Item #13 Charter Review Commission Recommendation
Contact Name:
Contact Number:
Beth Eikenberry
Ext. 1 022
Meeting Date: October 20,2009
Item # ~3
~
Reviewed By: ~
Department Director:
City Manager:
Subject: Revised Report to the City Commission from the Charter Review Commission for
Suggested Changes to the City Charter.
Background Summary:
Pursuant to Section C-60 of the City of Ocoee City Charter, a Charter Review Commission shall be appointed no less than
once every ten years and shall submit a report to the City Commission Section C-62 states " Within two (2) months of the
receipt of any such report, the City Commission shall accept or reject the recommendations contained therein, or the City
Commission may send such report back to the Charter Review Commission for further study and consideration. Any
proposed Charter amendments accepted by the City Commission shall be adopted by ordinance and submitted to the electors
of the city for consideration no later than the next general municipal election or at a special election called by the City
Commission for such purposes. "
On December 2, 2008 this report was presented to the Commission. At the request of the Mayor, review of this report was
delayed waiting for an Attorney General Opinion and the Report was reconsidered on April 21, 2009. At that time, the
Commission asked the Charter Review Commission to reconsider certain items pertaining to expanding the number of
districts and staff residency requirements. The Charter Review Commission held a joint meeting with the City Commission
on July 27,2009 and considered final recommendations for Charter changes at a meeting of the Board on August 26,2009.
City Attorney Rosenthal has incorporated those changes into the attached red lined copy of the Charter.
Issue:
Should the Mayor and City Commission adopt the final recommendations from the Charter Review Commission and submit
them for referendum ballot in the March 2009 election. Additionally, should they approve the recommendations submitted
by staff for changes to Section C-36 Capital Program.
Recommendations
The Charter Review Commission respectfully requests that the Mayor and City Commission approve the attached Charter
revisions, to be adopted by ordinance, for inclusion on the March 2009 Referendum ballot. Staff recommends that the list of
proposed Charter revisions include changes to Section C-36, as detailed in Attachment 2, to more accurately reflect the
manner in which the City's Capital Improvement Plan is presented to the City Commission as part of the annual budget
process.
Attachments: Attachment 1: Report of the Charter Review Commission with Redlined Charter
Attachment 2: Charter Amendment Recommended by Staff - Changes to Section C36 Capital Plan
Type of Item: (please mark with an "x')
Public Hearing
_ Ordinance First Reading
_ Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
_____ Consent Agenda
_____ Public Hearing
~ Regular Agenda
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
N/A
N/A
N/A
Charter Review Commission Report
October 6, 2009
REVISED REPORT
of the
CHARTER REVIEW COMMISSION
Presented to
Mayor and City Commission
October 6,2009
Charter Review Commission Report
October 6, 2009
The Charter Review Commission held numerous meetings between April and November 2008.
The Commission researched Charters from three surrounding municipalities/counties and a
Model City Charter as updated by the National Civic League. Additionally, when portions of the
Charter required more detailed expertise, the Charter Review Commission sought opinions and
testimony of the Supervisor of Elections, Department Directors, and the City Commission. All
meetings were open to the public, however an advertised Public Hearing was held on June 11,
2008 to receive input from the residents of Ocoee. There Report was originally presented to the
Commission on December 2, 2008, and there was a delay waiting for an Attorney General
Opinion regarding questions that were raised in section C-20, Duties of the Mayor.
The attached updated version of the Ocoee City Charter incorporates the Charter Review
Commission's findings, recommendations, and items previously approved by Commission.
Redlined Items are only those items requested for reconsideration at the joint meeting on July 27,
2009 are and are a result of the final meeting of the Charter Review Commission on August 26,
2009; a summary of the substantial recommended changes are as follows:
Paqe 5; a Preamble has been added
Paqe 11. Section C-9; change in how the Mayor pro tem is elected
Paqe 12. Section C-10; power to censure has been added
Paqe 13. Section C-13: form of contact for emergency meetings has been changed
to ensure personal contact with each Commissioner.
Paqe 14. Section C-17(c); timeline for filling vacancies by form of election has been
extended in line with realistic election timelines.
Paqe 15. Section C-19; Initiative and Referendum section completely revised and
simplified.
Paqe 15-16. Section C-20, Duties of the Mayor; section revised to remove
"emergency powers" and defer to the Comprehensive Emergency Management Plan
update procedures for times of insurrection, general conflagrations, catastrophe, or
great widespread public emergency.
Paqe 17. Section C-22 (a); language changed with regard to the termination of the
City Manager.
Paqe 24. Section C-37: change time from allowing the entire budget schedule
(workshops and Public Hearings) to be printed in one advertisement. Public
Hearings are also subject to TRIM advertising laws.
Paqe 27. Section C-45; change recommended to four-year terms which would create
an election every other year and allow the City to piggyback off of the County during
Presidential election years.
Paqe 27. Section C-46: change in general election rules to allow a Mayor and
Commissioners to be elected by the "most" votes, no longer requiring a majority vote
(50% plus1) or run-ff election.
Paqe 28. Section C-50; change in the makeup of the Canvassing Board to three
residents and adding a provision allowing consideration, by adopted resolution, that
the County canvass absentee ballots in years where piggyback elections are held.
Paqe 30-31. Section C-59; change in membership of Charter Review Commission
allowing for two alternate members.
Paqe 31. Section C-61 and C-62; revised to allow a process where the
recommendations of the Charter Review Board can go to referendum without the
approval of the City Commission.
Charter Review Commission Report
October 6, 2009
Sections ChanQed After reconsideration bv the Charter Review Commission
PaQe 15; Section C-19 I nitiative and Referendum; revised to clarify language
affecting the delay in effective date of ordinances.
Paqe 16. Section C-21; revised to add mandatory residency requirements for city
managers hired after April 1, 2010.
Paqe 19. Section C-25; revised to add mandatory residency requirements for
department directors hired after April 1, 2010.
PaQe 35; Section C-72; Election of the Mayor by City Commission; section added to
go into effect if this passes referendum
Paqe 36; Section C-73; Increase in Size of Districts; section added to go into effect if
this passes referendum
REPORT OF OCOEE CHARTER REVIEW COMMISSION
TO THE OCOEE CITY COMMISSION
AS APPROVED AT ITS MEETING OF AUGUST 26, 2009*
REVISED CITY OF OCOEE CHARTER WITH PROPOSED
AMENDMENTS INCORPORATED**
* As Revised From Report presented to the Ocoee City Commission in
December 2008
**Words that are striken out are deletions; words that are double underlined
are additions.
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CHARTER
PREAMBLE
ARTICLE I
Creation and Existence of Municipality
~ C-l. Municipality incorporated.
~ C-2. Title, rights, etc., vested in municipality.
~ C-3. Existing obligations not impaired.
~ C-4. Continuation of officers and ordinances.
~ C-5. Perpetual existence.
~ C-6. Corporate boundaries.
~ C-7. Extension of corporate boundaries.
ARTICLE II
Powers of the City
~ C-8. Powers of the city.
ARTICLE III
City Commission
~ C-9. Created; composition, designation, election generally.
~ C-IO. Judge of qualifications.
~ C-l1. Eligibility.
~ C-12. Prohibitions.
~ C-13. Regular and special meetings; meetings and records open to public; rules and order of business;
record of proceedings.
~ C-14. Quorum; necessary vote for adoption of ordinances and resolutions; roll call.
~ C-15. Absence from meetings.
~ C-16. Compensation Salarv; expenses.
~ C-17. Vacancies; forfeiture of office; filling of vacancies.
~ C-18. Independent audit.
~ C-19. Initiative and referendum.
~ C-20. Duties and emergeney powers of the Mayor.
ARTICLE IV
City Manager
~ C-21. Appointment; qualifications; compensation.
~ C-22. Termination.
~ C-23. Acting City Manager.
~ C-24. Powers and duties of City Manager.
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ARTICLE V
Administrative Departments
~ C-25. General provisions.
~ C-26. City Attorney.
~ C-27. Oath required; form.
~ C-28. City Clerk.
~ C-29. City Prosecutor.
~ C-30. Personnel system Board.
ARTICLE VI
Financial Procedures
~ C-31. Fiscal year.
~ C-32. Submission of budget and budget message.
~ C-33. Budget message.
~ C-34. Budget.
~ C-35. Balanced budget.
~ C-36. Capital program.
~ C-37. Adoption of budget.
~ C-38. Amendments after adoption.
~ C-39. Lapse of appropriations.
~ C-40. Depositories of city fund.
~ C-41. Accurate accounts of money to be kept.
~ C-42. Expend or contract to expend money.
~ C-43. Investment of surplus funds.
ARTICLE VII
Nominations and Elections
~ C-44. Identification of City Commissioner.
~ C-45. Election dates and terms of office.
~ C-46. General election rules.
~ C-47. Qualifications of electors.
~ C-48. Registration of electors.
~ C-49. Conduct of elections.
~ C-50. Certification of results; canvass of returns; notification of successful candidates.
~ C-51. Names on ballots.
~ C-52. Ballots for ordinances and Charter amendments.
ARTICLE VIII
Levy of Taxes and Issuance of Bonds
~ C-53. Power of city to levy taxes; maximum levy.
~ C-54. General obligation bonds.
~ C-55. Powers declared additional to state law.
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ARTICLE IX
General Provisions
~ C-56. Personal financial interest.
~ C-57. Construction of Charter.
~ C-58. Severability of provisions.
ARTICLE X
Charter Review Commission
~ C-59. Appointment of members.
~ C-60. Removal; vacancies.
~ C-61. Powers and duties.
~ C 62. Reeommendatians ta the City Cammission.
S C-62. rRenealedl
~ C-63. Officers.
~ C-64. Expenses.
ARTICLE XI
Single-Member Districts
~ C-65. Number of districts.
~ C-66. Establishment of Districting Commission.
~ C 67. Date af adeptian af initial distriets.
~ C 68. RepreseRtatiaR af distriets.
~ C-67. rRenealedl
S C-68. [Repealedl
~ C-69. District residency requirements.
~ C-70. Annexed territory.
~ C-71. Redistricting.
ARTICLE XII
Chan!!es to Structure of Citv Commission
S C-72. Election of Mavor bv Citv Commission.
S C-73. Increase in size of the Citv Commission.
[HISTORY: Printed as amended in its entirety by the City Commission of the City ofOcoee 9-20-1988 by
Ord. No. 88-27. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Elections -- See Ch. 5.
City Commission meetings -- See Ch. 11.
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PREAMBLE
We the oeoole of the City of Ocoee. Florida. under the constitutions and laws of the United States of
America and the State of Florida. in order to orovide the benefits of local lZovernment resoonsive to the will and
values of our citizens. do hereby adoot and ratify this charter to define the Dowers and structure of our
Q:overnment. Bv this action. we secure the benefits of home rule and affirm the values of reoresentative
democracy. orofessional manaQ:ement. stronlZ oolitical leadershio. citizen oarticioation. and relZional
coooeration. We believe in an ooen. resoonsive government that abides bv the hiQ:hest ethical standards and
ooerates as a careful steward of the human. fiscal and natural resources of our city.
ARTICLE I
Creation and Existence of Municipality
~ C-l. Municipality incorporated.
The existing municipality of the City of Ocoee, in the County of Orange, incorporated under the laws of
Florida, be and the same is hereby declared to be in all respects a legally incorporated city with all the powers
incident thereto under the laws of Florida (hereinafter referred to as .'..!.~the city.'..!.: or .'..!.)he City of Ocoee.'..!.:).
~ C-2. Title, rights, etc., vested in municipality.
The title, rights and ownership of property, uncollected taxes, dues, claims, judgments, decrees and
choses in action held and owned by the city shall remain vested in the municipal corporation organized and
created under and by this Charter.
