V(B) Ordinance No.96-05, Amending Municipal Election Ordinance. AGENDA 4-2-96
Item V B
Ocoee City of Ocoee
150 N. Lakeshore Drive Jean Grafton
1:•:#
``J��� Ocoee, Florida 34761-2258 City Clerk
Of GOOD (407) 656-2322
FAX (407) 656-5725
MEMORANDUM
To: The Honorable Mayor and Board of City Commissioners
From: Jean Grafton, City Clerk
Date: March 27, 1996
Re: Qualifying Dates for Future Elections
At the March 19 Commission Meeting Mayor Vandergrift requested that the qualifying dates
be included in the staff report for this agenda item. Following the criteria in the proposed
amendment with the election date the fourth Tuesday in February and the qualifying dates
beginning five working days prior to the 46th calendar day prior to election day and ending
on the 46th calendar day prior to the election date, the dates are as follows:
ELECTION QUALIFYING
YEAR DATE BEGINS ENDS
1996 NONE-Mayor, District 1 and District 3 terms extended to 1997
1997 2/25/97 1/3 1/10
1998 2/24/98 1/2 1/9
1999 2/23/99 12/31/98 1/8
2000 2/22/00 12/31/99 1/7
2001 2/27/01 1/5 1/12
2002 2/26/02 1/4 1/11
2003 2/25/03 1/3 1/10
2004 2/24/04 1/2 1/9
2005 2/22/05 12/31/04 1/7
2006 2/28/06 1/6 1/13
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"PRIDE OF WEST ORANGE"
AGENDA 3-19-96
Ocoee City of Ocoee Item VIA 2
� c 150 N. Lakeshore Drive Jean Grafton
`'s, C' S Ocoee, Florida 34761-2258 City Clerk
f* GOOD
v' (407) 656-2322
FAX (407) 656-5725
STAFF REPORT
To: The Honorable Mayor d Board of City Commissioners
From: Jean Grafton, City Clerk
Date: March 15, 1996
SUBJECT: ESTABLISHING NEW ELECTION SCHEDULE
ISSUE
Should the Honorable Mayor and Board of City Commissioners adopt Ordinance No. 96-05
establishing a new election schedule to coincide with neighboring cities schedules, changing
qualifying fees to comply with state statute, and extending the terms of incumbent members
of the City Commission?
BACKGROUND/DISCUSSION
Pursuant to City Commission direction on December 5, 1995 and House Bill 1273,
Ordinance No. 96-05 has been prepared to change the election dates without going to
referendum. All of the attendant details have been included in the ordinance; i.e.,
1) Change the date to the same Tuesday in February as that chosen by
Windermere and Winter Garden: Section 2 - establishes the fourth Tuesday
in February as the new day; Section 3 amends § C-45 of Article VII of the
Charter to specifically identify the dates with the appropriate offices.
2) Extend the terms of office of incumbents until the new election dates. Section
2 on page 2 provides that the current terms of the Mayor and all seats on the
City Commission are extended and continue until the respective successor is
sworn in.
3) Hold the swearing in ceremony immediately prior to the next commission
meeting following the election: Section 3 establishes a time of day on the
day you indicated that the elected candidate should be sworn into office.
4) Although you did not give specific direction regarding the runoff election if
needed, our custom has been to hold the runoff election two weeks after the
regular election. To do so in this case would conflict with Super Tuesday, the
presidential preference primary; so that day will not be available to Orange
County municipalities. Other cities in our area have chosen the fourth
Tuesday in March. Section 4 amends § 5-2 of Article I of Chapter 5 of the
Code of Ordinances and changes the runoff election to the fourth Tuesday in
March.
"PRIDE OF WEST ORANGE"
5) Limit the qualifying of candidates to 5 working days rather than 10. Section 5
amends § 5-3 of Article I of the Code of Ordinances to accomplish this.
6) Amend qualifying fees. Although we had asked for authorization to bring this
portion into compliance with state statutes, the Bureau Chief has advised that
the amount of the fee that municipalities may charge for qualifying is not
controlled by the statute.
RECOMMENDATION
That the Honorable Mayor and Board of City Commissioners (1) adopt Ordinance No. 96-05
establishing new dates for qualifying of candidates, new dates for regular municipal and
runoff elections, extending the terms of incumbent members of the City Commission, and
amending the City Charter and Code of Ordinances to reflect those changes, and (2)
authorize the Mayor and City Clerk to execute.
Ocoee City Commission Regular Meeting
December 5, 1995
EDUCATIONAL INCENTIVE COMMITTEE -MEMBER
Commissioner Glass,seconded by Commissioner Anderson.nominated Commissioner GIeason
as Member to the Educational Incentive Committee. Motion carried 5-0.
INNOVATIVE IDEA COMMITTEE - MEMBER
Commissioner Johnson, seconded by Commissioner Gleason. nominated Commissioner Glass
as Member to the Innovative Idea Committee. Motion carried 5-0.
