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HomeMy WebLinkAbout2010 07 26 Public Hearings 502 Ordinance 2010-19 Referendum Election and Ballot Language for November 2, 2010 General Election COMMISSION AGENDA Informational Consent ITEM 502 Public Hearings X Regular N4t \ 633 A, July 26. 2010 Regular Meeting M / Dept. Authorization REQUEST: The City Attorney requests that the City Commission consider the First Reading of Ordinance Number 2010 -19, which provides for a referendum election and ballot language for the November 2, 2010 general election. SYNOPSIS: On May 17, 2010 the City Commission reviewed the recommendations set forth in the Final Report of the Charter Review Committee. The City Commission is proposing seven (7) Charter amendments and several additional technical amendments based on the recommendations of the Charter Review Committee. Ordinance No. 2010 -19 provides that a referendum election be held on November 2, 2010 (or such other date as authorized by law), to determine whether the ballot questions will be approved by a majority of the qualified electors residing in the City of Winter Springs. Each question appearing on the ballot will be voted on separately and approved or disapproved based on its own merit. All duly qualified electors of the City of Winter Springs shall be entitled to participate in said election. The questions proposed are as follows: Question #1 ARTICLE II, SECTION 2.03 ANNEXATION OF PROPERTY Annexation of land into the territorial limits of the City is governed by general law standards and procedures in Chapter 171, Florida • • CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PUBLIC HEARING AGENDA ITEM "502" PAGE 2 OF 5 Statutes. Should the City Charter be amended to delete specific city charter requirements for annexations so the charter reads, "The City Commission of Winter Springs, Florida, may annex land to the territorial limits of the municipality in accordance with the procedures set forth in Chapter 171, Florida Statutes as it now exists or as it may be renumbered or amended ?" YES For Amending the City Charter. NO Against Amending the City Charter. Question #2 ARTICLE IV, SECTIONS 4.01(b) GOVERNING BODY ELIGIBILITY FOR OFFICE The City Charter currently references a City Code section adopted by the City Commission which provides that candidates for city commission and the mayor prior to the time for qualifying reside in the City for one year and commissioners reside in the designated commission district for six months. That City Code section also establishes other qualifying requirements. Should the qualifying requirements set out in the City Code be set out in the City Charter? YES For Amending the City Charter. NO Against Amending the City Charter. Question #3 ARTICLE IV, SECTION 4.01(a), AND 4.03. GOVERNING BODY ELECTION AND TERMS The City Charter currently provides that the terms of the mayor and commissioners upon election shall begin on the first Monday after the first day of December of each year an election is held. Should the City Charter be amended to provide that such terms of office CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PUBLIC HEARING AGENDA ITEM "502" PAGE 3 OF 5 upon election shall begin at the next scheduled regular or special meeting of the city commission? YES For Amending the City Charter. NO Against Amending the City Charter. Question #4 ARTICLE IV SECTIONS 4.05, 4.08 FILLING OF VACANCIES FOR CITY COMMISSIONERS AND THE MAYOR Shall the City Charter be revised to require the remaining city commissioners to fill vacancies in any commission member seat or mayor's position by majority vote within the next two regular meetings of the city commission to serve until the next regular election, at which time the citizens will vote to fill the vacancy for the remainder of the term, or a new four year term if the previous term was set to expire? YES For Amending the City Charter. NO Against Amending the City Charter. Question #5 ARTICLE IV, V, AND VI, SECTIONS 4.10, 5.02 AND 6.02 REMOVAL OF CHARTER OFFICERS The City Charter currently requires a super - majority vote of at least four commission members to remove the city clerk, city attorney and city manager from office. Should the City Charter be amended to require only a simple majority vote of at least three commission members to remove the city clerk, city attorney and city manager? YES For Amending the City Charter. NO Against Amending the City Charter. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PUBLIC HEARING AGENDA ITEM "502" PAGE 4 OF 5 Question #6 ARTICLE IV, SECTION 4.10 COMPENSATION OF CITY CLERK The City Charter does not currently specify who shall establish the compensation of the City Clerk, who is appointed by the City Commission. Shall the City Charter be amended to include a requirement that the City Commission establish the compensation of the City Clerk? YES For Amending the City Charter. NO Against Amending the City Charter. Question #7 ARTICLE IV, SECTION 4.15 EMERGENCY ORDINANCES The City Charter does not currently contain any provision specifically addressing the enactment of emergency ordinances by the city commission. Shall the City Charter be amended to create a new section that will provide that the city commission may enact emergency ordinances in accordance with Florida law, and require that such emergency ordinances be automatically repealed after sixty days unless repealed sooner by the commission? YES For Amending the City Charter. NO Against Amending the City Charter. Question #8 TECHNICAL AMENDMENTS TO CITY CHARTER Shall the City Charter be amended to renumber sections 4.12 and 12.01, amend penalty provisions to comply with law, clarify the CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PUBLIC HEARING AGENDA ITEM "502" PAGE 5 OF 5 city commission can adopt ordinances regulating public utility rates except as provided by law, clarify the city commission can appoint a qualified