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Home My WebLink AboutItem 06 First Reading of an Ordinance Amending Section 11-1 of the Code of Ordinances City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: October 1, 2024 Item #: 6 Contact Name: Melanie Sibbitt Department Director: Melanie Sibbitt Contact Number: Ext. 1026 City Manager: Craig Shadrix Subject: First Reading of Ordinance Amending Section 11-1 of the Code of Ordinances for Regular City Commission Meetings. (City Clerk Sibbitt) Background Summary: This ordinance change is being proposed in light of recent modifications to the City Charter that removed the official start time for the swearing in and to grant the City Commission the flexibility to determine meeting times as needed. Situations may arise that require adjustments to meeting times, such as scheduling conflicts, public interest, or significant agenda items. According to Section C-13 of the City of Ocoee City Charter, the City Commission has the authority to establish the timing for regular meetings through ordinance or resolution. On May 16, 2017, the City Commission adopted an ordinance that adjusted the start time from 7:15 p.m. to 6:15 p.m., which took effect during the first regular City Commission meeting in June 2017. The proposed amendment to Section 11-1 of the City of Ocoee Code of Ordinances will state: "The regular meetings of the City Commission of the City of Ocoee shall be held on the first and third Tuesday of each month at such time as approved by the City Commission, as well as at any additional times called for by resolution of the City Commission. Regular meetings shall be held at a location deemed appropriate by the City Commission." Issue: Should the Honorable Mayor and City Commissioners approve an ordinance amending Section 11-1 of the Code of Ordinances for Regular City Commission meetings? Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve an ordinance amending Section 11- 1 of the Code of Ordinances for Regular City Commission meetings. Attachments: 1. Ordinance 2. Business Impact Estimate Financial Impacts: None. City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Type of Item: First Reading ORDINANCE NO. 2024 - AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 11-1 OF THE CITY OF OCOEE CODE OF ORDINANCES; REVISING THE START TIME FOR REGULAR CITY COMMISSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Ocoee City Charter allows the City Commission of the City of Ocoee (“City Commission”) to establish meeting times by ordinance or resolution; and WHEREAS, the City Commission may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, the City Commission of the City of Ocoee desires to amend Section 11-1 of the City of Ocoee Code of Ordinances to amend the start time for regular City Commission meetings; and WHEREAS, the City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED 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 pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Amendment of Section 11-1. Section 11-1 of the City of Ocoee Code of Ordinances is hereby amended as follows with strikethroughs showing deletions and underlines showing additions: Section 11-1. - Regular City Commission meetings. The regular meetings of the City Commission of the City of Ocoee shall be held on the first and third Tuesday of each month at 6:15 p.m. such time as approved by the City Commission and such other regular meetings as may be called for by resolution of the City Commission. Regular meetings of the City Commission of the City of Ocoee shall be held at such location as the City Commission deems appropriate. SECTION 3. 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 4. Codification. It is the intention of the City Commission of the City that the provisions 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 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. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ____ day of ___________, 2024. ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ___ day of __________, 2024. FISHBACK DOMINICK By: Richard Gellar, City Attorney ADVERTISED ______________, 2024 READ FIRST TIME ___________, 2024 READ SECOND TIME AND ADOPTED _____________________, 2024 UNDER AGENDA ITEM NO.__________ 1 City of Ocoee Business Impact Estimate Proposed ordinance’s title/reference: AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 11-1 OF THE CITY OF OCOEE CODE OF ORDINANCES; REVISING THE START TIME FOR REGULAR CITY COMMISSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1 See Section 166.041(4)(c), Florida Statutes. 2 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): This ordinance gives the City Commission the flexibility to change meeting start times, as needed. 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Ocoee, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. None 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: N/A 4. Additional information the governing body deems useful (if any):