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HomeMy WebLinkAboutOrdinance 88-28 ORDINANCE NO. 88-28 . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF OCOEE PROVIDING FOR THE ESTABLISHMENT OF FOUR (4) SINGLE-MEMBER DISTRICTS IN THE CITY OF OCOEE WITH THE ELECTORS OF EACH DISTRICT ELECTING A CITY COMMISSIONER WHO MUST RESIDE IN SUCH DISTRICT, AND FURTHER PROVIDING FOR A DISTRICTING COMMISSION TO RECOMMEND INITIAL DISTRICT BOUNDARIES, A DATE OF ADOPTION OF INITIAL DISTRICT BOUNDARIES, AND REDISTRICTING OF DISTRICT BOUNDARIES; PROVIDING FOR A REFERENDUM FOR APPRO~:; OR REJECTION OF THE PROPOSED CHAR -~DMENT BY THE ELECTORS OF THE CITY OF OCOEE; PROVIDING THE BALLOT TITLE AND THE WORDING OF THE SUBSTANCE OF THE PRO- POSED CHARTER AMENDMENT TO APPEAR ON THE BALLOT; PROVIDING FOR AN EFFEC- TIVE DATE OF THE PROPOSED CHARTER AMENDMENT; PROVIDING FOR SEVERABILITY AND CONFLICTS; 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) single-member districts 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 amendment providing for single-member districts 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) single-member districts to the electors of the City at the next general municipal elec- tion 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 amend- ment to the Charter of the City of Ocoee, as set forth in Ordinance No. 88-27, as follows: . (A) that Section 1 of Article III of the Charter, as set forth in Ordinance No. 88-27, be amended as set forth in EXHIBIT "A" attached hereto and by this reference made a part hereof; (B) that Section 3 of Article III of the Charter, as set forth in Ordinance No. 88-27, be amended as set forth in EXHIBIT "B" attached hereto and by this reference made a part hereof; (C) that Section 1 of Article VII of the Charter, as set forth in Ordinance No. 88-27, be amended as set forth in EXHIBIT "C" attached hereto and by this reference made a part hereof; and (D) that the Charter, as set forth in Ordinance No. 88-27, be amended by the addition of a new Article XI, entitled Single-Member Districts, as set forth in EXHIBIT "D" attached hereto and by this reference made a part hereof. SECTION 2. Submission to Electorate. The proposed amendment to 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 municipal election to be held on November 8, 1988. Such election shall be held in conformity with the laws of the State of 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 the Charter, as contained in this Ordinance, shall appear on the ballot in the form as set forth in EXHIBIT "E" attached hereto and by this reference made a part hereof. . SECTION 4. Effective Date of Amendment to Charter. If both the proposed amendment to the Charter, as contained in this Ordinance, and the proposed 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 munici- pal election, then the proposed amendment to the Charter as set forth 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 con- tained in Ordinance 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. - 2 - SECTION 5. Severability. If any section, sub- section, 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 por- tion 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 & 15th READ FIRST TIME 9/6 READ SECOND TIME AND ADOPTED 9/20 , 1988 APPROVED: , 1988 , 1988 CITY ~F d)OEE, FLORIfj By:~Q-~ Thomas R. Ison, Mayor (SEAL) ATTEST: "City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY: THIS ~~81 DAY OF ~~\;er, 1988 FOLEY & LARDNER, VAN DEN BERG, , BURKE, WILSON & ARKIN UC;~ y Attorney ~ COTMVl/D0210g(13} (Ol-4894) 09/21/88 - 3 - . . EXHIBIT "A" ARTICLE III Section 1. Created; composition, designation, election generally. There is hereby created a city commission to con- sist of five members, one of whom shall be known and desig- nated as "mayor"; the other four shall be known and designated as "commissioners". One of the commissioners shall also be known and designated as "mayor pro tern". The mayor shall represent the City at large and the commissioners shall each represent the single-member district in which they reside. The mayor shall be elected by the electors of the City at large. Each of the commissioners shall be elected by the electors residing only in the respective single-member dis- trict which they represent on the city commission. The mayor pro tern shall be elected from among the commissioners by the city commission, but shall continue to represent the district in which such commissioner resides. The mayor pro tern shall be elected at the first city commission meeting following the swearing in of the candidates elected at each general city election (unless there is a run-off election, in which case the mayor pro tern shall be elected at the first city commission meeting following the swearing in of the candidates elected at such run-off election) and shall serve as mayor pro tern until the successor is elected. The city commission shall hold office in the manner hereinafter provided, and shall constitute the governing body and authority of the City of Ocoee, with all the powers and privileges herein granted and provided. Except as otherwise provided in this Charter, whenever this Charter contains a reference to "all members of the city commission," such reference shall include the entire city commission and shall not be construed to include only those members present and voting. - 4 - . . EXHIBIT "Bit ARTICLE III Section 3. Eligibility. Only qualified electors of the City shall be eligible to qualify for and to hold the offices of mayor and commis- sioner. Each candidate for the office of mayor shall, at the time of qualifying as a candidate for such office, be a bona fide resident of the City. The mayor shall, during the entire term of office, be a bona fide resident of the City. Each candidate for the office of commissioner shall, at the time of qualifying as a candidate for such office, be a bona fide resident of the