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HomeMy WebLinkAboutItem VI (A) 2 First Reading of Ordinance No 96-05, amending Municipal Election Ordinance AGENDA 3-19-96 Ocoee City of Ocoee Item VIA 2 �� '��� o 150 N. Lakeshore Drive Jean Grafton #4. Ocoee,Ocoee, Florida 34761-2258 City Clerk f4 OP coo` (407) 656-2322 FAX (407) 656-5725 STAFF REPORT To: The Honorable Mayor a d Board of City Commissioners From: Jean Grafton, City Clerk Date: March 15, 1996 SUBJECT: ESTABLISHING NEW ELECTION SCHEDULE ISSUE Should the Honorable Mayor and Board of City Commissioners adopt Ordinance No. 96-05 establishing a new election schedule to coincide with neighboring cities schedules, changing qualifying fees to comply with state statute, and extending the terms of incumbent members of the City Commission? BACKGROUND/DISCUSSION Pursuant to City Commission direction on December 5, 1995 and House Bill 1273, Ordinance No. 96-05 has been prepared to change the election dates without going to referendum. All of the attendant details have been included in the ordinance; i.e., 1) Change the date to the same Tuesday in February as that chosen by Windermere and Winter Garden: Section 2 - establishes the fourth Tuesday in February as the new day; Section 3 amends § C-45 of Article VII of the Charter to specifically identify the dates with the appropriate offices. 2) Extend the terms of office of incumbents until the new election dates. Section 2 on page 2 provides that the current terms of the Mayor and all seats on the City Commission are extended and continue until the respective successor is sworn in. 3) Hold the swearing in ceremony immediately prior to the next commission meeting following the election: Section 3 establishes a time of day on the day you indicated that the elected candidate should be sworn into office. 4) Although you did not give specific direction regarding the runoff election if needed, our custom has been to hold the runoff election two weeks after the regular election. To do so in this case would conflict with Super Tuesday, the presidential preference primary; so that day will not be available to Orange County municipalities. Other cities in our area have chosen the fourth Tuesday in March. Section 4 amends § 5-2 of Article I of Chapter 5 of the Code of Ordinances and changes the runoff election to the fourth Tuesday in March. "PRIDE OF WEST ORANGE" 5) Limit the qualifying of candidates to 5 working days rather than 10. Section 5 amends § 5-3 of Article I of the Code of Ordinances to accomplish this. 6) Amend qualifying fees. Although we had asked for authorization to bring this portion into compliance with state statutes, the Bureau Chief has advised that the amount of the fee that municipalities may charge for qualifying is not controlled by the statute. RECOMMENDATION That the Honorable Mayor and Board of City Commissioners (1) adopt Ordinance No. 96-05 establishing new dates for qualifying of candidates, new dates for regular municipal and runoff elections, extending the terms of incumbent members of the City Commission, and amending the City Charter and Code of Ordinances to reflect those changes, and (2) authorize the Mayor and City Clerk to execute. Ocoee City Commission Regular Meeting December 5, 1995 EDUCATIONAL INCENTIVE COMMITTEE TEE - MEMBER Commissioner Glass seconded b Commissioner Anderson nominated Commissioner Gleason_ as Member to the Educational Incentive Committee. Motion carried 5-0. INNOVATIVE IDEA COMMITTEE - MEMBER Commissioner Johnson seconded b Commissioner Gleason nominated Commissioner Glass as Member to the Innovative Idea Committee. Motion carried 5-0. PERSONNEL BOARD -MEMBER (CURRENT TERM EXPIRES MARCH 1996). Commissioner Anderson seconded b Commissioner Glass moved to a 9 soint Commissioner Johnson as Member with term to ex•ire March 1997 to the Personnel Board. Motion carried 5-0. ESTABLISH NEW ELECTION DAY, ETC. PER HOUSE BILL 1273 City Attorney Rosenthal explained that Orange County Supervisor of Elections had announced that she could/would no longer cooperate with municipalities in holding municipal elections concurrent with any national/state/county elections, and that legislation had been passed permitting municipalities to change election dates by ordinance and without going to referendum. He stated further that other details concerning election, such as the appropriate time for swearing infollowing election, extension/shortening of terms to accommodate the new election date, qualifying dates, qualifying fees, etc., could be included in the same ordinance. Commissioner Gleason seconded b Commissioner Anderson moved to adopt February 1997 for the election date for Mayor, District 1 and District 3 and February 1998 for District 2 and District 4 election, using the_same_Tuesday in February set by Windermere and Winter Garden for