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HomeMy Public PortalAbout1992 All92-12 Exercise lease agreement option with Key Biscayne Bank & Trust Company 02/12/92 *** 92-13 Acceptance of assignment of Case No 91 49040 from Key Biscayne Council 02/12/92 *** Z-14-92 *** Z-15-92 *** 92-15 Adopting Public Participation Procedures 03/24/92 *** 92-16 Transmittal of surplus funds to State Board of Administration for investment 04/14/92 *** Z-16-92 *** 92-17 Adoption of money purchase retirement plan 04/14/92 *** 92-18 Adoption of deferred compensation plan 04/14/92 *** 92-19 Authorizing signing of checks 04/14/92 92-20 Establishment of policy to use recycled paper products 04/28/92 *** 92-21 Acceptance of asignment of Case No 90-61564 (CA 32) from Key Biscayne Council 06/09/92 92-22 Accepting donations from the Key Biscayne Council 06/09/92 *** 92-23 Exercising option to exempt Village from County Ordinance No 91-66 06/09/92 92-24 Legal Notices - Islander News 06/09/92 92-25 Review and process Building Permit applications 06/09/92 92-26 Adopting Mission Statement 06/09/92 92-27 Adopting rules for Board of Trustees meetings 06/09/92 92-28 Establishing Hurricane Preparedness and Emergency Management Committee 06/09/92 92-29 Urging County Commission to increase beach cleaning and maintenance budget 06/23/92 92-30 Manatee Protection Plan 07/14/92 92-31 Pollution Discharge Elimination 07/14/92 92-32 Adoption of Proposed Millage 07/23/92 92-33 Special Election/Charter Amendment/Changing name of BOT to Council 08/11/92 92-34 Special Election/Charter Amendment/Number of members eligible to vote 08/11/92 92-35 Municipal Code Agreement 08/11/92 92-36 Supporting "Save our Parks" petition dnve 08/11/92 92-37 Authonzing agreement with Metro -Dade for Public Acess Computer Services 08/11/92 *** 92-38 Ratifying the transfer of Building & Zoning functions to the Village 08/11/92 92-39 Desire to plan for and achieve safe pedestnan and bicycle circulation 09/09/92 92-40 Proposed millage for fiscal year 1992-93 09/09/92 92-41 Opposing county's ordinance increasing county's share of cable t v fees 09/09/92 92-42 Distnbution of disabled parking fines 09/09/92 *** 92-43 Authorizing termination of public works storm water, and recreation services by Dade 09/09/92 92-44 Transmit surplus funds to U S Government Advisory Program for Florida Local Government 09/09/92 92-45 Authorizing Metro -Dade to release Unity of Title for 690-700 Harbor Drive 09/09/92 92-46-A Agreement with Mangus Installation for burying seaweed 09/14/92 leavnt 92-46-B Authonzing agreement with Mangus Installation for hurricane debris removal 09/14/92 92-46-C Authonzing agreement with Dnggs Construction for humcane debns removal 09/14/92 *** 92-47-A Application for funds from U S Department of Commerce Economic Development Administration 09/18/92 92-47 Opposition to the burning of debris at state park 09/18/92 92-48 Providing for terms of indebtedness in amount of $1 000 000 09/18/92 92-49 Agreement with Robert Swarthout to prepare Comprehensive Plan 09/29/92 92-50 Adopting final millage rate for fiscal year 1992-93 09/29/92 *** 92-51 Authonzing specified persons to execute checks 10/13/92 92-52 Contract with Napoles and Son for 24 hour emergency services 10/13/92 92-53 Commending Commenoz Gallery 10/13/92 92-54 Authonzing Community Disaster Loan application 10/13/92 92-55 Richard Strauss waiver of plat 10/13/92 92-56 Authorizing Mayor to Execute Agreement with DOT 10/27/92 92-57 Commending St Agnes Catholic Church Youth Group 11/10/92 92-58 Commending the Rotary Club 11/10/92 92-59 Urging Governmental Agencies to Mitigate Effects of FEMA's 50% Rule 11/10/92 92-60 Adopting Village Holidays 11/10/92 92-61 Authonzing Mayor to Present Proclamations 11/10/92 92-62 Adopting Official Meeting Place 11/10/92 92-63 Authorizing Manager to Allocate Proceeds from Interest on VMS Funds 11/10/92 *** 92-64 Amending Resolution 92-18 Adopting a Deferred Compensation Plan 11/10/92 *** 92-65 Establishing an Insurance Committee 11/24/92 92-66 Expressing Appreciation for Aid and Assistance after Humcane Andrew 11/24/92 intrst 92-67 Urging Equitable Distribution of Increased Sales Tax Dollars 12/08/92 92-68 Authonzing Manager to Terminate Police and Public Works Services Provided by County 12/08/92 92-69 Authonzing Recreation Director to Develop Coaches Certification Program 12/08/92 92-70 Assunng Federal Insurance Administration of Village Actions 12/22/92 92-16 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE VILLAGE MANAGER OR HIS DESIGNEE TO TRANSMIT SURPLUS FUNDS TO THE STATE BOARD OF ADMINISTRATION FOR INVESTMENT AND TO WITHDRAW SURPLUS FUNDS FROM THE STATE BOARD OF ADMINISTRATION UPON NOTICE AND PROVIDING AN EFFECTIVE DATE 04/14/92 Z-16-92 92-17 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING A MONEY PURCHASE RETIREMENT PLAN PROVIDING FOR THE VILLAGE TO SERVE AS TRUSTEE UNDER THE PLAN PROVIDING