HomeMy WebLinkAboutVI (A2) Second Reading Ordinance No. 98-29, Relating to Appointment of Members to the Parks and Recreation Advisory Board Agenda 11-17-98
Item VIA2
FOLEY & LARDNER
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MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: November 11, 1998
RE: Ordinance No. 98-29 regarding Parks and Recreation Advisory Board
Pursuant to your direction, attached is a revised version of the above-referenced
Ordinance. The title is consistent with the title read at the First Reading.
My previous memorandum addressed the issue of staggered terms since five of the
current members have terms expiring in the year 2000. The revised Ordinance now calls for
staggered terms so that seven members will have terms expiring on October 1, 2000 and six
members will have terms expiring on October 1, 2001. This means that the six new
appointees will have terms which expire October 1, 2001 which would be longer than a two
year term depending on the date of appointment. When the terms expiring April 1999 and
May 1999 come up for reappointment or replacement, the appointees for those slots would
have a term expiring October 1, 2000. When the October 2000 terms come up for
reappointment or replacement, the appointees will have terms expiring October 1, 2002.
Thereafter, approximately half of the Board will be up for reappointment every October.
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Enclosure
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ESTABLISHED 1 8 4 2
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART
ORDINANCE NO. 98-29
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO THE APPOINTMENT OF MEMBERS TO
THE PARKS AND RECREATION ADVISORY BOARD BY
INCREASING THE BOARD SIZE TO THIRTEEN
MEMBERS AND MODIFYING THE QUORUM
REQUIREMENTS; REPEALING SECTION 15-4.B OF
CHAPTER 15 OF THE CODE OF ORDINANCES OF THE
CITY OF OCOEE AND ADOPTING A NEW SECTION 15-
4.B RELATING TO MEMBERSHIP OF SAID BOARD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee recognizes the importance to
the City of its parks, recreational facilities and programs; and
WHEREAS, the City Commission desires to provide more opportunities for the
residents of Ocoee to participate in the decisions affecting the City's parks, recreational facilities and
programs; and
WHEREAS, the City Commission desires to increase the size of the Parks and
Recreation Advisory Board and establish a quorum requirement in order to increase the involvement
of the City's residents in the decisions affecting the City's parks, recreational facilities and
programs.
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 pursuant to Article VIII of the Constitution of the State of Florida
and Chapter 166, Florida Statutes.
006.112340.1
SECTION 2. Repeal of Section 15-4.B. Section 15-4.B of Chapter 15 of the
Code of Ordinances of the City of Ocoee, Florida, is hereby repealed in its entirety.
SECTION 3. Adoption of New Section 15-4.B. A new Section 15-4.B of
Chapter 15 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as follows:
B. The Parks and Recreation Advisory Board shall consist of
thirteen (13) members appointed by the City Commission. Each
member shall be appointed to serve equal terms of two (2)
years; provided, however, that the terms of the appointees in
1998 and 1999 shall be staggered so that seven (7) members will
have terms expiring on October 1, 2000 and six (6) members
will have terms expiring on October 1, 2001. A quorum of the
Parks and Recreation Advisory Board shall consist of the lesser
of(i) six (6) members, or (ii) fifty percent (50%) plus one of the
appointed members excluding any vacant position on the Board.
Vacancies occurring during the term shall be filled by the City
Commission and the appointee shall serve the remainder of the
term. All members of the Parks and Recreation Advisory Board
shall be residents of the city and shall serve without
compensation.
SECTION 4. 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 5. Codification. It is the intention of the City Commission of the
City that the provisions 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
Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction
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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 6. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of ,1998.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED NOVEMBER 5 , 1998
READ FIRST TIMENovEMBER 3 , 1998
READ SECOND TIME AND ADOPTED
, 1998
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of ,1998.
FOLEY & LARDNER
By:
City Attorney
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