HomeMy WebLinkAboutVI(A) Second Reading Of Ordinance No. 97-20, Changing Municipal Election Dates To 2nd Tuesday In March Agenda 10-7-97
Item VI A
,,,`oc� City of Ocoee: - - .
� lit4 Jean Grafton
, \ 0 150 NORTH LAKESHORE DRNE City Clerk
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op coon (407) 656-2322
FAx(407) 656-5725
MEMORANDUM
To: The Honorable Mayor and City Commission
From: Jean Grafton, City Clerk
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' Tuesday in March with a run-off election, if necessary, on the 2'
Tuesday in April, extending the existing terms appropriately. The second reading/public
hearing will be scheduled for October 7.
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"PRIDE OF WEST ORANGE"
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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 COMIVIISSION; REVISING SECTION C-45 OF ARTICLE VII 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 ECTIVE 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
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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 1999 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
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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
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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)
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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
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A:\ELECTION.DAT;9l7/97;OCOEE DISK{SIHF:mlg
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The Orlando Sentinel,Thursday,September 25,1997 ORI
NOTICE OF PUBLIC HEARING-
CITY OF OCOEE
Notice is hereby given pursuant to Arti-
cle VIII o1 the Constitution of the State
of Florida.Section 103.3605(2),Florida
( Statutes,and Section 166.021,Florida
Statutes,that the Ocoee( City Commis-
sion will hold a public hearing in the
Commission Chambers.City Hall,local-
ed at 150 N.Lakeshore Drive.Ocoee,
• Florida during a regular session to tie
held on October 7,1997,at 7:15 p.m.,
or as soon thereafter as possible,in or-
der to consider the adoption of the fol-
lowing ordinance:
ORDINANCE NO.97-20
AN ORDINANCE OF THE CITY
OF COOEE, FLORIDA, ESTAB- '
LISHING NEW DATES FOR REG-
ULAR MUNICIPAL AND RUNOFF
ELECTIONS; EXTENDING THE
TERMS OF THE INCUMBENT
MEMBERS OF THE CITY COM-
MISSION:REVISING SECTION C-
45 OF ARTICLE'Vll OF TH CHAR-
TER OF THE CITY OF OCOEE TO
REVISE THE REGULAR ELEC-
TION DATES TO BE THE SEC-
' OND TUESDAY IN MARCH;RE-
VISING 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 ELEC-
TION:PROVIDING FOR SEVER-
ABILITY:PROVIDING FOR CODI-
FICATION: PROVIDING AN
EFFECTIVE DATE.
Interested parties may appear at the
meeting and be heard with respect to
the proposed action.A copy of the pro-
posed ordinance may be examined at
City Hall, 150 n. Lakeshore Drive.
Ocoee.Florida.between the hours of
8:00 a.m, and 5:00 p.m., Monday
through Friday.
NOTICE:Any person who decides to
appeal any decision made by Commis-
sion with respect to any matter consid-
ered at such meeting will need a record
at the proceedings and for such pur-
pose may need to ensure that a verba-
tim record of the proceeding is made, ;
which record includes the testimony
and evidence upon which the appeal is i
based.Persons with disabilities need-
' ing assistance to participate in any of
• these proceedings should contact the
Office of the City Clerk, 150 N.Lake-
shore Drive, Ocoee. FL 34761. (407)
656.2322 Ext.146,48 hours in advance
of the meeting.
,lean Grafton,City Clerk
Seotemoer 25.1997