single-member district which such candi- date seeks to represent. Each commissioner shall, during the entire term of office, be a bona fide resident of the single-member district which such commissioner represents. - 5 - . . EXHIBIT "C" ARTICLE VII Section 1. Identification of city commissioners. Each city commissioner shall be elected to a Seat Number as set forth hereinbelow and shall represent a single- member district as set forth under Section 5 of Article XI of this Charter. Seat Numbers and their corresponding single- member districts shall be shown on qualification forms, ballots, and other election records. - 6 - EXHIBIT "0" ARTICLE XI SINGLE-MEMBER DISTRICTS Section 1. Number of districts. . The City of Ocoee shall be divided into four (4) single- member districts effective upon the adoption of the initial geo- graphic boundaries of such districts by the city commission of the City of Ocoee. Section 2. Establishment of districting commission. (a) Appointment of members. The city commission shall establish a districting commis- sion after November 15, 1991 but no later than December 15, 1991, and every five (5) years thereafter (i.e., 1996, 2001, etc.) a new districting commission shall be appointed by the city commis- sion after November 15 but no later than December 15 of that year. A districting commission may also be appointed by the city commis- sion at such other times as deemed necessary by the city commission. The districting commission shall consist of five (5) members who shall be appointed by majority vote of the city commission and who shall serve on such commission for a term of one (1) year unless such term is extended by the city commission. (b) Removal; vacancies. (1) Removal. Any member of the districting commis- sion may be removed by the city commission in accordance with the following procedures: (i) The city commission shall adopt by affirma- tive vote of a majority of all its members, a preliminary reso- lution which must state the reasons for removal. A copy of the resolution shall be promptly delivered to the member of the districting commission sought to be removed. (ii) Within five (5) days after a copy of the resolution is delivered to the member sought to be removed, such member may file with the city commission a written reply and/or a written request for a public hearing. This hearing shall be held at a city commission meeting no earlier than fifteen (15) days and no later than thirty (30) days after the request is filed. . (iii) The city commission may adopt by affirma- tive vote of a majority of all its members, a final resolution of removal, which may be made effective immediately. Such resolution, if adopted, must be adopted no earlier than six (6) days and no later than thirty (30) days from the date a copy of the preliminary resolution was delivered to the member sought to be removed, if such member has not requested a public hearing. If such member has requested a hearing, such resolu- tion, if adopted, must be adopted within forty-five (45) days from the date of the hearing. - 7 - (2) Vacancies. If any vacancy occurs in the dis- tricting commission, a qualified individual shall be appointed by the city commission to serve in place of the member who created the vacancy. Such vacancy shall be filled within thirty (30) days after the vacancy occurs. Cc) Powers and duties. The districting commission shall serve as an advisory body to the city commission with respect to the establishment of initial geographic boundaries of the four (4) single-member dis- tricts of the City of Ocoee. Each new districting commission shall serve as an advisory body to the city commission with respect to the redistricting of such boundaries. . Upon its initial appointment in 1991, the districting commission shall review the most current, official census data together with all other data relevant to the establishment of initial geographic boundaries of the four (4) single-member dis- tricts and shall prepare a report to the city commission that contains recommendations concerning such boundaries. Upon appointment of a new districting commission in 1996, and every five (5) years thereafter, the districting commission shall review the geographic boundaries of the four (4) single- member districts in light of the most current, official census data together with all other data relevant to the redistricting of geographic boundaries. The districting commission shall pre- pare a report to the city commission containing recommendations, if any, for the adjustment of district boundaries. All recommendations concerning the geographic boundaries of single-member districts shall be prepared in compliance with the following criteria: (i) Each district shall be formed of compact, contiguous territory and shall be as rectangular as possi- ble. To the extent possible, the boundary lines of each district shall follow the center lines of streets. (ii) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution. (iii) The boundaries of each district shall, to the extent possible, be aligned with the boundaries of the county precincts within the City and with the boundaries of the City. (iv) All reports containing recommendations shall include a map that sets forth the proposed boundaries of each district. . Cd) Recommendations to the city commission. All reports of the districting commission shall be avail- able to the public and submitted to the city commission in accor- dance with such reasonable deadlines as may be established by the city commission or as may otherwise be required by law. Within two (2) months of the receipt of any such reports, the city com- mission shall accept or reject the recommendations contained therein, or the city commission may send such reports back to the districting commission for further study and consideration. The establishment of the initial geographic boundaries of the four (4) single-member districts