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HomeMy WebLinkAboutWinter Garden CITY OF WINTER GARDEN, FLORIDA REVISED CHARTER 09-25-2007 PREAMBLE We the people of the City of Winter Garden, Florida, under the constitutions and laws of the United States of America and the State of Florida, in order to provide the benefits of local government responsive to the will and values of our citizens, do hereby adopt this charter to define the powers and structure of our government. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, citizen participation, and regional cooperation. We believe in an open, responsive government that abides by the highest ethical standards and operates as a careful steward of the human, fiscal, and natural resources of our city. ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS Sec. 1. Reaffirming the existing boundaries of the municipality. The inhabitants of the City of Winter Garden, Florida, within the corporate limits as now established, or as hereafter established in the manner provided by law, shall continue to be a municipal corporation in perpetuity, under the name of the "City of Winter Garden, Florida." The corporate limits as now established are on file in the city clerk's office. That said corporate limits may be extended from time to time as provided for in the Florida Statutes, without further amendment of this section, such up-to-date boundaries of the corporate limits shall be maintained in the office of the city clerk and are hereby adopted and incorporated as fully as if set out in length herein. Sec. 2. Form of government. The form of government of the City of Winter Garden provided for under this charter shall continue as a "commissioner-manager plan," and the commission shall consist of five (5) citizens, who shall be elected in the manner hereinafter provided. The commission shall constitute the governing body with powers as hereinafter provided to pass ordinances, adopt regulations and appoint a chief administrative officer to be known as the "city manager," and to exercise all other powers hereinafter provided. Sec. 3. Powers of city; general. The City of Winter Garden hereby created, established and organized, shall have all governmental, corporate, and proprietary powers and authority to enable it to conduct municipal government; perform municipal functions; and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. The powers of the City of Winter Garden shall be construed liberally in favor of the municipality, limited only by the Constitution, general law, and specific limitations contained herein. The specific mention of particular powers in the charter shall not be construed as limiting in any way the general power granted in this section. 1 Sec. 4. Present ordinances continued in force. All ordinances and parts of ordinances now in force in said municipality, which are not in conflict with the provisions of this charter, or with the Constitution and laws of the State of Florida, shall be and remain in full force and effect until repealed by law or ordinance. Sec. 5. Sale of Alcoholic Beverages. All regulations affecting the location of any establishment selling intoxicating liquor, wine, or beer for consumption on the premises shall be subject to a referendum of the voters; and except for restaurants that derive more than fifty-one (51) percent of their annual revenue from the sales of food and nonalcoholic beverages served for consumption on the premises, any establishment selling intoxicating liquors, wine, or beer, for consumption on the premises, shall not be located less than 1200 feet from a school or an established church within the corporate limits of the city. [Secs. 6,7,8,9,10. Reserved.] ARTICLE II. THE CITY COMMISSION Sec. 11. Number, selection, term, compensation. (1) There shall be a city commission consisting of a mayor-commISSIOner who shall represent the entire city and be elected at large by the voters of the city, and four (4) commissioners each of whom shall represent a single member district and be elected by the voters in the district they represent. The mayor-commissioner and commissioners shall be qualified as hereinafter prescribed, and their term of office shall begin on the first regular meeting of the city commission after their election. The term of office of the mayor-commissioner and the commissioners shall be three (3) years. (2) The present members of the city commission shall hold their seats for the term of office for which they were respectively elected, or until their successors have been elected and take office. (3) The mayor-commissioner shall preside as chairperson of meetings of the commission, represent the city in intergovernmental relationships, present an annual state of the city message, and perform other duties as specified by the commission. The mayor- commissioner 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 mayor-commissioner as a city commission member shall have a voice and a vote in the proceedings of the commission; but no veto power. (4) At the first regular commission meeting after an election, including any runoffs and swearing in of commissioner(s), the commission shall elect from among its members a mayor pro-tem, who shall serve until a successor is elected. The mayor pro-tem shall act as mayor during the absence or disability of the mayor. 