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HomeMy WebLinkAboutOrdinance_05-17_06/08/2017 ORDINANCE NO. 5-17 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, SECTIONS 2-233 AND 2-271 TO ADJUST THE DATES FOR QUALIFYING FOR MUNICIPAL ELECTED OFFICE,AT THE REQUEST OF THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS; FURTHER AMENDING THIS SECTION TO DELETE OBSOLETE TEXT; PROVIDING A CONFLICTS CLAUSE,A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Chapter 2,Article V, Section 2-271 of the Village Code of Ordinances 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, except for years when there is a presidential preference primary election in which case special qualifying dates are selected; 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 municipal election; and WHEREAS,moving the dates of the Village's qualifying period requires an amendment to Chapter 2,Article V, Sections 2-333 and 2-271 of the Village Code of Ordinances; and WHEREAS, the Village Council believes these amendments to its Code of Ordinances are in the best interests of the citizens of the Village of Tequesta. NOW, THEREFORE,BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,FLORIDA, THAT: 1 Section 1: The Code of Ordinances of the Village of Tequesta is hereby amended at Chapter 2. Administration, Article V. Elections, Section 2-333 to adjust the qualifying dates for elections;providing that Section 2-233 shall hereafter read as follows: Sec. 2-233. —Village election dates, qualifying periods, and runoff election dates in years of statewide or countywide presidential preference primary elections. F.S. § 101.75, delegates authority to the village to move the date and qualifying period of any village election to a date concurrent with other statewide or countywide elections.Notwithstanding the sections of the village charter and code of ordinances regarding the village election date, election qualifying period, and date of runoff election, the village shall hold its village election concurrently with any statewide or countywide presidential preference primary elections when those occur, and adhere to the following village election date, qualifying period, and date of runoff election in such instances: (a) Beginning in 2016,the village shall hold its municipal election concurrently with presidential preference primary elections. (1) For municipal elections that occur�after 2016,the municipal qualifying period shall begin at noon�:o�e�e�3�,�on the first Tuesdav in December and end at noon, '-`����'��r'', �8�3on the third Tuesdav in December in the vear immediatelv nrecedin�the election. , ,,,-;� �,�.o o�o,.�;,,,, �,,,� ,. ,.�„ava � r,r,,,.,.i. �� �ni ti � • (b) When a presidential preference primary election occurs in future years,the village shall set a concurrent election date, qualifying period, and date of run-off election by separate ordinance. Section 2: The Code of Ordinances of the Village of Tequesta is hereby amended at Chapter 2. Administration,Article V. Elections, Section 2-271 to adjust the qualifying periods for elections; providing that Section 2-271 shall hereafter read as follows: Sec. 2-271. - Qualifying period. Any candidate seeking election as councilmember shall file with the village clerk a written notice to such effect from and including noon on the '��* T„���'��,;r r��„�r��first Tuesdav in December 2 to and including noon on the third Tuesdav in December in the year immediatelv nrecedin�e�the election. Section 3: Each and every other section, subsection and provision of Chapter 2. Administration. of the Code of Ordinances 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 herewith 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 and incorporate this ordinance into the existing Code of Ordinances of the Village of Tequesta. Section 7: This ordinance shall take effect immediately upon adoption. 3 ORDINANCE OS-17 Upon Second Reading MOTION SECOND Council Member Frank D'Ambra Council Member Steve Okun VOTE FOR AGAINST ABSENT ADOPTION ADOPTION Mayot•Abby Brennan � ❑ ❑ Vice-Mayor Vince Arena � ❑ ❑ Council Member Steve Okun � ❑ ❑ Council Member Tom Paterno � ❑ ❑ Council Member Frank D'Ambra � ❑ ❑ The Mayor thereupon declared the Ot•dinance duly passed and adopted this 8-Jun-2017 MAYOR OF TEQUESTA �� ' , � j � t ATTEST: � � ` �,.,,,,,�,��0�F��„r,,,,,,,,,��, �(�.t,mCl.C�(�l-4.t_ Ca . ..... . F ,,, ,, ,,.�-�APo,q,q4G=� Lori McWilliams, MMC ``,• ��N, Village Clerk -�: � °:�= - ��OL :n= : `•.INCORpp�ATED; � u ,'N�'9.��4 19�:e'.`\� ',�°"�„�,F���F������°O�,.