HomeMy WebLinkAboutItem #13 Ordinance Regarding Referendum Charter Changes
AGENDA ITEM COVER SHEET
Meeting Date: December 1, 2009
Item # .\3
Reviewed By: ~
Contact Name: Beth Eikenberry Department Director:.
Contact Number: X1022 City Manager: ------=====----
Subject: Second Reading of Ordinance regarding Referendum Election on Changes to the City
Charter to take place at the Municipal Election on March 9, 2010.
Background Summary:
Section C68 of the City Charter states: 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 purposes.
Issue:
Should the Mayor and City Commission pass the Ordinance approving the ballot language for the
referendum election on March 9, 2010 relating to changes to the Ocoee City Charter?
Recommendations
Staff respectfully recommends Mayor and City Commission pass the Ordinance approving the ballot
language for the referendum election on March 9, 2010 relating to changes to the Ocoee City
Charter.
Attachments:
Ordinance
Redlined City Charter with Proposed Amendments
Financial Impact:
None
Type of Item: (please mark with an "x'?
_ Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Dept Use:
Consent Agenda
_ Public Hearing
_ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
PROPOSING CERTAIN AMENDMENTS TO THE CHARTER
OF THE CITY OF OCOEE; PROVIDING FOR AN
AMENDMENT TO THE CHARTER ALLOWING CENSURE
OF MEMBERS BY THE CITY COMMISSION; PROVIDING
FOR AN AMENDMENT TO THE CHARTER WITH
RESPECT TO INITIATIVE AND REFERENDUM
ORDINANCES; PROVIDING FOR AN AMENDMENT TO
THE CHARTER REGARDING TERMINATION OF THE
CITY MANAGER; PROVIDING FOR AN AMENDMENT TO
THE CHARTER REGARDING THE CANVASSING BOARD
AND THE CONDUCT OF ELECTIONS; PROVIDING FOR
AN AMENDMENT TO THE CHARTER REGARDING THE
CHARTER REVIEW COMMISSION SENDING
AMENDMENTS DIRECTLY TO THE VOTERS;
PROVIDING FOR AN AMENDMENT TO THE CHARTER
REGARDING THE EFFECT OF REDISTRICTING ON
INCUMBENT MEMBERS OF THE CITY COMMISSION;
PROVIDING FOR AN AMENDMENT TO THE CHARTER
REGARDING THE FILLING OF VACANCIES ON THE CITY
COMMISSION; PROVIDING FOR AN AMENDMENT TO
THE CHARTER ADDRESSING SCRIVENERS ERRORS,
PREAMBLES, RECLAIMED WATER, NOTICING OF
SPECIAL MEETINGS, THE DEPUTY CITY CLERK AND
ADOPTION OF THE BUDGET; PROVIDING FOR A
REFERENDUM FOR APPROVAL OR REJECTION OF THE
PROPOSED AMENDMENTS BY THE ELECTORS OF THE
CITY OF OCOEE; PROVIDING FOR AND AUTHORIZING
FURTHER ACTS TO IMPLEMENT TillS ORDINANCE;
PROVIDING FOR SEVERABILITY AND CONFLICTS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to the provisions of Article X of the Charter of the City of
Ocoee, Florida (the "Charter"), the City Commission of the City of Ocoee (the "City
Commission") appointed a Charter Review Commission to review the Charter and make
recommendations to the City Commission regarding proposed changes thereto; and
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WHEREAS, the Charter Review Commission_held. multiple_public meetings._and_
advertised public meetings to discuss the Charter and proposed changes thereto and to receive
public input with respect to proposed changes to the Charter; and
WHEREAS, pursuant to the provisions of the Section C-61 of the Charter, the
Charter Review Commission prepared and presented to the City Commission on December 2,
2008 a report setting forth certain recommended amendments and revisions to the Charter (the
"Report"); and
WHEREAS, on July 27, 2009 the City Commission and the Charter Review
Commission held a joint meeting to discuss the Report, at which time the City Commission
referred the Report back to the Charter Review Commission for further review; and
WHEREAS, on August 26, 2009 the Charter Review Commission adopted a
revised report setting forth certain recommended amendments and revisions to the Charter (the
"Revised Report"); and
WHEREAS, the Revised Report was considered by the City Commission at a
meeting held on October 20, 2009; and
WHEREAS, after due consideration of the Revised Report, the City Commission
accepted certain recommendations of the Charter Review Commission as set forth in the Revised
Report and rejected certain recommendations of the Charter Review Commission as set forth in
the Revised Report; and
WHEREAS, at the City Commission meeting of October 20, 2009, the City
Commission directed that the proposed amendments to the Charter which were accepted by the
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City Commission be scheduled for consideration by the electors of the City of Ocoee at the time
of the March, 2010 general municipal election; 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
amendment 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
WHEREAS, the City Commission finds that it is in the best interest of the City of
Ocoee to submit certain proposed amendments to the Charter to the electors of the City at the
next general municipal election to be held in March, 2010, all in accordance with Section ] 66,031,
Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority, The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIll of the Constitution of the State of
Florida, Chapter 166, Florida Statutes, and Articles VII and X of the Charter.
(a) Text of Proposed Amendment. The City Commission of the City of
Ocoee, Florida, pursuant to Section 166.031, Florida Statutes, hereby proposes an amendment to
the Charter of the City of Ocoee as set forth in Exhibit "A-I" attached hereto and by this
reference made a part hereof.
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(b) Ballot Question. The ballot title and wording and the substance of said
proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the
ballot in the form as set forth in Exhibit" A-2" attached hereto and by this reference made a part
hereof.
(c) Effective Date of Proposed Amendment. The proposed amendment set
forth in Subsection (a) above shall take effect on June 1, 2010, but only if approved by a majority
of those qualified City of Ocoee electors voting on the proposed amendment at the general
municipal election in March, 2010,
SECTION 3. Proposed Amendment to Charter: Initiative and Referendum.
(a) Text of Proposed Amendment. The City Commission of the City of
Ocoee, Florida, pursuant to Section 166,031, Florida Statutes, hereby proposes an amendment to
the Charter of the City of Ocoee as set forth in Exhibit "B-1" attached hereto and by this
reference made a part hereof.
(b) Ballot Question. The ballot title and wording and the substance of said
proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the
ballot in the form as set forth in Exhibit "B-2" attached hereto and by this reference made a part
hereof.
(c) Effective Date of Proposed Amendment. The proposed amendment set
forth in Subsection (a) above shall take effect on June 1,2010, but only if approved by a majority
of those qualified City of Ocoee electors voting on the proposed amendment at the general
municipal election in March, 2010.
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SECTION 4. Proposed Amendment to Charter: Termination of City
Manaeer.
(a) Text of Proposed Amendment, The City Commission of the City of
Ocoee, Florida, pursuant to Section 166,031, Florida Statutes, hereby proposes an amendment to
the Charter of the City of Ocoee as set forth in Exhibit "C-l" attached hereto and by this
reference made a part hereof.
(b) Ballot Ouestion. The ballot title and wording and the substance of said
proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the
ballot in the form as set forth in Exhibit "C-2" attached hereto and by this reference made a part
hereof.
(c) Effective Date of Proposed Amendment. The proposed amendment set
forth in Subsection (a) above shall take effect on June 1, 2010, but only if approved by a majority
of those qualified City of Ocoee electors voting on the proposed amendment at the general
municipal election in March, 2010.
SECTION 5. Proposed Amendment to Charter: Canvassine Board and
Cond uct of Elections.
(a) Text of Proposed Amendment. The City Commission of the City of
Ocoee, Florida, pursuant to Section 166,031, Florida Statutes, hereby proposes an amendment to
the Charter of the City of Ocoee as set forth in Exhibit "D-l" attached hereto and by this
reference made a part hereof.
(b) Ballot Ouestion, The ballot title and wording and the substance of said
proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the
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ballot in the form as set forth in Exhibit "D-2" attached hereto and by this reference made a par:t_
hereof.
(c) Effective Date of Proposed Amendment. The proposed amendment set
forth in Subsection (a) above shall take effect on June 1, 2010, but only if approved by a majority
of those qualified City of Ocoee electors voting on the proposed amendment at the general
municipal election in March, 2010.
SECTION 6. Proposed Amendment to Charter:
Charter Review
Commission.
(a) Text of Proposed Amendment. The City Commission of the City of
Ocoee, Florida, pursuant to Section 166.031, Florida Statutes, hereby proposes an amendment to
the Charter of the City of Ocoee as set forth in Exhibit "E-l" attached hereto and by this
reference made a part hereof.
(b) Ballot Question, The ballot title and wording and the substance of said
proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the
ballot in the form as set forth in Exhibit "E-2" attached hereto and by this reference made a part
hereof.
(c) Effective Date of Proposed Amendment. The proposed amendment set
forth in Subsection (a) above shall take effect on June 1,2010, but only if approved by a majority
of those qualified City of Ocoee electors voting on the proposed amendment at the general
municipal election in March, 2010,
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SECTION 7. Proposed Amendment to Charter:
District Residencv
Requirements.
(a) Text of Proposed Amendment. The City Commission of the City of
Ocoee, Florida, pursuant to Section 166.031, Florida Statutes, hereby proposes an amendment to
the Charter of the City of Ocoee as set forth in Exhibit "F-l" attached hereto and by this
reference made a part hereof.
(b) Ballot Question. The ballot title and wording and the substance of said
proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the
ballot in the form as set forth in Exhibit "F-2" attached hereto and by this reference made a part
hereof.
(c) Effective Date of Proposed Amendment. The proposed amendment set
forth in Subsection (a) above shall take effect on June 1,2010, but only if approved by a majority
of those qualified City of Ocoee electors voting on the proposed amendment at the general
municipal election in March, 20 I O.
SECTION 8. Proposed Amendment to Charter: Filling Vacancies on the
City Commission.
(a) Text of Proposed Amendment. The City Commission of the City of
Ocoee, Florida, pursuant to Section 166.031, Florida Statutes, hereby proposes an amendment to
the Charter of the City of Ocoee as set forth in Exhibit "G-l" attached hereto and by this
reference made a part hereof.
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(b) Ballot Ouestion, The ballot title and wording and the substance of said
proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the
ballot in the form as set forth in Exhibit "G-2" attached hereto and by this reference made a part
hereof.
(c) Effective Date of Proposed Amendment. The proposed amendment set
forth in Subsection (a) above shall take effect on June 1, 2010, but only if approved by a majority
of those qualified City of Ocoee electors voting on the proposed amendment at the general
municipal election in March, 2010.
SECTION 9. Proposed Amendment to Charter:
Scriveners Errors:
Preamble.: Reclaimed Water: Noticin2: of Commission Special Meetings: Deputy City
Clerk: Adoption of Bud~et.
(a) Text of Proposed Amendment, The City Commission of the City of
Ocoee, Florida, pursuant to Section 166,031, Florida Statutes, hereby proposes an amendment to
the Charter of the City of Ocoee as set forth in Exhibit "H-l" attached hereto and by this
reference made a part hereof.
(b) Ballot Ouestion. The ballot title and wording and the substance of said
proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the
ballot in the form as set forth in Exhibit "H-2" attached hereto and by this reference made a part
hereof.
(c) Effective Date of Proposed Amendment. The proposed amendment set
forth in Subsection (a) above shall take effect on June 1, 2010, but only if approved by a majority
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of those qualified City of Ocoee electors voting on the proposed amendment at the general
municipal election in March, 2010.
SECTION 10.
Submission to Electorate. The proposed amendments to
the Charter, as contained in Sections 2 through 9, inclusive, of 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 in
March, 20]0. 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 11.
Authorization for Further Acts. The City Manager and
the City Attorney of the City of Ocoee are authorized and directed:
(i) To make further modification and changes to the ballot wording set forth in
this Ordinance as may be necessary or desirable under the constitution and
laws of the State of Florida, so long as such changes and modifications do
not alter the substance of this Ordinance, subject to confirmation of the
City Commission; and
(ii) To otherwise take all actions necessary or desirable to cause the proposed
amendments to the Charter as set forth in this Ordinance to be subject to
referendum at the general municipal election to be held in March, 20] 0,
SECTION 12.
Severabilitv. 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 13.
