HomeMy WebLinkAboutVII (B) Resolution No. 99-07, relating to Acquisition by Eminent Domain - Maguire Road/ Roberson Road Intersection Agenda 2-16-99
Item VII B
FOLEY & LARDNER
ATTORNEYS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377/0284
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Mary A. Doty, Assistant City Attorney id>
DATE: February 9, 1999
RE: Maguire Road/Roberson Road/Moore Road Intersection Improvement
and Maguire Road Widening Project
Based on the final project design prepared by PEC, the chart below sets forth the
remaining properties which need to be acquired by the City in order to complete the
intersection improvement part of the project. Pinel & Carpenter has appraised these properties
and those values are included in the chart as well.
Parcel Legal Interest Owner * Appraised Value
Parcel 101 Fee Glenmuir Properties, Ltd. $6,210.00
Parcel 102 Fee Glenmuir Properties, Ltd. **
Parcel 103 Fee Devworth Development Co., Inc. $1,050.00
Parcel 104 Fee Wingfield Reserve Corporation $28,820.00
* All three owners are entities in which Gordon Nutt is a principal.
** Parcels 101 and 102 were appraised together.
We have contacted each of these property owners and made offers based on the
appraised value, subject to approval by the City Commission. As of the date of this
memorandum, we have not yet received a definitive response.
We believe there is a reasonable chance to negotiate a voluntary sale/acquisition of the
properties identified above based on the values indicated. However, in the event a voluntary
sale cannot be negotiated, it will then be necessary to acquire the interests by filing a
condemnation action.
Attached is proposed Resolution No. 99-07 which authorizes the filing of a
condemnation action. The adoption of this Resolution and the filing of the condemnation
006.127318.1 ESTABLISHED 1842 5
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MEMORANDUM
The Honorable Mayor and City Commissioners of the City of Ocoee
February 10, 1999
Page 2
action are necessary in order to avoid any delay in the schedule prepared by City staff. It is
our intention to immediately file the condemnation action and to proceed to acquire the
interests by a "quick-take" proceeding.
While the condemnation is being filed, it is our intent to continue to negotiate the
acquisitions. In order to reduce the costs to the City, it is recommended that the Mayor and
City Clerk be given the authority to enter into purchase agreements, upon recommendation of
the City Manager and City Attorney, at the appraised values set forth above. Any such
purchase agreements would provide that all closing costs by paid by the City.
RECOMMENDATION:
It respectfully is recommended that the Mayor and City Commissioners:
1. approve Resolution No. 99-07 authorizing execution thereof by the Mayor and
City Clerk and further authorizing the City Attorney to file the necessary
actions and proceed to acquire the properties by quick-take proceeding;
2. authorize the Mayor and City Clerk, upon recommendation of the City Manager
and City Attorney, to enter into purchase agreements to acquire Parcel Nos.
101, 102, 103, and 104 at the values set forth in this memorandum and further
authorizing the Mayor and City Clerk to execute all documents necessary to
close upon any such purchase agreements.
MAD:dr
Attachment
006.127318.1 2
RESOLUTION NO. 99-07
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE ACQUISITION BY EMINENT
DOMAIN OF PROPERTY, INCLUDING BUT NOT
LIMITED TO FEE TITLE, LOCATED GENERALLY
WITHIN THE MAGUIRE ROAD/ROBERSON ROAD
INTERSECTIONS AND ALONG MAGUIRE ROAD;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to serve the traffic for
the future development of the City of Ocoee; and
WHEREAS, the City Commission of the City of Ocoee has the authority to adopt this
Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166,
Florida Statutes; and
WHEREAS, the City Commission of the City of Ocoee finds a public need and
necessity exists to acquire, by eminent domain, fee simple title to the lands described in
Exhibit "A" attached hereto and incorporated hereby by reference; and
WHEREAS, the City Commission of the City of Ocoee finds a public need and
necessity exists to acquire the lands in fee simple title described in Exhibit "A" hereto for
public street/road purposes in connection with the design, engineering, construction, and
development of the Maguire Road/Roberson Road/Moore Road Intersection Improvement and
Maguire Road Widening Project ("the Project"); and
WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of the
said lands are necessary for public safety, and that the acquisition of the said lands therein
otherwise to be in the public interests of the municipality and the people thereof; and
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006.12]264.1
WHEREAS, the interests to be acquired, fee simple title, are more particularly
described in Exhibit "A" hereto; and
WHEREAS, the City Commission of Ocoee has caused the property described in
Exhibit "A" hereto to be surveyed and has located its line or area of construction and intends
in good faith to construct the Project on or over the described property in accordance with
Section 73.021(6), Florida Statutes (1997); and
WHEREAS, the City Commission of the City of Ocoee finds it is necessary for public
street/road purposes that the City acquire a fee simple interest in the property identified and
described in the attached Exhibit "A," said acquisition being for street/road purposes; and
WHEREAS, all conditions precedent to the exercise of the power of eminent domain
have been satisfied by the City of Ocoee; and
WHEREAS, if any section, subsection, sentence, clause, phrase or portion of this
Resolution 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; and
WHEREAS, this Resolution shall become effective immediately upon passage and
adoption.
THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. That the acquisition, by eminent domain, of the interests indicated in the
following parcels for the purposes set forth above has been found to be, and is found and
determined to be, necessary, in the best interest of the public and for a public use and purpose,
oos.t z7zsa.t
2-
the legal descriptions of said parcels being more particularly described in Exhibit "A"
attached hereto and by this reference made a part hereof:
Section 2. That the appropriate officers, employees and attorneys of the City of Ocoee
are authorized to proceed forthwith to institute such necessary and proper actions and
proceedings and to comply with all legal requirements as may be necessary or proper for the
acquisition by eminent domain of the fee simple absolute title in the property described in
attached Exhibit "A."
Section 3. That if any section, subsection, sentence, clause, phrase or portion of this
Resolution 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 4. That this Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of 1999.
ADOPTED:
ATTEST: CITY OF OCOEE, FLORIDA
By: By:
Name: Jean Grafton Name: S. Scott Vandergrift
Title: Clerk Title: Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
THIS DAY OF 1999.
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
By: ON , 1999 UNDER
Name: Paul E. Rosenthal AGENDA ITEM NO.
Title: City Attorney
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006.12]264.1
EXHIBIT A
PARCEL NO. 101
OWNER: Glenmuir Properties, Ltd.
INTEREST: Fee Simple
PARCEL 101
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN THE SOUTHWEST GUAFTER OF SECTION 32, TOWNSHIP 22 SOUTH.
RANGE 28 EAST BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF MAGUIRE
ROAD (C.R. 1439) WITH THE SOUTH RIGHT-OF-WAY UNE OF MOORE ROAD FOR A
PONT OF REFERENCE: THENCE RUN NORTH 89447'34 EASE ALONG SAID
PARALLEL WITH ANO A LINE.Y FEET: THENCE4
10.00 FEET EAST OF SAIDRIGHT-OF-WAY
EAST UNE OF
MAGUIRE ROAD. 35.23 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE
SOUTH 0029'40" EAST. PARALLEL WITH AND 10.00 FEET EAST OF SAID EAST
RIGHT-OF-WAY UNE, 539.63 FEET TO A POINT ON THE SOUTHERLY LINE OF THE
LANDS DESCRIBED IN OFFICIAL RECORDS B00K 5582. PAGE 3075. PUBLIC
RECORDS OF ORANGE NORTHERLY;
COUNTY.THENCIE RUNSAID
EASSENLYINT LWNG ALONG SAID SOUTH NON-TANGENTNE
OURS CONCAVE NORTHERLY;
OF SAID LANDS AND ALONG SAID CURVE HAVING
ARC LENGTH OF LENGTH OF 10.00 EET.575.00
FEET, A CENTRAL ANGLE OF OO 59'19', AN
A
CHORD LENGTH CF MOO THENCE RUN NORTH E00 9T O0 WEST,A ,PARALLEL BEARING DWITH F OAND 20RTH .002FEET
EAST;
EAST OF SAID EAST RIGHT-OF-WAYTP OE, 539.32 FEET; THENCE RUN SOUTH
B9'JO'2020' WEST, 10.00 FEET
TOOTHE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CF LAND LIES IN THE CITY Of OCOEE. ORANGE COUNTY.
