HomeMy WebLinkAboutOrdinance 2009-030 Amendments to the Charter
ORDINANCE NO. 2009-030
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 TIDS 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
ORLA_1464086.1 (as amended 12/1/2009)
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 ofOcoee 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 fmds 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 166.031,
Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authoritv. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida, Chapter 166, Florida Statutes, and Articles VII and X of the Charter.
SECTION 2. Proposed Amendment to Charter: Censure of Member of 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 "A-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 "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 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 "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.
ORLA_1464086.1 (as amended 12/112009)
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SECTION 4. Proposed Amendment to Charter: Termination of City
Mana!!er.
(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-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 "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: Canvassin!! Board and
Conduct 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-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
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ballot in the form as set forth in Exhibit "D-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 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-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 "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.
ORLA_1464086.1 (as amended 12/112009)
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SECTION 7. Proposed Amendment to Charter:
Requirements.
District Residencv
(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-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 "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, 2010.
SECTION 8. Proposed Amendment to Charter: Fillin!! 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-1" 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 "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: Noticine: of Commission Special Meetine:s: Deputy City
Clerk: Adoption of Bude: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-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 "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, ofthis 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, 2010. Such election shall be held in conformity with the laws of the State of Florida and
the ordinances ofthe 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 ofOcoee 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, 2010.
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 ofthe 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 proposed amendment 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 /5'Tday of 'Dwm bol , 2009.
ATTEST:
~~
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS 10 FORM AND
LEGALITY this Ht. day of nt" <N\!xrj
2009.
::LE?J:}~~
City Attorney
ORLA_1464086.1 (as amended 12/112009)
APPROVED:
CITY OF OCOEE, FLORIDA
~.27t {) a--tJ
S. Scott Vandergrift, Mayor
ADVERTISED 1J O{etYlPer 24-2009
READ FIRST TIME November 17, 2009
READ SECOND 1lME AND ADOPTED
De~~ , ,2009
UNDER AGENDA ITEM NO. I 3
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EXHIBIT "A-I"
TO ORDINANCE NO. 2009-030
(a) Text of Proposed Amendment. Section C-lO 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.
ORLA_1464086.1 (as amended 12/1/2009)
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EXHIBIT "A-2"
TO ORDINANCE NO. 2009-030
(b) Ballot Ouestion:
BALLOT QUESTION #1
CHARTER AMENDMENT PERMITTING THE CITY COMMISSION TO CENSURE
ITS MEMBERS.
Shall the above-described amendment be adopted?
Yes
No
ORLA_1464086.1 (as amended 12/1/2009)
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EXHIBIT "B-1 "
TO ORDINANCE NO. 2009-030
(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.
^
.L 1.
Initiatbe and referenamTl geneFa:lly.
(1) Initiatiye. The qualified eleetors of the city shall ha'le the pO','/er to propose
Ofdin8:Ilees to the City COInmission, ana if the City Commission fails to
adopt an ordinanee so proposed without any ehange in sl:1bstanee, sl:1eh
eleetors shall have the pO't'.'er to adopt or rejeet it at a eity eleetion,
provided that sl:1eh power shall not extend to the b\:ldget or eapital program
or any ordiBBftee relatiag to apprElpriation Elf money, levy of taxes or
salaries Elf city offieers or employees.
(2) RefereaOOm. The q\:lalified eleetors of the eity shall have the pO'.ver to
req\:lire reeonsideration by the City CommissiElB of any adopted ordinance,
and if the City Commission fails to repeal an ordinanee so reconsidered,
s\:lch eleetors shall htwe the pO'over to apprElve or rejeet it at a eity eleetioa,
provided that s\:leh power shall not extend to the budget, eapital program,
aft)' emergeney ordiB8:Ilee or any ordinanee relating to appropriation of
money, le'l)' of taxes or salaries of city offieers or employees.
B. Commeneemeftt of proeeediags. ,^J}y fiye (5) q\:lalified electors may eommeace
initiati'/e or referendl:1ffi proeeediFlgs by filiFlg '.'lith the City Clerk an affidavit
stating that they v:ill eonstiwte the petitioFlers' committee Bftd be responsible for
circulating the petition and filing it iFl proper f-orm, stating their names and
adlkesses and sfleeifying the adlkess to whieh all Flotiees to the eommittee are to
be seftt Md setting om: iFl full the proposed iFlitiative ordinance or citing the
ordinMee sO\:lght to be reeonsidered.
