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)
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"OFFICIAL NOTARY SEAL'
CRISTINA INGELMO
MY CO*. EXP. 4/5/95
WO'Ifilwilled subscribed before me this
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, 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