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HomeMy WebLinkAboutOrdinance_13-21_8/12/2021ORDINANCE NO. 13-21 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION, ARTICLE V. ELECTIONS, SECTIONS 2- 233 AND 2-271 TO ADJUST THE DATES FOR QUALIFYING FOR MUNICIPAL ELECTED OFFICE, AT THE REQUEST OF THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS; FURTHER AMENDING THIS ARTICLE TO DELETE OBSOLETE TEXT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION 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, Chapter 2, Article V, Sections 2-233 and 2-271 of the Village Code of Ordinances sets the dates for qualifying for village municipal elections from and including noon on the first Tuesday in December to and including noon on the third Tuesday in December; and WHEREAS, the Village of Tequesta has, as have other municipalities in Palm Beach County, been requested by the Palm Beach County Supervisor of Elections (SOE) to move its municipal election qualifying period to an earlier period that provides sufficient time for the SOE to process vote by mail ballots; and WHEREAS, the Village Council has reviewed its qualifying period, the SOE request and additional information from the Village Clerk, and desires to adjust the qualifying period dates for the Village's municipal election; and WHEREAS, moving the dates of the Village's qualifying period requires an amendment to Chapter 2, Article V, Sections 2-333 and 2-271 of the Village Code of Ordinances; and WHEREAS, the Village Council believes these amendments to its Code of Ordinances 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 foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. Section 2: Chapter 2. Administration. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article V. Elections. Division 1. Generally. at Section 2-233 to revise qualifying period dates to conform with a request from the Palm Beach County Supervisor of Elections; providing that Chapter 2, Article V, Division 1, Section 2-233 shall hereafter read as follows: ARTICLE V. - ELECTIONS DIVISION 1. - GENERALLY 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 statewide 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 election, the village shall hold its village election concurrently with any statewide or countywide presidential preference primary elections in vears when those occur, and shall adhere to the following village election 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 in years when such presidential preference primary elections occur. (1) reFAURie`pal eleeti^^` that 4 2016, The municipal election qualifying period shall begin at noon on the first Tuesday in November DeeeIaer and shall end at noon on the third Tuesday in November;,;, ;er in the year immediately preceding the election. (2) The 2024 2020 municipal election shall occur on March 19 -1-7, 2024 202-9, and no candidate may take office until the election has concluded. (3) If candidates for any office in 2024 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 April 2, 2024 March 31, 2029 (b) When a presidential preference primary election occurs in future years after 2024, the village council shall set a concurrent election date, qualifying period, and date of run-off election by separate ordinance. Section 3: Chapter 2. Administration. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article V. Elections. Division 3. Candidates. at Section 2-271 to revise qualifying period dates to conform with a request from the Palm Beach County Supervisor of Elections; providing that Chapter 2, Article V, Division 3, Section 2-271 shall hereafter read as follows: ARTICLE V. - ELECTIONS DIVISION 3. CANDIDATES Sec. 2-271. - Qualifying period. Any candidate seeking election as councilmember shall file with the village clerk a written notice to such effect from and including noon on the first Tuesday in NovembeDeee;beF to and including noon on the third Tuesday in November Derze ^b_- in the year immediately preceding the election. Section 4: Each and every other section and subsection of Chapter 2. Administration. shall remain in full force and effect as previously adopted. Section 5: All Ordinances or parts of Ordinances in conflict be and the same are hereby repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 7: Specific authority is hereby granted to codify this Ordinance. Section 8: This Ordinance shall take effect immediately upon adoption. ORDINANCE 13-21 Date 08/12/2021 Upon Second Reading Motion Vice -Mayor Kyle Stone Second Council Member Laurie Brandon Mayor Frank D'Ambra,lll Vice -Mayor Kyle Stone Council Member Laurie Brandon Council Member Molly Young Council Member Bruce Prince FOR AGAINST ABSENT CONFLICT El 1:1 El IE The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: Frank D'Ambra, III ATTEST: â–ºNCORpOR L D D Lori McWilliams, MMC Village Clerk