acting city manager to act in the manager's absence or disability, clarify the city attorney is not required to represent the city in all legal proceedings, editing charter language to be gender - neutral? YES For Amending the City Charter. NO Against Amending the City Charter. FISCAL IMPACT: None. RECOMMENDATION: The City Attorney requests that the City Commission consider the First Reading of Ordinance Number 2010 -19 and if acceptable, approve and move it to a Second Reading which will tentatively be scheduled for August 9, 2010. ATTACHMENTS: A: Ordinance 2010 -19 ORDINANCE NO. 2010-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE NOVEMBER 2, 2010 GENERAL ELECTION OR AN ELECTION SCHEDULED THEREAFTER; PROVIDING FOR REFERENDUM QUESTIONS PROPOSING SEVERAL AMENDMENTS TO THE CITY CHARTER WHICH WOULD REVISE CHARTER SECTIONS RELATED TO ANNEXATION PROCEDURES, THE GOVERNING BODY, EMERGENCY ORDINANCES, AND CHARTER OFFICERS; PROVIDING A REFERENDUM QUESTION REGARDING ADDITIONAL TECHNICAL AMENDMENTS TO THE CITY CHARTER; PROVIDING FOR A NOTICE OF CITY OF WINTER SPRINGS CHARTER REFERENDUM QUESTIONS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission appointed an eleven member Winter Springs Ad Hoc Charter Review Committee to review the City Charter and make recommendations for changes deemed advisable; WHEREAS, pursuant to Resolution 2010 -04, the Charter Review Committee reviewed the City Charter and prepared a Final Report with recommendations to amend the City Charter; and WHEREAS, the City Commission reviewed the Final Report of the Charter Review Committee as a basis of submitting several proposed referendum ballot questions to the voters of the City of Winter Springs; and WHEREAS, the City Commission finds that the proposed referendum ballot question should be submitted to the City electorate for its consideration and final approval or disapproval; and City of Winter Springs Ordinance No. 2010 -19 Page 1 of 21 WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION FOR THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. Referendum Election. A referendum election is hereby called and scheduled to be held on the 2nd day of November, 2010, or such other date as may be authorized by law, to determine whether the ballot questions appearing in Sections 2 through 9 hereof shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Each question appearing on the ballot with the referendum questions shall be voted on separately and approved or disapproved based on its own merit. Such referendum election shall be held and conducted in the manner prescribed by law. The places for voting in such referendum election shall be such locations as shall otherwise be established for the general election on November 2, 2010 or such other date as maybe authorized by law. All duly qualified electors of the City of Winter Springs shall be entitled to participate in said election. SECTION 2. Amending Article H, Section 2.03 of the City Charter. (A) Proposed Amendment to the City Charter. It is proposed that the electorate of the City of Winter Springs approve an amendment to Article II, Section 2 of the City Charter which, if approved, will remove references to specific legal requirements for annexations from the current City Charter and provide that the procedure to be followed in the annexation of territory will be as set forth in the applicable Florida Statutes. The proposed amendment to the City Charter is as follows (underlined text is an addition to the existing text of the City Charter; sta-cout text is a deletion from the existing text of the City Charter): ARTICLE II - TERRITORIAL BOUNDARIES Section 2.03. Annexation procedure. The commission of the City of Winter Springs, Florida, may propose -by ordinancc to -annex .1 • ' : • 11 r I . . • I s . I • I .111 V n 1 :, .. h . • - . - '. . 1 • • 111111 . ' I I I • .. ., : i ••. I . • IV . • . - .• : • 11 •1., 4v.1%.1 .. • i .. .1 : • • . • • . , • , • . • .. • .1 1. • • • land to the territorial limits of the municipality by • • •....1 r i .1 • • • • ' • .. . .11 . . • • ' • • .1. . . A S accordance with the procedures set forth in Chapter 171, Florida Statutes as it now exists or as it may be renumbered or amended. City of Winter Springs Ordinance No. 2010 -19 Page 2 of 21 (B) Ballot Question. Concurrent with the general election scheduled for November 2, 2010 or as authorized in Section 1 of this Ordinance, the following question shall be placed on the ballot by the Seminole County Supervisor of Elections. ARTICLE II, SECTION 2.03 ANNEXATION OF PROPERTY Annexation of land into the territorial limits of the City is governed by general law standards and procedures in Chapter 171, Florida Statutes. Should the City Charter be amended to delete specific city charter requirements for annexations so the charter reads, "The City Commission of Winter Springs, Florida, may annex land to the territorial limits of the municipality in accordance with the procedures set forth in Chapter 171, Florida Statutes as it now exists or as it may be renumbered or amended ?" YES For Amending the City Charter. NO Against Amending the City Charter. SECTION 3. Amending Article IV, Section 4.01 of the City Charter. (A) Proposed Amendment to the City Charter. It is proposed that the electorate of the City of Winter Springs approve an amendment to Article IV, Section 4.01(b) of the City Charter which, if approved, will set forth in the City Charter the requirements for candidate eligibility to seek office of city commissioner or the mayor. Currently, such requirements are located in the City's Code of Ordinances. The existing eligibility requirements are not being changed, but merely being proposed to be added to the City Charter. The proposed amendment to the City Charter is as follows (underlined text is an addition to the existing text of the City Charter; strikeout text is a deletion from the existing text of the City Charter, and asterisks indicate omitted text): ARTICLE IV. GOVERNING BODY 4.01 (b) Eligibility. Only qualified voters of the city shall be eligible to hold the office of mayor or commissioner. i 1 r.1 . 