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HomeMy WebLinkAbout07-20-2023 Agenda PacketOCOEE CHARTER REVIEW COMMISSION Ocoee City Hall 1 N. Bluford Avenue Ocoee, Florida July 20, 2023 AGENDA 6:15 PM • CALL TO ORDER Pledge of Allegiance and Moment of Silence Roll Call and Determination of Quorum •APPROVAL OF MINUTES 1. Approval of the July 13, 2023 Minutes • DISCUSSION/ACTION ITEMS 1. Discuss and Finalize Charter Review Commission Report to the City Commission • PUBLIC COMMENTS •ADJOURNMENT Notice: Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. In accordance with Florida Statute 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 1 N. Bluford Avenue, Ocoee FL 34761, (407) 905-3105, 48 hours in advance of the meeting. More than one Commissioner may participate or hear discussions regarding a matter which will come before the Commission for action. Page 1 of 37 14 Wk4s � Z/� fIQIida Charter Review Commission Ocoee City Hall 1 N. Bluford Avenue Ocoee, Florida July 13, 2023 MINUTES • Call to Order 6:15 p.m. Chair Forges called the meeting to order at 6:15 p.m., in the Commission Chambers of City Hall, located at 1 N. Bluford Avenue. He led the Pledge of Allegiance to the Flag followed by a moment of personal reflection. Recording Clerk Sibbitt called roll and declared a quorum present. Present: Chair Forges and Members Chacon, Lovejoy, Lowrie, and Alternate Member McTavish (1St Alt.), Alternate Member Butler (2"d Alt.). Also present were CRC Facilitator/Board Attorney Geller, and Recording Clerk Sibbitt. Absent: Vice -Chair Sills Guests: Mayor Johnson, Finance Director Roberts, and Procurement Manager Tolbert • APPROVAL OF MINUTES Motion: Move to approve the June 29, 2023, Charter Review Commission Meetinq Minutes as presented; Moved by Member Chacon, seconded by Member Loveiov; Motion carried 5-0. • DISCUSSION AND REVIEW OF CURRENT CITY CHARTER Chair Forges shared he would like to revisit any items they deliberated to be brought back for discussion before they proceed to new business. CRC Facilitator/Board Attorney Geller noted the request for the matrix to be color coded to reference anything that still needed to be addressed or readdressed, such as the items placed at the request of the Finance Director. Chair Forges inquired about the changes to the qualifying period as requested by the Board. CRC Facilitator/Board Attorney Geller summarized the discussion they had on Section 5-3 - Qualification of Candidates, and the changing of the qualifying period during their last meeting; and further, summarized the update to the ordinance as requested by the City Clerk. Page 2 of 37 Charter Review Commission July 13, 2023 5-3. Qualification of candidates. C. Such qualification papers shall be filed and the qualifying fee paid at any time after 12:00 noon on the day which is the first Friday in December prior to the date scheduled for the election fide b SiRess dodo (exGl ding W^^'-ondc and holidays) to the date whiGh is 46 Galendar days prior to the SGheduled date of the regula but not later than 12:00 noon on the date which is the second Friday in December prior to the date scheduled for the election, ef4he-regular mumoip3l sloGtien ef the -year in WhiGh the eleGtien feF Suc-hOffi^Ge-is c^"� or such other 5 business day pualifvinq period for a regular, special, or general election as may be established by the Citv Commission by resolution. Should the last day upon which said qualification papers may be filed fall on a weekend or anether day upon which the City Clerk's office is not open for business, then the deadline for said person to file qualification papers shall be extended to 12:00 noon on the next day on which the City Clerk's office is open for business. Motion: Move to approve the changes to Section 5-3 C. as presented by CRC Facilitator/Board Attornev Geller; Moved by Member Lowrie, seconded by Member Chacon; Motion carried 5-0. CRC Facilitator/Board Attorney Geller explained the proposed changes to C-45 which defines and clarifies regular, special and general elections. C-45. Election dates and terms of office A. Regular Elections. A `regular election' is an election held at a regular interval to elect the office of Mayor or Citv Commissioner. Beginning in March 2021, regular municipal elections shall be held annually on the second Tuesday in March of each odd -numbered year... B. Special Elections. A `special election' is an election that may be held to fill a vacancv on the Citv Commission pursuant to & C-17 or to approve of an ordinance by initiative or repeal an ordinance by referendum pursuant to � C-19. C. General Elections. A `general city election' is anv municipal election that is not a special election or regular election. D. ...Any person elected to the office of Mayor or the office of City Commissioner shall be sworn into office immediately prior to commencement of the next regularly scheduled City Commission meeting... Motion: Move to approve the changes to C-45 (a), (b). (c), and (d) as presented by CRC Facilitator/Board Attornev Geller; Moved by Member Alt. MacTavish, seconded by Member Loveiov; Motion carried 5-0. Chair Forges recognized the Finance Department staff members in the audience and allowed them to present their proposed changes, which CRC Facilitator/Board Attorney Geller explained he had incorporated into his matrix. 21 w' Page 3 of 37 Charter Review Commission July 13, 2023 Finance Director Roberts introduced herself and explained revised recommendations that she will be proposing which differs from what is in the matrix in C-20, C-24, and C- 28, as changes were made after a recent internal staff meeting. Discussion ensued on the proposed recommendations presented. Motion: Move to reiect the recommended chanqes to C-20, C-24, and C-28 as submitted by the Finance Director; Moved by Member Loveiov, seconded by Member Chacon; Motion carried 4-1 with Alt. Member MacTavish opposinq. Finance Director Roberts explained a modification to C-26 — City Attorney, which was not presented in the matrix, for which staff is recommending to not require the City Attorney to review all items specifically those under $50,000 that is not presented before the City Commission, thus eliminating a charge from the City Attorney for the review. Chair Forges requested this be submitted to the board for future discussion and further review since it was not included in the matrix. Finance Director Roberts explained the suggestion to C-18 Independent Audit which incorporates language that references Florida Statute 218.391 and gives the City Commission the power to determine the period for the accountant or firm. C-18 Independent Audit The City Commission shall provide for an independent annual audit of all city accounts in conformance with the auditor selection procedures of � 