2 (5) The commission may determine the annual salary of the mayor-commissioner and the commissioners by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of the mayor-commissioner and/or commissioners elected at the next regular election, provided that such election follows the adoption of such ordinance by at least six (6) months. The mayor-commissioner and the commissioners shall receive their actual and necessary expenses incurred in the performance of their duties of office. Sec. 12. Qualifications. (1) Candidates. Candidates for the city commission shall have been residents of the city and of the district in which they run for one (1) year immediately prior to the end of the qualifying period for the office and shall be registered voters in their district for said period, and shall maintain residency and voter registration in such district. Notwithstanding the foregoing, in the event a qualified candidate for commissioner fails to meet the residency and voter registration requirements for holding office solely as the result of a redistricting that occurs after the qualifying period for the election of such office, such qualified candidate for commissioner may continue to run for the office which he/she qualified and if elected, serve without forfeiture under section 15 for the remainder of his/her term provided the qualified candidate maintains his/her residency and voter registration existing at the time of redistricting while running for office and, if elected, while serving as commissioner. (2) Members. Members of the city commission must maintain the foregoing qualifications in subsection (1) during their term of office. In the event a commissioner fails to meet the residency and voter registration requirements for holding office solely as the result of a redistricting or charter revision that occurs during the term of office, such commissioner shall not be deemed to have forfeited such office and may continue to serve in office for the remainder of the commissioner's term provided the commissioner maintains his/her residency and voter registration existing at the time of redistricting. Sec. 13. Powers of city commission. All powers of the city shall be vested in the city 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. Sec. 14. Prohibitions. (1) Appointments and Removals. Neither the city commission nor any of its members shall control, demand, direct or request the appointment or removal of any city administrative officer or employee whom the city manager or any of the city manager's subordinates is empowered to appoint or hire. (2) Interference with Administration. Except for the purpose of an investigation pursuant to this charter, the city commission and its members shall deal with the city administrative officers and employees solely through the city manager, and neither the city commission 3 nor any members thereof shall give orders to any subordinates of the city manager, either publicly or privately. (3) Holding other Office. Except where authorized by law, members of the city commission shall not hold any other public office. No commission member shall hold any employment with the city during the commission member's term of office. No former commission member shall hold any compensated appointed office or employment with the city until one (1) year after the end of such member's last term of office. Nothing in this section shall be construed to prohibit the commission from selecting any current or former commission member to represent the city on the governing board of any regional or other intergovernmental agency, or from selecting any current commissioner to serve on a municipal board as an ex officio member. Sec. 15. Forfeiture of Office. A city commission member shall forfeit his/her office if during the term of office such commISSIOner: (a) Fails to maintain residency and voter registration requirements of section 12 of this charter; (b) Violates any express prohibition of this charter; (c) Is convicted of a crime involving moral turpitude; or (d) Fails to physically attend three (3) regular, consecutive commission meetings without being excused by the city commission. Sec. 16. Judge of Forfeiture. The city commission shall be the judge of the grounds for forfeiture of office for its members. In order to exercise these powers, the commission shall have the power to subpoena witnesses, administer oaths, and require the production of evidence. A commission member charged by two or more commissioners with conduct constituting grounds for forfeiture of office shall, upon request within five (5) business days of written notification of the charge, be entitled to a public hearing. Notice of such public hearing shall be published in a newspaper of general circulation in the city at least one week in advance of the hearing. At least three (3) members of the commission must approve the forfeiture of office of any commission member. Sec. 17. Vacancies in commission. (1) The office of mayor-commissioner or commissioner shall become vacant upon the death, resignation, forfeiture or removal from office in any manner prescribed by law or this charter. (2) Unless otherwise prescribed by general law, a vacancy on the commission shall be filled in the following manner: (a) If there are six (6) months or less remaining in the unexpired term of the vacant office, within thirty (30) days of the occurrence of the vacancy, the commission by majority vote of its remaining members shall appoint a qualified person to fill the vacant office to serve the remainder of the term. Within fifteen (15) days of the occurrence of 4 the vacancy, those persons interested in qualifying for appointment to the vacant office shall submit to the city clerk their name and other such information showing that they meet the qualifications for holding office pursuant to Section 12 of this charter. After the fifteen (15) day qualifying period, but before the expiration of thirty (30) days after