VI (B2) Ordinance No. 92-18, relating to Vacancy in Candidacy AGENDA 7-07-92
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE I, Item VI B 2
Ocoee LLD 1 nn.1-11W1.10,px.
Ie
° CITY OF OCOEE RUSTY JOHNSONI
a 150 N.LAKESHORE DRIVE PAUL W.FOSTER
0 OCOEE FLORIDA 34761
(407)656-2322 VERN COMBS
�, ,`r� SAM WOODSON
Or GOOD �\ CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: Marian Green, Acting City Clerk o)
DATE: June 30, 1992
RE: VACANCY IN CANDIDACY ORDINANCE
Section 166.031, Florida Statutes, allows a municipality to enact an ordinance
setting forth the procedures for filling a vacancy in the candidacy for an
elected office of the municipality.
In order to comply with state law, it is respectfully recommended that the City
Commission enact the proposed Ordinance attached to this memorandum.
ORDINANCE NO. 92- 18
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
RELATING TO FILLING OF VACANCY IN CANDIDACY
CAUSED BY DEATH, WITHDRAWAL OR REMOVAL;
ENACTING NEW SECTION 5-5 OF CHAPTER 5 OF PART
I OF THE CITY CODE; PROVIDING FOR ELECTION OF
UNOPPOSED CANDIDATE AFTER VACANCY IN
CANDIDACY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City desires to provide for procedures for
filling vacancies that occur during the candidacy for an elected
office pursuant to Section 166. 031 (b) , Florida Statutes.
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 Section 166. 031,
Florida Statutes, Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
Section 2 . The following Section 5-5 of Chapter 5 of
Part I of the Code of Ordinances of the City of Ocoee, Florida, is
hereby created and reads as follows:
Section 5-5. Vacancy in Candidacy and in Office.
In the event there shall be a vacancy in candidacy
for an elected office caused by death, withdrawal, or removal
from the ballot of a qualified candidate for an elected office
following the end of the qualifying period which leaves fewer
than two candidates for such office, then the following
procedures shall apply:
(a) The unopposed candidate shall be deemed to
have voted for himself or herself, and shall be
elected to the office for which such candidate has
qualified. No election shall be held for such
office and no ballots for the office shall be
counted.
(b) Qualifying shall not be reopened to permit
candidacy for such office; however, in the event
the death, withdrawal, or removal from the ballot
of a qualified candidate(s) results in no qualified
candidate remaining on the ballot for such elected
office, qualifying shall be reopened and a special
election shall be held for such office.
Section 3 . 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 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.
2
k _ -
Section 5. Effective Date. This Ordinance shall
become effective immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1992 .
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk Lester Dabbs, Jr. , Mayor
(SEAL)
ADVERTISED July 9 , 1992
READ FIRST TIME July 7 , 1992
READ SECOND TIME AND ADOPTED
, 1992
FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY
BY THE CITY OF OCOEE, COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON , 1992
LEGALITY, this day UNDER AGENDA ITEM NO.
of , 1992.
FOLEY & LARDNER
By:
City Attorney
3