218.391, Florida Statutes, and may provide for more frequent audits as it deems necessary. Audits shall be made by a certified public accountant or firm of accountants who or which has no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The City Commission may designate such accountant or firm annually or for a period net eXGeed;Rg three (3) yeeFs as determined by the City Commission. If the state makes such an audit, the City Commission may accept it as satisfying the requirements of this section. Discussion ensued on the proposed recommendation presented. Brad Lomneck, Ocoee Resident, inquired if there are any additional costs to the City to run an RFP, and if there were any other areas in the Charter that references other professional services. It was further questioned as to why this was in the Charter and not in the Code. Finance Director Roberts addressed all questions. CRC Facilitator/Board Attorney Geller read aloud Florida Statute 218.391 to provide the Board an understanding of the Audit Selection Committee's powers. Discussion ensued. Motion: Move to approve the proposed chanqe to C-18 as presented by Finance Director Roberts; Moved by Member Lowrie; Motion died for lack of second. 31F.. Page 4 of 37 Charter Review Commission July 13, 2023 Member Lovejoy recommended that CRC Facilitator/Board Attorney Geller review caps and provisions on other professional services and contracts to determine if they would agree on consistency. Consensus of the Board was to have the CRC Facilitator review other professional services and brinq this back for discussion at their next meetinq. CRC Facilitator/Board Attorney Geller explained the City Charter comparison matrix he provided in their packet which incorporates the updated changes made during the June 29th CRC Meeting. The Board discussed the following items within the comparison matrix: • C-8 — Powers of the City Discussion ensued on powers of the City and allowing exchange of property. Further explanation was given on the term "liberally construed" as being incorporated in C-8. C-8. Powers of the city. The City of Ocoee shall have all governmental, corporate and proprietary powers and all other powers possible for a city to have under the Constitution and the laws of Florida as fully and completely as though they were specifically enumerated in this Charter. €XGep as otherwise provided heroin, +The #gllewinp powers of the city shall be construed liberally and in favor of the city, and the specific mention of particular powers in the Charter shall not be construed as limiting, in any way, the powers granted to the city under the Constitution and the laws of Florida. The Citv of Ocoee's powers include: B. Property rights. To purchase, lease, acquire by eminent domain, exchange, or otherwise obtain, receive and hold property or any interest in property, whether real, personal or intangible, for such municipal or other public purposes as the City Commission may, by ordinance or otherwise, deem necessary and proper; to sell, lease, exchange, or otherwise dispose of said property for the benefit of the city to the same extent that natural persons might or could do, except as otherwise provided herein. Motion: Move to accept the proposed changes to C-8 and C-8 B. as presented by CRC Facilitator/Board Attornev Geller; Moved by Member Chacon; Motion died for lack of second. Discussion ensued on the exchanging of properties. Motion to reconsider: Move to reconsider the motion made by Member Chacon; Moved by Member Loveiov; seconded by Alt. Member MacTavish; Motion carried 5-0. 41F Page 5 of 37 Charter Review Commission July 13, 2023 Motion: Move to accept the proposed changes to C-8 and C-8 B. as presented by CRC Facilitator/Board Attornev Geller; Moved by Member Chacon, seconded by Member Loveiov; Motion carried 5-0. Recess 7:41 PM — 7: 50 PM CRC Facilitator/Board Attorney Geller explained the proposed language on preemption, but advised this could be added to the City Code instead of the Charter. C-8 Proposed language: "If a city ordinance is challenged as preempted by County, State, or Federal law, the ordinance shall be construed as narrowly as required to avoid or minimize preemption by County, State, or Federal law. Anv provision or portion of a Citv ordinance that is preempted by County, State, or Federal law shall be severed from the ordinance, provided that a purpose of the ordinance, as determined by the Citv, can be effected, thereby preservinq the validitV of the remaininq provisions or portions of the ordinance. " Motion: Move to reiect the proposed addition on preemption to C-8 as presented by CRC Facilitator/Board Attorney Geller; Moved by Member Loveiov, seconded by Member Lowrie; Motion carried 5-0. CRC Facilitator/Board Attorney Geller explained the proposed language in Section C- 49 Conduct of elections which allows the City Commission to set the dates of elections and qualifying by resolution or ordinance. C-49. Conduct of elections. The City Commission shall designate the places of polling for all city elections and shall give notice of all city elections in accordance with the laws of Florida. Except as otherwise set forth herein, the City Commission shall by ordinance provide for the printing of ballots, the conduct of elections, including absentee procedures, the canvass of returns, and all similar election details. Such ordinance shall, to the extent possible, ensure the secrecy of the ballot and the integrity of the poll. The City Commission maV set the dates of elections and qualifvinq by resolution or ordinance. Member Chacon suggested the proposed language to read, "The Citv Commission may set the dates of elections and dates of qualifvinq by resolution or ordinance." Motion: Move to accept the proposed lanquage on C-49 as presented by CRC Facilitator/Board Attornev Geller and amended by Member Chacon; Moved by Member Lovejoy, seconded by Member Chacon; Motion carried 5-0. Recording Clerk Sibbitt inquired about the meeting dates of July 27th and August 3rd, and if the Board needed to meet on those dates. Discussion ensued about the outstanding research needed on C-18 Independent Audit, and the Board decided they would proceed with discussion so they could conclude with all outstanding items. It was 51V,i! Page 6 of 37 Charter Review Commission July 13, 2023 further discussed that they would like to hold a CRC Meeting on June 20th, so they could finalize the ordinance to be presented before the City Commission on August 1st for their review and comments. Brad Lomneck, Ocoee Resident, commented on the residency requirement and suggested that the one-year requirement should have to be met on the first day of qualifying. Discussion ensued on terms for professional services and research within the Code was conducted. The following