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 Bal Harbour
 Code of Ordinances
 CHARTER

  § 14. Village council; qualifications; election.  

Latest version.

  • (a)

    The village shall be governed by a council of five (5) qualified persons, each of whom shall be a registered voter residing within the limits of said village, and who shall be chosen as herein provided. To be qualified as a candidate for election to the Council the candidate must have resided within the Village for a period of at least one (1) year immediately prior to and at the time of filing his or her election qualification papers with the Village Clerk.

    (b)

    Elections for the selection of councilmembers shall generally be held on the first Tuesday in April of each odd-numbered year. However, in the event that the first Tuesday in April falls on a religious holiday or in the event that the occurrence of a natural disaster or the immediate probability or imminence of a natural disaster makes the election on that date impracticable, the Village Council may, by majority vote, change the election date and direct that the election in that particular year be held on another date in April. All councilmembers shall be chosen to hold office for four (4) years from the date of their election. All councilmembers shall hold office until their successors are chosen and qualify. Runoff elections shall be held if necessary.

    Editor's note— Ord. No. 2010-545, § 4(B), adopted Nov. 16, 2010, provides that pursuant to the express authority of F.S. § 100.3605(2), the April of odd-numbered years election date which is provided by Section 14(b) of the Village Charter has been revised by ordinance to November of even-numbered years as provided by Village Code Section 8-7.

    (c)

    The council of said village may, by ordinance, divide the municipality into five (5) voting districts for the purpose of choosing councilmembers who shall represent such districts on the village council. Such districts shall be described in an ordinance and be clearly shown on a map to be attached thereto. The boundaries of such districts may be altered from time to time, but no alteration shall operate to deprive a councilmember of any portion of the term for which he or she shall have been elected. Such districts shall be as nearly equal in area and population as may be, but this requirement shall not apply to a district which may embrace only business and commercial activities.

    (d)

    The ordinance providing for the creation of such districts and any ordinance altering the same shall be adopted not less than six (6) months before the holding of any election to be held hereunder. Such ordinance shall provide that a councilmember must be a resident of the district which he or she proposes to represent on the council at the time of his or her election, and that to be qualified as a candidate for election to Council the person must reside within the Village for a period of at least one (1) year immediately prior to and at the time of filing his or her election qualification papers with the Village Clerk, and that he or she shall continue to reside in such district during his or her term of office. In the event no candidate for the office of councilmember meeting the one year residency requirement specified above is living in a district from which a councilmember is to be chosen, the ordinance may provide that a councilmember to represent such district shall be chosen from the village at large. In the event any councilmember dies, or removes permanently from such district, or ceases to be a registered voter in said village, the council may proceed to declare his or her office vacant and the vacancy shall be filled as provided for in this chapter.

    (e)

    If a vacancy occurs on the council, a majority of the remaining members shall appoint a qualified person to serve for the remainder of the unexpired term.

    (f)

    The council shall have full power and authority to prescribe by ordinance the rules for the conducting of such elections, which rules shall not be inconsistent herewith.

(Res. No. 48, 7-22-57, election 11-5-57; Ord. No. 318, § 1, 6-21-88, election 11-8-88; Ord. No. 390, § 1, 7-20-94, election 9-8-94; Ord. No. 422, § 1, 7-15-97)