the occurrence of the vacancy, the commission shall hold a special meeting for the purpose of filling the vacancy and at such meeting allow public comment on the matter. If the commission does not appoint a qualified person by the expiration of thirty (30) days after the occurrence of the vacancy, the vacant office shall be filled by drawing lots among the qualified persons receiving at least two (2) votes from the remaining commission members. (b) If there are more than six (6) months remaining in the unexpired term of the vacant office, the commission shall schedule a special election to fill the vacancy and such election shall be held not sooner than forty-five (45) days and not later than sixty (60) days following the occurrence of the vacancy. Sec. 18. Induction of commissioners into office; meetings. (1) All meetings of the city commission and of the committees thereof shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. The commission shall determine its own rules and order of business and shall keep minutes of its proceedings. (2) The first meeting of newly elected mayor-commISSIoner and/or commISSIOners for induction into office, shall be held at the first regular meeting following their election, after which the commission shall meet regularly at such times as may be prescribed by its rules, but not less frequently than once each month. (3) The mayor-commissioner or any two (2) members of the commission may call special meetings of the city commission through the city clerk's office, upon no less than twelve (12) hours' notice to each commissioner delivered in a reasonable manner. (4) The mayor-commissioner or any two (2) members of the commission may convene an emergency commission meeting upon reasonable notice of such meeting given to each commission member. The first order of business at an emergency commission meeting shall be the determination, by affirmative vote of at least three (3) members of the commission that an emergency situation involving health, safety, or public welfare warranting commission action exists. Only matters relating to the emergency may be considered at the emergency meeting and any action taken at such meeting must be approved by at least three (3) members of the commission, except for emergency ordinances which shall be adopted in accordance with this charter. Sec. 19. Legislative procedure. A majority of all members elected to the city commission shall constitute a quorum, but a less number may adjourn from day to day and compel the attendance of absent members in such a manner and under such penalty as may be prescribed by ordinance. The affirmative vote of three (3) members shall be necessary to adopt any ordinance or resolution. 5 Sec. 20. Adoption of ordinances; procedure; effective date. (1) All action by the city commission of a legislative character shall be by ordinance. Every proposed ordinance shall be introduced in written or printed form, and shall embrace but one subject and matter properly connected therewith, which subject shall be briefly expressed in the title; but general appropriation ordinances may contain the various subjects and accounts for which moneys are to be appropriated. The enacting clause of all ordinances shall be, "Be it Enacted by the City of Winter Garden." (2) A proposed ordinance may be read by title, or in full, on at least two (2) separate days and shall, at least ten (10) days prior to adoption, be noticed once in a newspaper of general circulation in the City of Winter Garden and the notice shall state the date, time and place of the meetings, the title or titles of proposed ordinances, and the place or places within the municipality where such proposed ordinances may be inspected by the public and comply with applicable statutory notice requirements. Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (3) After such hearing, the commission may finally pass such ordinance with or without amendment. The second passage of any ordinance shall be final and no further passage shall be required. All adopted ordinances shall become effective ten (10) days after adoption unless otherwise specified therein. (4) If a proposed ordinance is defeated either on the first or second reading, the same cannot be again reconsidered for a period of ninety (90) days. Sec. 21. Emergency measures. The city commission by affirmative two-thirds vote of the total commission may enact ordinances dealing with emergencies at the meeting at which they are introduced. Any new and unexpected condition or occurrence of a nonrecurring nature that constitutes an immediate and serious menace to the public welfare of the city, shall be deemed an emergency. When no expenditure of city funds is entailed, emergency ordinances may be temporarily effective for a period of not more than fifteen (15) days from the date of their passage; but such ordinances shall be subject to all other provisions of this charter governing the enactment of ordinances, and if not finally adopted in the manner herein provided shall expire at the end of the time for which they are temporarily effective. An emergency ordinance authorizing the expending of funds by the city for other than a regular or recurring requirement, may be effective upon any date fixed in the ordinance by the city commission. Every emergency ordinance shall set forth specifically the conditions or occurrences that create the emergency, and shall be printed in full in the first issue of any newspaper thereafter published and of general circulation in the City of Winter Garden, in addition to the other publications required herein, and shall be captioned as an emergency ordinance. Sec. 22. Revision of ordinances. 