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HomeMy WebLinkAboutOrdinance 2001-05 WITHDRAWN AT FIRST READING ON JANUARY 16, 2001 ORDINANCE NO. 2001-05 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA PROPOSING CERT AIN AMENDMENTS TO THE CHARTER OF THE CITY OF OCOEE; PROVIDING FOR AN INCREASE IN THE NUMBER OF SINGLE-MEMBER DISTRICTS IN THE CITY FROM FOUR (4) TO FIVE (5); PROVIDING FOR A CHANGE FROM A MAYOR ELECTED CITYWIDE TO A MAYOR APPOINTED ANNUALLY BY THE CITY COMMISSION FROM AMONG THE FIVE (5) MEMBERS OF THE CITY COMMISSION; PROVIDING FOR THE TRANSITION FROM FOUR (4) TO FIVE (5) SINGLE-MEMBER DISTRICTS AND FOR THE TRANSITION FROM A MAYOR ELECTED CITYWIDE TO A MAYOR APPOINTED ANNUALLY BY THE CITY COMMISSION FROM AMONG THE FIVE (5) MEMBERS OF THE CITY COMMISSION; HARMONIZING THE TERMS OF OFFICE AND RESIDENCY REQUIREMENTS FOR THE MEMBERS OF THE CITY COMMISSION IN ORDER TO ACCOUNT FOR THE INCREASE IN THE NUMBER OF SINGLE-MEMBER DISTRICTS; PROVIDING FOR A REFERENDUM FOR APPROV AL OR REJECTION OF THE PROPOSED AMENDMENTS BY THE ELECTORS OF THE CITY OF OCOEE; PROVIDING FOR AND AUTHORIZING FURTHER ACTS TO IMPLEMENT THIS ORDINANCE; PROVIDING FOR SEVERABILITY AND CONFLICTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 166.031, Florida Statutes, provides that the governing body of a municipality may, by ordinance, submit to the electors of said municipality proposed amendments to its charter which amendments 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 of the City of Ocoee to the electors of the City at the next general municipal election to be held in March, 2001, all in accordance with Section 166.031, Florida Statutes. 006.205327.3 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 VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and Article VII of the Charter. SECTION 2. Proposed Amendments to Charter: Increase Number of Sin2le- Member Districts from Four (4) to Five (5) and Chan2e from a Mayor Elected Citywide to a Mayor Annually Appointed by the City Commission from amon2 the Members of the City Commission. (a) Text of Proposed Amendments. The City Commission of the City of Ocoee, Florida, pursuant to Section 166.031, Florida Statutes, hereby proposes amendments 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. (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 Amendments. The proposed amendments set forth in Subsection (a) above shall take effect on June 5, 2001, but only if approved by a majority of those qualified City of Ocoee electors voting on the proposed amendments at the general municipal election in March, 2001. 006.205327.3 -2- SECTION 3. Submission to Electorate. The proposed amendments to the Charter, as contained in Section 2 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, 2001. 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 4. Authorization for Further Acts. The City Manager (or Acting City Manager as the case may be) and the City Attorney of the City of Ocoee are authorized and directed: (1) 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 (2) To otherwise take all actions necessary or desirable to cause the proposed amendment to the Charter as set forth in this Ordinance to be subject to referendum at the general municipal election to be held in March, 2001. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Conflictin2 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 amendments are approved by a 006.205327.3 -3- majority of those qualified City of Ocoee electors voting on the proposed amendments at the general municipal election in March, 2001. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this _ day of , 2001. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, 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 ,2001. ADVERTISED ,2001 READ FIRST TIME ,2001 READ SECOND TIME AND ADOPTED ,2001 UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 006.205327.3 -4- EXHIBIT "A-I" TO ORDINANCE NO. 2001-05 (a) Text of Proposed Amendments. (1) 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. 88-28] B. 006.205327.3 A. 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"; too other four (1) shall be all being known and designated as "Commissioners." One (1) of the Commissioners shall also be known and designated as the Mavor and another of the Commissioners shall be known and designated as "Mayor Pro 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 or she represents on the City Commission. The Mayor and the Mayor Pro Tem shall both be elected aooointed from among the members of Commissioners by the City Commission but shall continue to represent the district in which such Commissioner they resides reside. The Mayor and the Mayor Pro Tem shall both be elected aooointed 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 and the Mayor Pro Tem shall both be elected aooointed at the first City Commission meeting following the swearing in of the candidates elected at such runoff election) and shall serve as Mayor and Mayor Pro Tem until the successor is elected aooointed. 