~ C-3. Existing obligations not impaired.
No obligation or contract of the City of Ocoee, including bonds heretofore issued, shall be impaired or
avoided by this Charter, but such debts and obligations shall remain binding upon the city.
~ C-4. Continuation of officers and ordinances.
All officers heretofore elected or appointed and holding office under the city shall continue to hold their
respective offices and to discharge their duties until their successors are selected or until otherwise provided by
ordinance, and all existing ordinances of the city not in conflict with the provisions of this Charter shall
continue in effect and unimpaired until repealed, amended or modified.
~ C-5. Perpetual existence.
The City of Ocoee, Orange County, Florida, shall have perpetual existence.
~ C-6. Corporate boundaries.
The boundaries which shall be included in the territory of the City of Ocoee shall be as follows: See
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Addendum A attached heretol and by this reference made a part hereof.
1 Editor's Note: Addendum A is on file in the city offices, where it may be inspected during regular office
hours.
~ C-7. Extension of corporate boundaries.
The boundaries which shall be included in the territory of the City of Ocoee shall include all lands
heretofore or hereafter annexed into the city in accordance with the laws of Florida.
ARTICLE II
Powers of the City
~ C-8. Powers of the city.
The City of Ocoee shall have all govenunental, corporate and proprietary powers and all other powers
possible for a city to have under the Constitution and the laws of Florida as fully and completely as though they
were specifically enumerated in this Charter. Except as otherwise provided herein, the following powers of the
city shall be construed liberally and in favor of the city, and the specific mention of particular powers in the
Charter shall not be construed as limiting, in any way, the powers granted to the city under the Constitution and
the laws of Florida:
A. Municipal buildings and facilities. To make and maintain all buildings and facilities necessary
and appropriate for the use of the city and to acquire all land, rights and easements necessary for
such buildings.
B. Property rights. To purchase, lease, acquire by eminent domain or otherwise obtain, receive and
hold property or any interest in property, whether real, personal or intangible, for such municipal
or other public purposes as the City Commission may, by ordinance or otherwise, deem
necessary and proper; to sell, lease or otherwise dispose of said property for the benefit of the
city to the same extent that natural persons might or could do, except as otherwise provided
herein.
(1) When any proposal for the acquisition of real property, either by purchase or lease, shall
receive a majority vote of the members of the City Commission and the cost of such
proposed acquisition exceeds one million dollars ($1,000,000.), inclusive of state and
federal grants, such action shall not be effective unless it has been acted upon by the City
Commission after a public hearing preceded by at least seven (7) days' notice of the
hearing and the proposed action by publication in a newspaper of general circulation in
the City of Ocoee.
(2) When any proposal for the disposition of real property owned by the city, either by sale
or by lease for a term exceeding five (5) years, shall receive a majority vote of the
members of the City Commission and the fair market value of the real property
concerned exceeds one hundred thousand dollars ($100,000.100.000.00), such action
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shall not be effective unless it has been acted upon by the City Commission after a public
hearing preceded by at least seven (7) days' notice of the hearing and the proposed action
by publication in the manner set forth above.
(3) The City Commission shall not approve the sale, lease or other alienation of real property
owned by the city for a price or rental below the city's estimate of the fair market value or
fair rental value thereof, except in cases where specific good cause is shown and in cases
involving alienation to another public agency.
(4) No piece ofreal property shall be divided for the purpose of evading this subsection.
(5) All leases, sales, purchases and contracts for leases, sales and purchases ofreal property
heretofore made by the city or any agency or commission of the city are hereby ratified
and confirmed.
(6) Nothing in this subsection shall apply to the acquisition of real property by eminent
domain occurring prior to, contemporaneous with or subsequent to the effective date of
this subsection.
C. Boards, commissions and committees. To create and appoint boards, commISSIOns and
committees to advise and assist the city in carrying out municipal functions.
D. Police, fire and sanitary. To provide police, fire, sanitary and similar protection and services; to
exercise police powers and to protect and preserve peace and order within the city; and to impose
such penalties and/or imprisonment for the violation of any ordinance as may be permitted by
law.
E. Purchases and sales. To provide rules and regulations for all purchases and sales made for and on
behalf of the city.
F. Civil service and pensions. To establish and regulate civil service, pension and insurance plans,
hospitalization, death and other benefits for city employees in accordance with the laws of
Florida.
G. Financial authorities. To expend the money of the city for all lawful municipal purposes and to
borrow money for all lawful municipal purposes. When any proposal for the borrowing of
money in any manner, except through a leasing arrangement, shall receive a majority vote of the
members of the City Commission and the amount to be borrowed exceeds one hundred thousand
dollars ($100,000.100.000.00), such action shall not be effective unless it has been acted upon by
the City Commission after a public hearing preceded by at least seven (7) days' notice of the
hearing and the proposed action by publication in a newspaper of general circulation in the City
of Ocoee. The City Commission shall have the right to waive the notice requirement hereunder
by affirmative vote of a majority of the members of the City Commission present and voting,
provided that the City Commission determines that circumstances surrounding the borrowing of
money constitute an emergency which requires immediate action by the City Commission.
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H. Franchises. To grant exclusive and nonexclusive franchises and privileges in the city but only
after a public hearing preceded by at least thirty (30) days' notice of the hearing and the proposed
action by publication once a week for four (4) consecutive weeks in a newspaper of general
circulation in the City of Ocoee.
1. Bonds. To issue certificates of indebtedness, revenue bonds or assessment bonds; to pay all or
part of the cost of the acquisition, construction, reconstruction, extension, repair, improvement,
maintenance or operation of any city project or combination of projects; to provide for any
facility, service or other activity of the city; to provide for the retirement or refunding of any
bonds or obligations of the city or for any combination of the foregoing purposes.
J. Lakes, ponds and rivers. To regulate, control and restrict the use of or drainage into lakes, ponds,
rivers, streams and other watercourses and adjacent wetlands and uplands within the city.
K. Alcoholic beverages. To the extent permitted by law, to regulate, restrict and control the
manufacture, transportation, possession and sale of alcoholic beverages within the city.
L. Nuisances. To declare what shall constitute a nuisance, prevent the same and authorize the
removal thereof.
M. Transportation. To the extent permitted by law, to regulate the services to be rendered and rates
to be charged by buses, cabs and other vehicles for the carrying of passengers and baggage and
to own, acquire and operate common, private or contract carriers and other transportation
facilities and devices, whether now or hereafter invented or developed.
N. Taxation. Except to the extent expressly prohibited by the laws of Florida, to assess, levy and
collect taxes for all municipal purposes upon all businesses, property, privileges and professions
and to establish special taxing districts or assessment areas encompassing all or a portion of the
city.
O. Condemnation of buildings. To condemn and remove, cause to be removed, order to be
demolished and removed or to be put in a state of sound repair any and all dilapidated, unsanitary
or unsafe buildings or structures and to provide and enforce by ordinance a penalty for the failure
to do so.
P. Buildings and structures. To regulate the construction, alteration, maintenance, repair,
equipment, occupancy, location, removal and demolition of every building or structure and any
appurtenances connected or attached to such buildings or structures and to exercise all powers
and all other municipal and legislative enactments in favor of the city pertaining to building
regulation.
Q. Maintenance of private property. To require all lands, property, lots, bodies of water and other
premises within the city to be kept clean, sanitary and free from excessive weed growth or to
make them so at the expense of the owner by assessing the cost against the property; to establish
by ordinance that the assessment will be a lien on the property until discharged by payment.
[Amended 1-5-1999 by Ord. No. 99-071]
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1 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-
1999. Said ordinance also provided for an effective date of 6-1-1999.
R. Industry control. To regulate, restrain or prevent any industry which IS dangerous or so
obnoxious as to constitute a nuisance.
S. Beautification of public lands. To regulate and beautify the streets, parks and public
thoroughfares of the city and to regulate and restrict the construction and location of signs,
signboards, billboards, placards and handbills.
T. Compliance with city requirements prerequisite to subdivision. To require any subdivider to
conform to requirements of the city for the design of any subdivision and for the construction
and maintenance of roadways, sidewalks, recreation areas, utility easements, sewage disposal
services, drainage facilities, including retention and detention ponds, and area of lots and blocks
and such other regulations as may be provided to protect the public health, safety and welfare;
and the city may require, before the approval and adoption of any subdivision plat, that the
owner of the lands included within such plat enter into a bond with the City of Ocoee, executed
by a licensed surety company in the State of Florida, as surety in a sufficient sum to insure the
provisions of this Charter and any ordinances adopted by the City Commission are complied
with.
U. License taxes. To levy, impose and collect license taxes upon all occupations and privileges to
the extent not otherwise prohibited under the laws of Florida and to provide by ordinance
penalties for failure or refusal to pay such license taxes; to provide by ordinance that all such
license taxes so imposed shall constitute a legal indebtedness to the city and shall constitute a
lien on all property of the debtor and may be recovered in any court of competent jurisdiction,
along with penalties, reasonable costs and the city's fees, including attorney's fees, and no
property of such debtor shall be exempt from sale for such indebtedness except as otherwise
provided under the laws of Florida.
V. Public services and utilities. To the extent permitted by law, the city may construct, acquire,
furnish, operate and maintain any and all local public services and utilities and levy charges for
the use of such services and utilities.
W. Public works. To exercise all powers with reference to municipal public works as set forth under
the laws of Florida.
X. Recreational facilities. To establish a system of public recreation and to set aside any lands or
buildings owned or leased by the city for recreational purposes; to charge reasonable fees and
deposits for access to any such facilities or activities.
Y. Advertising. To advertise and promote the interests of the city and its residents through
legitimate and recognized means.
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Z. Conservation. To designate, set aside and maintain lands and areas within the city as
conservation areas or bird and wildlife sanctuaries; to stock such areas with animal and plant life
and to stock water areas with fish and other aquatic life; to promulgate and enforce rules and
regulations with respect thereto and to protect and preserve the natural beauty thereof; and to do
all acts necessary or desirable in order to qualify such lands and areas as conservation areas and
sanctuaries under any of the laws of Florida or under federal law .
AA. Sewer and water systems. To own, acquire, construct, reconstruct, equip, operate, maintain,
extend, improve and regulate the water systems (includim! reclaimed water svstems), sewer
systems or combined water and sewer systems; to levy and collect fees for the use of such
systems; to exercise all powers derived from other municipal and legislative enactments in favor
of the city pertaining to the sewage and water systems.
BB. Drainage and flood control. To own, acquire, construct, reconstruct, equip, operate, maintain,
extend and improve drainage, reclamation, irrigation, water and flood control and erosion control
works and facilities of every nature and kind, including, without limitation, canals, ditches,
drains, drainage wells, dikes, levees, pumps, plants, sluiceways, floodways, drainage holding
basins and other works, machinery, plants and facilities for use in connection therewith.
CC. Cemeteries, mausoleums and crematories. To own, acquire, operate and maintain cemeteries,
mausoleums and crematories and otherwise provide for the burial of the dead.
DD. Fees for services. To offer and furnish the city's facilities and services to persons, firms,
corporations, political subdivisions and other public or private agencies or bodies and to collect
fees, rentals and other charges for such facilities and services.
EE. Roads. To regulate vehicular and pedestrian traffic and the use of roads, streets, alleys and other
public places.
FF. Cooperative agreements. To enter into cooperative, intergovermnental agreements concerning
the exercise of any powers and authorities of the city provided for in this Charter or under the
Constitution and the laws of Florida. Without limitation on the foregoing, the city may receive
assistance from and exercise all of its powers jointly or in cooperation with the federal
government, the state and other units of local govermnent and may undertake and finance any of
the projects provided for under this Charter or under law, in whole or in part, jointly with any
municipality now existing or hereafter created or in any other manner combine the projects of the
city with projects of another municipality on such terms and conditions as the city may approve.