amendment was recommended: C-18 Independent Audit The City Commission shall provide for an independent annual audit of all city accounts in conformance with the auditor selection procedures of & 218.391, Florida Statutes, and may provide for more frequent audits as it deems necessary. Audits shall be made by a certified public accountant or firm of accountants who or which has no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The City Commission may designate such accountant or firm annually or for a period not eXGee d;Rg throe (3) „oars not exceedina five (5) years. If the state makes such an audit, the City Commission may accept it as satisfying the requirements of this section. Motion: Move to accept the proposed lanquage in C-18 Independent Audit as follows, "The Citv Commission shall provide for an independent annual audit of all city accounts in conformance with the auditor selection procedures of .4 218.391, Florida Statutes, and may provide for more frequent audits as it deems necessary. Audits shall be made by a certified public accountant or firm of accountants who or which has no personal interest, direct or indirect, in the fiscal affairs of the citv qovernment or anv of its officers. The Citv Commission may designate such accountant or firm annually or for a period not exceedinq five (5) vears. If the state makes such an audit, the Citv Commission may accept it as satisfvinq the requirements of this section." Moved by Member Chacon, seconded by Member Loveiov: Motion carried 4-1 with Member Lowrie opposing. • PUBLIC COMMENTS — Public comments made during Board discussion, as allowed by the Board Chair. • ADJOURNMENT The meeting adjourned at 8:49 p.m. Melanie Sibbitt, Recording Clerk Chair 61 Page 7 of 37 ORDINANCE NO.2023- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CONSISTING OF A REPORT BY THE CITY'S CHARTER REVIEW COMMISSION PROPOSING AMENDMENTS TO THE CITY OF OCOEE'S CHARTER FOR THE BALLOT AT THE NEXT GENERAL MUNICIPAL ELECTION, ON MARCH 19, 2024 PERTAINING TO: (1) § C-8 (POWERS OF THE CITY) TO STATE THAT THE CITY'S POWERS SHALL BE CONSTRUED LIBERALLY IN FAVOR OF THE CITY AND THAT THE CITY'S ENUMERATED POWERS SHALL INCLUDE THE AUTHORITY TO EXCHANGE PROPERTY; (2) § C-11 (ELIGIBILITY, RESIDENCY REQUIREMENT AND PROOF) TO REQUIRE CANDIDATES FOR MAYOR TO RESIDE IN THE CITY FOR AT LEAST ONE YEAR BEFORE QUALIFYING AS A CANDIDATE AND TO REQUIRE CANDIDATES FOR CITY COMMISSIONER TO RESIDE IN THE DISTRICT THEY SEEK TO REPRESENT FOR AT LEAST ONE YEAR BEFORE QUALIFYING AS A CANDIDATE; (3) § C-17 (SUCCESSORS) TO PROVIDE FOR THE SUCCESSOR TO THE OFFICE OF MAYOR OR COMMISSIONER TO BE ELECTED AT THE NEXT REGULAR OR GENERAL CITY ELECTION, IF HELD WITHIN TWELVE (12) MONTHS OF THE VACANCY; (4) § C-18 (INDEPENDENT AUDIT) TO AUTHORIZE THE CITY COMMISSION TO DESIGNATE AN ACCOUNTANT OR ACCOUNTING FIRM IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN FLORIDA STATUTES § 218.391 FOR A PERIOD NOT TO EXCEED FIVE YEARS; (5) § C-21 (APPOINTMENT; QUALIFICATIONS; COMPENSATION) TO AUTHORIZE THE CITY COMMISSION TO REASONABLY EXTEND THE REQUIREMENT FOR THE CITY MANAGER TO BECOME A RESIDENT OF THE CITY OF OCOEE WITHIN ONE YEAR OF BEGINNING EMPLOYMENT BY A UNANIMOUS VOTE; (6) § C-28 (CITY CLERK) TO CLARIFY THAT THE CITY CLERK'S SALARY IS SUBJECT TO THE CITY COMMISSION'S BUDGET APPROVAL; (7) § C-45 (ELECTION DATES) TO DEFINE "REGULAR," "SPECIAL," AND "GENERAL CITY ELECTIONS" AND TO PROVIDE FOR THE SWEARING -IN OF A NEWLY- 1 Page 8 of 37 ELECTED MAYOR OR CITY COMMISSIONER IMMEDIATELY BEFORE [AT THE COMMENCEMENT F1 THE NEXT REGULARLY SCHEDULED CITY COMMISSIONER MEETING AFTER THE CANVASSING BOARD DECLARES THE ELECTION RESULTS; (8) § C-49 (CONDUCT OF ELECTIONS) TO AUTHORIZE THE CITY COMMISSION TO SET THE DATES OF ELECTIONS AND QUALIFYING PERIODS FOR CANDIDATES BY RESOLUTION OR ORDINANCE; (9) § C-50 (CERTIFICATION OF RESULTS; CANVASS OF RETURNS; NOTIFICATION OF SUCCESSFUL CANDIDATES) TO APPOINT THE CITY CLERK TO THE CITY OF OCOEE'S CANVASSING BOARD TOGETHER WITH TWO OTHER CITIZENS AND TWO CITIZEN ALTERNATES APPOINTED BY THE CITY COMMISSION; (10) PROVIDING A FORM OF BALLOT FOR EACH PROPOSED AMENDMENT; (11) DIRECTING THE CITY CLERK TO FILE THE REVISED CHARTER AS APROVED BY THE VOTERS WITH THE FLORIDA DEPARTMENT OF STATE; (12) PROVIDING FOR SEVERABILITY AND A SAVINGS CLAUSE; AND (13) PROVIDING FOR CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City of Ocoee (the "City") is vested with Home Rule authority pursuant to Article VIII, § 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, § C-59 of the City of Ocoee 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 of Ocoee 2 Page 9 of 37 Charter, including an enlarged residency requirement for Mayoral and City Commission candidates; and WHEREAS, in accordance with § C-61 of the City of Ocoee Charter, the City Commission determined that citizens should vote on proposed Charter amendments at the next municipal election, on March 19, 2024; and WHEREAS, on May 16, 2023, the City Commission appointed a Charter Review Commission consisting of seven citizens, including two alternates, to review the Charter and recommend proposed amendments; WHEREAS, § C-61 of the City of Ocoee Charter states, "The Charter Review Commission shall be empowered to conduct a comprehensive study of any or all phases of city government." WHEREAS, in June and July 2023, the Charter Review Commission held multiple advertised public meetings, conducted a comprehensive study of various aspects of city government as affected by the Charter, and solicited and received input from citizens of the City of Ocoee; WHEREAS, § C-61 of the City of Ocoee Charter further states, "If changes are recommended, the Charter Review Commission shall transmit its proposed report with Charter amendments in ordinance form to the City Commission for comment." WHEREAS, Florida Statutes § 166.031(1) states in pertinent part, "The governing body of a municipality may, by ordinance... submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipality. The governing body of the 3 Page 10 of 37 municipality shall place the proposed amendment contained in the ordinance ... at the next general election held within the municipality or at a special election called for such purpose." WHEREAS, on July 20, 2023, the Charter Review Commission voted to submit recommended amendments to the City of Ocoee Charter, set forth herein, in a proposed Report in the form of this Ordinance to the City Commission; WHEREAS, on August 1, 2023, the Charter Review Commission presented its proposed Report in the form of this Ordinance to the City Commission, recommending amendments to the City of Ocoee as set forth herein; WHEREAS, as to a proposed amendment to § C-8 of the Ocoee City Charter (Powers of the City), the municipal charters