PERSONNEL BOARD -MEMBER (CURRENT TERM EXPIRES MARCH 1996).
Commissioner Anderson. seconded by Commissioner Glass. moved to appoint Commissioner
Johnson as Member (with term to expire March 1997) to the Personnel Board. Motion carried
5-0.
ESTABLISH NEW ELECTION DAY, ETC. PER HOUSE BILL 1273
City Attorney Rosenthal explained that Orange County Supervisor of Elections had announced
that she could/would no longer cooperate with municipalities in holding municipal elections
concurrent with any national/state/county elections, and that legislation had been passed
permitting municipalities to change election dates by ordinance and without going to referendum.
He stated further that other details concerning election, such as the appropriate time for swearing
in following election, extension/shortening of terms to accommodate the new election date,
qualifying dates, qualifying fees, etc., could be included in the same ordinance. Commissioner
Gleason. seconded by Commissioner Anderson moved to ado.t February 1997 for the election
date for Mayor. District 1 and District 3 and February 1998 for District 2 and District 4
election, using the same Tuesday in February set by Windermere and Winter Garden for the
regular election date, with the present terms extended to accommodate that date. Motion carried
5-0.
SWEARING IN
Commissioner Johnson seconded by Commissioner Anderson. moved to hold the swearing
in ceremony of elected officials immediately prior to the next commission meeting following the
election. Motion carried 5-0.
QUALIFYING DATES
Commissioner Johnson, seconded by Commissioner Glass. moved to limit the qualifving_dates
to 5 working days. Motion carried 5-0.
DISCUSSION/APPROVAL OF RFP AND SELECTION COMMITTEE TO SELECT ATTORNEY FOR CODE
ENFORCEMENT BOARD.
City Manager Shapiro gave the staff report. Commissioner Gleason seconded by
Commissioner Anderson, moved to appoint Commissioner_Glass to the Selection Committee
and ao with the makeup of the Committee as recommended by City Manager, i.e., City
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ORDINANCE NO. 96-05
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING
NEW DATES FOR QUALIFICATION AND REGULAR MUNICIPAL AND
RUNOFF ELECTIONS;EXTENDING THE TERMS OF THE INCUMBENT
MEMBERS OF THE CITY COMMISSION; REVISING SECTION C-45 OF
ARTICLE VII OF THE CHARTER OF THE CITY OF OCOEE TO
REVISE THE REGULAR ELECTION DATES .TO BE THE FOURTH
TUESDAY IN FEBRUARY AND TO AMEND THE DATE AND TIME OF
SWEARING IN OF NEWLY ELECTED MEMBERS TO 7:00 P.M. PRIOR
TO THE NEXT REGULARLY SCHEDULED CITY COMMISSION
MEETING HELD AFTER THE ELECTION; REVISING SECTION 5-2 OF
CHAPTER 5 OF THE CODE OF ORDINANCES TO REVISE THE DATE
FOR RUNOFF ELECTIONS TO THE FOURTH TUESDAY IN MARCH OF
THE YEAR OF THE REGULAR MUNICIPAL ELECTION; REVISING
SECTION 5-3 OF CHAPTER 5 OF THE CODE OF ORDINANCES TO
REVISE THE DATES FOR QUALIFICATION FOR ELECTIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Orange County Supervisor of Elections notified the City of
Ocoee that voting equipment would no longer be provided for municipal elections during the
months that the Orange County Supervisor of Elections is conducting national, state or county
elections; and
WHEREAS, Section C-45 of the Charter for the City of Ocoee (the "Charter")
requires all regular municipal elections to be held on a date which coincides with national, state
and/or county elections; and
WHEREAS, in order to permit the City to hold elections on dates when the
voting equipment would be available from the Orange County Supervisor of Elections, House
Bill 1273 was enacted by the State of Florida to permit the City Commission of the City of
Ocoee, by ordinance and without referendum, to amend the Charter to provide for new regular
municipal and run-off election dates, new beginning terms of office, and the shortening or
lengthening of existing terms of the office of Mayor and City Commissioners; and
WHEREAS, Section 100.3605(2), Florida Statues, permits the governing body
of a municipality, by ordinance, to change the dates for qualifying and for the election of
members of the governing body of the municipality and provide for the orderly transition of
office resulting from such date changes; and
WHEREAS, the City Commission of the City of Ocoee desires to amend the
Charter and the Code of Ordinances of the City of Ocoee to provide for such new dates and
terms of office and to revise the time period for qualification for elections as set forth below.
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, without referendum, pursuant to House Bill No. 1273 in
Chapter 95-485, Laws of Florida, Article VIII of the Constitution of the State of Florida, Section
100.3605, Florida Statutes and Chapter 166, Florida Statutes.
