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HomeMy WebLinkAboutOrdinance 89-41 ORDINANCE NO. 89- 41 . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PROVIDING FOR A REGULAR MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 1989, AND A RUN-OFF SPECIAL ELECTION, IF NECESSARY, TO BE HELD ON NOVEMBER 21, 1989; PROVIDING FOR THE QUALIFICATIONS 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 THAT THIS ORDINANCE SHALL TAKE EFFECT AS AN EMERGENCY ORDINANCE IMMEDIATELY UPON ITS PASSAGE. WHEREAS, the term of office for the Mayor and city commissioner representing Seat #4 is scheduled to expire in November 1989; and WHEREAS, the Charter of the City of Ocoee calls for a regular municipal election to be held on November 7, 1989 in order to elect the successors to the Mayor and 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 MuniciDal Election Dates and Oualification of Candidates. . The recitals hereinabove stated shall be considered as evidencing the intention of city Commission, as well as the objective to be accomplished in adopted this Ordinance. This Ordinance shall be construed as governing the Regular Municipal Election for November 7, 1989, and any required Run-Off Election resulting therefrom. An election shall be held on Tuesday, November 7, 1989 the purpose of which shall be to elect (i) the Mayor for a three (3) year term, and (ii) a City Commissioner to represent Seat #4 for a two year (2) term, such terms of office to end as provided in section 2 of Article VII of the Ocoee City Charter upon their respective successor's 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 Mayor and/or City commissoner to Seat #4, then, in such event, a run-off election for such office(s) shall be held on Tuesday, November 21, 1989, and the candidate(s) receiving the majority of the votes cast at such run-off election shall be elected. Candidates for the office of Mayor and for the office of City commissioner to Seat #4 of the City, 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 Legislative 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 Election 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. 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, 1989, at 5:00 p.m., shall be entitled to vote at such regular municipal election or elections. 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 convassing 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 canvassing Board shall be Mayor Thomas R. Ison, Commissioner Rusty Johnson and Commissioner Vern Combs. 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 Ordinanace 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 Statute. 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 Statute 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 - 2 - of applications therefor, the issuance of the ballot and receipt and disposition of ballots, may be handled by the Supervisor of 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. Public notice of the regular municipal election herein provided for shall be published by the City Clerk in a newspaper of general circulation in the City of Ocoee during the weeks of October 1, 1989 and October 15, 1989. No other notice shall be required. 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. Emerqencv Ordinance. The City Commission hereby declares pursuant to the provisions of Section 166.041(3) (c), Florida Statutes, that an emergency exists and finds that this Ordinance is necessary for the immediate preservation of the public health, safety, and welfare. It is, therefore, determined by the city commission that the provisions of section 166.041(3) (a), Florida Statutes, are hereby waived with respect to this Ordinance. section 8. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 26th day of September, 1989. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA YLe J~ Thomas R. Ison, Mayor ( SEAL) READ FIRST TIME AND ADOPTED: September 26, 1989. . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY this 26th day of September, 1989 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON SEPTEMBER 26, 1989 UNDER AGENDA ITEM NO. IV(B) (1). FOLEY , LARDNER, VAN DEN BERG, By~AY' ~;;Jz~Il~;;J[l City Attorney FLOPPY/4758BB91) 01 (09/25/89) - 3 - L __