City Charter 1999-07 Rev.THE CHARTER
CHARTER
CHARTER
ARTICLE I
Creation and Existence of Municipality
§ C-1.
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.
§ C-8. Powers of the city.
ARTICLE II
Powers of the City
ARTICLE III
City Commission
§ C-9. Created; composition, designation, election generally.
§ C-10. Judge of qualifications.
§ C-11. 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; expenses.
§ C-17. Vacancies; forfeiture of office; filling of vacancies.
C1 7-10-99
OCOEE CODE
§ C-18. Independent audit.
§ C-19. Initiative and referendum.
§ C-20. Duties and emergency 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.
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.
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.
C2 7-10-99
CHARTER
§ 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.
ARTICLE IX
General Provisions
§ C-56. Personal financial interest.
C3
OCOEE CODE
§ 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.
Recommendations to the City Commission.
§ 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 of adoption of initial districts.
§ C-68.
Representation of districts.
§ C-69.
District residency requirements.
§ C-70.
Annexed territory.
§ C-71.
Redistricting.
[HISTORY: Printed as amended in its entirety by the City Commission of the City
of Ocoee 9-20-1988 by Ord. No. 88-27. Subsequent amendments noted where
applicable.]
Elections — See Ch. 5.
City Commission meetings — See Ch. 11.
GENERAL REFERENCES
C4
§ C-1 CHARTER § C-5
ARTICLE I
Creation and Existence of Municipality
§ C-1. 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 "the 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.
C5
§ C-6 OCOEE CODE § C-8
§ C-6. Corporate boundaries.
The boundaries which shall be included in the territory of the City of Ocoee
shall be as follows: See Addendum A attached hereto' and by this reference
made a part hereof.
§ 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 governmental, 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.
Editor's Note: Addendum A is on file in the city offices, where it may be inspected during regular office hours.
CHARTER § C-8
(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.),
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 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 of real property shall be divided for the purpose of
evading this subsection.
(5) All leases, sales, purchases and contracts for leases, sales and
purchases of real 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.
C7
§ C-8 OCOEE CODE § C-8
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.), 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.
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.
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, mainte-
nance 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
-
CHARTER § C-8
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.
0. 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;
f C9 7-10-99
§ C-8 OCOEE CODE § C-8
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. 99-0711
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 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
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.
C10 7-10-9#'
§ C-8 CHARTER § C-8
public services and utilities and levy charges for the use of such
services and utilities.
C10.1
(Cont'd on page C11)
7-10-99
§ C-8 CHARTER § C-8
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.
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, 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 citys 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.
C11
§ C-8 OCOEE CODE § C-9
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, intergovernmental
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
government 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.
GG. 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.
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 Ord. No. 88-281
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
C12
§ C-g CHARTER § C-10
Commissioners shall also be known and designated as "Mayor Pro Tem." 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. 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 Tem 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 Pro Tem 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 which case the Mayor Pro Tem 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 Tem 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-10. 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 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 members right to due
process under the Constitution and the laws of the United States and the State
of Florida.
C13
§ C-11 OCOEE CODE § C-12
§ C-11. Eligibility. [Amended 9-20-1988 by Ord. No. 88-281
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 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
members 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.
C14
§ C-13 CHARTER § C-14
§ 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" written notice to each member of the City Commission, served 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 City Commission or if all members are present at roll call.
The Mayor or Mayor Pro 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 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
C15
§ C-14 OCOEE CODE § C-17
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 reetings 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; expenses.
The City Commission may determine the annual salary of the Mayor, the
Mayor Pro Tern 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 members 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 this 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 § C-
10.
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
C16
§ C-17 CHARTER § C-19
until the successor is elected, unless a special election is called by the
City Commission hereunder. If a vacancy occurs in the office of Mayor,
the Mayor Pro Tem 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 Tem 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 thirty (30) 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 thirty (30) 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.
(1) Initiative. The qualified electors of the city shall have the power 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
C17
§ C-19 OCOEE CODE § C-19
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 have the power to approve or
reject it at a city election, provided that such power shall not
extend to the budget, capital program, any emergency ordinance
or any ordinance relating to appropriation of money, levy of taxes
or salaries of city officers or employees.
B. Commencement of proceedings. Any five (5) qualified electors may
commence initiative or referendum proceedings by filing with 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 form, 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.
