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Home My Public Portal About2008-03 Concerning Revision of the Dates of Village Mayoral Primary Elections and Revision of the Qualifying Periods for MayoralORDINANCE NO. 2008-3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING REVISION OF THE DATE OF VILLAGE MAYORAL PRIMARY ELECTIONS AND REVISION OF THE QUALIFYING PERIODS FOR MAYORAL CANDIDATES AND FOR COUNCIL CANDIDATES COMMENCING WITH THE 2008 ELECTION CYCLE; REVISING 2008 MAYORAL PRIMARY ELECTION DATE FROM OCTOBER 7, 2008 TO AUGUST 26, 2008, SO AS TO COINCIDE WITH THE COUNTYWIDE STATE PRIMARY ELECTION; REVISING DATE OF SUBSEQUENT MAYORAL PRIMARY ELECTIONS TO COINCIDE WITH THE STATE PRIMARY ELECTION; CREATING VILLAGE CODE SECTION 2-104 "MAYORAL PRIMARY ELECTION DATE REVISED", AND AMENDING VILLAGE CODE SECTION 2-101 "QUALIFYING PERIOD" TO REVISE THE QUALIFYING PERIODS FOR MAYORAL CANDIDATES AND FOR COUNCIL CANDIDATES AS A RESULT OF THE REVISED MAYORAL PRIMARY ELECTION DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami -Dade County Supervisor of Elections Office (the "County"), by letter of October 18, 2007, has requested that the Village Council consider revising the date of the Village's Mayoral Primary Elections from October of each even -numbered year to the date of the countywide State Primary Election of each even -numbered year, in order to enable the County to comply with revised State laws mandating the very early mailing of absentee ballots to overseas voters for General Elections; and WHEREAS, the Village Council, is authorized by Village Charter Section 5.01(c) and by Section 100.3605(2), Florida Statutes, to change the dates of Village elections by ordinance, and desires to revise the date of the Village's Mayoral Primary Elections, so as to comply with the request of the County . 1 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. A. That the Village Code is hereby amended by amending Chapter 2 "Administration", at Article V. "Elections", to create Section 2-104 "Mayoral primary election date revised ", to read as follows: Section 2-104. Mayoral primary election date revised. (a) The date for the Village Mayoral primary election for 2008 is hereby revised from Tuesday, October 7, 2008, to Tuesday, August 26, 2008, upon which revised election date the Village's Mayoral primary election, if one is necessary, shall be held in conjunction with the countywide State Primary Election which is provided for by Sec. 100.061, Florida Statutes. (b) The date for the Village's Mayoral primary elections subsequent to the 2008 election cycle, in each even -numbered year thereafter, shall be held on the date of the countywide State Primary Election as provided for by Section 100.061, Florida Statutes. (c) An editorial note shall be placed in the published Village Charter immediately following the provisions of Charter Section 5.01, so as to advise of the provisions of this Section 2- 104 which govern the date of the Mayoral primary election. (d) The Village Clerk shall take any action required by the Village Charter, Village Code and applicable law concerning the Mayoral primary election, in a manner which conforms with the revised Mayoral primary election date. 2 B. That the Village Code is hereby amended by amending Chapter 2 "Administration", at Article V "Elections", by amending Section 2-101 "Qualifying period", to read as follows:' Sec. 2-101. Qualifying period. Candidates for the office of Mayor shall qualify with the Village Clerk no earlier than Noon on the _`r5th 77th day and no later than Noon on the 45th 67th day prior to the date of the Mayoral primary election for. and candidates for the office of Village Council shall qualify with the Village Clerk no earlier than Noon on the 85th day and no later than Noon on the 75th day prior to the date of the regular Council elections cycic 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 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. Proposed additions to existing Village Code text are indicated by underlining; proposed deletions from existing Village Code text are indicated by strikethrough. 3 Section 4. Inclusion in the 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 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 15th day of January , 2008. PASSED AND ADOPTED on second reading this 4th day of March , 2008. AT CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE A F:\100\103001\Ordinances\ - . ' on of Council Election Dates.doc MAYOR ROBERT L. VERNON 4 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 - SECOND READING BY THE VILLAGE COUNCIL - FEBRUARY 12, 2008 - 7PM - COUNCIL CHAMBER in the XXXX Court, was published in said newspaper in the issues of 01/31/2008 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 she has neither paid nor promised any person, firm or corporation any di t, rebate, commission or refund for the purpose of se. rin. this advertisement for publication in the said news Sworn to and subscribed before me this (SEAL) SOOKIE WILLIAMS personally known to me MARIA I MESA NOTARY PUBLIC STATE OF FLORIDE ji Commission #D0293855 Expires: MARCH 04, 2008 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, February 12, 2008 at 7:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING REVISION OF THE DATE OF VILLAGE MAYORAL, PRIMARY ELECTIONS AND REVISION OF _ THE _ QUALIFYING PERIODS FOR MAYORAL CANDIDATES AND FOR COUNCIL CANDIDATES COMMENCING WITH THE 2008 ELECTION CYCLE; REVISING 2008 _ MAYORAL PRIMARY ELECTION DATE FROM OCTOBER 7, 2008 TO AUGUST 26, 2008, SO AS TO COINCIDE WITH THE COUNTYWIDE STATE PRIMARY ELECTION; REVISING DATE OF SUBSEQUENT MAYORAL PRIMARY ELECTIONS TO COINCIDE WITH THE STATE PRIMARY ELECTION; CREATING VILLAGE CODE SECTION 2-104 "MAYORAL PRIMARY ELECTION DATE REVISED", AND AMENDING VILLAGE CODE SECTION 2-101 "QUALIFYING PERIOD" TO REVISE THE QUALIFYING PERIODS FOR MAYORAL CANDIDATES AND FOR COUNCIL CANDIDATES AS A RESULT OF THE REVISED MAYORAL PRIMARY ELECTION DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by -the public at the Office of the Village Clerk. Interested -parties may appear at the Public Hearing and be heard with ,respect • to the proposed Ordinance. Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability, should contact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to 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 may be 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. 1/31 Conchita H. Alvarez, CMC Village Clerk 08-4-31 /957747M