2015-009 Resolution Relating to the Mayor's Signature on City Commission Approved DocumentsRESOLUTION NO. 2015 -009
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE MAYOR'S SIGNATURE ON DEEDS,
CONTRACTS, AGREEMENTS, BONDS, NOTES,
OBLIGATIONS AND OTHER LEGAL DOCUMENTS OF
THE CITY; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section C -20 of the City of Ocoee Charter provides that the Mayor shall sign
all deeds, contracts, agreements, bonds, notes, obligations, and other legal documents of the City
(hereafter "Transactional Documents "); and
WHEREAS, Section C -28 of the City of Ocoee Charter requires that the City Clerk attest
to the Mayor's signature on all such Transactional Documents; and
WHEREAS, in 1996 the Florida Legislature passed and the Governor signed the Electronic
Signature Act ( "Act ") to facilitate economic development and efficient delivery of government
services by means of reliable electronic message; and
WHEREAS, the Act provides that, unless otherwise provided by law, an electronic
signature may be used and has the same force and effect as the handwritten signature; and
WHEREAS, 15 U.S.C. Ch. 96 similarly provides that, with respect to any transaction in
or affecting interstate or foreign commerce, a signature, contract, or other record relating to such
transaction may not be denied legal effect, validity, or enforceability solely because it is in
electronic form; and
WHEREAS, some Florida agencies are transitioning towards the use of electronic
signatures on all Transactional Documents once those Transactional Documents are approved by
the respective governing bodies; and
WHEREAS, in an effort to expedite processing of all Transactional Documents, which
have been approved by the City Commission but must be signed by the Mayor, the City
Commission hereby makes the following finding of delegation of authority to electronically sign for
the Mayor or affix the Mayor's signature by facsimile signature stamp to said Transactional
Documents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article VIII of the Florida Constitution and Chapter
166, Florida Statutes.
SECTION 2. Findings of Fact. The City Commission hereby finds and declares
that the following individuals are delegated with authority to sign by facilitating an electronic
signature of the Mayor or affix the signature by using a stamp with a facsimile of the Mayor's
signature on all Transactional Documents, following City Commission approval of the item
associated with the Transactional Document:
City Attorney
City Clerk
Acting City Clerk
The City Clerk may attest to such electronic or facsimile signature as though a
handwritten signature.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Resolution is for any reason held invalid or unconstitutional by any court of
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competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 4. Effective Date.
immediately upon passage and adoption.
ATTEST:
This Resolution shall become effective
PASSED AND ADOPTED this _eday of , 206—.
Be ikenberry, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
'=5 54- 4�4—
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this Wday of M , 20 015".
SHUFFIELD, LOWMAN & WILSON, P.A.
in
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S. Scott Vandergrift, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO. I a