Conflictine Ordinances, All ordinances and Charter
provisions or parts of ordinances and Charter provisions in conflict with any amendment to the
Charter set forth in this Ordinance are hereby repealed, but only if such amendment is approved
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by a majority of those qualified City of Ocoee electors voting on the proPQsed a_mend~ent at the
general municipal election in March, 2010.
SECTION 14.
Effective Date, This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2009.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this _ day of
2009.
ADVERTISED ,2009
READ FIRST TIME November 17,2009
READ SECOND TIME AND ADOPTED
,2009
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
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EXHIBIT" A-I"
TO ORDINANCE NO. 2009-
(a) Text of Proposed Amendment. Section C-I0 of Article III of the Charter of the City of
Ocoee is amended to read as follows:
~ C-IO. Judge 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 censure. 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. Decisions 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.
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EXHIBIT "A-2"
TO ORDINANCE NO. 2009-
(b) Ballot Question:
BALLOT QUESTION #1
CHARTER AMENDMENT PERMITTING THE CITY COMMISSION TO CENSURE
ITS MEMBERS.
Shall the above-described amendment be adopted?
Yes
No
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EXHIBIT "B-1 "
TO ORDINANCE NO, 2009-
(a) Text of Proposed Amendment. Section C-19 of Article III of the Charter of the City of
Ocoee is amended to read as follows:
~ C-19, Initiative and referendum.
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J. L.
Initiative and referendum generally.
(1) Initiative. The qualified electors of the city shall have the po\ycr to propose
ordinances to the City Commission, and if the City Commission fails to
adopt an ordinance so proposed ',vithout any change in substance, such
electors shall have the pO'Ner to adopt or reject it at a city election,
provided that such po',ver shall not extend to the budget or capital program
or any ordinance relating to appropriation of money, levy of taKes or
salaries of city officers or employees.
(2) Referendum. The qualified electors of the city shall have the pov,'er 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 appropriation of
money, levy ofta,ces or salaries of city officers or employees.
B. Commencement of proceedings. .^.ny five (5) qualified electors may commence
initiati','e or referendum proceedings by filing "lith the City Clerk an affidavit
stating that they ,;vil\ 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 reconsidered.
C. Petitions. Each initiative or referendum petition filed with the Cit), Clerk shall
comply with the f-allowing requirements, and any failure to comply with anyone
(1) or more of the following requirements shall render the petition insufficient:
(1)
Number of signatures, Initiative and referendum 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 ','ote at the last
regular city election.
(2)
Form and content. ,\11 papers of a petition shall be uniform in size and style
and shall be assembled as one (1) 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
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ordinance proposed or sought to __be_ reQonsidered. j>etitions shall also
contain a statement above_each~ignature that the ~i.~ner had an opportunity
to read the ordinance before signing.
(3)
Affidavit of circulator. Each paper of a petition shall have attached toj!
when filed an affidavit executed -b)' the circulator thereof stating the
address and fully printed name of the circulator, that the circulator
personally circulated the paper, the number of signatures thereon, that all
the signatures \-'lere affixed in the circulator's presence, that the circulator
believes them to be the genuine signatures of the persons whose names
they purport to be and that each signer had an opportunity bef?~i~g__
to read the full text of the ordinance proposed or sought to be
reconsidered.
0, Procedure for filing, [Amended 1 5 1999 by Ord. No. 99 Q72-l
2- Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by
referendum:3 9 1999. Said ordinance also provided for an effective date of 6 1 1999.
(2)
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(1)
Certificate of City Clerk; amendment. Within thirty (30) days after an
initiative petition or referendum petition is filed, the City Clerk shall
complete a certificate as to its sufficiency, specifying if it is insufficient the
particulars \vherein it is defective, and shall send a copy of the certificate to
the petitioners' committee by certified mail. Grounds for insufficiency are
only those specified in Subsection C hereinabove, f~ petition certified
insufficient may be amended once, provided that the text of the petition is
not substantially changed in any 'Nay and the petitioners' committee files a
notice of intention to Elmend it with the City Clerk '.vithin se'len (7) days
after receiving a copy of the certificate and files a supplementary petition
upon additional papers '.vithin ten (10) days after recei'/ing the copy of such
certificate. Such supplemental)' petition shall comply with the requirements
of Subsection C 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 certificate to the
petitioners' committee by certified 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 Cit); Commission revie',v
under Subsection 0(3) 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,
Assistance to the City Clerk, The City Clerk may, 'Nithin his sole discretion,
seek the assistance of the Super'/isor of Elections for Orange County,
Florida, in performing the City Clerk's duties hereunder. In such e'/ent, the
City Clerk shall remain responsible for certif)'ing the sufficiency of all
petitions, including amended petitions.
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(3) 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 revie...ved by the City Commission, The City Commission shall revie..."
the certificate at its next meeting follo'.ving the filing of such request and
approve or disapprove it. The City Commission's determination shall be a
final determination as to the sufficiency of the petition.
E. Referendum petitions; suspension of effects of ordinance.
(1) 'Hhen 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 'Nithdrm.\'s the petition;
(c) The City Commission repeals the ordinance; or
(d) A vote on the ordinance by the electors of the city has been
certified,
(2) The filing of a referendum petItIon shall not affect the validity of or
enforcement of the ordinance sought to be reconsidered if such ordinance
is effective on the date of filing such referendum petition.
F. :\ction on petitions.
(1)
,^.ction by City Commission. When an initiative or referendum petition has
been finally determined sufficient, the City Commission shall promptly
consider the proposed initiative ordinance in the manner provided in ,^J1:icle
III or reconsider the referred ordinance by ','oting on its repeal. If the City
Commission fails to adopt a proposed initiative ordinance without any
change in substance within f-orty five (15) days or fails to repeal the
referred ordinance within forty fi','e (15) days, it shall submit the proposed
or referred ordinance to the electors of the city.
(2)
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 \vithin the
periods described in this subsection, the City Commission shall provide for
a special election to be held v"ithin the above described period, Copies of
the proposed or referred ordinance shall be made available at the polls and
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at City Hall.
(3) Withdrawal of petitions. .\n initiative or referendum petItIon may be
withdra....,'n at any time prior to the 15th day preceding the date on which
the proposed or referred ordinance is to be submitted to the electors of the
city by filing \-yith the City Clerk a properly notarized request for
withdra'Nal signed by at least f-our (1) members of the petitioners'
committee, Upon the filing of such request, the petition shall haye no
further force or effect, and all proceedings thereon shall be terminated.
G. Results of election,
(1) 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 Commission. If
conflicting ordinances are approved at the same election, the one receiving
the greatest number of affrrmatiye votes shall prevail to the extent of such
conflict.
(2) Referendum, If a majority of the qualified electors yoting on a referred ordinance
vote against it, it shall be considered repealed upon certification of the
election results,
H. Repeal of ordinances adopted by electoral yotes. No ordinance adopted by an
electoral vote shall be repealed 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 is published not
more than sixty (60) days nor less than thirty (30) days prior to such election,
A. Initiative Ordinance. Anv orooosed ordinance mav be submitted to the Citv
Commission bv a oetition si01ed bv ten (10%) of the total number of aualified
reg:istered voters of the Citv of Ocoee. Within six (6) weeks after filing: of such
oetition. the Citv Commission mav oass said ordinance. or shall call a soecial
election to be held within ninety (90) days. at which the adootion or reiection of
such ordinance shall be submitted to the aualified voters of the City. If a maioritv
of the aualified voters voting: on the orooosed ordinance shall vote in favor thereof.
then the ordinance shall thereuoon become a valid ordinance of the City. Anv
number of orooosed ordinances may be voted uoon at the same election according:
to the orovisions of this section.
B. Referendum Ordinance. Exceot for emerg:encv ordinances. every ordinance shall
take effect ten (10) days after its oassag:e. unless a long:er time be named therein or
unless otherwise orovided bv law. If orior to the taking: effect of any ordinance. a
oetition sig:ned bv ten (10%) of the total number of aualified reg:istered voters of
the City of Ocoee shall be filed with the City Commission orotesting: ag:ainst the
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enactment of such ordinance. then such ordinance shall be susoended from takinf!
effect. Thereuoon. unless the City Commission shall. within six (6) weeks after the
filinf! of such oetition, reconsider or reoeal such ordinance. the same shall be
submitted to an election to be held as movided in oaraf!raoh A above, and such
ordinance shall not be ooerative if a maioritv of the votes cast be in oooosition
thereto. The susoension of the effective date of such ordinance shall be lifted uoon
the certification of the results of anv such election.
C.
City Commission. The City Commission may on its own motion submit to the
oooular vote for the adootion or reiection of anv orooosed ordinance. If a maioritv
of the qualified voters votinf! on the nrooosed ordinance shall vote in favor thereof.
then the ordinance shall thereuoon become a yalid ordinance of the City. Anv
number of monosed ordinances may be voted uoon at the same election accordinf!
to the nrovisions of this section.
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EXHIBIT "B-2"
TO ORDINANCE NO. 2009-
(b) Ballot Question:
BALLOT QUESTION #2
CHARTER AMENDMENT ADOPTING NEW PROCEDURES FOR THE VOTERS
TO INITIATE THE ADOPTION AND REPEAL OF ORDINANCES BY !NITIA TIVE
AND REFERENDUM AND FOR THE CITY COMMISSION TO SUBMIT
ORDINANCES TO THE VOTERS FOR APPROVAL.
Shall the above-described amendment be adopted?
Yes
No
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EXHIBIT "C-l"
TO ORDINANCE NO. 2009-
(a) Text of Proposed Amendment. Section C-22 of Article IV of the Charter of the City of
Ocoee is amended to read as follows:
~ C-22. Termination. [Amended 1-5-1999 by Ord. No. 99-074]
4 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by
referendum 3-9-1999. Said ordinance also provided for an effective date of6-1-1999.
The City Commission may terminate the employment of the City Manager in accordance
with the follo,t'ling procedures:
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^
.i. t..
The City Commission shall adopt by affirmative ':ote of a majorIty of all its
members a preliminary resolution stating its intention to terminate the employment
of the City Manager and such preliminary resolution may also suspend the City
Manager from duty for a period not to exceed forty five (15) days. ;\ copy of the
resolution shall be delivered promptly to the City Manager.
B.
Within fi':e (5) days after a copy of the resolution is delivered to the City Manager,
the City Manager may file '.vith the City Commission a .vritten reply and/or a
written request for a public hearing, If requested, this hearing shall be held at a
regular or special 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 terminating the employment of the City Manager, \vhich
may be made effective immediately upon adoption. Such resolution may be
adopted at any time after five (5) days from the date a copy of the preliminal)'
resolution '.vas 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 that the City
Commission fails to terminate the City Manager in the manner pro':ided hereunder
\vithin forty five (15) days from the date of adoption of the preliminary resolution,
then the City Manager shall automatically be reinstated if the preliminary resolution
suspended the City Manager and the preliminal)' resolution shall thereafter no
longer be of any force or effect.
D.
The City Manager shall continue to receive a salal)' during the period of
suspension and, if terminated, shall receive a salary until the effective date of a final
resolution of termination. The action of the City Commission in suspending or
terminating the City Manager shall not be subject to revie'.': by any court or
agency, ;\ nonrene'Nal of the City Manager's employment agreement '.vith the city
shall not constitute a termination hereunder requiring compliance '.vith the
provisions of this section in order to terminate employment.
-19-
ORLA_1464086.1
E. The procedures set forth herein shall also be applicable to a termination of an
employment agreement '.vith the City Manager; provided, ho',vever, that if such
employment agreement requires that a termination be for cause, then the
preliminary and final resolutions shall set forth the cause for termination,
If the City Mana!!er declines to resi!!n at the reQuest of the City Commission. the
City Commission may susnend the City Mana!!er bv resolution anDroved bv a maioritv of
the total membershin of the City Commission. A conv of such resolution shall be served
immediately unon the City Mana!!er. The City Mana!!er shall have fifteen (15) days in
which to renlv thereto in writin!!. and unon reQuest. shall be afforded a nublic hearin!!.
which shall occur no earlier than fifteen (15) days nor later than thirty (30) days after such
hearin!! is reQuested. After the nublic hearin!!. if one is reQuested. and after full
consideration, the City Commission may. bv a maiority vote of its total membershin. adont
a final resolution terminatin!! the City Mana!!er. The City Mana!!er shall continue to
receive full salarv until the effective date of such resolution, A nonrenewal of the City
Mana!!er's emnlovment a!!reement with the city shall not constitute a termination
hereunder reQuirin!! comnliance with the nrovisions of this section in order to terminate
emnlovment. The Drocedures set forth herein shall also be annlicable to a termination of
an emnlovment a!!reement with the City Mana!!er: nrovided. however. that if such
emnlovment a!!reement reQuires that a termination be for cause. then the resolutions
discussed above shall snecificallv set forth the cause for termination.