SECTION 2. Rescheduling of Election Dates. The date of the next regular
municipal election for the office of Mayor and Seat No. 1 and Seat No. 3 on the City
Commission of the City of Ocoee is hereby rescheduled from the first Tuesday after the firt
Monday in November 1996, which is Tuesday, November 5, 1996, to the fourth Tuesday in
February 1997, which is Tuesday, February 25, 1997. The date of the next regular municipal
election for Seat No. 2 and Seat No. 4 on the City Commission of the City of Ocoee is hereby
rescheduled from the first Tuesday after the first Monday in November 1997, which is Tuesday,
November 4, 1997, to the fourth Tuesday in February 1998, which is Tuesday, February 24,
1998. The current terms for the office of Mayor and all seats on the City Commission of the
City of Ocoee shall be extended and continue until such time as his or her respective successor
is sworn in.
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SECTION 3. Election Dates. Section C-45 of Article VII of the Charter of the
City of Ocoee, Florida, is hereby amended to read as follows:
§ C-45. Election dates and terms of office.
A. Beginning in November 1 A89 February 1997, regular municipal
elections shall be held annually on the first fourth Tuesday after
thenday in November February of each year. The terms
of office of the Mayor and City Commissioners shall be as
follows:
(1) The Mayor shall be elected for a three two-year term at a
regular municipal election to be held in November 1989
February 1997 and shall thereafter be elected for a two-
year term at a regular municipal election to be held i
November 1992 and every two (2) years thereafter.
(2) Onc (1) Two (2) City Commissioners shall be elected for
a two-year term at a regular municipal election to be held
in November 1 989 February 1998 and shall thereafter be
elected for a two-year term at a regular municipal election
to be held in November 1994 and every two (2) years
thereafter. Such City Commissioners shall be elected to
Seat No. 2 and Seat No. 4.
(3) One (1) City Commissioner shall be elected for a three
year term at a regular municipal election to be held in
November 1993 and every two (2) years thereafter. Such
City Commissioner shall be elected to Seat No. 2.
(4) DI Two (2) City Commissioners shall be elected for a two-
year term at a regular municipal election to be held in
November 1990 February 1997 and shall thereafter be
elected for a two-year term at a regular municipal election
to be held in November 1992 and every two (2) years
thereafter. Such City Commissioners shall be elected to
Seat No. 1 and Seat No. 3.
B. Notwithstanding the above, the term of office of any person
elected to the office of Mayor or the office of City Commissioner
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 to the office of Mayor or the office of City
Commissioner shall be sworn into office at 7:00 p.m. on the day
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of the next regularly scheduled City Commission meeting held
immediately 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. 96-05 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 genemi regular
municipal election.
SECTION 4. Runoff Election. Section 5-2 of Article I of Chapter 5 of the
Code of Ordinances of the City of Ocoee is hereby amended to read as follows:
§ 5-2. Runoff election.
In the event that a runoff election is required pursuant to § C-46C
of the Ocoee City Charter, such runoff election shall be held on the third
fourth Tuesday in Nevember March of the year in
which the regular municipal election was held.
SECTION 5. Qualification of Candidates. Section 5-3 of Article I of Chapter
5 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows:
§ 5-3. Qualification of candidates.
All candidates for election to office in city government, including
an incumbent, shall qualify with the City Clerk by filing, on such form as
may be required by the City Clerk, qualification papers designating the
office for which the person is a candidate. Such qualification papers shall
be accompanied by the qualifying fee provided for in § 5-4 of the City
Code. Such qualification papers shall be filed and the qualifying fee paid
at any time after 12:00 noon on September 1 the day which is five (5)
business days (excluding weekends and holidays) prior to the date which
is forty-six (46) calendar days prior to the scheduled date of the regular
municipal election of the year in which the election for such office is
scheduled, but not later than 12:00 noon on September 15 the date which
is forty-six (46) calendar days prior to the scheduled date of the regular
municipal election of the year in which the election for such office is
scheduled. Should the last day upon which said qualification papers may
be filed fall on a weekend or another day upon which the City Clerk's
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office is not open for business, then the deadline for said person must to
file qualification papers shall be extended to 12:00 noon on the next day
. - . . . _ - . : ef the year ;c t e
- - . . . . - . - - - . . . : on which the City Clerk's office
is open for business.
SECTION 6. 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 7. Codification. It is the intention of the City Commission of the
City that the provisions of Section 3 of this Ordinance shall become and be made a part of the
Charter of the City and that Sections 4, 5, 6 and 7 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 Charter and 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.
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SECTION 8. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1996.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED March 21 , 1996
READ FIRST TIME March 19 , 1996
READ SECOND TIME AND ADOPTED
, 1996,
UNDER AGENDA ITEM NO. .
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1996.
FOLEY & LARDNER
By:
City Attorney
C:1W P51\DOCS\OCOEE\NEWDATES.ORD;3/15/96118W015 I DPB:dp
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