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Home My WebLink AboutItem V (A) Second Reading of Ordinances 1. Ord No. 94-04, relating to changing the date for municipal election and qualifying dates AGENDA 4-19-94 Item V A 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. FLORIDA POST 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 '/ 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 C:\WPS I\DOCS\OCOEIMFA(OS\PERDDH03.222I3/28/94I DEBBIEH I PER:ddh ORDINANCE NO. 94- 04 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE DATE OF lab CITY OF OCOEE REGULAR MUNICIPAL ELECTION, THE DATE OF THE CITY OF OCOEE RUNOFF MUNICIPAL ELECTION, 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 FT_F,CTIONS;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 COMMISSION 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. 2 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. 3 PASSED AND ADOP TE1.) 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 C:\W P51\DOCSOCO BELECT.ORD 1325/94118 W 015 I DPB:dn 4 The Orlando Sentinel Published Dail $52.40 �.NOTICE OF PUBLIC NEARING CITY OF OCOEE Notice Is hereby given pursuant to Floc- Ida State Statutes 101.75 and 188.041 tate of,�f Iortba S S the Gard C�, I ofthe Oooee will hold a public COUNTY OF ORANGE hearing in the Community Center locat- ed at-125•N. Lakeshore Drive,Ocoee, Florida•during amuIy session to,be V NIT fir' assoon thereafterasaass possible,in p.m., Before the undersigned authority personally appeared PCM P,Q� to consider me adoption of the following , who on oath says ORDINANCE: that he/she is the Legal Advertising Representative of The Orlando Sentinel, a daily AN ORDINANCE ORDINANCE CRY OF newspaper published at ORLANDO in OCOEE, FLORIDA, CHANGING ORANGE County, Florida; THE DATE OF THE CITY OF OCOEE REGULAR NI that the attached Copy of advertisement being a NOTICE OF PUBLIC YH ELECTION,TTHE DATE OF IPAL THE in the matter of 0 i U- N 0- 9 4— 4 CITY OF OCOEE RUNOFF - PAL ELECTION, AND THEE TIM TIME PERIOD FOR OUAIJFICATION FOR in the ORANGE THE 1994 CALENDAR YEAR; RE- Cou rt, VISING ALL TIME PERIODS REIAT- was published in said newspaper in the issue;of 04/0.7/94 ING TO THE MUNICIPAL ELEC- TIONS FOR 1994 CALENDAR YEAR; PROVIDING FOR NOTICE TO THE SUPERVISOR OF ELEC- TIONS; PROVIDING FOR SEVER- ABILITY; PROVIDING AN EFFEC- Affiant further says that the said Orlando Sentinel is a newspaper published at TIVEDATE. 0 gL (V D 0 Interested parties may appear at the in said meeting and be heard with respect to I ORANGE County, Florida, the proposed action'A copy of ms pro- and that the said newspaper has heretofore been continuouslyCited all, 1 toe they be examined re et published in City Hall, 150 N. Lakeshore Drive, said ORANGE County, Florida, O00ee, Florida' the betweene hours of Y 8:00 a.m. and 5:00 p.m., Monday each Week Day and has been entered as second-class mail matter at the post through Friday. office in O R L A N D 0 in said NOTICE:Any person who desires to ap- o R A N G peal any decision made by Commission County, Florida, with respect to any matter considered at for a period of one year next preceding the first publication of the attached proceeding's `and need a record of the proceedings d for such purpose may copy of advertisement; and affiant further says that he/she has neither paid need toensure that averbatim record of nor promised any person, firm or corporation anydiscount, rebate, o� proceeding made,which e P includes the testimony end evidence commission or refund for tf rpose of securing his adv rti ement fo upon which me appeal is based. Per- sons with disabiNtlesneeding assistance P P _ to participate in any of these proceed- (L/t0l should contact the C' Clerk's of- .t/ J fide 48 hours in advance of the meeting. 7 Jean Grafton,city clerk The foregoin Instrument was �Lackowledged before me.thisday of April 7, 19 94 biL��1 Apr.7,1994 who is personally known to me and who carajce an,b t ) 1 (SEAL) Bowe Ft�g LIZAC ►1 <� ETH L HADDAD * My Commission CC323402 *111V11',1...4 Expires Oct.13,1997 s t Bonded by HAI 440F 1101 800-422-1555 • • • • • • • • • • • • • • • •