Loading...
HomeMy WebLinkAboutOrdinance 88-29 ORDINANCE NO. 88-29 . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF OCOEE TO PROVIDE FOR FOUR (4) YEAR TERMS OF OFFICE FOR THE MAYOR AND CITY COM- MISSIONERS OF THE CITY OF OCOEE: PROVIDING FOR A REFERENDUM FOR AP- PROVAL OR REJECTION OF THE PROPOSED CHARTER AMENDMENT BY THE ELECTORS OF THE CITY OF OCOEE: PROVIDING THE BALLOT TITLE AND THE WORDING OF THE SUBSTANCE OF THE PROPOSED CHARTER AMENDMENT TO APPEAR ON THE BALLOT: PROVIDING FOR AN EFFECTIVE DATE OF THE PROPOSED CHARTER AMENDMENT: PROVIDING FOR SEVERABILITY AND CON- FLICTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, a charter review commission (the "Charter Review Commission") was appointed by the city commission (the "City Commission") of the City of Ocoee, Florida (the "City" or the "City of Ocoee") in December 1987 to study and review the charter of the City (the "Charter"); and WHEREAS, the Charter Review Commission has, in public meetings, studied and reviewed the Charter and has conducted two (2) public hearings regarding proposed amendments to the Charter; and WHEREAS, in response to the recommendations of the Charter Review Commission, the City Commission has adopted Ordinance No. 88-27 which submits to the electors of the City for consideration at the November 8, 1988 general muni- cipal election a proposal calling for the amendment in its entirety of all of the Charter except that part describing the boundaries of the City of Ocoee; and WHEREAS, the Charter Review Commission has recom- mended to the City Commission that a Charter amendment pro- viding for four (4) year terms of office for the mayor and city commissioners of the City be submitted to the electors of the City for consideration at the next general municipal election to be held on November 8, 1988; and WHEREAS, the Charter Review Commission has recom- mended to the City Commission that the proposed Charter amend- ment providing for four (4) year terms of office for the mayor and city commissioners of the City should not take effect unless the proposal calling for the amendment in its entirety of all of the Charter, as set forth in Ordinance No. 88-27, is approved by a majority of the electors of the City voting on such proposal at the next general municipal election to be held on November 8, 1988; and . WHEREAS, Section 166.031, Florida Statutes, provides that the governing body of a municipality may, by ordinance, submit to the electors of said municipality a proposed amend- ment to its Charter; and WHEREAS, the City Commission finds that it is in the best interest of the City to submit the proposed Charter amendment providing for four (4) year terms of office for the mayor and city commissioners of the City to the electors of the City at the next general municipal election to be held on November 8, 1988, all in accordance with Section 166.031, Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA THAT: SECTION 1. Proposed Amendment to Charter. The City Commission of the City of Ocoee, pursuant to Section 166.031, Florida Statutes, hereby proposes an amendment to the Charter of the City of Ocoee, Florida, as set forth in Ordinance No. 88-27, amending Section 2 of Article VII of the Charter, as set forth in Ordinance No. 88-27, to read as follows: Section 2. Election dates and terms of office. . Beginning in November 1989, regular municipal elections shall be held on the first Tuesday after the first Monday in November of 1989 and 1990 and on the first Tuesday after the first Monday in November every two (2) years thereafter. The terms of office of the mayor and city commissioners shall be as follows: (a) The mayor and one city commissioner shall each be elected for a three (3) year term at a regular municipal election to be held in November 1989 and shall thereafter each be elected for a four (4) year term at a regular municipal election to be held in November 1992 and every four (4) years thereafter. Such city commissioner shall be elected to Seat #4. (b) One city commissioner shall be elected for a two (2) year term at a regular municipal election to be held in November 1990 and shall thereafter be elected for a four (4) year term at a regular municipal election to be held in November 1992 and every four (4) years thereafter. Such city commissioner shall be elected to Seat #2. (c) Two