C. PetitioBs. Eooh initiative or refereadum petitioFl filed \vith the City Clerk shall
eomply with the follo...:ing reqwrements, and any faihxe to eomply '.yith anyone
(1) or more of the follo'.ving req\:liremeats shall renGer the petition iFlsl:1ffieient:
(1) Nmnber of signamres. Iffitiative Md referendum. petitions must be signed
by ql:1a1ified eleetors of the eity equal in oomber to at least tea percent
(10%) of the total OOfl'lber of qualified electors registered to vote at the last
regl:11ar city eleetiofl.
(2) Form and content. ,^Jl papers of a petition shall be uniform in size afld
style and shall be assembled as oFle (1) instrument for filing. Eooh
sigaature shall be 6xeeuted iFl ink or iFldelible peneil and shall be followed
by the adlkess and the fully priFlted name of the person signing. PetitioBs
shall oontain or have attaehed thereto, throughom their cireulatioFl, the full
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text of the erdiBanee proposed or SOl:lgflt to be reeonsidered. Petitions shall
also eontain a statement above eaeh signature that the signer had an
opportunity to read the ordinance Before signing.
(3) .^..ffida'/it of eifeulator. Eaeh paper of a petition shall ha'le attoohed to it
v.hen filed an affidavit e~{eeQted by the eireulator thereof stating the
address and fully printed name of the eirel:llator, that the cirel:llator
personally eirel:llated the paper, the number of sigl'latures thereon, that all
the sigBatures \vere affi}{E~d in the eiret:llator's presenee, that the eirculator
belie'/es them to be tRe geooil'le signatures of the persons whose names
they pl:l:Tport to be and that eooh signer had an opportunity before signing
to read the full te~{t of the ordinanee proposed or sOl:lght to be
reeonsidered.
D. Procedure for filing. [fABleaded 1 S 1999 Ity OFd. Ne. 99 Or!
~ EditeF'S Nete: This eFdiaaaee was appl'eved Ity the eledeFilte ef the City ef Oeeee Ity
refeFeadllBl 3 9 1999. Said eFdiaaaee alse pl'evided feF aa effedive date ef (; 1 1999.
(1) Certifieate of City CierI,; amendment. Within thirty (30) days after an
initiatiye petition or refereHEk:tm petition is filed, the City Clerk shall
eomplete a eertificate as to its sl:lffieiel'ley, speeifying if it is insl:lffieient
the partieulars v;herein it is def-eetive, and shall send a eopy of the
eertificate to the petitieners' eommittee by eertified mail. Grounds for
insl:lffieieney are only those speeified in S1:1bseetion C hereiflabove. .^..
petitiel'l eertified ins\:lffieient may be amel'lded Ol'lee, provided that the text
of the petitiofl is Rot substantially ehaRged in any way and the petitiol'lers'
committee files a notiee ef intentioB te amend it 'lAth the City Clerk vAthin
se'/el'l (7) days after reeeiying a copy of the eertifieate and files a
sl:1pplemeBtary petitieB l:1pOfl additional papers '.vithin tel'l (10) days after
reeei'iiBg the eopy ef sueh eertifieate. Sueh supplementary petition shall
comply with the reqmrements of S\:lbsectioB C hereinabove. '.vithin seven
(7) days after it is filed, the City Clerk shall eomplete a eertifieate as to the
suffieieney of tRe petition, as amended, and shall promptly send a eopy of
sueh eertifieate to the petitioBers' eemmittee by eertified mail as iB the
ease of an original petition. If a petition or amended petition is eertified
insl:lffieient and the Petitioners' Committee does not eleet to amend or
request City CommissioB revie'.v ooder S1:tbseetion D(3) of this seetion
':iithin the time required, the City Clerk shaH prolBfltly present its
oertifieate to the City CommissioB, and the eertifieate shall thel'l be a final
determiaation as to the suffieieney of the petitioB.
