Ordinance 12-1990 ORDINANCE NO. 12 -1.990
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
PROPOSING AN AMENDMENT TO THE CHARTER OF THE
CITY OF LONGWOOD, FLORIDA, CONCERNING ARTICLE VI,
SECTION 6.10(b) TO AMEND SUCH PROVISION TO REQUIRE
VOTER APPROVAL BY REFERENDUM TO AUTHORIZE THE
ISSUANCE OF DEBT SECURED BY A PLEDGE OF AD
VALOREM TAXATION FOR THE PURPOSE OF
CONSTRUCTION OF ANY CAPITAL IMPROVEMENT, OR
LEASE OR PURCHASE OF REAL PROPERTY, THE MA'T'URITY
OF WHICH EXCEEDS TWELVE MONTHS AFTER ISSUANCE,
IN PLACE OF THE RESTRICTION ON SPENDING OF FUNDS
EXTENDING BEYOND THE END OF ANY FISCAL YEAR;
PROVIDING THAT SAID PROPOSED CHARTER AMENDMENT
BE SUBMITTED TO THE VOTERS AT THE NEXT GENERAL
ELECTION HELD ON TUESDAY, NOVEMBER 6, 2012;
PROVIDING THAT IF APPROVED, SUCH AMENDMENT SHALL
BE INCORPORATED INTO THE CITY CHARTER; PROVIDING
FOR CODIFICATION, SEVERABILITY, CONFLICTS AND AN
EFFECTIVE DATE.
WHEREAS, Section 166.031, Florida Statutes, provides for the adoption of an ordinance
submitting amendments to the City of Longwood's Charter to the electors of the City for
approval;
WHEREAS, the City Commission of the City of Longwood, Florida, has met and
reviewed the City Charter; and
WHEREAS, Section 6.10(b) of the City Charter contains ambiguous language regarding
the requirement for voter approval by referendum concerning the City Commission spending
funds derived from any source for the purpose of the construction of any capital improvement or
lease or purchase of real property, the payment of which extends beyond the end of any fiscal
year; and
WHEREAS, Article VII, Section 12, Florida Constitution, provides for voter approval
prior to a municipality's issuance of bonds and debt for capital projects as follows:
SECTION 12. Local bonds.- Counties, school districts, municipalities,
special districts and local goverrimental bodies with taxing powers may
issue bonds, certificates of indebtedness or any form of tax anticipation
certificates, payable from ad valorem taxation and maturing more than
twelve months after issuance only:
City of Longwood
Ordinance No. 12 -1990
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(a) to finance or refinance capital projects authorized by law and only
when approved by vote of the electors who are owners of freeholds therein
not wholly exempt from taxation; or
(b) to refund outstanding bonds and interest and redemption premium
thereon at a lower net average interest cost rate.
WHEREAS, the City Commission desires to propose an amendment of Section 6.10(b)
of the City Charter as specified in this Ordinance to the voters of the City of Longwood; and
WHEREAS, the City Commission of the City of Longwood, Florida, proposes the
following amendment to the Charter of the City of Longwood be submitted to the voters of the
City of Longwood at the next General Election on Tuesday, November 6, 2012.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1 . Amendment #2 . The following amendment to the Charter of the City of
Longwood is submitted to the qualified electors of the City of Longwood and upon approval by
the qualified electors, Section 6.10(b) of the City Charter shall be amended to read as follows:
Section 6.10. - Administration of budget.
(b) Spendin g Borrowing of funds to be authorized by referendum. Unless authorized by the
voters at a duly held referendum, the city Eem i shall not issue debt spend or- allow to be
spent any ftinds derived from any seiifee secured by pledge of ad valorem taxation for the
purpose of construction of any capital improvement, or lease or purchase of real property, the
payment maturity of which extends beyond twelve months after issuance.
Key: Delete, Strikethrough
Insert Underline
SECTION 2 . Amendment #2 Ballot Ouestion The ballot title and summary of the
charter amendment referenced in Section I herein, followed by the words "yes" and "no" shall
be set forth as follows on the ballot at the regular election on November 6, 2012, for
consideration by the qualified electors of the City of Longwood, Florida:
PROPOSED CHARTER AMENDMENT
City of Longwood
Ordinance No. 12 -1990
Page 2 of 4
QUESTION #2
CHARTER AMENDMENT - VOTER AUTHORIZATION FOR CITY
ISSUANCE OF DEBT PLEDGING AD VALOREM TAXES.
Shall Section 6.10(b) of the City Charter be amended to be similar to Article VII,
Section 12, Florida Constitution, to require voter authorization for the City's
issuance of debt secured by a pledge of ad valorem taxation for the purpose of
construction of any capital improvement, or lease or purchase of real property, the
maturity of which extends beyond twelve months after issuance, which replaces
voter authorization for spending funds extending beyond a fiscal year?
YES
NO
SECTION 3 . Referendum The forgoing proposed amendment to the Charter of the
City of Longwood above and its accompanying ballot question contained herein shall be
individually placed on the City ballot and submitted to the qualified voters of the City of
Longwood at the next General Election on Tuesday, November 6, 2012. The qualified voters
shall have an opportunity to vote on the proposed amendment to the Charter. Thereafter, the
Charter of the City of Longwood, Florida shall be amended pursuant to the proposed amendment
if such amendment receives "yes" or affirmative vote from the majority of the votes cast. The
City Clerk of the City of Longwood is hereby authorized and directed to advertise the
referendum election authorized herein in accordance with the applicable provisions of the City
Charter, City Code, Florida Statutes, Florida Administrative Code, and federal law. In. the event
it becomes necessary to make modifications to the ballot question contained within Section 2
after adoption of this Ordinance, the City Commission may ;make such modification by
Resolution.
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SECTION 4. Codification It is the intention of the City Commission of the City of
Longwood that the Charter Amendment proposed in Section 1 of this Ordinance shall become
and be made a part of the Charter of the City of Longwood, Florida, if adopted by the qualified
electors of the City of Longwood. Articles, sections, and subsections of the Charter may be
renumbered or relettered for editorial and codification purposes and such renumbering and
reletter:ing shall not constitute nor be considered substantive changes to the charter amendment
as adopted.
SECTION 5 . Severability The provisions of this Ordinance are declared to be
separable and if any section, sentence, clause, or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences,, clauses, or phrases of this Ordinance but they shall remain in effect, it being
the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
City of Longwood
Ordinance .No. 12 -1990
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SECTION 6 . Conflicts In the event of a conflict or conflicts between this Ordinance and
other ordinances, this Ordinance shall control to the extent such conflict exists.
SECTION 7 Effective Date of this Ordinance This Ordinance shall become effective
immediately upon its passage and adoption.
SECTION 8. Effective Date of Proposed Charter Amendment. The proposed Charter
Amendment set forth herein shall take effect if and upon certification of an affirmative majority
vote of the qualified electors of the City of Longwood in favor of such at the November 6, 2012
referendum election.
FIRST READING:
SECOND READING: . d y O
PASSED AND ADOPTED THIS AY OF A.D., 2012.
CITY OF LONGWOOD, FLORIDA
Brian D. Sackett, M yor
ATTES
Sarah M. Mirus, MMC, MBA, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood,
Florida, only:
Daniel W. Lange y , C' A
City of Longwood
Ordinance No. 12 -1990
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