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Home My WebLink AboutDocumentation_Regular_Tab 11_06/11/2015 . Submit by Email Print Form �; VI�LAGE CLERK'S OFFICE '` ' .�` AGENDA ITEM ROUTING SHEET .��_ Meeting Date: Meeting Type: Regular Ordinance #: 6-15 06-11-2015 Consent Agenda: No Resolution #: Originating Department: Clerk � � � � • • • — : — • � —�• ORDINANCE 6-15, SECOND READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION; ARTICLE V ELECTIONS. TO ADD AN ENTIRELY NEW SECTtON 2-233. TO PROVIDE A MUNICIPAL ELECTION DATE, ELECTION QUALIFYING PERIOD, AND RUN-OFF ELECTION DATE FOR YEARS WHEN THE VILLAGE HOLDS ITS MUNICIPAL ELECTIONS CONCURRENTLY WITH PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS; DIRECTING THE VILLAGE CLERK TO TRANSMIT A CERTIFIED COPY OF THIS ORDINANCE TO THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION. � . . .. Account #: Amount of this item: Budgeted amount available: Amount remaining after item: Budget transfer required: Appropriate Fund Balance: � ' • � •' • • � • • .�- Qualifying date changed per Council direction during first reading. .. -, . . Department Head � � L � � ��_ Legal (for legal sufficiency) Finance Director or Representative Reviewed for Financial Sufficiency ❑ No Financial Impact � Village Manager: Submit for Council Discussion: 0 Approve Item: 0 Deny Item: � , ' � • ' �_.��`�� \r�v^i .�i'i�� Ilio � 1;�„V✓,h . .��ii�h�n_9ii �u 9`r�!i:`� ',#a��lilK °f�� c,� :;d�lll � �t°��, �9iiw.lq'iNrip �I�1� •— • • • — • • —• . � � ��._;�a;�� ,iu;i,i�i I n�,�ic. , i��a��:�, �odi�i iiliip rn��u�� Form Amended: 10/30/14 ORDINANCE NO. 6-15 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDI- NANCES AT CHAPTER 2. ADMINISTRATION; ARTICLE V ELECTIONS. TO ADD AN ENTIRELY NEW SECTION 2-233. TO PROVIDE A MUNICIPAL ELECTION DATE, ELECTION QUALIFYING PERIOD, AND RUN-OFF ELECTION DATE FOR YEARS WHEN THE VILLAGE HOLDS ITS MUNIC- IPAL ELECTIONS CONCURRENTLY WITH PRESIDENTIAL PREFERENCE PRIMARY 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 AND SUBSECTION OF CHAPTER 2. ADMIN- ISTRATION. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVER- ABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Article II, Section 2.01 of the Village Charter sets the date for the village election as the second Tuesday in March of each year; and WHEREAS, Article II, Section 2.02 of the Village Charter and Article V, Section 2-271 of the Village Code set the dates for qualifying for village elections as noon on the last Tuesday in January until noon on the second Tuesday in February; and W HE RE A S, in 2016, the federal presidential preference primary election will fall on the third Tuesday of March; and WHEREAS, in years of sta.tewide or countywide presidential preference primary elec- tions and beginning in 2016, the Village Council desires to move the village's election date to a date concurrent with the presidential preference primary elections; and WHEREAS, holding the village's election on a date concurrent with the presidential preference primary election requires the village to adopt an ordinance that esta.blishes a munici- pal election date, election qualifying period, and run-off election date for years when the village holds its municipal elections concurrent with the presidential preference primary election, and WHEREAS, sections 100.3605, 101.75, and 166.021, Florida Statutes, permit the vil- lage to amend its code of ordinances to change the date of its village election and qua.lifying period by ordinance and without referendum, and WHEREAS, the Village Council believes these amendments to the code of ordinances are in the best interests of the citizens of the Village of Tequesta. -1- NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA: THAT Section 1: The foregoing facts and recitations contained in the preamble to this ordinance are hereby adopted and incorporated by reference as if fully set forth herein. Section 2: The Code of Ordinances of the Village of Tequesta, Florida, is hereby amended at Chapter 2. Administration; Article V. Elections, by adding a new section 2-233 to provide municipal election dates and qualifying periods for years with a presidential preference primary election; providing that Section 2-233 shall hereafter read as follows: Sec. 2-233. Villa�e election dates. aualifving periods. and runoff election dates in vears f statewide or countvwide nresidential nreference nrimarv elections. Section 101.75. Florida Statutes. dele�ates authoritv to the villa�e to move the date and �ualifvin� t�eriod of anv village election to a date concurrent with other statewide or countvwide elections. Notwithstanding the sections of the villa�e charter and code of ordinances re�ardin� the villa�e election date. election aualifvin� neriod. and date of runoff election, the village shall hold its villa�e election concurrentiv with anv statewide or countvwide bresidential nreference nrimarv elections when those occur. and adhere to the followin� villa�e election date. aualifving neriod. and date of runoff election in such instances: (a) Be�innin� in 2016. the villa�e shall hold its municinal election concurrentiv with gresidential nreference nrimarv elections. (1) For municinal elections that occur in 2016. the municinal aualifving neriod shall be�in at noon, November 23. 20 5 and end at noon. December 7. 2015. (2) The 2016 municinal election sha11 occur on March 15. 2016 and no candidate mav take office until the election has concluded. (3) If candidates for anv office in 2016 re_ceive the highes_t_and eaual numbers of votes cast. the names of the tied candidates sha11 be nlaced on a ballot and voted on at a runoff election on March 29, 2016. (b) When a nresidential nreference nrimarv election occurs in future vears. the villa�e shall set a concurrent election date, aualifving neriod. and date of run-off election bv senarate ordinance. -2- Secs. 2-234 �-�33— 2-250. Reserved. Section 3: The village clerk is hereby directed to transmit a certified copy of this ordinance to the Pa1m Beach County Supervisor of Elections. Section 4: Each and every other section and subsection of Chapter 2. Administration, shall remain in full force and effect as previously adopted. Section 5: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 6: 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 sha11 not affect the validity of the remainder of this ordinance. Section 7: Specific authority is granted to codify and incorporate this ordinance into the existing Code of Ordinances of the Village of Tequesta, Florida. Section 8: This ordinance shall take effect immediately upon adoption. -3-