(2) :\ssistaRee to the City Clerk. The City Clerk may, '.vithiB his sole
diseretioB, seek the assistaftee of the Sl:1pervisor of Eleetions f{)r Orange
County, Florida, iB perfermiBg the City Clerk's d1:lties herelHlder. IB s\:lea
8Yent, the City Clerk shall remain respensible for eertifying the suffieiel'ley
of all petitions, iBell:ldiBg aHlel'lded petitions.
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(3) City Commission reyiew. If a petition. has been certified insuffieieflt and
the petitiofters' eommittee does not file notiee of intention to amend it or if
an amended petition has been eertified insuffieieflt, the eommittee may,
v.ithin seven (7) days after reeeiving the eopy of sHeh eertifieate, file a
request that it be re'lie'.ved by the City Commission. The City Commission
shall revievl the eertifieate at its neKt meeting follo'.ying the filing of sueh
request ood appro';e or disaflproye it. The City Commission's
determination shall be a final determination as to the suffieieney of the
petition.
E. Referendum petitions; suspension of effeets of ordiflanee.
(1) Whefl a referendum petitiofl is filed ',vith the City Clerk, the ordinanee
sought to be reeonsidered shall be suspended from taking eff-eet if it has
not alreaay beeome effeetive as of the date of filing the ref-erendwn
petition. Sueh sl:lspensiofl shall terminate ',vhefl:
( a) There is a final determiflation of insuffieiefley of the petition;
(e) The petitioners' eommittee witluimws the petitiofl;
(e) The City Cemmissiefl repeals the ordinance; or
(d) /\. vote Ofl the ordinaBee by the eleetors of the eity has been
eertified.
(2) The filing of a referendum petitiofl shall flOt aff-eet the validity of or
enf-ereemeflt of the erdinanee SOl:lght te be reeoflsidered if sueh ordiflanee
is effeetive Ofl t.ae date ef filing sueh referendum petition.
F. ,^~etion on petitiofls.
(1) ,^"etion by City Commission. When an initiative or ref-erendum petition has
been finally determined saffieient, the City Commissiofl shall promptly
eOflsider the propesed initiatiye ordiflanee ifl the ffianFler proyided in
j\rtiele III or reeonsider the ref-erred ordiflanee by veting on its repeal. If
the City Commissien fails to aaopt a propesed initiative ordinanee v/ithout
any ehaage in sl:lbstanee \\'ithin forty five (45) days or fails to repeal the
referred oroinanee '.vithifl forty five (45) days, it shall submit the proposed
or referred ordinanee te the eleetors of the eity.
(2) Sl:lbmissiofl to eleetors. The proposed or referred ordinanee shall be
sl:lbmitted to the eleetors of the eity not less than ninety (90) aays and flOt
later than one lmndred fifty (150) days [rem the date that the petitien was
determined suffieient. If no regular eity eleetioR is to be held withifl the
periods deseribed ifl this sl:lbseetiefl, the City Commission. shall proyide
for a speeial eleetion to Be held withifl the above deseribea period. Copies
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of the proposed or referred ordinanee shall be made available at the polls
and at City Hall.
(3) 'Hithdrav;al of petitions. ,^Jl initiati'.'e or referendum petition may be
withdrw.vn at any time prior to the 15th day preeeding the date on ':Alieh
the proposed or referred ordinanee is to be sMbmitted to the eleetors of the
eity by filing ..lith the City Clerk a properly Rotanzed request for
v.ithdraw.aJ sigaed by at least fOl:1f (1) members of the petitioners'
eommittee. Upon the filing of sMeh reql:lest, the petitioR shall have ao
further foree or effeet, and all proeeedings thereon shall be termiRated.
G. ResMlts of eleetion.
(1) Initiati'/e. If a majority of the qaalified eleetors yotiag on a proposed initiative
ordiRanee vote in its fayor, it shall be 00nsidered adopted upon
eertifieation of the eleetioR results and shall be treated iR all respeets in the
same manner as ordinanees of the same kind adopted by the City
Commission. If eonflieting ordiaanees are approved at the sam.e eleetion,
the one receiving the greatest Rumber of affirmative votes shall prevail to
the extent of sueh eonfliet.
(2) Referendum. If a majority of the qualified eleetors yotiRg OR a referred ordinanee
vote against it, it shall be eonsidered repealed upOR eertifieation of the
eleetion results.