the regular election date, with the present terms extended to accommodate that date. Motion carried 5-0. SWEARING IN Commissioner Johnson, seconded by Commissioner Anderson, moved to hold the swearing in ceremony of elected officials immediately prior to the next commission meeting followin' the election. Motion carried 5-0. QUALIFYING DATES Commissioner Johnson,seconded by Commissioner Glass, moved to limit the qualifying dates to 5 working days. Motion carried 5-0. DISCUSSION/APPROVAL OF RFP AND SELECTION COM IITTEE TO SELECT ATTORNEY FOR CODE ENFORCEMENT BOARD. City Manager Shapiro gave the staff report. Commissioner Gleason, seconded b Commissioner Anderson, moved to appoint Commissioner Glass to the Selection Committee and go with the makeup of the Committee as recommended by City Manager, i.e., City 4 • ORDINANCE NO. 96-05 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING NEW DATES FOR QUALIFICATION AND REGULAR MUNICIPAL AND RUNOFF ELECTIONS;EXTENDING THE TERMS OF THE INCUMBENT MEMBERS OF THE CITY COMMISSION; REVISING SECTION C-45 OF ARTICLE VII OF THE CHARTER OF THE CITY OF OCOEE TO REVISE THE REGULAR ELECTION DATES TO BE THE FOURTH TUESDAY IN FEBRUARY AND TO AMEND THE DATE AND TIME OF SWEARING IN OF NEWLY ELECTED MEMBERS TO 7:00 P.M. PRIOR TO THE NEXT REGULARLY SCHEDULED CITY COMMISSION MEETING HELD AFTER THE ELECTION; REVISING SECTION 5-2 OF CHAPTER 5 OF THE CODE OF ORDINANCES TO REVISE THE DATE FOR RUNOFF ELECTIONS TO THE FOURTH TUESDAY IN MARCH OF THE YEAR OF THE REGULAR MUNICIPAL ELECTION; REVISING SECTION 5-3 OF CHAPTER 5 OF THE CODE OF ORDINANCES TO REVISE THE DATES FOR QUALIFICATION FOR ELECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EF'F'ECTIVE DATE. WHEREAS, the Orange County Supervisor of Elections notified the City of Ocoee that voting equipment would no longer be provided for municipal elections during the months that the Orange County Supervisor of Elections is conducting national, state or county elections; and WHEREAS, Section C-45 of the Charter for the City of Ocoee (the "Charter") requires all regular municipal elections to be held on a date which coincides with national, state and/or county elections; and WHEREAS, in order to permit the City to hold elections on dates when the voting equipment would be available from the Orange County Supervisor of Elections, House Bill 1273 was enacted by the State of Florida to permit the City Commission of the City of Ocoee, by ordinance and without referendum, to amend the Charter to provide for new regular municipal and run-off election dates, new beginning terms of office, and the shortening or lengthening of existing terms of the office of Mayor and City Commissioners; and WHEREAS, Section 100.3605(2), Florida Statues, permits the governing body of a municipality, by ordinance, to change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date changes; and WHEREAS, the City Commission of the City of Ocoee desires to amend the Charter and the Code of Ordinances of the City of Ocoee to provide for such new dates and terms of office and to revise the time period for qualification for elections as set forth below. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance, without referendum, pursuant to House Bill No. 1273 in Chapter 95-485, Laws of Florida, Article VIII of the Constitution of the State of Florida, Section 100.3605, Florida Statutes and Chapter 166, Florida Statutes. SECTION 2. Rescheduling of Election Dates. The date of the next regular municipal election for the office of Mayor and Seat No. 1 and Seat No. 3 on the City Commission of the City of Ocoee is hereby rescheduled from the first Tuesday after the.first Monday in November 1996, which is Tuesday, November 5, 1996, to the fourth Tuesday in February 1997, which is Tuesday, February 25, 1997. The date of the next regular municipal election for Seat No. 2 and Seat No. 4 on the City Commission of the City of Ocoee is hereby rescheduled from the first Tuesday after the first Monday in November 1997, which is Tuesday, November 4, 1997, to the fourth Tuesday in February 1998, which is Tuesday, February 24, 1998. The current terms for the office of Mayor and all seats on the City Commission of the City of Ocoee shall be extended and continue until such time as his or her respective successor is sworn in. 2 SECTION 3. Election Dates. Section C-45 of Article VII of the Charter of the City of Ocoee, Florida, is hereby amended to read as follows: § C-45. Election dates and terms of office. A. Beginning in November--1-989 February 1997, regular municipal elections shall be held annually on the fist fourth Tuesday after the-€irst Monday in November February of each year. The terms of office of the Mayor and City Commissioners shall be as follows: (1) The Mayor shall be elected for a three two-year term at a regular municipal election to be