1 • . • •1 I era' 1 * ' ■ r . • I .11 ! • • r• 1 1/ • • .1 .A I 1 11 ' • I 1 , i I - 1 ■ • • I 11 • 11 • , • lo . • is • 111 Each candidate seeking the office of City of Winter Springs Ordinance No. 2010 -19 Page 3 of 21 city commissioner or mayor or any other elective office of the city shall file a petition signed by fifteen (15) registered voters of the city with the city clerk. Each candidate seeking the office of city commissioner or mayor of any other elective office of the city shall have resided in the city one (1) year prior to the time of qualifying. Each candidate seeking the office of city commissioner shall be a resident of a designated commission district established by ordinance and shall have resided in the designated commission district six (6) months prior to the time of qualifying. Notwithstanding the above requirement, city commissioners shall run at large as commission candidates under district designation. All candidates for offices in municipal elections shall be registered and qualified electors of the city at the time of their qualifying as a candidate with the city clerk and shall file qualifying papers in accordance with state statutes and pay the qualifying fee and election assessment provided for by city ordinances. Such application shall filed and the qualifying fee paid during the qualifying period established by the city commission by ordinance. (B) Ballot Question. Concurrent with the general election scheduled for November 2, 2010 or as authorized in Section 1 of this Ordinance, the following question shall be placed on the ballot by the Seminole County Supervisor of Elections. ARTICLE IV, SECTIONS 4.01(b) GOVERNING BODY ELIGIBILITY FOR OFFICE The City Charter currently references a City Code section adopted by the City Commission which provides that candidates for city commission and the mayor prior to the time for qualifying reside in the City for one year and commissioners reside in the designated commission district for six months. That City Code section also establishes other qualifying requirements. Should the qualifying requirements set out in the City Code be set out in the City Charter? YES For Amending the City Charter. NO Against Amending the City Charter. SECTION 4. Amending Article .V , Section of the City Charter. (A) Proposed Amendment to the City Charter. It is proposed that the electorate of the City of Winter Springs approve an amendment to the City Charter which, if approved, City of Winter Springs Ordinance No. 2010 -19 Page 4 of 21 will require that newly- elected city commissioners and the mayor take office at the next regular or special meeting of the city commission after the election. Currently, the City Charter requires that newly elected commissioners and the mayor take office on the first Monday after the first day of December of each year an election is held. The proposed amendment to the City Charter is as follows (underlined text is an addition to the existing text of the City Charter; strikeout text is a deletion from the existing text of the City Charter): Section 4.01. Composition. (a) 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. fur a tcrm of - ■ • . :( :- •:. A . : :1 : N . - . I R.. - • II . •. . r - : .• • ■ . , . : • • i ' : ' . ' - moo o. . : . n - • ..:1 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. 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 .. . • . :: • . : r of D...,.urbcr of each year an election is held, and its members shall serve until their successors have taken office. (B) Ballot Question. Concurrent with the general election scheduled for November 2, 2010 or as authorized in Section 1 of this Ordinance, the following question shall be placed on the ballot by the Seminole County Supervisor of Elections. ARTICLE IV, SECTION 4.01(a), AND 4.03. GOVERNING BODY ELECTION AND TERMS The City Charter currently provides that the terms of the mayor and commissioners upon election shall begin on the first Monday after the first day of December of each year an election is held. Should the City Charter be amended to provide that such terms of office upon City of Winter Springs Ordinance No. 2010 -19 Page 5 of 21 election shall begin at the next scheduled regular or special meeting of the city commission? YES For Amending the City Charter. NO Against Amending the City Charter. SECTION 5. Amending Article IV, Sections 4.05 and 4.08 of the City Charter. (A) Proposed Amendment to the City Charter. It is proposed that the electorate of the City of Winter Springs approve an amendment to the City Charter which, if approved, will require that any vacancies in the Mayor's seat will be filled in the same manner as vacancies are filled for City Commissioners. That is, a vacancy in the mayor's seat will be filled by a majority vote of all its remaining members instead of having the deputy mayor automatically fill the vacancy as provided in the current City Charter. Additionally, the proposed amendment would put time limits on the amount of time allowed for filling of a vacancy, and would provide that the vacancy would be filled only until the next regular election. At the next regular election, citizens would vote to fill the vacancy for the unexpired term or a new four year term. The proposed amendment to the City Charter is as follows (underlined text is an addition to the existing text of the City Charter; strikeout text is a deletion from the existing text of the City Charter): ARTICLE IV. GOVERNING BODY Section 4.05. Mayor. At each regular election for the office of mayor, a mayor shall be elected at large for a term of four (4) years and shall serve until his successor is elected and qualified; provided such term of office shall not exceed four (4) years. The mayor shall preside at