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Home My WebLink AboutItem #10 Second Reading of Ordinance Amending Section 5-12 of the City Code Governing Absentee Voting to Designate such Absentee Voting as “Vote-by-Mail,” as is Consistent with Recent Changes to the Election StatutesH011do AGENDA ITEM COVER SHEET Meeting Date: February 20, 2018 Item # /[/ Reviewed By: Contact Name: Melanie Sibbitt Department Director: Contact Number: 1026 City Manager: n Subject: Second Reading of Ordinance Amending Section 5-12 of the"'City Code Governing Absentee Voting to Designate such Absentee Voting as "Vote -By -Mail," as is Consistent with Recent Changes to the Election Statutes Background Summary: The first reading of this ordinance was held on February 6, 2018. The City has determined that citations to State Statute contained within and incorporated into Section 5-12 of the City Code governing absentee ballots are in need of correction in light of a recent amendment by the Legislature to the relevant election statute. The Legislature has recently amended the election statutes to use the term "vote -by -mail" ballot instead of "absentee" ballot, and the City finds that it is appropriate to similarly amend Section 5-12 of the City Code with respect to such terms. Issue: Should the Honorable Mayor and City Commission adopt the Ordinance amending Section 5-12 of the City Code governing Absentee Voting to designate such Absentee Voting as "Vote -By -Mail," as is consistent with recent changes to the election statutes? Recommendations: Staff recommends the Honorable Mayor and City Commission adopt the Ordinance amending Section 5-12 of the City Code governing Absentee Voting to designate such Absentee Voting as "Vote -By - Mail," as is consistent with recent changes to the election statutes. Attachments: Ordinance Financial Impact: None Type of Item: (please mark with an 'V) Public Hearing Ordinance First Reading x Ordinance Second Reading Resolution Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution For Cleric's Dept Use: Consent Agenda x Public Nearing Regular Agenda Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A ORDINANCE NO.: AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 5-12 OF THE CITY CODE GOVERNING ABSENTEE VOTING TO DESIGNATE SUCH ABSENTEE VOTING AS "VOTE - BY -MAIL," AS IS CONSISTENT WITH RECENT CHANGES TO THE ELECTION STATUTES; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City has determined that citations to State Statute contained within and incorporated into Section 5-12 of the City Code governing absentee ballots are in need of correction in light of a recent amendment by the Legislature to the relevant election statute; and WHEREAS, the Legislature has recently amended the election statutes to use the term "vote -by -mail' ballot instead of "absentee" ballot, and the City finds that it is appropriate to similarly amend Section 5-12 of the City Code with respect to such terms; and WHEREAS, the City finds that this ordinance is in the interests of the public welfare, health and safety and serves a public purpose. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. Section 2. 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 and Chapter 166, Florida Statutes. Page 1 Section 3. Amendment of City Code. Chapter 5, Article I, General Provisions, Section 5-12 of the Code of Ordinances, City of Ocoee, Florida, is hereby amended as follows (words that are stricken out are deletions; words that are underlined are additions): § 5-12. Vote -By -Mail Voting. A. The term "absentee elector" shall mean any qualified elector who is authorized by the Florida Statutes to vote by vote -by -mail ballot. Such person may cast a vote -by -mail ballot upon compliance with the absent electors provisions of this section. B. Vote -by -mail voting in the municipal elections provided for in this Article shall be permitted and governed by the provisions of the Florida Statutes governing vote -by -mail ballots, and such provisions are hereby adopted as a means of providing for vote -by -mail voting in the municipal election, provided that all forms required to be prepared by the City Clerk and executed in her presence shall be prepared by the City Clerk but may be deposited by her with the Supervisor of Elections of Orange County, and all functions of the City Clerk in connection with the handling of such vote -by -mail ballots, including, but not limited to, the verification of signatures, the handling of applications therefor, the issuance of the ballot and receipt and disposition of ballots, may be handled by the Supervisor of Elections of Orange County, except that all vote - by -mail ballots for voting in the municipal election received by the Supervisor of Elections shall be turned over and delivered to the City Canvassing Board, and such ballots shall be canvassed by the City Canvassing Board in the manner prescribed by Florida Statutes. Section 4. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word 'ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. Section 5. Conflicts. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such conflict. Page 2 Section 6. Severability. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this day of , 2018. APPROVED: ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2018. SHUFFIELD, LOWMAN & WILSON, P.A. Bv: City Attorney CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor ADVERTISED , 2018 READ FIRST TIME , 2018 READ SECOND TIME AND ADOPTED , 2018 UNDER AGENDA ITEM NO. Page 3 COPY OF ADVERTISEMENT Date Published and Media Name i Thursday. February 8.2018 The West Orange Times 3B Advertisement or Article FIRST INSERTION CITY OF OCOEE PUBLIC HEARING A Public Hearing before the Ocoee City Commission will be held Tuesday,Febru- ary 20,2018 at 6:15 p.m.or as soon thereafter as may be heard,in the Commission Chambers of City Hall at 150 North Lakeshore Drive,Ocoee,Florida,to consider the following: AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 5-12 OF THE CITY CODE GOVERNING ABSENTEE VOTING TO DESIGNATE SUCH ABSENTEE VOTING AS "VOTE-BY-MAIL,'AS IS CONSISTENT WITH RECENT CHANGES TO THE ELECTION STAT- UTES;PROVIDING FOR CODIFICATION,CONFLICTS,SEVERABILITY AND AN EFFECTWE DATE. If a person decides to appeal any decision made by the above City Commission with respect to any matter considered at such hearing,they will need a record of the pro- ceedings,and for such purpose they may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. All interested parties are invited to attend and be heard with respect to the above. In accordance with the Americans with Disabilities Act,persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at 407-905-3105 at least two days prior to the date of hearing. February 8,2018 18-00739W