6 The city commission may from time to time revise, compile, and codify the ordinances of the city and upon adoption of such revision and compilation, the same shall be in full force and effect without further publication, as provided in the Florida Statutes. Sec. 23. Repeal of ordinances. The repeal of an ordinance shall not repeal the repealing clause of such ordinances, or revive any ordinance which has been repealed thereby. Sec. 24. Investigations. The city 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. Sec. 25. Commission Districts; adjustment of districts. (I) There shall be four (4) city commission districts. Each district shall be formed of compact, contiguous territory, and its boundary lines shall follow the center lines of streets whenever possible. The aggregate length of all district boundaries shall be as short as possible. The districts shall be approximately equal in population based upon the principal of equal and effective representation as required by the federal and state constitutions. Deviation in the population of a district when formed may not exceed five (5) percent of the average population for all commission districts. (2) A five (5) member districting commission shall be created to study and propose the readjustment of district boundaries when required herein. The five (5) member districting commission shall be appointed in the following manner. The mayor-commissioner shall appoint one (1) elector who resides in the city and each of the four (4) commissioners shall appoint one (1) elector who resides in their respective district. Residency of the districting commission members is to be determined from the most current voter registration rolls. Each appointment to the districting commission shall be confirmed by a majority vote of the city commission. Electors chosen shall not be employed by the city. (3) A districting commission shall be created upon the following circumstances: (a) Within forty-five (45) days following official certification of the decennial census of the state; or (b) Commencing on April 30, 2008, if the population of any district in the city becomes fifty (50) percent greater than the population of the smallest district prior to the decennial census of the state, unless such occurs within one (1) year of the decennial census. The city shall annually review the estimated population of each district. (4) Within one hundred and twenty (120) days of being created, the districting commission shall file with the official designated by the city commission, a report containing a recommended plan for adjustment of the commission district boundaries. The report shall include a map and 7 description of the proposed districts and shall be drafted in the form of a proposed ordinance and upon filing shall be treated as an ordinance introduced by a commissioner. (5) It shall be the responsibility of the city manager to provide staff assistance and technical data to the districting commission. (6) 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 ordinance is published pursuant to this charter and general law, it must include both the map and a description of the recommended districts. (7) The commission shall adopt a redistricting ordinance at least ninety (90) days before the next regular city election, however if the commission fails to do so, the report of the districting commission shall go into effect at that time and have the effect of an ordinance. ARTICLE III. CITY MANAGER Sec. 26. Appointment of city manager; written contract. The city commission shall appoint a city manager, who shall have the powers and perform the duties provided in this Charter. No city commissioner shall be appointed city manager during the term for which the commissioner was elected, nor within one (1) year after the expiration of the commissioner's term. The city manager will be hired by the city under a written employment contract, the terms of which must be approved by an affirmative vote of at least three (3) commissioners before said contract can be effective. In no event shall the city manager be hired pursuant to a written employment contract for a term of employment in excess of four (4) years. At the expiration of such contract, the city commission must decide by an affirmative vote of at least three (3) commissioners either to retain the city manager pursuant to a written employment contract or terminate the city manager. Sec. 27. Removal of city manager Prior to the end of the city manager's contract, the city commission may remove the city manager by an affirmative vote of at least three (3) of its members. At least thirty (30) days before such removal shall become effective, the commission shall by an affirmative vote of at least three (3) of its members adopt a preliminary resolution stating the reasons for the city manager's removal. The manager may reply in writing and may request a public hearing, which shall be held not earlier than twenty (20) days nor later than thirty (30) days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the city commission by an affirmative vote of at least three (3) of its members may adopt a final resolution of removal. By the preliminary resolution the city commission may suspend the city manager from duty, but shall in any case continue to pay full salary to the city manager until the effective date of a final resolution of removal. Upon the expiration of the city manager's contract, the above process is not applicable and the city commission may remove the city manager by an affirmative vote of at least three (3) commissioners. 