of the City's neighbors, the Town of Windermere and City of Winter Garden, as well as many other municipalities provide that their local governmental powers "shall be construed liberally in favor of the municipality;" that liberal construction is a judicial term of art that authorizes courts to effect the intended purpose of the language; that the existing language of the Ocoee City Charter provides for liberal construction of enumerated powers instead of all powers, and the Charter Review Commission determined that liberal construction is appropriate to effect the purpose for all of the City's lawful powers; WHEREAS, as to a proposed amendment to § C-8 of the Ocoee City Charter (Powers of the City), the Charter Review Commission determined that, enumerated powers of the City of Ocoee for the acquisition and disposal of property, including real property; should include the exchange of such properties; WHEREAS, as to a proposed amendment to § C-11 of the Ocoee City Charter (Eligibility, Residency Requirement and Proof), the Charter Review Commission determined that, to uphold the integrity of the City's elections, candidates for Mayor should reside in the F Page 11 of 37 City for at least one year before qualifying, and candidates for Commissioner should reside in the district they seek to represent for at least one year before qualifying, and that the candidates should furnish such proof of meeting the residency requirement as the City Commission may prescribe by ordinance; WHEREAS, as to a proposed amendment to § C-17 of the Ocoee City Charter (Successors), the Charter Review Commission determined that, by ordinance, the qualifying period for a candidate who seeks to be the successor to a Mayor or Commissioner who has resigned should occur early enough so that the successor's election occurs during the same election the resigning Mayor or Commissioner is running for another office; therefore, the Charter Review Commission determined that C-17 should be amended to provide that the successor to the resigning Mayor or Commissioner should be elected at the next regular or general city election within 12 months of the resignation; the Charter Review Commission also approved of clarifying language in C-17 and is recommending that the City Commission adopt an ordinance establishing that the qualifying period for candidates for Mayor and City Commissioner occur between noon the first Friday in December and noon the second Friday in December before the election, and such other five business day qualifying periods as the City Commission may establish; WHEREAS, as to a proposed amendment to § C-18 of the Ocoee City Charter (Independent Audit), the Charter Review Commission determined that the current requirement to procure a new auditor every three years is excessive due to the passage of Florida Statutes § 218.391, which as a safeguard against fraud and embezzlement by requiring municipalities to establish an auditor selection committee; therefore, the Charter Review Commission determined 5 Page 12 of 37 that the City Commission should have the authority to designate an accountant or accounting firm to serve as auditor for a period not exceeding five (5) years; WHEREAS, as to a proposed amendment to § C-21 of the Ocoee City Charter (Appointment, qualifications, compensation of the City Manager), the Charter Review Commission determined that the City Commission should have the flexibility to reasonably relax the requirement for a new City Manager to reside in the City of Ocoee within one-year of beginning employment due to extenuating circumstances or market conditions, but only with unanimous consent; WHEREAS, as to a proposed amendment to § C-28 of the Ocoee City Charter (City Clerk), the Charter Review Commission determined that the Charter should reflect actual practice such that the City Manager determines the salary of the City Clerk, subject to the budget approval of the City Commission; WHEREAS, as to a proposed amendment to § C-45 of the Ocoee City Charter ((Election dates and terms of office), the Charter Review Commission determined that, for clarity, the Charter should define the terms "regular election," "special election," and "general municipal election," which are used in various sections of the Charter, and further, that a person elected to the office of Mayor or City Commissioner should be sworn -in immediately before [UPON COMMENCEMENT OF"] the first regular meeting of the City Commission, instead of at the currently prescribed time of 7:00 p.m., given that City Commission meetings commence at 6:15 p.m.; WHEREAS, as to a proposed amendment to § C-49 of the Ocoee City Charter (Conduct of Elections), the Charter Review Commission determined that the City Commission should no Page 13 of 37 have the flexibility to schedule elections and candidate qualifying periods by either resolution or ordinance; WHEREAS, as to a proposed amendment to § C-50 of the Ocoee City Charter (Certification of results; canvass of returns; notification of successful candidates), the Charter Review Commission determined that the city clerks of the Town of Windermere, the City of Apopka, and the City of Winter Garden serve on each city's respective election canvassing board; that the City Clerk of the City of Ocoee coordinates the City's election activities and must certify election results under § C-50; that for practical reasons the City Clerk of the City of Ocoee should serve on the City of Ocoee's canvassing board together with two citizens appointed by the City Commission, and, to increase citizen participation, the City Commission should appoint two citizens as alternates to the canvassing board. WHEREAS, § C-61 of the Ocoee City Charter further states, "The City Commission shall, within 45 days of receipt, review the report" of the Charter Review Commission. "If the City Commission has comments or recommendations, the City Commission will return its comments or recommendations, if any, to the Charter Review Commission within the same 45 day period." WHEREAS, § C-61 of the Ocoee City Charter further states, "The Charter Review Commission shall consider the comments or recommendations of the City Commission and then shall make its own final report to the City Commission, in ordinance form, which shall be adopted verbatim by the City Commission and which shall be placed on the ballot at the next municipal election." WHEREAS, pursuant to Florida Statutes § 166.031, on , 2023, the City Commission conducted an advertised public hearing and adopted this ordinance to submit to 7 Page 14 of 37 the voters at the next municipal election, on March 19, 2024, proposing amendments to the Ocoee City Charter. WHEREAS, Florida Statutes § 166.031(2) states, "Upon adoption of an amendment to the charter of a municipality by a majority of the electors voting in a referendum upon such amendment, the governing body of said municipality shall have the amendment incorporated into the charter and shall file the revised charter with the Department of State. All such amendments are effective on the date specified therein or as otherwise provided in the charter." NOW, THEREFORE, BE IT ORDAINED 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 and are hereby made a part of this ordinance. SECTION 2. 