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2002-33 Charter Amendment - Vacancies When No CandidatesORDINANCE 33-2002 • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO TfIE VII.I,AGE CHARTER ADDING A SUBSECTION (e), VACANCIES WHEN NO CANDIDATES, TO SECTION 5, VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES, OF AK77C1.E I11, LEGISLATIVE, PROVIDING THE PROCEDURE FOR FILLING COUNCIL. VACANCIES WHEN THERE ARE NO CANDIDATES; PROVIDING THAT THIS ORDINANCE, UPON ADOPTION, SHALL BE SUBMITTED TO THE ELECTORS OP THE VILLAGE OF NORTH PALM BEACH AT THE MARCH, 2003, ELECTION HELD WITHIN THE VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OP ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFEC7'IVf; DATE; OF THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE VILLAGE CHARTER; ANll PROVIDING FOR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT. WHEREAS, Chapter 166, Florida Statutes, as amended, provides for charter amendments for municipalities and authorizes the governing body of a municipality, by ordinance, to submit to the electors of said municipality proposed amendments to its Charier; and WHEREAS, the Village Council is desirous of submitting the proposed amendment contained within this ordinance to a vote of the electors at the March, 2003, election to be held within the Village. Bli IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. That Section 5. Vacancies; forfeiture of office; filling of vacancies, of Article ]II, Legislative, of the Village Charier is amended by adding a Subsection (e) and to read as follows: "ARTICLE III. LEGISLATIVE Section S. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a council member shall become vacant upon his • death, resignation, removal from office in any manner authorized by law or forfeiture of his office, such forfeiture to be declared by the remaining members of the council. (b) Forfeiture of office. A council member shall forfeit his office if he lacks at • any time during his teen of office any qualification for the office prescribed by this charter or by law. (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 (ti) 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 (G) 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) week after the special election. Notwithstanding any quorum requirements established herein, if al 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. (d) Extraordinary vacancies. In the event that all members of the council are removed by death, disability, law or forfeiture of office, the governor shall appoint an interim council that shall call a special election as provided in (c) above and such election shall be held in the same manner as the first (]s`) election under this charter. (e) Vacancies when no candidates. There may be an occasion when there are no candidates for a normal council vacancy at the time of a regularly scheduled or special election. In the event this occurs, a majority of the council shall fill the vacancy as noted in (c)(1) above and shall schedule any necessary election as noted in (c)(2) above." Section 2. This ordinance, upon adoption, shall be submitted to the electors of the Village of North Palm Beach at the March, 2003, election. The ballot title and explanatory statement of the amendment shall be set forth as follows on the ballot for consideration by the qualified electors of the Village of North Palm Beach, Florida: "TITLE" Provide procedure for filling Council vacancies when no candidates. "EXPLANATORY STATEMENT" Ordinance No. 33-2002 proposes to add a section to the Charter to provide a procedure for • filling Council vacancies when there are no candidates for office. Shall the above-described amendment be adopted? • YES (FOR APPROVAL) NO (AGAINST APPROVAL) Section 3. The Village Clerk of the Village of North Palm Beach is authorized and directed to advertise the referendum election in accordance with the State of Florida Election Code. Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 6. This Ordinance shall take effect immediately upon adoption. Section 7. In the event of adoption by the electors as provided herein, the Village Clerk shall incorporate the amendment into the Village Charter and shall file the revised Charter with the Florida Department of State. Section 8. The proposed Charter amendments shall take effect upon adoption by a majority of electors voting in the referendum election. PLACEU ON FIRST READING TH[S 21st DAY OF NOVEMBER, 2002. ~~ • A 3 PLACED ON SECOND, FINAL READING AND PASSED TH[S 12th DAY OF DECEMBER, 2002.