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Home My WebLink About2023-06 Rescinding the City's Call for a Special Election and Calling for a General City Election on March 19, 2024 RESOLUTION NO. 2023-06 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RESCINDING THE CITY'S CALL FOR A SPECIAL ELECTION FOR THE DISTRICT 4 COMMISSION SEAT SCHEDULED FOR JUNE 13,2023; CALLING INSTEAD FOR A GENERAL CITY ELECTION AND SCHEDULING SUCH ELECTION ON MARCH 19, 2024, TO COINCIDE WITH ORANGE COUNTY MUNICIPAL ELECTION DAY AND THE PRESIDENTIAL PREFERENCE PRIMARY, FOR THE ELECTION FOR THE DISTRICT 4 COMMISSION SEAT, PROPOSED AMENDMENTS TO THE CITY CHARTER, AND ANY OTHER MATTERS REQUIRING A MUNICIPAL ELECTION; PROVIDING FOR SEVERABILITY AND A SAVINGS CLAUSE; AND PROVIDING FOR CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City of Ocoee(the "City") is vested with Home Rule authority pursuant to Article VIII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes to conduct municipal government, and exercise any power for municipal purposes except as otherwise prohibited by law;and WHEREAS, the City's broad Home Rule authority includes the power to call, rescind the call, and schedule elections pertaining to the City Commission and the City Charter by Resolution in accordance with the Charter and City Code; and WHEREAS, the calling and scheduling of an election is a discretionary legislative act of the City Commission within the requirements established in the City Charter, chapter 5 of the City Code, and under chapter 100,Florida Statutes; and WHEREAS, pursuant to Section C-10 of the City Charter, "The City Commission shall be the judge of the election and qualification of its members....;"and • WHEREAS, pursuant to Section C-17 of the City Charter, the City Commission called a special election to choose "[t]he successor [who] shall serve for the unexpired term of the member who created the vacancy" of the District 4 Commission seat, and scheduled the special election for June 13, 2023; and WHEREAS, the special election would require the City to pay the cost of printing ballots and poll workers, estimated at$10,000.00; and WHEREAS, the Orange County Supervisor of Elections is encouraging municipalities in Orange County, including the City of Ocoee, to hold any pending municipal elections on Orange County Municipal Election Day, concurrently with the Presidential Preference Primary, on March 19, 2024; and WHEREAS,the Orange County Supervisor of Elections has consented,pursuant to Florida Statutes § 100.151, to making voter registration books available immediately to register to vote, which will accommodate an election of the City of Ocoee on Orange County Municipal Election Day, on March 19, 2024; and WHEREAS, the Orange County Supervisor of Elections has committed to assuming the cost of printing ballots, renting polling locations, and compensating the poll workers who will work at the ten precincts in the City of Ocoee on Orange County Municipal Election Day; and WHEREAS,under the circumstances it no longer is financially prudent to hold the election for the District 4 seat on June 13,2023, and WHEREAS, the call of a special election scheduled for June 13, 2023 should be rescinded and the election for the District 4 Commission seat should instead be called and scheduled for Orange County Municipal Election Day, a general city election, on March 19, 2024; and 2 WHEREAS, section C-17 of the City Charter states in pertinent part, "The successor to the office of...Commissioner shall be elected at the next general city election if such election is to be held within twelve(12)months of the vacancy"; and WHEREAS, on January 10, 2023, the prior District 4 City Commissioner submitted a letter resigning from the office of City Commissioner stating, "This resignation is effective on the date that the Mayor is sworn into office in 2023, per the Florida Resign-to-Run Law, as set forth in Section 99.012,Florida Statutes"; and WHEREAS, the District 4 seat on the City Commission became vacant when the City of Ocoee Mayor was sworn into office on March 21,2023; and WHEREAS, a general city election on Orange County Municipal Election Day, March 19, 2024, will take place within one year of the when the vacancy in the District 4 seat began, on March 21, 2024; and WHEREAS, section C-59 of the City Charter states, "A Charter Review Commission may also be appointed by the City Commission at such times as deemed necessary by the City Commission.;"and WHEREAS, on April 18, 2023, the City Commission determined that a Charter Review Commission should be appointed to consider and propose certain amendments to the City Charter, including an enlarged residency requirement for City Commission candidates; and WHEREAS, the City Commission determined that citizens should vote on proposed Charter amendments at the next municipal election, on March 19, 2024; and WHEREAS, the City Commission determines and adjudges that an election on March 19, 2024, for citizens to vote on proposed Charter amendments and the District 4 Commission seat will be a general city election; and 3 WHEREAS, pursuant to Florida Statutes § 100.3605(2), the City Commission "may, by ordinance, change the dates for qualifying and for the election of members of the governing body of the municipality"; and WHEREAS, because the language of Florida Statutes § 100.3605(2) is permissive and not mandatory, the City Commission can reschedule the election for the District 4 seat by Resolution in accordance with the requirements of the City Code and Charter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as if set forth at length herein. SECTION 2. Authority. 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, Chapter 166,Florida Statutes, chapter 5 of the City Code, and the City Charter. SECTION 3. Special Election Rescinded. The City Commission of the City of Ocoee hereby rescinds its call for, and scheduling of a special election for the District 4 City Commission seat for June 13, 2023. SECTION 4. General City Election Date. The City Commission of the City of Ocoee hereby calls a general city election and adopts Orange County Municipal Election Day, March 19, 2024, as the date for the District 4 election of"[t]he successor [who] shall serve for the unexpired term of the member who created the vacancy" of the District 4 Commission seat. The City Commission concurrently calls for this election on March 19, 2024 to serve as a 4 referendum on proposed amendments to the Ocoee City Charter as well as the Presidential Preference Primary, and any other matters requiring a municipal election. SECTION 5. Direction to the City Clerk and City Staff. The City Clerk and City staff are hereby directed to undertake all administrative actions internally and with the Orange County Supervisor of Elections that may be necessary to cancel the special election scheduled for June 13, 2023, and to instead hold a general city election as described herein on March 19, 2024. SECTION 6. Severability. 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 portions of this Resolution. SECTION 7. Conflict. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such conflict. SECTION 8. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 2nd day of May,2023. [Signatures to follow] 5 APPROVED: ATTEST: CITY OF OCOEE,FLORIDA / 77bL././:,11/4/1# Melanie Sibbitt, City Clerk Rusty Johns° ayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON MAY 2,2023 UNDER AGENDA ITEM NO. id FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this2 'day of NM ,2023. By: Ric and . Geller, Special Counsel 6