HomeMy WebLinkAboutOrdinance 88-27
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ORDINANCE NO. 88-27
AN ORDINANCE OF THE CITY OF OCOEE,
FLORIDA, PROPOSING AN AMENDMENT TO
THE CHARTER OF THE CITY OF OCOEE,
TO AMEND IN ITS ENTIRETY ALL OF
ITS CHARTER EXCEPT THAT PART
DESCRIBING THE BOUNDARIES OF THE
CITY OF OCOEE; SAID AMENDMENT
REVISING THE ARTICLES OF THE
CHARTER PERTAINING TO THE CREATION
AND EXISTENCE OF THE MUNICIPALITY,
THE POWERS OF THE CITY, THE CITY
COMMISSION, THE CITY MANAGER, THE
ADMINISTRATIVE DEPARTMENTS, FINAN-
CIAL PROCEDURES, NOMINATIONS AND
ELECTIONS, THE LEVY OF TAXES AND
ISSUANCE OF BONDS, GENERAL PRO-
VISIONS, AND SAID AMENDMENT
FURTHER PROVIDING FOR A CHARTER
REVIEW COMMISSION; PROVIDING FOR A
REFERENDUM FOR APPROVAL OR REJEC-
TION OF THE PROPOSED AMENDMENT BY
THE ELECTORS OF THE CITY OF OCOEE;
PROVIDING THE BALLOT TITLE AND THE
WORDING OF THE SUBSTANCE OF THE
PROPOSED AMENDMENT; PROVIDING FOR
AN EFFECTIVE DATE OF THE PROPOSED
CHARTER AMENDMENT COMMONLY REFERRED
TO AS THE "REVISED AND UPDATED CHARTER";
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 Commissionll) of the city of Ocoee, Florida (the
"City" or the IICity of Ocoee") in December 1987 to study and
review the charter of the City (the IICharterll): and
WHEREAS, the Charter Review Commission has, in public
meetings, studied and reviewed the Charter and has conducted
two (2) public hearings regarding the proposed amendment to
the Charter: and
WHEREAS, the Charter Review Commission has recom-
mended to the City Commission that the Charter be modernized
and updated by amending in its entirety all of the Charter
except for that part describing the boundaries of the City
of Ocoee: and
WHEREAS, the Charter Review Commission has recom-
mended to the City Commission that the proposed amendment to
the Charter 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, 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 which amendment may be to any part or to
all of its charter except that part describing the boundaries
of such municipality: and
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WHEREAS, the City Commission finds that it is in
the best interest of the City to submit the proposed amend-
ment to the Charter 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:
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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, amending in its entirety
all of the Charter except that part describing the boundaries
of the City of Ocoee, which proposed amendment and complete
text of the Charter, as amended, is set forth in Exhibit "A"
attached hereto and by this reference made a part hereof.
SECTION 2. Submission to Electorate. The proposed
amendment to the Charter of the City of Ocoee, 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 "B" attached
hereto and by this reference made a part hereof.
SECTION 4. Effective Date of Amendment to Charter.
If the proposed amendment to the Charter, as contained in
this Ordinance, is approved and adopted by a majority of the
electors of the City of Ocoee voting upon such amendment at
the election called for in Section 2 of this Ordinance, then
said amendment to the Charter shall become effective on
January 1, 1989.
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.
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SECTION 7. Effective Date of this Ordinance. This
Ordinance shall take effect immediately upon its final passage
and adoption.
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PASSED AND ADOPTED this 20th day of September, 1988.
ADVERTISED September 9th & 15th , 1988
READ FIRST TIME 9/6 , 1988
READ SECOND TIME AND ADOPTED
9/20 , 1988
APPROVED:
ATTEST:
City Clerk
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FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,
APPROVED AS TO FORM AND LEGALITY:
THIS aa.JDAy OF~' 1988
FOLEY & LARDNER, VAN DEN BERG,
G~ HURKE, WILSON & ARKIN
BY: VJ4rkJtj
City Attorney
COTMV1/D0210h(10)
(01-4894) 09/02/88
By:
(SEAL)
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EXHIBIT "A"
OCOEE CITY CHARTER
ARTICLE I
CREATION AND EXISTENCE OF MUNICIPALITY
section 1. Municipalitv incorporated.
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The existing municipality of the City of Ocoee, in the
County of Orange, incorporated under the laws of Florida, be, and
the same is hereby declared to be, in all respects a legally incor-
porated city with all the powers incident thereto, under the laws
of Florida (hereinafter referred to as "the City" or "the City of
Ocoee") .
section 2. Title, rights, etc., vested in municipality.
The title, rights and ownership of property, uncollected
taxes, dues, claims, judgments, decrees and choses in action,
held and owned by the City shall remain vested in the municipal
corporation organized and created under and by this Charter.
section 3. Existinq obliqations not impaired.
No obligation or contract of the City of Ocoee, including
bonds heretofore issued, shall be impaired or avoided by this
Charter, but such debts and obligations shall remain binding upon
the City.
Section 4. continuation of officers and ordinances.
All officers heretofore elected or appointed and holding
office under the City shall continue to hold their respective
offices and to discharge their duties until their successors are
selected or until otherwise provided by ordinance, and all exist-
ing ordinances of the city, not in conflict with the provisions
of this Charter, shall continue in effect and unimpaired until
repealed, amended or modified.
section 5. perpetual existence.
The City of Ocoee, Orange County, Florida, shall have
perpetual existence.
section 6. Corporate boundaries.
The boundaries which shall be included in the territory
of the City of Ocoee shall be as follows: See Addendum "A"
attached hereto and by this reference made a part hereof.
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section 7. Extension of corporate boundaries.
The boundaries which shall be included in the territory
of the city of Ocoee shall include all lands heretofore or here-
after annexed into the City in accordance with the laws of Florida.
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ARTICLE II
POWERS OF THE CITY
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The City of Ocoee shall have all governmental, corporate,
and proprietary powers and all other powers possible for a city
to have under the Constitution and the laws of Florida as fully
and completely as though they were specifically enumerated in
this Charter. Except as otherwise provided herein, the following
powers of the City shall be construed liberally and in favor of
the City and the specific mention of particular powers in the
Charter shall not be construed as limiting, in any way, the powers
granted to the City under the Constitution and the laws of Florida:
section 1. Municipal buildings and facilities.
To make and maintain, all buildings and facilities neces-
sary and appropriate for the use of the City and to acquire all
land, rights and easements necessary for such buildings.
section 2. Property riqhts.
To purchase, lease, acquire by eminent domain, or other-
wise obtain, receive and hold property, or any interest in proper-
ty, whether real, personal or intangible for such municipal or
other public purposes as the city commission may, by ordinance,
or otherwise, deem necessary and proper; to sell, lease or other-
wise dispose of said property for the benefit of the City to the
same extent that natural persons might or could do except as other-
wise provided herein.
When any proposal for the acquisition of real property,
either by purchase or lease, shall receive a majority vote of the
members of the city commission and the cost of such proposed acqui-
sition exceeds one million dollars ($1,000,000.00), inclusive of
state and federal grants, such action shall not be effective unless
it has been acted upon by the city commission after a public hear-
ing preceded by at least seven (7) days notice of the hearing and
the proposed action by publication in a newspaper of general circu-
lation in the City of Ocoee.
When any proposal for the disposition of real property
owned by the City, either by sale or by lease for a term exceeding
five (5) years, shall receive a majority vote of the members of
the city commission and the fair market value of the real property
concerned exceeds one hundred thousand dollars ($100,000.00), such
action shall not be effective unless it has been acted upon by the
city commission after a public hearing preceded by at least seven
(7) days notice of the hearing and the proposed action by pUblica-
tion in the manner set forth above.
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The city commission shall not approve the sale, lease or
other alienation of real property owned by the City for a price
or rental below the city's estimate of the fair market value or
fair rental value thereof, except in cases where specific good
cause is shown and in cases involving alienation to another public
agency.
No piece of real property shall be divided for the pur-
pose of evading this section.
All leases, sales, purchases, and contracts for leases,
sales, and purchases of real property heretofore made by the City
or any agency or commission of the City, are hereby ratified and
confirmed.
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Nothing in this section shall apply to the acquisition
of real property by eminent domain occurring prior to, contempora-
neous with, or subsequent to the effective date of this section.
Section 3. Boards, commissions and committees.
To create and appoint boards, commissions, and committees
to advise and assist the City in carrying out municipal functions.
section 4. Police, fire and sanitary.
To provide police, fire, sanitary and similar protection
and services; to exercise police powers and to protect and preserve
peace and order within the City and to impose such penalties and/or
imprisonment for the violation of any ordinance as may be permitted
by law.
section 5. Purchases and sales.
To provide rules and regulations for all purchases and
sales made for and on behalf of the City.
section 6. civil service and Densions.
To establish and regulate civil service, pension and
insurance plans, hospitalization, death and other benefits for
city employees in accordance with the laws of Florida.
section 7. Financial authorities.
To expend the money of the city for all lawful municipal
purposes and to borrow money for all lawful municipal purposes.
When any proposal for the borrowing of money in any manner except
through a leasing arrangement, shall receive a majority vote of
the members of the city commission and the amount to be borrowed
exceeds one hundred thousand dollars ($100,000.00), such action
shall not be effective unless it has been acted upon by the city
commission after a public hearing preceded by at least seven
(7) days notice of the hearing and the proposed action by pUblica-
tion in a newspaper of general circulation in the City of Ocoee.
The city commission shall have the right to waive the notice re-
quirement hereunder by affirmative vote of a majority of the
members of the city commission present and voting provided that
the city commission determines that circumstances surrounding the
borrowing of money constitutes an emergency which requires
immediate action by the city commission.
section 8. Franchises.
To grant exclusive and nonexclusive franchises and privi-
leges in the City, but only after a public hearing preceded by at
least thirty (30) days notice of the hearing and the proposed
action by publication once a week for four (4) consecutive weeks
in a newspaper of general circulation in the City of Ocoee.
section 9. Bonds.
