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HomeMy WebLinkAboutOrdinance 96-05 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 EFFECTIVE 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. Rescheduline 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 nis 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 No';ember 1989 February 1997, regular municipal elections shall be held annually on the fH:st fourth Tuesday aftef the first 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 tflfee two-year term at a regular municipal election to be held in N oyember 1989 February 1997 and shall thereafter be elected for a two- year term at a regular municipal election to be held ffi Noyember 1992 and every two (2) years thereafter. . (2) One (1) Two (2) City Commissioner~ shall be elected for a two-year term at a regular municipal election to be held in November 1989 February 1998 and shall thereafter be elected for a two-year term at a regular municipal election to be held in November 1991 and every two (2) years thereafter. Such City Commissioner~ 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 N o';ember 1990 and shall thereafter be elected for a t':;o year term at a regular municipal election to be held in Noyember 1993 and every t...;o (2) years thereafter. Such City Commissioner shall be elected to Seat No.2. f41 ill Two (2) City Commissioners shall be elected for a two- year term at a regular municipal election to be held in November 1990 February 1997 and shall thereafter be elected for a two-year term at a regular municipal election to be held in November 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 Cfiarter Ordinance 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 thW fourth Tuesday after the first Monday in N o'/cmber March of the year in which the regular municipal election was held. SECTION 5. Oualification 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 September 1 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 fffilSt to file qualification papers shall be extended to 12:00 noon on the next day no later than the last day prior to September 15 of the year in '.'.'hich the election for Slich office is schedl:lled and 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 ;JJdayof APR.,,- ,1996. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA I ~-::::,~ ! <,_,I. ;,. ,~~1 /:.L .(/ S. Scott Vandergrift, Mayor I .J, , f. ' l oj.' (SEAL) ADVERTISED March 21 , 1996 READ FIRST TIME March 19 , 1996 READ SECOND TIME AND ADOPTED A Pr'<..IL .:{ , 1996, UNDER AGENDA ITEM NO. -'lfL. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this ~ day of ----Pft1-J-, 1996. FOLEY & LARDNER yJ>4liJ City Attorney By: C:IWP51IDOCSIOCOEEINEWDATES.ORDI4/2/%118W0151 DPB:dp 6