-20-
EXHIBIT "C-2"
TO ORDINANCE NO. 2009-
(b) Ballot Question:
BALLOT QUESTION #3
CHARTER AMENDMENT CHANGING THE PROCEDURES BY WHICH THE CITY
COMMISSION MAY SUSPEND AND TERMINATE THE CITY MANAGER,
Shall the above-described amendment be adopted?
Yes
No
ORLA_1464086.1
-21-
EXHIBIT "D-l"
TO ORDINANCE NO. 2009-
(a)
Text of Proposed Amendment. Section C-49 and C-50 of Article VII of the Charter of
the City of Ocoee is amended to read as follows:
~ C-49. Conduct of elections.
The City Commission shall designate the places of polling for all city elections and shall
give notice of all city elections in accordance with the laws of Florida. +fie Exceot as otherwise
set forth herein. the City Commission shall by ordinance provide for the printing of ballots, the
conduct of elections, including absentee procedures,--afl6. the canvass of returns-;-. and all similar
election details. Such ordinance shall, to the extent possible, ensure the secrecy of the ballot and
the integrity of the poll.
~ C-50. 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 election, one (1) 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 Canvassing Board, which will consist
of the Mayor and the tv/o (2) City Commissioners 'Nho Vlere not up for election, such meeting to
be held at 12:00 noon following the day ofthe election or as soon thereafter as is practicable. i^.t
such time, the three (3) citizens aODointed bv the City Commission, The Canvassing Board shall
canvass the returns and shall declare the results of the canvass as the results of the election-;- in a
manner orovided bv city ordinance or as otherwise reauired by law. A majority of the Canvassing
Board shall constitute a quorum thereof. Notwithstandin2. the fo re 2.0 in 2.. with the a2.reement of
the Oran2.e County Canyassin2. Board and Oran2.e County Suoervisor of Elections. the City
Commission may. by ordinance. assi2.n and abdicate the canyassin2. resoonsibilities of the City
Canyassin2. Board to the Oran2.e County Canvassin2. Board. In such event. the Oran2.e County
Canyassin2. Board shall canvass the returns and shall declare the results of the canvass as the
results of the election in a manner orovided by city ordinance or as otherwise required by law.
ORLA_1464086.1
-22-
EXHIBIT "D-2"
TO ORDINANCE NO. 2009-
(b) Ballot Question:
BALLOT QUESTION #4
CHARTER AMENDMENT REMOVING MEMBERS OF THE CITY COMMISSION
FROM THE CANVASSING BOARD, UPDATING AND CHANGING THE
PROCEDURES FOR THE CONDUCT AND CANVASSING OF CITY ELECTIONS
TO COMPLY WITH STATE LAW AND ALLOWING THE ORANGE COUNTY
CANVASSING BOARD TO CANVASS CITY ELECTIONS.
Shall the above-described amendment be adopted?
Yes
No
ORLA_1464086.1
-23-
EXHIBIT "E-l"
TO ORDINANCE NO. 2009-
(a) Text of Proposed Amendment. Section C-59, C-60, C-6l and C-62 of Article X of the
Charter of the City ofOcoee is ameIlded to_read as follows:
~ C-59. 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 a majority vote of the City Commission and who shall
serve on such Commission for terms of one (I) year unless such terms are extended by the City
Commission. The Mavor shall also annoint two (2) alternate members. subiect to the anDroval of
the Citv Commission. who mav fill in for anv member absent from a Charter Review Commission
meeting:.
~ C-60. Removal; vacancies.
A. Removal. Any member of the Charter Review Commission may be removed by the
City Commission in accordance with the following procedures:
(I) 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 affIrmative vote of a majority of all its
members a final resolution of removal, which may be made effective
immediately. Such resolution, if adopted, must be adopted no earlier than
six (6) days and no later than thirty (30) days from the date a copy of the
preliminary resolution was delivered to the member sought to be removed,
if such member has not requested a public hearing. If such member has
requested a hearing, such 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.
ORLA_1464086.1
-24-
~ C-61. Powers and duties.
The Charter Reviev. Commission shall serve as an advisory body to the City Commission
'.'lith respect to the Charter. The Charter Review Commission shall revievl 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.
The Charter Review Commission shall be emoowered to conduct a comorehensive study
of anv or all ohases of city !!ovemment. A Charter Review Commission may. durin!! its term.
olace orooosed amendments and revisions of the Charter on the ballot at !!eneral municioal
elections onlv. orovided a reoort of the orooosed chan!!es has been delivered to the City Clerk at
least ninety (90) days orior to the election. or as otherwise may be reauired by law, Such
amendments or revisions do not reauire the aooroval of the City Commission,
~ C (i2. Recommendati9ns t9 the City Commissi9n.
The above mentioned report shall be submitted to the City Commission in accordance
'.'lith such deadlines as may be established by the City Commission or as may otherwise be
required by lavl, Within t'NO (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 Reviev.' Commission f-or further study and consideration, .^J1Y
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 ;eneral municipal
election or at a special election called by the City Commission for such purposes.
S C-62. rRenealedl
ORLA_1464086.1
-25-
EXHIBIT "E-2"
TO ORDINANCE NO. 2009-
(b) Ballot Question:
BALLOT QUESTION #5
CHARTER AMENDMENT ALLOWING THE CHARTER REVIEW COMMISSION
TO SEND CHARTER AMENDMENTS DIRECTLY TO THE VOTERS WITHOUT
CITY COMMISSION APPROVAL AND ADDING TWO AL TERNA TE MEMBERS
TO THE CHARTER REVIEW COMMISSION.
Shall the above-described amendment be adopted?
Yes
No
ORLA_1464086.1
-26-
EXHIBIT "F-l"
TO ORDINANCE NO. 2009-
(a) Text of Proposed Amendment, Section C-69 of Article XI of the Charter of the City of
Ocoee is amended to read as follows:
~ C-69. District residency requirements.
Effective upon the adoption of the initial geographic boundaries of the single-member
districts by the City Commission, the City Commissioners shall be required to comply with the
following residency requirements:
ORLA_1464086.1
A.
The Commissioners to be elected in November 1992 must be bona fide residents of
their respective districts as of the date of qualifYing to run for office in order to
qualify for and hold office as a Commissioner for their respective districts.
Thereafter the City Commissioners representing said districts and elected to said
seats must be bona fide residents of their respective districts in order to qualify for
and to hold the office of Commissioner as required under 9 C-ll of Article III of
this Charter.
B.
The Commissioners to be elected at the next general municipal election following
the November 1992 election must be bona fide residents of their respective
districts as of the date of qualifYing to run for office in order to qualify for and
hold office as a Commissioner for their respective districts. Thereafter the City
Commissioners representing said districts and elected to said seats must be bona
fide residents of their respective districts in order to qualify for and to hold the
office of Commissioner as required under 9 C-ll of Article III of this Charter.
C.
Notwithstandinl! anv orovision contained herein to the contrary. anv member of
the Citv Commission who ceases to be a bona fide resident of the district which
such member reoresents as a result of redistrictinl! or a chanl!e in district
boundaries bv the City Commission shall continue to hold office for the duration of
such members' term and shall continue to reoresent such district.
-27-
EXHIBIT "F-2"
TO ORDINANCE NO. 2009-
(b) Ballot Question:
BALLOT QUESTION #6
CHARTER AMENDMENT CLARIFYING THA T CITY COMMISSIONERS ARE
ENTITLED TO COMPLETE THEIR TERM OF OFFICE IF THEY CEASE TO BE A
RESIDENT OF THEIR DISTRICT DUE TO REDISTRICTING.
Shall the above-described amendment be adopted?
Yes
No
ORLA_1464086.1
-28-
EXHIBIT "G-l"
TO ORDINANCE NO. 2009-
(a) Text of Proposed Amendment. Section C-17 of Article III of the Charter of the City of
Ocoee is amended to read as follows:
C. Filling 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 hereunder. If a
vacancy occurs in the office of Mayor, the Mayor Pro Tern ora tern 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 Tern oro tern 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 ~ninetv (~2Q) 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 ~ninetv (;{)-2Q) days of appointment.
ORLA_1464086.1
-29-
EXHIBIT "G-2"
TO ORDINANCE NO. 2009-
(b) Ballot Ouestion:
BALLOT QUESTION #7
CHARTER AMENDMENT PROVIDING THAT SPECIAL ELECTIONS TO FILL A
VACANCY ON THE CITY COMMISSION WILL BE HELD WITHIN 90 DAYS OF
THE VACANCY RATHER THAN 30 DAYS.
Shall the above-described amendment be adopted?
Yes
No
ORLA_1464086.1
-30-
EXHIBIT "H-l"
TO ORDINANCE NO. 2009-
(a) Text of Proposed Amendment.
(i) The Charter of the City of Ocoee is amended to add a Preamble to read as
follows:
We the oeoole of the City of Ocoee. Florida. under the constitutions and
laws of the United States of America and the State of Florida. in order to orovide
the benefits of local !!ovemment resoonsive to the will and values of our citizens.
do hereby adoot and ratify this charter to define the Dowers and structure of our
!!ovemment. Bv this action. we secure the benefits of home rule and affirm the
values of reoresentative democracy. orofessional mana!!ement. stron!! oolitical
leadershio, citizen oarticioation. and re!!ional coooeration. We believe in an ooen.
resoonsive !!ovemment that abides bv the hi!!hest ethical standards and ooerates as
a careful steward of the human. fiscal and natural resources of our citv.
(ii) Section C-8,AA of Article II of the Charter of the City of Ocoee IS
amended to read as follows:
AA. Sewer and water systems, To own, acquire, construct, reconstruct, equip,
operate, maintain, extend, improve and regulate the water systems (includin!!
reclaimed 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,
(iii)
to read as follows:
9 C-9. Created; composition, designation, election generally. [Amended 9-
20-1988 by Ord. No. 88-28]
Section C-9 of Article III of the Charter of the City of Ocoee is amended
There is hereby created a City Commission, to consist of five (5) members, one
(I) of whom shall be known and designated as the "Mayor"; the other four (4)
shall be known and designated as "Commissioners." One (1) of the
Commissioners shall also be known and designated as "Mayor Pro Tern oro tern."
The Mayor shall represent the city at large, and the Commissioners shall each
represent the single-member district in which they reside. The Mayor shall be
elected by the electors of the city at large, Each of the Commissioners shall be
elected by the electors residing only in the respective single-member district which
he represents on the City Commission. The Mayor Pro Tern oro tern shall be
elected from among the Commissioners by the City Commission but shall
continue to represent the district in which such Commissioner resides. The
Mayor Pro Tern oro tern shall be elected at the first City Commission meeting
following the swearing in of the candidates elected at each general city election
(unless there is a runoff election, in which case the Mayor Pro Tern shall be
elected at the first City Commission meeting following the swearing in of the
ORLA_1464086.1
-31-
candidates elected at such runoff election) and shall serve as Mayor Pro Te~ oro
tem until the successor is elected, The City Commission shall hold office in the
manner hereinafter provided and shall constitute the governing body and authority
of the City of Ocoee with all the powers and privileges herein granted and
provided, Except as otherwise provided in this Charter, whenever this Charter
contains a reference to "all members of the City Commission", such reference
shall include the entire City Commission and shall not be construed to include
only those members present and voting.
(iv)
to read as follows:
~ C-13. Regular and special meetings; meetings and records open to public;
rules and order of business; record of proceedings.
Section C-13 of Article III of the Charter of the City of Ocoee is amended
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' 'Nritten notice to each
member of the City Commission, served contacted personally or left at their usual
place of business. The notice requirement to the members of the City Commission
shall be deemed satisfied if a waiver of notice is signed by aU members of the City
Commission or if all members are present at roll call. The Mayor or Mayor Pre
+em-oro tem may, to the extent permitted 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,
ORLA_1464086.1
-32-
(v)
to read as follows:
~ C-14. Quorum; necessary vote for adoption of ordinances and resolutions; roll call.