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, Chapter 166, Florida Statutes, chapter 5 of the City Code pertaining to elections, and § C-61 of the Ocoee City Charter, pertaining to the Charter Review Commission. SECTION 3. Format of Proposed Amendments to the Ocoee City Charter. In the proposed amendments to the Ocoee City Charter in the sections that follow, words that are stricken are deletions; words that are underlined are additions; and stars (***) indicate omitted sections and subsections that do not represent Charter amendments. SECTION 4. Proposed Amendment to & C-8 of the Ocoee City Charter: Powers of the City. 4_1 Text of the Amendment. The City shall submit the following proposed amendment of § C-8 of the Ocoee City Charter to the qualified electors of the City of Ocoee: 3 Page 15 of 37 § C-8. Powers of the city. The City of Ocoee shall have all governmental, corporate and proprietary powers and all other powers possible for a city to have under the Constitution and the laws of Florida as fully and completely as though they were specifically enumerated in this Charter. Ex ept ., othe,..,,ise p idea heFei *The following powers of the city shall be construed liberally and in favor of the city to effect their intended pumoses, and the specific mention of particular powers in the Charter shall not be construed as limiting, in any way, the powers granted to the city under the Constitution and the laws of Florida. The Citv of Ocoee's bowers include: B. Property rights. To purchase, lease, acquire by eminent domain, exchange, or otherwise obtain, receive and hold property or any interest in property, whether real, personal or intangible, for such municipal or other public purposes as the City Commission may, by ordinance or otherwise, deem necessary and proper; to sell, lease, exchange, or otherwise dispose of said property for the benefit of the city to the same extent that natural persons might or could do, except as otherwise provided herein. 4.2 Ballot Question. The ballot title and summary for the proposed City Charter amendment to § C-8 set forth in § 4 of this Ordinance shall be set forth below, and shall be followed by the words "yes" and "no": E Page 16 of 37 Question #1: Amendment of § C-8, City of Ocoee Charter Shall § C-8 of the City of Ocoee Charter be amended to provide that the City of Ocoee's powers be liberally construed in favor of the city to effect their intendedput-poses, and that the City's enumerated powers shall include the right to acquire or dispose of property, including real property, by exchange? YES l� SECTION 5. Proposed Amendment to � C-11 of the Ocoee City Charter (Eligibility. Residency Requirement and Proof). 5.1 Text of the Amendment. The City shall submit the following proposed amendment to § C-11 of the Ocoee City Charter to the qualified electors of the City of Ocoee: § C-11: Eligibility. Residency Requirement and Proof. Each candidate for the office of Mayor shall, at the time of for at least one year before qualifying as a candidate for such office, be a bona fide resident of the city. The Mayor shall, during the entire term of office, be a bona fide resident of the city. Each candidate for the office of Commissioner shall, at the time of for at least one year before qualifying as a candidate for such office, be a bona fide resident of the single -member district which such candidate seeks to represent. A candidate for Mayor or Commissioner shall furnish such proof of meetin4 the one year residency requirement as may be prescribed by ordinance. 10 Page 17 of 37 5.2 Ballot Question. The ballot title and summary for the proposed City Charter amendment to § C-I I set forth in § 5 of this Ordinance shall be set forth below, and shall be followed by the words "yes" and "no": Question #2: Amendment of § C-11, City of Ocoee Charter Shall § C-I I of the Ocoee City Charter be amended to provide that candidates for Mayor shall reside in the City of Ocoee for at least one year before qualifying as a candidate and to require candidates for City Commissioner to reside in the district they seek to represent for at least one year before qualifying as a candidate? YES NO SECTION 6. Proposed Amendment to & C-17 of the Ocoee Citv Charter (Successors). 6.1 Text of the Amendment. The City shall submit the proposed amendment to § C- 17 of the Ocoee City Charter to the qualified electors of the City of Ocoee as follows: C. Filling of vacancies. 1. If any vacancy, other than the Office of Mayor, occurs in the City Commission, an eligible person shall be selected by the City Commission within thirty (30) days of the vacancy to serve as an interim Commissioner until the successor is elected. If a vacancy occurs in the office of Mayor, the Mayor pro tem shall serve as an interim Mayor until the successor is elected. The City Commission shall appoint an interim Commissioner to fill the vacancy created by the Mayor pro tem serving as Mayor; such 11 Page 18 of 37 interim Commissioner shall serve until such time as a Mayor is elected. The Mayor pro tern shall resume representation of his [O HER] single -member district for the remainder of the term. 2. The successor to the office of Mayor or Commissioner shall be elected at the next regular or general city election if such election is to be held within twelve (12) months of the vacancy. If a general city election will not be held within twelve (12) months, the successor shall be elected at a special election which shall be called by the City Commission within ninety (90) days of the vacancy. The successor shall serve for the unexpired terin of the member who created the vacancy. 3. If all members of the City Commission are removed at the same time, the Governor of the State of Florida shall appoint an interim City Commission that shall call a special election to elect their successors within ninety (90) days of appointment. 6.2 Ballot Question. The ballot title and summary for the proposed City Charter amendment to § C-17 set forth in § 6 of this Ordinance shall be set forth below, and shall be followed by the words "yes" and "no": Shall § C-17 of the Ocoee City Charter be amended to provide that the successor to the office of Mayor or City Commissioner shall be elected at the next regular or general city election, if held within 12 (twelve) months of the vacancy? YES 12 Page 19 of 37 SECTION 7. Proposed Amendment to � C-18 of the Ocoee Citv Charter (Independent Audit). 