8 Sec. 28. Qualifications. The city manager shall be chosen by the city commission solely on the basis of executive and administrative qualifications, with special reference to actual experience in, or knowledge of, accepted practice in respect to the duties of the office as hereinafter set forth. At the time of the city manager's appointment, and for a period of ninety (90) days thereafter, the city manager need not be a resident of the city, but during the city manager's tenure of office the city manager shall reside within the city. The city commission may extend the residency requirement for good cause shown. Sec. 29. Absence, disability or suspension To perform the city manager's duties during the temporary absence or disability of the city manager, not to exceed thirty (30) days, the city manager shall designate, by letter filed with the city clerk, a qualified administrative officer of the city. In the event of the failure of the city manager to make such designation, the city commission may by resolution appoint an officer of the city to perform the duties of the city manager until the city manager returns, or the city manager's disability ceases. Sec. 30. Powers and duties The city manager shall be the chief executive officer of the city and responsible to the city commission for the management of all city affairs placed in the city manager's charge by or under this charter. Subject to Florida Statutes as from time to time amended, the city manager shall : (1) Appoint, suspend and remove all city employees and appointive administrative officers, except as otherwise provided by law, this charter, or city ordinances. The city manager may authorize any administrative officer to exercise these powers with respect to city employees and officers that are within, or subordinates of that administrative officer's department, office, or agency, subject to the city manager's direction and supervision; (2) Direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or law; (3) The city manager shall have the right to take part in discussion at City Commission meetings but shall not vote; (4) See that all laws, provisions of this charter and acts of the city commission, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed. (5) Prepare and submit the annual budget and capital program to the city commission, and implement the final budget as approved by the city commission to achieve the goals of the city; 9 (6) Submit to the city commission and make available to the public, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the preceding year; (7) Make such other reports as the city commission may require concerning operations; (8) Keep the city commission fully advised as to the financial condition and future needs of the city; (9) Make recommendations to the city commission, concerning the affairs of the city and facilitate the work of the city commission in developing policy; (10) Provide staff support services for the mayor-commissioner and commission members; (11) Assist the city commission to develop long term goals for the city and strategies to implement these goals; (12) Encourage and provide staff support for regional and intergovernmental cooperation; (13) Promote partnerships among commission, staff, and citizens in developing public policy and building a sense of community; (14) Have the authority to execute contracts and other documents on behalf of the city to carry out the city's business and to effectuate the directives of the city commission; and (15) Perform such other duties as are specified in this charter or may be required by the city commission not inconsistent therewith. [Sec. 31. Reserved.] ARTICLE IV. CITY DEPARTMENTS AND OFFICERS Sec. 32. Departmental organization. (1) All department heads shall be appointed and may be removed by the city manager, unless otherwise provided herein. (2) Each department as herein established, except the city auditor and the city attorney, shall be administered by an officer designated by, and subject under this Charter to the direction and supervision of the city manager. With the consent of the commission, the city manager may serve as the head of one or more departments; provided, however, the city manager shall not serve as the head of any department set out in Article IV of this charter. (3) The work of each department shall be distributed among such divisions thereof as may be established by ordinance upon the recommendation of the city manager. Pending the passage of an ordinance or ordinances distributing the work of the departments under the supervision and control of the city manager among specific divisions thereof, the city manager shall establish temporary divisions. 10 (4) Employees of the city may hold more than one position in the City of Winter Garden. Sec. 33. City clerk. The city commission shall by an affirmative vote of at least three (3) commissioners, appoint and have the power to remove a city clerk who shall: (1) Give notice of city commission meetings to its members and the public. (2) Keep the minutes of city commission proceedings and its committees. (3) Be the custodian of the city seal, all ordinances and resolutions and all records and papers of a general or permanent character pertaining to the affairs of the city. (4) Have the power to administer oaths. (5) Serve as the supervisor of municipal elections and be responsible for the conduct of such elections in the manner prescribed by state law, this charter, and city ordinances; provided, however, the city commission may delegate any or all such municipal election duties and/or authority to the County Supervisor of Elections as deemed necessary by the city commission. (6) Perform such