HomeMy WebLinkAboutOrd. 91-22
ORDINANCE NO. 91- 22
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
PROVIDING FOR A REGULAR MUNICIPAL ELECTION TO
BE HELD ON NOVEMBER 5, 1991, AND A RUN-OFF
SPECIAL ELECTION, IF NECESSARY, TO BE HELD ON
NOVEMBER 19, 1991; PROVIDING FOR THE
QUALIFICATION OF CANDIDATES; PROVIDING FOR
ELECTIONS BOARDS AND CONDUCT OF ELECTIONS;
PROVIDING FOR THE REGISTRATION OF VOTERS;
PROVIDING FOR THE CANVAS OF RETURNS; PROVIDING
FOR VOTING MACHINES; PROVIDING FOR ADDITIONAL
DUTIES OF THE CITY CLERK; PROVIDING FOR
ABSENTEE BALLOTS; PROVIDING FOR NOTICE OF
ELECTION; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the term of office for the City commissioner
representing Seat #4 is scheduled to expire in November 1991; and
WHEREAS, the Charter of the City of Ocoee calls for a
regular municipal election to be held on November 5, 1991 in order
to elect the successor to the City commissioner representing Seat
#4; and
WHEREAS, the Charter of the City of Ocoee provides that
the City commission shall by ordinance provide for the printing of
ballots, the conduct of elections, including absentee procedures,
and the canvas of returns.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA AS FOLLOWS:
section 1. Reqular Municipal Election Dates and
Qualification of Candidates.
The recitals hereinabove stated shall be considered as
evidencing the intention of city commission, as well as the
obj ecti ve to be accomplished in adopting this Ordinance. This
Ordinance shall be construed as governing the Regular Municipal
Election for November 5, 1991, and any required Run-Off Election
resulting therefrom. An election shall be held on Tuesday,
November 5, 1991 the purpose of which shall be to elect a City
commissioner to represent Seat #4 for a two (2) year term, such
term of office to end as provided in section 2 of Article VII of
the Ocoee City Charter upon his successor being sworn into taking
office. In the event a run-off election is required, as provided
in section 3 of Article VII of the Charter of the city of Ocoee,
for the office of City commissioner to Seat #4, then, in such
event, a run-off election for such office shall be held on Tuesday,
November 19, 1991, and the candidate receiving the majority of the
votes cast at such run-off election shall be elected. Candidates
for the office of City commissioner to Seat #4, as hereinabove
described, shall qualify and be qualified as provided by the Laws
of Florida and the Charter and ordinances of the City of Ocoee.
.
section 2. Election Boards and Conduct of Elections.
The election boards, clerks, inspectors, and voting places that
have been or will be designated, provided and appointed by the
Supervisor of Elections of Orange County, Florida for voting
precincts within the city of Ocoee are hereby designated, provided
and appointed as the election boards, clerks, inspectors and voting
places for the regular municipal election and run-off election, if
any. The regular municipal election and run-off election, if any,
shall be conducted in accordance with the Ocoee City Charter, the
Code of Ordinances of the City of Ocoee and the laws of the State
of Florida. Where any questions shall arise which are not settled
by Acts of the Legislature particularly applicable to the City or
by the Ocoee city Charter, the Code of Ordinances of the City of
Ocoee, or this ordinance, then in such event the Florida Statutes
and particularly the Florida Statutes governing elections applying
to like situations involving state and county elections shall
govern, so far as the same may be applicable. In the application
of such general laws, the City Clerk shall be substituted in lieu
of the County supervisor of Elections and the city commission shall
be substituted in lieu of the Board of County Commissioners
whenever such substitution would give sense and meaning to such
statutes insofar as the same would otherwise be applicable to
municipal elections. The General Laws of Florida shall be
particularly applicable and controlling as to the handling of the
city election, issuance of necessary certificates, assisting voters
and similar responsibilities of the precinct boards of elections.