C. Petitions. Each initiative or referendum petition filed with the City Clerk
shall comply with the following requirements, and any failure to comply
with any one (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) Form and content. All 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
C18
§ C-19
CHARTER § C-19
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 were 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. [Amended 1-5-1999 by Ord. No. 99-0721
(1) Certificate of City Clerk; amendment. Within thirty (30) days after
an initiative petition or referendum petition is filed, the City Clerk
shall complete a certificate as to its sufficiency, specifying if it is
insufficient the particulars wherein 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 certified 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 within ten (10)
days after receiving the copy of such certificate. Such
supplementary petition shall comply with the requirements of
Subsection C hereinabove. Within seven (7) days after it is filed,
the City Clerk shall complete a certificate as to the sufficiency of
the petition, as amended, and shall promptly send a copy of such
certificate to the petitioners' committee by certified mail as in the
case of an original petition. If a petition or amended petition is
certified insufficient and the Petitioners' Committee does not
elect to amend or request City Commission review under
Subsection D(3) of this section within the time required, the City
2 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.
C19 7-10-99
§ C-19 OCOEE CODE § C-19
Clerk shall promptly present its certificate to the City
Commission, and the certificate shall then be a final
determination as to the sufficiency of the petition.
(2) Assistance to the City Clerk. The City Clerk may, within his sole
discretion, seek the assistance of the Supervisor of Elections for
Orange County, Florida, in performing the City Clerk's duties
hereunder. In such event, the City Clerk shall remain responsible
for certifying the sufficiency of all petitions, including amended
petitions.
(3) City Commission review. If a petition has been certified
insufficient and the petitioners' committee does not file notice of
intention to amend it or if an amended petition has been certified
insufficient, the committee may, within seven (7) days after
receiving the copy of such certificate, file a request that it be
reviewed by the City Commission. The City Commission shall
review the certificate at its next meeting following the filing of
such request and approve or disapprove it. The City
Commission's determination shall be a final determination as to
the sufficiency of the petition.
E. Referendum petitions; suspension of effects of ordinance.
(1) When a referendum petition is filed with the City Clerk, the
ordinance sought to be reconsidered shall be suspended from
taking effect if it has not already become effective as of the date
of filing the referendum petition. Such suspension shall terminate
when:
(a) There is a final determination of insufficiency of the petition;
(b) The petitioners' committee withdraws 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.
(2) The filing of a referendum petition shall not affect the validity of
or enforcement of the ordinance sought to be reconsidered if
such ordinance is effective on the date of filing such referendum
petition.
F. Action on petitions.
C20 7-10-99
§ C-19
CHARTER § C-19
(1) Action by City Commission. When an initiative or referendum
petition has been finally determined sufficient, the City
Commission shall promptly consider the proposed initiative
ordinance in the manner provided in Article III or reconsider the
referred ordinance by voting on its repeal. If the City Commission
fails to adopt a proposed initiative ordinance without any change
in substance within forty-five (45) days or fails to repeal the
referred ordinance within forty-five (45) days, it shall submit the
proposed or referred ordinance to the electors of the city.
(2) Submission to electors. The proposed or referred ordinance shall
be submitted to the electors of the city not less than ninety (90)
days and not later than one hundred fifty (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 within the above -described period. Copies of
the proposed or referred ordinance shall be made available at the
polls and at City Hall.
(3) Withdrawal of petitions. An initiative or referendum petition may
be withdrawn 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 with the City Clerk a properly
notarized request for withdrawal signed by at least four 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 affirmative votes shall prevail to the
extent of such conflict.
C21 7-10-99
§ C-19 OCOEE CODE § C-21
(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,
provided 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.
§ C-20. Duties and emergency powers 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 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 of the Mayor shall be discharged by the
Mayor Pro Tem.
ARTICLE IV
City Manager
§ C-21. Appointment; qualifications; compensation. [Amended 1-5-1999
by Ord. No. 99-073]
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
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.
C22 7-10-99
§ C-21 CHARTER § C-22
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. 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 § 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]
The City Commission may terminate the employment of the City Manager in
accordance with the following procedures:
A. The City Commission shall adopt by affirmative vote of a majority 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-five (45) days. A copy of the resolution shall be delivered
promptly to the City Manager.
B. 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
written 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 (15) 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 a final resolution terminating the employment of the City
Manager, which may be made effective immediately upon adoption.
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.
