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2015-011 Election Dates for 2016 ModificationORDINANCE 2015 -011 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. Page 1 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. Page 2 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. Page 3 PASSED AND ADOPTED this (0" day of , 2015. ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGAYTY this t�' day of -W , 2015. SHUFFIELD, LOWMAN & WILSON, P.A. In APPROVED: CITY OF OCOEE, FLORIDA ':554-d.A� S. Scott Vandergrift, Mayor ADVERTISED �, 2015 READ FIRST TIME 2 , 2015 RW SECOND TIME AND ADOPTED Ut,VNJ-- l Lp —12015 UNDER AGENDA ITEM NO. Page 4