Section C-14 of Article III of the Charter of the City of Ocoee is amended
A majority of all members of the City Commission shall constitute a quorum, but a lessef
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 Co_mmission shall be necessary to adopt any ordinance or
resolution. The vote of each member of the City Commission shall be recorded and entered in the
minutes.
(vi)
to read as follows:
~ C-16. Compensation SalarY; expenses.
Section C-16 of Article III of the Charter of the City of Ocoee is amended
The City Commission may determine the annual salary of the Mayor, the Mayor
Pro Tern oro tern 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, provided 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 expense incurred in the performance of their duties of office.
(vii) Section C-27 of Article V of the Charter of the City of Ocoee is amended
to read as follows:
~ C-27. Oath required; form.
Every official of the city, before entering commencin!! the duties of office, shall
take and subscribe to an oath or affirmation to be filed with the City Clerk, which
shall be in a form prescribed for state officers under the constitution and the laws
of Florida,
(viii) Section C-28,B of Article V of the Charter of the City of Ocoee IS
amended to read as follows:
B.
Deputy Actin!! City Clerk.
(1)
The City Clerk may designate a qualified individual as a Deputy an Actin!!
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 that the City Clerk is temporarily absent and
fails to designate someone as Deputy Actin!! City Clerk, the City Manager
may then designate a qualified individual to serve as a Deputy Actin!! City
Clerk.
ORLA_1464086.1
-33-
(2)
The Deputy Acting: 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 Acting: City Clerk shall not
affect, in any manner, any other positions such person may hold with the
city.
(3)
The Deputy Acting: City Clerk shall serve as Acting City Clerk until such
time as the City Clerk resumes the position of City Clerk, a new City Clerk
is appointed by the City Manager or the Deputy Acting: City Clerk is
removed and a new Deputy Acting: City Clerk is appointed by the City
Manager.
(ix)
to read as follows:
~ C-30. Personnel system Board.
Section C-30 of Article V of the Charter of the City of Ocoee is amended
A, Establishment of a Personnel Board, There shall be a Personnel Board consisting
of five (5) members appointed by the City Commission for terms 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 Personnel
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 his respective position with the city
during his 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 reviewing
personnel policies for the city which are submitted to them by the City Manager
and recommending such policies to the City Commission for adoption or
amendment. The City Manager shall adhere to all personnel policies, The
Personnel Board shall also have such other powers and duties as may be
established by ordinance by the City Commission. [Amended 1-5-1999 by Ord.
No. 99-076]
6 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by
referendum 3-9-1999. Said ordinance also provided for an effective date of 6-1-1999.
ORLA_1464086.1
-34-
(x)
to read as follows:
Section C-37 of Article VI of the Charter of the City ofOcoee is amended
~ C-37. Adoption 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.
ORLA_1464086.1
-35-
EXHIBIT "H-2"
TO ORDINANCE NO. 2009-
(b) Ballot Question:
BALLOT QUESTION #8
CHARTER AMENDMENT CORRECTING SCRIVENER'S ERRORS, ADDING A
PREAMBLE, PROVIDING FOR THE REGULATION OF RECLAIMED WATER
SYSTEMS, CHANGING THE METHOD OF NOTICING MEMBERS OF THE CITY
COMMISSION OF A SPECIAL MEETING, PROVIDING FOR AN ACTING CITY
CLERK AND CHANGING THE NOTICE REQUIREMENTS FOR ADOPTION OF
THE BUDGET.
Shall the above-described amendment be adopted?
Yes
No
ORLA_1464086.1
-36-
Copy of Public Hearing Advertisement
Date Published
w SUNDAY, NOVEMBER 22,2009
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. I .':;',:1 "L.~j4 '. 0' rlando Sen' tinel
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Advertisement
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Public Hearing
Notices
CiTY OF OCOEE . PU8UC. HeA1IlNG :1
"A P,bUc"H"rin before ihe Oc~;" citY
Commission w~1 be..held'-Tuesdoy,
December. 1, 2009, at 7:1S'D.m, or
as soon thereafter as~. may be
.heard. in the Commisslon,Cham.
bera of City HolI at ISO North Lake-
shore Drlve1.0coee, Flortdo" to
consider the; following: ,"'-'- ~- 't:~ .
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"theMmerlcons:'wlth, Disabilities'
Act;"'persons needtnQ":Q special,oc--
commodQtlon~or.an: interpretentQ ~
portici'pate'" in;. this - proceeding 1
should contocl the City. Clerk's at.-.
ffce"ot.407.90S-3105 ol.leost two"
days p~ior:; to- the date'- ~i!hearii1g/;
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. OL"SlgJs471'.... . ' -l1fl2flOO9,
REPORT OF OCOEE CHARTER REVIEW COMMISSION
TO THE OCOEE CITY COMMISSION
AS APPROVED AT ITS MEETING OF AUGUST 26, 2009
AS REVISED AND ACCEPTED BY OCOEE CITY
COMMISSION AT ITS MEETING OF OCTOBER 20,2009
REVISED CITY OF OCOEE CHARTER WITH AMENDMENTS
ACCEPTED BY THE CITY COMMISSION INCORPORATED**
**W ords that are stril~R out are deletions; words that are double underlined
are additions.
CHARTER
PREAMBLE
ARTICLE I
Creation and Existence of Municipality
~ C-l. Municipality incorporated.
~ C-2. Title, rights, etc., vested in municipality.
~ C-3. Existing obligations not impaired.
~ C-4. Continuation of officers and ordinances.
~ C-5. Perpetual existence.
~ C-6. Corporate boundaries.
~ C-7. Extension of corporate boundaries.
ARTICLE II
Powers of the City
~ C-8. Powers of the city.
ARTICLE III
City Commission
~ C-9. Created; composition, designation, election generally.
~ C-IO. Judge of qualifications.
~ C-ll. Eligibility.
~ C-12. Prohibitions.
~ C-13. Regular and special meetings; meetings and records open to public; rules and order of business;
record of proceedings.
~ C-14. Quorum; necessary vote for adoption of ordinances and resolutions; roll call.
~ C-15. Absence from meetings.
~ C-16. Compensation Salarv; expenses.
~ C-17 . Vacancies; forfeiture of office; filling of vacancies.
~ C-18. Independent audit.
~ C-19. Initiative and referendum.
~ C-20. Duties and emergency powers of the Mayor.
ARTICLE IV
City Manager
~ C-21. Appointment; qualifications; compensation.
~ C-22. Termination.
~ C-23. Acting City Manager.
~ C-24. Powers and duties of City Manager.
ARTICLE V
Administrative Departments
~ C-25. General provisions.
~ C-26. City Attorney.
~ C-27. Oath required; form.
~ C-28. City Clerk.
~ C-29. City Prosecutor.
~ C-30. Personnel system Billu:d..
ARTICLE VI
Financial Procedures
~ C-31. Fiscal year.
~ C-32. Submission of budget and budget message.
~ C-33. Budget message.
~ C-34. Budget.
~ C-35. Balanced budget.
~ C-36. Capital program.
~ C-37. Adoption of budget.
~ C-38. Amendments after adoption.
~ C-39. Lapse of appropriations.
~ C-40. Depositories of city fund.
~ C-41. Accurate accounts of money to be kept.
~ C-42. Expend or contract to expend money.
~ C-43. Investment of surplus funds.
ARTICLE VII
Nominations and Elections
~ C-44. Identification of City Commissioner.
~ C-45. Election dates and terms of office.
~ C-46. General election rules.
~ C-47. Qualifications of electors.
~ C-48. Registration of electors.
~ C-49. Conduct of elections.
~ C-50. Certification of results; canvass of returns; notification of successful candidates.
~ C-51. Names on ballots.
~ C-52. Ballots for ordinances and Charter amendments.
ARTICLE VIII
Levy of Taxes and Issuance of Bonds
~ C-53. Power of city to levy taxes; maximum levy.
~ C-54. General obligation bonds.
~ C-55. Powers declared additional to state law.
ORLA 11083287 110/20/09)
'"
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ARTICLE IX
General Provisions
~ C-56. Personal financial interest.
~ C-57. Construction of Charter.
~ C-58. Severability of provisions.
ARTICLE X
Charter Review Commission
~ C-59. Appointment of members.
~ C-60. Removal; vacancies.
~ C-61. Powers and duties.
~ C 62. Recommendations to the City Commission.
S C-62. rReDealedl
~ C-63. Officers.
~ C-64. Expenses.
ARTICLE XI
Single-Member Districts
~ C-65. Number of districts.
~ C-66. Establishment of Districting Commission.
~ C-67. Date of adoption of initial districts.
~ C-68. Representation of districts.
~ C-69. District residency requirements.
~ C-70. Annexed territory.
~ C-71. Redistricting.
[HISTORY: Printed as amended in its entirety by the City Commission of the City ofOcoee 9-20-1988 by
Ord. No. 88-27. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Elections -- See Ch. 5.
City Commission meetings -- See Ch. 11.
PREAMBLE
We the people of the Citv of Ocoee. Florida. under the constitutions and laws of the United States of
America and the State of Florida. in order to provide the benefits of local government responsive to the will and
values of our citizens. do hereby adopt and ratify this charter to define the powers and structure of our
government. By this action. we secure the benefits of home rule and affirm the yalues of representative
democracy. professional management. strong oolitical leadership. citizen oarticipation. and regional
ORLA 1108328 7 (10/20/09)
i
cooperation. We believe in an open. responsive e:overnment that abides bv the hie:hest ethical standards and
ooerates as a careful steward of the human. fiscal and natural resources of our citv.
ARTICLE I
Creation and Existence of Municipality
~ C-l. Municipality incorporated.
The existing municipality ofthe City ofOcoee, 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 incorporated city with all the powers
incident thereto under the laws of Florida (hereinafter referred to as ''the city" or ''the City ofOcoee").
~ C-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.
~ C-3. Existing obligations not impaired.
No obligation or contract of the City ofOcoee, including bonds heretofore issued, shall be impaired or
avoided by this Charter, but such debts and obligations shall remain binding upon the city.
~ C-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 existing ordinances of the city not in conflict with the provisions of this Charter shall
continue in effect and unimpaired until repealed, amended or modified.
~ C-5. Perpetual existence.
The City ofOcoee, Orange County, Florida, shall have perpetual existence.
~ C-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 I and by this reference made a part hereof.
1 Editor's Note: Addendum A is on file in the city offices, where it may be inspected during regular office
hours.
~ C-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 hereafter annexed into the city in accordance with the laws of Florida.
ORLA 11083287 110/20/09)
.l
ARTICLE II
Powers of the City
~ C-8. Powers of the city.
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:
A. Municipal buildings and facilities. To make and maintain all buildings and facilities necessary
and appropriate for the use of the city and to acquire all land, rights and easements necessary for
such buildings.
B. Property rights. To purchase, lease, acquire by eminent domain or otherwise obtain, receive and
hold property or any interest in property, 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 otherwise dispose of said property for the benefit of the
city to the same extent that natural persons might or could do, except as otherwise provided
herein.
(1) When any proposal for the acquisition ofreal property, either by purchase or lease, shall
receive a majority vote of the members of the City Commission and the cost of such
proposed acquisition exceeds one million dollars ($1,000,000.), 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 hearing preceded by at least seven (7) days' notice of the
hearing and the proposed action by publication in a newspaper of general circulation in
the City ofOcoee.
(2) 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.), 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
publication in the manner set forth above.
(3) 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.
ORLA 11083287 (1 0/20109) ~
(4) No piece of real property shall be divided for the purpose of evading this subsection.
(5) All leases, sales, purchases and contracts for leases, sales and purchases ofreal property
heretofore made by the city or any agency or commission of the city are hereby ratified
and confirmed.
(6) Nothing in this subsection shall apply to the acquisition of real property by eminent
domain occurring prior to, contemporaneous with or subsequent to the effective date of
this subsection.
C. Boards, commissions and committees. To create and appoint boards, commissions and
committees to advise and assist the city in carrying out municipal functions.