To the extent permitted by law, the provisions of this Charter and all of the rights, powers and
privileges of the city under law with respect to city projects shall be applicable to such joint or
common projects.
QQ. Preservation of lakes and waterways. To preserve and maintain the lakes and waterways; to
herbicide, harvest and sell, chemicalize or control, abate and eliminate by any biological,
mechanical or other means lake weeds, hyacinths or other growths that impair recreational and
aesthetic uses; to levy special tax assessments on lakefront property owners; to tax generally and
specially; and to establish special taxing districts to accomplish the above.
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HH. Zoning. To create and establish a City Planning and or Zoning Commission; to regulate the
construction of all buildings; to exercise all powers with reference to municipal zoning as set
forth under the laws of Florida.
ARTICLE III
City Commission
~ C-9. Created; composition, designation, election generally. [Amended 9-20-1988 by Drd. No. 88-28]
There is hereby created a City Commission, to consist of five (5) members, one (1) of whom shall be
known and designated as the "Mayor"; the other four (4) shall be known and designated as "Commissioners."
One (1) of the Commissioners shall also be known and designated as "Mayor Pro Tern oro tern." The Mayor
shall represent the city at large, and the Commissioners shall each represent the single-member district in which
they reside. The Mayor shall be elected by the electors of the city at large. The Mavor shall be considered to be
a member of the Citv Commission without regard to the manner of election of the Mavor and without regard to
whether the Mavor remesents the Citv at large or a single-member district. Each of the Commissioners shall be
elected by the electors residing only in the respective single-member district which he represents on the City
Commission. The Mayor Pro Tern oro tern shall be elected from among the Commissioners by the City
Commission but shall continue to represent the district in which such Commissioner resides. The Mayor Pre
+em-oro tern shall be elected at the first City Commission meeting following the swearing in of the candidates
elected at each general city election (unless there is a runoff election, in \vhich case the Mayor Pro Tern shall be
elected at the first City Commission meeting following the swearing in of the candidates elected at such runoff
election) and shall serve as Mayor Pro Tern oro tern until the successor is elected. The City Commission shall
hold office in the manner hereinafter provided and shall constitute the governing body and authority of the City
of Ocoee with all the powers and privileges herein granted and provided. Except as otherwise provided in this
Charter, whenever this Charter contains a reference to "all members of the City Commission", such reference
shall include the entire City Commission and shall not be construed to include only those members present and
voting.
~ C-I0. Judge of qualifications.
The City Commission shall be the judge of the election and qualifications of its members and of the
grounds for forfeiture of their office and for that purpose shall have, to the extent permitted by law, power to
censure. subpoena witnesses, administer oaths and require the production of evidence. A member charged with
conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice
of such hearing shall be published in a newspaper of general circulation in the city at least seven (7) days prior
to the hearing. Decisions made by the City Commission under this section shall be subject to review by the
courts. Nothing contained herein shall be construed to deprive any member of the City Commission of such
member's right to due process under the Constitution and the laws of the United States and the State of Florida.
~ C-ll. Eligibility. [Amended 9-20-1988 by Drd. No. 88-28]
Only qualified electors of the city shall be eligible to qualify for and to hold the offices of Mayor and
Commissioner. Each candidate for the office of Mayor shall, at the time of qualifying as a candidate for such
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office, be a bona fide resident of the city. The Mayor shall, during the entire term of office, be a bona fide
resident of the city. Each candidate for the office of Commissioner shall, at the time of qualifying as a candidate
for such office, be a bona fide resident of the single-member district which such candidate seeks to represent.
Each Commissioner shall, during the entire term of office, be a bona fide resident of the single-member district
which such Commissioner represents.
~ C-12. Prohibitions.
A. Holding other offices. Except where authorized by law, no member of the City Commission
shall, while being a member of the City Commission, hold any other office, whether such office
be federal, state, county or municipal, or hold any other employment with the City of Ocoee. No
former member of the City Commission shall hold any compensated appointive city office or
employment until one (1) year after the expiration of such member's term or the vacating of such
member's office.
B. Appointments and removals. Except as otherwise provided in this Charter or under the laws of
Florida and except for inquiries and investigations into the affairs of the city, no member of the
City Commission shall in any way deal with or dictate the appointment or removal of any city
officers or employees who are subject to the supervision or control of the City Manager, or any
subordinates of the City Manager, or who the City Manager, or any subordinates of the City
Manager, is empowered to appoint; provided, however, that each member of the City
Commission shall be entitled to express such member's views pertaining to the appointment and
removal of such officers and employees and to fully and freely discuss those views with the City
Manager.
C. Influencing votes or political aid. No member of the City Commission shall attempt to influence
the vote of any other member by promising anything of value to such other member for the
purpose of gaining political aid or influencing votes.
~ C-13. Regular and special meetings; meetings and records open to public; rules and order of business;
record of proceedings.
The City Commission shall meet at the usual place for holding the meetings of the legislative body of
the city and at such times as may be prescribed by ordinance or resolution, except that it must meet regularly at
least once each month. An agenda of all items wherein City Commission action may be required shall be
prepared by the City Manager or the City Manager's designee for all regular and special City Commission
meetings; provided, however, that any member of the City Commission may direct the City Manager to place
items on the agenda for action or discussion by the City Commission. Such agenda shall be made available to
the public at least twenty-four (24) hours prior to all regular and special City Commission meetings. Only
matters on the agenda or matters of an emergency nature may be acted upon by the City Commission. The
Mayor alone shall have the power to declare what shall constitute an emergency matter; provided, however, that
such power shall not in any way be used for the purpose of evading the requirements of this section. Any
member of the City Commission may call special meetings of the City Commission upon at least twenty-four
(24) hours' notice to the public and at least twenty-four (24) hours' 'Nritten notice to each member of the City
Commission, served contacted personally or left at their usual place of business. The notice requirement to the
members of the City Commission shall be deemed satisfied if a waiver of notice is signed by all members of the
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City Commission or if all members are present at roll call. The Mayor or Mayor Pro Tem oro tem may, to the
extent permitted by law, call emergency sessions upon such notice as may be appropriate and effective under
the circumstances. Except as otherwise provided under the laws of Florida, all meetings of the City Commission
and all committees thereof shall be public, and any citizen shall have access to the minutes and records thereof
at all reasonable times. The City Commission shall determine its own rules and order of business and shall keep
a record of its proceedings.
~ C-14. Quorum; necessary vote for adoption of ordinances and resolutions; roll call.
A majority of all members of the City Commission shall constitute a quorum, but a lessor lesser number
may adjourn from day to day. Except as otherwise provided under the laws of Florida, all members of the City
Commission shall have the right to vote on all ordinances, resolutions and other matters coming before the City
Commission for action. The affirmative vote of a majority of all members of the City Commission shall be
necessary to adopt any ordinance or resolution. The vote of each member of the City Commission shall be
recorded and entered in the minutes.
~ C-15. Absence from meetings.
Absence from four (4) consecutive regular meetings of the City Commission shall vacate the seat of the
member absent, unless such absence is excused by the City Commission by resolution setting forth the fact of
such excuse duly entered in the minutes.
~ C-16. Compensation Salarv; expenses.
The City Commission may determine the annual salary of the Mayor, the Mayor Pro Tem oro tem and
the Commissioners by ordinance, but no ordinance increasing such salary shall become effective until the date
of commencement of the terms of members of the City Commission elected at the next regular city election,
provided that such election follows the adoption of such ordinance by at least six (6) months. Members of the
City Commission shall receive their actual and necessary expense incurred in the performance of their duties of
office.
~ C-17. Vacancies; forfeiture of office; filling of vacancies.
A. Vacancies. The office of a member of the City Commission shall become vacant upon the
member's death, resignation, forfeiture of office or removal from office in any manner authorized
by law.
B. Forfeiture of office. Any member of the City Commission shall forfeit his office if he lacks at
any time during one's term of office any qualification for the office prescribed by tillS Charter or
by law or is convicted of a felony or any crime involving moral turpitude. The provisions of this
subsection shall be exercised in accordance with the provisions of S C-IO.
C. Filling of vacancies. If any vacancy, other than the Office of Mayor, occurs in the City
Commission, an eligible person shall be selected by the City Commission within thirty (30) days
of the vacancy to serve until the successor is elected, unless a special election is called by the
City Conunission hereunder. If a vacancy occurs in the office of Mayor, the Mayor Pro Tern oro
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~m shall serve as Mayor until the successor is elected. The City Commission shall appoint a
Commissioner to fill the vacancy created by the Mayor Pro Tern ow tern serving as Mayor; such
Commissioner shall serve until such time as a Mayor is elected. The successor to the office of
Mayor or Commissioner shall be elected at the next general city election if such election is to be
held within six (6) months of the vacancy. If a general city election will not be held within six (6)
months, the successor shall be elected at a special election which shall be called by the City
Commission within tflH:ty--ninetv (;G-2Q) days of the vacancy. The successor shall serve for the
unexpired term of the member who created the vacancy. If all members of the City Commission
are removed at the same time, the Governor of the State of Florida shall appoint an interim City
Commission that shall call a special election within tfl.i.fty-ninetv (~2ID days of appointment.
~ C-18. Independent audit.
The City Commission shall provide for an independent annual audit of all city accounts and may provide
for more frequent audits as it deems necessary. Audits shall be made by a certified public accountant or firm of
accountants who or which has no personal interest, direct or indirect, in the fiscal affairs of the city government
or any of its officers. The City Commission may designate such accountant or firm annually or for a period not
exceeding three (3) years, provided that the designation for any particular fiscal year shall be made no later than
thirty (30) days after the beginning of such fiscal year. If the state makes such an audit, the City Commission
may accept it as satisfying the requirements of this section.
~ C-19. Initiative and referendum.
A. Initiative and referendum generally.
(l) Initiative. The qualified electors of the city shall ha':e the po\.ver to propose ordinances to
the City Commission, and if the City Commission fails to adopt an ordinance so proposed
without any change in substance, such electors shall have the power to adopt or reject it
at a city election, provided that such power shall not extend to the budget or capital
program or any ordinance relating to appropriation of money, levy of taxes or salaries of
city officers or employees.
(2) Referendum. The qualified electors of the city shall have the power to require
reconsideration by the City Commission of any adopted ordinance, and if the City
Commission fails to repeal an ordinance so reconsidered, such electors shall ha':e the
power to approve or reject it at a city election, provided that such pO'.ver shall not extend
to the budget, capital program, any emergency ordinance or any ordinance relating to
appropriation of money, levy oftmces or salaries of city officers or employees.
B. Commencement of proceedings. Any five (5) qualified electors may commence initiative or
referendum proceedings by filing '.-'lith the City Clerk an affidavit stating that they will constitute
the petitioners' committee and be responsible for circulating the petition and filing it in proper
fOID1, stating their names and addresses and specifying the address to which all notices to the
committee are to be sent and setting out in full the proposed initiative ordinance or citing the
ordinance sought to be reconsidered.
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C. Petition8. Each initiative or referendum petition filed ""lith the City Clerk shall comply with the
follO'.ving requirements, and any failure to comply with anyone (1) or more of the following
requirements shall render the petition insufficient:
(1) Number of signatures. Initiative and referendum petitions must be signed by qualified
electors of the city equal in number to at least ten percent (10%) of the total number of
qualified electors registered to vote at the last regular city election.
(2) Fom1 and content. .^Jl papers of a petition shall be uniform in size and style and shall be
assembled as one (1) instrument for filing. Each signature shall be executed in ink or
indelible pencil and shall be followed by the address and the fully printed name of the
person signing. Petitions shall contain or have attached thereto, throughout their
circulation, the full text of the ordinance proposed or sought to be reconsidered. Petitions
shall also contain a statement above each signature that the signer had an opportunity to
read the ordinance before signing.
