HomeMy WebLinkAboutItem 02 Approval of Resolution Rescheduling the City's Referendum on Proposed Amendments to the Charter
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: October 15, 2024
Item #: 2
Contact Name: Melanie Sibbitt Department Director: Melanie Sibbitt
Contact Number: Ext. 1026 City Manager: Craig Shadrix
Subject: Approval of Resolution Rescheduling the City's Referendum on Proposed
Amendments to the Charter to Coincide with the Regular Municipal Election Day. (City
Attorney Geller)
Background Summary:
On March 5, 2024, the City Commission adopted Ordinance No. 2024-05, approving the proposed Charter
Amendments to Sections C-9, C-10, and C-17 of the City Charter and placing them on the November 2024
General City Election ballot. However, the Orange County Supervisor of Elections informed the City that due
to the length of the November 5, 2024, election ballot, municipalities could not include referendum questions.
As a result, Ocoee voters will have the opportunity to vote on the referendum questions during the Regular
Municipal Election, expected on Tuesday, March 11, 2025, or on such other day the Orange County
Supervisor of Elections may set in March 2025.
Issue:
Should the Honorable Mayor and City Commissioners approve the resolution to have the proposed Charter
amendments included on the March 11, 2025, ballot, or on such other day the Orange County Supervisor of
Elections may set in March 2025?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve the resolution to have the proposed
Charter amendments included on the March 11, 2025, ballot, or on such other day the Orange County
Supervisor of Elections may set in March 2025.
Attachments:
1. Resolution
Financial Impacts:
Election costs are adequately funded in the budget for FY24/25.
Type of Item: Consent
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RESOLUTION NO. 2024-_________
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RESCHEDULING THE CITY’S REFERENDUM ON
PROPOSED AMENDMENTS TO THE OCOEE CITY
CHARTER TO COINCIDE WITH THE REGULAR
MUNICPAL ELECTION DAY ON TUESDAY, MARCH 11,
2025, OR ON SUCH OTHER DAY THE ORANGE COUNTY
SUPERVISOR OF ELECTIONS MAY SET IN MARCH 2025;
AND PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section C-19 C. of the Ocoee City Charter, the City Commission
approved of Ordinance 2024-05, which proposed certain amendments to Sections C-9, C-10, and C-
17 of the Ocoee City Charter for qualified voters of the City to consider in a referendum; and
WHEREAS, Section 7.2 of Ordinance 2024-05 authorized “City Staff, under direction of
the City Manager…to take such actions as are necessary and advisable to effect and carry out this
Ordinance and the…election provided for herein, including working with the Orange County
Supervisor of Elections to put the questions set forth herein on the ballot at the next general city
election after the effective date of this Ordinance, on November 5, 2024 or as otherwise set by the
City Commission”; and
WHEREAS, the Orange County Supervisor of Elections advised the City that, due to the
length of the November 5, 2024 election ballot, municipalities could not add referendum questions
to the ballot; and
WHEREAS, the Orange County Supervisor of Elections advised that the City of Ocoee
voters could vote on the referendum questions on the Regular Municipal Election Day, expected to
take place on Tuesday, March 11, 2025, or on such other day the Orange County Supervisor of
Elections may set in March 2025.
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2
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 Resolution pursuant to: (1) Article VIII of the Constitution of the State
of Florida; (2) Chapter 166, Florida Statutes; (3) Section C-49 of the Ocoee City Charter, which
states, “The City Commission may set the dates of elections…by resolution or ordinance”; and
(4) Ordinance 2024-05, which specifically authorizes the City Commission to change the date of
the vote on the proposed Charter amendments.
SECTION 2. Regular Municipal Election Date. The City Commission
of the City of Ocoee hereby adopts the Regular Municipal Election Day, expected to take place
on March 11, 2025, or on such other date the Orange County Supervisor of Elections may set in
March 2025, as the date for the City’s qualified voters to vote in a referendum on proposed
amendments to Sections C-9, C-10, and C-17 of the Ocoee City Charter. The City Commission
hereby authorizes the City Clerk, under the direction of the City Manager, to work with the
Orange County Supervisor of Elections to put the questions set forth in Ordinance 2024-05 on
the ballot in March 2025.
SECTION 3. 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
hereto.
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SECTION 4. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this ____ day of ___________, 2024.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
_________________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON Oct. _____, 2024
UNDER AGENDA ITEM NO._________
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 S. Geller
City Attorney
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