and any subsequent redistricting of such boundaries shall be done by ordinance by the city commission; provided, however, that the city commission shall not establish or redistrict such boundaries until after receipt of a report from the districting commission containing recommendations relating thereto - 8 - unless the districting commission fails to deliver its report by the deadline established by the city commission. (e) Officers. The districting commission shall create and elect appro- priate officers as it deems necessary for the orderly conduct of its specific duties. (f) Support. . It shall be the responsibility of the Planning Department, or such other department as may be designated by the city manager, to provide technical data and assistance to the districting com- mission. City staff shall also be available to assist the dis- tricting commission as needed. (9) Expenses. The city commission shall appropriate funds to defray reasonable expenses of the districting commission. Section 3. Date of adoption of initial districts. The city commission shall adopt by ordinance the initial geographic boundaries of the four (4) single-member districts after receipt of a report by the districting commission containing recommendations concerning such boundaries, but in no event shall such initial boundaries be adopted later than June 1, 1992. Such ordinance shall designate four (4) single-member districts which will be identified in such ordinance as District Nos. 1, 2, 3 and 4. Section 4. Representation of districts. In order to harmonize the terms of the present members of the city commission with the form of government established by this Article, it is hereby provided that effective upon the adop- tion of the initial geographic boundaries of the single-member districts by the city commission, each single-member district shall be represented by an incumbent city commissioner as set forth below: (a) District No. 1 shall be represented by the city commissioner previously elected to Seat #1 for the duration of such commissioner's current elected term of office. (b) District No. 2 shall be represented by the city commissioner previously elected to Seat #2 for the duration of such commissioner's current elected term of office. (c) District No. 3 shall be represented by the city commissioner previously elected to Seat #3 for the duration of such commissioner's current elected term of office. . (d) District No. 4 shall be represented by the city commissioner previously elected to Seat #4 for the duration of such commissioner's current elected term of office. Section 5. District residency requirements. Effective upon the adoption of the initial geographic boundaries of the single-member districts by the city commission, the city commissioners shall be required to comply with the follow- ing residency requirements: (a) The commissioners to be elected in November 1992 must be bona fide residents of their respective districts as of the date of qualifying to run for office in order to qualify for and hold office as a commissioner for their respective districts. - 9 - Thereafter the city commissioners representing said districts and elected to said seats must be bona fide residents of their respec- tive districts in order to qualify for and to hold the office of commissioner as required under Section 3 of Article III of this Charter. . (b) The commissioners to be elected at the next general municipal election following the November 1992 election must be bona fide residents of their respective districts as of the date of qualifying to run for office in order to qualify for and hold office as a commissioner for their respective districts. Thereafter the city commissioners representing said districts and elected to said seats must be bona fide residents of their respec- tive districts in order to qualify for and to hold the office of commissioner as required under Section 3 of Article III of this Charter. Section 6. Annexed Territory. After the establishment of the initial geographic boundaries of the districts, any territory annexed to or consolidated with the City of Ocoee shall at the time of such annexation or consolidation be added to an adjacent district or districts by an ordinance of the city commission which may be a part of the annexation or consolidation ordinance. Section 7. Redistricting. The city commission shall, by ordinance adopted by a majority vote of all the members of the city commission, redistrict the geographic boundaries of each single-member district after each official decennial census conducted by the United States Government and, to the extent permitted by law, after receipt of a report by the districting commission containing recommendations, if any, for the adjustment of district boundaries as required under Section 2 of this Article. District boundaries shall not be changed less than four (4) months prior to a regular municipal election, except to include territory annexed to or consolidated with the City. All redistricting of district boundaries shall be in accordance with the Constitutions and the laws of the United States and of Florida and the provisions of Section 2(c)(i)-(iv) of this Article. . - 10 - ~ EXHIBIT "E" OFFICIAL BALLOT CITY OF OCOEE, FLORIDA REFERENDUM ELECTION NOVEMBER 8, 1988 TO VOTE: ~ Fill in the square to the right of your choice. NO.2 CITY CHARTER AMENDMENT: ESTABLISHMENT OF FOUR SINGLE-MEMBER CITY COMMISSION DISTRICTS Should the Revised and Updated Ocoee City Charter addressed in Ordinance No. 88-27 be amended as proposed in Ordinance No. 88-28 which provides that beginning in 1992 the City of Ocoee will be divided into four (4) single-member districts with the city commissioners being elected to office from such single-member districts beginning in 1992 by electors residing in each of those districts only? YES for Approval CJ NO for Rejection /1 . COTMV1/D0210g(13) (01-4894) 09/21/88