(3) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an
affidavit executed by the circulator thereof stating the address and fully printed name of
the circulator, that the circulator personally circulated the paper, the number of signatures
thereon, that all the signatures '""ere affixed in the circulator's presence, that the circulator
believes them to be the genuine signatures of the persons whose names they purport to be
and that each signer had an opportunity before signing to read the full text of the
ordinance proposed or sought to be reconsidered.
D. Procedure for filing. l.\mended 1 5 1999 by Ord. No. 99 072]
2 Editor's Note: This ordinanee Vlas approved by the eleetorate of the City of Oeoee by referendum 3 9
1999. Said ordinance also provided for an effeetiye date of () 1 1999.
(1) Certificate of City Clerk; amendment. Within thirty (30) days after an initiati';e petition
or referendum petition is filed, the City Clerk shall complete a celiificate as to its
sufficiency, specifying if it is insufficient the particulars ,....herein it is defective, and shall
send a copy of the certificate to the petitioners' committee by certified mail. Grounds for
insufficiency are only those specified in Subsection C hereinabove. A petition certitied
insufficient may be amended once, provided that the text of the petition is not
substantially changed in any way and the petitioners' committee files a notice of intention
to amend it with the City Clerk within seven (7) days after receiving a copy of the
certificate and files a supplementary petition upon additional papers 'Nithin ten (10) days
after receiving the copy of such certificate. Such supplementary petition shall comply
'.'I'ith the requirements of Subsection C hereinabove. \Vithin seven (7) days after it is filed,
the City Clerk shall complete a certiticate as to the sufficiency of the petition, as
amended, and shall promptly send a copy of such certificate to the petitioners' committee
by certitied mail as in the case of an original petition. If a petition or amended petition is
certitied insufficient and the Petitioners' Committee does not elect to amend or request
City Commission review under Subsection 0(3) of this section within the time required,
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the City Clerk shall promptly present 't'fi '
certificate shall then be a final determina~i~nc~~~o ~~~ s~ofd~i:l~~~)~f~~:l;;~~:i:~~' and the
(2) .^~ssistance to the City Clerk The Cit 'Gl I ...
assistance of the Supervisor ~f Electi~ls f~; ( ~ay, \'l1thm hlS sol.e di~cretion, seek the
City Clerk's duties hereunder. In such e" t 0 an~e ,County, FlorIda, ~n performing the
certifying the sufficiency of all petitions ',en 1 ~e CIty C~erk sh~l~ remam responsible for
, mc u mg amen-cd petltlons.
(3) ~~~~~:;em~~:~o~o~e~~:'~~:{c~ ~;~~:~~~t:~a: t~e:~;~~t~~~~ /;~~f~~~e~~ ~ld ~l~~ pe:itio~ers'
certlfied msufficient, the committee may "'ithin se"en e pe.I lOn 'las een
of sucl~ certificate, file a request that it be"reviewect b/;l~ed~: ,agel' re~el':'ing the coPY
CommIssion shall review the certificate at 't t ' l) ,omI111sslOn, The Clty
I S nex mcetmg follo"'mg tHe fir 0' f I
~:e~:l:~:i::::o::,~: ;~:a;::~~:~~)' ~~~a;i~t~i::.rni"ion" d;;errninalio~n~:li ~~c~
Referendum petitions; suspension of effects of ordinance.
(1) \1/hen a referendum petition is filed '.vith the City Clerk the d'
. a a I II ' or mance SOHg Ht te ee
reconSI ere s 1a ?e suspended from taking effect if it has not already beco C fD '"
as of the date of filmg the referendum petition. Such suspension shall termina~eV'~le~~tl' e
(a) There is a final determination of insufficiency of the petition;
(b) The petitioners' committee \vithdraws the petition;
(c) The City Commission repeals the ordinance; or
(d) A vote on the ordinance by the electors of the city has been certified.
Thd~ filing of a referendum pet~tion s~all not affect the validity of or enforcement of the
or mance sought to. ~e reconsldered If such ordinance is effective on the dat f fir
such referendum petltlOn. e 0 mg
E,
(2)
F, .'\ction on petitions.
(1)
(2)
~~~tion. bYd CitYf;~mmission. ~'hen an initiative or referendum petition has been tinally
. e. ~r~l,ne s.u clen~, the CIty Commission shall promptly consider the 1'0 osed
mltlatl, e ordmanoe m the manner nro' 'I' ,le,l l't' ^ rtl'cl III ',l P P
a' ~ l"" tt tt .... e n~ or reconSltter tHe f a
or lR~~ce by voting on it, repeal. If lae City Commi",ion fail, to ado' t' a :~ e::~d
lRlllell . e orclmaace WI taout any change ia ""b,tance wi taia forty fi va (15) Xa ., :r f:ib to
lopeal the r~felTcd ordmance wlthm forty tive (15) days, it shall submit the) . d'
referred ordmance to the electors of the city. plopose 01
Submission to e~ectors. The proposed or referred ordinance shall be submitted to tl e
electors of the CIty not less than ninety (90) days and not later than one hundred fit{y
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(150) days from the date that the petition was determined sufficient. If no regular city
election is to be held within the periods described in this subsection, the City
Commission shall provide for a special election to be held ",....ithin the abo','e described
period. Copies of the proposed or referred ordinance shall be made available at the polls
and at City Hall.
(3) \Vithdrawal of petitions. ",\.n initiative or referendum petition may be withdrav;n at any
time prior to the 15th day preceding the date on which the proposed or referred ordinance
is to be submitted to the electors of the city by filing ",lith the City Clerk a properly
notarized request for withdrawal signed by at least four (1) members of the petitioners'
committee. Upon the filing of such request, the petition shall have no further force or
effect, and all proceedings thereon shall be terminated.
G. Results of election.
(1) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance
vote in its favor, it shall be considered adopted upon certification of the election results
and shall be treated in all respects in the same manner as ordinances of the same kind
adopted by the City Commission. If conflicting ordinances are approved at the same
election, the one receiving the greatest number of affinnati';e votes shall pre';ail to the
extent of such conflict.
(2) Referendum. If a majority of the qualified electors voting on a referred ordinance vote
against it, it shall be considered repealed upon certification of the election results.
H. Repeal of ordinances adopted by electoral votes. No ordinance adopted by an electoral vote shall
be repealed or amended except by an electoral vote, but an ordinance to repeal or amend any
such ordinance may, by resolution of the City Commission, be submitted to an electoral vote at
any regular election or at any special election, pro';ided that notice of the intention to do so is
published not more than sixty (60) days nor less than thirty (30) days prior to such election.
A. Initiative Ordinance. Any mooosed ordinance may be submitted to the City Commission by a
oetition si!:!ned bv ten (10%) of the total number of qualified re!:!istered yoters of the City of
Ocoee. Within six (6) weeks after filin!:! of such oetition. the City Commission may oass said
ordinance. or shall call a soecial election to be held within ninety (90) days. at which the
adootion or reiection of such ordinance shall be submitted to the qualified voters of the City. If a
maiority of the qualified voters votin!:! on the mooosed ordinance shall vote in fayor thereof. then
the ordinance shall thereuoon become a yalid ordinance of the City. Anv number of orooosed
ordinances may be yoted uoon at the same election accordin!:! to the oroyisions of this section.
B. Referendum Ordinance. Exceot for emer!:!encY ordinances. every ordinance shall take effect ten
(10) days after its oassa!:!e. unless a lon!:!er time be named therein or unless otherwise orovided
by law. Ifmior to the takin!:! effect of any ordinance. a oetition si!:!ned bv ten (10%) of the total
number of qualified re!:!istered voters of the City of Ocoee shall be filed with the City
Commission orotestin!:! a!:!ainst the enactment of such ordinance. then such ordinance shall be
susoended from takin!:! effect. Thereuoon. unless the City Commission shall. within six (6)
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weeks after the filinQ of such oetition. reconsider or reneal such ordinance. the same shall be
submitted to an election to be held as orovided in oaraQraoh A above. and such ordinance shall
not be ooerative if a majority of the votes cast be in onnosition thereto. The susoension of the
effective date of such ordinance shall be lifted uoon the certification of the results of any such
election.
C. City Commission. The City Commission may on its own motion submit to the nonular vote for
the adoDtion or rejection of any omoosed ordinance. If a majority of the Qualified voters voting
on the manosed ordinance shall vote in favor thereof. then the ordinance shall thereuoon become
a valid ordinance of the City. Anv number of nmoosed ordinances may be voted uoon at the
same election according to the nrovisions of this section.
~ C-20. Duties and emergeney po\\'ers of the Mayor.
The Mayor shall preside at all meetings of the City Commission and shall be recognized as the head of
the city government for all ceremonial purposes and by the Governor of the State of Florida for the purposes of
military law, civil law and nuroose of service of process~ but shall have no regular administrative duties. The
Mayor shall sign all deeds, contracts, agreements, bonds, notes, obligations and other legal documents of the
city. The Mayor shall prepare and present to the city an annual state of the city message in the month of January
of each year in which the Mayor holds office. In time of insurrection, general conflagrations, catastrophe or
great or widespread public emergency, the Mayor shall become the head of the government and shall exercise
those powers delegated to the Mayor under the laws of Florida. In the absence or disability of the Mayor, the
functions ofthe Mayor shall be discharged by the Mayor Pro Tem. om tem. In the absence or disability of both
the Mavor and the Mayor oro tem. the functions of the Mavor shall be discharQed bv the then-current City:
Commissioner who has held such oosition for the 10nQest time. or as may otherwise be nrovided bv ordinance.
ARTICLE IV
City Manager
~ C-21. Appointment; qualifications; compensation. [Amended 1-5-1999 by Ord. No. 99-073]
3 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-
1999. Said ordinance also provided for an effective date of 6-1-1999.
The City Commission shall appoint by affirmative vote of a majority of all its members a City Manager
for a minimum term of one (1) year. The City Manager shall be appointed solely on the basis of executive and
administrative qualifications and need not be a resident of the City of Ocoee or the State of Florida at the time
of appointment. The City Manager may reside outside the city while employed as City Manager, subject to the
approval of the City Commission. shall be a resident of the City at the time he becomes an emolovee of the City
or shall aQree to become a resident of the Citv within 90-days from the date he becomes an emnloyee of the
City: nmyided. however. that the foreQoinQ residency reQuirement shall only annlv to a City Manager who
becomes an emoloyee of the City after Aoril 1. 20 I O. The City Commission may Qrant one (1) 90-day
extension of the time oeriod within which the City ManaQer is reQuired to become a resident of the City. If the
City ManaQer fails to become a resident of the City within said timeframe or if after becominQ a resident of the
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Citv. the Citv Mana2:er ceases to be a resident of the Citv. then such circumstance shall be considered to be a
voluntarv resi2:nation bv the Citv Mana2:er and he shall cease to serve in that Dosition. The City Commission
shall fix the compensation of the City Manager and shall meet annually with the City Manager to review and
evaluate the City Manager's performance. The City Commission may enter into an employment agreement with
the City Manager addressing terms and conditions of employment not inconsistent with or in conflict with the
provisions of this Charter. Any such employment agreement may provide that the City Manager may be
terminated without cause at any time during the term of the employment agreement, subject to compliance with
the procedures set forth in S C-22. Further, any such agreement may provide for circumstances under which the
City Manager may be temporarily suspended with or without pay.
~ C-22. Termination. [Amended 1-5-1999 by Ord. No. 99-074]
4 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-
1999. Said ordinance also provided for an effective date of 6-1-1999.
The City Commission may terminate the employment of the City Manager in accordance with the
follo\ving procedures:
"
~ ,L.
B.
The City Commission shall adopt by affirmative yote of a maJonty of all its members a
preliminary resolution stating its intention to terminate the employment of the City Manager and
such preliminary resolution may also suspend the City Manager from duty for a period not to
exceed forty fi'le (15) days. .". copy of the resolution shall be delivered promptly to the City
Manager.