meetings of the city commission, represent the city in intergovernmental relationships, present an annual State of the City Message, and perform other duties specified by the commission. The mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no administrative duties. The city commission shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor. However, and-if a vacancy occurs in the position of mayor, . :: . • . • . - no sue — • . .e :. the vacancy shall be filled in accordance with section 4.08 (c) of this Charter. * ** City of Winter Springs Ordinance No. 2010 -19 Page 6 of 21 Section 4.08(c). Filling of vacancies. A vacancy in the mayor's position or a commission member's seat shall be filled by a qualified person until the next regular election . • . • + ` • by a majority vote of all its - remaining members of the city commission. It shall be the duty of the remaining members to fill the vacancy at either of the next two regular meetings of the commission following the creation of the vacancy. At the next regular election, a qualified person shall be elected for a term equaling that period of time necessary to complete the unexpired terms of the previously vacated position or seat unless the previous term was to expire, in which case such person shall be elected for a four (4) year term. (B) Ballot Question. Concurrent with the general election scheduled for November 2, 2010 or as authorized in Section 1 of this Ordinance, the following question shall be placed on the ballot by the Seminole County Supervisor of Elections. ARTICLE IV SECTIONS 4.05, 4.08 FILLING OF VACANCIES FOR CITY COMMISSIONERS AND THE MAYOR Shall the City Charter be revised to require the remaining city commissioners to fill vacancies in any commission member seat or mayor's position by majority vote within the next two regular meetings of the city commission to serve until the next regular election, at which time the citizens will vote to fill the vacancy for the remainder of the term, or a new four year term if the previous term was set to expire? YES For Amending the City Charter. NO Against Amending the City Charter. SECTION 6. Amending Articles IV, V, and VI, Sections 4.10, 5.01 and 6.02 of the City Charter. (A) Proposed Amendment to the City Charter. It is proposed that the electorate of the City of Winter Springs approve an amendment to the City Charter which, if approved, will revise the supermajority vote requirement to terminate charter officers, which include the city clerk, city attorney, and city manager, to a simple majority vote requirement. The proposed amendment to the City Charter is as follows (underlined text is an addition to the existing text of the City Charter; strikeout text is a deletion from the existing text of the City Charter): City of Winter Springs Ordinance No. 2010 -19 Page 7 of 21 ARTICLE IV. SECTION 4.10 Section 4.10(b). City clerk. The city clerk may be removed bya-majority vote ofthe city commission. nut lcss .1 .. - r, alb. .. . - ARTICLE V. CITY MANAGER Section 5.01. Appointment; qualifications, compensation. The city commission, by the affirmative vote of not less than four (4) commission members, shall appoint a city manager and fix the manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications and shall serve at the pleasure of the commission. Section 5.02. Removal. The commission may remove the city manager by' n - ... ■ . . . .:. . majority vote. Section 6.02. City attorney. (a) The city commission, after receiving a nomination from either the mayor or a commission member(s) shall, by a vote of not less than four (4) commission members, appoint an officer of the city who shall have the title of city attorney. The city attorney shall represent the city in all legal proceedings and shall perform such duties as provided by this Charter, by the commission, or by law. (b) The city attorney may be removed by a- majority vote o coramissioir members the city commission. (B) Ballot Question. Concurrent with the general election scheduled for November 2, 2010 or as authorized in Section 1 of this Ordinance, the following question shall be placed on the ballot by the Seminole County Supervisor of Elections: City of Winter Springs Ordinance No. 2010 -19 Page 8 of 21 ARTICLE IV, V, AND VI, SECTIONS 4.10, 5.02 AND 6.02 REMOVAL OF CHARTER OFFICERS The City Charter currently requires a super- majority vote of at least four commission members to remove the city clerk, city attorney and city manager from office. Should the City Charter be amended to require only a simple majority vote of at least three commission members to remove the city clerk, city attorney and city manager? YES For Amending the City Charter. NO Against Amending the City Charter. SECTION 7. . Amending Article IV, Section 4.10 of the City Charter. (A) Proposed Amendment to the City Charter. The past practice of the City Commission has been to establish the compensation of the City Clerk given that the City Clerk is appointed by the City Commission. However, the current City Charter is silent on who establishes the City Clerk's compensation. It is proposed that the electorate of the City of Winter Springs approve an amendment to the City Charter which, if approved, will require that the City Commission establish the compensation of the City Clerk. The proposed amendment to the City Charter is as follows (underlined text is an addition to the existing text of the City Charter; strikeout text is a deletion from the existing text of the City Charter): ARTICLE IV. GOVERNING BODY • Section 4.10(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. • City of Winter Springs Ordinance No. 2010 -19 Page 9 of 21 (B) Ballot Question. Concurrent with the general election scheduled for November 2, 2010 or as authorized in Section 1 of this Ordinance, the following question shall be placed on the ballot by the Seminole County Supervisor of Elections: ARTICLE IV, SECTION 4.10 COMPENSATION OF CITY