To issue certificates of indebtedness, revenue bonds or
assessment bonds; to pay all or part of the cost of the acquisi-
tion, construction, reconstruction, extension, repair, improvement,
maintenance or operation of any city project or combination of
projects; to provide for any facility, service or other activity
of the City; to provide for the retirement or refunding of any
bonds or obligations of the City, or for any combination of the
foregoing purposes.
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section 10. Lakes, Donds, and rivers.
To regulate, control and restrict the use of or drainage
into lakes, ponds, rivers, streams and other water courses and
adjacent wetlands and uplands within the city.
section 11. Alcoholic beverages.
To the extent permitted by law, to regulate, restrict
and control the manufacture, transportation, possession and sale
of alcoholic beverages within the city.
section 12. Nuisances.
To declare what shall constitute a nuisance, prevent the
same, and authorize the removal thereof.
section 13. TransDortation.
To the extent permitted by law, to regulate the services
to be rendered and rates to be charged by buses, cabs and other
vehicles for the carrying of passengers and baggage and to own,
acquire, and operate common, private or contract carriers and
other transportation facilities and devices, whether now or here-
after invented or developed.
section 14. Taxation.
Except to the extent expressly prohibited by the laws of
Florida, to assess, levy and collect taxes for all municipal pur-
poses upon all businesses, property, privileges and professions
and to establish special taxing districts or assessment areas
encompassing all or a portion of the city.
section 15. Condemnation of buildings.
To condemn and remove, cause to be removed, order to be
demolished and removed or to be put in a state of sound repair,
any and all dilapidated, unsanitary or unsafe buildings or struc-
tures, and to provide and enforce by ordinance a penalty for the
failure to do so.
section 16. Buildinqs and structures.
To regulate the construction, alteration, maintenance,
repair, equipment, occupancy, location, removal, and demolition
of every building or structure and any appurtenances connected or
attached to such buildings or structures and to exercise all powers
and all other municipal and legislative enactments in favor of
the City pertaining to building regulation.
section 17. Maintenance of Drivate DroDertv.
To require all lands, property, lots, bodies of water
and other premises within the City to be kept clean, sanitary and
free from weeds or to make them so at the expense of the owner by
assessing the cost against the property. To establish by ordi-
nance that the assessment will be a lien on the property until
discharged by payment.
section 18. Industrv control.
To regulate, restrain or prevent any industry which is
dangerous or so obnoxious as to constitute a nuisance.
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section 19. Beautification of DUblic lands.
To regulate and beautify the streets, parks and public
thoroughfares of the City, and to regulate and restrict the con-
struction and location of signs, signboards, billboards, placards
and handbills.
section 20. compliance with city requirements
prerequisite to subdivision.
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To require any subdivider to conform to requirements of
the City for the design of any subdivision and for the construc-
tion and maintenance of roadways, sidewalks, recreation areas,
utility easements, sewage disposal services, drainage facilities,
including retention and detention ponds, and area of lots and
blocks, and such other regulations as may be provided to protect
the public health, safety and welfare; and the City may require,
before the approval and adoption of any subdivision plat that the
owner of the lands included within such plat enter into a bond
with the City of Ocoee, executed by a licensed surety company in
the state of Florida, as surety in a sufficient sum to insure
that the provisions of this Charter and any ordinances adopted by
the city commission be complied with.
section 21. License taxes.
To levy, impose, and collect license taxes upon all occu-
pations and privileges to the extent not otherwise prohibited under
the laws of Florida, and to provide by ordinance penalties for
failure or refusal to pay such license taxes. To provide by ordi-
nance that all such license taxes, so imposed, shall constitute a
legal indebtedness to the City and shall constitute a lien on all
property of the debtor and may be recovered in any court of compe-
tent jurisdiction, along with penalties, reasonable costs, and
the City's fees, including attorney's fees, and no property of
such debtor shall be exempt from sale for such indebtedness except
as otherwise provided under the laws of Florida.
section 22. Public services and utilities.
To the extent permitted by law, the City may construct,
acquire, furnish, operate and maintain any and all local public
services and utilities and levy charges for the use of such ser-
vices and utilities.
section 23. Public works.
To exercise all powers with reference to municipal public
works as set forth under the laws of Florida.
section 24. Recreational facilities.
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To establish a system of public recreation and to set
aside any lands or buildings owned or leased by the City for recrea-
tional purposes; to charge reasonable fees and deposits for access
to any such facilities or activities.
section 25. Advertisinq.
To advertise and promote the interests of the City and its
residents through legitimate and recognized means.
section 26. conservation.
To designate, set aside and maintain lands and areas
within the City as conservation areas or bird and wildlife sanc-
tuaries; to stock such areas with animal and plant life and to
stock water areas with fish and other aquatic life; to promulgate
and enforce rules and regulations with respect thereto and to
protect and preserve the natural beauty thereof; and to do all
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acts necessary or desirable in order to qualify such lands and
areas as conservation areas and sanctuaries under any of the laws
of Florida or under federal law.
section 27. Sewer and water systems.
To own, acquire, construct, reconstruct, equip, operate,
maintain, extend, improve and regulate the water systems, sewer
systems or combined water and sewer systems; to levy and collect
fees for the use of such systems; to exercise all powers derived
from other municipal and legislative enactments in favor of the
City pertaining to the sewage and water systems.
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Section 28. Drainaqe and flood control.
To own, acquire, construct, reconstruct, equip, operate,
maintain, extend and improve drainage, reclamation, irrigation,
water and flood control, and erosion control works and facilities
of every nature and kind including, without limitation, canals,
ditches, drains, drainage wells, dikes, levees, pumps, plants,
sluice-ways, floodways, drainage holding basins and other works,
machinery, plants and facilities for use in connection therewith.
section 29. Cemeteries, mausoleums and crematories.
To own, acquire, operate and maintain cemeteries, mauso-
leums and crematories and otherwise provide for the burial of the
dead.
section 30. Fees for services.
To offer and furnish the City's facilities and services
to persons, firms, corporations, political subdivisions and
other public or private agencies or bodies, and to collect fees,
rentals and other charges for such facilities and services.
section 31. Roads.
To regulate vehicular and pedestrian traffic and the use
of roads, streets, alleys and other public places.
section 32. cooperative aqreements.
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To enter into cooperative, intergovernmental agreements
concerning the exercise of any powers and authorities of the city
provided for in this Charter or under the Constitution and the
laws of Florida. without limitation on the foregoing, the City
may receive assistance from and exercise all of its powers jointly
or in cooperation with the federal government, the state and other
units of local government and may undertake and finance any of
the projects provided for under this Charter or under law, in
whole or in part, jointly with any municipality now existing or
hereafter created, or in any other manner combine the projects of
the city with projects of another municipality on such terms and
conditions as the city may approve. To the extent permitted by
law, the provisions of this Charter and all of the rights, powers
and privileges of the City under law with respect to city projects,
shall be applicable to such joint or common projects.
section 33. Preservation of lakes and waterways.
To preserve and maintain the lakes and waterways; to
herbicide, harvest and sell, chemicalize or control, abate, and
eliminate by any biological, mechanical or other means lake weeds,
hyacinths or other growths that impair recreational and esthetic
uses; to levy special tax assessments on lake front property
owners, to tax generally and specially and to establish special
taxing districts to accomplish the above.
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section 34. Zoninq.
To create and establish a city planning and/or zoning
commission; to regulate the construction of all buildings; to
exercise all powers with reference to municipal zoning as set
forth under the laws of Florida.
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ARTICLE III
CITY COMMISSION
section 1. Created; composition; desiqnation; election
qenerallv.
There is hereby created a city commission to consist of
five members, one of whom shall be known and designated 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 tem". The members of the city commission shall be
elected at large and shall represent the city at large. The mayor
pro tern shall be elected from among the commissioners by the city
commission. The mayor pro tem shall be elected at the first city
commission meeting following the swearing in of the candidates
elected at each general election (unless there is a run-off elec-
tion, in which case the mayor pro tem 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 tem until the successor is elected. The city commis-
sion 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 pro-
vided. 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 commis-
sion and shall not be construed to include only those members
present and voting.
section 2. Judqe of qualifications.
The city commission shall be the judge of the election
and qualifications of its members and of the grounds for forfeiture
of their office and for that purpose shall have, to the extent
permitted by law, power to subpoena witnesses, administer oaths
and require the production of evidence. A member charged with
conduct constituting grounds for forfeiture of office shall
be entitled to a public hearing on demand, and notice of such
hearing shall be published in a newspaper of general circulation
in the City at least seven (7) days prior to the hearing. Deci-
sions made by the city commission under this section shall be
subject to review by the courts. Nothing contained herein shall
be construed to deprive any member of the city commission of such
member's right to due process under the Constitution and the laws
of the united states and the State of Florida.
section 3. Eliqibility.
Only qualified electors of the City shall be eligible to
qualify for and to hold the offices of mayor and commissioner.
Each candidate for the office of mayor or commissioner shall, at
the time of qualifying as a candidate for such office, be a bona
fide resident of the City of Ocoee. Each member of the city com-
mission shall, during the entire term of office, be a bona fide
resident of the City of Ocoee.
section 4. Prohibitions.
(a) Holdinq other offices. Except where authorized by
law, no member of the city commission shall, while being a mem-
ber of the city commission, hold any other office, whether such
office be federal, state, county, or municipal or hold any other
employment with the City of Ocoee. No former member of the city
commission shall hold any compensated appointive city office or
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employment until one year after the expiration of such member's
term or the vacating of such member's office.
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(b) Appointments and removals. Except as otherwise
provided in this Charter or under the laws of Florida and except
for inquiries and investigations into the affairs of the City, no
member of the city commission shall in any way deal with or dic-
tate the appointment or removal of any city officers or employees
who are subject to the supervision or control of the city manager,
or any subordinates of the city manager, or who the city manager,
or any subordinates of the city manager, is empowered to appoint;
provided, however, that each member of the city commission shall
be entitled to express such member's views pertaining to the
appointment and removal of such officers and employees and to
fully and freely discuss those views with the city manager.