FLORIDA AND CONTAINS 5.395 SCUARE FEET. MORE OR LESS.
006.127271.1 Page 1 of 4
PARCEL NO. 102
OWNER: Glenmuir Properties, Ltd.
INTEREST: Fee Simple
PARCEL 102
LEGAL DESCRIPTION: ,
A PARCEL OF LAND LYING IN THE SOUTHWEST CUARTER CF SECTION 32, TOWN4IIP 22 SOUTH.
RANGE 28 EAST BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF MAGUIRE
ROAD (C.R. #439) WTH THE SOUTH RIGHT-OF-WAY LINE OF' MOORE ROAD FOR
THE POINT OF REFERENCE: THENCE RUN NORTH 89'47'34' EAST. ALONG SAID
SOUTH RIGHT-OF-WAY LINE, 10.00 FEET TO THE POINT OF BEGINNING THENCE
CONTINUE NORTH 89'47'34" EAST, ALONG SAID SOUTH RIGHT-OF-WAY
LINE.45.18 FEET TO THE POINT OF CUSP CF A CURVE CONCAVE SOUTHEASTERLY:
THENCE RUN SOUTHWESTERLY. ALONG SAIO CURVE. HANNG A RADIUS LENGTH
OF 35.00 FEET, A CENTRAL ANGLE OF 901T14", AN ARC LENGTH OF 55.15
FEET. A CHORD LENGTH OF 49.62 FEET AND A CHORD BEARING OF SOUTH
4438'57" WEST TO THE POINT OF TANGENCY, SAID POINT BEING 20.00 FEET
EAST OF. AS MEASURED PERPENDICULAR "0, THE AFORESAID EAST
RIGHT-OF-WAY LINE OF MAGUIRE ROAD; HENCE RUN SOUTH B9'30'20"
WEST, 10.00 FEET TO A POINT BEING 10.00 FEET EAST OF, AS MEASURED
PERPENDICULAR TO, SAID EAST RIGHT-OF-WAY LINE OF MAGUIRE ROAD; THENCE
RUN NORTH 002940" WEST, PARALLEL WITH AND 10.00 FEET EAST OF SAID
EAST RIGHT-OF-WAY LINE. 35.23 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND DES IN THE CITY OF OCOEE. ORANGE COUNTY.
FLORIDA AND CONTAINS 618 SQUARE FEET. MORE OR LESS.
006.127271.1 Page 2 of 4
PARCEL NO. 103
OWNER: Devworth Development Co., Inc.
INTEREST: Fee Simple
PARCEL 103
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 32. TOWNSHIP 22
SOUTH. RANGE 28 EAST BEING DESCRIBED AS FOLLOWS:
COMMENCE
UNE OF MAGUIRE ROAD (CER nf439) WTH THE SOUTH
-OF-WAY
SOUTH
RIGHT-OF-WAY LINE OF MOORE ROAD FOR A POINT OF REFERENCE;
THENCE RUN SOUTH 0029'40' EAST, ALONG SAID EAST
RIGHT-OF-WAY LINE OF MAGUIRE ROAD, 57500 FEET TO A POINT
ON THE NORTHERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 5582. PACE 2080. SAID PONT LYING ON A
NON-TANGENT CURVE CONCAVE NORTHERLY: THENCE RUN
EASTERLY ALONG SAID CURVE. HAVING A RADIUS LENGTH OF
575.00 FEET. A CENTRAL ANGLE OE 0059142', AN ARC
LENGTH OF 10.00 FEET. A CHORD SIGN OF 10.00 FEET AND A
CHORD BEARING OF NORTH e990139' EAST TO THE POINT OF
BEGINNING; THENCE CONTINUE EASTI—ivLY ALONG SAID CURVE.
