2015-06 Charter Amendment - Changing the Runoff Date for Special ElectionsORDINANCE 2015 -06
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 5,
"VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES,"
OF ARTICLE III, "LEGISLATIVE," OF THE VILLAGE CHARTER TO
CHANGE THE RUNOFF DATE FOR SPECIAL ELECTIONS; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article III, Section 5 of the Village Charter provides that a special election to fill a
vacancy on the Village Council shall be held not sooner than sixty (60) days nor more than
ninety (90) days following the occurrence of the vacancy and if a runoff election is necessary, it
shall be scheduled one (1) week after the special election; and
WHEREAS, the Supervisor of Elections has advised the Village that one week is not enough
time to conduct the runoff election; and
WHEREAS, Section 100.3605(2), Florida Statutes, authorizes the governing body of a
municipality, by ordinance, to change the dates for qualifying and for the election of members of
the governing body; and
WHEREAS, the Attorney General has opined that Section 100.3605(2), Florida Statutes,
authorizes a change in the election date for municipal officers set forth in a municipal charter
without the need for a referendum; and
WHEREAS, the Village Council wishes to amend the Village Charter to provide that a runoff
election, if necessary, be held two weeks after a special election; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests
of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are hereby ratified and incorporated herein.
Section 2. The Village Council hereby amends Article III, "Legislative," of the Village Charter
by amending Section 5 to read as follows (additional language is underlined and deleted
language is stricken through):
ARTICLE III. LEGISLATIVE.
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Section 5. Vacancies; forfeiture of office; filling of vacancies.
(c) Filling of vacancies. A vacancy of the council shall be filled in one
of the following ways: (1) If there are less than six (6) months remaining in the
unexpired term or if there are less than six (6) months before the next regular
village election, the council by a majority vote of the remaining members shall
choose a successor to serve until the newly elected council member is qualified.
(2) If there are more than six (6) months remaining in the unexpired term and no
regular village election is scheduled within six (6) months, the council shall fill the
vacancy on an interim basis as provided in (1), and shall schedule a special election
to be held not sooner than sixty (60) days, nor more than ninety (90) days
following the occurrence of the vacancy and if a runoff election is necessary, it
shall be scheduled one (1) two 2 weeks after the special election.
Notwithstanding any quorum requirements established herein, if at any time the
membership of the council is reduced to less than a quorum, the remaining members
may by majority vote, appoint additional members under either (1) or (2) above.
Section 3. The provisions of this Ordinance shall become and be made a part of the Village
Charter of the Village of North Palm Beach.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances or resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 26th DAY OF MARCH, 2015.
PLACED ON SECOND, FINAL READING AND(PA�StD THIS, nth PAY OF APRIL, 2015.
(Village Seal)
ATTEST:
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VILLAGE CLERk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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