The URL can be used to link to this page

Home My Public Portal About2006-03 Amending Qualifying Period of Article V ElectionORDINANCE NO. 2006-3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 2-101 "QUALIFYING PERIOD" OF ARTICLE V "ELECTIONS" OF CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE TO AMEND AND CLARIFY EXISTING CODE PROVISIONS CONCERNING THE QUALIFYING PERIOD FOR CANDIDATES FOR THE OFFICE OF MAYOR OR VILLAGE COUNCIL SO AS TO CONFORM TO THE RECENT AMENDMENT OF SECTION 5.01 OF THE VILLAGE CHARTER, AND TO PROVIDE A MECHANISM FOR ESTABLISHING QUALIFYING PERIODS FOR ANY SPECIAL MAYORAL OR COUNCIL ELECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to vote of the electors on April 11, 2006, the Village Charter was recently amended to eliminate the necessity for primary elections for the office of Councilmember, while retaining primary elections for the office of Mayor; and WHEREAS, it is necessary to amend Village Code Section 2-101 "Qualifying Period", so as to conform with the recent Charter amendment, and to address the matter of the qualifying period for any special election which is required for any vacancy which may occur in the future for the office of Mayor or Village Council during an unexpired term of office, as provided herein. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed. Section 2. Village Code Amended. That the Village Code of the Village of Key Biscayne, Florida, is hereby amended by amending Section 2-101 "Qualifying Period" of Article V "Elections" of Chapter 2 "Administration", to read as follows:' Sec. 2-101. Qualifying Period. Candidates for the office of Mayor or Village Council shall qualify with the Village Clerk no earlier than Noon on the 55th day and no later than Noon on the 45th day prior to the date of the Mayoral primary election for the regular elections cycle of the Village in the method provided for in the Village Charter or Code, and under the rules of elections prescribed in the Florida Statutes. In those situations in which a special election is called for the purpose of filling a vacancy which occurs on the Council or in the office of Mayor during an unexpired term of office, the Council shall by resolution establish the qualifying period during which candidates for the vacant office may qualify with the Village Clerk in the method provided for in the Village Charter or Code, and under the rules of elections prescribed in the Florida Statutes. Section 3. Severability. That 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 4. Inclusion in Code. That it is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the Village of Key Biscayne; that 1/ Proposed additions to existing Village Code text are indicated by underline; proposed deletions from existing Village Code text are indicated by strikethrough. 2 the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 9th day of May , 2006. PASSED AND ADOPTED on second reading this 13th day of_ June , 2006. cceza(A t_„ MAYOR ROBERT OLDAKOWSKI .CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO ORM ANp-LEGAL SUFFICIEN Ci...1„....s h-Yk VILLAGE ATTORNEY F:/103.001/Ordinances/Ordinance Amending Qualifying Period 4.20.06 3 Sworn to and subscribed before me this MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - MEETING - JUNE 13, 2006 ORDINANCE AMENDING SECTION 2-101, ETC. in the XXXX Court, was published in said newspaper in the issues of 06/01/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -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 Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or s as either paid nor promised any person, firm or corporation nt, rebate, commission or refund for the purpose g this advertisement for publication in the said per. 01 day of JUNE (SEAL) • , A.D. 2006 SOOKIE WILLIAMS personally known to me Cheryl H Marmer My Commission OD338559 Expires July 18, 2008 VILLAGE OF KEY BIS AY'NE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance • ill be considered on Second Readingby the Village Council of the Village bf;Key Biscayne at a meeting to be 4,eld on`Tuesday, Jtitiil 13, 20 tat TJ00- .m:,°'ih the Council Chamberf located at 560 Crandon Boulevard, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF- KEY BISCAYNE; FLORIDA, AMENDING SECTION ° �2-101" "-QUALIFYING PERIOD" OF--AR$ICLE, V "ELECTIONS" `OF ;CHAPTER 2 ADMINISTRATION F THE -VILLAGE CODE -TO AMEND AND CLARIFY -EXISTING CODE PROVISIONS CONCERNING THE QUALIFYING:PERIOD FOR CANDIDATES FOR THE - OFFICE OF MAYOR OR VILLAGE COUNCIL 804S TO CONFORM TO THE RECENT- AMENDMENT OF SECTION 5.01 OF THE-- VILLAGE- CHARTER, AND TO PROVIDE' A MECHANISM FOR `=ESTABLISHING QUALIFYING PERIODS FOR ANY SPECIAL MAYOR/kVoR.COUNCIL'ELECTIONS, PROVIDING FOR d S : PROVIDING FOR INCLUSION IN COQ' PROVIDING FOR AN EFFECTIVE The proposed Ordinance rna`be`inspeeted by- thewpublic at the Office of the Village Clerk. Interested`partlee appeal at the Publio•-Healing and be heard with respect to the-propoeed Ordinance. Anylperson wish- ing to address the Village Council on any item at this Public Hearing is asked to register with the Village -Clerk pricirto thatltem being heard. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accx mtytodatidns to participate in this proceeding because of that dteability etibt l`d t intact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220; -Key Biscayne, Florida 33149, telephone number (305) 3655506; not later than two business days priortoeuch proceeding. Should any person desire to appeal any decision of the`.Village Council with respect too any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal maybe -based (F.S. 286.0105). Comments of any interested party relative to this .matter may be submitted in writing and or presented in person at the public hearing. Conchita N- Alvarea,CMC Village Clerk 6/1 06-4-41/685182M