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HomeMy WebLinkAboutOrdinance_12-21_8/12/2021ORDINANCE NO. 12-21 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TE- QUESTA, FLORIDA, AMENDING THE VILLAGE CHARTER AT ARTICLE II. SECTION 2.02. TO ADJUST THE DATES FOR QUALIFYING FOR MUNICIPAL ELECTED OFFICE, AT THE REQUEST OF THE PALM BEACH COUNTY SU- PERVISOR OF ELECTIONS; DIRECTING THE VILLAGE CLERK TO TRANS- MIT A CERTIFIED COPY OF THIS ORDINANCE TO THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS. PROVIDING THAT EACH AND EVERY OTHER SECTION, SUBSECTION AND PROVISION OF THE CHAR- TER OF THE VILLAGE OF TEQUESTA 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 2.02 of the Village Charter 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 in the year immediately preceding the election; 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 quali- fying 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 addi- tional 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 Ar- ticle II, Section 2.02 of the Village Charter; and WHEREAS, Sections 100.3605, 101.75 and 166.021, Florida Statutes, permit the Village to amend its Charter to change the date of its municipal election qualifying period by ordinance and without referendum; and WHEREAS, the Village Council of the Village of Tequesta has determined that adopting this ordinance in order to amend the Charter in this manner is in the best interests of the citizens of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VIL- LAGE OF TEQUESTA, FLORIDA, THAT: Section 1: The foregoing facts and recitations contained in the preamble to this Ordinance are true and correct, and are hereby adopted and incorporated by reference as if fully set forth herein. Section 2: The Charter of the Village of Tequesta is hereby amended at Article II. The Village Council, Section 2.02. Qualifications and Disqualifications. to adjust the dates for the qualifying period for the Village's elections; providing that Section 2.02 shall hereafter read as follows: -1- ARTICLE II. — THE VILLAGE COUNCIL Section 2.02. - Qualifications and Disqualifications. No person shall be eligible to hold any elective office of the Village unless said person shall be a reg- istered voter and resident of the Village. Any Village Councilmember who ceases to possess these qualifi- cations shall forthwith forfeit his or her office. 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 November Deer to and including noon on the third Tuesday in November Deeember in the year immediately preceding the election, and shall pay such filing fee as set by ordinance. candidates must qualify betweeR neen 9R the fiFst Tuesday of DeGember, 2017 and F;9GR OR the thiF4 Tuesday of Deeember, 2014.. Such notice shall be signed by at least fifty (50) registered voters of the Village of Tequesta and shall state the seat number to which said candidate seeks to be elected, the can- didate's place of residence, the candidate's age and any other data required by law. Section 3: Each and every other section, subsection and provision of the Charter of the Village of Tequesta shall remain in full force and effect as previously adopted. Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 5: Should any section or provision of this ordinance, 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 6: Specific authority is granted to codify and incorporate this ordinance into the existing Charter of the Village of Tequesta, Florida. Section 7: The Village Clerk is hereby directed to transmit a certified copy of this ordinance to the Palm Beach County Supervisor of Elections. Section 8: This ordinance shall take effect immediately upon adoption. -2- ORDINANCE 12-21 Date 08/12/2021 Upon Second Reading Motion Vice -Mayor Kyle Stone Second Council Member Molly Young 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 © E] © 0 0 0 17 EJ 0 © F 0 The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: Frank D'Ambra, III ATTEST: ' tiQORA7. 0 7 �•C� cG n 7 poi \1AGG� �� ,SAP. G DUNE "°'sTA/, E 0F,�F�, 0 �OV#L- Lori McWilliams, MMC Village Clerk