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VILLAGE OF TEQUESTA
Post Office Box 3273 • 357 Tequesta Drive ,3TL
„5;-'-s ��' Tequesta,Florida 33469-0273 • (407)575-6200
� w Fax: (407)575-6203
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ACM C001
MEMORANDUM
TO: Village Council
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FROM: Thomas G. Bradford, Village Manager
DATE: February 4, 1993
RE: Vacancy in Candidacy Ordinance; Agenda Item
Pursuant to your request, attached hereto, please find an Ordinance
ready for first reading that addresses the Vacancy in Candidacy as
required by Florida law. Also pursuant to your request, this
Ordinance makes it so that if there is only one remaining candidate
after the filing period for candidacy has ended, then that
remaining candidate would be declared elected and no election for
that office will be required.
TGB/cm
attachment
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Recycled Paper
JONES, FOSTER, JOHNSTON & STUBBS, P. A.
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
506 SOUTH FLAGLER DRIVE �` I N 1
ELEVENTH FLOOR /.�
LARRY B.ALEXANDER JOHN BLAIR MoCRACKEN P.O. BOX 3475 I
E.•Y F.LILIENTHAL
VINCENT J.ALTINO SCOTT L.McMULLEN WEST PALM BEACH.FLORIDA 33402.3475 11 F R �F 902.1662
STEPHEN J.AUCAMP PAMELA A.MONIERNEY (407)8503000 11•� n HA• S3 SON JOHNSTON
SCOTT M.COLTON TIMOTHY E.MONAGHAN J 1 A -•H 5.1W7
JOYCE A.CONWAY JOHN C.RANDOLPH FAX:(407)832-1454TF ��MARGARET L.COOPER ANDREW ROSS R.ERU E JONES
MI 1 -4 1.;) ' PA' •WOLFE�
BYRON R.CORNWELL STEVEN J.ROTHMAN _
REBECCA O.DOANE PETER A.SACHS ii
CHRISTOPHER S.DUKE D.CULVER SMITH III ��t •.:.1991
SCOTT O.HAWKINS JOEL T.STRAWN J .
THORNTON M.HENRY SIDNEY A.STUBBS.JR. WRITER'S DIRECT LINE: Q �pIC .R TIRED
PETER S.HOLTON ALLEN R.TOMLINSON U It'S WI A.FOSTER
CHARLES J.INOBER JOHN S.TAMPER
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MARK B.KLEINFELD MICHAEL P.WALSH COUNSEL
MICHAEL T.KRANZ H.ADAMS WEAVER ' I. •RTIN FLANAGAN
JOHN M.L.ROUX 1// •1 'V,\ OTHER LOCATION
01
54 N.E.FOURTH AVE.
January 11, 1993
/ 1 , DELRAY BEACH.FLORIDA 33463
Mr. Thomas G. Bradford I
Village Manager
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469 .
RE: Village of Tequesta/Vacancy in Candidacy Ordinance
Our File No. 13153.3
Dear Tom: n
We have previously discussed the above referenced issue and the
• application of S166.031(6) , Fla. Stat.
It is my belief that the intention of the legislature in the
adoption of S166.031(6) was to assure that municipalities have in
place a method to address procedures which would be implemented in
the event of a vacancy in candidacy.
Although the Village Charter provides a method for filling a
vacancy in office, neither the Charter nor the Code of the Village
prescribe a method for filling a vacancy in candidacy. If the
Village elected to preserve the status quo, the policy at present,
in the event of a vacancy in candidacy, would be for the remaining
candidate to be the successful candidate. In the event the Council
were to choose that option, I have prepared an ordinance which
would implement that option and is ready for first reading.
There may be other alternatives which the Council would like to
consider in the event of a vacancy in candidacy. If another option
were chosen, we should .give consideration to the drafting of an
ordinance which would implement the same.
Sincerely, .
leamG 64 SIGNED IN THE
John C. Randolph�" ABSENCE OF JOHN C.
JCR/ssm RANDOLPH TO
Enclosure EXPEDITE DELIVERY,
ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER
2 OF THE CODE OF ORDINANCES RELATING TO
ADMINISTRATION SO AS TO ESTABLISH A PROCEDURE
RELATING TO A VACANCY IN CANDIDACY CAUSED BY
DEATH, WITHDRAWAL OR REMOVAL FROM THE BALLOT
OF A QUALIFIED CANDIDATE FOLLOWING THE END OF
THE QUALIFYING PERIOD WHICH LEAVES FEWER THAN
TWO CANDIDATES FOR AN OFFICE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the legislature of the State of Florida has provided
at Section 166.031(6) , Florida Statutes, that each municipality
shall by ordinance or charter provision provide procedures for
filling a vacancy in candidacy caused by death, withdrawal, or
removal from the ballot of a qualified candidate following the end
of the qualifying period which leaves fewer than two candidates for
an office; and
WHEREAS, the Code of Ordinances of the Village of Tequesta
does not include a provision for the filling of aLvacancy in .
candidacy in instances such as that referenced in F.S. 166.031(6) ;
and
WHEREAS, in order to 'establish ea procedure to meet the
conditions required by Florida law, it is deemed necessary by the
Village to adopt an Ordinance so as to include a provision for
filling a vacancy in candidacy.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 2 of the Code of Ordinances of the Village
of Tequesta, relating to Administration, is hereby amended at
Article I to include a new Section 2-3 to read as follows:
"Sec. 2-3. Vacancy in Candidacy.
In the event a vacancy in candidacy is caused by death,
withdrawal or removal of a candidate subsequent to the
candidate qualifying pursuant to the procedures
established by the Village, so as to leave fewer than two
candidates for the office in which the vacancy in
candidacy has occurred, then and in that event, the
remaining candidate shall be declared elected and no
election for that office shall be required."
Section 2. Severability. If any provision of this
Ordinance or the application thereof is held invalid, ' such
invalidity shall not affect the other provisions or applications of
this Ordinance which can be given effect without the invalid
provisions or applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
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which conflict with this or any part of this Ordinance are hereby
repealed.
Section 4. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 5. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING ORDINANCE was offered by Councilmember
, who moved its adoption. The Ordinance
was seconded by Councilmember and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of , 1993.
MAYOR OF TEQUESTA
Earl L. Collings
ATTEST:
Village Clerk
JCR\131530RD\VACANCY.ORD
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