CLERIC The City Charter does not currently specify who shall establish the compensation of the City Clerk, who is appointed by the City Commission. Shall the City Charter be amended to include a requirement that the City Commission establish the compensation of the City Clerk? YES For Amending the City Charter. NO Against Amending the City Charter. SECTION 8. Amending Article IT , Section 4.15 of the City Charter. (A) Proposed Amendment to the City Charter. It is proposed that the electorate of the City of Winter Springs approve an amendment to the City Charter which, if approved, will create a new subsection specifically addressing the adoption of emergency ordinances by the City Commission in accordance with Florida law. Every emergency ordinance shall automatically stand repealed sixty days after it was adopted unless the City Commission repeals it earlier. The proposed amendment to the City Charter is as follows (underlined text is an addition to the existing text of • the City Charter; a ik.uat text is a deletion from the existing text of the City Charter): ARTICLE IV. GOVERNING BODY Section 4.15(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. (B) Ballot Question. Concurrent with the general election scheduled for November 2, 2010 or as authorized in Section 1 of this Ordinance, the following question shall be placed on the ballot by the Seminole County Supervisor of Elections: City of Winter Springs Ordinance No. 2010 -19 Page 10 of 21 ARTICLE IV, SECTION 4.15 EMERGENCY ORDINANCES The City Charter does not currently contain any provision specifically addressing the enactment of emergency ordinances by the city commission. Shall the City Charter be amended to create a new section that will provide that the city commission may enact emergency ordinances in accordance with Florida law, and require that such emergency ordinances be automatically repealed after sixty days unless repealed sooner by the commission? YES For Amending the City Charter. NO Against Amending the City Charter. SECTION 9. Technical Amendments to Sections 3.01, 4.11, 4.12, 4.14, 5.04, 6.02(a), 12.01 and 3.01 and Gender Neutralization of City Charter. (A) Proposed Amendment to the City Charter. It is proposed that the electorate of the City of Winter Springs approve a set of technical amendments to the City Charter which, if approved, will amend various sections of the current City Charter for consistency with Florida law and/or renumber or clarify ambiguous terms of the existing City Charter, and which shall make the language ofthe City Charter gender - neutral. The proposed amendments to the City Charter are as follows (underlined text is an addition to the existing text of the City Charter; strikeout text is a deletion from the existing text of the City Charter): TECHNICAL AMENDMENTS (EXCLUDING GENDER NEUTRAL) 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. City of Winter Springs Ordinance No. 2010 -19 Page 11 of 21 Section 4.11. Investigations. The commission may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the commission shall be guilty of a misdemeanor and punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety- sixty (960) days or both. Section 4.12. RESERVED. Iudepcmicut audit.. 1 V. 1 , PI 1 .11 • I • • • • .1 • I I : I I • .1 • • � � I 11 A .1 • I . • I I • I • I I ■ 1 1 I . r • ■ I . r• w . I • :1I - I • . -• I • • r • " : r' I r .1 • • s . I•• III PM M •• • . 11 • • • .1 • • • • • I I I •• • I I : :I - • I - - III I I .11 • • • w • • �• 1 ••• I• " • I 1 • • • 1 • - - • I • •7 nos • .1 IIlru• • I I • •." • • • • e •N 1: •• :1 • I • • • Ars • . • • • 1 • • • 1 • :11 ' • .1 • • • 1 P - . 1 : 1 Ti I 1 . 1 1 I • I1 .11 I I I I IIh .I 1 • • • • 1 • •/:I • NI . • I - - ON i1 . . I .11 .III I I I I . • - M I . • 1 • .►I III II 1 I I V • I Section 4.14. Actions requiring an ordinance. In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance, those acts of the city commission shall be done by ordinance which: (1) Adopt or amend an administrative code or establish or alter or abolish any city department, office or agency; (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (3) Levy taxes, except as otherwise provided in Article VII with respect to the property tax levied by the adoption of the budget; (4) Grant or renew or extend a franchise; City of Winter Springs Ordinance No. 2010 -19 Page 12 of 21 (5) Regulate the rate charged for its services by the public utility, except as provided by law; . . : ' :.. • • (6) Convey or lease or authorize the conveyance or lease of any land of the city; (7) Adopt without amendment ordinances proposed under the initiative power; and (8) Amend or repeal any ordinance previously adopted, except as otherwise provided in Article 1X with respect to repeal of ordinances reconsidered under the referendum power. Section 5.04. Acting city manager. By letter filed with the commission, the manager shall designate, subject to approval by the commission, a qualified city officer to exercise the powers and perform the duties of manager during the manager's temporary absence or disability. During such absence or disability the commission may revoke such designation at any time and appoint another qualified officer of the city to serve until the manager shall return or the manager's disability shall cease. Section 6.02. City attorney. (a) The city commission, after receiving a nomination from either the mayor or a commission member(s) shall, by a vote of not less than four (4) commission members, appoint an officer of the city who shall have the title of city attorney. The city attorney shall represent the city in all legal proceedings and shall perform such duties as provided by this Charter, by the commission, or by law. 