HAYING A RADIUS LENGTH OF 575.00 FEET. A CENTRAL ANGLE OF
0059149'. AN ARC LENGTH OF 10.00 FEEL A CHORD LENGTH
OF 10.00 FEET AND A CHORD BEARING OF NORM e81)0121'
EAST; THENCE RUN SOUTH 00129'40' EAST, PARALLEL WITH
AND 20.00 FEET EAST OF SAID EAST RIGHT-OF-WAY LINE. 716.26
FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID
SOUTHWEST QUARTER OF SECTION 32 AND THE SOUTH UNE OF
SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5582. PAGE
3080: THENCE RUN SOUTH 893915C WEST. ALONG SAID
SOUTH LINE OF THE NORTH HALF G THE SOUTHWEST QUARTER
OF SECTION 32 AND SAID SOUTH UNE OF THE LANDS DESCRIBED
IN OFFICIAL RECORDS BOOK 5562. PAGE 3060. A DISTANCE OF
10.00 FEET: THENCE RUN NORTH 0029140' WEST. PARALLEL
WITH AND 10.00 FEET EAST OF SAND EAST RIGHT-OF-WAY UNE,
715.97 FEET TO THE POINT OF BEGNNINC.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN THE OTY OF OCOEE. ORANGE COUNTY.
FLORIDA AND CONTAINS 7161 SQUARE FEET, MORE OR IFCR
006 127271 1 Page 3 of 4
PARCEL NO. 104
OWNER: Wingfield Reserve Corporation
INTEREST: Fee Simple
PARCEL 104
LEGAL DESCRIPTION:
A PARCEL OF LAND LYNG IN THE SOUTHEAST QUARTER OF SECTION 31. -OWNSHIP
22 SOUTH. RANGE 28 EAST, BEING DESCRIBED AS FOLLOWS:
COMMENCE AT NE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE
OF ROBERSON ROAD WITH THE WEST RIGHT-OF--WAY LINE OF MAGUIRE
ROAD (C.R 1839) FOR THE POINT OF BEGINNING: THENCE RUN SOUTH
00-29'40" EAST. ALONG SAID WEST RIGHT-OF-WAY LINE OF MAGUIRE
ROAD. 4000 FEET: THENCE RUN NORTH 4530'36" WEST, 28.25 FEET
TO A POINT BEING 20.00 FEET SOUTH OF. AS MEASURED
PERPENDICULAR TO, THE AFORESAID SOUTH RIGHT-OF-WAY LLNE OF
ROBERSON ROAD: THENCE RUN SOUTH 8928'25" WEST. PARALLEL
WITH SAID SOUTH RIGHT-OF-WAY LINE, 381.65 FEET; THENCE RUN
NORTH 0091'35" NEST, 20.00 FEET TO SAID SOUTH RIGHT-OF-WAY
LINE; THENCE RUN NORTH 8928'25" EAST. ALONG SAID SOUTH
RIGHT-OF-WAY LINE, 401.66 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN ORANGE COUNTY, FLORIDA AND
CONTAINS 8234 SQUARE FEET. MORE OR LESS.
006.127271.1 Page 4 of 4
EXHIBIT "A-1"
TO ORDINANCE NO. 99-07
(a) Text of Proposed Amendment. Section C-45 of Article VII of the Charter of the City
of Ocoee is amended to read as follows:
§ C-45. Election dates and terms of office. [Amended 4-2-1996 by Ord. No. 96-05; 10-7-
1997 by Ord. No. 97-20]
A. Beginning in March 1998, regular municipal elections shall be held annually on the
second Tuesday in 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 March 1999 and shall thereafter be elected for a two-
year term at a regular municipal election to be held every two years
thereafter.
(2) Two City Commissioners shall be elected for two-year terms at a regular
municipal election to be held in March 1998 and shall thereafter be elected
for two-year terms at a regular municipal election to be held every two
years thereafter. Such City Commissioners shall be elected to Seat No. 2
and Seat No. 4.
(3) Two City Commissioners shall be elected for two-year terms at a regular
municipal election to be held in March 1999 and shall thereafter be elected
for two-year terms at a regular municipal election to be held every two
years thereafter. Such City Commissioners shall be elected to Seat No. 1
and Seat No. 3.