C23 7-10-99
§ C-22 OCOEE CODE § C-23
Such resolution may be adopted at any time after five (5) days from
the date a copy of the preliminary resolution was delivered to the City
Manager, if the City Manager 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 fails to terminate the City Manager in the manner
provided hereunder within forty-five (45) days from 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 terminated, shall receive a salary until the
effective date of a final resolution of termination. The action of the City
Commission in suspending or terminating the City Manager shall not
be subject to review by any court or agency. A nonrenewal of the City
Manager's employment agreement with the city shall not constitute a
termination 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 with the City Manager;
provided, however, that if such employment agreement requires that a
termination be for cause, then the preliminary and final resolutions
shall set forth the cause for termination.
§ C-23. Acting City Manager. [Amended 1-5-1999 by Ord. No. 99-0711
A. There shall be an Acting City Manager who shall exercise the powers
and perform 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
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.
C24 7-10-99
§ C-23 CHARTER § C-24
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 § 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 pursuant to § 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:
(Cont'd on page C25)
C24.1 7 - 10 - ss
§ C-24 CHARTER § C-24
A. To appoint and, when deemed necessary for the good of the city, to
suspend or remove any city employees or appointive administrative
officers 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 Commission 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 Commission on a quarterly basis a
complete report on the financial conditions and future needs of the city
and to make recommendations relating thereto.
I. To perform such other duties as may be required under this Charter or
as may be required by the City Commission.
J. To recommend to the City Commission the salary and wage scale of
officers and employees of the city.
C25
§ C-25 OCOEE CODE § C-26
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-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
C26
§ C-26 CHARTER § C-28
such Assistant City Attorneys as 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 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.
C27
§ C-28 OCOEE CODE § C-29
(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 City Clerk.
(1) The City Clerk may designate a qualified individual as a Deputy
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 Clerk
is temporarily absent and fails to designate someone as Deputy
City Clerk, the City Manager may then designate a qualified
individual to serve as a Deputy City Clerk.
(2) The Deputy 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 City Clerk shall
not affect, in any manner, any other positions such person may
hold with the city.
(3) The Deputy City Clerk shall serve as Acting 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 City
Clerk is removed and a new Deputy 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.
C28
§ C-29 CHARTER § C-30
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.
A. Establishment of a Personnel Board. There shall be a Personnel Board
consisting of five members appointed by the City Commission for
terms of three 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 30 days
after the vacancy occurs.
C. Powers and duties. The Personnel Board shall be responsible for
reviewing personnel policies for 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.
C29 7-10-99
§ C-31 OCOEE CODE § C-34
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:
C30 7-10-99
§ C-34 CHARTER § C-36
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.
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.
C31
§ C-36 OCOEE CODE § C-38
(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.
§ 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.
C32
§ C-38 CHARTER § C-40
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 § 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.
C33
§ C-41 OCOEE CODE § C-44
§ 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,
department 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.
88-281
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 Article XI of this Charter. Seat numbers and their corresponding single -
member districts shall be shown on qualification forms, ballots and other
election records.
C34
§ C-45 CHARTER § C-45
§ 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. 99-0711
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 election to
be held every 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. 4.
(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 sworn into office and continue until such time
as his or her respective successor is sworn into office. Any person
elected to the office of Mayor or the office of City Commissioner shall
be sworn into office at 7:00 p.m. on the day 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 following the regular municipal election.
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.
C35 7-10-99
§ C-46 OCOEE CODE § C-48
§ C-46. General election rules.
The following rules shall be applicable to elections for the office of Mayor
and the office of City Commissioner:
A. Any 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 election
between the two candidates who received the most votes for such
office shall be held at least seven days and no more than 30 days
following the regular municipal election for such office.
§ 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.
§ 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 have 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.
(Cont'd on page C37)
C36 7-10-99
§ C-49 CHARTER § C-52
§ C-49. Conduct of elections.
The City Commission shall designate the places of polling for all city elections
and shall give notice of all city elections in accordance with the laws of Florida.
The City Commission shall by ordinance provide for the printing of ballots, the
conduct of electrons, including absentee procedures, and the canvass of returns.
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 voting 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 two (2) City Commissioners who were not up for
election, such meeting to be held at 12:00 noon following the day of the
election or as soon thereafter as is practicable. At such time, the Canvassing
Board shall canvass the returns and shall declare the results of the canvass as
the results of the election. A majority of the Canvassing Board shall constitute a
quorum thereof.
§ C-51. Names on ballots.