7.1 Text of the Amendment. The City shall submit the following proposed amendment to § C-18 of the Ocoee City Charter to the qualified electors of the City of Ocoee: C-18 Independent Audit The City Commission shall provide for an independent annual audit of all city accounts in conformance with the auditor selection procedures of 218.391, Florida Statutes, and may provide for more frequent audits as it deems necessary. Audits shall be made by a certified public accountant or firm of accountants who or which has no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The City Commission may designate such accountant or firm annually or for a period not exceeding4hree-(3-)-five 5 years. If the state makes such an audit, the City Commission may accept it as satisfying the requirements of this section. 7.2 Ballot Question. The ballot title and summary for the proposed City Charter amendment to § C-18 set forth in § 7 of this Ordinance shall be set forth below, and shall be followed by the words "yes" and "no": Shall § C-18 of the Ocoee City Charter be amended to authorize the City Commission to designate an accountant or accounting finn in accordance with the procedures set forth in Florida Statutes § 218.391 for a period not to exceed five (5) years? 13 Page 20 of 37 YES NO SECTION 8. Proposed Amendment to � C-21 of the Ocoee Citv Charter (Appointment, qualifications, compensation of the Citv Manager) 8.1 Text of the Amendment. The City shall submit the following proposed amendment to § C-21 of the Ocoee City Charter to the qualified electors of the City of Ocoee: 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. Within one (1) year of commencement of employment, the City Manager shall become a resident of the city unless such time is reasonably extended by the unanimous approval of the City Commission, and thereafter shall remain a resident of the City while employed as City Manager. 8.2 Ballot Question. The ballot title and summary for the proposed City Charter amendment to § C-21 set forth in § 8 of this Ordinance shall be set forth below, and shall be followed by the words "yes" and "no": Shall § C-21 of the Ocoee City Charter be amended to authorize the City Commission to reasonably extend the requirement for the City Manager to reside in the City within one year of beginning employment upon the Commission's unanimous approval? YES NO 14 Page 21 of 37 (City Clerk). SECTION 9. Proposed Amendment to & C-28 of the Ocoee Citv Charter 9.1 Text of the Amendment. The City shall submit the following proposed amendment to § C-28 of the Ocoee City Charter to the qualified electors of the City of Ocoee: C-28. City Clerk. A. Appointment; powers and duties. There shall be a City Clerk who shall be appointed by the City Manager. The City Clerk shall be under the direction and supervision of the City Manager. The salary of the City Clerk shall be determined by the City Manager, subject to the budget approval of the City Commission. *** 9.2 Ballot Question. The ballot title and summary for the proposed City Charter amendment to § C-28 set forth in § 9 of this Ordinance shall be set forth below, and shall be followed by the words "yes" and "no": Shall § C-28 of the Ocoee City Charter be amended to clarify that the City Manager shall determine the City Clerk's salary, subject to budget approval by the City Commission? YES SECTION 10. Proposed Amendment to & C-45 of the Ocoee Citv Charter (Election dates and terms of office). 10.1 Text of the Amendment. The City shall submit the following proposed amendment to § C-45 of the City Charter to the qualified electors of the City of Ocoee: 15 Page 22 of 37 C-45. Election dates and terms of office. A. Regular Elections. A `regular election' is an election held at a regular interval to elect the office of Mayor or City Commissioner. Beginning in March 2021, regular municipal elections shall be held annually on the second Tuesday in March of each odd -numbered year. * * * B. Special Elections. A `special election' is an election that may be held to fill a vacancy on the City Commission pursuant to � C-17 or to approve of an ordinance by initiative or repeal an ordinance by referendum pursuant to § C-19. C. General Elections. A general city election' is any municipal election that is not a special election or regular election. B.D. 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. o the day immediately prior to commencement PRIOR TO C C ` '_of the next regularly scheduled City Commission meeting held after the results of 16 Page 23 of 37 the election are declared by the Canvassing Board as set forth in § C-50 of this charter. The incumbent Mayor and City Commissioners in office on the date of approval of this provision by the voters of the City 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. 10.2 Ballot Question. The ballot title and summaries for the proposed City Charter amendments to § C-45 set forth in § 10 of this Ordinance shall be set forth below, and shall be followed by the words "yes" and "no": 10.2.1. Shall § C-45 of the Ocoee City Charter be amended to define "regular elections" as those held at regular intervals for the election of Mayor and City Commissioner, "special elections" as those held to fill a vacancy in the office of Mayor or City Commissioner, for a citizen initiative to approve of an ordinance, or a referendum to repeal an ordinance, and "general elections" as any other municipal election? YES NO 10.2.2. 17 Page 24 of 37 Shall § C-45 of the Ocoee City Charter be amended to state that any person elected to the office of Mayor or City Commissioner shall be sworn into office immediately prior to commencement (SHOULD THIS INSTEAD AY "AT THE COMMENCEMENT" NSTEA"IMMEDIATELY PRIOR TO COMMENCEMENT?" of the next regularly scheduled City Commission meeting held after the Canvassing Board declares the election results? YES NO SECTION 11. Proposed Amendment to z C-49 of the Ocoee Citv Charter (Conduct of Elections). 11.1 Text of the Amendment. The City shall submit the following proposed amendment to § C-49 of the Ocoee City Charter to the qualified electors of the City of Ocoee: C-49. Conduct of Elections The City Commission shall designate the places of polling for all city elections and shall give notice of all city elections in accordance with the laws of Florida. Except as otherwise set forth herein, the City Commission shall by ordinance provide for the printing of ballots, the conduct of elections, including absentee procedures, the canvass of returns, and all similar election details. Such ordinance shall, to the extent possible, ensure the secrecy of the ballot and the integrity of the poll. The Citv Commission may set the dates of elections and civalifvin4 of candidates by resolution or ordinance. Page 25 of 37 11.2 Ballot Question. The ballot title and summary for the proposed City Charter amendment to § C-49 set forth in § 11 of this Ordinance shall be set forth below, and shall be followed by the words "yes" and "no": Shall § C-49 of the Ocoee City Charter (Conduct of Elections) be amended to authorize the City Commission to set the dates of elections and qualifying periods of candidates by either resolution or ordinance? YES NO SECTION 12. Proposed Amendment to � C-50 of the Ocoee Citv Charter ((Certification of results, canvass of returns, notification of successful candidates). 