Beginning in March 2000, the provisions of Subsections (M(1). (A)(2) and (A)(3)
above shall be repealed and the terms of office of the Mayor and City
Commissioners shall thereafter be as follows:
(1) The Mayor shall be elected for a three-year term at a regular municipal
election to be held in March 2001 and shall thereafter be elected for a three-
year term at a regular municipal election to be held every three (3) years
thereafter.
(2) Two (2) City Commissioners shall be elected for three-year terms at a
regular municipal election to be held in March 2000 and shall thereafter be
elected for three (3) year terms at a regular municipal election to be held
every three (3) 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 three-year terms at a
regular municipal election to be held in March 2001 and shall thereafter be
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006.119461.1
elected for three year terms at a regular municipal election to be held every
three (3) 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. 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.
006.119461.1
7
EXHIBIT "A-2"
TO ORDINANCE NO. 99-07
(a) Ballot Ouestion:
(b) BALLOT QUESTION #1
(c) CHARTER AMENDMENT TO CHANGE THE TERM OF OFFICE OF THE
MAYOR AND CITY COMMISSIONERS FROM TWO YEARS TO THREE YEARS
COMMENCING WITH THE MARCH 2000 ELECTION.
(d) Shall the above-described amendment be adopted?
(e) Yes
(t) No
006.119461.1
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EXHIBIT "B-1"
TO ORDINANCE NO. 99-07
(c) Text of Proposed Amendment.
(i) Subsection Q of Section C-8 of Article II of the Charter of the City of Ocoee is
amended to read as follows:
Q. Maintenance of private property. To require all lands, property, lots, bodies of
water and other premises within the city to be kept clean, sanitary and free from
weeds excessive weed growth or to make them so at the expense of the owner
by assessing the cost against the property; to establish by ordinance that the
assessment will be a lien on the property until discharged by payment.
(ii) Subsection D of Section C-19 of Article III of the Charter of the City of Ocoee
is amended to read as follows:
D. Procedure for filing.
(1) Certificate of City Clerk; amendment. Within thirty (30) days after an
initiative petition or referendum petition is filed, the City Clerk shall
complete a certificate as to its sufficiency, specifying if it is insufficient the
particulars wherein it is defective, and shall send a copy of the certificate to
the petitioners' committee by rtb: . 1 certified mail. Grounds for
insufficiency are only those specified in Subsection C hereinabove. A
petition certified insufficient may be amended once, provided that the text
of the petition is not substantially changed in any way and the petitioners'
committee files a notice of intention to amend it with the City Clerk within
seven (7) days after receiving a copy of the certificate and files a
supplementary petition upon additional papers within ten (10) days after
receiving the copy of such certificate. Such supplementary petition shall
comply with the requirements of Subsection C hereinabove. Within seven
(7) days after it is filed, the City Clerk shall complete a certificate as to the
sufficiency of the petition, as amended, and shall promptly send a copy of
such certificate to the petitioners' committee by registered certified mail as
in the case of an original petition. If a petition or amended petition is
certified insufficient and the Petitioners' Committee does not elect to amend
or request City Commission review under Subsection D(3) of this section
within the time required, the City Clerk shall promptly present its certificate
to the City Commission, and the certificate shall then be a final
determination as to the sufficiency of the petition.
(2) Assistance to the City Clerk. The City Clerk may, within his sole
discretion, seek the assistance of the Supervisor of Elections for Orange
County, Florida, in performing the City Clerk's duties hereunder. In such
event, the City Clerk shall remain responsible for certifying the sufficiency
of all petitions, including amended petitions.
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006.119461.1
(3) City Commission review. If a petition has been certified insufficient and the
petitioners' committee does not file notice of intention to amend it or if an
amended petition has been certified insufficient, the committee may, within
seven (7) days after receiving the copy of such certificate, file a request that
it be reviewed by the City Commission. The City Commission shall review
the certificate at its next meeting following the filing of such request and
approve or disapprove it. The City Commission's determination shall be a
final determination as to the sufficiency of the petition.
(iii) Sections C-21, C-22 and C-23 of Article IV of the Charter of the City of Ocoee
is amended to read as follows:
§ C-21. Appointment; qualifications; compensation.