D. 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.
E. Purchases and sales. To provide rules and regulations for all purchases and sales made for and on
behalf ofthe city.
F. Civil service and pensions. 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.
G. 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.), 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 publication in a newspaper of general circulation in the City of Ocoee.
The City Commission shall have the right to waive the notice requirement 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 constitute an emergency which requires immediate action by the City Commission.
H. Franchises. To grant exclusive and nonexclusive franchises and privileges in the city but only
after a public hearing preceded by at least thirty (30) days' notice ofthe hearing and the proposed
action by publication once a week for four (4) consecutive weeks in a newspaper of general
circulation in the City ofOcoee.
I. Bonds. To issue certificates of indebtedness, revenue bonds or assessment bonds; to pay all or
part of the cost of the acquisition, 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
aRt A 1108328 7 110/20/09\
1
bonds or obligations of the city or for any combination ofthe foregoing purposes.
1. Lakes, ponds and rivers. To regulate, control and restrict the use of or drainage into lakes, ponds,
rivers, streams and other watercourses and adjacent wetlands and uplands within the city.
K. 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.
L. Nuisances. To declare what shall constitute a nuisance, prevent the same and authorize the
removal thereof.
M. Transportation. 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 hereafter invented or developed.
N. Taxation. Except to the extent expressly prohibited by the laws of Florida, to assess, levy and
collect taxes for all municipal purposes upon all businesses, property, privileges and professions
and to establish special taxing districts or assessment areas encompassing all or a portion of the
city.
O. 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 structures and to provide and enforce by ordinance a penalty for the failure
to do so.
P. Buildings 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.
Q. Maintenance of private property. To require all lands, property, lots, bodies of water and other
premises within the city to be kept clean, sanitary and free from excessive weed growth or to
make them so at the expense of the owner by assessing the cost against the property; to establish
by ordinance that the assessment will be a lien on the property until discharged by payment.
[Amended 1-5-1999 by Ord. No. 99-071]
1 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-
1999. Said ordinance also provided for an effective date of 6-1-1999.
R. Industry control. To regulate, restrain or prevent any industry which IS dangerous or so
obnoxious as to constitute a nuisance.
S. Beautification of public lands. To regulate and beautify the streets, parks and public
ORLA 11083287 110120(09)
~
thoroughfares of the city and to regulate and restrict the construction and location of signs,
signboards, billboards, placards and handbills.
T. Compliance with city requirements prerequisite to subdivision. To require any subdivider to
conform to requirements of the city for the design of any subdivision and for the construction
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 ofOcoee, executed
by a licensed surety company in the State of Florida, as surety in a sufficient sum to insure the
provisions of this Charter and any ordinances adopted by the City Commission are complied
with.
U. License taxes. To levy, impose and collect license taxes upon all occupations 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 ordinance 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 competent 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.
V. 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 services and utilities.
W. Public works. To exercise all powers with reference to municipal public works as set forth under
the laws of Florida.
X. Recreational facilities. To establish a system of public recreation and to set aside any lands or
buildings owned or leased by the city for recreational purposes; to charge reasonable fees and
deposits for access to any such facilities or activities.
Y. Advertising. To advertise and promote the interests of the city and its residents through
legitimate and recognized means.
Z. Conservation. To designate, set aside and maintain lands and areas within the city as
conservation areas or bird and wildlife sanctuaries; 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 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.
AA. Sewer and water systems. To own, acquire, construct, reconstruct, equip, operate, maintain,
extend, improve and regulate the water systems (inc1udin!! reclaimed water svstems). sewer
ORLA 1108328 7 (10/20109)
2
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.
BB. Drainage 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, sluiceways, floodways, drainage holding
basins and other works, machinery, plants and facilities for use in connection therewith.
CC. Cemeteries, mausoleums and crematories. To own, acquire, operate and maintain cemeteries,
mausoleums and crematories and otherwise provide for the burial ofthe dead.
DD. 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.
EE. Roads. To regulate vehicular and pedestrian traffIc and the use of roads, streets, alleys and other
public places.
FF. Cooperative agreements. 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 ofthe
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.
GG. 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
aesthetic uses; to levy special tax assessments on lakefront property owners; to tax generally and
specially; and to establish special taxing districts to accomplish the above.
HH. Zoning. 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.
ORLA 1108328 7 110/20/09)
10
ARTICLE III
City Commission
~ C-9. Created; composition, designation, election generally. [Amended 9-20-1988 by Ord. No. 88-28]
There is hereby created a City Commission, to consist of five (5) members, one (1) of whom shall be
known and designated as the "Mayor"; the other four (4) shall be known and designated as "Commissioners."
One (1) of the Commissioners shall also be known and designated as "Mayor Pro Tem oro tem." The Mayor
shall represent the city at large, and the Commissioners shall each represent the single-member district in which
they reside. The Mayor shall be elected by the electors of the city at large. Each of the Commissioners shall be
elected by the electors residing only in the respective single-member district which he represents on the City
Commission. The Mayor Pro Tem oro tem shall be elected from among the Commissioners by the City
Commission but shall continue to represent the district in which such Commissioner resides. The Mayor l4e
+em--oro tern shall be elected at the first City Commission meeting following the swearing in of the candidates
elected at each general city election (unless there is a runoff election, 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 runoff
election) and shall serve as Mayor Pro Tem oro tem until the successor is elected. The City Commission shall
hold office in the manner hereinafter provided and shall constitute the governing body and authority of the City
of Ocoee with all the powers and privileges herein granted and provided. Except as otherwise provided in this
Charter, whenever this Charter contains a reference to "all members of the City Commission", such reference
shall include the entire City Commission and shall not be construed to include only those members present and
voting.
~ C-I0. Judge 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
censure. 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. Decisions 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.
~ C-ll. Eligibility. [Amended 9-20-1988 by Ord. No. 88-28]
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 shall, at the time of qualifYing as a candidate for such
office, be a bona fide resident of the city. The Mayor shall, during the entire term of office, be a bona fide
resident of the city. Each candidate for the office of Commissioner shall, at the time of qualifYing as a candidate
for such office, be a bona fide resident of the single-member district which such candidate seeks to represent.
Each Commissioner shall, during the entire term of office, be a bona fide resident of the single-member district
which such Commissioner represents.
ORLA 11083287 110/20/091
11
~ C-12. Prohibitions.
A. Holding other offices. Except where authorized by law, no member of the City Commission
shall, while being a member 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 ofOcoee. No
former member of the City Commission shall hold any compensated appointive city office or
employment until one (1) year after the expiration of such member's term or the vacating of such
member's office.
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 dictate 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. Influencing 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.
~ C-13. Regular and special meetings; meetings and records open to public; rules and order of business;
record of proceedings.
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 ofthe 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 contacted personally or left at their usual place of business. The notice requirement to the
members of the City Commission 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 Tern OrO tern may, to the
extent permitted 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
ORLA 1108328 7 (10/20109)
12
a record of its proceedings.
~ C-14. Quorum; necessary vote for adoption of ordinances and resolutions; roll call.
A majority of all members of the City Commission shall constitute a quorum, but a ~Iesser 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 any ordinance or resolution. The vote of each member of the City Commission shall be
recorded and entered in the minutes.
~ C-15. 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 resolution setting forth the fact of
such excuse duly entered in the minutes.
~ C-16. Compensation Salarv; expenses.
The City Commission may determine the annual salary of the Mayor, the Mayor Pro Tem 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,
provided 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 expense incurred in the performance of their duties of
offIce.
~ C-17 . Vacancies; forfeiture of office; filling of vacancies.
A. Vacancies. The offIce of a member of the City Commission shall become vacant upon the
member's death, resignation, forfeiture of offIce or removal from offIce in any manner authorized
by law.
B. Forfeiture of offIce. Any member of the City Commission shall forfeit his office if he 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
subsection shall be exercised in accordance with the provisions of S C-I O.
C. Filling 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 hereunder. If a vacancy occurs in the offIce of Mayor, the Mayor Pro Tem ~
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 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
ORt A 11083287 110/20/091
13
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 ~ninetv (~90) 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 tfiH:ty-ninetv (;Q-90) days of appointment.
~ C-18. Independent audit.
The City Commission shall provide for an independent annual audit of all city accounts and may provide
for more frequent audits as it deems necessary. Audits shall be made by a certified public accountant or firm of
accountants who or which has 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 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 satisfYing the requirements of this section.
~ C-19. Initiative and referendum.
,^.. Initiative and referendum generally.
(I) Initiative. The qualified electors of the city shall have the pO'Ner to propose ordinances to
the City Commission, and if the City Commission fails to adopt an ordinance so proposed
without any change in substance, such electors shall have the povler to adopt or reject it
at a city eleotion, provided that such pOVler shall not extend to the budget or capital
program or any ordinance relating to appropriation of money, levy of taxes or salaries of
city oftlcers or employees.
(2) 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 ha':e the
power to appro'.'e or reject it at a city election, pro':ided that such pO'Ner shall not extend
to the budget, capital program, any emergency ordinance or any ordinance relating to
appropriation of money, levy of taxes or salaries of city officers or employees.
B. Commencement of proceedings. ,"-ny five (5) qualified electors may commence initiative or
referendum proceedings by filing with the City Clerk an aftlda':it stating that they ..viII constitute
the petitioners' committee and be responsible fur circulating the petition and filing it in proper
fDrm, 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 reconsidered.
C. Petitions. Each initiative or referendum petition filed 'Nith the City Clerk shall comply 'Nith the
follo'Ning requirements, and any failure to comply with anyone (I) or more of the follmving
requirements shall render the petition insuftlcient:
ORLA 1108328 7 (10/20/09)
14
Nume f'
er 0 sIgnatures. Initiati"e a
elec~ors of the city equal in n~mbae: referendum petitions must be si ned b ' .
q ea"fied electors registered to vote att~~ Ile~t tOR pe~ecRt (10%) of t;e total) A:,~I fie~
as regular cIty election. er 0
form and content ^ II
assembled as . ,. ~apers of a petition shall be unifo . .
iRdel ible peRe ~n:s ;b~l:,:m~~~O~;d fi ~~~~i. Ea~~ SigRa:::..::~~e :;::~~~t::~:~~: I be
person "gRlng. Petition b I .' e """ress aRd tbe full. . ' or
,i"ulat iOA, !he fu II t t ~;' a I 60nia IA or ba'le attacbed tl ) prmtcd name 0 f tbe
sba~1 :Iso oORtaiR a ::teOm:~~ :~:~~:::~tOPO'ed or ,ought to b':::t:~n:~;::e~'0:~tittheir
rea t il ordinance before signing . sIgnature that the signer had an onn 'rt . Ions
. n'O ul1Ity to
,'\ftIdavit of circulator. Each . .
aftldavit execut a e ' . paper of a petItIon shall hav .
tbe ,ireelator, t:~ ;~e t:i~:I;o.lator tbereof statiRg tbe add;e::~~~e~~lo, Jl wbeR filcd an
thercoR, that .11 the s u ator perooAally CIIoulatad tha paper th ) prmtcd name of
belie"es them to be Ignat.re, wcre affixcd In the circ.lator's ' e R.mber of Slgnat."s
aRd that ea,h SigR th\g~neJOe signateres of !he persoRs "'ho:resen,e, tbat tbe ei".lator
ordiAan,e pmpesed :r s:. g~~ t:::~~::~~d:::re sigRin; to er:::::;h~lr ~;~:r~ ~e t::
, .~. Pm,ed.re lOr till.g. [AlReRded I S 19991>y Ord. No. 99 07't
Editor s Note: This o~..I'
1999 . .-ulRanee was ap d
. Said ordinanee also provid~d ~ prove ~y the eleetorate of the C-
or an effeeh','e date of () 1 1999. Ity of Oeoee by referendum 3 9
ORLA 1108328 7 (10120/09)
(I)
(2)
(3)
(I)
Certificate of City Cieri" am d
f; -, en ment Ul'th' h'
~~;':i~::l~Os;e:i~~~~n):t filed, the .ci~~ ~~:r~r?;,~~O~::~~e~:a::: ~~~iative petition
d IS IRs.fIi,ieR'!h . r I c.te as 'e .t
:::~;, ~oPY of the ,ertifioate to th~-~e'itlo.:r:~:;oularo wherein it is defeotive, ~~d-~.h~l~
iRseffi~:::Y are only tbose speoified iR S.bseoti~Rm~tt:e by certified m.il. Gro.nds lOr
may be ame a a eremabs"e ^ . .