H. Repeal of ordinanees adopted by eleetor.aJ votes. No ordinanee adopted by an
eleetoral yote shall be ref>ealed or amended exeept by an eleetoral vote, but an
ordinanee to repeal or amend any sMeh ordinanee may, by resoll:lt:ion of the City
CommissioR, be submitted to an eleetoral vote at any regl:llar eleetion or at any
speeial eleetion, provided that notiee of the intefltion to do so is published not
more than six:ty (60) days nor less than thirty (30) days prior to sueh eleetioR.
A. Initiative Ordinance. Anv orooosed ordinance mav be submitted to the City
Commission bv a oetition sil!ned bv ten (10%) of the total number of aualified
rel!istered voters of the City of Ocoee as of the last orecedinl! municioal I!eneral
election. Within six (6) weeks after filinl! of such oetition. the City Commission
mav oass said ordinance. or shall call a soecial election to be held within ninety
(90) davs. 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 votinl! on
the nrooosed ordinance shall vote in favor thereof. then the ordinance shall
thereuoon become a valid ordinance of the Citv. Anv number of orooosed
ordinances mav be voted uoon at the same election accordinl! to the nrovisions of
this section.
B. Referendum Ordinance. Exceot for emerl!encv ordinances. every ordinance shall
take effect ten (1 Q) davs after its oassal!e. unless a lonl!er time be named therein or
unless otherwise orovided bv law. Iforior to the takinl! effect of anv ordinance. a
ORLA_1464086.1 (as amended 12/1/2009)
-16-
oetition sil:med bv ten (10%) of the total number of aualified rel!istered voters of
the City of Ocoee as of the last orecedinl! municioall!eneral election shall be filed
with the City Commission orotestinl! al!ainst the enactment of such ordinance.
then such ordinance shall be susoended from takinl! effect. Thereuoon. unless the
City Commission shall. within six (6) weeks after the filinl! of such oetition.
reconsider or reoeal such ordinance. the same shall be submitted to an election to
be held as orovided in oaral!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 mav on its own motion submit to the
oooular vote for the adootion or reiection of anv orooosed ordinance. If a maioritv
of the aualified voters votinl! on the orooosed ordinance shall vote in favor
thereof, then the ordinance shall thereuoon become a valid ordinance of the Citv.
Anv number of orooosed ordinances mav be voted uoon at the same election
accordinl! to the orovisions of this section.
ORLA_1464086.1 (as amended 12/1/2009)
-17-
EXHIBIT "B-2"
TO ORDINANCE NO. 2009-030
(b) Ballot Question:
BALLOT QUESTION #2
CHARTER AMENDMENT ADOPTING NEW PROCEDURES FOR THE VOTERS
TO INITIATE THE ADOPTION AND REPEAL OF ORDINANCES BY INITIATIVE
AND REFERENDUM AND FOR THE CITY COMMISSION TO SUBMIT
ORDINANCES TO THE VOTERS FOR APPROVAL.
Shall the above-described amendment be adopted?
Yes
No
ORLA_1464086.1 (as amended 12/1/2009)
-18-
EXHIBIT "C-l"
TO ORDINANCE NO. 2009-030
(a) Text of Pro Dosed 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 of 6-1-1999.
The City CommissioB may terminate the employmem of the City Memager iB aeeordanee
'.vith the followiBg proeedures:
^
L ....
The City Commissiofl shall adopt by affirmative '/ote of a majority of all its
members a prelimiBary resolutiofl statiag its inteBtion to terminate the
employment of the City Manager and sueh preliminary resolution may also
suspend the City MaBager from duty f{)r a period Bot to exeeed forty fiye (15)
days. A eopy oft.he resohJtioB shall be aelivered promptly to the City Manager.
B.
VlithiB five (5) days after a eopy of the resolution is deliyered to the City
Manager, the City Manager may file ....ith the City CommissioB a written reply
and/or a vmtten req\:lest for a pablie hearing. If requested, this hearing shall be
held at a regular or speeial City Commission meetiBg 8:0 earlier than fifteen (15)
days and 8:0 later than thirty (30) days after the req\:lest is filed.
C.
