§ 1. City Council.
There shall be a City Council of the City of Orlando, Florida, consisting of a Mayor-Commissioner representing the City at-large and six (6) City Commissioners each representing the district in which they reside. The members of the City Council shall be elected for a term of four (4) years in the manner herein provided, unless the term is altered due to an election date change authorized by ordinance. The Mayor-Commissioner shall be elected by the majority of the votes cast by the qualified electors of the City at large. Each of the six (6) other City Commissioners shall be elected by the majority of the votes cast by the qualified electors of the respective districts which they represent on the City Council.
City elections shall be nonpartisan and shall be held at the time designated by ordinance. Such municipal elections so held shall be general municipal elections and no other municipal primary or general election shall be necessary, any local or general law to the contrary notwithstanding.
It is contemplated by this section that there may be a "run-off" municipal election; that is, if there should be more than two (2) candidates for any office and no one candidate receives a majority of the votes cast in the general municipal election, then the two (2) candidates receiving the highest vote in the first election shall run again in a run-off municipal election to be held at the time designated by ordinance in the same year and then the candidate receiving the majority of the votes cast at such election shall be elected.
If a City Commissioner ceases to be a bona fide resident of the district from which he was elected or the Mayor-Commissioner ceases to be a bona fide resident of the City, his office shall immediately become vacant, provided that the district residency requirement shall not apply to a City Commissioner who, for the duration of his term, ceases to be a resident of his district due to action of City Council which redesignates district boundaries pursuant to Section 4-1 of this chapter.
If any vacancy occurs in the office of any member of the City Council and the unexpired term is less than one year, then the remaining members of said City Council shall, within forty (40) days from the date of such vacancy, by a majority vote, elect a person to fill such vacancy. If the unexpired term exceeds one year and the vacancy should be that of the office of Mayor-Commissioner, the remaining members of the City Council shall within ten (10) days after such vacancy or notice of an upcoming vacancy due to an irrevocable resignation call a special municipal election to be held within forty-five (45) days from such call to fill such vacancy or at the next regularly scheduled general election if one will occur within ninety (90) days. If the unexpired term exceeds one year and the vacancy should be that of the office of a City Commissioner other than the Mayor-Commissioner then the Mayor-Commissioner shall within ten (10) days after such vacancy or notice of an upcoming vacancy due to an irrevocable resignation occurs, call a special municipal election to be held within forty-five (45) days from such call to fill such vacancy or at the next regularly scheduled general election if one will occur within ninety (90) days. In all such cases, the person so elected, either by the remaining members of the City Council or by popular vote, as the case may be, shall hold office for the unexpired term.
(Ord. of 8-14-1978, § 1; Ord. of 1-10-2000, § 1, Doc. #32603)
Editor's note— Ord. of 8-14-1978, § 1, amended ch. 2, § 1, to read as herein set out. Until Oct. 31, 1980, the city council shall continue to be organized and the city government shall continue to be operated under the provisions of Charter ch. 2 in effect on Jan. 1, 1978. Prior to amendment by Ord. of 8-14-1978, § 1, ch. 2, § 1, was derived from Laws of Fla. ch. 31073(1955), § 1, and provided:
"Sec. 1. City Council.
"There shall be a city council of the City of Orlando, Florida, consisting of a mayor-commissioner and four (4) other city commissioners. The members of the city council shall be elected for a term of four (4) years in the manner herein provided and the mayor-commissioner shall be elected from the city at large and each of the four (4) other city commissioners shall be elected by the vote of all of the qualified electors of the city at large but each of the four (4) city commissioners shall reside in the respective district which he represents on the city council.
"City elections shall be nonpartisan and shall be held at the same time as the holding of regular state and county primary elections every two (2) years, beginning in May of 1956 and in the event that the time for holding such state and county primary elections should be changed by law, then the time for holding such municipal elections shall be changed to the same time as the time designated for holding regular state and county primary elections. Such municipal elections so held shall be general election municipal elections and no other municipal primary or general election shall be necessary, any other local or general law to the contrary notwithstanding.
"In order to harmonize the terms of the present members of the city council with the procedures established by this act, it is hereby specifically provided as follows, to wit:
"The terms of the present mayor-commissioner and the city commissioner representing Commissioners District No. 4 be and the same are hereby respectively extended to November 1, 1956, and candidates to succeed to these offices shall run for election in the municipal election of 1956, as hereinabove provided. Successful candidates in said municipal election of 1956 shall take office on November 1, 1956 and serve for a term of four (4) years and thereafter their successors shall serve for terms of four (4) years.
"The terms of the city commissioners representing Commissioners District No. 1 and Commissioners District No. 3 are hereby extended to November 1, 1958 and candidates to fill these offices shall run in the municipal election as hereinabove described in 1958 and the successful candidates shall take office on November 1, 1958 and serve for a term of four (4) years and thereafter their successors shall serve for terms of four (4) years.
"The term of the city commissioner representing Commissioners District No. 2 shall expire November 1, 1956 and candidates to succeed this office shall run in the municipal election of 1956 and the successful candidate shall take office November 1, 1956 and serve for a term of four (4) years and thereafter his successors shall serve for terms of four (4) years.
"It is contemplated by this act that there may be a "run-off" municipal election; that is, if there should be more than two (2) candidates for any office and no one candidate receives a majority of the regular state and county primary, then the two (2) candidates receiving the highest vote in the first election shall run again in a run-off municipal election to be held at the time designated by law the same year and then the candidate receiving the majority of the votes cast at such election shall be elected.
"If any vacancy occurs in the office of any member of the city council and the unexpired term is less than one year then the remaining member of said city council shall, within forty (40) days from the date of such vacancy, by a majority vote, elect a person to fill such vacancy; if the unexpired term exceeds one year and the vacancy should be that of the office of mayor-commissioner, the remaining members of the city council shall within ten (10) days after such vacancy call a special municipal election to be held within thirty (30) days from such call to fill such vacancy; and if such vacancy shall be that of the officer of a city-commissioner shall within ten (10) days after such vacancy occurs, call a special municipal election to be held within thirty (30) days from such call to fill such vacancy. In all such cases the person so elected either by the remaining members of the city council or by popular vote as the case may be, shall hold office for the unexpired term." (Laws of Fla. ch. 31073(1955), § 1; Ord. of 8-14-1995, Doc. #28704)