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. Notwithstanding any of the foregoing, the Mayor shall be elected by the electors of the city at large at the March 2001 election. However. the oerson elected Mayor in the March 2001 election shall only serve as -5- Mayor until the June 5, 2001 meeting of the City Commission. The oerson elected Mayor in the March 2001 election shall. at the June 5, 2001 meeting of the City Commission. become a Commissioner at large, and shall serve as such until there is a redistricting of the city based on the 2000 Census and the number of single-member districts within the city is increased from four (4) to five (5), In addition, at the June 5, 2001 meeting of the City Commission. the City Commission shall aoooint one of its members to serve as Mayor. Nothing herein shall be construed as oreventing the City Commission from aooointing as Mayor the oerson elected as Mayor in the March 2001 election. Uoon creation of the fifth single-member district. the oerson elected Mayor at the March 2001 election shall no longer be a Commissioner at large, but shall become the Commissioner for the fifth district. (2) Section C-11 of Article III of the Charter of the City of Ocoee is amended to read as follows: ~ 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 serve as Commissioners. hold the offices of Mayor and Commissioner. Each candidate for too office of Mayor shall, at too 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 seeking to serve as a member of the City Commission 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 member of the City Commission Commissioner shall, during the entire term of office, be a bona fide resident of the single-member district which he or she such Commissioner represents. Notwithstanding the foregoing, uoon creation of the fifth single-member district, the oerson elected Mayor at the March 2001 election shall serve as the Commissioner for the fifth district without regard to anv residency requirements. All subsequent Commissioners of the fifth district shall meet the residency requirements set forth herein. (3) Subsection C of Section C-17 of Article II is amended to read as follows: ~ 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 or she lacks at any time during one's term of office any 006.205327.3 -6- 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 ~ C-lO. C. Filling of vacancies of Commissioners. 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, too Mayor Pro Tem shall serve as Mayor. until the successor is elected. The City Commission shall appoint a Commissioner to fill the vacancy created by the Mayor Pro Tem serving as Mayor; such Commissioner shall serve until such time as a Commissioner Mayor is elected. The successor to the office of Mayor or Commissioner shall be elected at the next general city election if such election is to be held within six (6) months of the vacancy. If a general city election will not be held within six (6) months, the successor shall be elected at a special election which shall be called by the City Commission within thirty (30) days of the vacancy. The successor shall serve for the unexpired term of the member who created the vacancy. If all members of the City Commission are removed at the same time, the Governor of the State of Florida shall appoint an interim City Commission that shall call a special election within thirty (30) days of appointment. D. Filling of vacancies in oosition of Mayor and Mayor Pro Tem. If a vacancy occurs in the office of Mayor or Mayor Pro Tem. the City Commission shall. at the City Commission meeting immediately following the vacancy. aoooint a successor from among the remaining Commissioners who shall serve out the remainder of the term of the vacated oosition. In the event of a vacancy in the office of Mayor. the Mavor Pro Tem shall serve as Mavor until the new Mavor is aooointed in accordance with this subsection. Nothing herein shall be construed as oreventing the Mayor or Mavor Pro Tem from resigning from their oosition as Mayor or Mayor Pro Tem and remaining on the City Commission to reoresent their single-member district. (4) Section C-20 of Article III is amended to read as follows: ~ 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 006.205327.3 -7- 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. (5) Section C-45 and C-46 of Article VII is amended to read as follows: ~ 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_07EN(8)] 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 members of the and City Commissiornm; shall be as follows: (1) 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. ill 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. ill Two (2) City Commissioners shall be elected for three-year terms at a regular municipal election to be held in March 2001 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.1 and Seat No.3. (3) The Remaining City Commissioner shall be elected as orovided for in Subsection B of Section C-9 above. Following the vacancy or comoletion of the term of the initial Commissioner for District Five. the subsequent District Five Commissioners shall be elected for three year terms at regular municioal elections to be held every three (3) years beginning in March 2004. Such Commissioners shall be elected to Seat No.5. (B) Notwithstanding the above, the term of office of any person elected as a member of the to the office of Mayor or the office of City Commissiongf 006.205327.3 -8- 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 as a member of the to the office of Mayor or the office of City Commissiongf 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 in the March 2001 election and the office of City Commissioner in the March 2001 election and all subsequent elections: A. In the March 2001 election any candidate for Mayor who receives a majority of the votes cast for such office shall be elected to serve as a Commissioner at large in accordance with Subiection B of Section C-9 above. 