The City Commission shall appoint by affirmative vote of a majority of all its
members a City Manager for a minimum term of one (1) year. The City Manager shall
be appointed solely on the basis of executive and administrative qualifications and need
not be a resident of the City of Ocoee or the State of Florida at the time of appointment.
The City Manager may reside outside the city while employed as City Manager, subject
to the approval of the City Commission. The City Commission shall fix the
compensation of the City Manager and shall meet annually with the City Manager to
review and evaluate the City Manager's performance. The City Commission may enter
into an employment agreement with the City Manager addressing terms and conditions
of employment not inconsistent with or in conflict with the provisions of this Charter.
Any such employment agreement may provide that the City Manager may be terminated
without cause at any time during the term of the employment agreement, subject to
compliance with the procedures set forth in Section C-22. Further, any such agreement
may provide for circumstances under which the City Manager may be temporarily
suspended with or without pay.
§ C-22. Termination. § C 22. Removal.
The City Commission may TerHoye terminate the employment of the City Manager in
accordance with the following procedures:
A. The City Commission shall adopt by affirmative vote of a majority of all
its members a preliminary resolution ..;ielt must sh.h-th., fcu f
removal-a-;d--may stating its intention to terminate the employment of the
City Manager and such preliminary resolution may also suspend the City
Manager from duty for a period not to exceed forty-five (45) days. A
copy of the resolution shall be delivered promptly to the City Manager.
B. Within five (5) days after a copy of the resolution is delivered to the City
Manager, the City Manager may file with the City Commission a written
reply and/or a written request for a public hearing. This If requested
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006.119461.1
this hearing shall be held at a regular or special City Commission
meeting no earlier than fifteen (15) days and no later than thirty (30)
days after the request is filed.
C. The City Commission may adopt by affirmative vote of a majority of all
its members a final resolution of rerne -1 terminating the employment of
the City Manager, which may be made effective immediately upon
adoption. Such resolution may be adopted at any time after five (5) days
from the date a copy of the preliminary resolution was delivered to the
City Manager, if the City Manager has not requested a public hearing. If
the City Manager has requested a hearing, such resolution may be
adopted at any time after the hearing. In the event that the City
Commission fails to tennne terminate the City Manager in the manner
provided hereunder within forty-five (45) days from the effective date of
adoption of the preliminary resolution
the City Manager, , then the City Manager shall automatically be
reinstated if the preliminary resolution suspended the City Manager and
[he preliminary resolution shall thereafter no longer be of any force or
effect.
D. The City Manager shall continue to receive a salary during the period of
suspension and, if te1ipnvd terminated, shall receive a salary until the
effective date of a final resolution of ten at termination. The action of
the City Commission in suspending or terern+g terminating the City
Manager shall not be subject to review by any court or agency. A
nonrenewal of the City Manager's employment agreement with the city
shall not constitute a tennivel termination hereunder requiring
compliance with the provisions of this section in order to terminate
employment.
E. The procedures set forth herein shall also be applicable to a termination
of an employment agreement with the City Manager; provided, however
that if such employment agreement requires that a termination be for
cause, then the preliminary and final resolutions shall set forth the cause
for termination.
§ C-23. Acting City Manager.
A. There shall be an Acting City Manager who shall exercise the powers
and perform the duties of City Manager during the temporary absence,
disability or suspension of the City Manager. The or during such time as
there is a vacancy in the position In the case of a temporary absence
the City Manager shall designate, by letter filed with the City Clerk, a
qualified city administrative officer to serve as Acting City Managers
. In the event that (1)the
City Manager fails to designate someone as Acting City Manager as
required hereunder, (2) the City Manager has been suspended or is
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006.119461.1
disabled, or (3) there is a vacancy in the position of City Manager, then
in any of such events the City Commission may then appoint a qualified
Acting City Manager.
B. The Acting City Manager shall serve at the pleasure of the City
Commission and may be removed by the City Commission at any time,
with or without cause. The removal of the Acting City Manager shall not
affect, in any manner, any other positions such person may hold with the
city. The,ei.roval provisions of § C-22 of this Article shall not apply to
an Acting City Manager.
