HomeMy WebLinkAboutItem VI (A) 1. Ordinance No. 94-04, relating to changing the dates for Municipal Election and Qualifying Dates for 1994 AGENDA 4-5-94
Item VIA 1
FOLEY & LARDNER
III NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801
TELEPHONE 14071 423-7656
FACSIMILE 14071 648-1743
TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE. WISCONSIN
JACKSONVILLE, FLORIDAPOST OFFICE BOX 2193 MADISON, WISCONSIN
TALLAHASSEE, FLORIDA WASHINGTON, D.C.
WEST PALM BEACH. FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS, MARYLAND
CHICAGO, ILLINOIS
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney Ne/
DATE: March 28, 1994
RE: Ordinance Changing Dates for 1994 Municipal Elections
Pursuant to the direction of the City Commission, attached hereto is a proposed ordinance
which would change the regular municipal election date from November 8, 1994 to November
29, 1994 and the runoff municipal election date, if needed, from November 22, 1994 to
December 13, 1994. Additionally, the time for qualifying would begin at noon on Thursday,
September 22 and end at noon on Thursday, October 6, 1994.
The proposed ordinance applies only to the 1994 municipal elections. The Orange
County Supervisor of Elections has now confirmed that these dates meet with her approval and
that she will assist the City in conducting the election and making voting machines available.
PER:ddh
Enclosure
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ORDINANCE NO. 94- 04
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE DATE OF THE CITY OF OCOEE REGULAR
MUNICIPAL ELECTION, THE DATE OF THE CITY OF
OCOEE RUNOFF MUNICIPAL FLPCTION, AND THE TIME
PERIOD FOR QUALIFICATION FOR THE 1994 CALENDAR
YEAR; REVISING ALL TIME PERIODS RELATING TO THE
MUNICIPAL ELECTIONS FOR 1994 CALENDAR YEAR;
PROVIDING FOR NOTICE TO THE SUPERVISOR OF
ELECTIONS;PROVIDING FOR SEVERABILITY;PROVIDING
FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the date established by the Ocoee City Charter for the 1994 regular
municipal election falls on the same date as the statewide and county elections; and
WHEREAS, the City of Ocoee has been advised by the Orange County
Supervisor of Elections that voting machines will not be available for use by the City of Ocoee
for the regular and run-off municipal elections on the 1994 dates scheduled and established by
the Ocoee City Charter; and
WHEREAS, Section 101.36, Florida Statutes, mandates that the City of Ocoee
utilize the county voting machines in all municipal elections; and
WHEREAS, in order to utilize the county voting machines in the 1994 regular
and run-off municipal elections, it is necessary that the City Commission reschedule such
elections to dates different from those established by the Ocoee City Charter; and
WHEREAS, Section 101.75, Florida Statutes, authorizes the City of Ocoee under
the circumstances set forth above to set by ordinance the date of the municipal elections for the
1994 calendar year; and
WHEREAS, the City Commission of the City of Ocoee desires to establish the
date of the regular and run-off municipal elections for the 1994 calendar year as set forth in this
Ordinance.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMNIISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. 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, Section
101.75, Florida Statutes and Chapter 166, Florida Statutes.
SECTION 2. City Regular Election for 1994. Notwithstanding the provisions
of Section C-45 of the Ocoee City Charter to the contrary, the regular municipal election for the
1994 calendar year shall be held on Tuesday, November 29, 1994.
SECTION 3. City Runoff Election For 1994. Notwithstanding the provisions
of Section C-46 of the Ocoee City Charter and Section 5-2 of Article I of Chapter 5 of the
Ocoee Code of Ordinances to the contrary, in the event a runoff municipal election is required
for the 1994 calendar year, such runoff municipal election shall be held on Tuesday, December
13, 1994.
SECTION 4. Qualification of Candidates For 1994. Notwithstanding the
provisions of Section 5-3 of Article I of Chapter 5 of the Ocoee Code of Ordinances to the
contrary, all qualification papers for candidates for election to office in city government shall
be filed and the qualifying fee paid at any time after 12:00 noon on Thursday, September 22,
1994, but not later than 12:00 noon on Thursday, October 6, 1994.
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SECTION 5. Dates Referenced. All references to the period of qualification for
the regular municipal election, the date of the regular municipal election and the date of the
runoff municipal election contained in the Ocoee Code of Ordinances and the Ocoee City Charter
shall refer to such dates established by this Ordinance for the purposes of the municipal elections
for 1994, including, but not limited to, the filing of notice of the election pursuant to Section
5-13 of Article I of Chapter 5 of the Ocoee Code of Ordinances.
SECTION 6. Notification to Supervisor Election. The City Clerk is hereby
directed to provide to the Orange County Supervisor of Elections a certified copy of this
Ordinance within ten (10) days from the date of adoption.
SECTION 7. 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 8. Conflicts. In the event of a conflict between this Ordinance and
the Ocoee Code of Ordinances, the Ocoee City Charter, any ordinance or resolution, or any
portions thereof, then the provisions of this Ordinance shall govern and control.
SECTION 9. Effective Date. This Ordinance shall become effective immediately
upon passage and adoption.
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PASSED AND ADOPTED this day of , 1994.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED April 7 , 1994
READ FIRST TIME April 5 , 1994
READ SECOND TIME AND ADOPTED
, 1994,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1994.
FOLEY & LARDNER
By:
City Attorney
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