other duties as are assigned by this charter, the city commission, the city manager and state law. In the event of a conflict among duties assigned to the city clerk, the duties assigned by state law, this charter, the city commission and the city manager, shall control in that order. The city manager shall not interfere with the city clerk's performance of duties set forth in subsections (1) - (5), unless otherwise approved by the city commission. Sec. 34. City attorney. The city commission shall by an affirmative vote of at least three (3) commissioners, appoint and have the power to remove and establish the compensation for a city attorney who shall be the chief legal advisor of all offices, departments and agencies and of all officers and employees in matters relating to their official duties. It shall be the duty of the city attorney to perform all services incident to the position as may be required by statute, by this charter or by ordinance. Sec. 35. Police department; chief of police. (1) There is hereby created in the city a police department for the preservation and enforcement of law and order within the city. Such police department shall be composed of a chief of police and as many subordinate officers and employees as the city manager may direct. (2) The chief of police will be hired and removed by the city manager with confirmation by a majority vote of the total city commission. The chief of police shall have exclusive control of the stationing and transfer of all officers and employees constituting the police force, subject to the 11 approval of the city manager, or under such rules and regulations as may be prescribed by the ordinances of the city. (3) The chief of police shall perform such other duties appropriate to the office as may be imposed upon the chief by law, the ordinances of the city, and by direction of the city manager, consistent with this charter. [Secs. 36, 37. Reserved] ARTICLE V. ELECTIONS Sec. 38. Referendum. Whenever a referendum vote is required by general laws of the state, by this charter or by resolution of the city commission it shall be held in accordance with the provisions as set forth herein. Sec. 39. Conduct generally. Except as specifically provided herein or by ordinance, all elections in the city, the qualification of electors and the registration of voters shall be conducted in accordance with general law . Sec. 40. Party insignia on ballots; form to be as in state, county elections. All ballots used in any special or regular election held under authority of this charter, shall be without party mark or designation and without any insignia or mark of any association or organization thereon, and shall be substantially in the form as the elections ballots used in state and county elections. Sec. 41. Qualification of candidates in districts; time; procedure; runoff election. (a) The city clerk, as the registration officer, shall designate the city commission by individual districts, with commissioners designated districts 1 through 4 and the mayor- commissioner designated district 5 elected at-large. (b) All candidates for office of the mayor-commissioner or commissioners shall register their names, together with the name of the district to which they aspire, with the city clerk. The period within which this registration must occur shall be determined by ordinance. (c) The winner of a district election shall be the candidate receiving a majority of the votes cast within the district general election, which majority of the votes shall mean greater than fifty percent (50%) of the votes cast. Ifno candidate receives a majority of votes cast within a district general election, a runoff election shall be held on the date specified by ordinance and the two (2) candidates receiving the greatest votes within a district shall be the only candidates on the ballot for such runoff election. In the event of a tie during the runoff election, the winner of the runoff election shall be selected by a flip of a coin. 12 (d) In the event there is only one qualified candidate running for office of mayor- commissioner or commissioner, such qualified candidate shall be deemed the winner of the election without the need to hold the district general election for such district. Sec. 42. Fee; withdrawal. The city commission shall by ordinance or resolution determine the amount of a registration fee appropriate to the cost involved, if any, to be paid to the city clerk upon registration. Any candidate may withdraw at any time before the form for the election ballots are delivered to the printer for printing, but in no event shall the registration fee be returned or refunded. Sec. 43. General elections. A general election of candidates to the office of mayor-commISSIoner or city commissioner shall be held each year in which the term of office for mayor-commissioner or a city commissioner expires on the date specified by ordinance duly adopted by the city commission of the City of Winter Garden. Sec. 44. Special elections. Special elections for any purpose other than a runoff election as hereinbefore provided shall be held in the same manner as a regular election except the city commission, by resolution, shall fix the time of holding such special election and the question to be balloted. Sec. 45. Write-in candidates. The provisions of the general laws of the State of Florida governing write-in candidates shall be applicable to general and special elections held within the city. Sec. 46. Absentee voting. The provisions of the general laws of the State of Florida governing absentee voters shall be applicable to general, recall and special elections held