Item #10 First Reading of Ordinance Modifying the City’s General Municipal Election Dates to Coincide with the Presidential Preference Primary Date on March 15, 2016ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: June 2, 2015
Item # D
Reviewed By:
Contact Name: Beth Eikenb
Contact Number: 1022
Department Director:
City Manager:
Subject: Ordinance Modifying the City's General Municipal Election Dater to Coincide wil"he
Presidential Preference Primary Date on March 15, 2016.
Background Summary:
§101.75 (3) Florida Statutes provides that: Not withstanding any provision of local law or municipal charter, the
governing body of a municipality may, by ordinance, move the date of any municipal election to a date
concurrent with any statewide or countywide election. The dates for qualifying for the election moved by the
passage of such ordinance shall be specifically provided for in the ordinance. The term of office for any elected
municipal official shall commence as provided by the relevant municipal charter or ordinance. Ocoee Charter
C -45(b) states: 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. Adoption of the attached ordinance will result in a
significant savings to the City of approximately $60,000- $75,000.
Issue:
Should the Mayor and Commission adopt on first reading the ordinance modifying the date of the 2016 General
Election for the City of Ocoee Mayor and Commission Districts 1 and 3, to coincide with the Presidential
Preference Primary Election on March 15, 2016.
Recommendations
Staff recommends the Mayor and Commission adopt the ordinance changing the Ocoee General Election to
March 15, 2016, to coincide with the Presidential Preference Primary in order to increase voter turnout and
create a significant savings to the City.
Attachments:
Modified Election Dates
Ordinance
Financial Impact:
Savings of approximately $60,000 - $70,000
Type of Item: (please mark with an 'Y)
Public Hearing
For Clerk's Dept Use:
Ordinance First Reading
Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
N/A
Reviewed by Finance Dept.
N/A
Reviewed by ( )
N/A
Modified Election Dates:
*General Election Date: March 15, 2016
Qualifying Dates: Noon Friday, Dec. 11 — Noon Friday, Dec. 18, 2015
Run Off Election: April 12, 2016
Swearing In: April 5, 2016 (without a run -off election)
April 19, 2016 (with a run -off election)
Canvassing: Canvassing for the General Election will be conducted
by the Orange County Canvassing Board.
*this election will be held on the day of a regular commission meeting and the commission
may wish to cancel or reschedule the regular meeting on March 15, 2016.
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ORDINANCE 2015-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, MODIFYING
THE CITY'S GENERAL MUNICIPAL ELECTION DATES TO
COINCIDE WITH THE PRESIDENTIAL PREFERENCE PRIMARY
DATE IN 2016; PROVIDING FOR A QUALIFYING PERIOD AND
SCHEDULE FOR RUN -OFF ELECTION TO BE APPLIED IN
CONJUNCTION WITH SAID ELECTION; DESIGNATING THE
ORANGE COUNTY CANVASSING BOARD AS THE CITY
CANVASSING BOARD FOR THE GENERAL MUNICIPAL
ELECTION; AND PROVIDING FOR CONFLICTS, SEVERABILITY
AND AN EFFECTIVE DATE
WHEREAS, Section 101.75(3), Florida Statutes, authorizes municipalities to
change by ordinance the dates of their municipal elections to coincide with the 2016
presidential preference primary to be held on March 15, 2016; and
WHEREAS, Article VII, Section C-45 of the City of Ocoee Charter currently
provides that the regular general election for the Mayor and members of the City
Commission shall be held on the second Tuesday in March of each year; and
WHEREAS, Section 101.75(3), Florida Statutes, further provides that municipalities
adopting an ordinance changing the date of a municipal general election to the date
coinciding with the presidential preference primary shall specifically provide for a qualifying
period; and
WHEREAS, if the City of Ocoee, Florida (hereinafter referred to as the "City ") were
to conduct a separate regular municipal election in March, the City would be responsible
for the total election costs; however, in opting to hold its 2016 regular election in
conjunction with the presidential preference primary, the City will be responsible only for
the costs of legal advertising for the announcement of the election and qualifying period,
and verification of any petition that may occur, resulting in a significant financial savings to
the City; and
WHEREAS, the City Commission deems it to be in the best interests of the citizens
and residents of the City to change the dates of its Regular Municipal Election, otherwise
to be held in March 8, 2016, to coincide with the presidential preference primary and be
held on March 15, 2016.
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NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as
true and correct and incorporated herein by this reference.
Section 2. Authority The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State
of Florida and Chapter 166, Florida Statutes.
Section 3. 2016 Presidential preference primary As authorized by general
law, on March 15, 2016, the City shall hold its regular municipal election so that the
regular municipal election coincides with the date of Florida's presidential preference
primary. The following provisions shall apply to the 2016 regular municipal election held
in conjunction with the presidential preference primary notwithstanding any city charter
provision or ordinance to the contrary:
(a) The qualifying period for such election shall commence at noon on Friday,
December 11, 2015 and shall terminate at noon on Friday, December 18, 2015.
(b) Pursuant to the provisions of Section C -50 of the City of Ocoee Charter,
the canvassing of absentee, provisional, and overseas ballots for the City's
regular municipal election will be conducted by the Orange County Canvassing
Board.
(c) In the event that the results of the regular municipal election held in
conjunction with Florida's presidential preference primary require a run -off
election, such run -off election shall be held on Tuesday, April 12, 2016. A run -off
election would be conducted at the direction and cost of the City and would be
canvassed by the City Canvassing Board as provided in Section C -50 of the City
of Ocoee Charter.
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Section 3. Filing fee and election assessment. In accordance with Section
99.093, Florida Statutes, a candidate for the Office of City Commissioner, shall pay a
municipal filing fee of $50 and a state election assessment of $40; a candidate for the
Office of Mayor shall pay a municipal filing fee of $100 and a state election assessment
of $45.
Section 4. Conflict. All Ordinances or parts of Ordinances, Resolutions or parts
of Resolutions in conflict herewith are hereby made ineffective to the extent of such
conflict.
Section 5. Severability. If any clause, section or other part of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no way affecting
the validity of the other provisions of this Ordinance.
Section 6. Effective Date This Ordinance shall become effective
immediately upon its passage and adoption.
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PASSED AND ADOPTED this
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of 1 2015
SHUFFIELD, LOWMAN & WILSON, P.A.
City Attorney
day of ) 2015.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 2015
READ FIRST TIME , 2015
READ SECOND TIME AND ADOPTED
2015
UNDER AGENDA ITEM NO.
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