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Home My WebLink AboutOrdinance_04-24_6/13/2024 ORDINANCE NO. 04-24 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. DIVISION 3. CANDIDATES. BY AMENDING SECTIONS 2- 273 AND 2-274 TO CONFORM THESE SECTIONS WITH VACANCY FILLING PROVISIONS OF THE RECENTLY AMENDED VILLAGE CHARTER; 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, Sec. 166.031(6), Florida Statutes, requires each municipality to provide procedures for filling vacancies in municipal office caused by death, resignation, or removal from office, in their Charter or code; and WHEREAS, Sec. 166.031(6), Florida Statutes, further requires each municipality to provide procedures for filling vacancies in candidacy for municipal office 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 a municipal office; and WHEREAS, the Village Charter was amended by the electors of the Village in 2022; and WHEREAS, among other amendments that were adopted was an amendment to Village Charter Sec. 2.05 regarding the Village's procedures for filling vacancies on the Village Council and ballots for election to the Village Council, which necessitates revision to the Village's elections code regarding the filling of vacancies to provide for internal consistency between the Charter and the code; and WHEREAS, upon the recommendation of the Village Manager and the Village Attorney, the Village Council now desires to update its elections code regarding the filling of vacancies to provide internal consistency with the recently amended Village Charter. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: Section 1: Chapter 2. Administration. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article V. Elections. Division 3. Candidates, by amending Secs. 2-273 and 2-274 to conform to vacancy filling provisions of the recently amended Village Charter; providing that Chapter 2,Article V, Division 3, Secs. 2-273 and 2-274 shall hereafter read as follows: Chapter 2. ADMINISTRATION ARTICLE V. ELECTIONS DIVISION 3. CANDIDATES Sec. 2-273. - Vacancy in candidacy,_or prior to-taking office. (a) If a vacancy in candidacy for election as councilperson occurs because no candidate qualified for the office in question, or because no qualified candidate remained on the ballot as a candidate for the office in question, thus creating a vacancy on the Villaae Council following the election, then, in accordance with Sec. 2.05(A) of the Villa a Charter. the Village Council may, by maiority vote of the remaining Councilmembers. appoint a qualified elector to hold such office until the next available general election at which time a successor Councilmember shall be elected to hold such office for any remaining unexpired term of the previously vacant office. sagser,Gheduled by the village GGunGil not less than 60 days and not FneFe than 120 days afteF the YaGanGy in the GandidaGy has GGGUrred-. (b) The criteria for selection of an appointed Councilmember under subsection (a) above are as follows: 1. Be a qualified elector of the Village of Teguesta pursuant to Village Charter Sec. 2.02; and 2. Be a resident of the Village of Teguesta for a minimum of one continuous year prior to being appointed: and 3. Submit a resume and letter of interest to the Village Clerk pursuant to any deadline for submissions that has been advertised by the Village: and 4. Agree to resign any currently held Village of Teguesta board or committee position immediately upon appointment becoming effective. qualifying peFied shall be established beginning E)R the day the YaGaRGY in the GandidaGy ARY Gandidate wishiF y duFiRq this supplemental qualifying peFied shall file a (c) In the event of a vacancy caused by resignation, death, or forfeiture of office pursuant to Sec. 2.05(B) of the Village Charter, which occurs subsequent to an election but before the council member elect takes the oath of office required by Sec. 2.03 of the Village Charter, then such vacancy shall be filled in accordance with the procedures set forth in Subsection (a) above, and the criteria set forth in Subsection (b) above. The . (d) If the death, withdrawal or removal from the ballot of a qualified candidate following the end of the qualifying period results in only one candidate remaining qualified for that office, such remaining qualified candidate shall be declared an unopposed candidate. RG Gandidates fGF aR OffiGe, to the date lifying shall be Feepened to a1IGW Gandidates to qualify R)F the e!eGt*en to that offine anr-eFdanGe with the Ghar-ter and this Cede. An prieF to the date of the eleGtien. (e) Reserved. if less thaR 21-days Fe„in to the eleGtien date a#eF the ,yea+h e1eGtiGR shall be held not less thaR 30 days and not FneFe thaR 90 days afteF the initial (f) The name of any qualified candidate who has withdrawn, died or been removed from the ballot shall not be printed on the ballot. If the ballot cannot be changed, any votes for that candidate shall be null and void. (g) A candidate withdrawing or being removed from the ballot after having qualified and paid the qualification fee shall not receive a refund of the qualifying fee. Sec. 2-274. - Vacancy on the Village Council after between eleGtion and taking office. In the event of a vacancy on the Village Council because of death, resignation removal from or forfeiture of office pursuant to Sec. 2.05(B) of the Village Charter, then, in accordance with Sec. 2.05(A) of the Village Charter. the Village Council may, by majority vote of the remainina Councilmembers, appoint a qualified elector to hold such office until the next available general election at which time a successor Councilmember shall be elected to hold such office for any remaining unexpired term of the previously vacant office. Gaured by ignation, death, aR el ro++in�hbutbefore nn„nnil Fnernvcr e}eG+ takesthe of nffine reryuire� with the OGedureS set forth 6eG+ion 2.05 of the Village GhaTer-. Section 2: Each and every other Section and Subsection of Chapter 2. Administration. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon adoption. 3„Y ORDINANCE DATE F04-24 06/13/24 MOTION Council Member Jayson E. French SECOND Vice-Mayor Rick Sartory FOR AGAINST ABSENT CONFLICT Mayor Molly Young 0 Vice-Mayor Rick Sartory Council Member Laurie Brandon Council Member Patrick Painter 0✓ ❑ Council Member Jayson E. French 0✓ The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: Molly Young OFTF,,,,,,,, ,........ ATTEST: ,aQ. Cp.POR,� �,: SEAL D r� m t0Q�t,Qth'1jCOrsFORRTED: Lori McWilliams, MMC Village Clerk � ,�a,.