and other rules and regulations included in the code.
*Commentary: Subsections (a) and (c) of this section state essential procedures for maintaining legally
authenticated records of all ordinances and resolutions and for making them available to the public. The merits of the
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general codification provided for in subsection (b) speak for themselves. The Model provides for inclusion of
pertinent parts of the constitution and state statutes, thus envisioning a city code to which people may turn for
all state and local legislation governing the city. This contrasts to "the situation still existing in many cities where
much of this legislation, particularly state laws of limited application, are nowhere collected and are often out of
print, unavailable, or difficult to find.
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Notes:
60
35
Notes:
61
36
Notes:
62
37
Notes:
63
38
Notes:
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WINTER SPRINGS CHARTER REVIEW COMMITTEE
CITY CHARTER COMPARISON
GOVERNING BODY
CHARTER PROVISION WINTER SPRINGS ALTAMONTE
SPRINGS OVIEDO HAINES CITY LEESBURG PARKLAND
POPULATION
2020 Census/Estimate
38,342
39,800 est.
46,231
48,100 est.
40,059
41,600 est,
26,669
49,400 est.
27,147
41,500 est.
34,670
37,000 est.
COUNCIL/COMMISSION
Commission Commission Council Commission Commission Commission
TERM (YRS)
4 2 2 4 4 4
TERM LIMITS 3 consecutive 4 yr
terms NO NO NO 2 consecutive 4
yr terms
8 consecutive
years
# COMMISSION
MEMBERS
5 5 5 5 5 5
MAYOR PART OF
COMMISSION
NO, but part of
governing body with
5-Commissioners
YES YES YES YES YES
MAYOR ELECTED
YES YES, 3 yr term YES NO, chosen by
commission
NO, chosen by
commission YES
VOTING MAYOR NO, except to break
tie YES YES YES YES YES
MAYOR VETO
YES NO NO NO NO NO
# COMMISSION
DISTRICTS
5 4 NO NO 5 4
QUALIFYING BY
DISTRICT
YES YES NO NO YES YES
ELECTED BY DISTRICT NO, elected at-large
NO NO NO NO NO
MAYOR PRESIDES AT
MEETING YES YES MAYBE – Council
decides YES YES YES
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