Within five (5) days after a copy of the resolution is delivered to the City Manager, the City
Manager may file with the City Commission a '.witten reply and/or a written request for a public
hearing. If requested, this hearing shall be held at a regular or special City Commission meeting
no earlier than fifteen (I5) days and no later than thirty (30) days after the request is filed.
C.
The City Commission may adopt by affirmative vote of a majority of all its members u final
:es;:ution termi..Iing Ihe employment of Ihe City Man.ger, which m.y be made effective
.; ~iately upon adoptIOn. Such resolutIOn may be adopted at any tnne after five (5) days from
the date a copy of the preliminary resolution was delivered to the City Manager, if the City
~1~n:~;r has not requested a public hearing. If the City Manager has requested a hearing, such
resolution may be adopted at any time after the hearing. In the event that the City Commission
~a: 10 termiR.te tRe Cily MaRager iR the manner provided hereuRder wi Ihin forty live (15) du ys
f the date of adoption of the preliminary resolution, then the City Manager shall
automatically be reinstated if the preliminary resolution suspended the City Manager and the
preliminary resolution shall thereafter no longer be of any force or effect.
D.
The City Manager shall continue to receive a salary during the period of suspension and, if
te;~i~;ted, shall receive a salary until the effecti'.'e date of a final resolution of termination. The
;~ti~~ of the City Commission in suspending or terminating the City Manager shall not be
subject to revie'.\' by any court or agency. A nonrenewal of the City Manager's employment
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!U411496.1
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agreement with the city shall not constitute a tennination hereunder requiring compliance with
the provisions of this section in order to terminate employment.
E. The procedures set forth herein shall also be applicable to a termination of an employment
agreement ,,,,,ith the City Manager; provided, hovvever, that if such employment agreement
requires that a termination be for cause, then the preliminary and final resolutions shall set forth
the cause for tennination.
If the City Manag:er declines to resiQ:n at the reauest of the City Commission. the City Commission may
susoend the City ManaQ:er bv resolution aooroved bv a maioritv of the total membershio of the City
Commission. A coov of such resolution shall be served immediatelv uoon the City ManaQ:er. The City
Manm!er shall have fifteen (15) days in which to reolv thereto in writing:. and uoon request. shall be afforded a
oublic hearinQ:. which shall occur no earlier than fifteen (15) days nor later than thirty (30) days after such
hearing: is requested. After the oublic hearinQ:. if one is requested. and after full consideration. the City
Commission may. bv a maioritv vote of its total membershio. adoot a final resolution tenninating the City
Manag:er. The Citv Manager shall continue to receive full salarv until the effective date of such resolution. A
nonrenewal of the City Manag:er's emolovment ag:reement with the city shall not constitute a termination
hereunder requiring: comoliance with the orovisions of this section in order to terminate emolovment. The
orocedures set forth herein shall also be aoolicable to a tem1ination of an emolovment ag:reement with the City
Manag:er: orovided. however. that if such emolovment ag:reement requires that a termination be for cause. then
the resolutions discussed above shall soecificallv set forth the cause for termination.
~ C-23. Acting City Manager. [Amended 1-5-1999 by Ord. No. 99-075]
5 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-
1999. Said ordinance also provided for an effective date of 6-1-1999.
A. There shall be an Acting City Manager who shall exercise the powers and perfo1TI1 the duties of
City Manager during the temporary absence, disability or suspension of the City Manager, or
during such time as there is a vacancy in the position. In the case of a temporary absence, the
City Manager shall designate, by letter filed with the City Clerk, a qualified city administrative
officer to serve as Acting City Manager. In the event that (1) the City Manager fails to designate
someone as Acting City Manager as required hereunder, (2) the City Manager has been
suspended or is disabled or (3) there is a vacancy in the position of City Manager, then in any of
such events the City Commission may then appoint a qualified Acting City Manager.
B. The Acting City Manager shall serve at the pleasure of the City Commission and may be
removed by the City Commission at any time, with or without cause. The removal of the Acting
City Manager shall not affect, in any manner, any other positions such person may hold with the
city. The provisions of S C-22 of this Article shall not apply to an Acting City Manager.
C. The Acting City Manager shall serve as City Manager until such time as the City Manager
resumes the position of City Manager, a new City Manager is appointed by the City Commission
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pursuant to S C-21 of this Article or the Acting City Manager is removed and a new Acting City
Manager is appointed by the City Commission.
~ C-24. Powers and duties of City Manager.
The City Manager shall be the chief administrative officer of the city and shall be responsible for the
administration of all city affairs for which the City Manager is given responsibility under this Charter. The
powers and duties of the City Manager shall include, but not be limited to, the following:
A. To appoint and, when deemed necessary for the good of the city, to suspend or remove any city
employees emolovee or appointive administrative officers officer unless otherwise provided
under this Charter, the laws of Florida or any personnel rules and regulations adopted by the city.
The City Manager may authorize any administrative officer who is subject to the City Manager's
direction and supervision to exercise these powers with respect to subordinates in such officer's
department, office or agency.
B. To direct and supervise the administration of all departments, offices and agencies of the city,
except as otherwise provided under this Charter or the laws of Florida.
C. To attend all City Commission meetings and take part in any discussion at such meetings. This
shall not be construed to include the right to vote at such meetings.
D. To ensure, to the extent possible, that all provisions of this Charter and all laws and acts of the
City Commission that are subject to enforcement by the City Manager or by officers subject to
the direction and supervision of the City Manager are faithfully executed.
E. To prepare and submit to the City Commission the annual budget and capital program for the
city.
F. To prepare and submit to the City Commission a complete report on the finances and
administrative activities of the city as of the end of each fiscal year. Such report shall also be
made available to the public.
G. To prepare and submit to the City Commission such other reports as the City Conunission may
require concerning the operation of city departments, offices and agencies subject to the direction
and supervision of the City Manager.
H. To prepare and submit to the City Conunission on a quarterly basis a complete report on the
financial conditions and future needs of the city and to make recommendations relating thereto.
1. To perform such other duties as may be required under this Charter or as may be required by the
City Commission.
1. To recommend to the City Commission the salary and wage scale of officers and employees of
the city.
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ARTICLE V
Administrative Departments
~ C-25. General provisions.
A. Creation of departments. The City Commission may establish city departments, offices or
agencies in addition to those created by this Charter and may prescribe the functions of all such
departments, offices and agencies, except that no function assigned by this Charter to a particular
department, office or agency may be discontinued or assigned to any other except by ordinance
adopted by the City Commission.
B. Direction by City Manager. All city departments, offices and agencies under the direction and
supervision of the City Manager shall be administered by an officer appointed by and subject to
the direction and supervision of the City Manager. With the consent of the City Commission, the
City Manager may serve as the head of one (1) or more such departments, offices or agencies;
provided, however, that the City Manager may not serve as the Chief of Police or the City Clerk
of the city.
C. Residencv Reauirement. The Assistant City Manager. Police Chief. Fire Chief and all directors
of city deoartments shall be a resident of the City at the time such oerson becomes an emolovee
of the City or shall agree to become a resident of the City within 90-davs from the date such
oerson becomes an emolovee of the City: orovided. however. that the foregoing residency
reauirement shall on Iv aoolv to an Assistant City Manager. Police Chief. Fire Chief or director of
a city deoartment who becomes an emolovee of the City after Amil 1. 2010. The City Mana~
may grant one (1) 90-dav extension of the time oeriod within which any such oerson is reauired
to become a resident of the Citv. If such oerson fails to become a resident of the City within said
timeframe or if after becoming a resident of the Citv. such oerson ceases to be a resident of the
City. then such circumstance shall be considered to be a voluntary resignation as an emolovee of
the City and such oerson shall cease to serve in that oosition and shall cease to be an emolovee of
the Citv.
~ C-26. City Attorney.
There shall be a City Attorney who shall be appointed by a majority of all members of the City
Commission. The City Attorney shall act as the attorney and counselor for the city. The City Attorney shall
prepare and/or review as to form and legality all contracts, agreements, bonds and other written instruments to
which the city is a party. When required to do so, the City Attorney shall prosecute and defend for and in behalf
of the city all complaints, suits and controversies in which the city is a party. The City Attorney shall furnish to
the City Commission and the City Manager an opinion on any question of law affecting the city and shall
perform such other professional duties as may be consistent with this Charter and required by ordinance or
resolution of the City Commission, prescribed for City Attorneys under the laws of Florida or otherwise
requested by the City Commission or the City Manager. The City Attorney shall be a lawyer admitted in and
having authority to practice in all courts of the State of Florida. The City Attorney may also serve as City
Prosecutor, subject to the approval of the City Commission, and may appoint such Assistant City Attorneys as
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the City Attorney deems necessary. Upon recommendation of the City Attorney or the City Manager, the City
Commission may retain special legal counsel to represent the city. Upon request by any board, commission or
committee of the city, the City Commission or the City Manager shall appoint an attorney to assist such board,
commission or committee. Upon the request of the City Commission or the City Manager, the City Attorney
shall provide assistance to any board, commission or committee of the city.
~ C-27. Oath required; form.
Every official of the city, before entering commencing the duties of office, shall take and subscribe to an
oath or affirmation to be filed with the City Clerk, which shall be in a form prescribed for state officers under
the constitution and the laws of Florida.
~ C-28. City Clerk.
A. Appointment; powers and duties. There shall be a City Clerk who shall be appointed by the City
Manager. The City Clerk shall be under the direction and supervision of the City Manager. The
salary of the City Clerk shall be determined by the City Manager, subject to the approval of the
City Commission. The powers and duties of the City Clerk shall be in accordance with this
Charter, the laws of Florida and the ordinances of the city and shall include, but not be limited to,
the following:
(1) Giving notice of City Commission meetings.
(2) Attending all City Commission meetings and keeping minutes of such meetings to be
signed by the Mayor of the city and attested by the City Clerk.
(3) Acting as custodian of the City Seal, ordinances, resolutions and all papers and other
documentation pertaining to the affairs of the city.
(4) Preserving and filing all contracts and agreements to which the city is a party.
(5) Posting all ordinances when required to do so.
(6) Attesting to the Mayor's signature on all ordinances, resolutions, contracts, agreements
and other documents.
(7) Preserving and maintaining an Ordinance Book and a Resolution Book.
(8) Performing all other duties appropriate to the office of City Clerk as may be imposed by
law, required by city ordinance or directed by the City Manager.
B. Deputy Acting City Clerk.
(1) The City Clerk may designate a qualified individual as u Deputy an Acting City Clerk to
exercise the powers and perform the duties of City Clerk during the temporary absence of
the City Clerk, subject to the approval of the City Manager. In the event that the City
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l
Clerk is temporarily absent and fails to designate someone as Deputy Acting City Clerk,
the City Manager may then designate a qualified individual to serve as a Deputy Acting
City Clerk.
(2) The Deputy ActiQg City Clerk shall serve at the pleasure of the City Manager and may be
removed by the City Manager at any time, with or without cause. The removal of the
Deputy Acting City Clerk shall not affect, in any manner, any other positions such person
may hold with the city.
(3) The Deputy ActinQ City Clerk shall serve us ,^.cting City Clerk until such time as the City
Clerk resumes the position of City Clerk, a new City Clerk is appointed by the City
Manager or the Deputy ActinQ City Clerk is removed and a new Deputy Acting City
Clerk is appointed by the City Manager.
~ C-29. City Prosecutor.
The City Commission may appoint a City Prosecutor who may prosecute all offenses against the city's
ordinances and shall perform such other prosecutorial duties as may be directed by the City Commission. The
duties of the City Prosecutor shall include, but not be limited to, the following:
A. Preparing charges after examination into the facts and circumstances of each case.
B. Having all witnesses required on behalf of the city properly summoned.
C. When requested by the City Commission, preparing and submitting a complete report to the City
Commission on all cases in which the City Prosecutor has represented the city.
