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HomeMy Public PortalAbout1992-07 Emergency ordinance calling a Special Election to fill a vacancy on the Board of TrusteesORDINANCE NO. E92 -07 - EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; CALLING A SPECIAL ELECTION FOR MARCH 10, 1992 TO FILL A VACANCY ON THE BOARD OF TRUSTEES; PROVIDING REQUIREMENTS FOR QUALIFYING; PROVIDING FOR NOTICE OF THE SPECIAL ELECTION; PROVIDING FOR THE CANVASSING OF THE ELECTION RETURNS AND CERTIFICATES OF ELECTION; PROVIDING FOR THE ADOPTION OF THE STATE ELECTION CODE; PROVIDING A PROCEDURE IN THE EVENT OF VACANCY IN CANDIDACY; DECLARING AN EMERGENCY TO EXIST; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, by virtue of a resignation, a vacancy will be created in the Board of Trustees of the Village of Key Biscayne, Florida effective on or before February 4, 1992; and WHEREAS, the Village Charter requires that a special election be held to fill the vacancy; and WHEREAS, it is necessary that the Village establish procedures for the filling of such vacancy; and WHEREAS, in order to hold the special election on March 10, 1992 and to comply with the Village Charter, the Board of Trustees must act on an emergency basis. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: SECTION 1. Special Election. A special election to fill the vacancy on the Board of Trustees shall be held on March 10, 1992 in conjunction with the Presidential Preference Primary. SECTION 2. Oualifving. Persons wishing to become candidates for the office must file a notice with the Village Clerk on or before noon, February 4, 1992 on the form provided below. NOTICE OF CANDIDACY I, hereby file this notice of my candidacy for the Board of Trustees of the Village of Key Biscayne at the special election to be held on March 10, 1992. I have continuously resided in the Village of Key Biscayne for more than one (1) year. Signature Print Name Social Security Number Address Telephone Number STATE OF FLORIDA ) )SS COUNTY OF DADE ) BEFORE ME, the undersigned authority, personally appeared , to me known to be the person herein who executed the foregoing Notice of Candidacy this day of , 1992. NOTARY PUBLIC Print Name My Commission Expires: SECTION 3. Notice of Election. The Village Clerk shall prepare, post and publish notice of the election in accordance with Section 100.342, Fla. Stat. (1991). SECTION 4. Canvassing of Election Returns; Certificates of Election. The special election shall be canvassed by the Village Clerk with the assistance of the Dade County Supervisor of Elections. The Village Clerk shall present a certification of election to the Board of Trustees at the first meeting of the Board of Trustees following the special election. SECTION 5. Florida Election Code. The State Election Code, Chapters 97-106, Florida Statutes is hereby adopted by reference. All municipal elections shall be conducted, except as otherwise specifically provided for in the Village Charter or ordinance of the Village, under the rules of elections prescribed by the general election laws of the State. SECTION 6. Vacancy in Candidacy. In the event a candidate dies, withdraws or is removed from the ballot following the end of the qualifying period leaving fewer than two (2) candidates on the ballot for the seat, and twenty (20) days or more remain prior to election day, registration books shall be reopened for a period of five (5) days for qualification of candidates for the seat. If fewer than twenty (20) days remain prior to election day and one candidate remains on the ballot for a open seat, the candidate shall run unopposed. If due to death, withdrawal, or removal, no candidate remains on the ballot for the open seat, this vacancy will be filled by another special election. SECTION 7. Declaration of Emergency. In order to timely comply with the requirements of the Village Charter and state law necessary to hold the special election on March 10, 1992, the Village must act immediately. Therefore, the matter of adoption of this ordinance is declared an emergency. SECTION 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. SECTION 9. Effective Date. This Ordinance shall be effective upon adoption. PASSED AND ADOPTED on 28th day of January, 1992. ATTEST: RAFAEL;IH. CONTE, MAYOR BeatriS M. Arales Interim City Cl)k APPROVED AS TO FORM AND LEGAL SUFFICIENCY 4._ £ ( ei ‘ 4. Richard Jay g tk. t o Village Attorney MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Super- visor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE FLORIDA Notice is given that the following Emergency Ordinance was considered and passed by the Key Biscayne Board of Trustees at a meeting of January 28, 1992 #E92-07 in the X X X Court, was published in said newspaper in the issues of February 5, 1992 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached cop of advertisement; and affiant further says that she has n - - : id nor promised any person, firm or corporation an rebate, commission or ref d for the purpose is advertisement for pub ate' in the s : id ne 5th day of (SEAL) • s "OFFICIAL NOTARY SEAL' CRISTINA INGELMO MY CO*. EXP. 4/5/95 WO'Ifilwilled subscribed before me this #�e w • a OF ,,�v , A.D. 19 92 VILLAGE OF KEY IIIIICAYNE FLORIDA PU$LIC NOTICE Notice is hereby given that the following Emergency Ordinance was considered and passed by the Key Biscayne Board of Trus- tees at a meeting which was held on Tuesday, January 28, 1992, commencing at 7:00 p.m. at the Key Biscayne Elementary Schopl, 151 West McIntyre Street, Key Biscayne, Florida. ORDINANCE NO. E92-07 AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; CALLING A SPECIAL ELECTION FOR MARCH 10, 1992 TO FILL A VACANCY ON THE BOARD OF TRUSTEES; PROVIDING FOR REQUIREMENTS FOR QUALIFYING; PROVIDING FOR NOTICE OF THE SPECIAL ELECTION; PROVIDING FOR THE CANVASSING OF THE ELECTION RETURNS AND CERTIFICATES OF ELECTION; PROVIDING FOR THE ADOPTION OF THE STATE ELEC- TION CODE; PROVIDING A PROCEDURE IN THE EVENT OF VACANCY IN CANDIDACY; DECLARING AN -EMER- GENCY TO EXIST; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE Copies of the ordinance may be seen at the Key Biscayne Vil- lage Clerk's Office at 91 W. McIntyre St., Ste 201, Key Biscayne. 2/5 92-4-020547M