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. (6) Section C-50 of Article VII of the Charter of the City of Ocoee is amended to read as follows: ~ 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 006.205327.3 -9- the two (2) three (3) member Board consisting of City Commissioners who were not up for election. To the extent there are not three (3) City Commissioners who are not uo for election. then the additional member shall be aooointed bv the City Commission. The meeting of the Canvassing Board shall be held at 12:00 noon following the day of the election or as soon thereafter as is practicable. At such time, the Canvassing Board shall canvass the returns and shall declare the results of the canvass as the results of the election. A majority of the Canvassing Board shall constitute a quorum thereof. (7) Section C-65 of Article XI of the Charter of the City of Ocoee is amended to read as follows: ~ C-65. Single-Member Districts [Added 9-20-1988 by Ord. No. 88-28] The City of Ocoee 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 of the City of Ocoee. Provided. however. that uoon redistricting based on the 2000 Census. the city shall be divided into five (5) single-member districts effective uoon adootion of such redistricting by the City Commission for the City of Ocoee. (8) Section C--66 of Article XI of the Charter of the City of Ocoee is amended to read as follows: ~ 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 006.205327.3 -10- 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 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. (2) Vacancies. If any vacancy occurs in the Districting 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 Districting Commission shall serve as an advisory body to the City Commission with respect to the establishment of initial geographic boundaries of the four (4) single-member districts of the City of Ocoee. Each new Districting Commission shall serve as an advisory body to the City Commission with respect to the redistricting of such boundaries. (2) Upon its initial appointment in 1991, the Districting Commission shall review the most current, official census data, together 'Nith all other data relevant to the establishment of initial geographic boundaries of the four (1) single member districts, and shall prepare a report to the City Commission that contains recommendations concerning such boundaries. 006.205327.3 -11- 006.205327.3 (3) Upon appointment of a new Districting Commission in -l-9% 2001, and every five (5) years thereafter, the Districting Commission shall review the geographic boundaries of the few: {4} five (5) single-member districts in light of the most current, official census data, together with all other data relevant to the redistricting of geographic boundaries. The Districting Commission shall 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. (d) All reports contammg 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 subsequent redistricting of establishment of the initial geographic boundaries of the four (~) 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, -12- unless the Districting Commission fails to deliver its report by the deadline established by the City Commission. (9) Sections C-67, C-68 and C-69 of Article XI of the Charter of the City of Ocoee are amended to read as follows: ~ C-67. Date of adoption of initial districts. A. 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. B. The City Commission shall adoot by ordinance the geograohic boundaries of the five (5) single-member districts after receiot of a reoort by the District Commission containing recommendations concerning such boundaries. but in no event shall such initial boundaries be adooted later than June 1. 2002. ~ 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 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. 006.205327.3 -13- E. District No.5 shall be reoresented by the Mayor oreviouslv elected for the duration of the Mayor's term. ~ 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: 006.205327.3 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 ~ C-ll of Article III of this Charter. B. Subiect to Subiection B of Section C-9 and Section C-ll of Article III above, 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 ~ C-ll of Article III of this Charter. C. In the event subsequent re-districting results in a commissioner not residing within the new geograohical boundary of the commissioner's new single-member district. then such Commissioner shall continue to serve for such district through the end of such Commissioner's elected term of office. -14- EXHIBIT" A-2" TO ORDINANCE NO. 2001-05 (b) Ballot Question: BALLOT QUESTION #1 CHARTER AMENDMENT TO INCREASE THE NUMBER OF SINGLE-MEMBER DISTRICTS FROM FOUR TO FIVE AND TO CHANGE THE OFFICE OF MAYOR FROM A POSITION OF BEING ELECTED CITYWIDE TO A POSITION ANNUALLY APPOINTED BY THE CITY COMMISSION FROM AMONG THE MEMBERS OF THE CITY COMMISSION. Shall the above-described amendment be adopted? Yes No 006.205327.3 -15-