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HomeMy WebLinkAboutOrdinance_327_12/13/1983• • ORDINANCE N0. 327 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE CHARTER AND THE CODE OF ORDINANCES OF THE VILLAGE SO AS TO PROVIDE FOR THE ADOPTION OF THE PROVISIONS OF HOUSE BILL 742 OF THE STATE OF FLORIDA; PROVIDING FOR UNIFORM FILING AND ELECTION DATES FOR ALL MUNICIPAL ELECTIONS TO ELECT MUNICIPAL OFFICERS IN PALM BEACH COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has adopted House Bill 742 which provides for uniform filing and election dates for all municipal elections to elect munici- pal officers in Palm Beach County, Florida; and WHEREAS, the Charter and the Code of Ordinances of the Village of Tequesta conflict with the dates set forth in said bill; and WHEREAS, the Village Council of the Village of Tequesta wishes to provide that its filing and election dates for municipal elections be consistent with the dates set forth in House Bill 742. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, as follows: Section 1. Article II, Section 2.01 of the Charter of the Village of Tequesta is hereby amended to read as follows: "Section 2.01. Selection, Term and Compensation. The Village Council of the Village of Tequesta shall consist of five (5) members who shall be elected at large to Seats 1, 2, 3, 4, and 5. The Councilmen in Seat 1, 3 and 5 shall be elected in the even years, and the Councilmen in Seats 2 and 4 shall be elected in the odd years. The election shall be held on the second Tuesday in March of each year. Only qualified electors, as prescribed herein, shall be entitled to vote at such elections. The term of office of each councilmen shall commence on the next council meeting subsequent to the date of his election and shall continue for two (2) years thereafter and until his successor is elected and qualified. Each Village Councilman shall be entitled to an annual salary to be fixed by ordinance; provided, however, he shall not be entitled • • to any increase in salary adopted during the term for which he was elected. The candidate for each seat receiving the highest number of votes cast for such office shall be deemed elected to such office regardless of whether or not such candidate shall have received a majority of votes cast. In the event of a tie vote between the candidates receiving the highest number of votes cast for any office, the names of all tied candidates shall be placed on the ballot and shall be voted upon at an ensuing runoff election to be held on the fourth (4th) Tuesday in March. Such election shall be held in the same manner and by the same officers holding the previous election. No notice need be given of such election. In the event of a tie vote, requiring a run-off election, newly elected councilmembers shall take office no later than the last day of March of the same calendar year." Section 2. Article II, Section 2.02 is hereby amended to read as follows: "Section 2.02. Qualifications and Disquali- fications. No person shall be eligible to any elective office of the Village unless he shall be a registered voter and resident of the Village. Any Village Councilman who ceases to possess these qualifications shall forthwith forfeit his office. Unless otherwise provided by this Charter, no Village Councilman shall hold any other public office in the Village except that of Notary Public, membership in the National Guard, in the organized reserve of the armed forces of the United States, in any other defense agency recognized by the Village, or in a status of retirement from any of the f oregoing . Any candidate seeking election as Councilman shall file with the Village Clerk a written notice to such effect from and including Noon on the last Tuesday in January to and including Noon on the second Tuesday in February in the year of the election, and shall pay such filing fee as set by ordinance. 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 he seeks to be elected, his place of residence, his age and any other data required by law. Section 3. Chapter 2 of the Village Code of Ordinance is hereby amended at Article II, Section 2.16 to read as follows: • • "Section 2.16. Eligibility for office. (a) In order for any individual to be eligible to the council, he must have the qualifications prescribed by Section 2.02 of the Charter of the Village as amended. (b) Any candidate seeking election as councilman shall file with the village clerk a written notice to such effect from and including Noon on the last Tuesday in January to and including Noon on the second Tuesday in February in the year of the election. (c) Any qualified candidate seeking election as a member of the council shall pay a filing fee of Thirty Dollars ($30.00) which shall be paid at time of notice of candidacy." Section 4. If any provision, section, paragraph, sentence or phrase in this Ordinance shall for any reason be found to be invalid or inoperative, or shall be held by any court Ito be unconsitutional, the remainder of the provisions of this .Ordinance shall nevertheless, continue in full force and effect. Section 5. hereby granted. Section 6. Permission to codify this Ordinance is This Ordinance shall take effect immediately upon its adoption. The foregoing Ordinance was offered by Councilmember Thomas J.Little who moved its adoption. The motion was seconded by Councilmember Thomas J. Beddow and upon being put to a vote, the vote was as follows: FOR ADOPTION Thomas J. Beddow Lee M. Brown Thomas J. Little Carlton D. Stoddard William E. Wa~ar AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this 13th day of ATTEST: December A . D . , 19 8 3 . MAY R OF TEQUESTA Vill e Clerk