The full names of all candidates for election to the City Commission, except
those who have 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 voted on by the
electors of the city shall be presented for voting 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 above -described
C37
§ C-52 OCOEE CODE § C-54
(ordinance) (amendment) be adopted?" Immediately below such question shall
appear the words "yes" and "no." The elector shall cast a vote by choosing either
"yes" or "no" in the manner required by the Supervisor of Elections.
ARTICLE VIII
Levy of Taxes and Issuance of Bonds
§ C-53. Power of city to levy taxes; maximum levy.
The City of Ocoee shall have the power to levy taxes each year for the ordinary
purposes of the municipality, provided that such levy shall not exceed ten (10)
mills on the assessed valuation 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 have the power to issue general obligation bonds in an
aggregate principal amount of bonds outstanding at any one (1) time
not in excess of twenty-five percent (25%) of the assessed value 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 have been approved 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 provided therefor, and the city may uncondition-
ally and irrevocably pledge itself to levy ad valorem 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 approval 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 any one (1) or more purposes shall
C38
§ C-54 CHARTER § C-56
not defeat the approval of bonds for any purpose which shall be
approved by the electors.
§ C-55. Powers declared additional to state law.
Except as set forth in § C-54 of this Article, this Article shall not be construed
as in any way restricting or superseding any of the provisions of any general law
of Florida relating to the taxing and bond issuance powers of municipalities but
shall provide an alternative and supplementary method for the exercise of the
powers granted in this charter, and the city shall be fully authorized to exercise
any powers provided in such general laws upon compliance only with the
provisions 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 Employees2 or such other laws as may be enacted by the Florida
Legislature governing the conduct and ethics of public officers and employees,
as set forth under the laws of Florida. Any violation 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 violation of this section shall render any
contracts with the city voidable by the City Manager or the City Commission if
the person or entity contracting with the city had express or implied knowledge
of such violation. Nothing contained herein shall be construed to deprive any
city officer or employee of such officer's or employees right to due process
under the Constitution and the laws of the United States and the State of
Florida.
I Editor's Note: See F.S. § 112.311 et seq.
C39
§ C-57 OCOEE CODE § C-59
§ C-57. Construction of Charter.
Except as otherwise provided herein, the provisions of this Charter shall be
liberally construed to effect its purpose and shall be deemed cumulative,
supplemental and alternative authority for the exercise of the powers provided
herein.
§ C-58. Severability of provisions.
If any sentence, phrase, paragraph, provision or portion of this Charter is for
any reason held invalid, unenforceable or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed to be a separate, distinct
and independent provision and such holding shall not in any way affect the
validity of the remaining portion thereof. If any sentence, phrase, paragraph,
provision or portion of the Charter is held invalid, unenforceable or
unconstitutional in its application to any person or circumstance, the application
of the Charter and its provisions 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 every
ten (10) years thereafter. A Charter Review Commission may also be appointed
by the City Commission at such times as deemed necessary by the City
Commission. The Charter Review Commission shall consist of five (5) members
who shall be appointed by majority vote 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.
C40
§ C-60 CHARTER
§ C-60. Removal; vacancies.
§ C-61
A. Removal. Any member of the Charter Review Commission may be
removed by the City Commission in accordance with the following
procedures:
(1) The City Commission shall adopt by affirmative vote of a majority
of all its members a preliminary resolution which must state the
reasons for removal. A copy of the resolution shall be promptly
delivered to the member of the Charter Review Commission
sought to be removed.
(2) Within five (5) days after a copy of the resolution is delivered to
the member sought to be removed, 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 affirmative vote of a majority
of all its members a final resolution of removal, which may be
made effective 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
delivered to the member sought to be removed, 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 vacancy occurs in the Charter Review Commission, a
qualified individual shall be appointed by the City Commission to serve
in place of the member who created the vacancy. Such vacancy shall
be filled within thirty (30) days after the vacancy occurs.
§ C-61. Powers and duties.
The Charter Review Commission shall serve as an advisory body to the City
Commission with respect to the Charter. The Charter Review Commission shall
review 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 amendments and
revisions to the Charter.
C41
§ C-62 OCOEE CODE § C-65
§ C-62. Recommendations to the City Commission.
The above -mentioned report shall be submitted to the City Commission in
accordance with such 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 report, the City Commission shall accept or reject the recommenda-
tions 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.
§ 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 Review 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 divided into four (4) single -member districts
effective upon the adoption of the initial geographic boundaries of such districts
by the City Commission of the City of Ocoee.