within the city. Sec. 47. Polling places. The city commission shall adopt the polling places as designated by the Orange County supervisor of elections. Sec. 48. Canvassing Board. (1) A city canvassing board shall be established for the purposes of canvassing ballots and election results. The canvassing board shall be composed of the city clerk and two (2) citizens who shall be selected by majority vote of the city commission. A third and fourth citizen shall also be selected by majority vote of the city commission to serve as a first and second alternate canvassing board member. The canvassing board members shall be appointed at least ninety 13 (90) days before July 15t of each year and shall serve a one year term commencing on July 15t and ending June 30th the following year, or until their successors are appointed. (2) The canvassing board shall meet on the night of the election at the close of the polls or as soon thereafter as practicable to publicly canvass the vote as shown by the returns then on file in the office of the city clerk, adjourn as needed, and meet again in the subsequent days as provided by ordinance to count absentee ballots and provisional ballots. (3) Election returns shall be canvassed in the manner as provided by general law, ordinance and this charter. The city clerk shall, after the canvass of said election, furnish a certificate of election to be recorded in the minutes of the first city commission meeting thereafter. (4) If required by statute, or authorized by a majority vote of the City Commission, the duties of the canvassing board with regard to a particular election may be delegated to the County Canvassing Board or such other governmental canvassing entity as established pursuant to interlocal agreement. If the duties of the canvassing board are delegated in accordance with this section, the entity to which such duties are delegated shall not be bound to those canvassing procedures provided by city ordinance and charter and shall otherwise canvass the election subject to those laws, rules, procedures, and guidelines to which such entity is ordinarily bound. The city clerk shall obtain a certification of the results of the election from the canvassing entity to which canvassing duties have been delegated and shall submit such certification to the City Commission to be recorded in the minutes of the next City Commission meeting. [Sections 49, 50, 51, 52, 53, 54 Reserved] ARTICLE VI. INITIATIVE AND CITIZEN REFERENDUM. Sec. 55. Initiative and Referendum. (1) Initiative. The registered voters of the city shall have power to propose ordinances to the city commission and, if the city commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, but such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes, comprehensive planning, zoning, or salaries of city officers or employees. (2) Citizen Referendum. The registered voters of the city shall have the power to require reconsideration by the city commission of any adopted ordinance and, if the commission fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, but such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes, comprehensive planning, zoning, or salaries of city officers or employees. Sec. 56. Commencement of proceedings. Any five (5) registered voters of the city may commence initiative or citizen referendum proceedings by filing with the city clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the 14 committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk or other official designated by the commission may, at the committee's request, issue the appropriate petition blanks to the petitioners' committee at the committee's expense. Sec. 57. Petitions. (1) Number of signatures. Initiative and citizen referendum petitions must be signed by registered voters of the city equal in number to at least ten (10) percent of the total number of voters registered to vote in the city in the calendar month prior to the month in which the petition is filed. (2) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (3) 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 or she personally circulated the paper, the number of signatures thereon, that all signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of the persons whose names 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. (4) Time for filing citizen referendum petitions. Citizen referendum petitions must be filed within thirty (30) days after adoption by the commission of the ordinance sought to be reconsidered. Sec. 58. Procedure for filing. (1) Certificate of clerk; amendment. 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. Grounds for insufficiency are only those specified in Section 57. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the clerk or other official designated by the city commission within two (2) days after receiving the copy of the certificate and files a supplementary petition with additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of paragraphs 1 and 2 and within five (5) days after it is filed, the clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient, and the petitioner's committee does not elect to amend or request commission review under paragraph (2) of this section within the time required, the clerk shall 15 promptly present his or her certificate to the commission and the certificate shall then be a final determination as to the sufficiency of the petition. (2) Commission review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request that it be reviewed by the city commission. The city commission shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the commission's determination