(c) Influencinq votes or political aid. No member of
the city commission shall attempt to influence the vote of any
other member by promising anything of value to such other member
for the purpose of gaining political aid or influencing votes.
Section 5. Reqular and special meetinqs; meetinqs and
records open to DUblic; rules and order of business; record of
proceedinqs.
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The city commission shall meet at the usual place for
holding the meetings of the legislative body of the City, and at
such times as may be prescribed by ordinance or resolution, except
that it must meet regularly at least once each month. An agenda
of all items wherein city commission action may be required shall
be prepared by the city manager or the city manager's designee
for all regular and special city commission meetings; provided,
however, that any member of the city commission may direct the
city manager to place items on the agenda for action or discussion
by the city commission. Such agenda shall be made available to
the public at least twenty-four (24) hours prior to all regular
and special city commission meetings. Only matters on the agenda
or matters of an emergency nature may be acted upon by the city
commission. The mayor alone shall have the power to declare what
shall constitute an emergency matter; provided, however, that
such power shall not, in any way, be used for the purpose of
evading the requirements of this Section. Any member of the city
commission may call special meetings of the city commission upon
at least twenty-four (24) hours notice to the public and at least
twenty-four (24) hours written notice to each member of the city
commission, served personally or left at their usual place of
business. The notice requirement to the members of the city com-
mission shall be deemed satisfied if a waiver of notice is signed
by all members of the city commission or if all members are present
at roll call. The mayor or mayor pro tem may, to the extent per-
mitted by law, call emergency sessions upon such notice as may be
appropriate and effective under the circumstances. Except as
otherwise provided under the laws of Florida, all meetings of the
city commission and all committees thereof shall be public, and
any citizen shall have access to the minutes and records thereof
at all reasonable times. The city commission shall determine its
own rules and order of business and shall keep a record of its
proceedings.
section 6. Ouorum; necessary vote for adoDtion of
ordinances and resolutions; roll call.
A majority of all members of the city commission shall
constitute a quorum, but a lesser number may adjourn from day to
day. Except as otherwise provided under the laws of Florida, all
members of the city commission shall have the right to vote on
all ordinances, resolutions and other matters coming before the
city commission for action. The affirmative vote of a majority
of all members of the city commission shall be necessary to adopt
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any ordinance or resolution. The vote of each member of the city
commission shall be recorded and entered in the minutes.
section 7. Absence from meetings.
Absence from four (4) consecutive regular meetings of
the city commission shall vacate the seat of the member absent,
unless such absence is excused by the city commission by resolu-
tion setting forth the fact of such excuse duly entered in the
minutes.
section 8. Compensation: expenses.
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The city commission may determine the annual salary of
the mayor, the mayor pro tem and the commissioners by ordinance,
but no ordinance increasing such salary shall become effective
until the date of commencement of the terms of members of the
city commission elected at the next regular city election, pro-
vided that such election follows the adoption of such ordinance
by at least six (6) months. Members of the city commission shall
receive their actual and necessary expenses incurred in the per-
formance of their duties of office.
section 9.
vacancies.
Vacancies: forfeiture of office: fillinq of
(a)
mission shall
forfeiture of
ized by law.
Vacancies. The office of a member of the city com-
become vacant upon the member's death, resignation,
office or removal from office in any manner author-
(b) Forfeiture of office. Any member of the city com-
mission shall forfeit one's office if one lacks at any time during
one's term of office, any qualification for the office prescribed
by this Charter or by law, or is convicted of a felony or any
crime involving moral turpitude. The provisions of this Section
shall be exercised in accordance with the provisions of Section 2
of this Article.
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(c) Fillinq of vacancies. If any vacancy, other than
the office of mayor, occurs in the city commission, an eligible
person shall be selected by the city commission within thirty
(30) days of the vacancy to serve until the successor is elected,
unless a special election is called by the city commission here-
under. If a vacancy occurs in the office of mayor, the mayor pro
tem shall serve as mayor until the successor is elected. The
city commission shall appoint a commissioner to fill the vacancy
created by the mayor pro tem serving as mayor; such commissioner
shall serve until such time as a mayor is elected. The successor
to the office of mayor or commissioner shall be elected at the
next general city election if such election is to be held within
six (6) months of the vacancy. If a general city election will
not be held within six (6) months, the successor shall be elected
at a special election which shall be called by the city commission
within thirty (30) days of the vacancy. The successor shall serve
for the unexpired term of the member who created the vacancy. If
all members of the city commission are removed at the same time,
the Governor of the State of Florida shall appoint an interim
city commission that shall call a special election within thirty
(30) days of appointment.
section 10. Independent audit.
The city commission shall provide for an independent
annual audit of all city accounts and may provide for more fre-
quent audits as it deems necessary. Audits shall be made by a
certified public accountant or firm of accountants who have no
personal interest, direct or indirect, in the fiscal affairs of
the city government or any of its officers. The city commission
may designate such accountant or firm annually or for a period
- 10 -
not exceeding three (3) years, provided that the designation for
any particular fiscal year shall be made no later than thirty
(30) days after the beginning of such fiscal year. If the state
makes such an audit, the city commission may accept it as satis-
fying the requirements of this section.
section 11. Initiative and referendum.
(1) Initiative and referendum qenerallv.
.
(a) Initiative. The qualified electors of the
city shall have the power to propose ordinances to the city com-
mission and, if the city commission fails to adopt an ordinance
so proposed without any change in substance, such electors shall
have the power to adopt or reject it at a city election provided
that such power shall not extend to the budget or capital program
or any ordinance relating to appropriation of money, levy of taxes
or salaries of city officers or employees.
(b) Referendum. The qualified electors of the
City shall have the power to require reconsideration by the city
commission of any adopted ordinance and, if the city commission
fails to repeal an ordinance so reconsidered, such electors shall
have the power to approve or reject it at a city election provided
that such power shall not extend to the budget, capital program,
any emergency ordinance, or any ordinance relating to appropria-
tion of money, levy of taxes or salaries of city officers or
employees.
(2) Commencement of proceedings. Any five (5) qualified
electors may commence initiative or referendum proceedings by filing
with the city clerk an affidavit stating that they will constitute
the petitioners' committee and be responsible for circulating the
petition and filing it in proper form, stating their names and
addresses and specifying the address to which all notices to the
committee are to be sent and setting out in full the proposed
initiative ordinance or citing the ordinance sought to be recon-
sidered.
(3) Petitions.
Each initiative or referendum petition filed with the
city clerk shall comply with the following requirements and any
failure to comply with anyone or more of the following require-
ments shall render the petition insufficient:
(a) Number of siqnatures. Initiative and referen-
dum petitions must be signed by qualified electors of the City
equal in number to at least ten percent (10%) of the total number
of qualified electors registered to vote at the last regular city
election.
.
(b) Form and content. All papers of a petition
shall be uniform in size and style and shall be assembled as one
instrument for filing. Each signature shall be executed in ink
or indelible pencil and shall be followed by the address and the
fully printed name of the person signing. Petitions shall contain
or have attached thereto, throughout their circulation, the full
text of the ordinance proposed or sought to be reconsidered.
Petitions shall also contain a statement above each signature
that the signer had an opportunity to read the ordinance before
signing.
(c) Affidavit of circulator. Each paper of a peti-
tion shall have attached to it when filed, an affidavit executed
by the circulator thereof stating the address and fully printed
name of the circulator, that the circulator personally circulated
- 11 -
.
.
the paper, the number of signatures thereon, that all the signa-
tures were affixed in the circulator's presence, that the circula-
tor believes them to be the genuine signatures of the persons
whose names they purport to be and that each signer had an oppor-
tunity before signing to read the full text of the ordinance pro-
posed or sought to be reconsidered.
(4) Procedure for filing.
(a) certificate of city clerk; amendment. within
thirty (30) days after an initiative petition or referendum peti-
tion is filed, the city clerk shall complete a certificate as to
its sufficiency, specifying, if it is insufficient, the particu-
lars wherein it is defective and shall send a copy of the certi-
ficate to the petitioners' committee by registered mail. Grounds
for insufficiency are only those specified in subsection three
(3) hereinabove. A petition certified insufficient may be amended
once provided that the text of the petition is not substantially
changed in any way and the petitioners' committee files a notice
of intention to amend it with the city clerk within seven (7)
days after receiving a copy of the certificate and files a supple-
mentary petition upon additional papers within ten (10) days after
receiving the copy of such certificate. Such supplementary peti-
tion shall comply with the requirements of subsection three (3)
hereinabove. within seven (7) days after it is filed, the city
clerk shall complete a certificate as to the sufficiency of the
petition, as amended and shall promptly send a copy of such certi-
ficate to the petitioners' committee by registered mail as in the
case of an original petition. If a petition or amended petition
is certified insufficient and the petitioners' committee does not
elect to amend or request city commission review under subsec-
tion (c) of this section within the time required, the city clerk
shall promptly present its certificate to the city commission and
the certificate shall then be a final determination as to the
sufficiency of the petition.
(b) Assistance to the city clerk. The city clerk
may, within its sole discretion, seek the assistance of the Super-
visor of Elections for Orange County, Florida, in performing the
city clerk's duties hereunder. In such event, the city clerk
shall remain responsible for certifying the sufficiency of all
petitions, including amended petitions.
(c) city commission review. If a petition has
been certified insufficient and the petitioners' committee does
not file notice of intention to amend it or if an amended petition
has been certified insufficient, the committee may, within seven
(7) days after receiving the copy of such certificate, file a
request that it be reviewed by the city commission. The city
commission shall review the certificate at its next meeting fol-
lowing the filing of such request and approve or disapprove it.
The city commission's determination shall be a final determina-
tion as to the sufficiency of the petition.
(5) Referendum petitions; suspension of effects
of ordinance.