s.bstaRlially changed I. a A,.~, ,eRoe, pre" ided tbat the text ~ f . ti: pet" !on ce.rtl fied
to ameRd it with tbe . R; ~.) and tbe petitionars' committee fi e petltlo~ IS not
corti fioate d iii C It) Clerk w IthlR seveR (7) da' ft Ie'.. .notlce of JO'e.lio.
an es a SU13131em t . . ) s a 8r recel"IAg
after re,el"l.g tb ...... ...e....y petitio. UpOA additional p '.. a eopy of tbe
'.'itb tb '. e copy ef sooh certifioate S.ob I apars With.. ten (10) days
.. e reqUIrements sf S e' . supp ementary t'.
tbe City CI I ... .....seolio. C bareinabo"e "'.th. pe Itle. shall comply
amended an~:h'~tll ,ompl"e a cartifio.'e a; t~ ';~e 1:.~veR (7) d~.s after it is filed,
, u prom13t1y a clency sf th . .
by certified mail as iR seR a copy of secb certifi,ate to tbe .. e pet"lOn, .s
~~~:f~: insuffioieRt a~~e t~:s~:t~~:R::~~I~~~:~::} fa petit.," ::~:~::~:~ e:e7it~~:~:
mmlsslon re"le'" u a S OilS not elect te a
the City Clerk shall' p;~m:t;"~ .bse.tien 0(3) of this seotioR within ~:~~.. or request
,ertificate shall then be a fi I) /resent Its certificate to the City Ce . '~e reqUired,
na etermmutlon as to the ffi' mmlSSlon, and the
, . s. CleRCY oftbe petitioR
,.SSlstance to the City Cleric The Cit 'CI' . . .
) srI. may, wlthm his sole discretio I
n, see c the
(2)
15
E.
as.sistance of the Su .
City Clerk's d' per'.'lsor of EI .
,ern. ulles beround eclions fur Or
I ymg the sufficieRcy oferj IA such eveRt tb:~ge COURty, Florida i
C a I petitions inc! d. Ity Clcrk sball ' A perfurmiRg tb
It)' <; . ' U 109 remam e
ce,;,~..~mmlS'ioo re'liew. If . . ameoded petitions. respoAsible fer
I ee does not fil a petition h
certified iA'Um . - me notice of inteRt" as been certified in
of sueb oertifio:::nt, tbe ,ommitlee m~~n ,~~ a~end it or if ::fficieot aod tbe petitie '
~~::s:~~n :::"' r~~~e:,. r:::::~\~a:~t' b..,:~~,:::,:~e:/;I;ed~~;:;:re:e:::~i~: ~:s ::~:
fi I rove e, d. e at it It)' <;. e cop,'
na. detefl11inatien as te t~"."preY.. it. The .~i,",e'" meeting fuIlOwi:mml"ie~. ne City
RefercRdum pc.... e suffi"eoey oftbe iet~i';,"'mlSsion's dete.:.:::..fi"Rg ef sucb
I Ions. suspe . n. leR ,ball be
, nSIOR of t'Ii a
(I ) IVheR - e. -acts of ore inaRce
a rclerendum . . .
reconsidered sl I petitIon is filed ....
as f b .a I basus d ..Itb the <;.
o t e date ef fir peA ed Hemt I . Ity Clerk tl
109 tb a ,lOg et'li. . le e,d.
e ralerend . . ect If it b 10aROe sou I
(a) Th . um petlllOo. Sueb as not Rlreody be pt to be
ere IS a final det . . suspeRsion sball t .'ome efteetiv,
emllnat,on of.. ermlOate whe .
+b msuffi"en n.
e petitieRers' con . 'y eftbe petitieo.
11111ttee v'ithd '
. raws th . .
The City C e pe"t,eo.
om . . '
mIssIon repeals the ord'
^ Hot maR". or
... e on th . '
e ordmance by the I
Tbetiling ef are e'to" eftbe city ha
ordinan,e so belereRdum petition b sheen "rtified
b ug Ito b s all n t f .
sue.. refcrendum . e r..eosidered .f 0 a leet tbe .'ard.
petlllOn. I such ordioan : I "l' ef er eRfo
Act ion on petit. ce IS effect i'le 00 th r~meRt e f the
10RS. e ale of fir
mg
(3)
(b)
(c)
(d)
(2)
F.
(I)
^ t'
,.C Ion by Ct
a I y Co ..
etermined mmlsslon HTh
. suffi . . .. en a ...
mitiative or. eleRt, tbe Cit ' ..0 m.lllative or refi.
ordinance dmao,e io the m"; CommlSsioo sball erendum patitioo bas
initiative e b1: YOtiRg on its rep:~r provided iR Arti ~remPtlY ,.osider tbbeeo finally
repeal r 'oan,e withou ,a. If the Cit ,<; celli or ree.. e prepesed
refcrre~h:r~~:rred ordiRan~:n~, ::~R~e in subsiaR,~:7.~SSi~n tni Is to n:::~ tbe relerred
ao,e to the ele't n 8fty five (45) d 10 erty five (45) d a proposed
Sub . . ors oflbe city ays, ,t sball sub. ays er feil"e
mISSion t . mil the
eleeters f .0 electors. The proposed or
( 0 tke ,ity prepe,ed
159) days fi - not less thaR. er relerred ord.
I. rem tb d nmet)' (90 IRao,e b I
e ectlon is t e ate that tb . : . m) days and s a I be sub .
Commissio 0 be beld witbin et:elllle~ wa, detefl11. not later tban one ~"ted I. the
pariod. C ~ shall provide fur e . peflods deser"b I:ed suffi,ieol. If undred fifty
OpleS of the proposed a spe"al elaetion to 'b e 10 this suhse,~e regular eily
or rerorred ordiRa e beld withiR th ~OR, the City
nce shall be made a" e.t ove described
. al able at the polls
(2)
ORLA 1
108328 7 (10/20/09)
16
and at City Hall.
(3) 'Nithdrawal of petitions. ,^.n initiative or referendum petition may be withdrawn at any
time prior to the 15th day preceding the date on which the proposed or referred ordinance
is to be submitted to the electors of the city by filing '....ith the City Clerk a properly
notarized request fur ....-ithdra'.val signed by at least fOur (1) 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.
G. Results of election.
(I) 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 Commission. Ifconflicting ordinances are approved at the same election, the one
receiving the greatest number of affirmative votes shall prevail to the extent of such
conflict.
(2) 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.
H. Repeal of ordinances adopted by electoral ','otes. No ordinance adopted by an electoral ','ote shall
be repealed 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 is
published not more than si>(ty (60) days nor less than thirty (30) days prior to such election.
A. Initiative Ordinance. Anv proposed ordinance may be submitted to the City Commission bv a
petition silwed bv ten (10%) of the total number of Qualified rel!istered voters of the City of
Ocoee. Within six (6) weeks after filinl! of such petition, the City Commission may pass said
ordinance. or shall call a special election to be held within ninety (90) days. at which the
adoption or reiection of such ordinance shall be submitted to the Qualified voters of the City. I f a
maioritv of the Qualified voters votinl! on the proposed ordinance shall vote in favor thereof. then
the ordinance shall thereupon become a valid ordinance of the City. Anv number of proposed
ordinances may be voted upon at the same election accordinl! to the provisions of this section.
B. Referendum Ordinance. Except for emerl!encv ordinances. every ordinance shall take effect ten
(10) days after its passal!e. unless a lonl!er time be named therein or unless otherwise provided
bv law. If prior to the takinl! effect of an v ordinance. a petition sil!ned bv ten (10%) of the total
number of Qualified rel!istered voters of the City of Ocoee shall be filed with the City
Commission protestinl! al!ainst the enactment of such ordinance. then such ordinance shall be
suspended from takinl! effect. Thereupon, unless the City Commission shall. within six (6)
weeks after the minI! of such oetition. reconsider or repeal such ordinance. the same shall be
submitted to an election to be held as orovided in paral!raph A above. and such ordinance shall
not be ooerative if a maioritv of the votes cast be in opposition thereto. The suspension of the
ORLA 11083287 110/20/09\
17
effective date of such ordinance shall be lifted upon the certification of the results of anv such
election.
C. Citv Commission. The Citv Commission mav on its own motion submit to the popular vote for
the adoption or reiection of anv proposed ordinance. If a maioritv of the qualified voters votinll
on the proposed ordinance shall vote in favor thereof, then the ordinance shall thereupon become
a valid ordinance of the Citv. Anv number of proposed ordinances mav be voted upon at the
same election accordine to the provisions of this section.
~ C-20. Duties and emergency powers of the Mayor.
The Mayor shall preside at all meetings of the City Commission 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.
ARTICLE IV
City Manager
~ C-21. Appointment; qualifications; compensation. [Amended 1-5-1999 by Ord. No. 99-073]
3 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-
1999. Said ordinance also provided for an effective date of 6-1-1999.
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 ofOcoee 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 compensation 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. Any such employment
agreement may provide that the City Manager may be terminated without cause at any time during the term of
the employment agreement, subject to compliance with the procedures set forth in S C-22. Further, any such
agreement may provide for circumstances under which the City Manager may be temporarily suspended with or
without pay.
ORLA 11083287 (10/20/09)
18
~ C-22. Termination. [Amended 1-5-1999 by Ord. No. 99-074]
4 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-
1999. Said ordinance also provided for an effective date of 6-1-1999.
The City Commission may terminate the employment of the City Manager in accordance with the
f-o 1I0wing procedures:
A. The City Commission shall adopt by affirmative vote of a majority of all its members a
preliminary resolution stating its intention to terminate the employment of the City Manager and
such preliminary resolution may also suspend the City Manager fTom duty for a period not to
exceed forty five (15) days. ,,\ copy of the resolution shall be delivered promptly to the City
Manager.
B. 'Nithin five (5) days after a copy of the resolutioFl 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. If requested, this hearing shall be held at a regular or special 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 terminating the employment of the City Manager, 'Nhich may be made effective
immediately upon adoption. Such resolution may be adopted at any time after five (5) days from
the date a copy of the preliminary resolution 'Nas 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 that the City Commission
fails to terminate the City Manager in the manner provided hereunder within furty five ('15) days
from the date of adoption of the preliminary resolution, then the City Manager shall
automatically be reinstated if the preliminary resolution suspended the City Manager and the
preliminary resolution shall thereafter no longer be of any force or effect.
D. The City Manager shall continue to receive a salary during the period of suspension and, if
terminated, shall recei'le a salary until the effective date ofa final resolution of termination. The
action of the City Commission in suspending or terminating the City Manager shall not be
subject to revievl by any court or agency. ,,\ nonrene'Nal of the City Manager's employment
agreement with the city shall not constitute a termination hereunder requiring compliance with
the pro'.'isions of this section in order to terminate employment.
E. The procedures set forth herein shall also be applicable to a termination of an employment
agreement "'lith the City Manager; provided, hmvever, that if such employment agreement
requires that a termination be fur cause, theFl the preliminary and final resolutions shall set rorth
the cause for termination.
ORLA 11083287 110/20/09\
19
If the City Manal!er declines to resil!n at the reauest of the City Commission, the City
Commission may susoend the City Manal!er by resolution aODroyed by a maiority of the total
membershio of the City Commission. A COOy of such resolution shall be served immediately uoon the
City Manal!er. The City Manal!er shall have fifteen (J 5) days in which to reoly thereto in writinl!. and
uoon reauest shall be afforded a oublic hearinl!. which shall occur no earlier than fifteen (J 5) days nor
later than thirty (30) days after such hearinl! is reauested. After the oublic hearinl!. if one is reauested.
and after full consideration, the City Commission may. by a maiority vote of its total membershio. adoot
a final resolution terminatinl! the City Manal!er. The City Manal!er shall continue to receive full salary
until the effective date of such resolution. A nonrenewal ofthe City Manal!er's emoloyment al!reement
with the city shall not constitute a termination hereunder reauirinl! comoliance with the oroyisions of
this section in order to terminate emoloyment The orocedures set forth herein shall also be aoolicable
to a termination of an emoloyment al!reement with the City Manal!er: oroyided. however, that if such
emoloyment al!reement reauires that a termination be for cause, then the resolutions discussed above
shall soecifically set forth the cause for termination.
