HomeMy WebLinkAboutItem 12 Second Reading of Ordinance Amending Section 11-1 of the Code
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 #: 12
Contact Name: Melanie Sibbitt Department Director: Melanie Sibbitt
Contact Number: Ext. 1026 City Manager: Craig Shadrix
Subject: Second Reading of Ordinance Amending Section 11-1 of the Code of Ordinances for
Regular City Commission Meetings. (City Clerk Sibbitt)
Background Summary:
The First Reading of the Ordinance was held on October 1, 2024.
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
3. Advertisement
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Financial Impacts:
None.
Type of Item: Second Reading Public Hearing
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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.
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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.__________
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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.
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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):
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FIRST INSERTIONCITY OF OCOEE
PUBLIC HEARING
A Public Hearing before the Ocoee City Commission will be held Tuesday, Octo-
ber 15, 2024 at 6:15 p.m. or as soon thereafter as may be heard, in the Commission
Chambers of City Hall at 1 North Bluford Avenue, Ocoee, Florida, to consider the
following ordinances:
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMEND-
ING SECTION 5-3 OF THE CODE OF THE CITY OF OCOEE PER-
TAINING TO THE PROOF REQUIRED FOR MEETING THE ONE
(1) YEAR RESIDENCY REQUIREMENT FOR CANDIDATES FOR
THE OFFICES OF MAYOR AND CITY COMMISSIONER; ESTAB-
LISHING THAT CANDIDATES MUST CONSENT TO A BACK-
GROUND CHECK TO VERIFY THEIR RESIDENCY AS REQUIRED
BY THE CITY CHARTER AND QUALIFICATION TO HOLD OFFICE
UNDER ARTICLE VI, § 4 OF THE FLORIDA CONSTITUTION;
FOR ELECTIONS TO BE HELD IN MARCH, ESTABLISHING THE
QUALIFYING PERIOD FOR CANDIDATES FOR THE OFFICES OF
MAYOR AND CITY COMMISSIONER BETWEEN NOON ON THE
FIRST FRIDAY IN DECEMBER UNTIL NOON ON THE SECOND
FRIDAY IN DECEMBER; AND AUTHORIZING THE CITY COM-
MISSION TO SET ANY OTHER FIVE (5) BUSINESS DAY QUALIFY-
ING PERIODS BY RESOLUTION.
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 CODIFICA-
TION; PROVIDING FOR AN EFFECTIVE DATE.
All interested parties are invited to attend and be heard with respect to the above.
The Ocoee City Commission may continue the public hearing to other dates and
times, as it deems necessary. If a person decides to appeal any decision made by the
City Commission with respect to any matter considered at such hearing, they will
need a record of the proceedings, and for such purpose they may need to ensure
that a verbatim record of the proceedings is made, which record includes the tes-
timony and evidence upon which the appeal is to be based. In accordance with the
Americans with Disabilities Act, persons needing a special accommodation or an
interpreter to participate in this proceeding should contact the City Clerk’s office at
407-905-3105 at least two days prior to the date of hearing.
October 3, 2024 24-03226W
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