When a referendum petition is filed with the city
clerk, the ordinance sought to be reconsidered shall be suspended
from taking effect if it has not already become effective as of
the date of filing the referendum petition. Such suspension shall
terminate when:
(a) there is a final determination of insufficiency
of the petition;
(b) the petitioners' committee withdraws the peti-
tion;
(c) the city commission repeals the ordinance; or
- 12 -
(d) a vote on the ordinance by the electors of the
city has been certified.
The filing of a referendum petition shall not affect
the validity of or enforcement of the ordinance sought to be re-
considered if such ordinance is effective on the date of filing
such referendum petition.
(6) Action on petitions.
.
(a) Action bv city commission. When an initiative
or referendum petition has been finally determined sufficient,
the city commission shall promptly consider the proposed initia-
tive ordinance in the manner provided in Article III or reconsider
the referred ordinance by voting on its repeal. If the city com-
mission fails to adopt a proposed initiative ordinance without
any change in substance within forty-five (45) days or fails to
repeal the referred ordinance within forty-five (45) days, it
shall submit the proposed or referred ordinance to the electors
of the city.
(b) Submission to electors. The proposed or
referred ordinance shall be submitted to the electors of the City
not less than ninety (90) days and not later than one hundred
fifty (150) days from the date that the petition was determined
sufficient. If no regular city election is to be held within the
periods described in this subsection, the city commission shall
provide for a special election to be held within the above-
described period. Copies of the proposed or referred ordinance
shall be made available at the polls and at city hall.
(c) withdrawal of petitions. An initiative or
referendum petition may be withdrawn at any time prior to the
fifteenth (15th) day preceding the date on which the proposed or
referred ordinance is to be submitted to the electors of the City
by filing with the city clerk, a properly notarized request for
withdrawal signed by at least four (4) members of the petitioners'
committee. Upon the filing of such request, the petition shall
have no further force or effect and all proceedings thereon shall
be terminated.
(7) Results of election.
(a) Initiative. If a majority of the qualified
electors voting on a proposed initiative ordinance vote in its
favor, it shall be considered adopted upon certification of the
election results and shall be treated in all respects in the same
manner as ordinances of the same kind adopted by the city commis-
sion. If conflicting ordinances are approved at the same elec-
tion, the one receiving the greatest number of affirmative votes
shall prevail to the extent of such conflict.
(b) Referendum. If a majority of the qualified
electors voting on a referred ordinance vote against it, it shall
be considered repealed upon certification of the election results.
.
(8) Repeal of ordinances adopted bv electoral votes.
No ordinance adopted by an electoral vote shall be re-
pealed or amended except by an electoral vote, but an ordinance
to repeal or amend any such ordinance may, by resolution of the
city commission, be submitted to an electoral vote at any regular
election or at any special election, provided that notice of the
intention to do so be published not more than sixty (60) days nor
less than thirty (30) days prior to such election.
- 13 -
,-
.
.
section 12. Duties and emerqencv powers of the mayor.
The mayor shall preside at all meetings of the city com-
mission and shall be recognized as the head of the city government
for all ceremonial purposes and by the Governor of the state of
Florida for the purposes of military law, civil law and service
of process, but shall have no regular administrative duties. The
mayor shall sign all deeds, contracts, agreements, bonds, notes,
obligations and other legal documents of the city. The mayor
shall prepare and present to the City an annual state of the city
message in the month of January of each year in which the mayor
holds office. In time of insurrection, general conflagrations,
catastrophe or great or widespread public emergency, the mayor
shall become the head of the government and shall exercise those
powers delegated to the mayor under the laws of Florida. In the
absence or disability of the mayor, the functions of the mayor
shall be discharged by the mayor pro tem.
- 14 -
. ,
ARTICLE IV
CITY MANAGER
section 1. Aooointment: aualifications: comoensation.
.
The city commission shall appoint by affirmative vote of
a majority of all its members, a city manager for a minimum term
of one (1) year. The city manager shall be appointed solely on
the basis of executive and administrative qualifications and need
not be a resident of the city of Ocoee or the state of Florida at
the time of appointment. The city manager may reside outside the
City while employed as city manager, subject to the approval of
the city commission. The city commission shall fix the compensa-
tion of the city manager and shall meet annually with the city
manager to review and evaluate the city manager's performance.
The city commission may enter into an employment agreement with
the city manager addressing terms and conditions of employment
not inconsistent with or in conflict with the provisions of this
Charter.
section 2. Removal.
The city commission may remove the city manager in accor-
dance with the following procedures:
(a) The city commission shall adopt by affirmative vote
of a majority of all its members, a preliminary resolution which
must state the reasons for removal and may suspend the city manager
from duty for a period not to exceed forty-five (45) days. A copy
of the resolution shall be delivered promptly to the city manager.
(b) within five (5) days after a copy of the resolution
is delivered to the city manager, the city manager 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.
(c) The city commission may adopt by affirmative vote
of a majority of all its members, a final resolution of removal,
which may be made effective immediately. Such resolution may be
adopted at any time after five (5) days from the date a copy of
the preliminary resolution was delivered to the city manager, if
the city manager has not requested a public hearing. If the city
manager has requested a hearing, such resolution may be adopted
at any time after the hearing. In the event the city commission
fails to remove the city manager in the manner provided hereunder
within forty-five (45) days from the effective date of the prelim-
inary resolution providing for the suspension of the city manager,
the city manager shall automatically be reinstated.
.
(d) The city manager shall continue to receive a salary
during the period of suspension and, if removed, shall receive a
salary until the effective date of a final resolution of removal.
The action of the city commission in suspending or removing the
city manager shall not be subject to review by any court or agency.
A nonrenewal of the city manager's employment agreement with the
City shall not constitute a removal hereunder requiring compli-
ance with the provisions of this section in order to terminate
employment.
section 3. Actinq city manager.
There shall be an acting city manager who shall exercise
the powers and perform the duties of city manager during the tem-
porary absence, disability or suspension of the city manager.
The city manager shall designate, by letter filed with the city
- 15 -
. .
clerk, a qualified city administrative officer to serve as acting
city manager, subject to approval of the city commission. In the
event the city manager fails to designate someone as acting city
manager as required hereunder, the city commission may then
appoint a qualified acting city manager.
The acting city manager shall serve at the pleasure of
the city commission and may be removed by the city commission at
any time, with or without cause. The removal of the acting city
manager shall not affect, in any manner, any other positions such
person may hold with the city. The removal provisions of Section 2
of this Article shall not apply to an acting city manager.
.
The acting city manager shall serve as city manager until
such time as (a) the city manager resumes the position of city
manager, (b) a new city manager is appointed by the city commis-
sion pursuant to Section 1 of this Article or (c) the acting city
manager is removed and a new acting city manager is appointed by
the city commission.
seotion 4. Powers and duties of the oitv manaqer.
The city manager shall be the chief administrative
officer of the City and shall be responsible for the admini-
stration of all city affairs for which the city manager is
given responsibility under this Charter. The powers and
duties of the city manager shall include, but not be limited
to, the following:
(a) To appoint and, when deemed necessary for the
good of the City, to suspend or remove any
city employees or appointive administrative
officers unless otherwise provided under this
Charter, the laws of Florida, or any personnel
rules and regulations adopted by the City.
The city manager may authorize any administra-
tive officer who is subject to the city mana-
ger's direction and supervision to exercise
these powers with respect to subordinates in
such officer's department, office or agency;
(b) To direct and supervise the administration of
all departments, offices and agencies of the
City, except as otherwise provided under this
Charter or the laws of Florida;
(c) To attend all city commission meetings and
take part in any discussion at such meetings.
This shall not be construed to include the
right to vote at such meetings;
.
(d) To ensure, to the extent possible, that all
provisions of this Charter, and all laws and
acts of the city commission that are subject
to enforcement by the city manager or by offi-
cers subject to the direction and supervision
of the city manager are faithfully executed;
(e) To prepare and submit to the city commission
the annual budget and capital program for the
City;
(f) To prepare and submit to the city commission a
complete report on the finances and administra-
tive activities of the City as of the end of
each fiscal year. Such report shall also be
made available to the public;
- 16 -
(g) To prepare and submit to the city commission
such other reports as the city commission may
require concerning the operation of city depart-
ments, offices and agencies subject to the
direction and supervision of the city manager;
(h) To prepare and submit to the city commission
on a quarterly basis, a complete report on the
financial conditions and future needs of the
City and to make recommendations relating
thereto;
I .
I
(i) To perform such other duties as may be required
under this Charter or as may be required by the
city commission; and
(j) To recommend to the city commission the salary
and wage scale of officers and employees of
the city.
.
- 17 -
ARTICLE V
ADMINISTRATIVE DEPARTMENTS
Section 1. General provisions.
.
(a) Creation of departments. The city commis-
sion may establish city departments,
offices or agencies in addition to those
created by this Charter and may prescribe
the functions of all such departments,
offices and agencies, except that no func-
tion assigned by this Charter to a parti-
cular department, office or agency may be
discontinued or assigned to any other
except by ordinance adopted by the city
commission.
(b) Direction bv city manager. All city
departments, offices and agencies under
the direction and supervision of the city
manager shall be administered by an offi-
cer appointed by and subject to the direc-
tion and supervision of the city manager.
with the consent of the city commission,
the city manager may serve as the head of
one or more such departments, offices or
agencies; provided, however, that the
city manager may not serve as the chief
of police or the city clerk of the City.
section 2. City attorney.
.
There shall be a city attorney who shall be appointed by
a majority of all members of the city commission. The city attor-
ney shall act as the attorney and counselor for the City. The
city attorney shall prepare and/or review as to form and legality,
all contracts, agreements, bonds, and other written instruments
to which the City is a party. When required to do so, the city
attorney shall prosecute and defend for and in behalf of the City
all complaints, suits and controversies in which the City is a
party. The city attorney shall furnish to the city commission
and the city manager an opinion on any question of law affecting
the city and shall perform such other professional duties as may
be consistent with this Charter and (1) required by ordinance
or resolution of the city commission, (2) prescribed for city
attorneys under the laws of Florida or (3) otherwise requested
by the city commission or the city manager. The city attorney
shall be a lawyer admitted in and having authority to practice in
all courts of the state of Florida. The city attorney may also
serve as city prosecutor, subject to the approval of the city
commission and may appoint such assistant city attorneys as the
city attorney deems necessary. Upon recommendation of the city
attorney or the city manager, the city commission may retain
special legal counsel to represent the City. Upon request by any
board, commission or committee of the City, the city commission
or the city manager shall appoint an attorney to assist such board,
commission or committee. Upon the request of the city commission
or the city manager, the city attorney shall provide assistance
to any board, commission or committee of the city.
