HomeMy WebLinkAboutOrdinance 89-42
ORDINANCE NO. 89- 42
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
PROVIDING FOR A SPECIAL 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 THE PURPOSE OF
SAID ELECTION TO FILL A VACANCY IN THE OFFICE
OF THE COMMISSIONER REPRESENTING SEAT #2;
PROVIDING FOR THE QUALIFICATION OF CANDIDATES;
PROVIDING FOR THE EXPENSES OF THE ELECTION;
PROVIDING FOR NOTICE OF THE ELECTION; PROVIDING
FOR THE REGISTRATION OF VOTERS; PROVIDING FOR
THE ELECTION TO BE GOVERNED BY THE PROVISIONS
OF ARTICLE VII OF THE OCOEE CITY CHARTER AND
CHAPTER 8 OF THE CODE OF ORDINANCES OF THE
CITY OF OCOEE; PROVIDING FOR SEVERABILITY;
PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT
AS AN EMERGENCY ORDINANCE IMMEDIATELY UPON ITS
PASSAGE.
WHEREAS, Lester Dabbs, Jr. was elected in 1988, as
commissioner of the City of Ocoee, representing Seat #2, for a
two-year term ending upon the swearing in of his successor in
November 1990; and
WHEREAS, Lester Dabbs, Jr. has, pursuant to the provision
of section 99.012, Florida Statutes, irrevocably resigned from
office effective at 5:00 p.m. on November 7, 1989, thereby creating
a vacancy in office for the remainder of the term to which he was
elected; and
WHEREAS, the Charter of the city of Ocoee, provides for
the calling of a Special Election by the City commission to fill
any such vacancy created in the office of a Commissioner, that
such election be held at the next general city election, and that
the city Commission provide by ordinance for the procedures of
such election, except where otherwise provided by law; and
WHEREAS, the Charter of the City of Ocoee further provides
that the next general city election be held on November 7, 1989;
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and
WHEREAS, in order to provide for an orderly election,
the City commission deems it necessary to provide and stipulate
who shall be qualified electors, provide for absentee voting,
canvassing of returns and all similar election details; and
WHEREAS, in order to minimize the costs to the taxpayers,
the City commission deems it in the best public interest to hold
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the aforementioned Special Election and any required Run-Off
Election resulting therefrom, at the same time as the 1989 general
municipal elections.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
section 1. sDecial MuniciDal Election Dates and
Qualification 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 adopting this Ordinance. This
Ordinance shall be construed as governing the special Municipal
Election for November 7, 1989, and any required Run-Off Election
resulting therefrom, and shall not affect any other Municipal
Elections except in the event of a Run-Off Election as hereinafter
provided. An election shall be held on Tuesday, November 7, 1989,
the purpose of which shall be to elect a City commissioner to
Seat #2 of the City of Ocoee, to fill the vacancy created by the
resignation of Lester Dabbs, Jr., who was elected in 1988 as City
commissioner to Seat #2 of the City for a term of two years, such
term to end as provided in section 2 of Article VII of the Ocoee
City Charter upon his elected successor's taking office, the
election subject to this Ordinance to be for the remaining term
of the said Commissioner. In the event that in the special election
held on November 7, 1989, there shall be more than two candidates
for the office subject to the special election, and no candidate
receives a majority of the votes cast, then, and in that event, a
run-off election shall be held on Tuesday, November 21, 1989,
between the two candidates receiving the most votes for such office
in the first election, and the candidate receiving the majority
of the votes cast at such election shall be elected. Candidates
for the remaining term of the office of City commissioner to Seat
#2 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, except that such candidates'
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application designating the office for which he/she is a candidate
shall be filed and the qualification fee paid no later than 5:00
p.m. on October 13, 1989.
section 2. Ex~enses of Election.
The expense of holding the election herein provided for
shall be paid for from the funds of the City in the same manner
with like effect and by the same officer as in the case of general
elections.
section 3. Notice of Election.
Public notice of the special municipal election herein
provided for shall be published by the city Clerk in accordance
with the provisions of section 100.342, Florida statutes.
section 4. Registration 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 Supervisior of Elections of Orange County,
Florida, or who will have registered on or before October
1989, at 5:00 p.m., shall be entitled to vote at such special
election or elections.
section 5. General Provisions.
Unless otherwise provided for in this Ordinance, the
Special Election and any required Run-Off Election resulting
therefrom shall be governed by the provisions of Article VII of
the Ocoee City Charter and Chapter 8 of the Code of Ordinances of
the City of Ocoee in the same manner provided for general municipal
elections.
section 6. 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 7. 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,
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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
;!:IL p ~
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.~6~ .
FOLEY , LARDNER, VAN DEN BERG,
GAY, BURKE, WILSON' ARKIN
By: jtufl'J ~
City Attorney
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FLOPPY/4758Y(3)
01 (09/25/89)
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