Ordinance No. 2011-018 - 2012 Election Dates ORDINANCE 2011 -018
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA MODIFYING THE CITY'S
GENERAL MUNICIPAL ELECTION DATES TO COINCIDE WITH
THE PRESIDENTIAL PREFERENCE PRIMARY DATE IN 2012;
PROVIDING FOR A QUALIFYING PERIOD AND SCHEDULE FOR
RUN -OFF ELECTION TO BE APPLIED IN CONJUNCTION WITH
SAID ELECTION; DESIGNATING THE ORANGE COUNTY
CANVASSING BOARD AS THE CITY CANVASSING BOARD FOR
THE GENERAL MUNICIPAL ELECTION; FINDING THE
EXISTENCE OF AN EMERGENCY; AND PROVIDING FOR
CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE
WHEREAS, on May 21, 2007, Governor Charlie Crist signed House Bill 537 into the Laws
of Florida to be effective on July 1, 2007 and codified as § 101.75(3), Florida Statutes; and
WHEREAS, § 101.75(3), Fla. Stat., authorizes municipalities to change by ordinance the
dates of their municipal elections held in March to coincide with the 2012 presidential preference
primary to be held January 31, 2012; and
WHEREAS, Article VII, § C -45 of the City of Ocoee Charter currently provides that the
regular general election for members of the City Commission shall be held on the second Tuesday
in March of each year; and
WHEREAS, § 101.75(3), Fla. Stat., further provides that municipalities adopting an
ordinance changing the date of a municipal general election to the date coinciding with the
presidential preference primary shall specifically provide for a qualifying period; and
WHEREAS, if the City of Ocoee, Florida (hereinafter referred to as the "City ") were to
conduct a separate Regular Municipal Election in March, the City would otherwise be responsible
for the total election costs; however, in opting to hold its 2012 regular election in conjunction with
the presidential preference primary, the City will be responsible only for the costs of legal
advertising for the announcement of the election and qualifying period, resulting in a significant •
financial savings to the City; and
WHEREAS, the City Commission deems it to be in the best interests of the citizens and
residents of the City to change the dates of its Regular Municipal Election otherwise to be held in
March of 2012, to coincide with the presidential preference primary to be held January 31, 2012.
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NOW, THEREFORE, BE IT ENACTED BY THE CITY OF OCOEE, FLORIDA
THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true
and correct and incorporated herein by this reference.
Section 2. 2012 Presidential preference primary. As authorized by general law, on
January 31, 2012, the City shall hold its regular municipal election so that such coincides with
the date of Florida's presidential preference primary. The following provisions shall apply to the
2012 regular municipal election held in conjunction with the presidential preference primary
notwithstanding any city charter provision or ordinance to the contrary:
(a) The qualifying period for such election shall commence at noon on Monday,
November 7, 2011, and shall terminate at noon on the Monday, November 21, 2011.
(b) Pursuant to the provisions of Section C -50 of the Ocoee City Charter, the
canvassing of absentee, provisional, and overseas ballots for the City's regular municipal
election will be conducted by the Orange County Canvassing Board.
(c) In the event that the results of the regular municipal election held in conjunction
with Florida's presidential preference primary require a run -off election, such run -off
election shall be held on Tuesday, March 13, 2012. A run -off election would be
conducted at the direction and cost of the City and would be canvassed by the City
Canvassing Board as provided in Section C -50 of the Ocoee Charter.
Section 3. Filing fee and election assessment. A candidate for the Office of City
Commissioner, shall pay a municipal filing fee of $50 and an election assessment of $40 in
accordance with § 99.093, Fla. Stat.
Section 4. Emergency Ordinance. Pursuant to Section 166.041(3)(b), Florida
Statutes, the City Commission of the City of Ocoee hereby finds that an emergency exists due to
the requirements of Section 5 -13 of the Ocoee City Code that a public notice of a municipal
election be published twice during the 30 days prior to the beginning of the qualifying period. It
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is necessary that this Ordinance be adopted as an emergency ordinance so that it is effective is
sufficient time to comply with such notice requirements.
Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in
conflict herewith are hereby made ineffective to the extent of such conflict.
Section 6. 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 `I day of QO jr , 2011.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
_., !, f ./. 1 Lon ja,A±----
di - 01.1 f enberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY READ FIRST TIME AND ADOPTED
THE CITY OF OCOEE, FLORIDA; 0 CA h e r LA , 2011,
APPROVED AS 'O F'O1 M AND LEGALITY UNDER AGENDA ITEM NO. fin t `' 0 w
this Tday of 0 O P b i f — , 201 l .
FOLEY & Li.! 1 NER LLP
By:
City Attorney
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