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 City of Winter Springs Ordinance No. 2010 -19 Page 13 of 21 fiscal year shall be made no later than six (6) months after the beginning of such fiscal year. If the state makes such an audit the commission may accept it as satisfying the requirement of this section. Section 12.01. Powers ly. I • •1 • • • •1 . • • 1 It I1 1 1 • • • 11 • we II • / ••• - - -• . / 111 • f'• • f 11 1 I.1 :1 • 1 - , • - - U 1 1/ 1 • 1.1 11 1 4111 ■ 11 •.1 ' oil I • .11' • •'• • 1 1 I. •11 •'• - • •■ 1 RESERVED. GENDER NEUTRAL TECHNICAL AMENDMENTS Section 4.02. Commission districts; adjustment of districts. (b) Districting commission. By the first day of February, 1991, the first day of February, 1992, and every three (3) years thereafter, the city commission shall appoint seven (7) city electors determined from the registration of the last regular election, one (1) to be appointed by each commissioner from his/her 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. Section 4.05. Mayor. At each regular election for the office of mayor, a mayor shall be elected at large for a term of four (4) years and shall serve until his 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, but shall have no administrative duties. The city commission shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs, shall become mayor for the remainder of the un- expired term of the mayor. City of Winter Springs Ordinance No. 2010 -19 Page 14 of 21 Section 4.08. Vacancies; forfeitures of office; filling of vacancies. (a) Vacancies. The office of the commissioner or mayor shall become vacant upon his their death, resignation, removal from office in any manner authorized by law or forfeiture of his 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 his their office if he a commissioner or mayor: (1) Lacks at any time during his their term of office any qualifications prescribed by this Charter or by law; or (2) Knowingly and willfully violates any express prohibition of this Charter; or (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive regular meetings of the commission without being duly excused by the commission. (c) Filling of vacancies. A vacancy in a commission member's seat shall be filled until the next regular election to be held for the office of the commissioner from that seat by a majority vote of all its remaining members. Section 4.09. Judge of qualifications. The commission shall be the judge of the election and qualifications of its members and of the grounds of forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require production of evidence. A member charged with conduct constituting grounds for forfeiture of his 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 to review by the courts. Section 5.03. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. He The city manager shall be responsible to the commission for the administration of all city City of Winter Springs Ordinance No. 2010 -19 Page 15 of 21 affairs placed in his their charge by or under this Charter. He The city manager shall have the following powers and duties: (1) He The city manager shall appoint and when the city manager he -deems it necessary for the good of the service, suspend or remove all city employees and appoint administrative officers provided for, by or under this Charter except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. He The city manager may authorize any administrative officer who is subject to his the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (2) He The city manager shall direct and supervise the administration of all departments, officers and agencies of the city except as otherwise provided by this Charter or by law. (3) He The city manager shall attend all commission meetings and shall have the right to take part in discussions but may not vote. (4) He The city manager shall see that all laws, provisions of this Charter and acts of the commission subject to enforcement by him -the city manager or by officers subject to his- the city manager's direction and supervision are faithfully executed. (5) He The city manager shall prepare and submit the annual budget and capital program to the commission. (6) He The city manager shall submit to the commission and make available to the public a complete report on the finances and administrative activities of the city at the end of each fiscal year. (7) He The city manager shall make such other reports as the commission may require concerning the operations of city departments, officers and agencies subject to his the city manager's direction and supervision. (8) He The city manager shall keep the commission fully advised as to the financial condition and future needs of the city and make such recommendations to the commission concerning the affairs of the city as the city manager he-deems desirable. (9) He The city manager shall perform such other duties as are specified in this Charter or may be required by the commission. Section 5.04. Acting city manager. By letter filed with the commission, the manager shall designate, subject to approval by the commission, a qualified city officer to exercise the powers and perform the duties of manager during his the city manager's temporary absence or City of Winter Springs Ordinance No. 2010 -19 Page 16 of 21 disability. During such absence or disability the commission may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his the city manager's disability shall cease. Section 7.07. Amendments after adoption. • (c) Reduction of appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues available will be insufficient to meet the amount appropriated, he the city manager shall report to the commission without delay, indicating the estimated amount of the deficit, and the remedial action by him the city manager and his the city manager's recommendations as to any other steps to be taken. The commission shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one or more appropriations. Section 9.03. Petitions. (c) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he the circulator personally circulated the paper, the number of signatures