city commissioners shall each be elected for a four (4) year term at a regular municipal election to be held in November 1990 and shall there- after be elected for a four (4) year term at a regular municipal election to be held in November 1994 and every four (4) years thereafter. Such city commissioners shall be elected to Seat #1 and Seat #3. . Notwithstanding the above, the term of office of any person elected to the office of mayor or the office of city commissioner shall (i) commence upon being sworn into office; and (ii) continue until such time as their respective successors are sworn into office. Any person elected to the office of mayor or the office of city commissioner shall be sworn into office immediately after the results of the election are declared by the Canvas- sing Board as set forth in Section 7 of this Article. The incumbent mayor and city commissioners at the effec- tive date of this Charter shall continue to hold their respective offices until their successors are sworn into office. Notwithstanding the foregoing, in the event no candidate qualifies for the office of mayor or a specific seat on the city commission, then such office or seat shall be declared vacant by the Canvassing Board at its meeting following the general municipal election. SECTION 2. Submission to Electorate. The proposed amendment to Section 2 of Article VII of the Charter, as contained in this Ordinance, shall be placed to a vote of the electors of the City of Ocoee at the next general munici- pal election to be held on November 8, 1988. Such election shall be held in conformity with the laws of the State of - 2 - Florida and the ordinances of the City of Ocoee now in force relating to elections in the City of Ocoee. SECTION 3. Ballot Title and Text. The ballot title and the wording of the substance of the proposed amendment to Section 2 of Article VII of the Charter, as contained in this Ordinance, shall appear on the ballot in the form as set forth in EXHIBIT "A" attached hereto and by this reference made a part hereof. . SECTION 4. Effective Date of Amendment to Charter. If both the proposed amendment to Section 2 of Article VII of the Charter, as contained in this Ordinance, and the pro- posed amendment to the Charter, as contained in Ordinance No. 88-27, are approved and adopted by a majority of the electors of the City of Ocoee voting upon such amendments at the November 8, 1988 general municipal election, then the proposed amendment to Section 2 of Article VII of the Charter, as contained in this Ordinance, shall become effective on January 1, 1989. In the event the proposed amendment to the Charter, as contained in this Ordinance, is approved and adopted by the electorate but the proposed amendment to the Charter contained in Ordinance No. 88-27, is defeated by the electorate, then in such event this Ordinance shall not become effective and such approval shall be of no force or effect. SECTION 5. 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 6. Conflicting Ordinances. All ordinances and Charter provisions, or parts of ordinances and Charter provisions in conflict herewith are hereby repealed. SECTION 7. Effective Date of this Ordinance. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED AND ADOPTED this 20th day of September , 1988. ADVERTISED September 9th & 15t:h1988 READ FIRST TIME 9/6 , 1988 READ SECOND TIME AND ADOPTED 9/20 , 1988 APPROVED: CITY. 0 O~F. . . F13>RnA By: ~ tf-.,~2J Thomas R. Ison, Mayor . (SEAL) - 3 - . . ',' . . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY: THIS ~Ot-! DAY OF ~her , 1988 FOLEY & LARDNER, VAN DEN BERG, GAY, BURKE, WILSON & ARKIN BY: VtJ}7~ City Attorney COTMV1/D0210i(11) (01-4894) 09/21/88 - 4 - . . . . EXHIBIT "A" OFFICIAL BALLOT CITY OF OCOEE, FLORIDA REFERENDUM ELECTION NOVEMBER 8, 1988 TO VOTE: Fill in the square to the right of your choice. NO. 3 CITY CHARTER AMENDMENT: FOUR YEAR TERMS OF OFFICE FOR MAYOR AND COMMISSIONERS Should the Revised and Updated Ocoee City Charter addressed in Ordinance No. 88-27 be amended as proposed in Ordinance No. 88-29 to increase the terms of office for the mayor and city commissioners of the City of Ocoee from two (2) to four (4) years and to begin phasing in such increased terms with the 1989 election? YES for Approval L7 NO for Rejection L7 COTMV1/D0210i(11) (01-4894) 09/21/88