The City CommissioFl may adopt by affirmative ';ote of a majority of all its
members a final resoll:ltiofl termiFlating the employment of the City Manager,
'.mieh may be made effeetive immediately upon adoptiofl. Such resolm:ion may be
adopted at emy time after five (5) days from the date a eopy of the prelimiFlary
resolutioFl was deliyered to the City Manager, if the City Manager has FlOt
requested a publie heariFlg. If the City Manager has req\:lested a heaflBg, s\:leh
resolutiofl may be adopted at any time after the heari8:g. IFl the event that the City
Commission fails to terminate the City Manager in the manner provided
hereunder vlithin forty five (15) days from the date of adoptioFl of the prelimiFlary
resolm:iofl, thefl the City Manager shall amomatieally be reinstated if the
prelimiFlIll)' resolm:ion suspElflded the City Manager and the prelimiaary resol\:ltion
shall thereafter BO 10flger be of any foree or effeet.
D.
The City Manager shall eontilRle to reeeive a sallll)' dwing the period of
suspeflsioB afld, if termiFlflted, shaH reeeive a salary until the effeetive date of a
fiFlal resolutioB of terminatiofl. The ootion of the City Commission in s1:lspending
or termiFlflting the City Manager shall not be subject to review by any eomt or
age8:ey. 1\ 8:oIll'ene\val of the City Manager's employmem agreement '.yith the eity
shall not eonstit1:1te a terminatioB here\iflaer requiring eomplianee ....ith the
provisions of this seetion in order to terminate emtlloymeFlt.
ORLA_1464086.1 (as amended 12/1/2009)
-19-
E. The proeedUfes set f-orth herein shall also be applieable to a terminatioN of an
employment agFeement vlith the City Manager; pro~/ided, hov/ever, that if sueh
employment agreement req\:1ires that a termination be for €la-use, then the
prelimiaary and fiNal Fesolutions shall set forth the Offi:lse for termination.
If the City Manal!er declines to resil!n at the reQuest of the City Commission. the
City Commission mav susnend the City Manal!er bv resolution annroved bv a maioritv of
the total membershin of the City Commission. A conv of such resolution shall be served
immediatelv unon the City Manal!er. The City Manal!er shall have fifteen (15) davs in
which to renlv thereto in writim!. and unon reQuest. shall be afforded a nublic hearinl!.
which shall occur no earlier than fifteen (15) davs nor later than thirty (30) davs after such
hearinl! is reQuested. After the nublic hearinl!. if one is reQuested. and after full
consideration. the City Commission mav. bv a maioritv vote of its total membershin.
adont 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 of the City
Manal!er's emnlovment al!reement with the city shall not constitute a termination
hereunder reQuirinl! comnliance with the nrovisions of this section in order to terminate
emnlovment. The nrocedures set forth herein shall also be annlicable to a termination of
an emnlovment al!reement with the City Manal!er: nrovided. however. that if such
emnlovment al!reement reQuires that a termination be for cause. then the resolutions
discussed above shall snecificallv set forth the cause for termination.
ORLA_1464086.1 (as amended 12/1/2009)
-20-
EXHIBIT "C-2"
TO ORDINANCE NO. 2009-030
(b) Ballot Ouestion:
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 (as amended 12/1/2009)
-21-
EXHIBIT "D-l "
TO ORDINANCE NO. 2009-030
(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. +he 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,--tlHd 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 two (2) City Commissioners '.~o ',':ere Bot up for oleetion, slieh
meetil'lg to be held at 12:00 BOOB follo'.vil'lg the day of the eleetioB or as SOOB thereafter as is
praetieable. }1t sHeh 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 election,:, in a manner orovided bv city ordinance or as otherwise reauired bv law. A
majority of the Canvassing Board shall constitute a quorum thereof. Notwithstandilll! the
forel!oilllz. with the al!reement of the Oranl!e County Canvassinl! Board and Oranl!e County
Suoervisor of Elections. the City Commission mav. bv ordinance. assil!n and abdicate the
canvassinl! resoonsibilities of the City Canvassinl! Board to the Oranl!e County Canvassinl!
Board. In such event. the Oranl!e County Canvassinl! 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 bv law.