~ C-23, Acting City Manager. [Amended 1-5-1999 by Ord. No. 99-075]
5 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-
1999. Said ordinance also provided for an effective date of 6-1-1999.
A. There shall be an Acting City Manager who shall exercise the powers and perform the duties of
City Manager during the temporary absence, disability or suspension of the City Manager, or
during such time as there is a vacancy in the position. In the case of a temporary absence, the
City Manager shall designate, by letter filed with the City Clerk, a qualified city administrative
officer to serve as Acting City Manager. In the event that (1) the City Manager fails to designate
someone as Acting City Manager as required hereunder, (2) the City Manager has been
suspended or is disabled or (3) there is a vacancy in the position of City Manager, then in any of
such events the City Commission may then appoint a qualified Acting City Manager.
B. 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 ofthe Acting
City Manager shall not affect, in any manner, any other positions such person may hold with the
city. The provisions of ~ C-22 of this Article shall not apply to an Acting City Manager.
C. The Acting City Manager shall serve as City Manager until such time as the City Manager
resumes the position of City Manager, a new City Manager is appointed by the City Commission
pursuant to ~ C-21 of this Article or the Acting City Manager is removed and a new Acting City
Manager is appointed by the City Commission.
~ C-24. Powers and duties of City Manager.
The City Manager shall be the chief administrative officer of the city and shall be responsible for the
ORLA 1108328 7 110/20/09\
20
administration 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 administrative officer who is subject to the City Manager'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 officers 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
administrative activities of the city as of the end of each fiscal year. Such report shall also be
made available to the public.
G. To prepare and submit to the City Commission such other reports as the City Commission may
require concerning the operation of city departments, 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. To perform such other duties as may be required under this Charter or as may be required by the
City Commission.
J. To recommend to the City Commission the salary and wage scale of officers and employees of
the city.
ORLA 11083287 (10/20/09)
21
ARTICLE V
Administrative Departments
~ C-25. General provisions.
A. Creation of departments. The City Commission 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 function assigned by this Charter to a particular
department, office or agency may be discontinued or assigned to any other except by ordinance
adopted by the City Commission.
B. Direction by City Manager. All city departments, offices and agencies under the direction and
supervision ofthe City Manager shall be administered by an officer appointed by and subject to
the direction and supervision of the City Manager. With the consent of the City Commission, the
City Manager may serve as the head of one (I) 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
ofthe city.
~ C-26. City Attorney.
There shall be a City Attorney who shall be appointed by a majority of all members of the City
Commission. The City Attorney 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
ofthe 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 required by ordinance or
resolution of the City Commission, prescribed for City Attorneys under the laws of Florida or 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.
~ C-27. Oath required; form,
Every official of the city, before entering commencing the duties of office, shall take and subscribe to an
oath or afftrmation to be filed with the City Clerk, which shall be in a form prescribed for state officers under
the constitution and the laws of Florida.
ORLA 11083287 110/20/09\
22
~ C-28. City Clerk.
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 ofthe
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, reso lutions, contracts, agreements
and other documents.
(7) Preserving and maintaining an Ordinance Book and a Resolution Book.
(8) Performing all other duties appropriate to the office of City Clerk as may be imposed by
law, required by city ordinance or directed by the City Manager.
B. Deputy Actin!! City Clerk.
(I) The City Clerk may designate a qualified individual as a Deputy an Actin!! 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 that the City
Clerk is temporarily absent and fails to designate someone as Deputy Actin!! City Clerk,
the City Manager may then designate a qualified individual to serve as a Deputy Actin!!
City Clerk.
(2) The Deputy Actin!! 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 Actin!! City Clerk shall not affect, in any manner, any other positions such person
may hold with the city.
(3) The Deputy Actin!! City Clerk shall serve as ,^.cting City Clerk until such time as the City
Clerk resumes the position of City Clerk, a new City Clerk is appointed by the City
Manager or the Deputy Actin!! City Clerk is removed and a new Deputy Actin!! City
ORt A 1108328 7 110/20/09\ 23
Clerk is appointed by the City Manager.
~ C-29. City Prosecutor.
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 ofthe city properly summoned.
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.
~ C-30. Personnel system Board.
A. Establishment of a Personnel Board. There shall be a Personnel Board consisting of five (5)
members appointed by the City Commission for terms of three (3) years. The members of the
Personnel Board shall be qualified electors ofthe 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
Personnel 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 his respective position with the city during his 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 ofthe 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 reviewing personnel policies for
the city which are submitted to them by the City Manager and recommending such policies to the
City Commission for adoption or amendment. The City Manager shall adhere to all personnel
policies. The Personnel Board shall also have such other powers and duties as may be established
by ordinance by the City Commission. [Amended 1-5-1999 by Ord. No. 99-0't]
6 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-
1999. Said ordinance also provided for an effective date of 6-1-1999.
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ARTICLE VI
Financial Procedures
~ C-31. Fiscal year.
The fiscal year of the city shall begin on the first day of October and end on the 30th day of September
of the following calendar year.
~ C-32. Submission of budget and budget message.
On or before the first day of August of each year, the City Manager shall submit to the City Commission
a budget for the ensuing fiscal year and an accompanying message.
~ C-33. Budget message.
The City Manager's message shall explain the budget both in fiscal terms and in terms of the work
programs. It shall outline the proposed [mancial policies of the city for the ensuing fiscal year, describe the
important features of the budget, indicate 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.
~ C-34. Budget.
The budget shall provide a complete [mancial 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 operations during the ensuing fiscal year, detailed by offices,
departments and agencies in terms of their respective work programs, and the method of
financing such expenditures.
B. Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments
and agencies when practicable, and the proposed method of financing 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; subsidiary budgets for each such utility
giving detailed income and expenditure information shall be attached as appendixes to the
budget.
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D. Proposed measures to be taken to reduce costs and conduct a more economical operation during
the fiscal year.
~ C-35. Balanced budget.
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.
~ C-36. Capital program.
A. The City Manager shall prepare and submit to the City Commission a five-year capital program
at least three (3) months prior to the final date for submission ofthe budget. The capital program
shall include:
(1) A clear, general summary of its contents.
(2) A list of all capital improvements which are proposed to be undertaken during the five (5)
fiscal years next ensuing, with appropriate supporting information as to the necessity for
such improvements.
(3) Cost estimates, method of financing and recommended time schedules for each such
improvement.
(4) The estimated annual cost of operating and maintaining the facilities to be constructed or
acquired.
B. The above information may be revised and extended each year with regard to capital
improvements still pending or in the process of construction or acquisition.
~ C-37. Adoption 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 ofthe City Commission in accordance with the laws of Florida.
~ C-38. Amendments after adoption.
A. Supplemental appropriations. If during the fiscal year the City Manager certifies that there are
available for appropriation revenues in excess of those estimated in the budget, the City
Commission by ordinance may make supplemental appropriations 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
ORLA 1108328 7 110/20/09)
26
Manager or City Commission that the revenues available will be insufficient to meet the amount
appropriated, the City Manager shall report to the City Commission without delay the estimated
amount of the deficit, any remedial 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 deficit, and for that purpose it may by ordinance
reduce one (1) 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 (1) department, office
or agency to another.
E. Limitations. No appropriation for debt service 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.
~ C-39. Lapse of appropriations.
Every appropriation, except an appropriation pursuant to a five-year capital program under ~ C-36, shall
lapse at the close ofthe 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 purpose for which it was made has been
accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned ifthree (3) years
pass without any disbursement from or encumbrance ofthe appropriation.
~ C-40, 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 ofOcoee 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 depository 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 inspection and audit by the City Auditor.
~ C-41. 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.
~ C-42. Expend or contract to expend money.
Unless the City Commission otherwise provides by resolution, 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
ORI A 1108328 7 (10/20/09)
27
which by its terms involves the expenditure of money for any purpose in excess of the amounts appropriated 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 expenditure 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.
~ C-43. Investment of surplus funds.
The City Commission shall have authority to invest any surplus funds ofthe 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 ofthe issue of such bonds.
ARTICLE VII
Nominations and Elections
~ C-44. Identification of City Commissioner. [Amended 9-20-1988 by Ord. No. 88-28]
Each City Commissioner shall be elected to a seat number as set forth hereinbelow and shall represent a
single-member district as set forth under S C-68 of Article XI of this Charter. Seat numbers and their
corresponding single-member districts shall be shown on qualification forms, ballots and other election records.
~ C-45. Election dates and terms of office. [Amended 4-2-1996 by Ord. No. 96-05; 10-7-1997 by Ord. No.
97-20; 1-5-1999 by Ord. No. 99-077]
7 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-
1999. Said ordinance also provided for an effective date of 6-1-1999.
A. Beginning in March 2000, regular municipal elections shall be held annually on the second
Tuesday in March of each year. The terms of office of the Mayor and City Commissioners shall
be as follows:
(I) The Mayor shall be elected for a three-year term at a regular municipal election to be held
in March 2001 and shall thereafter be elected for a three-year term at a regular municipal
election to be held every three (3) years thereafter.
(2) Two (2) City Commissioners shall be elected for three-year terms at a regular municipal
election to be held in March 2000 and shall thereafter be elected for three-year terms at a
regular municipal election to be held every three (3) years thereafter. Such City
Commissioners shall be elected to Seat No.2 and Seat No.4.
(3) Two (2) City Commissioners shall be elected for three-year terms at a regular municipal
election to be held in March 200 I and shall thereafter be elected for three-year terms at a
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regular municipal election to be held every three (3) years thereafter. Such City
Commissioners shall be elected to Seat No. I and Seat No.3.
B. Notwithstanding the above, the term of office of any person elected to the office of Mayor or the
office of City Commissioner shall commence upon being sworn into office and continue until
such time as his or her respective successor is sworn into office. Any person elected to the office
of Mayor or the office of City Commissioner shall be sworn into office at 7:00 p.m. on the day of
the next regularly scheduled City Commission meeting held after the results of the election are
declared by the Canvassing Board as set forth in ~ C-50 of this article. The incumbent Mayor and
City Commissioners at the effective date of Ordinance No. 97-20 shall continue to hold their
respective offices until their successors are sworn into office. Notwithstanding the foregoing, in
the event that no candidate qualifies for the office of Mayor or a specific seat on the City
Commission, then such office or seat shall be declared vacant by the Canvassing Board at its
meeting following the regular municipal election.
~ C-46. 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 Commission seat who receives a majority of the votes cast
for such office shall be elected.
C. In the event that no candidate for a city elective office receives a majority of the votes cast for
that office, then a runoff election between the two (2) 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.
~ C-47. Qualifications of electors.
Any person who is a resident of the City ofOcoee, 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 ofOcoee.
~ C-48. Registration of electors.
Electors ofthe City ofOcoee shall register with the appropriate officials of Orange County, Florida. The
City Commission 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.
~ C-49. Conduct of elections.
The City Commission shall designate the places of polling for all city elections and shall give notice of
all city elections in accordance with the laws of Florida. +he Exceot as otherwise set forth herein. the City
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Commission shall by ordinance provide for the printing of ballots, the conduct of elections, including absentee
procedures,-aOO the canvass of returns,.. and all similar election details. Such ordinance shall, to the extent
possible, ensure the secrecy ofthe ballot and the integrity ofthe poll.
~ C-50. Certification of results; canvass of returns; notification of successful candidates.
The results ofthe 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 election, one (I) 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 Canvassing Board, which will consist of the Mayor and the tv/o (2) City Commissioners 'Nho
'Nere not up fur election, such meeting to be held at 12:00 noon follo'Ning the day of the election or as soon
thereafter as is practicable. ,'\t such time, the three (3) citizens aooointed bv the City Commission. The
Canvassing Board shall canvass the returns and shall declare the results of the canvass as the results of the
electioIr. in a manner orovided bv city ordinance or as otherwise required bv law. A majority ofthe Canvassing
Board shall constitute a quorum thereof. Notwithstanding the foregoing, with the agreement of the Orange
County Canvassinl! Board and Oranl!e Count v Suoervisor of Elections. the City Commission mav. bv
ordinance. assil!n and abdicate the canvassing resoonsibilities of the City Canvassinl! Board to the Oranl!e
County Canvassing Board. In such event the Oranlle County Canvassinll Board shall canvass the returns and
shall declare the results of the canvass as the results of the election in a manner orovided bv city ordinance or as
otherwise required bv law.
