HomeMy WebLinkAboutOrdinance 509 Elections
ORDINANCE NO. 509
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING ARTICLE IV, REGARDING ELECTIONS BY PROVIDING
FOR CERTAIN PROCEDURES TO FILL A VACANCY IN A CANDIDACY
CAUSED BY DEATH, WITHDRAWAL OR REMOVAL FROM THE BALLOT
OF A QUALIFIED CANDIDATE AND PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, the State Legislature has adopted F.S. 166.031 (6)
requiring each municipality to provide procedures for filling a vacancy in a
candidacy caused by death, withdrawal or removal from the ballot of a qualified
candidate following the end of the qualifying period which leaves fewer than two
candidates for an office; and
WHEREAS, neither the City Charter nor the City Code provide
for such procedures.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, FLORIDA, THAT:
SECTION L. The City of Winter Springs, Florida Code of Ordinances
is hereby amended by adding a section to be numbered 2-87(1), which secttion shall
read as follows:
Sec. 2-87(1). Vacancy in Candidacy.
(a) If the death, withdrawal or removal of a qualified
candidate following the end of the qualifying period results in only one candidate
remaining on the ballot for that office, the remaining candidate shall be declared
elected and no election for that office shall be required.
(b) If the death, withdrawal or removal from the ballot of a
qualified candidate following the end of the qualifying period results in no
candidates for an office, and if a vacancy shall result on the City Commission,
such vacancy shall be filled in accordance with Section 4.08(c) of the City
Charter of the City of Winter Springs, Florida.
(c) A candidate withdrawing or being removed from the ballot
after having qualified and paid the qualification fee shall not receive a refund
of the qualifying fee.
SECTION II. Conflicts. All ordinances or parts thereof in
conflict herewith, be and the same are hereby repealed.
SECTION III. Severability. Should any section, paragraph,
clause, sentence, item, word, or provision of this Ordinance be declared invalid
by a court of competent jurisdiction such decision shall not affect the
validity of this Ordinance as a whole or any part hereof, not so declared to
be invalid.
SECTION IV. Effective Date. This Ordinance shall take effect
upon final passage and adoption.
Passed and Adopted this 23rd day of September, 1991.
CITY OF WINTER SPRINGS, FLORIDA
PHILIP A. KULBES, MAYOR
ATTEST:
Mary T. Norton
CITY CLERK
First Reading August 26. 1991
Posted August 28. 1991
Second Reading and Public Hearing
September 23, 1991
A.D., 19 91
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My Commission Expires August 28. 1994
Bonded Thru Brown & Brown, Inc.
. The Orlando Sentinel
Publiahed Daily
A1tamcmte Springa, Seminole County, Florida
~htte of 'Iori~m} 55.
COUNTY OF ORANGE
Before the undersigned authority personally appeared
CANDACE CODY
, who on oath says that
she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper
published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad-
PUBLIC HEARING
vertisement, being 8
in the matter of
ORDINANCE NO. 509
in the
Court,
was published in said newspaper in the issues of
SEPTEMBER 8. 1991
Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte
Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin-
uously published in said Seminole County, Florida, each Week Day and has been entered as
second-clasa mail matter at the post office in Altamonte Springs, in said Seminole County,
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firm or corporation any discount, rebate, commission or refund for the purpose of securing this
..v_tf~pu-ti~:7;'.~' r
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Sworn to and subscribed before me this
10th
of SEPTEMBER
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ADVERTISING CHARGE
$41.76
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- entIIIed .. """'"NO 509
~ THE CIlY oF
eslNTER SPRINGS, FL2fl~
AMENDING ART\CL.E N. R.......-.-
ING ELECTION~~~~I~g
FOR CERTAIN rn...... ,"ulnlDAC:'f
FILL A VACAte:( J~ A DEAtH,
~~~g~AWAL OR REM2Yf.~
FROM THE BAI.I.OT OF A DiNG
~~~DIDA~=CTS.
AND EFG~r~ held aI 7:30
ThlI PublIc ndaY, septerIIl* 23, 1991,
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or as soon (;hambtr. Hall, 1128
~rr. 434,Wlni.r pring., FL
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~.Ol05 Florida ~ 1991
OIled ~~ ~~NTER'SPRINGS
FLORIDA. Norton
IsIMarY T.
Mary T. Norton,
CIIy Clerk
LS-551(6el
Sept.B,1991
FORM NO. AD-264