ORLA_1464086.1 (as amended 12/1/2009)
-22-
EXHIBIT "D-2"
TO ORDINANCE NO. 2009-030
(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 (as amended 12/1/2009)
-23-
EXHIBIT "E-l "
TO ORDINANCE NO. 2009-030
(a) Text of Proposed Amendment. Section C-59, C-60, C-61 and C-62 of Article X of the
Charter of the City ofOcoee is amended 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 (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 anv member absent from a Charter Review
Commission meetimz.
~ 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:
(1) The City Commission shall adopt by affirmative vote of a majority of all
its members a preliminary resolution which must state the reasons for
removal. A copy of the resolution shall be promptly delivered to the
member of the Charter Review Commission sought to be removed.
(2) Within five (5) days after a copy of the resolution is delivered to the
member sought to be removed, such member may file with the City
Commission a written reply and/or a written request for a public hearing.
This hearing shall be held at a City Commission meeting no earlier than
fifteen (15) days and no later than thirty (30) days after the request is filed.
(3) The City Commission may adopt by 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 (as amended 12/1/2009)
-24-
~ C-61. Powers and duties.
The Charter Revie..; Commission shall serve as afl advisory body to the City Commission
'.vith respect to the Charter. The Charter Review Cmnmission shall review the Charter of the City
of Oeoee as to legality, form and eoatent and sfla.ll prepare a report to the City Commission of
any reeotnmended 8fl'lendmeats afld re';isions to the Charter.
The Charter Review Commission shall be emoowered to conduct a comorehensive studv
of anv or all ohases of city Qovemment. A Charter Review Commission mav. durinQ its term.
olace orooosed amendments and revisions of the Charter on the ballot at Qeneral municioal
elections onlv. orovided a reoort of the orooosed chanQes has been delivered to the City Clerk at
least ninety (90) davs orior to the election. or as otherwise mav be reauired bv law. Such
amendments or revisions do not reauire the aooroval of the City Commission.
~ C fil. Ree81BIBeBdati8Bs t8 the City C81BlBissi8B.
The above meationed report shall be soomitted to the City Commission in aeeordaflee
with sueh deadlines as may be established by the City Commission or as may otherwise be
required by la'..;. 'ATithil'l two (2) months of the reeeipt of aflY Sl:leR r€lflort, the City Commission
shall aeeept or rejeet the reeommendations eontainea tRereil'l, or the City Commission may send
sueR report baek to tRe Charter Review Commission for further study and consideration. Any
proposed Charter amendments aceepted by the City Commission shall be adopted by ordinaflee
afld soomitted to the ele€ltors of the €lit)' for €lonsideration no later thtm. the next general IRl:1flieipal
eleetion or at a special ele€ltion €lalled by the City Commissiol'l for sueR purposes.
S C-62. rRenealedl
ORLA_1464086.1 (as amended 12/1/2009)
-25-
EXHIBIT "E-2"
TO ORDINANCE NO. 2009-030
(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 (as amended 12/1/2009)
-26-
EXHIBIT "F -1 "
TO ORDINANCE NO. 2009-030
(a) Text of Pro Dosed 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:
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 S C-11 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 S C-11 of Article III of this Charter.
C. Notwithstandim! anv orovision contained herein to the contrary. 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 redistrictim! 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.
ORLA_1464086.1 (as amended 12/1/2009)
-27-
EXHIBIT "F -2"
TO ORDINANCE NO. 2009-030
(b) Ballot Question:
BALLOT QUESTION #6
CHARTER AMENDMENT CLARIFYING THAT 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,l (as amended 12/1/2009)
-28-
EXHIBIT "G-l "
TO ORDINANCE NO. 2009-030
(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 Tem UfO 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 UfO tem serving
as Mayor; such Commissioner shall serve until such time as a Mayor is elected.
The successor to the office of Mayor or Commissioner shall be elected at the next
general city election if such election is to be held within six (6) months of the
vacancy. If a general city election will not be held within six (6) months, the
successor shall be elected at a special election which shall be called by the City
Commission within thif:ty-~ (~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 tffifty-ninetv (J.G-2Q) days of appointment.
ORLA_1464086.1 (as amended 12/1/2009)
-29-
EXHIBIT "G-2"
TO ORDINANCE NO. 2009-030
(b) Ballot Ouestion:
BALLOT QUESTION #7
CHARTER AMENDMENT PROVIDING THAT SPECIAL ELECTIONS TO FILL A
V ACANCY ON THE CITY COMMISSION WILL BE HELD WITHIN 90 DA YS OF
THE V ACANCY RATHER THAN 30 DAYS.