~ C-30. Personnel system Board.
A. Establishment of a Personnel Board. There shall be a Personnel Board consisting of five (5)
members appointed by the City Commission for terms of three (3) years. The members of the
Personnel Board shall be qualified electors of the city and shall serve at the pleasure of the City
Commission. The Personnel Board shall consist of at least one (1) city employee, one (1) City
Commissioner, one (1) person who holds a management position with the city and one (1) citizen
of Ocoee who is not employed by and does not hold office with the city. All members of the
Personnel Board must be qualified electors of the city during their entire term on the Personnel
Board in order to remain a member of such Board. Any city employee, City Commissioner or
person holding a management position with the city who is appointed to the Personnel Board
must hold his respective position with the city during his entire term on the Personnel Board in
order to remain a member of such Board.
B. Vacancies. Any vacancy occurring during the term of any member of the Personnel Board shall
be filled by the City Commission for the remainder of the term. Such vacancy shall be filled
within thirty (30) days after the vacancy occurs.
C. Powers and duties. The Personnel Board shall be responsible for reviewing personnel policies for
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the city which are submitted to them by the City Manager and recommending such policies to the
City Commission for adoption or amendment. The City Manager shall adhere to all personnel
policies. The Personnel Board shall also have such other powers and duties as may be established
by ordinance by the City Commission. [Amended 1-5-1999 by Ord. No. 99-076]
6 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-
1999. Said ordinance also provided for an effective date of 6-1-1999.
ARTICLE VI
Financial Procedures
~ C-31. Fiscal year.
The fiscal year of the city shall begin on the first day of October and end on the 30th day of September
of the following calendar year.
~ C-32. Submission of budget and budget message.
On or before the first day of August of each year, the City Manager shall submit to the City Commission
a budget for the ensuing fiscal year and an accompanying message.
~ C-33. Budget message.
The City Manager's message shall explain the budget both in fiscal terms and in terms of the work
programs. It shall outline the proposed financial policies of the city for the ensuing fiscal year, describe the
important features of the budget, indicate any major changes from the current year in financial policies,
expenditures and revenues, together with the reasons for such changes, summarize the city's debt position and
include such other material as the City Manager deems desirable.
~ C-34. Budget.
The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal
year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable
or the City Commission may require. In organizing the budget, the City Manager shall utilize the most feasible
combination of expenditure classification by fund, organization unit, program, purpose or activity and object. It
shall begin with a clear, general summary of its contents and shall show in detail all estimated income,
indicating the proposed millage rate for ad valorem taxes and all proposed expenditures, including debt service,
for the ensuing fiscal year. The budget shall be so arranged as to show comparative figures for the actual and
estimated income and expenditures of the current fiscal year and the actual income and expenditures of the
preceding fiscal year. It shall indicate in separate sections:
A. Proposed expenditures for current operations during the ensuing fiscal year, detailed by offices,
departments and agencies in terms of their respective work programs, and the method of
financing such expenditures.
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B. Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments
and agencies when practicable, and the proposed method of financing each such capital
expenditure.
C. Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by
the city and the proposed method of its disposition; subsidiary budgets for each such utility
giving detailed income and expenditure information shall be attached as appendixes to the
budget.
D. Proposed measures to be taken to reduce costs and conduct a more economical operation during
the fiscal year.
~ C-35. Balanced budget.
The City Commission shall adopt a budget in which the total expenditures for the fiscal year do not
exceed the total estimated revenues from all sources for such year, including, but not limited to, the issuance of
bonds and other indebtedness, cash reserves and any other funds as may be available to the city.
~ C-36. Capital program.
A. The City Manager shall prepare and submit to the City Commission a five-year capital program
at least three (3) months prior to the final date for submission of the budget. The capital program
shall include:
(1) A clear, general summary of its contents.
(2) A list of all capital improvements which are proposed to be undertaken during the five (5)
fiscal years next ensuing, with appropriate supporting information as to the necessity for
such improvements.
(3) Cost estimates, method of financing and recommended time schedules for each such
improvement.
(4) The estimated annual cost of operating and maintaining the facilities to be constructed or
acquired.
B. The above information may be revised and extended each year with regard to capital
improvements still pending or in the process of construction or acquisition.
~ C-37. Adoption of budget.
The public shall be given advance notice of all meetings of the City Commission at which the proposed
budget is to be considered. Such notice shall be published in a newspaper of general circulation in the City of
Ocoee at least seven (7) ) days but no more than thirty (30 days before any such meeting. The budget shall be
finally adopted at a public meeting of the City Commission in accordance with the laws of Florida.
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~ C-38. Amendments after adoption.
A. Supplemental appropriations. If during the fiscal year the City Manager certifies that there are
available for appropriation revenues in excess of those estimated in the budget, the City
Commission by ordinance may make supplemental appropriations for the year up to the amount
of such excess.
B. Reduction of appropriations. If at any time during the fiscal year it appears probable to the City
Manager or City Commission that the revenues available will be insufficient to meet the amount
appropriated, the City Manager shall report to the City Commission without delay the estimated
amount of the deficit, any remedial action taken by the City Manager and any recommendations
as to any other steps to be taken. The City Commission shall then take such further action as it
deems necessary to prevent or minimize any deficit, and for that purpose it may by ordinance
reduce one (1) or more appropriations.
C. Transfer of appropriations within departments. At any time during the fiscal year the City
Manager or City Commission may transfer part or all of any unencumbered appropriation
balance among programs within a department, office or agency.
D. Transfer of appropriations between departments. The City Commission may by ordinance
transfer part or all of any unencumbered appropriation balance from one (1) department, office
or agency to another.
E. Limitations. No appropriation for debt service may be reduced or transferred, and no
appropriation may be reduced below any amount required by law to be appropriated or by more
than the amount of the unencumbered balance thereof.
~ C-39. Lapse of appropriations.
Every appropriation, except an appropriation pursuant to a five-year capital program under S C-36, shall
lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation
pursuant to a five-year capital program shall continue in force until the purpose for which it was made has been
accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three (3) years
pass without any disbursement from or encumbrance of the appropriation.
~ C-40. Depositories of city fund.
The City Commission shall at its first regular meeting of each fiscal year designate depositories for city
funds. Any bank located in the City of Ocoee or Orange County, state or national, and authorized to do business
in the State of Florida which will deposit collateral authorized by the laws of Florida in such an amount as
required by the laws of Florida or in such higher amount as the City Commission may determine and require for
the protection of deposits may be designated by the City Commission as a city depository. Such depository shall
then be authorized and entitled to receive funds of the City of Ocoee. The accounts of the city in any bank
acting as a depository shall be subject at all times to inspection and audit by the City Auditor.
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~ C-41. Accurate accounts of money to be kept.
The City Commission shall cause to be kept accurate accounts and a complete set of books as may be
required under the laws of Florida.
~ C-42. Expend or contract to expend money.
Unless the City Commission otherwise provides by resolution, no office, depmiment or board shall,
during any budget year, expend or contract to expend any money, incur any liability or enter into any contract
which by its terms involves the expenditure of money for any purpose in excess of the amounts appropriated for
that general classification or expenditure pursuant to this Charter. Any contract, oral or written, made in
violation of this section or any section in this Charter shall be null and void. Any contract which by its terms
involves the expenditure of money for a period exceeding the budget year in which such contract is made, when
such contract is otherwise permitted by law, shall be valid only if approved or authorized by the City
Commission.
~ C-43. Investment of surplus funds.
The City Commission shall have authority to invest any surplus funds of the city in funds or investments
authorized for such purposes by the laws of Florida, but no such investments shall be purchased at a higher
price than their market price at the time of such purchase, and no bonds shall be purchased until the City
Attorney shall have approved the legality of the issue of such bonds.
ARTICLE VII
Nominations and Elections
~ C-44. Identification of City Commissioner. [Amended 9-20-1988 by Ord. No. 88-28]
Each City Commissioner shall be elected to a seat number as set forth hereinbelow and shall represent a
single-member district as set forth under ~ C 68 of established in accordance with Article XI of this Charter.
Seat numbers and their corresponding single-member districts shall be shown on qualification forms, ballots
and other election records.
~ C-45. Election dates and terms of office. [Amended 4-2-1996 by Ord. No. 96-05; 10-7-1997 by Ord. No.
97-20; 1-5-1999 by Ord. No. 99-077]
7 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-
1999. Said ordinance also provided for an effective date of 6-1-1999.
A. Beginning in March 2000, regular municipal elections shall be held annually on the second Tuesday in
March 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 year term at a regular municipal election to be held
in March 2001 and shall thereafter be elected for a three year term at a regular municipal
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election to be held e':ery three (3) years thereafter.
(2) Two (2) City Commissioners shall be elected for three year terms at a regular municipal
election to be held in March 2000 and shall thereafter be elected for three year terms at a
regular municipal election to be held every three (3) years thereafter. Such City
Commissioners shall be elected to Seat No.2 and Seat No. 11.
(3) Two (2) City Commissioners shall be elected for three year terms at a regular municipal
election to be held in March 2001 and shall thereafter be elected for three year terms at a
regular municipal election to be held every three (3) 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 s\\'om 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 of
the next regularly scheduled City Commission meeting held 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. 97 20 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 follo\ving the regular municipal election.
A. Rel!ular municioal elections shall be held in 2012 and 2013 on the second Tuesdav in March of
each such vear. Bel!inninl! in 2014. reQular municioal elections shall be held in even numbered
veal'S on the second Tuesdav in March of each such vear.
B. Each member of the Citv Commission elected after Januarv 1. 2012 shall be elected for a four (4)
veal' term unless otherwise orovided bv a transitioninl! ordinance adooted bv the City.
Commission as set forth in Section C-45.C below. Each member of the Citv Commission
elected orior to Januarv 1. 2012 shall serve in office for the term for which thev were elected.
C. Prior to December 1. 2011. the Citv Commission shall adoot an ordinance which orovides for
transitioninl! the terms of office of the members of the Citv Commission in order to imolement
anv chanl!es to this Charter which affect (i) the comoosition of the Citv Commission. (ii) the
number of members of the Citv Commission. and/or (iii) the terms of office of the members of
the City Commission. In order to efficientlv stal!l!er the terms of office between election veal's.
such transitioninl! ordinance shall (i) orovide for a term of office of less than four (4) veal'S for
one or more members of the Citv Commission to be elected after Januarv 1. 2012. and (ii)
establish the veal'S in which each commission seat will be uo for election.
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D. The term of office of any oerson elected as a member of the City Commission shall commence
uoon bein2: sworn into office and continue until such time as his or her resoectiye successor is
sworn into office. Any oerson elected as a member of City Commission shall be sworn into
office at 7:00 O.m. on the day of the next re2:ularly scheduled City Commission meetin2: held at
least two (2) weeks after the results of the election are declared by the Canyassing Board as set
forth in ~ C-50 of this article. or as otherwise required by law. Notwithstanding the fore2:oil1!2:. in
the eyent that no candidate qualifies for a soecific office or seat on the City Commission. then
such office or seat shall be declared yacant by the Canyassinl! Board at its meetin2: followin2: the
re2:ular municioal election.
E. Durin!:! the years of oresidential primary elections and at other times deemed aoorooriate by the
Oranl!e County Suoeryisor of Elections. the city may. by resolution. moye the date of the
municioal election to oi2:l!yback with the County elections in order to reduce staffing: leyels and
elections costs.
~ C-46. General election rules.
The following rules shall be applicable to elections for the office of Mayor and the office of City
Commissioner:
,^... ,\ny candidate for Mayor who receives a majority of the votes cast for such office shall be
elected.