thereon, that all signatures were affixed in his the circulator's presence, that he the circulator believes them to be the genuine signatures of the persons['] name they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. Section 9.04. Procedure after filing. (a) Certificate of the clerk; amendments. Within twenty (20) days after the petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of a required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the clerk within two (2) days after receiving the copies of the clerk's certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copies of said certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 9.03 and within five (5) days after it is filed with the clerk, the clerk shall complete a certificate as to sufficiency of the petition as amended and promptly send a copy of said certificate to the petitioners' committee by registered mail as in the case of an original petition. When a petition City of Winter Springs • Ordinance No. 2010 -19 Page 17 of 21 or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request commission review under subsection (b) of this section within the time required, the clerk shall promptly present his-the clerk's certificate to the commission and the certificate shall then be a final determination as to the sufficiency of the petition. (B) Ballot Question. Concurrent with the general election scheduled for November 2, 2010 or as authorized in Section 1 of this Ordinance, the following question shall be placed on the ballot by the Seminole County Supervisor of Elections. TECHNICAL AMENDMENTS TO CITY CHARTER Shall the City Charter be amended to renumber sections 4.12 and 12.01, amend penalty provisions to comply with law, clarify the city commission can adopt ordinances regulating public utility rates except as provided by law, clarify the city commission can appoint a qualified acting city manager to act in the manager's absence or disability, clarify the city attorney is not required to represent the city in all legal proceedings, editing charter language to be gender - neutral? YES For Amending the City Charter. NO Against Amending the City Charter. SECTION 10. Coordination with Supervisor of Elections. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Seminole County to include the above- described questions on the ballot concurrent with the general election to be held on November 2, 2010 or as authorized in Section 1 of this ordinance. SECTION 11. Notice of Referendum Election. General notice shall be first published at least thirty (30) days prior to the November 2, 2010 general election or the date that the election is actually held in accordance with Section 1 of this ordinance. The publication of said notice shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the election is held, in the manner provided in Section 100.342, Florida Statutes, and substantially in the form attached hereto as Exhibit "A" or as otherwise lawfully provided. City of Winter Springs Ordinance No. 2010 -19 Page 18 of 21 SECTION 12. Payment of Referendum Expenses. The City Manager is hereby authorized and directed to approve the payment of lawful expenses associated with conducting the City Charter referendum election. SECTION 13. Voter Registration Books. The Supervisor of Elections for Seminole County is hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes are to be cast in such City Charter referendum, applicable portions of the registration books or certified copies thereof showing the names of the qualified electors residing in the City of Winter Springs. SECTION 14. Election Administration. The City Charter referendum shall be held and conducted in the manner prescribed by law and shall be as soon as practicable, be returned and canvassed in the manner prescribed by law. The result shall show the number of qualified electors who voted at such Charter referendum and the number of votes cast respectively for and against approval of the City Charter. Upon certification in the manner prescribed by law, the results shall be recorded in the minutes of the City Commission of the City of Winter Springs and upon this Ordinance. SECTION 15. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. SECTION 16. Recitals. The foregoing recitals contained in the whereas clauses are hereby fully incorporated herein by this reference as material legislative findings of the City Commission of the City of Winter Springs. SECTION 17. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida; however, each of the ballot proposals in Sections 2 through 9 shall only become effective, independent of any other ballot proposal, if a majority of the registered electors of the City of Winter Springs, Florida, who vote at the referendum election required by this Ordinance, approve the specific ballot question. The City Clerk is directed upon adoption of any of the proposed ballot proposals to promptly file any of the revised Charter approved by the registered electors of Winter Springs with the State of Florida, Department of State, as required by Section 166.031, Florida Statutes. • City of Winter Springs Ordinance No. 2010 -19 Page 19 of 21 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2010. