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HomeMy WebLinkAboutOrdinance_25-19_12/12/2019ORDINANCE 25-19 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TE- QUESTA, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTAAT CHAPTER 2. ADMINISTRATION ARTICLE V. ELECTIONS. SECTION 2-233. TO PROVIDE A MUNICIPAL ELECTION DATE, ELECTION QUALIFYING PERIOD, AND RUN-OFF ELECTION DATE FOR THE 2020 VILLAGE MUNICIPAL ELECTION CONCUR- RENTLY WITH THE 2020 PRESIDENTIAL PREFERENCE PRIMARY ELECTION; DIRECTING THE VILLAGE CLERK TO TRANSMIT CERTI- FIED COPY OF THIS ORDINANCE TO THE PALM BEACH COUNTY SU- PERVISOR OF ELECTIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 5. ELECTIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Article II, Section 2.01 of the Village Charter sets the date for village elections as the second Tuesday in March of each year; and WHEREAS, Article II, Section 2.02 of the Village Charter sets the qualifying pe- riod for Village elections as from and including noon on the first Tuesday in December to and including noon on the third Tuesday in December in the year immediately pre- ceding the election. WHEREAS, in 2020, as previously occurred in 2016, the presidential preference primary election will fall on the third Tuesday in March; and WHEREAS, the Village Council previously adopted Ordinance No. 6-15 to move the Village's 2016 municipal election date to a date concurrent with that year's presidential preference primary election; and WHEREAS, holding the village's election on a date concurrent with the presiden- tial preference primary election requires the village to adopt an ordinance that establishes the municipal election date, election qualifying period, and run-off election date for the year when the village holds its municipal elections concurrent with the presidential pref- erence primary election; and WHEREAS, sections 100.3605, 101.75, and 166.021, Florida Statutes, permit the village to amend its code of ordinances to change the date of its village election and qualifying period by ordinance and without referendum, and WHEREAS, the Village Council believes these amendments to the code of ordi- nances are in the best interests of the citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1. The facts and recitations contained in the preamble of this ordinance are adopted and incorporated by reference as if set forth in this section. Section 2. The Code of Ordinances of the Village of Tequesta, Florida, is hereby amended at Chapter 2, Article V, Section 2-233 to provide municipal election dates and qualifying periods for the 2020 village election that will coincide with the 2020 presidential preference primary election; providing that Section 2-233 shall hereafter read as follows: Sec. 2-233. - Village election dates, qualifying periods, and runoff election dates in years of statewide or countywide presidential preference primary elections. F.S. § 101.75, delegates authority to the village to move the date and qualifying period of any village election to a date concurrent with other state or countywide elections. Notwithstanding the sections of the village charter and code of ordinances regarding the village election date, election qualifying period, and date of runoff elections, the village shall hold its village election concurrently with any statewide or countywide presidential preference primary elections when those occur, and adhere to the following village elec- tion date, qualifying period, and date of runoff election in such instances: (a) Beginning in 2016, the village shall hold its municipal election concurrently with presidential preference primary elections. (1) For municipal elections that occur after 2016, the municipal qualifying pe- riod shall begin at noon on the first Tuesday in December and end at noon on the third Tuesday in December in the year immediately preceding the election. (2) The 2020 municipal election shall occur on March 17 2020 and no candi- date may take office until the election has concluded (3) If candidates for any office in 2020 receive the highest and equal numbers of votes cast, the names of the tied candidates shall be placed on a ballot and voted on at a run-off election on March 31, 2020. 2 (b) When a presidential preference primary election occurs in future years, the vil- lage shall set a -concurrent election date, qualifying period, and date of run-off election by separate ordinance. Section 3. The village clerk is directed to transmit a certified copy of this ordi- nance to the Office of the Palm Beach County Supervisor of Elections. Section 4. Each and every other section and subsection of Chapter 2. Admin- istration, shall remain in full force and effect as previously adopted. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are repealed. Section 6. If any section or provision of this ordinance, any paragraph, sentence or word is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the remainder of this ordinance. Section 7. Specific authority is hereby given to codify this ordinance into the Code of Ordinances of the Village of Tequesta, Florida. Section 8. This ordinance will take effect immediately upon adoption. 3 ORDINANCE 25-19 Date 12/12/2019 Motion Vice -Mayor Kristi Johnson Upon Second Reading Second Council Member Vince Arena VOTE FOR ADOPTION AGAINST ADOPTION ABSENT Mayor Abigail Brennan ❑✓ ❑ Vice -Mayor Kristi Johnson F ❑ ❑ Council Member Vince Arena ❑✓ ❑ Council Member Laurie Brandon ❑✓ ❑ Council Member Kyle Stone ❑✓ ❑ The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA Abig H Br n an ATTEST Cam PQ 0'rG Rq��: ' INCORPpgED:.� NF4 19�'... 'P %000 ,', Lori McWilliams, MMC Village Clerk