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section 3. Reqistration of Voters. Only the electors
of the City of Ocoee residing within the City limits of the City
who have registered as such electors at the Office of the
supervisor of Elections of Orange County, Florida, or who will have
registered on or before October 7, 1991 at 5:00 p.m. with respect
to Regular Municipal Election and on or before October 21, 1991 at
5:00 p.m. with respect to any Run-off Municipal Election shall be
enti tIed to vote at such Regular Municipal Election or Run-off
Municipal Election, respectively.
section 4. Canvas of Returns. Returns shall be
canvassed in the manner provided for the canvassing of returns of
state and county general elections to the extent that the same are
applicable and appropriate to the canvassing of returns for the
elections provided for in this Ordinance; provided, that in lieu
of the county canvassing board provided for in applicable state
laws, there shall be a City Canvassing Board to canvass the returns
in the municipal elections, as provided in section 7 of Article VII
of the Ocoee City Charter. The members of the Canvassing Board
shall be Mayor Lester Dabbs, Jr., Commissioner Rusty Johnson and
Commissioner Paul W. Foster. The Canvassing Board shall meet in
accordance with the provisions of the Ocoee City Charter and file
its certificate setting forth the results of the canvas with the
City Clerk.
section 5. votinq Machines. Voting machines shall be
used for voting in the municipal elections provided for in this
Ordinance in the same manner as such machines are used for voting
in state and county general elections. The City Clerk is
authorized to represent the City in whatever pre-election
preparation may be necessary to ensure that City candidates are
properly placed on the ballot as may be prescribed by Florida
statutes. The city Clerk shall ensure that a form of certificate
of returns is completed which shall comply substantially with the
form of certificate prescribed by Florida statutes conforming such
form to the municipal elections provided for in this Ordinance and
shall distribute said certificate as required by Florida statutes
or the Ocoee city Code.
section 6. Additional Duties of city Clerk. The City
Clerk is authorized and directed to have prepared such forms and
perform such ministerial duties as are required by this Ordinance
by necessary implication in order to accomplish the objectives of
this Ordinance and the intent of the City commission in adopting
it.
. section 7. Absentee votinq. Absentee voting in the
municipal elections provided for in this Ordinance shall be
permitted and governed by the provisions of the Florida statutes
governing absentee ballots and such provisions are hereby adopted
as a means of providing for absentee voting in the municipal
election; provided, that all forms required to be prepared by the
City Clerk, and executed in her presence shall be prepared by the
City Clerk, but may be deposited by her with the Supervisor of
Elections of Orange County and all functions of the city Clerk in
connection with the handling of such absentee ballots, including
but not limited to the verification of signatures, the handling of
applications therefor, the issuance of the ballot and receipt and
disposi tion of ballots, may be handled by the Supervisor of
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Elections of Orange County; except, that all absentee ballots for
voting in the municipal election received by the supervisor of
Elections shall be turned over and delivered to the city Canvassing
Board and such ballots shall be canvassed by the City Canvassing
Board in the manner prescribed by Florida statutes. The term
"absentee elector" shall mean any qualified elector who is
authorized by the Florida statutes to vote by absentee ballot. Such
person may cast an absentee ballot upon compliance with the absent
electors provisions of this section.
section 8. Notice of Election.
regular municipal election herein provided
twice by the City Clerk in a newspaper of
the City of Ocoee.
Public notice of the
for shall be published
general circulation in
~ section 9. 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 10. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this ~~ day of r~f~~~ , 1991.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
or
(SEAL)
ADVERTISED August 23
1991.
READ FIRST TIMEAugust 20, 1991.
READ SECOND TIME AND ADOPTED
~!:Pn-",,~~R. '3 , 1991.
~
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, APPROVED
AS TO;r(.iRM AND LEGALITY
this . day of~bc(, 1991.
FOLEY 'ffDNER
By: '~~z:~
city Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ~e-t'n:--Nl'3~ 3 , 1991
UNDER AGENDA ITEM NO. V A l..
WP50A\OCOE\107E(2)
01-4758 (08/13/91)
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