held in November-1-989 February 1997 and shall thereafter be elected for a two- year term at a regular municipal election to be held in November-1-992-and every two (2) years thereafter. (2) One (1) Two (2) City Commissioners shall be elected for a two-year term at a regular municipal election to be held in November-1-989 February 1998 and shall thereafter be elected for a two-year term at a regular municipal election to be held in Novcmbcr 1991 and every two (2) years thereafter. Such City Commissioners shall be elected to Seat No. 2 and Seat No. 4. (3) One (1) City Commissioner shall be elected for a three year term at a regular municipal election to be held in November 1990 and shall thereafter be elected for a two November 1993 and every two (2) years thereafter. Such (4) (3) Two (2) City Commissioners shall be elected for a two- year term at a regular municipal election to be held in member 1990 February 1997 and shall thereafter be elected for a two-year term at a regular municipal election to be held in Novcmbcr 1992 and every two (2) years thereafter. Such City Commissioners shall be elected to Seat No. 1 and Seat No. 3. B. Notwithstanding the above, the term of office of any person elected to the office of Mayor or the office of City Commissioner shall commence upon being sworn into office and continue until such time as his or her respective successor is sworn into office. Any person elected to the office of Mayor or the office of City Commissioner shall be sworn into office at 7:00 p.m. on the day 3 of the next regularly scheduled City Commission meeting held immediately after the results of the election are declared by the Canvassing Board as set forth in § C-50 of this Article. The incumbent Mayor and City Commissioners at the effective date of this-ChafterOrdinance No. 96-05 shall continue to hold their respective offices until their successors are sworn into office. Notwithstanding the foregoing, in the event that no candidate qualifies for the office of Mayor or a specific seat on the City Commission, then such office or seat shall be declared vacant by the Canvassing Board at its meeting following the general regular municipal election. SECTION 4. Runoff Election. Section 5-2 of Article I of Chapter 5 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: § 5-2. Runoff election. In the event that a runoff election is required pursuant to § C-46C of the Ocoee City Charter, such runoff election shall be held on the third fourth Tuesday in *November March of the year in which the regular municipal election was held. SECTION 5. Qualification of Candidates. Section 5-3 of Article I of Chapter 5 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: § 5-3. Qualification of candidates. All candidates for election to office in city government, including an incumbent, shall qualify with the City Clerk by filing, on such form as may be required by the City Clerk, qualification papers designating the office for which the person is a candidate. Such qualification papers shall be accompanied by the qualifying fee provided for in § 5-4 of the City Code. Such qualification papers shall be filed and the qualifying fee paid at any time after 12:00 noon on September4 the day which is five (5) business days (excluding weekends and holidays) prior to the date which is forty-six (46) calendar days prior to the scheduled date of the regular municipal election of the year in which the election for such office is scheduled, but not later than 12:00 noon on September 15 the date which is forty-six (46) calendar days prior to the scheduled date of the regular municipal election of the year in which the election for such office is scheduled. Should the last day upon which said qualification papers may be filed fall on a weekend or another day upon which the City Clerk's 4 office is not open for business, then the deadline for said person must to file qualification papers shall be extended to 12:00 noon on the next day of tho c .,hich t e - • • • . • • - • - . . . • on which the City Clerk's office is open for business. SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. Codification. It is the intention of the City Commission of the City that the provisions of Section 3 of this Ordinance shall become and be made a part of the Charter of the City and that Sections 4, 5, 6 and 7 of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Charter and code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 5 SECTION 8. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1996. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED March 21 , 1996 READ FIRST TIME March 19 , 1996 READ SECOND TIME AND ADOPTED , 1996, UNDER AGENDA ITEM NO. . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1996. FOLEY & LARDNER By: City Attorney C:\W P51\DOCS\OCOEE\NE W DATES.ORD 1 3/15/96118W015I DPB:dp 6