12.1 Text of the Amendment. The City shall submit the following proposed amendment to § C-50 of the Ocoee City Charter (Certification of results; canvass of returns; notification of successful candidates) to the qualified electors of the City of Ocoee: § C-50. Certification of results; canvass of returns; notification of successful candidates. The results of the voting at each polling place when ascertained shall be certified by return in duplicate signed by the Clerk and a majority of the inspectors of the election, one (1) copy being delivered by the Clerk and inspectors to the Mayor and the other to the City Clerk, both of whom shall transmit such return to a public meeting of the Canvassing Board, which shall consist of the Citv Clerk and thfe-e (3) two 2 citizens appointed by the City Commission. The Citv Commission shall also appoint two (2) 19 Page 26 of 37 additional citizens to serve as alternates to the Canvassing Board. The Canvassing Board shall canvass the returns and shall declare the results of the canvass as the results of the election in a manner provided by city ordinance or as otherwise required by law. A majority of the Canvassing Board shall constitute a quorum thereof. Notwithstanding the foregoing, with the agreement of the Orange County Canvassing Board and Orange County Supervisor of Elections, the City Commission may, by ordinance, assign and abdicate the canvassing responsibilities of the City Canvassing Board to the Orange County Canvassing Board. In such event, the Orange County Canvassing Board shall canvass the returns and shall declare the results of the canvass as the results of the election in a manner provided by city ordinance or as otherwise required by law. 12.2 Ballot Question. The ballot title and summary for the proposed City Charter amendment to § C-50 set forth in § 12 of this Ordinance shall be set forth below, and shall be followed by the words "yes" and "no": Shall § C-50 of the Ocoee City Charter (Certification of results; canvass of returns; notification of successful candidates) be amended to appoint the City Clerk to the City of Ocoee's election Canvassing Board in addition to two citizens and two citizen alternates appointed by the City Commission? YES NO 20 Page 27 of 37 SECTION 13. Codification & Corrections. Any City Charter amendment provided for in this Ordinance which receives affirmative votes from the majority of the votes cast shall be incorporated into the City Charter of the City of Ocoee. Any section, paragraph number, letter and/or any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and similar like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this Ordinance or the City Charter may be freely made. SECTION 14. Directions to Citv Staff. City Staff, under the direction of the City Manager, are directed and authorized to take such actions as are necessary and advisable to effect and carry out this Ordinance and the City Charter amendments and referendum provided for herein, including putting the questions set forth herein on the ballot for the next municipal election on March 19, 2024. If the City Charter is amended by a majority vote of the qualified electors of the City, the City Clerk shall file a copy of the revised City Charter with the Florida Department of State in accordance with § 166.031(2), Florida Statutes. SECTION 15. SECTION 14. 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, severed, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 16. Conflict. In the event of a conflict or conflicts between this Ordinance and any other Ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the law. 21 Page 28 of 37 SECTION 17. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. Any City Charter amendment provided for herein shall become effective immediately upon approval by the qualified voters of Ocoee and certification by the Supervisor of Elections or other appropriate officer or entity. PASSED AND ADOPTED this FIRST READING: ADVERTISED: SECOND READING: ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2023. Richard S. Geller, Special Counsel day of 2023. , 2023 , 2023 , 2023 APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor APPROVED BY THE OCOEE CITY COMMISSION ON , 2023 UNDER AGENDA ITEM NO. 22 Page 29 of 37 S:\AKA\CLIENTS\Ocoee, City of\Charter Review - Elections 0164-27414\Resolution and Ordinances\Ordinance Amending Ocoee Charter - rsg - 7 12 23.doc 23 Page 30 of 37 ORDINANCE NO.2023- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ENACTING A RECOMMENDATION BY THE CITY'S CHARTER REVIEW COMMISSION PROPOSING AMENDMENTS TO SECTION 5-3 OF THE CODE OF THE CITY OF OCOEE PERTAINING TO THE PROOF REQUIRED FOR MEETING THE ONE YEAR RESIDENCY REQUIREMENT PROPOSED AS AN AMENDMENT TO THE CITY OF OCOEE CHARTER; ESTABLISHING THE QUALIFYING PERIOD FOR CANDIDATES FOR THE OFFICE OF MAYOR AND CITY COMMISSIONER BETWEEN NOON ON THE FIRST FRIDAY IN DECEMBER UNTIL NOON ON THE SECOND FRIDAY IN DECEMBER BEFORE THE SCHEDULED ELECTION FOR SUCH OFFICES; AND AUTHORIZING THE CITY COMMISSION TO SET OTHER FIVE (5) BUSINESS DAY QUALIFYING PERIODS BY RESOLUTION. WHEREAS, the City of Ocoee (the "City") is vested with Home Rule authority pursuant to Article V1II, 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, § C-59 of the City of Ocoee 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 Ocoee City Charter, including an enlarged residency requirement for candidates for Mayor and City Commissioner; and 1 Page 31 of 37 WHEREAS, in accordance with § C-61 of the City of Ocoee Charter, the City Commission determined that citizens should vote on proposed Charter amendments at the next municipal election, on March 19, 2024; and WHEREAS, on May 16, 2023, the City Commission appointed a Charter Review Commission consisting of seven citizens, including two alternates, to review the Charter and recommend proposed amendments; WHEREAS, § C-61 of the City Charter states, "The Charter Review Commission shall be empowered to conduct a comprehensive study of any or all phases of city government." WHEREAS, in June and July 2023, the Charter Review Commission held multiple