HomeMy WebLinkAbout2023-12 Ratifying Resolution 2023-06, Rescinding Special Election Scheduled for June 13, 2023 & Calling Instead for General City Election on March 19, 2024GENERAL !, AND SCHEDULING
ELECTIONON i COINCIDE
ORANGE COUNTY! DAY AND
THE PRE, SIDENTIAL PRE FLA RE, NCE PRIMARY,FOR
ELECTION!' THE DISTRICT 4 COMMISSION
PROPOSED AMENDME NTS TO THE CITY CHARTER,
1 ANY OTHE R MATTERS RE QUIRING MUNICIPAL
ELECTION; PROVIDING FOR A QUALIFYING PERIOD
AND SCHEDULE FOR RUN-OFF ELECTION TO BE
APPLIED IN CONJUNCTION
DESIGNATING THE ORANGE COUNTY
ELECTION;BOARD AS THE CITY CANVASSING BOARI) FOR THE
GENERAL CITY ! i
SEVERABILITY AND A SAVINGS CLAUSE; AND
PROVIDING FOR CONFLICTS AND AN EFFECTIVE
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WHEREAS, the City of Ocoee (the "City") is vested with Horne Rule authority pursuant to
Article V111, 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
and Ordinance 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
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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 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 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
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WHEREAS, section C- 17 of the City Charter states in pertinent part, and mandates, "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
21,2023;and
WHERE AS, 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
WHERE, AS, on April 18, 2023, the City Commission determined that a Chatter 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, in City of Ocoee Resolution 2023-06, adopted and approved on May 2, 2023
at the City Commission meeting:
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(a) Rescinded the call and scheduling of a special election scheduled for June 13,
2023; and
(b) Called a general city election and adopted 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 and to serve as a referendum on
proposed amendments to the Ocoee City Charter, the Presidential Preference
Primary, and any other matters requiring a municipal election; and
(c) Directed the City Clerk and City staff 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.
WHEREAS, pursuant to Florida Statutes § 100.3605(2), a City Commission "may, by
ordinance, change the dates for qualifying and for the election of members of the governing body of
the municipality"; and
WHERE, AS, the City Commission of the City of Ocoee wishes to ratify Resolution 2023-
06 in an ordinance to establish beyond question that changing the dates for qualifying and election
of the District 4 Commission seat is a legislative act within the Commission's reasonable
discretion;
- 11 1:1 IDK*j V &W411102 ILVJ I CUS UJOUTIN—j"11.
SECTION 1. Recitals. The foregoing recitals are incorporated as if set forth at
length herein.
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SECTION 2. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article V111 of the Constitution of the State of
Florida, Chapter 166, Florida Statutes, chapter 5 of the City Code, and the City Charter.
SECTION 3. Resolution 2023-06 Ratified. The City Commission of the City of
Ocoee hereby ratifies City of Ocoee Resolution 2023-06 in its entirety, as if set forth fully herein,
and as indicated in the following Sections of this Ordinance.
SECTION 4. Special Election Rescinded. The City Commission of the City of
Ocoee hereby ratifies the rescinding of its call for, and scheduling of a special election for the
District 4 City Commission seat for June 13, 2023.
SECTION 5. General City Election Date. The City Commission of the City of
Ocoee hereby ratifies its call for a general city election and adoption of 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, and to serve as a referendum on proposed amendments to the Ocoee City
Charter, the Presidential Preference Primary, and any other matters requiring a municipal
election. The following provisions shall apply to the election for District 4 Commissioner held
on March 19, 2024:
(a) To meet the requirements of the Orange County Supervisor of
Elections, the qualifying period for the general city election shall
commence at noon on Friday, December 1, 2023, and shall
terminate at noon on Friday, December 8, 2023;
(b) Pursuant to the provisions of Section C-50 of the City of Ocoee
Charter, the canvassing of absentee, provisional, and overseas
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ballots for the general city election will be conducted by the
Orange County Canvassing Board.
(c) Pursuant to Section 5-2 of the City Code, in the event that the
results of the general city election require a run-off election, such
run-off election shall be held on Tuesday, April 16, 2024. A run-
off election would be conducted at the direction and cost of the
City and would be canvassed by the City Canvassing Board as
provided in Section C-50 of the City of Ocoee Charter.
SECTION 6. Filing Fee and Election Assessment. In accordance Section 5-4
of the City Code, a candidate for the Office of City Commissioner shall pay a municipal filing
fee of $50.00 and, in accordance with Section 99.093, Florida Statutes, a state election
assessment in an amount equal to I percent of the annual salary of the office sought, which is
currently $40.00.
SECTION 7. Direction to the City Clerk and Lj!y Staff. The City
Commission of the City of Ocoee hereby ratifies its direction to the City Clerk and City staff 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 8. Severabili!y. 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
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provision and such holding shall not affect the validity of the remaining portions of this
Ordinance.
SECTION 9. Conflict. To the extent any Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions are in conflict herewith, this Ordinance controls.
SECTION 10. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this 6th day of June, 2023.
/I Melanie Sibbitt, City Clerk
(SEAL)
F.11WIRUITA in IX-yy U3 ff fill -
this O'day of 2023.
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I
CITY OF OCOEE, FLORIDA
Rusty John n, M r
APPROVED BY THE OCOEE CITY 0
COMMISSION ON JUNE 6,2023
UNDER AGENDA ITEM NO. 110 1
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