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HomeMy WebLinkAboutOrdinance_08-12_08/09/2012 ORDINANCE NO. 8-12 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. AT ARTICLE V. ELECTIONS. DIVISION 1. GENERALLY. BY CREATING AN ENTIRELY NEW SEC. 2 -232. CANVASS AND CERTIFICATION OF ELECTIONS. TO PROVIDE FOR THE COMPOSITION OF THE VILLAGE'S ELECTIONS CANVASSING BOARD; TO INCLUDE THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS, OR DESIGNEE, THE VILLAGE CLERK, OR DESIGNEE, AND ONE COUNCIL MEMBER, TO CANVASS ALL VILLAGE MUNICIPAL ELECTIONS; 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, the Palm Beach County Supervisor of Elections requires that she be appointed as a member of a municipality's canvassing board in the municipality's elections code in order for her to participate as a member of said canvassing board; and WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village Code of Ordinances at Chapter 2. Administration. at Article V. Elections. Division 1. Generally. by creating an entirely new Section 2 -232 entitled "Canvass and certification of elections" in order to appoint the Palm Beach County Supervisor of Elections, or designee, as a member of the Village's Canvassing Board; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its elections code in conformance with the Florida Election Code and certain pronouncements made by the Palm Beach County Supervisor of Elections. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1 : Chapter 2. Administration. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article V. Elections. Division 1. Generally. by creating an entirely new Sec. 2 -232 entitled "Canvass and certification of elections" to provide that the Village of Tequesta shall utilize the Palm Beach County Supervisor of Elections, or designee, 1 along with the Village Clerk, or designee, to canvass all Village municipal elections; providing that Sec. 2 -232 shall hereafter read as follows; Sec. 2 -232. Canvass and ce 'fie tion of elect* n . The Village Clerk of the Village of Teauest& or designee, along with the Palm Beach ounty Supervisor of Elections, or designee shall canvass and certify any municipal election in e Village of Teauesta_ pursuant to the =Wrements set forth in Sec. 100.3605, Florida Statutes and in conformance with any approved and effective agreement between the Village of eauesta and the Palm Beach County Supervisor of Elections. Additionally. the Village Cquncil by resolution shall provide that one Councilmember. which may include the Maw whose position is either not scheduled to be voted upon or who is unopposed at the election being gassed, shall also be made a member of the Village canvassing b Secs. 2-M 233 — 2 -250. Reserved. Section 2: The Village Clerk is hereby directed to transmit a certified copy of this ordinance to the Palm Beach County Supervisor of Elections located at 240 South Military Trail, West Palm Beach, Florida 33415 with mailing address of P.O. Box 22309, West Palm Beach, Florida 33416 -2309. Section 3: Each and every other Section and Subsection of Chapter 2. Administration. 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 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 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance shall take effect immediately upon passage. 2 Upon Second Reading this 9 day of August 2012, the foregoing Ordinance was offered by Council Member Okun who moved its adoption. The motion was seconded by Council Member D'Ambra and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Tom Paterno X Vice -Mayor Vince Arena absent Council Member Abby Brennan X Council Member Frank D'Ambra X Council Member Steve Okun X The Mayor thereupon declared the Ordinance duly passed and adopted this 9 day of August 2012. MAYOR OF TEQUESTA Tom Paterno ATTEST: Lori McWilliams, MM Village Clerk ;r s, (� rE,, ° 3