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Home My WebLink AboutVI (A) First Reading: Ordinances No. 97-20, Changing Municipal Election Dates to 2nd Tuesday in March Agenda 9-16-97 Item VIA o, Ocoee City of Ocoee /c ° Jean Grafton 0 150 NORTH LAKESHORE DRIVE City Clerk OCOEE, FLORIDA 34761-2258 Op Goo° (407) 656-2322 FAx(407) 656-5725 MEMORANDUM To: The Honorable Mayor and City Commission From: Jean_Grafton, City Clerk g Date: September 10, 1997 Re: Municipal Election Date As you directed at the August 19 regular session, staff has prepared an ordinance changing the election dates to the 2"d Tuesday in March with a run-off election, if necessary, on the 2"d Tuesday in April, extending the existing terms appropriately. The second reading/public hearing will be scheduled for October 7. "PRIDE OF WEST ORANGE" ORDINANCE NO. 97-20 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING NEW DATES FOR REGULAR MUNICIPAL AND RUNOFF ELECTIONS; EXTENDING THE TERMS OF THE INCUMBENT MEMBERS OF THE CITY COMMISSION; REVISING SECTION C-45 OF ARTICLE VH OF THE CHARTER OF THE CITY OF OCOEE TO REVISE THE REGULAR ELECTION DATES TO BE THE SECOND TUESDAY IN MARCH; REVISING SECTION 5-2 OF CHAPTER 5 OF THE CODE OF ORDINANCES TO REVISE THE DATE FOR RUNOFF ELECTIONS TO THE SECOND TUESDAY IN APRIL OF THE YEAR OF THE REGULAR MUNICIPAL ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the municipalities within Orange County desire to set a uniform municipal election date; WHEREAS, several municipalities within Orange County already have initiated action to move their respective municipal election dates to the Presidential Preference Primary date, which is the second Tuesday in March; WHEREAS, Section 100.3605(2), Florida Statutes, permits the governing body of a municipality, by ordinance, to change the date for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date change; and WHEREAS, Section 166.021(4), Florida Statutes, authorizes municipalities to amend their charters without referendum to select election dates; 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 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 Article VIII of the Constitution of the State of Florida, Section 100.3605, Florida Statutes, and Section 166.021(4), 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 last Tuesday in February 1999, which is Tuesday, February 23, 1999, to the second Tuesday in March 1999, which is Tuesday, March 9,1999. 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 last Tuesday in February 1998, which is Tuesday, February 24, 1998, to the second Tuesday in March 1998, which is Tuesday, March 10,1998. 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. 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 February 1997 March 1998, regular municipal elections shall be held annually on the last second Tuesday in February March 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 two-year term at a regular municipal election to be held in February 1997 March 1999 and shall thereafter be elected for a two-year term at a regular municipal election to be held every two (2) years thereafter. (2) Two (2) City Commissioners shall be elected for two-year terms at a regular municipal election to be held in February 2 March 1998 and shall thereafter be elected for two-year terms at a regular municipal election to be held every two (2) years thereafter. Such City Commissioners shall be elected to Seat No. 2 and Seat No. 4. (3) Two (2) City Commissioners shall be elected for two-year terms at a regular municipal election to be held in February 1997 March 1.999 and shall thereafter be elected for two- year terms at a regular municipal election to be held 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 of the next regularly scheduled City Commission meeting held 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 Ordinance No. 96 05 97-20 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 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 fourth second Tuesday in March April of the year in which the regular municipal election was held. SECTION 5. 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 3 • 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 6. Codification. It is the intention of the City Commission of the City or Ocoee that the provisions of Section 3 of this Ordinance shall become and be made a part of the Charter of the City of Ocoee and that Section 4 of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Ocoee; 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. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1997. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) 4 ADVERTISED September 25, 1997 READ .FIRST TIME September 16, 1997 READ SECOND TIME AND ADOPTED , 1997, UNDER.AGENDA ITEM NO. . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1997. FOLEY & LARDNER By: City Attorney A:\ELECTION.DAT I9!7/97I OCOEE DISK I MHF:mlg 5