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HomeMy WebLinkAboutOrdinance_04-17_06/08/2017 ORDINANCE NO.4-17 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA,AMENDING TAE VILLAGE CHARTER AT AR- TICLE II., SECTION 2.02 TO ADJUST TAE DATES FOR QUALIFYING FOR MUNICIPAL ELECTED OFFICE, AT THE REQUEST OF THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS; DIRECTING THE VILLAGE CLERK TO TRANSMIT A CERTIFIED COPY OF THIS ORDINANCE TO THE PALM BEACH COUNTY SUPERVISOR OF ELEC- TIONS.PROVIDING THAT EACH AND EVERY OTHER SECTION,5UB- SECTION AND PROVISION OF THE CHARTER OF THE VILLAGE OF TEQUESTA SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVI- OUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERA- BILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EF- FECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS,Article II, Section 2.02 of the Village Charter sets the dates for qualifying for village municipal elections from and including noon on the last Tuesday in January to and including noon on the second Tuesday in February; and WHEREAS, the Village of Tequesta has, as have other municipalities in Palm Beach County, been requested by the Palm Beach County Supervisor of Elections (SOE) to move its municipal election qualifying period to an earlier period that provides sufficient time for the SOE to send absentee ballots to overseas citizens; and WHEREAS,the Village Council has reviewed its qualifying period,the SOE request and additional information from the Village Clerk, and based on same, desires to adjust the qualifying period dates for the Village's mwnicipal election; and WHEREAS,moving the dates of the Village's qualifying period requires an amendment to Article II, Section 2.02 of the Village Charter; and WHEREAS, Sections 100.3605, 101.75 and 166.021, Florida Statutes, permit the Vil- lage to amend its Charter to change the date of its municipal election qualifying period by ordi- nance and without referendum; and WHEREAS, the Village Council of the Village of Tequesta believes that adopting this ordinance in order to amend the Charter in this manner is in the best interests of the citizens of Tequesta. - 1 - NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,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 Charter of the Village of Tequesta is hereby amended at Article II. The Village Council, Section 2.02. Qualifications and Disqualifications. to adjust the dates for the qualifying period for the Village's elections; providing that Section 2.02 shall hereafter read as follows: ARTICLE II. - THE VILLAGE COUNCIL Section 2.02.-Qualifications and Disqualifications. No person shall be eligible to hold any elective office of the Village unless said person shall be a registered voter and resident of the Village. Any Village Councilmember who ceases to possess these qualifications shall forthwith forfeit his or her office. Any candidate seeking election as Councilmember shall file with the Village Clerk a written notice to such effect from and including noon on the�as�first Tuesday in 3e�December to and includ- ing noon on the seee��iis�Tuesday in���in the year immediatelv nrecedin�e€ the election,and shall pay such filing fee as set by ordinance. e_ in order to aualifv for the 2018 viLla�e coLcil election_ can_didates mLst aLalifv between noon on �he first TLesdav of December.2017 and noon on the third Tuesdav of December. 2017). 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 said candidate seeks to be elected, the candidate's place of residence, the candidate's age and any other data required by law. Section 3: Each and every other section,subsection and provision of the Charter of the Village of Tequesta 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. -2 - Section 5: 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 shall not affect the validity of the remainder of this ordinance. Section 6: Specific authority is granted to codify and incorporate this ordinance into the existing Charter of the V llage of Tequesta,Florida. Section 7: The Village Clerk is hereby directed to transmit a certified copy of this ordinance to the Palm Beach County Supervisor of Elections. Section 8: This ordinance shall take effect immediately upon adoption. -3 - ORDINANCE 44-17 Upon Second Reading MOTION SECOND Council Member Steve Okun Council Member Frank D'Ambra VOTE FOR AGAINST ABSENT i ADOPTION ADOPTION Mayor Abby Brennan � � � Vice-Mayor Vince Arena � ❑ ❑ Council Member Steve Okun � ❑ ❑ Council Member Tom Paterno � ❑ ❑ Council Member Ft•ank D'Ambra � ❑ ❑ The Mayor thereupon declared the Ordinance duly passed and adopted this 8-Jun-2017 MAYOR OF TEQUESTA � ,, �- ATTEST: ,`,..,.,,,,,,,,,��0�F���,,,, , ,,. �,,E.... . T�F'°��,,,,,,, �P:� ��Po�"�����p �-. Ol.c.- �"Yl G�I.��GCP C(.�.. ;��G� R��G�; Lori McWilliams, MMC '�:' �� ��N' Village Clerk = :�N �L 'Dz C�RPpRATEp;: = �'N� ;• r� ',,,,���, 19�`OQ,\\,,.,, ��"""���F���������������