Shall the above-described amendment be adopted?
Yes
No
ORLA_1464086.1 (as amended 12/1/2009)
-30-
EXHIBIT "H-l"
TO ORDINANCE NO. 2009-030
(a) Text of Pro Dosed 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 10callZovernment resoonsive to the will and values of our citizens.
do herebv adoot and ratify this charter to define the Dowers and structure of our
lZovernment. Bv this action. we secure the benefits of home rule and affirm the
values of reoresentative democracv. orofessional manalZement. stronlZ oolitical
leadershio. citizen oarticioation. and relZional coooeration. We believe in an ooen.
resoonsive lZovernment that abides bv the hilZhest ethical standards and ooerates as
a careful steward of the human. fiscal and natural resources of our city.
(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 (includinlZ
reclaimed water svstems), 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) Section C-9 of Article III of the Charter of the City of Ocoee is amended to
read as follows:
~ C-9. Created; composition, designation, election generally. [Amended 9-
20-1988 by Ord. No. 88-28J
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
ORLA_1464086.1 (as amended 12/1/2009)
-31-
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 Dro 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 Tem UfO tem 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 Tern Dro
tern until the successor is elected. The City Commission shall hold office in the
manner hereinafter provided and shall constitute the governing body and
authority of the City of Ocoee with all the powers and privileges herein granted
and provided. Except as otherwise provided in this Charter, whenever this
Charter contains a reference to "all members of the City Commission", such
reference shall include the entire City Commission and shall not be construed to
include only those members present and voting.
(iv) Section C-13 of Article III of the Charter of the City of Ocoee is amended
to read as follows:
~ 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 of the City Commission upon at least twenty-four (24)
hours' notice to the public and at least twenty-four (24) hours' >;fritten notice to
each member of the City Commission, served contacted personally or left at their
usual. plaee 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 Tem. UfO 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
ORLA_1464086.1 (as amended 12/1/2009)
-32-
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 (as amended 12/1/2009)
-33-
(v) Section C-14 of Article III of the Charter of the City ofOcoee is amended
to read as follows:
~ 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 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 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.
(vi) Section C-16 of Article III of the Charter of the City of Ocoee is amended
to read as follows:
~ C-16. C8BlpeBsati8B Salarv; expenses.
The City Commission may determine the annual salary of the Mayor, the Mayor
Pro Tern UfO 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 Depl:lty Actin!! City Clerk, the City
Manager may then designate a qualified individual to serve as a Depl:lty
Actin!! City Clerk.
ORLA_1464086,l (as amended 12/1/2009)
-34-
(2)
The Dep1:lty Actim! 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 L^1etiflg 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 Clerk is appointed by the City
Manager.
(ix)
to read as follows:
Section C-30 of Article V of the Charter of the City of Ocoee is amended
~ 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 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 (as amended 12/1/2009)
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(x)
to read as follows:
Section C-36 of Article VI of the Charter of the City of Ocoee is amended
~ C-36. Capital Improvement Program.
A. The City Manager shall prepare and submit to the City Commission a five-year
capital program at least thfee (3) menths prior te the final date f{)r submission of
the b1:ldget as part of the annual 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 aB:n1:lal eost of operatiag afld maimaiaing the faeilities to be
eonstrneted or aeq\:1ired. The amount of budget appropriated in prior fiscal
years. if any. for each such improvement.
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. At any time during the fiscal year. the City Commission may. bv resolution. add.
delete. or revise the scope and funding of capital proiects contained in the Capital
Improvement Program.
(xi) Section C-37 of Article VI ofthe Charter of the City ofOcoee is amended
to read as follows:
~ 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) ~
but no mere thafl 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 (as amended 12/1/2009)
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EXHIBIT "B-2"
TO ORDINANCE NO. 2009-030
(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; REVISING THE CAPITAL IMPROVEMENT PROGRAM ADOPTION
PROCESS; AND CHANGING THE NOTICE REQUIREMENTS FOR ADOPTION OF
THE BUDGET.
Shall the above-described amendment be adopted?
Yes
No
ORLA_1464086.1 (as amended 12/1/2009)
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