HomeMy Public PortalAbout2016-01 Calling a Special Election to fill a vacancy on the Village CouncilRESOLUTION NO. 2016-1
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA CALLING A SPECIAL ELECTION TO BE HELD
ON TUESDAY, APRIL 5, 2016, TO FILL A VACANCY ON
THE VILLAGE COUNCIL IN ACCORDANCE WITH
VILLAGE CHARTER SECTION 2.05(c)(ii); PROVIDING FOR
THE CONDUCT OF ELECTION; ESTABLISHING
QUALIFYING PERIOD TO FILE FOR COUNCIL;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, due to the death of Village Councilmember, Vice Mayor James Taintor, a
vacancy has been created on the Village Council; and
WHEREAS, Pursuant to Village Charter Section 2.05(c)(ii), it is necessary to hold a special
election no sooner than thirty (30) days and no more than ninety (90) days following the vacancy to
fill the Council position; and
WHEREAS, in coordination with the Miami -Dade County Supervisor of Elections, the
Village Council has set Tuesday, April 5, 2016 for the special election; and
WHEREAS, the Council wishes to provide for a qualifying period for any persons wishing
to fill the vacancy as required by Section 2-101(b) of the Village Code.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the above recitals are true and correct and incorporated herein
by this reference.
Section 2. Special Election Called. That a special election is hereby called for Tuesday,
April 5, 2016 for the purpose of electing a person to the Village Council to fill the vacancy created
by the death of James Taintor, and to serve the unexpired portion of the term of Councilmember
Taintor.
Section 3. Qualifying. That it shall be the duty of any person desiring to become a
candidate for election to the office of the Village Council, for the Council seat vacancy sought to be
filled by this special election, to file a written notice of candidacy with the Village Clerk during the
qualifying period (the "Qualifying Period") commencing at 8:30 a.m. on Monday, February 1, 2016,
and expiring at 4:30 p.m. on Monday, February 8, 2016, accompanied by the qualification fee
required by Section 2.04 of the Village Charter and the additional election assessment (if any)
imposed by Florida Statues. The place of qualification shall be the Office of the Village Clerk and
the hours of qualifying during the Qualifying Period shall be from 8:30 a.m. to 4:30 p.m. during each
day of the Qualifying Period, excluding Saturday and Sunday. Only electors of the Village who have
resided continuously in the Village for at least one (1) year preceding the date of such filing shall be
eligible to hold the office of Councilmember, as provided by Section 2.04 of the Village Charter.
Section 4. Election Procedure. That the special election shall be held and conducted
in the manner prescribed by law for holding elections. Places of voting in such special election shall
be the designated places of voting within the Village for general elections, unless otherwise provided
by the Village Council or the Miami -Dade County Supervisor of Elections. The polls shall be open
at such voting places on the date of such special election from 7:00 a.m. to 7:00 p.m. on said day.
All qualified electors residing within the Village shall be entitled, qualified and permitted to vote at
such special election.
Section 5. Registration Books. That the registration books of the Village, under the
supervision of the Miami -Dade County Supervisor of Elections shall be closed for a period of
twenty-nine (29) days before said election and shall remain closed subsequent to the election as
provided by law.
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Section 6. Village Clerk. That the Village Clerk, acting as the local supervisor of
elections, is hereby authorized and directed to file and cause to be published a notice of election as
provided by law, and to take all other action necessary for the designation of election inspectors and
clerks, printing and delivery of ballots and other actions. The Village Clerk is further authorized and
directed to make appropriate arrangements with the Miami -Dade County Supervisor of Elections for
the use of the necessary voting machines and for the preparation, printing and delivery of the official
ballots for use in said voting machines and any additional service necessary for the conduct of the
election.
Section 7. Notice of Election. That the notice of said election shall be published in
accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the
Village at least thirty (30) days prior to said election, the first publication to be in the fifth week prior
to the election, and the second publication to be in the third week prior to the election, and shall be
accomplished by publication in substantially the following form:
VILLAGE OF KEY BISCAYNE
NOTICE OF SPECIAL ELECTION
All interested persons are hereby advised that the Village Council of the Village of Key Biscayne,
Florida (the "Village") has called a Special Election to be held in the Village on Tuesday, April 5,
2016, for the election of a Councilmember to fill a vacancy in the Council. The polls will open from
7:00 a.m. to 7:00 p.m. on the date of the election.
A copy of the Resolution calling the Special Election is available for inspection at the Office of the
Village Clerk located at Village Hall, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida
33149 during regular business hours.
Section 8. Test of Equipment. That pursuant to Section 101.5612, Florida Statutes, a
logic and accuracy test will be conducted on the automatic tabulating equipment to be used in this
special election as determined by the Miami -Dade County Supervisor of Elections.
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Section 9. Effective Date. That this Resolution shall become effective immediately
upon adoption on second reading.
PASSED AND ADOPTED on this 12th day of January, 2016.
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MAID MAYRA PENA LINDSAY
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CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
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