B. Any candidate for each separate City Commission seat who receives a majority of the votes cast
for such office shall be elected.
C. In the event that no candidate for a city elective office receives a majority of the votes cast for
that office, then a runoff elcction bctween the two (2) candidates who received the most votes for
such office shall be held at least seven (7) days and no more than thirty (30) days follo'Ning the
regular municipal election for such office.
The candidate for a soecitic office or seat on the City Commission who receiyes the most yotes cast for
such office or seat shall be elected to such office or seat. No run-off elections shall be held for any office or
seat on the City Commission.
~ C-47. Qualifications of electors.
Any person who is a resident of the City of Ocoee, who has qualified as an elector of the State of Florida
and who registers in the manner prescribed by general law shall be an elector of the City of Ocoee.
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~ C-48. Registration of electors.
Electors of the City of Ocoee shall register with the appropriate officials of Orange County, Florida. The
City Commission shall haye authority to make such arrangements as may be necessary for the attainment and/or
certification of the list of eligible electors qualified to vote in a city election.
~ C-49. Conduct of elections.
The City Commission shall designate the places of polling for all city elections and shall giye notice of
all city elections in accordance with the laws of Florida. +he Exceot as otherwise set forth herein. the City
Commission shall by ordinance proyide for the printing of ballots, the conduct of elections, including absentee
procedures,---aHd the canyass of returns-;-. and all similar election details. Such ordinance shall, to the extent
possible, ensure the secrecy of the ballot and the integrity of the poll.
~ C-50. Certification of results; canvass of returns; notification of successful candidates.
The results of the yoting at each polling place when ascertained shall be certified by return in duplicate
signed by the Clerk and a majority of the inspectors of the election, one (1) copy being delivered by the Clerk
and inspectors to the Mayor and the other to the City Clerk, both of whom shall transmit such return to a public
meeting of the Canvassing Board, which will consist of the Mayor and the t\yO (2) City Commissioners who
'Nere not up for election, such mceting to be held at 12:00 noon follov,'ing the day of the election or as soon
thereafter as is practicable. At such time, the three (3) citizens aooointed by the City Commission. The
Canyassing Board shall canyass the returns and shall declare the results of the canyass as the results of the
election-;- in a manner oroyided by city ordinance or as otherwise reauired by law. A majority of the Canyassing
Board shall constitute a quorum thereof. Notwithstandinl.! the forel.!oinl.!. with the al.!reement of the OranQe
County Canvassinl.! Board and Oran!!e County Suoervisor of Elections. the City Commission may. by
ordinance. assil.!n and abdicate the canyassinl.! resoonsibilities of the City Canyassinl.! Board to the Oranl.!e
CountyCanyassinl.! Board. In such eyent. the Oran!!e County CanyassinQ Board shall canyass the returns and
shall declare the results of the canyass as the results of the election in a manner oroyided by city ordinance or as
otherwise reauired by law.
~ C-51. Names on ballots.
The full names of all candidates for election to the City Commission, except those who haye withdrawn,
died or become ineligible, shall be printed on the official ballots without party designation or symbol. The
names of the candidates shall be arranged in the alphabetical order of their surnames.
~ C-52. Ballots for ordinances and Charter amendments.
An ordinance, a charter amendment or any other matter to be yoted on by the electors of the city shall be
presented for yoting by ballot title. The ballot title of a measure may differ from its legal title and shall be a
clear, concise statement describing the substance of the measure without argument or prejudice. Below the
ballot title shall appear the following question: "Shall the aboye-described (ordinance) ( amendment) be
adopted?" Immediately below such question shall appear the words "yes" and "no." The elector shall cast a yote
by choosing either "yes" or "no" in the manner required by the Supervisor of Elections.
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ARTICLE VIII
Levy of Taxes and Issuance of Bonds
~ C-53. Power of city to levy taxes; maximum levy.
The City of Ocoee shall haye the power to levy taxes each year for the ordinary purposes of the
municipality, proyided that such leyy shall not exceed ten (10) mills on the assessed yaluation of taxable
property within its limits or such limitations as established by the laws of Florida.
~ C-54. General obligation bonds.
A. The city shall haye the power to issue general obligation bonds in an aggregate principal amount
of bonds outstanding at anyone (1) time not in excess of twenty-fiye percent (25%) of the
assessed yalue of the taxable property within the city as shown on the pertinent tax records at the
time of the authorization of the general obligation bonds for which the full faith and credit of the
city is pledged. Except for refunding bonds, no general obligation bonds shall be issued unless
the issuance thereof shall haye been approyed by the electors of the city at an election held in
accordance with the requirements for such election as prescribed by the Constitution and the
laws of Florida.
B. The city may pledge its full faith and credit for the payment of the principal and interest on such
general obligation bonds and for any reserve or other funds proyided therefor, and the city may
unconditionally and irreyocably pledge itself to levy ad yalorem taxes on all taxable property in
the city to the extent necessary for the payment thereof.
C. If the city shall determine to issue general obligation bonds for more than one (1) different
purpose, the approyal of the issuance of the bond for each and all such purposes may be
submitted to the electors separately on one and the same ballot. The failure of the electors to
approve the issuance of bonds for anyone (1) or more purposes shall not defeat the approyal of
bonds for any purpose which shall be approyed by the electors.
~ C-55. Powers declared additional to state law.
Except as set forth in S C-54 of this Article, this Article shall not be construed as in any way restricting
or superseding any of the proyisions of any general law of Florida relating to the taxing and bond issuance
powers of municipalities but shall proyide an alternatiye and supplementary method for the exercise of the
powers granted in this charter; and the city shall be fully authorized to exercise any powers proyided in such
general laws upon compliance only with the proyisions of such general laws.
ARTICLE IX
General Provisions
~ C-56. Personal financial interest.
All city officers and employees shall comply with the Code of Ethics for Public Officers and
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Employees2 or such other laws as may be enacted by the Florida Legislature goyerning the conduct and ethics
of public officers and employees, as set forth under the laws of Florida. Any yiolation of this section by a city
officer or employee shall constitute grounds for forfeiture of the office or position held by such officer or
employee. Any yiolation of this section shall render any contracts with the city yoidable by the City Manager or
the City Commission if the person or entity contracting with the city had express or implied knowledge of such
yiolation. Nothing contained herein shall be construed to depriye any city officer or employee of such officer's
or employee's right to due process under the Constitution and the laws of the United States and the State of
Florida.
2 Editor's Note: See F.S. ~ 112.311 et seq.
~ C-57. Construction of Charter.
Except as otherwise proyided herein, the proyisions of this Charter shall be liberally construed to effect
its purpose and shall be deemed cumulatiye, supplemental and alternatiye authority for the exercise of the
powers proyided herein.
~ C-58. Severability of provisions.
If any sentence, phrase, paragraph, provision or portion of this Charter is for any reason held inyalid,
unenforceable or unconstitutional by any court of competent jurisdiction, such portion shall be deemed to be a
separate, distinct and independent proyision and such holding shall not in any way affect the validity of the
remaining portion thereof. If any sentence, phrase, paragraph, proyision or portion of the Charter is held inyalid,
unenforceable or unconstitutional in its application to any person or circumstance, the application of the Charter
and its proyisions to other persons or circumstances shall not be affected thereby.
ARTICLE X
Charter Review Commission
~ C-59. Appointment of members.
A Charter Review Commission shall be appointed by the City Commission no later than December 15 in
the year 1999 and no later than December 15 eyery ten (10) years thereafter. A Charter Reyiew Commission
may also be appointed by the City Commission at such times as deemed necessary by the City Commission.
The Charter Reyiew Commission shall consist offiye (5) members who shall be appointed by a majority yote of
the City Commission and who shall serve on such Commission for terms of one (I) year unless such terms are
extended by the City Commission. The Mayor shall also aoooint two (2) alternate members. subiect to the
aooroyal of the City Commission. who may fill in for any member absent from a Charter Reyiew Commission
meetinl.!.
~ C-60. Removal; vacancies.
A. Removal. Any member of the Charter Reyiew Commission may be remoyed by the City
Commission in accordance with the following procedures:
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(1) The City Commission shall adopt by affirmatiye yote of a majority of all its members a
preliminary resolution which must state the reasons for remoyal. A copy of the resolution
shall be promptly deliyered to the member of the Charter Reyiew Commission sought to
be remoyed.
(2) Within fiye (5) days after a copy of the resolution is deliyered to the member sought to be
remoyed, such member may file with the City Commission a written reply and/or a
written request for a public hearing. This hearing shall be held at a City Commission
meeting no earlier than fifteen (15) days and no later than thirty (30) days after the
request is filed.
(3) The City Commission may adopt by affirmatiye yote of a majority of all its members a
final resolution of remoyal, which may be made effectiye immediately. Such resolution,
if adopted, must be adopted no earlier than six (6) days and no later than thirty (30) days
from the date a copy of the preliminary resolution was deliyered to the member sought to
be remoyed, if such member has not requested a public hearing. If such member has
requested a hearing, such resolution, if adopted, must be adopted within forty-five (45)
days from the date of the hearing.
B. Vacancies. If any yacancy occurs in the Charter Reyiew Commission, a qualified indiyidual shall
be appointed by the City Commission to serve in place of the member who created the yacancy.
Such vacancy shall be filled within thirty (30) days after the yacancy occurs.
~ C-61. Powers and duties.
The Charter Reyiew Commission shall serve as an advisory body to the City Commission '.'lith respect
to the Charter. The be emoowered to conduct a comorehensiye study of any or all ohases of city Qoyernment. A
Charter Review Commission shall revie'.v the Charter of the City of Ocoee as to legality, form and content and
shall prepare a report to the City Commission of any recommended may. durin!:! its term. olace orooosed
amendments and reyisions to thc Charter. of the Charter on the ballot at 2:eneral municioal elections only.
oroyided a reoort of the orooosed chan!:!es has been deliyered to the City Clerk at least ninety (90) days orior to
the election. or as otherwise may be reauired by law. Such amendments or reyisions do not reauire the aooroyal
of the City Commission.
~ C 62. Reeemmendations to the City Commission.
The above mentioned report shall be submitted to the City Commission in accordance with such
dcadlines us may be established by the City Commission or as may otherwise be required by lmv. Within two
(2) months of the receipt of any such report, the City Commission shall accept or reject the recommendations
contained therein, or the City Commission may send such report back to the Charter Revie'N Commis3ion for
further study and consideration. .^.ny proposed Charter amendments accepted by the City Commission shall be
adopted by ordinance and submitted to the electors of the city for consideration no later than the ncxt general
municipal election or at a special election culled by the City Commission for such purposes.
S C-62. rReoealed 1
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~ C-63. Officers.
The Charter Review Commission shall create and elect appropriate officers as it deems necessary for the
orderly conduct of its specific duties.
~ C-64. Expenses.
The City Commission shall appropriate funds to defray reasonable expenses of the Charter Reyiew
Commission.
ARTICLE XI
Single-Member Districts
[Added 9-20-1988 by Ord. No. 88-28]
~ C-65. Number of districts.
The City of Ocoee shall be diyided into four (4) single-member districts effectiye upon the adoption of
the initial geographic boundaries of such districts by the City Commission of the City of Ocoee.
~ C-66. Establishment of Districting Commission.
A. Appointment of members. The City Commission shall establish a Districting Commission after
Noyember 15, 1991, but no later than December 15, 1991, and eyery fiye (5) years thereafter
(i.e., 1996, 2001, etc.) new Districting Commission shall be appointed by the City Commission
after N oyember 15 but no later than December 15 of that year. A Districting Commission may
also be appointed by the City Commission at such other times as deemed necessary by the City
Commission. The Districting Commission shall consist of fiye (5) members who shall be
appointed by majority yote of the City Commission and who shall serve on such commission for
terms of one (1) year, unless such terms are extended by the City Commission.