C42
§ C-66 CHARTER § C-66
§ C-66. Establishment of Districting Commission.
A. Appointment of members. The City Commission shall establish a
Districting Commission after November 15, 1991, but no later than
December 15, 1991, and every five (5) years thereafter (i.e., 1996,
2001, etc.) a new Districting Commission shall be appointed by the
City Commission after November 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 five (5)
members who shall be appointed by majority vote 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) Removal. Any member of the Districting Commission may be
removed by the City Commission in accordance with the following
procedures:
(a) The City Commission shall adopt by affirmative vote of a
majority of all its members a preliminary resolution which
must state the reasons for removal. A copy of the resolution
shall be promptly delivered to the member of the Districting
Commission sought to be removed.
(b) Within five (5) days after a copy of the resolution is delivered
to the member sought to be removed, 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.
(c) The City Commission may adopt by affirmative vote of a
majority of all its members a final resolution of removal, which
may be made effective 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 delivered to the member sought to
be removed, if such member has not requested a public
hearing. If such member has requested a hearing, such
C43
§ C-66 OCOEE CODE § C-66
resolution, if adopted, must be adopted within forty-five (45)
days from the date of the hearing.
(2) Vacancies. If any vacancy occurs in the Districting Commission, a
qualified individual shall be appointed by the City Commission to
serve in place of the member who created the vacancy. Such
vacancy shall be filled within thirty (30) days after the vacancy
occurs.
C. Powers and duties.
(1) The Districting Commission shall serve as an advisory body to the
City Commission with respect to the establishment of initial
geographic boundaries of the four (4) single -member districts of
the City of Ocoee. Each new Districting Commission shall serve
as an advisory body to the City Commission with respect to the
redistricting of such boundaries.
(2) Upon its initial appointment in 1991, the Districting Commission
shall review the most current, official census data, together with
all other data relevant to the establishment of initial geographic
boundaries of the four (4) single -member districts, and shall
prepare a report to the City Commission that contains recommen-
dations concerning such boundaries.
(3) Upon appointment of a new Districting Commission in 1996, and
every five (5) years thereafter, the Districting Commission shall
review the geographic boundaries of the four (4) 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 any, for the
adjustment of district boundaries.
(4) All recommendations concerning 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.
C44
§ C-66 CHARTER § C-66
(b) The districts shall be based upon the principle of equal and
effective 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 available 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 initial geographic boundaries of the four (4) single -
member districts and any subsequent redistricting of such boundaries
shall be done by ordinance by the City Commission; provided, 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 deliver 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
provide technical data and assistance to the Districting Commission.
City staff shall also be available to assist the Districting Commission as
needed.
G. Expenses. The City Commission shall appropriate funds to defray
reasonable expenses of the Districting Commission.
C45
§ C-67 OCOEE CODE § C-69
§ C-67. Date of adoption of initial districts.
The City Commission shall adopt by ordinance the initial geographic
boundaries of the four (4) 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 1, 1992. Such ordinance shall designate four (4) single -member districts
which will be identified in such ordinance as District Nos. 1, 2, 3 and 4.
§ C-68. Representation of districts.
In order to harmonize the terms of the present members of the City
Commission with the form of government establishment by this Article, it is
hereby provided that effective upon the adoption of the 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:
A. District No. 1 shall be represented by the City Commissioner previously
elected to Seat No. 1 for the duration of such Commissioners 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 office.
C. District No. 3 shall be represented by the City Commissioner previously
elected to Seat No. 3 for the duration of such Commissioner's current
elected term of office.
D. District No. 4 shall be represented by the City Commissioner previously
elected to Seat No. 4 for the duration of such Commissioner's current
elected term of office.
§ C-69. District residency requirements.
Effective 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:
E.
§ C-69 CHARTER § C-71
A. The Commissioners to be elected in November 1992 must be bona
fide residents of their respective 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 respective districts in order to qualify for and to hold
the office of Commissioner as required under § C-11 of Article III of
this Charter.
B. The Commissioners to be elected at the next general municipal election
following the November 1992 election must be bona fide residents of
their respective 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
respective districts in order to qualify for and to hold the office of
Commissioner as required under § C-11 of Article III of this Charter.
§ C-70. Annexed territory.
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 vote 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 Government 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 § 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
C47
§ C-71 OCOEE CODE § C-71
the Constitutions and the laws of the United States and of Florida and the
provisions of § C-66C(4)(a) through (d) of this Article.