ORDINANCE 2025-01 AN ORDINANCE OF THE TOWN OF HILLCREST HEIGHTS, POLK COUNTY, FLORIDA, PROVIDING FOR THE FILLING OF A VACANCY OF THE TOWN COMMISSION UPON THE DEATH, RESIGNATION, OR REMOVAL OF A COMMISSIONER FROM OFFICE; OR UPON THE DEATH, WITHDRAWAL OR REMOVAL OF A QUALIFIED CANDIDATE FROM THE BALLOT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE   WHEREAS, the Town Commission of the Town of Hillcrest Heights has authority to provide procedures for filling a vacancy in office caused by the death, resignation, or removal from office in accordance with the provisions of §166.031(6), Florida Statutes; and WHEREAS, the Town Commission has to authority to enact Ordinances to be added to and incorporated in the Town’s Code of Ordinances. NOW THEREFORE, BE It Ordained by the Town Commission of the Town of Hillcrest Heights as follows: 1. Vacancies of Office; filling of vacancies. (a)Vacancies. The office of a commission member shall become vacant upon the member's death, resignation, or removal from office in any manner authorized by law. (b)Filling of vacancies. I. A vacancy of the commission shall be filled by majority vote of the remaining commission members. Should more than one year remain of the term of the office of the member whose seat was vacated, the remaining commissioners will, within 30 days of the vacancy, appoint an interim member to serve until the next available election. The remainder of the term will then be filled by the commission member chosen by the electorate for the remainder of the term. ii. A vacancy in candidacy caused by the 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 office shall result in the election of the remaining qualified candidate. 2. Severability. The provisions of this Ordinance are severable, and if any of its provisions shall be held unconstitutional or unenforceable by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. 3. Conflicts with other Ordinances. In the event that a portion or portions of any Ordinance conflict with this Ordinance, the provisions of this Ordinance shall prevail. 4. Effective Date. This Ordinance shall take effect immediately upon passage after second reading and public hearing. INTRODUCED AND PASSED on First Reading this 10th day of November, 2025. PASSED AND DULY ADOPTED, on Second Reading and Public Hearing with a quorum present and voting, by the Town of Hillcrest Heights, Florida, this day of December, 2025. TOWN OF HILLCREST HEIGHTS ___________________ Michael Bishop, May or Attest: ___________________ Deborah Brewner, Town Clerk Approved as to form: ___________________ Albert C. Galloway, Jr., Town Attorney 11850555 11/28/25