Section 3. Oath reauired: form.
Every official of the City, before entering the duties
of office, shall take and subscribe to an oath or affirmation to
- 18 -
be filed with the city clerk, which shall be in a form prescribed
for state officers under the Constitution and the laws of Florida.
seotion 4. city olerk.
(a) Appointment: powers and duties. There shall be a
city clerk who shall be appointed by the city manager. The city
clerk shall be under the direction and supervision of the city
manager. The salary of the city clerk shall be determined by the
city manager, subject to the approval of the city commission.
The powers and duties of the city clerk shall be in accordance
with this Charter, the laws of Florida, and the ordinances of the
City and shall include, but not be limited to, the following:
.
1.
Giving notice of city commission
meetings;
2. Attending all city commission
meetings and keeping minutes of such
meetings to be signed by the mayor
of the City and attested by the city
clerk;
3. Acting as custodian of the city seal,
ordinances, resolutions and all papers
and other documentation pertaining to
the affairs of the City;
4. Preserving and filing all contracts
and agreements to which the City is
a party;
5. Posting all ordinances when
required to do so;
6. Attesting to the mayor's signature
on all ordinances, resolutions, con-
tracts, agreements and other docu-
ments;
7. Preserving and maintaining an ordinance
and a resolution book; and
8. Performing all other duties appro-
priate to the office of city clerk
as may be imposed by law, required
by city ordinance or directed by the
city manager.
.
(b) Deputy city clerk. The city clerk may designate a
qualified individual as a deputy city clerk to exercise the powers
and perform the duties of city clerk during the temporary absence
of the city clerk, subject to the approval of the city manager.
In the event the city clerk is temporarily absent and fails to
designate someone as deputy city clerk, the city manager may then
designate a qualified individual to serve as a deputy city clerk.
The deputy city clerk shall serve at the pleasure of the
city manager and may be removed by the city manager at any time,
with or without cause. The removal of the deputy city clerk shall
not affect, in any manner, any other positions such person may
hold with the City.
The deputy city clerk shall serve as acting city clerk
until such time as (a) the city clerk resumes the position of
city clerk, (b) a new city clerk is appointed by the city manager,
or (c) the deputy city clerk is removed and a new deputy city
clerk is appointed by the city manager.
- 19 -
section 5. city Drosecutor.
The city commission may appoint a city prosecutor who
may prosecute all offenses against the City's ordinances, and
shall perform such other prosecutorial duties as may be directed
by the city commission. The duties of the city prosecutor shall
include, but not be limited to, the following:
(a) Preparing charges after examination into
the facts and circumstances of each case;
(b) Having all witnesses required on behalf
of the City properly summoned; and
.
(c) When requested by the city commission,
preparing and submitting a complete report
to the city commission on all cases in
which the city prosecutor has represented
the City.
section 6. Personnel system.
(a) Establishment of a personnel board. There shall be
a personnel board consisting of five (5) members appointed by the
city commission for a term of three (3) years. The members of
the personnel board shall be qualified electors of the City and
shall serve at the pleasure of the city commission. The personnel
board shall consist of at least one (1) city employee, one (1)
city commissioner, one (1) person who holds a management position
with the City and one (1) citizen of Ocoee who is not employed by
and does not hold office with the City. All members of the per-
sonnel board must be qualified electors of the City during their
entire term on the personnel board in order to remain a member of
such board. Any city employee, city commissioner, or person
holding a management position with the City who is appointed to
the personnel board must hold their respective positions with the
City during their entire term on the personnel board in order to
remain a member of such board.
(b) Vacancies. Any vacancy occurring during the term
of any member of the personnel board shall be filled by the city
commission for the remainder of the term. Such vacancy shall be
filled within thirty (30) days after the vacancy occurs.
(c) Powers and duties. The personnel board shall be
responsible for developing personnel policies for the City and
recommending such policies to the city commission for adoption.
The personnel board shall also have such other powers and duties
as may be established by ordinance by the city commission.
.
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. ,
ARTICLE VI
FINANCIAL PROCEDURES
section 1. Fiscal year.
The fiscal year of the City shall begin on the first (1st)
day of October and end on the thirtieth (30th) day of September
of the following calendar year.
.
Section 2. Submission of budqet and bUdqet message.
On or before the first day of August of each year,
the city manager shall submit to the city commission a bud-
get for the ensuing fiscal year and an accompanying message.
section 3. Budqet message.
The city manager's message shall explain the budget both
in fiscal terms and in terms of the work programs. It shall out-
line the proposed financial policies of the City for the ensuing
fiscal year, describe the important features of the budget, indi-
cate any major changes from the current year in financial policies,
expenditures, and revenues together with the reasons for such
changes, summarize the City's debt position and include such other
material as the city manager deems desirable.
Section 4. Budqet.
The budget shall provide a complete financial plan of
all city funds and activities for the ensuing fiscal year and,
except as required by law or this Charter, shall be in such form
as the city manager deems desirable or the city commission may
require. In organizing the budget, the city manager shall utilize
the most feasible combination of expenditure classification by
fund, organization unit, program, purpose or activity, and object.
It shall begin with a clear, general summary of its contents and
shall show in detail all estimated income, indicating the proposed
millage rate for ad valorem taxes and all proposed expenditures,
including debt service, for the ensuing fiscal year. The budget
shall be so arranged as to show comparative figures for the actual
and estimated income and expenditures of the current fiscal year
and the actual income and expenditures of the preceding fiscal
year. It shall indicate in separate sections:
(a) Proposed expenditures for current opera-
tions during the ensuing fiscal year,
detailed by offices, departments and
agencies in terms of their respective
work programs, and the method of financ-
ing such expenditures;
.
(b) Proposed capital expenditures during the
ensuing fiscal year, detailed by offices,
departments, and agencies when practi-
cable, and the proposed method of financ-
ing each such capital expenditure;
(c) Anticipated net surplus or deficit for
the ensuing fiscal year of each utility
owned or operated by the City and the
proposed method of its disposition; sub-
sidiary budgets for each such utility
giving detailed income and expenditure
information shall be attached as ap-
pendices to the budget; and
- 21 -
"
(d) Proposed measures to be taken to reduce
costs and conduct a more economical
operation during the fiscal year.
section 5. Balanced budqet.
The city commission shall adopt a budget in which the
total expenditures for the fiscal year do not exceed the total
estimated revenues from all sources for such year including, but
not limited to, the issuance of bonds and other indebtedness,
cash reserves, and any other funds as may be available to the
city.
.
Section 6. CaDi tal proqram.
The city manager shall prepare and submit to
commission a five-year capital program at least three
prior to the final date for submission of the budget.
program shall include:
the city
(3) months
The capital
(a) A clear, general summary of its
contents;
(b) A list of all capital improvements
which are proposed to be undertaken
during the five fiscal years next
ensuing with appropriate supporting
information as to the necessity for
such improvements;
(c) Cost estimates, method of financing
and recommended time schedules for
each such improvement; and
(d) The estimated annual cost of
operating and maintaining the facili-
ties to be constructed or acquired.
The above information may be revised and extended each
year with regard to capital improvements still pending or in
process of construction or acquisition.
section 7. AdoDtion of budget.
The public shall be given advance notice of all meetings
of the city commission at which the proposed budget is to be
considered. Such notice shall be published in a newspaper of
general circulation in the City of Ocoee at least seven (7) days
but no more than thirty (30) days before any such meeting. The
budget shall be finally adopted at a public meeting of the city
commission in accordance with the laws of Florida.
section 8. Amendments after adoDtion.
.
(a) Supplemental appropriations. If during
the fiscal year the city manager certi-
fies that there are available for appropria-
tion revenues in excess of those esti-
mated in the budget, the city commission
by ordinance may make supplemental appro-
priations for the year up to the amount
of such excess.
(b) Reduction of appropriations. If at any
time during the fiscal year it appears
probable to the city manager or city commis-
sion that the revenues available will be
insufficient to meet the amount appropri-
ated, the city manager shall report to
the city commission without delay, the
- 22 -
,.
estimated amount of the deficit, any reme-
dial action taken by the city manager and
any recommendations as to any other steps
to be taken. The city commission shall
then take such further action as it deems
necessary to prevent or minimize any de-
ficit and for that purpose it may by ordi-
nance reduce one or more appropriations.
.
(c) Transfer of appropriations within departments.
At any time during the fiscal year the city
manager or city commission may transfer part
or all of any unencumbered appropriation balance
among programs within a department, office or
agency.
(d) Transfer of appropriations between departments.
The city commission may by ordinance transfer
part or all of any unencumbered appropriation
balance from one department, office or agency
to another.
(e) Limitations. No appropriation for debt ser-
vice may be reduced or transferred, and no
appropriation may be reduced below any amount
required by law to be appropriated or by more
than the amount of the unencumbered balance
thereof.
section 9. Lapse of appropriations.
Every appropriation, except an appropriation pursuant to
a five-year capital program under Section 6 of this Article, shall
lapse at the close of the fiscal year to the extent that it has
not been expended or encumbered. An appropriation pursuant to a
five-year capital program shall continue in force until the pur-
pose for which it was made has been accomplished or abandoned;
the purpose of any such appropriation shall be deemed abandoned
if three (3) years pass without any disbursement from or encum-
brance of the appropriation.
section 10. Depositories of city fund.
.
The city commission shall at its first regular meeting
of each fiscal year designate depositories for city funds.