~ C-51. 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 oftheir surnames.
~ C-52. Ballots for ordinances and Charter amendments.
An ordinance, a charter amendment or any other matter to be voted on by the electors ofthe 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.
ARTICLE VIll
Levy of Taxes and Issuance of Bonds
~ C-53. 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, provided 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.
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~ C-54. General obligation bonds.
A. The city shall have the power to issue general obligation bonds in an aggregate principal amount
of bonds outstanding at anyone (1) time not in excess of twenty-five percent (25%) of the
assessed value ofthe taxable property within the city as shown on the pertinent tax records at the
time of the authorization ofthe 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 property in
the city to the extent necessary for the payment thereof.
C. If the city shall determine to issue general obligation bonds for more than one (1) different
purpose, the approval of the issuance of the bond 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 (1) or more purposes shall not defeat the approval of
bonds for any purpose which shall be approved by the electors.
~ C-55. Powers declared additional to state law.
Except as set forth in ~ C-54 of this Article, this Article shall not be construed as in any way restricting
or superseding 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.
ARTICLE IX
General Provisions
~ C-56. Personal financial interest.
All city officers and employees shall comply with the Code of Ethics for Public Officers and
Employees2 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 ofthis 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.
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2 Editor's Note: See F.S. ~ 112.311 et seq.
~ C-57. 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.
~ C-58. Severability of provisions.
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, paragraph, provision or portion of the Charter is held invalid,
unenforceable or unconstitutional in its application to any person or circumstance, the application ofthe Charter
and its provisions to other persons or circumstances shall not be affected thereby.
ARTICLE X
Charter Review Commission
~ C-59. 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 a majority vote of
the City Commission and who shall serve on such Commission for terms of one (1) year unless such terms are
extended by the City Commission. The Mavor shall also aoooint two (2) alternate members. subiect to the
aooroval of the City Commission. who mav fill in for any member absent from a Charter Review Commission
meetin2:.
~ C-60. Removal; vacancies.
A. Removal. Any member of the Charter Review Commission may be removed by the City
Commission in accordance with the following procedures:
(I) 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 ofthe 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 ofthe 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
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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 affirmative vote of a majority of all its members a
final resolution of removal, which may be made effective immediately. Such resolution,
if adopted, must be adopted no earlier than six (6) days and no later than thirty (30) days
from the date a copy of the preliminary resolution was delivered to the member sought to
be removed, if such member has not requested a public hearing. If such member has
requested a hearing, such 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 ofthe member who created the vacancy.
Such vacancy shall be filled within thirty (30) days after the vacancy occurs.
~ C-61. Powers and duties.
The Charter Re'liew 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.
The Charter Review Commission shall be em Dowered to conduct a comDrehensive study of any or all
ohases of city !?:overnment. A Charter Review Commission may. durin!?: its term. olace orooosed amendments
and revisions of the Charter on the ballot at !?:eneral municioal elections onlv. orovided a reoort of the orooosed
chan!?:es has been delivered to the City Clerk at least ninety (90) days orior to the election. or as otherwise may
be required bv law. Such amendments or revisions do not require the aooroval of the City Commission.
~ C 62. Reeommendations 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 other'Nise be required by law. Within t'.'.o
(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 Revievi Commission fur
further study and consideration. ,'\ny proposed Charter amendmeAts accepted by the City Commission shall be
adopted by ordinance and submitted to the electors of the city for consideration no later than the nent general
municipal election or at a special election called by the City Commission for such purposes.
S C-62. IReoealedl
~ C-63. Officers.
The Charter Review Commission shall create and elect appropriate officers as it deems necessary for the
orderly conduct of its specific duties.
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~ C-64. Expenses.
The City Commission shall appropriate funds to defray reasonable expenses of the Charter Review
Commission.
ARTICLE XI
Single-Member Districts
[Added 9-20-1988 by Ord. No. 88-28]
~ C-65. Number of districts.
The City ofOcoee shall be divided into four (4) single-member districts effective upon the adoption of
the initial geographic boundaries of such districts by the City Commission ofthe City ofOcoee.
~ C-66. Establishment of Districting Commission.
A. Appointment of members. The City Commission shall establish a Districting Commission after
November 15, 1991, but no later than December 15, 1991, and every five (5) years thereafter
(i.e., 1996,2001, etc.) a new Districting Commission shall be appointed by the City Commission
after November 15 but no later than December 15 of that year. A Districting Commission may
also be appointed by the City Commission at such other times as deemed necessary by the City
Commission. The Districting Commission shall consist of five (5) members who shall be
appointed by majority vote of the City Commission and who shall serve on such commission for
terms of one (1) year, unless such terms are extended by the City Commission.
B. Removal; vacancies.
(1) Removal. Any member of the Districting Commission may be removed by the City
Commission in accordance 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. A
copy of the resolution shall be promptly delivered to the member of the
Districting Commission sought to be removed.
(b)
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.
(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
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immediately. Such resolution, if adopted, must be adopted no earlier than six (6)
days and no later than thirty (30) days from the date a copy of the preliminary
resolution was delivered to the member sought to be removed, if such member has
not requested a public hearing. If such member has requested a hearing, such
resolution, if adopted, must be adopted within forty-five (45) days from the date
ofthe hearing.
(2) Vacancies. If any vacancy occurs in the Oistricting 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.
C. Powers and duties.
(1) The Oistricting Commission shall serve as an advisory body to the City Commission with
respect to the establishment of initial geographic boundaries of the four (4) single-
member districts of the City of Ocoee. Each new Oistricting Commission shall serve as
an advisory body to the City Commission with respect to the redistricting of such
boundaries.
(2) Upon its initial appointment in 1991, the Oistricting Commission shall review the most
current, official census data, together with all other data relevant to the establishment of
initial geographic boundaries of the four (4) single-member districts, and shall prepare a
report to the City Commission that contains recommendations concerning such
boundaries.
(3) Upon appointment of a new Oistricting Commission in 1996, and every five (5) years
thereafter, the Oistricting Commission shall review the geographic boundaries of the four
(4) single-member districts in light of the most current, official census data, together with
all other data relevant to the redistricting of geographic boundaries. The Oistricting
Commission shall prepare a report to the City Commission containing recommendations,
if any, for the adjustment of district boundaries.
(4) All recommendations concerning the geographic boundaries of single-member districts
shall be prepared in compliance with the following criteria:
(a)
Each district shall be formed of compact, contiguous territory and shall be as
rectangular as possible. To the extent possible, the boundary lines of each district
shall follow the center lines of streets.
(b)
The districts shall be based upon the principle of equal and effective
representation as required by the United States Constitution.
(c)
The boundaries of each district shall, to the extent possible, be aligned with the
boundaries of the county precincts within the city and with the boundaries of the
city.
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(d) All reports containing recommendations shall include a map that sets forth the
proposed boundaries of each district.
D. Recommendations to the City Commission. All reports of the Districting Commission shall be
available to the public and submitted to the City Commission in accordance with such reasonable
deadlines as may be established by the City Commission or as may otherwise be required by law.
Within two (2) months of the receipt of any such reports, the City Commission shall accept or
reject the recommendations contained therein, or the City Commission may send such reports
back to the Districting Commission for further study and consideration. The establishment ofthe
initial geographic boundaries of the four (4) single-member districts and any subsequent
redistricting of such boundaries shall be done by ordinance by the City Commission; provided,
however, that the City Commission shall not establish or redistrict such boundaries until after
receipt of a report from the Districting Commission containing recommendations relating
thereto, unless the Districting Commission fails to deliver its report by the deadline established
by the City Commission.
E. Officers. The Districting Commission shall create and elect appropriate officers as it deems
necessary for the orderly conduct of its specific duties.
F. Support. It shall be the responsibility of the Planning Department, or such other department as
may be designated by the City Manager, to provide technical data and assistance to the
Districting Commission. City staff shall also be available to assist the Districting Commission as
needed.
G. Expenses. The City Commission shall appropriate funds to defray reasonable expenses of the
Districting Commission.
~ C-67. Date of adoption of initial districts.
The City Commission shall adopt by ordinance the initial geographic boundaries of the four (4) single-
member districts after receipt of a report by the Districting Commission containing recommendations
concerning such boundaries, but in no event shall such initial boundaries be adopted later than June 1, 1992.
Such ordinance shall designate four (4) single-member districts which will be identified in such ordinance as
District Nos. 1,2, 3 and 4.
~ C-68. Representation of districts.
In order to harmonize the terms of the present members of the City Commission with the form of
government establishment by this Article, it is hereby provided that effective upon the adoption of the initial
geographic boundaries of the single-member districts by the City Commission, each single-member district
shall be represented by an incumbent City Commissioner as set forth below:
A. District No.1 shall be represented by the City Commissioner previously elected to Seat No.1 for
the duration of such Commissioner's current elected term of office.
B. District No.2 shall be represented by the City Commissioner previously elected to Seat No.2 for
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-
the duration of such Commissioner's current elected term of office.
C. District No.3 shall be represented by the City Commissioner previously elected to Seat No.3 for
the duration of such Commissioner's current elected term of office.
D. District No.4 shall be represented by the City Commissioner previously elected to Seat No.4 for
the duration of such Commissioner's current elected term of office.
~ C-69. District residency requirements.
Effective upon the adoption of the initial geographic boundaries of the single-member districts by the
City Commission, the City Commissioners shall be required to comply with the following residency
requirements:
A. The Commissioners to be elected in November 1992 must be bona fide residents of their
respective districts as of the date of qualifYing to run for office in order to qualifY for and hold
office as a Commissioner for their respective districts. Thereafter the City Commissioners
representing said districts and elected to said seats must be bona fide residents of their respective
districts in order to qualifY for and to hold the office of Commissioner as required under 9 C-l1
of Article III of this Charter.
B. The Commissioners to be elected at the next general municipal election following the November
1992 election must be bona fide residents of their respective districts as of the date of qualifYing
to run for office in order to qualifY for and hold office as a Commissioner for their respective
districts. Thereafter the City Commissioners representing said districts and elected to said seats
must be bona fide residents of their respective districts in order to qualifY for and to hold the
office of Commissioner as required under 9 C-ll of Article III of this Charter.
C. Notwithstandinll anv orovision contained herein to the contrarv. anv member of the City
Commission who ceases to be a bona fide resident of the district which such member reoresents
as a result of redistrictinll or a chanlle in district boundaries by the City Commission shall
continue to hold office for the duration of such members' term and shall continue to reoresent
such district.
~ C-70. Annexed territory.
After the establishment of the initial geographic boundaries of the districts, any territory annexed to or
consolidated with the City of Ocoee shall, at the time of such annexation or consolidation, be added to an
adjacent district or districts by an ordinance of the City Commission which may be a part of the annexation or
consolidation ordinance.
~ C-71. Redistricting.
The City Commission shall, by ordinance adopted by a majority vote of all the members of the City
Commission, redistrict the geographic boundaries of each single-member district after each official decennial
census conducted by the United States Government and, to the extent permitted by law, after receipt of a report
ORLA 11083287 110/20/09)
37
by the Districting Commission containing recommendations, if any, for the adjustment of district boundaries as
required under S C-66 ofthis Article. District boundaries shall not be changed less than four (4) months prior to
a regular municipal election, except to include territory annexed to or consolidated with the city. All
redistricting of district boundaries shall be in accordance with the Constitutions and the laws of the United
States and of Florida and the provisions of S C-66C(4)(a) through (d) of this Article.
ORLA 11083287 (10/20/09)
38
arison b Workshare Professional on Wednesda , November 11, 2009 10:42:28 AM
interwovenSite://OHSPRDMS01/0RLA/1108328/1
11 08328v1 <ORLA> - Ocoee Charter
interwovenSite://OHSPRDMS01/0RLA/1108328n
11 08328v7 <ORLA> - v7 Ocoee Charter (Final Report as
a roved b Ci Commission October 2009
standard
Legend:
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Statistics:
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Insertions 83
Deletions 102
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Stvle chanQe 0
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Total changes 187