C. The Acting City Manager shall serve as City Manager until such time as
the City Manager resumes the positibn of City Manager, a new City
Manager is appointed by the City Commission pursuant to § C-21 of this
Article or the Acting City Manager is removed and a new Acting City
Manager is appointed by the City Commission.
(iv) Subsection C of Section C-30 of Article V of the Charter of the City of Ocoee is
amended to read as follows:
C. Powers and duties. The Personnel Board shall be responsible for
developing reviewing personnel policies for the city which are submitted
to them by the City Manager and recommending such policies to the City
Commission for adoption or amendment. The City Manager shall adhere
to all personnel policies. The Personnel Board shall also have such other
powers and duties as may be established by ordinance by the City
Commission.
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006.119461.1
EXHIBIT `B-2"
TO ORDINANCE NO. 99-07
(a) Ballot Ouestion
(b) BALLOT QUESTION #2
(c) CHARTER AMENDMENT TO CLARIFY CERTAIN PROVISIONS RELATED TO
REMOVAL OF EXCESSIVE WEED GROWTH, THE USE OF CERTIFIED MAIL,
THE TERMS AND CONDITIONS OF THE EMPLOYMENT AND TERMINATION
OF THE CITY MANAGER, AND THE POWERS AND DUTIES OF THE CITY
PERSONNEL BOARD.
(d) Shall the above-described amendment be adopted?
(e) Yes
(I) No
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006.119461.1
The Orlando Sentinel,Thurotlay,December 24,1998 K-3.
. NOTICEHEARING
CITY OF OCOEE
Noise
hereby given pursuant
Ieul III ul the ConsOl oon oNSua Flotla and Section 189.041 RwNa
Vitiates.that the mote city t-
elder will hold a public hearing in the
Commission Chambers.City Mall Wet-
ad at 150 N.Lakeshore Drive Ocoee.
Fiend.during a regular session to be
heti on January 5,1999,at 7:15 p.m. '
Or as soon in or
der to consider INM adoption of as possiblCm ki
lowing ordinance:
ORDINANCE NO 9607 •
AN ORDINANCE OF THE CITY OF
OCOEE.FLORIDA PROPOSING CERTAIN -
TO THE CHM
TFR OF THEMENTS CITY OF OCOEE;PRO.
NOING FOR AN AMENDMENT TO THE
CHARTER TO CHANGE THE TERMS
OF OFFICE OF THE AND CITY
COMMISSIONERS FROMOR TWO YEARS
TO THREE YEARS' PROVIDING FOR
AN AMENDMENT TO THE CHARTER
TO CLARIFY CERTAIN PROVISIONS
RELATED TO REMOVAL OF EXCES-
SIVE WEED GROWTH,USE OF CERTI-
FIED MAIL,THE TERMS AND CONDI
TIONS OF THE EMPLOYMENT AND
ITY MANAG-
ER AND POWERS
TERMINATION
OF THE CAND DUTIES
OF THE CITY PERSONNEL BOARD
PROVIDING FOR A REFERENDUM
FOR APPROVAL OR REJECTION OF
THE PROPOSED AMENDMENTS BY
THE CTORS OF THE CITY OF
OCOEE;EPROVIDING FOR AND AU-
THORIZING
NP HIS FURTHER ACTS
PROVID.
MO FOR
PROVIDINGLANEFFEC-
TIVE
DATE
'Inle'ested parties may
peat the
•
Oo
re roPosed action.A copy W the Po
owed ordinance may be examined at
City e, Lakeshore u
Florida.a t ho s o
0:00 a.m. and 5:00 p.m.. Monday
Nrcugb Friday.
NOTICE: Y personumry
desires to
•a=.gge =
sa at such 4emetin vMd need a record
of the Proceedings and for such put-
may need m ensure that a verb
Urn recordproceeding a Includes thtestimony
I nd evidence upon whir the appeal is
Seed.Persons with disabilities need-
Inc assistance to per0apate in any of
• these proceedings
Oor i. ryyeClack,150 N.Lake
'shore Drive. Ocoee. FL 34761.
• (407)O562322 En 146,48 Mere In ad-
vance of the moiling.
Jean Gabon c
ty clerk
dxnM,24,1998
OLS24O4O7O DEC.24,IPA