Any bank located in the City of Ocoee or Orange County, state
or national, and authorized to do business in the State of
Florida which will deposit collateral authorized by the laws
of Florida in such an amount as required by the laws of Florida
or in such higher amount as the city commission may determine
and require for the protection of deposits, may be designated
by the city commission as a city depository. Such deposi-
tory shall then be authorized and entitled to receive funds
of the City of Ocoee. The accounts of the City in any bank
acting as a depository shall be subject at all times to inspec-
tion and audit by the city auditor.
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section 11. Accurate accounts of money to be kept.
The city commission shall cause to be kept accurate
accounts and a complete set of books as may be required under the
laws of Florida.
section 12. EXDend or contract to eXDend money.
Unless the city commission otherwise provides by resolu-
tion, no office, department, or board shall, during any budget
year, expend or contract to expend any money, incur any liability,
or enter into any contract which by its terms involves the expendi-
ture of money for any purpose in excess of the amounts appro-
priated for that general classification or expenditure pursuant
to this Charter. Any contract, oral or written, made in violation
of this Section, or any section in this Charter, shall be null
and void. Any contract which by its terms involves the expendi-
ture of money for a period exceeding the budget year in which
such contract is made, when such contract is otherwise permitted
by law, shall be valid only if approved or authorized by the city
commission.
section 13. Investment of surDlus funds.
The city commission shall have authority to invest any
surplus funds of the City in funds or investments authorized for
such purposes by the laws of Florida, but no such investments
shall be purchased at a higher price than their market price at
the time of such purchase and no bonds shall be purchased until
the city attorney shall have approved the legality of the issue
of such bonds.
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ARTICLE VII
NOMINATIONS AND ELECTIONS
section 1. Identification of city commissioner seats.
.
For purposes of identification only, each city commis-
sioner shall be elected to Seat Numbers as set forth in this
Article. Such Seat Numbers shall be shown on qualification forms,
ballots, and other election records, but shall in no instance be
construed as a designation of relative rank or seniority among
city commissioners, nor as an indication of district representation,
area of expertise or responsibility within city government.
section 2. Election dates and terms of office.
Beginning in November 1989, regular municipal elections
shall be held annually on the first Tuesday after the first Monday
in November of each year. The terms of office of the mayor and
city commissioners shall be as follows:
(a) The mayor shall be elected for a three (3) year
term at a regular municipal election to be held in
November 1989 and shall thereafter be elected for a
two (2) year term at a regular municipal election
to be held in November 1992 and every two (2) years
thereafter.
(b) One city commissioner shall be elected for a two (2)
year term at a regular municipal election to be held in
November 1989 and shall thereafter be elected for a
two (2) year term at a regular municipal election to be
held in November 1991 and every two (2) years thereafter.
Such city commissioner shall be elected to Seat #4.
(c) One city commissioner shall be elected for a three (3)
year term at a regular municipal election to be
held in November 1990 and shall thereafter be elected
for a two (2) year term at a regular municipal
election to be held in November 1993 and every
two (2) years thereafter. Such city commissioner
shall be elected to Seat #2.
(d) Two city commissioners shall each 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 two (2) year term at a regular municipal election
to be held in November 1992 and every two (2) 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 Canvassing Board
as set forth in section 7 of this Article. The incumbent mayor
and city commissioners at the effective 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 speci-
fic seat on the city commission, then such office or seat shall
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be declared vacant by the Canvassing Board at its meeting follow-
ing the general municipal election.
Section 3. General election rules.
The following rules shall be applicable to elections for
the office of mayor and the office of city commissioner:
(a) Any candidate for mayor who receives a
majority of the votes cast for such office
shall be elected.
.
(b) Any candidate for each separate city commis-
sion seat who receives a majority of the votes
cast for such office shall be elected.
(c) In the event no candidate for a city elective
office receives a majority of the votes cast
for that office, then a run-off election between
the two candidates who received the most votes
for such office shall be held at least seven
(7) days and no more than thirty (30) days
following the regular municipal election for
such office.
section 4. Qualifications of electors.
Any person who is a resident of the City of Ocoee, who
has qualified as an elector of the state of Florida, and who
registers in the manner prescribed by general law, shall be an
elector of the City of Ocoee.
section 5. Reqistration of electors.
Electors of the City of Ocoee shall register with the
appropriate officials of Orange County, Florida. The city commis-
sion shall have authority to make such arrangements as may be
necessary for the attainment and/or certification of the list of
eligible electors qualified to vote in a city election.
section 6. Conduct of elections.
The city commission shall designate the places of polling
for all city elections and shall give notice of all city elec-
tions in accordance with the laws of Florida. The city commis-
sion shall by ordinance provide for the printing of ballots, the
conduct of elections, including absentee procedures, and the
canvass of returns. Such ordinance shall, to the extent possible,
ensure the secrecy of the ballot and the integrity of the poll.
section 7. certification of results: canvass of
returns: notification of successful candidates.
.
The results of the voting at each polling place when
ascertained shall be certified by return in duplicate signed
by the clerk and a majority of the inspectors of the elec-
tion, one copy being delivered by the clerk and inspectors
to the mayor and the other to the city clerk, both of whom
shall transmit such return to a public meeting of the Canvas-
sing Board which will consist of the mayor and the two city
commissioners who were not up for election, such meeting to
be held at twelve o'clock noon following the day of the
election, or as soon thereafter as is practicable. At such
time, the Canvassing Board shall canvass the returns and
shall declare the results of the canvass as the results of
the election. A majority of the canvassing Board shall
constitute a quorum thereof.
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section 8. Names on ballots.
The full names of all candidates for election to
the city commission, except those who have withdrawn, died
or become ineligible, shall be printed on the official ballots
without party designation or sYmbol. The names of the
candidates shall be arranged in the alphabetical order of
their surnames.
section 9. Ballots for ordinances and charter
amendments.
An ordinance, a charter amendment, or any other
matter to be voted on by the electors of the City shall be
presented for voting by ballot title. The ballot title of a
measure may differ from its legal title and shall be a clear,
concise statement describing the substance of the measure
without argument or prejudice. Below the ballot title shall
appear the following question: "Shall the above-described
(ordinance) (amendment) be adopted?". Immediately below
such question shall appear the words "yes" and "no." The
elector shall cast a vote by choosing either "yes" or "no" in
the manner required by the Supervisor of Elections.
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ARTICLE VIII
LEVY OF TAXES AND ISSUANCE OF BONDS
section 1. Power of city to levy taxes; maximum levy.
The City of Ocoee shall have the power to levy taxes
each year for the ordinary purposes of the municipality pro-
vided that such levy shall not exceed ten (10) mills on the
assessed valuation of taxable property within its limits or
such limitations as established by the laws of Florida.
Section 2. General obligation bonds.
(a) The City shall have the power to issue general
obligation bonds in an aggregate principal amount of bonds out-
standing at anyone time not in excess of twenty-five percent
(25%) of the assessed value of the taxable property within the
City as shown on the pertinent tax records at the time of the
authorization of the general obligation bonds for which the full
faith and credit of the City is pledged. Except for refunding
bonds, no general obligation bonds shall be issued unless the
issuance thereof shall have been approved by the electors of the
City at an election held in accordance with the requirements for
such election as prescribed by the Constitution and the laws of
Florida.
(b) The City may pledge its full faith and credit
for the payment of the principal and interest on such general
obligation bonds and for any reserve or other funds provided
therefor, and the City may unconditionally and irrevocably
pledge itself to levy ad valorem taxes on all taxable pro-
perty in the City to the extent necessary for the payment
thereof.
(c) If the City shall determine to issue general obliga-
tion bonds for more than one different purpose, the approval of
the issuance of the bonds for each and all such purposes may be
submitted to the electors separately on one and the same ballot.
The failure of the electors to approve the issuance of bonds for
anyone or more purposes shall not defeat the approval of bonds
for any purpose which shall be approved by the electors.
section 3. Powers declared additional to state law.
Except as set forth in section 2 of this Article, this
Article shall not be construed as in any way restricting or super-
seding any of the provisions of any general law of Florida relating
to the taxing and bond issuance powers of municipalities, but
shall provide an alternative and supplementary method for the
exercise of the powers granted in this Charter; and the City shall
be fully authorized to exercise any powers provided in such
general laws upon compliance only with the provisions of such
general laws.
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ARTICLE IX
GENERAL PROVISIONS
section 1. Personal financial interest.
All city officers and employees shall comply with the
Code of Ethics for Public Officers and Employees or such other
laws as may be enacted by the Florida Legislature governing the
conduct and ethics of public officers and employees, as set forth
under the laws of Florida. Any violation of this Section by a
city officer or employee shall constitute grounds for forfeiture
of the office or position held by such officer or employee. Any
violation of this Section shall render any contracts with the
City voidable by the city manager or the city commission if the
person or entity contracting with the City had express or implied
knowledge of such violation. Nothing contained herein shall be
construed to deprive any city officer or employee of such officer's
or employee's right to due process under the Constitution and the
laws of the united States and the State of Florida.
section 2. Construction of Charter.
Except as otherwise provided herein, the provisions of
this Charter shall be liberally construed to effect its purpose
and shall be deemed cumulative, supplemental and alternative
authority for the exercise of the powers provided herein.
Section 3. severability of Drovisions.
If any sentence, phrase, paragraph, provision or portion
of this Charter is for any reason held invalid, unenforceable or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed to be a separate, distinct and independent
provision and such holding shall not in any way affect the validity
of the remaining portion thereof. If any sentence, phrase, para-
graph, provision or portion of the Charter is held invalid,
unenforceable or unconstitutional in its application to any per-
son or circumstance, the application of the Charter and its pro-
visions to other persons or circumstances shall not be affected
thereby.
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ARTICLE X
CHARTER REVIEW COMMISSION
seotion 1.
Appointment of members.
.
A Charter review commission shall be appointed by the
city commission no later than December 15 in the year 1999 and no
later than December 15 every ten (10) years thereafter. A Charter
review commission may also be appointed by the city commission at
such times as deemed necessary by the city commission. The Charter
review 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.
seotion 2.