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO - LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: Election Results: Section 2. Annexation of Property For Amending the Charter: Against Amending the Charter: _ Section 3 Governing Body Eligibility for Office For Amending the Charter: Against Amending the Charter: City of Winter Springs Ordinance No. 2010 -19 Page 20 of 21 Section 4. Governing Body Election and Terms For Amending the Charter: Against Amending the Charter: Section S. Filling of Vacancies For City Commissioners And The Mayor For Amending the Charter: Against Amending the Charter: Section 6 Removal of City Charter Officers For Amending the Charter: Against Amending the Charter: Section 7 Compensation of City Clerk For Amending the Charter: Against Amending the Charter: Section 8 Emergency Ordinances For Amending the Charter: Against Amending the Charter: Section 9 Technical Amendments For Amending the Charter: Against Amending the Charter: • City of Winter Springs Ordinance No. 2010 -19 Page 21 of 21 EXHIBIT "A" Ordinance No. 2010 -19 NOTICE OF CITY OF WINTER SPRINGS CHARTER REFERENDUM QUESTIONS Pursuant to the provision of Section 100.342, Florida Statutes, notice is hereby given that at a City Charter referendum election to be held on November 2, 2010, or such other date as may be authorized by law, there shall be submitted to the citizens of Winter Springs the questions described in Ordinance 2010 -19, adopted by the City Commission of the City of Winter Springs, Florida on the 9th day of August, 2010. The title of the Ordinance is as follows: ORDINANCE NO. 2010-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE NOVEMBER 2, 2010 GENERAL ELECTION OR AN ELECTION SCHEDULED THEREAFTER; PROVIDING FOR REFERENDUM QUESTIONS PROPOSING SEVERAL AMENDMENTS TO THE CITY CHARTER WHICH WOULD REVISE CHARTER SECTIONS RELATED TO ANNEXATION PROCEDURES, THE GOVERNING BODY, EMERGENCY ORDINANCES, AND CHARTER OFFICERS; PROVIDING A REFERENDUM QUESTION REGARDING ADDITIONAL TECHNICAL AMENDMENTS TO THE CITY CHARTER; PROVIDING FOR A NOTICE OF CITY OF WINTER SPRINGS CHARTER REFERENDUM QUESTIONS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. The ballot caption and referendum questions are as follows: Question #1 ARTICLE II, SECTION 2.03 ANNEXATION OF PROPERTY Annexation of land into the territorial limits of the City is governed by general law standards and procedures in Chapter 171, Florida Statutes. Should the City Charter be amended to delete specific city charter requirements for annexations so the charter reads, "The City Commission of Winter Springs, Florida, may annex land to the territorial limits of the municipality in accordance with the procedures set forth in Chapter 171, Florida Statutes as it now exists or as it may be renumbered or amended ?" YES For Amending the City Charter. NO Against Amending the City Charter. Question #2 ARTICLE IV, SECTIONS 4.01(b) GOVERNING BODY ELIGIBILITY FOR OFFICE The City Charter currently references a City Code section adopted by the City Commission which provides that candidates for city commission and the mayor prior to the time for qualifying reside in the City for one year and commissioners reside in the designated commission district for six months. That City Code section also establishes other qualifying requirements. Should the qualifying requirements set out in the City Code be set out in the City Charter? YES For Amending the City Charter. NO Against Amending the City Charter. Question #3 ARTICLE IV, SECTION 4.01(a), AND 4.03. GOVERNING BODY ELECTION AND TERMS The City Charter currently provides that the terms of the mayor and commissioners upon election shall begin on the first Monday after the first day of December of each year an election is held. Should the City Charter be amended to provide that such terms of office upon election shall begin at the next scheduled regular or special meeting of the city commission? YES For Amending the City Charter. NO Against Amending the City Charter. Question #4 ARTICLE IV SECTIONS 4.05, 4.08 FILLING OF VACANCIES FOR CITY COMMISSIONERS AND THE MAYOR Shall the City Charter be revised to require the remaining city commissioners to fill vacancies in any commission member seat or mayor's position by majority vote within the next two regular meetings of the city commission to serve until the next regular election, at which time the citizens will vote to fill the vacancy for the remainder of the term, or a new four year term if the previous term was set to expire? YES For Amending the City Charter. NO Against Amending the City Charter. Question #5 ARTICLE IV, V, AND VI, SECTIONS 4.10, 5.02 AND 6.02 REMOVAL OF CHARTER OFFICERS The City Charter currently requires a super- majority vote of at least four commission members to remove the city clerk, city attorney and city manager from office. Should the City Charter be amended to require only a simple majority vote of at least three commission members to remove the city clerk, city attorney and city manager? YES For Amending the City Charter. NO Against Amending the City Charter. Question #6 ARTICLE IV, SECTION 4.10 COMPENSATION OF CITY CLERK The City Charter does not currently specify who shall establish the compensation of the City Clerk, who is appointed by the City Commission. Shall the City Charter be amended to include a requirement that the City Commission establish the compensation of the City Clerk? YES For Amending the City Charter. NO Against Amending the City Charter. Question #7 ARTICLE IV, SECTION 4.15 EMERGENCY ORDINANCES The City Charter does not currently contain any provision specifically addressing the enactment of emergency ordinances by the city commission. Shall the City Charter be amended to create a new section that will provide that the city commission may enact emergency ordinances in accordance with Florida law, and require that such emergency ordinances be automatically repealed after sixty days unless repealed sooner by the commission? YES For Amending the City Charter. NO Against Amending the City Charter. Question #8 TECHNICAL AMENDMENTS TO CITY CHARTER Shall the City Charter be amended to renumber sections 4.12 and 12.01, amend penalty provisions to comply with law, clarify the city commission can adopt ordinances regulating public utility rates except as provided by law, clarify the city commission can appoint a qualified acting city manager to act in the manager's absence or disability, clarify the city attorney is not required to represent the city in all legal proceedings, editing charter language to be gender - neutral? YES For Amending the City Charter. NO Against Amending the City Charter.