advertised public meetings, comprehensively studied phases of city government as impacted by the Ocoee City Charter, and solicited and received input from citizens of the City of Ocoee; WHEREAS, as to a proposed amendment to § C-11 of the Ocoee City Charter (Eligibility, Residency Requirement and Proof), the Charter Review Commission determined that, to uphold the integrity of the City's elections, candidates for Mayor should reside in the City for at least one year before qualifying as a candidate, and candidates for Commissioner should reside in the district they seek to represent for at least one year before qualifying as a candidate, and that the candidates should furnish to the City Clerk such proof of meeting the residency requirement as the City Commission may prescribe by ordinance; WHEREAS, the Charter Review Commission determined that it is preferable for qualified electors to vote on a successor to a Mayor or City Commissioner who has resigned to run for another office at the same election the resigning Mayor or City Commissioner is seeking the other office; however, a qualifying period in the January before the election does not leave sufficient time for notification and to hold a second qualifying period for candidates to run for the vacated 2 Page 32 of 37 office before the mailing of overseas and military ballots; therefore, the Charter Review Commission is recommending that the usual qualifying period for the offices of Mayor and City Commissioner take place between noon on the first Friday in December before the election and ending at noon on the second Friday in December before the election, and allowing the City Commission discretion to establish a second five (5) business day qualifying period to fill the vacancy for the same election, or for other purposes, including any requirements of the Orange County Supervisor of Elections; WHEREAS, on July 20, 2023, the Charter Review Commission voted to submit its recommended amendments to the City of Ocoee Charter to the City Commission; WHEREAS, on July 20, 2023, the Charter Review Commission also voted to recommend that, to implement the proposed amendment to § C-ll of the Ocoee City Charter, the City Commission should adopt an ordinance amending § 5-3 of the Code of the City of Ocoee that would (1) identify the proof required to establish one-year of residency in the City for candidates for Mayor, and one year residency in the district they seek to represent, for candidates for City Commissioner; (2) establish a qualifying period between noon on the first Friday in December before an election and ending at noon on the second Friday in December before an election; and (3) authorizing the City Commission to establish other five (5) business day qualifying periods by resolution. NOW, THEREFORE, BE IT ORDAINED 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 and are hereby made a part of this ordinance. 3 Page 33 of 37 SECTION 2. 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, Chapter 166, Florida Statutes, and § C-49 of the Ocoee City Charter, which authorizes the City Commission to, by ordinance, provide for the conduct of elections and "election details." SECTION 3. Amendment to § 5-3 of the Code of the City of Ocoee (Qualification of candidates). Section 5-3 of the Code of the City of Ocoee is amended as follows: § 5-3. Qualification of candidates. A. 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. B. A candidate for Mavor shall furnish to the Citv Clerk proof of at least one-vear of residencv in the City and a candidate for Commissioner shall furnish to the Citv Clerk proof of at least one- vear of residencv in the District in which the candidate is runnin4. Such proof of residencv shall be sworn -to under penalty of periury and consist of a voter registration card and government -issued photo identification card and at least one of the followinz: a deed, lease, utility bills, or other clear and convincing documentary rp oof G Page 34 of 37 C. Such qualification papers shall be filed and the qualifying fee paid at any time after 12:00 noon on the day which is the first Friday in December prior to the date scheduled for the election five business. .. a! eleeti n 4h „o-ar in the election for suesueh o ffi e ;s s but not later than 12:00 noon on the date which is the second Friday in December prior to the date scheduled for the election for such office,46 calendar- dayspr-ioFto the sehe ul a election for- such office is sehe'ul , or such other 5 business day qualifvin�2 period for a regular, special, or general election as may be established by the City Commission by resolution. Should the last day upon which said qualification papers may be filed fall on a weekend ^r anot e day upon which the City Clerk's office is not open for business, then the deadline for said person to file qualification papers shall be extended to 12:00 noon on the next day on which the City Clerk's office is open for business. SECTION 4. Codification & Corrections. In codifying the foregoing amendment to § 5-3 of the Code of the City of Ocoee, any section, paragraph number, letter and/or any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and similar like errors may be corrected, and additions, alterations, and omissions 5 Page 35 of 37 not affecting the construction or meaning of this Ordinance or the City Charter may be freely made. SECTION 5. Directions to Citv Staff. City Staff, including the City Clerk, under the direction of the City Manager, are directed and authorized to take such actions as are necessary and advisable to effect and carry out this Ordinance. 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, severed, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 7. Conflict. In the event of a conflict or conflicts between this Ordinance and any other Ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the law. SECTION 8. Effective Date. This Ordinance shall become effective immediately upon adoption of the amendment to § C-11 of the Ocoee City Charter (Eligibility, Residency Requirement and Proof) proposed by the Charter Review Commission, upon a majority vote of the qualified electors of the City of Ocoee on March 19, 2024, or when otherwise voted upon, and certification by the Supervisor of Elections or other appropriate officer or entity. PASSED AND ADOPTED this day of , 2023. FIRST READING: , 2023 ADVERTISED: , 2023 SECOND READING: , 2023 G Page 36 of 37 ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON , 2023 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of .2023. Richard S. Geller, Special Counsel S:\AKA\CLIENTS\Ocoee, City oflCharter Review - Elections 0164-27414\Resolution and Ordinances\Ordinance Amending Sec. 5-3 of the City Code (Qualification of Candidates) - rsg - 7 19 23.docx 7 Page 37 of 37