Removal; vaoanoies.
(a) Removal. Any member of the Charter review
commission may be removed by the city commission in accordance
with the following procedures:
(1) The city commission shall adopt by
affirmative vote of a majority of all its members, a preliminary
resolution which must state the reasons for removal. A copy of
the resolution shall be promptly delivered to the member of the
Charter review commission sought to be removed.
(2) 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.
(3) 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 prelimi-
nary 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 resolution, if adopted, must be
adopted within forty-five (45) days from the date of the hearing.
(b) Vacancies. If any vacancy occurs in the
Charter review 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.
.
seotion 3.
Powers and duties.
The Charter review commission shall serve as an advisory
body to the city commission with respect to the Charter. The
Charter review commission shall review the Charter of the City of
Ocoee as to legality, form and content and shall prepare a report
to the city commission of any recommended amendments and revisions
to the Charter.
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section 4.
Recommendations to the city commission.
The above-mentioned report shall be submitted to the
city commission in accordance with such 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 report,
the city commission shall accept or reject the recommendations
contained therein, or the city commission may send such report
back to the Charter review commission for further study and
consideration. Any proposed Charter amendments accepted by the
city commission shall be adopted by ordinance and submitted to
the electors of the city for consideration no later than the next
general municipal election or at a special election called by the
city commission for such purpose.
section 5.
Officers.
The Charter review commission shall create and elect
appropriate officers as it deems necessary for the orderly conduct
of its specific duties.
section 6.
EXDenses.
The city commission shall appropriate funds to defray
reasonable expenses of the Charter review commission.
CBTMV2/D0394a(16)
01-4895 (09/02/88)
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Addendum "A"
A bill to be entitled
An act relating to the City of Ocoee;
amending Chapter 69-1359, Laws of Flor-
ida; contracting and re-defining the
corporate boundaries of the City of
I
I Ocoee; providing for an effective date.
lEe It Enacted by the Legislature of the State of
jFlorida:
t Section 1. Section 5~ Article I, of Chapter
169-1359, Laws of Florida, is amended to read as fol-
110WS:
Section 5. Corporate boundaries.- The area
,~;:~ich shall be included in the territory of the
I
(said City of Ocoee shall be as described in subsec-
i
Ition A of this section, but subject to the provi-
lsions of subsection B of this section.
!
I A.- All of
;Range 28 East.
,
The West ~
the Section 18, Township 22 South,
and the North ~ of the NE~ of Section
I
117, Township 22 South, Range 28 East.
! The West ~ of the NW~ of the NW~ and the West
~027 feet of the SW~ of the NW~ of Section 16, Town-
I
~hip 22 South, Range 28 East.
I
That portion of the NW~ of the SW~ of Section 9,
~ownship 22 South, Range 28 East lying Nor~~ or
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.
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19.
20
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22
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26
1 tvurst Road ar.d the Atlantic Coastline Railroad.
2
The SEl:t (:"ess the North l:t of the N:vl:t), the SZ~
3 of the NE~ and the North 3/4 of the SE~ of the SW~,
4
5
6
7
8
9
, all in Section 8, Township 22 South, Range 28 East.
I
I The SE~ of the SE~, (less the South 400 feet of
I the East 250 feet and less the North 396 feet and
I
j less the North 75 feet of the South 771 feet of the
I
East 215 feet), of Section 7, Township 22 South,
Range 28 East.
The North ~ and the NE~ of the SE~ lying Westerly
of the Orlando-Ocoee Road and Northeasterly of the
lMaguire Road exte~sion, less: Begin at the SE corner
'of the NE~ 'of the SE~, run N 890 23' 12" W along the I
140 acre line 183.20 feet to the Northerly R/W line of j
~Maguire Road, thence from a tangent bearing of N 510 I
106' 41" W run Northwesterly along the arc of a curve !
I
Iconcave to the SW having a radius of 468.73 feet an
~rc distance of 131.30 feet to the centerline of a
bitch, thence along said centerline N 750 45' 49" E
,
343.30 feet, thence N 500 33' 19" E 93.24 feet to the
~esterlY R/W of the Seaboard Coastline Railroad,
I
bhence S 350 38' 41" E along said R/W 76.27 feet to
i
~he East line of said Section 19, thence S 00 02' 34"
r 211.45 feet to the point of beginning, all being in
,Section 19, Township 22 South, Range 28 East.
The NE~ of the NE~ of the NE~ of Section 30,
27 Qownship 22 South, Range 28 East.
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2
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8
9
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2
'3
4
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6
7
000 39' 00" E 74.36 feet along the ~'lest boundary of
I
said Section 29; then N 890 40' '10" 'E'52.41 feet for
I
the point of beginning, said1point of beg~nning being I
!
the point of intersection of the Easter~y rigpt of wa
iline of Maguire Road with the South~rly right of way
!line.of State Road No. 50; thence run N890 40' 10" E
1200.00 feet along said Southerly right of way line of
'IState Road No. 50; thence S 000 22' 34" W 175.00 feet;
I thence S 890 40' 10" W 200'.00 feet to a point on the
laforesaid Easterly right of way line of Maguire Road;
..;.hence N 000 22' 34" E 175.00 feet to the point of
Ibeginning.
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The m\~ and the SE~ of the SW~ of the SW~ of
16 !5ection 20, Township 20 South, Range 28 East.
:'7
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Lots 1 through 13 inclusive in Block 6, 'lots 10,
i
III and 12 of Block 7, and begin at the SW' corner of
I
I
lot 11, Block .5 run NOrth 500 feet, East 319 feet to
'.
lChe East boundary of said lot 11, So~th 500 feet, West
,:319 feet to the point of beginning. All according to
'I .
Ithe plat of ~own of Ocoee as recorded in Plat Book A,
~ages 100 and 101, Public records of Orange County,
:?lorida.
t The existing Right-of-way of State Road No. 5-438
from the South City L~~it of Ocoee Southeasterly to
27 r~e South Right-of-way line of State Road No. 50 at
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31
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11
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19.
20
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,
,
,
... :':ir.orville, lyi::.g vll. ~::.:.n 30 feet, :::o:.-e or less, of
2 either side of a center line s~rvey described as
3 follows: Begin at the point of intersection of the
4 center line of State ~oad ~o. S-438 with the East-
5
West Quarter Line of Section 19, !ownship 22 South,
Range 28 East, bearing ~orth 880 25' 00" East, said
6
7
8
9
point being on the center line of Geneva Street at
the Southern extremity of Bluford Avenue, City of
locoee, run thence South 250 55' 00" East 1135.12 feet
I
I to the beginning of a curve concave to the Easterly
and having a radius of 2,333.31 feet, thence along
and to the end of said curve 407.92 feet through a
central angle of 100 01' 00", thence South 350 56'
00" East 545.35 feet to the beginning of another
curve concave to the Easterly and having a radius of
I
,
16,416.57 feet, thence along and to the end of said
I curve 438.63 feet through a central angle of 30 55'
! 00", thence South 390 51' 00" East 774.67 feet to its
ipoint of intersection with the center line of State
Road No. 50, said point being on the South Line of
Section 20, Township 22 South, Range 28 East, thence
due South 75 feet to the South Right-of-Way Line of
said Road, thence from the existing Right-of-Way of
State Road No. 50 from its point of intersection
. . ...,
W~ ~..
25 the center line of State Road No. S-438 at Minorville
.
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27
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29
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IWesterlY along its center line to the Southerly ex-
I tent ion of the existing West Right-of-Way Line of a
4
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I
I
i :
I graded road runn.:. .:or'=her1y wi thin 30 f~et, f.1ore or,
I
I, less, of either si~~ of the West Line of Section 19,
Township 22 Sou~h, R~~ge 28 East from State Road
I No. 50 to the Story Road at the Southwest corner of
I
I
I the City of Ocoee; lying within 75 feet of either
I
I side of the State C~nter Line Survey described as
I follows:
Begin at the point of intersection of the
I
I I
I center line of State Road No. 50 ~ith the center 1inel
IOf State Road No. 5-438 at Minorville, said point I
. being on the South Line of Section 20, Township 22
I
South, Range 28 East, run thence due West 1152.26
feet to the beginning of a curve concave to the
Southerly and having a radius of 68,754.62 feet,
thence along and to the center of said curve 176.67
feet through a central angle of 00 17' 40" to a point
I 0.69 feet South 00 08' 50" East of the Southwest
! corner of said section, also being the Southeast
i
I corner of Section 19, Township 22 South, Range 28
East, thence along and to the end of said curve
176.66. feet, thence South 890 42' 20" West 2451. 86
feet to a point of intersection at the South Quarter
corner of said Section 19, thence South 890' 42' 35"
/west 2209.84 feet to another point of intersection,
thence South 890 15' 55" tvest 433.31 feet to a point
12.75 feet South 00 44' OS" East of the Southwest cor-
:ner of said Section 19, thence South 890 15' 55" Was.:
130 feet, more or less, to the Southerly extention of
5
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IS
19.
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t~e existing W~st Ri~~t-of-Way Line of said gradad
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4
5
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7
, road.