shall then be a final determination as to the sufficiency of the petition. (3) Court review; New petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. Sec. 59. Action on petitions. (1) Action by commission. When an initiative or citizen referendum petition has been finally determined sufficient, the city commission shall promptly consider the proposed initiative ordinance in the manner provided in Article II or reconsider the referred ordinance by voting its repeal. If the commission fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city. (2) Submission to voters. The vote of the city on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than one (1) year from the date of the final city commission vote thereon. If no regular city election is to be held within the period prescribed in this subsection, the commission shall provide for a special election otherwise the vote shall be held at the same time as such regular election, except that the commission may, in its discretion, provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. (3) Withdrawal of petitions. An initiative or citizen referendum petition may be withdrawn at any time prior to the fifteenth (15th) day preceding the day scheduled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least two-thirds (2/3 rds) of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated. Sec. 60. Results of election. (1) Initiative. If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the city commission. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. 16 (2) Citizen Referendum. If a majority of the registered voters voting on a referred ordinance vote against it, it shall be considered repealed upon certificated of the election results. ARTICLE VII. CHARTER REVIEW AND AMENDMENT. Sec. 61. Charter Review; amendment. (1) Charter Review. The city commission shall appoint a citizens' charter review committee to review this charter a minimum of once every eight (8) years and to report its proposed changes, if any, to the city commission. (2) Charter Amendment. This charter may be amended in accordance with general law. ARTICLE VIII. FISCAL MANAGEMENT Sec. 62. Fiscal Year. The fiscal year of the city shall begin on the first day of October and end on the thirtieth day of September of each year. Sec. 63. Submission of budget; budget message. Each year, the city manager shall submit to the city commission a budget in accordance with state law and an accompanying message. Sec. 64. Budget. The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the city manager deems desirable or the city commission may require for effective management and understanding of the relationship between the budget and the city's strategic goals. Sec. 65. Amendments after adoption. (1) Supplemental appropriations. If during the fiscal year the city manager certifies that there are available revenues for appropriation in excess of those estimated in the budget, the city commission by ordinance may make supplemental appropriations for the year up to the amount of such excess. (2) Emergency appropriations. To address a public emergency affecting life, health, property or the public peace, appropriations may be made by an emergency ordinance. To the extent that there are no available unappropriated revenues or fund balances to meet such appropriations, the city commission may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time; but the emergency notes and renewals of any fiscal year shall be paid no later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. 17 (3) Reduction of appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the city manager shall report to the city commission, without delay, the estimated amount of the deficit, any remedial action taken by the city manager and the city manager's recommendations as to any other steps to be taken. The city commission shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce one or more appropriations. (4) Transfer of appropriations. At any time during the fiscal year, the city commission may by resolution transfer part or all of any unencumbered appropriation balance from one department, fund, service, strategy or organizational unit to the appropriation for other departments or organizational unit or a new appropriation. The city manager may transfer funds among programs within a department, fund, service, strategy or organizational unit and shall report transfers to the city commission in writing in a timely manner. (S) Limitations; effective date. No appropriation for debt service may be reduced or transferred, except to the extent that the debt is refinanced and less debt service is required, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. Sec. 66. Capital Program. The city commission shall follow state law in the submission and adoption of a capital program. Sec. 67. Issuance of Bonds. The city may issue general obligation bonds, revenue bonds, excise tax bonds, sales tax bonds, other bonds, certificates of indebtedness and other forms of indebtedness in accordance with state law. Sec. 68. Independent Audit. The city commission shall provide for an independent annual audit of all city accounts in accordance with state law. [Sec. 69 Reserved] ARTICLE IX. MISCELLANEOUS PROVISIONS Sec. 70. Severability clause. If any section or part of a section of this charter proves to be invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any other section or part of section of this charter, unless it clearly appears that such other section or part of a 18 section is wholly or necessarily dependent for its operation upon the section or part of section held to be constitutional or invalid. 19