HomeMy Public PortalAbout1997-16 Calling a Special Election to fill the vacancy of a council memberORDINANCE NO. 97-16
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA CALLING A SPECIAL ELECTION TO BE HELD ON
TUESDAY, SEPTEMBER 9, 1997, TO FILL THE UNEXPIRED
TERM OF VILLAGE COUNCILMEMBER CREATED BY THE
RESIGNATION OF COUNCILMEMBER CHRISTINA DEARING
REED, IN ACCORDANCE WITH VILLAGE CHARTER
SECTION 2.05(c)(ii); PROVIDING FOR CONDUCT OF
ELECTION; ESTABLISHING QUALIFYING PERIOD TO FILE
FOR COUNCIL VACANCY; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, Village Councilmember Christina Dearing Reed has resigned from the Village
Council effective as of July 9, 1997; and
WHEREAS, pursuant to Village Charter Section 2.05(c)(ii), it is necessary to hold a special
election no sooner than thirty days nor more than ninety days following the occurrence of the
Councilmember vacancy; and
WHEREAS, it is necessary to expeditiously fill the vacancy so as to assure that a full Council
will be in place for the September, 1997, budget hearings; and
WHEREAS, it is necessary to establish a qualifying period for filing to run for the vacancy
on the Village Council.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Special Election Called. A special election is hereby called for Tuesday,
September 9, 1997, for the purpose of electing a person to the Village Council to fill the vacancy
created by the resignation of Councilmember Christina Dearing Reed, to serve for the unexpired
portion of the term of Councilmember Reed.
Section 2. Election, Run -Off. If any candidate for the Council seat receives a number of
votes greater than fifty percent (50%) of the total number of ballots cast such candidate shall be duly
elected to the Council. If no candidate for the Council receives a number of votes greater than 50%
of the total number of ballots cast a run-off election shall be held one week later on Tuesday,
September 9, 1997.
Section 3. Qualifying. It shall be the duty of any person desiring to become a candidate for
election to the office of 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 Thursday, July 17, 1997, and expiring
at 4:30 p.m. on Wednesday, July 23, 1997, accompanied by the qualification fee required by Section
2.04 of the Village Charter and the additional election assessment imposed by Florida Statutes. 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 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. 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. The polls shall be open at such voting places on the date of such special
election and any run-off election from 7:00 a.m. to 7:00 p.m. on said day. All qualified electors
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residing within the Village shall be entitled, qualified and permitted to vote at such special election.
Section 5. Registration Books. The registration books of the Village, under the supervision
of the Metropolitan 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.
Section 6. Village Clerk. 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 Metropolitan 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 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 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 (the "Village") has called a Special Election to be held in the Village
on Tuesday, September 9, 1997, for the election of a Councilmember to fill the
unexpired term of Office of Councilmember Christina Dearing Reed, as a result of
her resignation. The polls will be open from 7:00 a.m. to 7:00 p.m. on the date of the
election.
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CONCHITA H. ALVAREZ, VILLAGE CLERK
The qualifying period for candidates to file to run for the Council vacancy
commences on July 17, 1997 and expires on July 23, 1997, in accordance with
Ordinance No. 97-15 of the Village.
Qualifying papers and a copy of the Ordinance calling the Special Election are
available for inspection at the Office of the Village Clerk located at 85 West
McIntyre Street, Key Biscayne, Florida 33149 during regular business hours.
Section 8. Test of Equipment. 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 Metropolitan Dade County Supervisor of Elections.
Section 9. Effective Date. This Ordinance shall become effective immediately upon
adoption on second reading and shall serve to continue the effect of Ordinance No. 97-15.
PASSED AND ADOPTED, on first reading, on this 1 lth day of July, 1997.
PASSED AND ADOPTED, on second reading on this 26th day of August, 1997.
YOR, JOHN F. FESTA
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD'J WEI :. , VIL GE ATTORNEY
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