I The e~dsting road aights-of-~'lay from the North
. City Limit of Ocoee via tha Ocoee-Clarcona Road,
I
I
I Fullers Cross Road, tha East Crown ?oint ~oad and th~
! Ocoee-Winter Ga~den Road to the West City Limit of
~ Ocoee, lying within 30 feet. of either side of a
8 center line survey described as follows: Begin at a
I~oint on the Ocoee-C1arcona Ro~d at the North City
iLimit of Ocoee, said ,oint being the Southeast corner
of Section 7, Townshi? 22 South, Range 28 East, run
: thence North 00 24' East 2365.0 feet to the East
J
Quarter corner of said section, thence North 00 11'
:Zast 2393.6 feet to the center line of Fullers Cross
Road, said point being the Northeast corner of said
=ection, thence North 890 46' West 2562.8 feet to thei
,
I~or~~ Quarter corner of said section, thence Sou~h
1890 44' West 768.8 feet to ~'3 cente: line of State
Road No. 437, thence South 890 26' West 1124.8 feet
to the beginning of a curve concave to the Sou~~erly
'and having a radius of 300.4 feet, thence along and
Ito the end of said cu=ve 278.2 feet through a central I
I . I
!angle of 530 04', thence South 360 22' West 546.7 fee~
I~o the beginning of a Curve concave to the Easterly I
I
ar.d having a radius of 216.4 feet, thence along and t~
the end of said curve 159.9 feet through a central I
~ng1e of 40 14', thence sou~~ 320 08' West 54a.6 feet
6
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~o the beginning of a curve concave to the Easterly
I
: and havi~g a radius of 1211.5 feet, thence along and
~o the end of said curve 298.5 feet through a centrall
II'angle of 140 07', thence South ISo 01' West 254.4 !
feet to a center line intersection with ~he East I
Crown Point Road, said point being the beginning of aj
of I
curve concave to the Easterly and having a radius
i
'1492.5 feet, thence along and to the end of said
curve 532.3 feet through a central angle of 200 26',
I thence South 20 25' East 382.5 feet to the beginning
I'of a curve concave to the Westerly and having a ra-
jdius of 1840.0 feet, thence along and to the end of
: said curve 457.6 feet through a central angle of 140
15', thence South 110 50' West 908.9 feet to the be-
ginning of a curve concave to the Easterly and havingj
,a radi~s of 980.2 feet, thence along and to the end I
' .
I I
10f said curve 199.3.feet through a central angle of i
I 0
ill 39', thence South 00 11' West 425.2 feet to the
j b " ~ th 1 d
' eg~nn~ng o. a curve concave to e Easter y an
IhaVing a radius of 3715.6 feet, thence along and to
I
I the end of said curve 199.9 feet through a central
iangle of 30 05', said point being the beginning of a
/curve concave to the Westerly and having a radius of
13313.8 feet, thence along and to the end of said
icurve 199.9 feet through a central angle of 30 00',
ithence South 00 06' West 342.5 feet to the center
,
: line of the Crown Point Cross Road, thence South
7
~ ---._---~
----.---- -
- - -.-- _. -. .~
----- ----
1
2
3
4
. 5
6
7
8
9
10
11
12
13
14
15
16
17
18
19.
20
21
22
23
24
25
. 26
27
28
29
30
31
"
)
00 06~ West 1293.1 ~eet to the center line of the
Ocoee Crown Point Road, thence South 00 06' West
1835.1 feet to the center line of the Ocoee-Winter
I
Ga~den Road, thence North 890 29' East 669.9 feet to I
. I
tne!
28 I
I
I
I
I
I the I,est City Limit of Ocoee, said point being on
I West line of Section :3, Township 22 South, Range
I East; and the existing ~ight-of-Way of State Road
i No. 437 from the North City Limit of Ocoee to FUllers
i Cross Road, lying within 30 feet of either side of a
I center line survey described as follows: Begin at a
/point on State Road No. 437 at the North City Limit
I
10f Ocoee, said point being 5.8 feet East of the Southl
I Quarter corner of Section 7, Township 22 South, Range
128 East, run thence North 00 02' East 1228.6 feet,
[thence North 10 02' East 1219.4 feet to the beginning
of a curve concave to the Westerly and having a ra-
i
!dius of 656.1 feet, 'thence along and to the end of
I
Isaid curve 198.5 feet through a central angle of 170
I
/20', thence North 160 18' West 2046.3 feet to the
!beginn~ng of a curve concave to the Easterly and hav-
ling a radius of 1051.4 feet, thence along and to the
,
lend of said curve 199.4 feet through a central angle
of 100 52', thence North 50 26' West 454.1 feet to
;the center line of Fullers Cross Road.
I The existing Rights-of Way of Wofford Road and
!Story Road (Geneva Street) from State Road No. 50 to
/State Road No. S-438, lying within 30 feet of either
I
8
"
.
10
11
12
13
\
1 side of a c~nter line s~rvey described as foliows:
2 Eegin at a poin~ on the center line of State Road
3 No. 50, said poi~t being 2.75 feet South 00 09' 36"
4
::::::ast of the Southwest corner ot Section 19, Township
I
i
22 South, Range 28 East, run thence North 00 13' Eastl
I
5
6
7
2643.3 feet along the West line of said section to a
8
9
Joint on the center line of Story Road, said point
lbeing the West Quarter corner of said section, thence
~orth 880 23' East 3948.0 feet to a point on the
center line of ~arshall Farms Road, said point bein~
I the ~ortheast corner of the Northwest Quarter of the
I Southeast Quarter of said section, thence North 880
125' East 855.7 feet to the center line of State Road
14 iNo. 438; and,
15
16
17
18
19.
20
21
22
23
24
25
. 26
27
28
29
30
") ,
oJ...
The existing Right-of-Way of Marshall Farms Road
(from Story Road to State Road No. 50, lying within i
130 feet of either si~e of a center line survey des- I
cribed as follows: Begin at point on the center line I
lof Story Road, said point being the Northeast corner
I
of the Northwest Quarter of the Southeast Quarter of
ISection 19, Township 22 South, Range 23 East, run
I
Ithence South 00 32' East 572.9 feet to the center
'of the Maguire Road Cutoff, thence South 00 321 East
I
I
linei
I
I
250 feet to the beginning of a curve concave to the
I
~Testerly and having a radius of 192.45 feet, thence
I
~long said curve 71.10 feet through a central angle
I
I
~20 35' to the center line of Maguire Road Proper,
I
I
\
I
I
\
I
9
1
2
3
4
. 5
6
7
8
9
~10
11
12
13
14
15
16
17
IS
19.
20
21
22
23
2~
25
. 26
27
28
29
30
31
I
i
thence along a:ld ~o the Elld of said curve 71.93 fee~,!
thence South 420 03' West 1772.4 feet to the begin-
r ning of a cu=ve concave t~ the Easterly and having a
I ,
I
I radius of 325.35 feet t~e:lce along and to ~he end of
i
I said curve 238.68 feet throu'gh a central angle of
I 420 02', ~hence South 00 01' West 255.1 feet to the
I center line of State Road No. 50, said point being
,
I
I
i
I
I within 30 feet of either side of a center line
the South Quarter corner of said Section 19; and,
described as follows:
I
I
I
I
I
I
survey:
i
I
centerl
I
~
The existing Right-of-Way of Maguire Road Proper
from Marshall Farms Road to State Road No. 50, lying
Begin at a point on the
I line of Marshall ?arms Road, said point being 894
I
feet Southeasterly from the Northeast corner of the
i
I
!
I
Northwest Quarter of the Southeast Quarter of Section I
I .
I
j 19, Township 22 South, Range 28 East, run thence
: South 670 28' East 339.1 feet to the center line of
I
,
:Maguire Road Cutoff, thence South 670 28' East 750.5
lb' .
ifeet to the eg~nn~ng of a curve concave to the West-
I
!er1y and having a radius of 501.89 feet, thence along
I
land to the end of said curve 538.50 feet through a
icentral angle of 670 II', thence South 00 17' East
I
I
958.96 feet to the center line of State Road No. 50,
said point being 0.69 feet South of the Southeast
,corner of said Section 19; and,
f:orn ~arshall Farm~ Road to Maguire Road P=oper,
I
I
I
I
I
lyi:lg
The existing Right-of-Way of Maguire Road Cutoff
10
. .
1
2
3
4
5
. 6
7
8
9
10
11
12
13
14
15
16
17
18'
19,
20
21
22 ,
23
24
25
. 26
27
2a
29
30
31
,
,
I within 30 feet of either side of a center line survey
I described as follows: 3egin at a point on the center
i line of Marshall Farms Road, 572.9 feet South 00 32'
I
,East of the Northeast corner of the Nort~west Quarter
of the Southeast Quarter of Section 19, Township 22
South, Range 28 East, said point being the beginning
!of a curve concave to. the. Easterly and having a ra-
idiUS.Of 491.64 feet, run thence al?ng and to the end
lof said curve 574.34 fee~ through a central angle of
1660 34' to the center line of Maguire Road 'Proper;
and,
The West Half of the existing Right-of-Way of
'~issirnmee Avenue from Story Road (Geneva Street) to
! :wIcKey Street, lying within 30 feet 'West of a center '.,.
I line survey described as follows: Begin at a point
,on the centar line of Story Road, s~id point being
Ithe Northeast corner of the Northwest Quarter of ~he
I
:Southeast Quart~r of Section 19, Township 22 South,
Range 28 East, run thence North 00 15' West 1793.1
::eet, thence North ~o 00' West 726.6 feet, thence
I~orth 10 28' West 679.4 feet, thence North 60 51'
East 156.0 feet, thence North 428.0 feet to tne centerl
"line of McKey Street, City of Ocoee.
I B.-The inclusion, within the legal description in
;subsection A of this section, of any of the following
I
loarcels of land, previously excluded either by Court
I-
vrder or by voluntary withdrawal pursuant to S1916,
. ..
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BXHIBIT "B"
OI'I'ICIAL BALLOT
CITY 01' OCOBB, I'LORIDA
REI'BRElIDtJX BLBCTION
NOVEMBBR 8, 1988
TO VOTB:
~ Fill in the square to the right of your choice.
NO.1
CITY CHARTBR AHBIIDKBlfT:
PROPOSING A REVISBD AND UPDATBD
CITY CHARTBR
Should the Ocoee City Charter be amended, as proposed in
Ordinance No. 88-27, amending the entire City Charter except
for boundaries, but continuing a strong city manager form of
government; giving the mayor full powers as city commissioner;
updating and modernizing the Charter; establishing a personnel
board; electing the mayor and two commissioners in even-
numbered years and electing two commissioners in odd-numbered
years; enhancing public notice requirements of commission
actions?
YES for Approval
LJ
NO for Rejection
LJ
.
COTMV1/D0210h(10)
(01-4894) 09/02/88