B. Removal; vacancies.
(1) Remoyal. Any member of the Districting Commission may be remoyed by the City
Commission in accordance with the following procedures:
(a) The City Commission shall adopt by affirmatiye yote of a majority of all its
members a preliminary resolution which must state the reasons for remoyal. A
copy of the resolution shall be promptly deliyered to the member of the
Districting Commission sought to be remoyed.
(b) Within fiye (5) days after a copy of the resolution is delivered to the member
sought to be remoyed, such member may file with the City Commission a written
reply and/or a written request for a public hearing. This hearing shall be held at a
City Commission meeting no earlier than fifteen (15) days and no later than thirty
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(30) days after the request is filed.
(c) The City Commission may adopt by affirmatiye yote of a majority of all its
members a final resolution of remoyal, which may be made effectiye
immediately. Such resolution, if adopted, must be adopted no earlier than six (6)
days and no later than thirty (30) days from the date a copy of the preliminary
resolution was deliyered to the member sought to be remoyed, if such member has
not requested a public hearing. If such member has requested a hearing, such
resolution, if adopted, must be adopted within forty-fiye (45) days from the date
of the hearing.
(2) Vacancies. If any yacancy occurs in the Districting Commission, a qualified indiyidual
shall be appointed by the City Commission to serye in place of the member who created
the yacancy. Such yacancy shall be filled within thirty (30) days after the yacancy occurs.
C. Powers and duties.
(1) The Districting Commission shall serve as an adyisory body to the City Commission with
respect to the establishment of initial the geographic boundaries of the four ('1) aoolicable
number of single-member districts of the City of Ocoee. Each ne'N The Districting
Commission shall serve as an advisory body to the City Commission 'Nith respect to the
redistricting of such boundaries. reyiew the 2:eo2:raohic boundaries of the sin2:le-member
districts in liQht of the most current. official census data. tOQether with all other data
releyant to the redistrictin2: of 2:eoQraohic boundaries. The Districtin2: Commission shall
oreoare a reoort to the City Commission containinQ recommendations. if any. for the
adiustment of district boundaries.
(2) Upon its initial appointment in 1991, the Districting Commission shall revievl the most
current, official census duta, together with all other data relevant to the establishment of
initial geographic boundaries of the four (1) single member districts, and shall prepare a
report to the City Commission that contains recommendations concerning such
boundaries. (3) Upon appointment of a new Districting Commission in 1996, and
every five (5) yeurs thereafter, the Districting Commission shall reviev~' the geographic
boundaries of the four (1) single member districts in light of the most current, official
census data, together with all other data relevant to the redistricting of geographic
boundaries. The Districting Commission shall prepare a report to the City Commission
containing recommendations, if uny, for the adjustment of district boundaries.
(4~ All recommendations conceming the geographic boundaries of single-member districts
shall be prepared in compliance with the following criteria:
(a) Each district shall be formed of compact, contiguous territory and shall be as
rectangular as possible. To the extent possible, the boundary lines of each district
shall follow the center lines of streets.
(b) The districts shall be based upon the principle of equal and effectiye
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representation as required by the United States Constitution.
(c) The boundaries of each district shall, to the extent possible, be aligned with the
boundaries of the county precincts within the city and with the boundaries of the
city.
(d) All reports containing recommendations shall include a map that sets forth the
proposed boundaries of each district.
D. Recommendations to the City Commission. All reports of the Districting Commission shall be
ayailable to the public and submitted to the City Commission in accordance with such reasonable
deadlines as may be established by the City Commission or as may otherwise be required by law.
Within two (2) months of the receipt of any such reports, the City Commission shall accept or
reject the recommendations contained therein, or the City Commission may send such reports
back to the Districting Commission for further study and consideration. The establishment of the
ffiiti.a.l. geographic boundaries of the four (1) single-member districts and any subsequent
redistricting of such boundaries shall be done by ordinance by the City Commission; proyided,
however, that the City Commission shall not establish or redistrict such boundaries until after
receipt of a report from the Districting Commission containing recommendations relating
thereto, unless the Districting Commission fails to deliyer its report by the deadline established
by the City Commission.
E. Officers. The Districting Commission shall create and elect appropriate officers as it deems
necessary for the orderly conduct of its specific duties.
F. Support. It shall be the responsibility of the Planning Department, or such other department as
may be designated by the City Manager, to proyide technical data and assistance to the
Districting Commission. City staff shall also be ayailable to assist the Districting Commission as
needed.
G. Expenses. The City Commission shall appropriate funds to defray reasonable expenses of the
Districting Commission.
~ C fJ7. Date af adaption af initial distriets.
The City Commission shull adopt by ordinance the initial geographic boundaries of the four ('1) single
member districts after receipt of a report by the Districting Commission containing recommendations
concerning such boundaries, but in no event shall such initial boundaries be adopted later than June I, 1992.
Such ordinance shull designate four (1) single member districts which will bc identified in such ordinunce as
District Nos. 1, 2, 3 und 1.
S C-67. rRenealedl
~ C fJ8. Representation af distriets.
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In order to harmonize the terms of the present members of the City Commission \'1'ith the forn1 of
government establishment by this ,^~rticle, it is hereby provided that effective upon the udoption of thc initial
geographic boundaries of the single member districts by the City Commission, each single member district
shall be represented by an incumbent City Commissioner as set forth below:
,'\. District No.1 shull be represented by the City Commissioner previously elected to Seat No. I for
the duration of such Commissioner's current elected term of office.
B. District No.2 shall be represented by the City Commissioner previously elected to Seat No.2 for
the duration of such Commissioner's current elected term of officc.
C. District No.3 shall be represented by the City Commissioner prc'/iously elected to Seat No.3 for
the durution of such Commissioner's current elected term of office.
D. District No.1 shull be represented by the City Commissioner previously elected to Seat No. 'I for
the durution of such Commissioner's current elected term of office.
S C-68 rRenealedl
~ C-69. District residency requirements.
Effectiye upon the adoption of the initial geographic boundaries of the single-member districts by the
City Commission, the City Commissioners shall be required to comply with the following residency
requirements:
A. The Commissioners to be elected in Noyember 1992 must be bona fide residents of their
respectiye districts as of the date of qualifying to run for office in order to qualify for and hold
office as a Commissioner for their respective districts. Thereafter the City Commissioners
representing said districts and elected to said seats must be bona fide residents of their respectiye
districts in order to qualify for and to hold the office of Commissioner as required under S C-l1
of Article III of this Charter.
B. The Commissioners to be elected at the next general municipal election following the Noyember
1992 election must be bona fide residents of their respectiye districts as of the date of qualifying
to run for office in order to qualify for and hold office as a Commissioner for theirrespectiye
districts. Thereafter the City Commissioners representing said districts and elected to said seats
must be bona fide residents of their respectiye districts in order to qualify for and to hold the
office of Commissioner as required under S C-ll of Article III of this Charter.
C. Notwithstandinl.! any oroyision contained herein to the contrary. any member of the City
Commission who ceases to be a bona fide resident of the district which such member reoresents
as a result of redistrictinf! or a chanf!e in district boundaries bv the City Commission shall
continue to hold office for the duration of such members' term and shall continue to reoresent
such district.
~ C-70. Annexed territory.
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After the establishment of the initial geographic boundaries of the districts, any territory annexed to or
consolidated with the City of Ocoee shall, at the time of such annexation or consolidation, be added to an
adjacent district or districts by an ordinance of the City Commission which may be a part of the annexation or
consolidation ordinance. .
~ C-71. Redistricting.
The City Commission shall, by ordinance adopted by a majority yote of all the members of the City
Commission, redistrict the geographic boundaries of each single-member district after each official decennial
census conducted by the United States Goyernment and, to the extent permitted by law, after receipt of a report
by the Districting Commission containing recommendations, if any, for the adjustment of district boundaries as
required under S C-66 of this Article. District boundaries shall not be changed less than four (4) months prior to
a regular municipal election, except to include territory annexed to or consolidated with the city. All
redistricting of district boundaries shall be in accordance with the Constitutions and the laws of the United
States and of Florida and the provisions of S C-66C(4)(a) through (d) of this Article.
ARTICLE XII
Chan!!es to Structure of City Commission
S C-72. Election of Mavor bv City Commission.
The term of office of the oerson elected Mayor in the March 2010 election shall run until the swearin2: in
of those members of the City Commission elected in the March 2013 2:eneral municioal election. Followin2: the
exoiration of the term of such Mayor. the office of Mayor shall be elected from among the Commissioners by
the City Commission at the first City Commission meetinl! followin2: the swearin2: in of the candidates elected
at the 2013 l!eneral municioal election. The oerson holdin2: the office of Mayor shall thereafter be annually
elected from amon!:! the Commissioners by the City Commission. The oerson elected Mayor by the
Commission shall be elected for a one (1 ) year term. oroyided that such oerson shall continue to hold the office
of Mayor until his successor is elected by the City Commission and sworn into office. The Mayor shall
continue to reoresent the sinl!le-member district from which such oerson was elected. At the 2013 2:eneral
municioal election. the at-Iar2:e City Commission seat currently desi2:nated for the Mayor shall be chanQed to a
sin2:le-member District City Commission seat and an election shall be held to fill such seat on the City
Commission. Recol!nizinl! that yarious oroyisions of this Charter conflict with the foreQoin2: chan2:e. the City
Commission may. bv ordinance and without referendum. adoot an amendment to this Cha11er which makes such
reyisions to the Charter as the City Commission deems necessary to conform the Charter to the chanQes set
forth in this section and to eliminate any conflict with the oroyisions of this section.
~ C-73. Increase in size of the City Commission.
The size of the City Commission is hereby increased from fiye (5) to seyen (7) members and the City
Commission shall consist of seyen (7) members. one (1 ) of whom shall be known and desi Qnated as the
"Mayor" and the other six (6) of whom shall be known and desi2:nated as "Commissioners." All references in
the Charter to the members of the City Commission shall include the Mayor without reQard to the manner in
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U1
I
which the oerson holdinl.! the office of Mayor is elected. If the Mayor ceases to be elected at-Iarl.!e and is
instead elected from amonl.! the Commissioners by the City Commission. then the City of Ocoee shall be
diyided into seyen (7) sin!!le-member districts and a City Commissioner shall be elected from each such district:
otherwise the City of Ocoee shall be diyided into six (6) sinl.!le-member districts and a City Commissioner shall
be elected from each such district and the Mayor of the City shall continue to elected at-lame and serye as a
member of the City Commission. Recol.!nizinl.! that yarious oroyisions of this Charter conflict with the
fore!!oinl.! chaIH!e. the City Commission may. by ordinance and without referendum. adoot an amendment to
this Charter which makes such reyisions to the Charter as the City Commission deems necessary to conform the
Charter to the chanQes set forth in this section and to eliminate any conflict with the oroyisions of this section.
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Attachment 2
Charter Amendment Recommended by Staff
In order to match current practice with regard to when and how the Capital Improyement Program budget is
presented and adopted, staff recommends that Section C-36 be modified:
~C-36. Capital Improvement Program.
A. The City Manager shall prepare and submit to the City Commission a fiye-year capital improyement
program at least three (3) months prior to the final date for submission of the budget as part of the
annual budget. The capital improyement program shall include:
(1) A clear, general summary of its contents.
(2) A list of all capital improyements which are proposed to be undertaken during the fiye (5) fiscal
years next ensuing, with appropriate supporting information as to the necessity for such
improyements.
(3) Cost estimates, method of financing and recommended time schedules for each such
improyement.
(4) The estimated annual cost of operating and maintaining the facilities to be constructed or
acquired.
B. The aboye information may be reyised and extended each year with regard to capital improyements
still pending or in the process of construction or acquisition.
1