FOR THE VILLAGE TO INVEST FUNDS HELD UNDER PLAN IN THE ICMA RETIREMENT TRUST DESIGNATING THE MAYOR AS COORDINATOR OF THE PLAN AUTHORIZING THE MAYOR TO RECEIVE NECESSARY REPORTS CAST REQUIRED VOTES UNDER PLAN DELEGATE ADMINISTRATIVE DUTIES RELATING TO THE PLAN AND EXECUTE ALL NECESSARY AGREEMENTS WITH THE PLAN AND PROVIDING FOR AN EFFECTIVE DATE 04/14/92 92-18 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE FLORIDA, ADOPTING A DEFERRED COMPENSATION PLAN PROVIDING FOR THE EXECUTION OF NECESSARY DOCUMENTS, DESIGNATING THE MAYOR AS COORDINATOR OF THE PLAN, AUTHORIZING THE MAYOR TO RECEIVE NECESSARY REPORTS CAST REQUIRED VOTES UNDER THE PLAN, DELEGATE ADMINISTRATIVE DUTIES RELATING TO THE PLAN EXECUTE ALL NECESSARY AGREEMENTS WITH THE PLAN AND PROVIDING FOR AN EFFECTIVE DATE 04/14/92 92-19 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING SPECIFIED PERSONS TO EXECUTE CHECKS REPEALING PRIOR AUTHORIZATION TO EXECUTE CHECKS AND PROVIDING FOR AN EFFECTIVE DATE 04/14/92 92-20 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE FLORIDA ESTABLISHING THE POLICY OF THE VILLAGE TO USE RECYCLED PAPER PRODUCTS WHENEVER PRACTICAL AND PROVIDING AN EFFECTIVE DATE 04/28/92 92-21 A RESOLUTION OF OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE FLORIDA PROVIDING FOR ACCEPTANCE OF AN ASSIGNMENT FROM THE KEY BISCAYNE COUNCIL INC TRANSFERRING ITS CAUSES OF ACTION IN CASE NO 90-61564 (CA 32) IN THE CIRCUIT COURT IN AND FOR DADE COUNTY, FLORIDA, AUTHORIZING THE VILLAGE ATTORNEY TO MOVE FOR SUBSTITUTIONS OF PARTIES AND A STAY OF PROCEEDINGS PENDING COMPLETE RESOLUTION OF THE MATHESON LAWSUIT PROVIDING FOR AN EFFECTIVE DATE 06/09/92 92-22 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA ACCEPTING CERTAIN DONATIONS FROM THE KEY BISCAYNE COUNCIL AND PROVIDING FOR AN EFFECTIVE DATE 06/09/92 *** 92-23 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA NOTIFYING THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY AND DIRECTOR OF THE METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT THAT IT WISHES TO EXERCISE ITS OPTION TO EXEMPT THE VILLAGE OF KEY BISCAYNE FROM THE PROVISIONS OF ORDINANCE 91-66 PROVIDING FOR TRANSMISSION AND EFFECTIVE DATE 06/09/92 92-24 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PROVIDING THAT A COURTESY LEGAL NOTICE SHALL BE PLACED BY THE VILLAGE IN THE ISLANDER NEWS IN ADDITION TO OTHER LEGAL NOTICES AS REQUIRED BY LAW AND PROVIDING FOR AN EFFECTIVE DATE 06/09/92 92-25 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE FLORIDA, GRANTING THE VILLAGE MANAGER OR HIS DESIGNEE THE AUTHORITY TO REVIEW AND PROCESS ALL BUILDING PERMIT APPLICATIONS, AND PROVIDING FOR AN EFFECTIVE DATE 06/09/92 92-26 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ADOPTING A MISSION STATEMENT ESTABLISHING SHORT AND LONG TERM GOALS 06/09/92 92-27 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ADOPTING SPECIAL RULES OF ORDER FOR MEETINGS OF THE BOARD OF TRUSTEES PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE 06/09/92 92-28 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE FLORIDA PROVIDING FOR THE ESTABLISHMENT OF THE HURRICANE PREPAREDNESS AND EMERGENCY MANAGEMENT COMMITTEE PROVIDING FOR FUNDING AND PROVIDING FOR AN EFFECTIVE DATE 06/09/92 92-29 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA URGING THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY TO INCREASE THE BUDGET ALLOTTED FOR EACH CLEANING AND MAINTENANCE AND TO INSTITUTE A CAPITAL EQUIPMENT PROGRAM PROVIDING FOR TRANSMISSION AND AN EFFECTIVE DATE 06/23/92 92-30 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE EXPRESSING ITS OPPOSITION TO MAP 8 OF THE DRAFT MANATEE PROTECTION PLAN AS PREPARED BY THE METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT RECOMMENDING THE ESTABLISHMENT OF SPECIAL USE MARINAS/TRANSIENT DOCKS IN BILL BAGGS STATE PARK INSTRUCTING THE VILLAGE MANAGER TO SUBMIT FORMAL COMMENTS OBJECTING TO SAME PROVIDING FOR AN EFFECTIVE DATE 07/14/92 92-31 RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT FOR PERFORMANCES BY METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) OF PROFESSIONAL SERVICES ASSOCIATED WITH PART II OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT APPLICATION BY THE VILLAGE OF KEY BISCAYNE 07/14/92 92-32 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA DETERMINING THE PROPOSED MILLAGE RATE AND THE DATE TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC HEARINGS AS REQUIRED BY LAW DIRECTING THE VILLAGE CLERK TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF METROPOLITAN DADE COUNTY PURSUANT TO THE REQUIREMENTS OF THE FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA PROVIDING FOR AN EFFECTIVE DATE 07/23/92 92-33 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA, CALLING A SPECIAL ELECTION TO PROPOSE AN AMENDMENT TO THE VILLAGE CHARTER CHANGING THE DESIGNATION OF THE VILLAGE "BOARD OF TRUSTEES" TO THE "VILLAGE COUNCIL" AND SUBSTITUTING FOR THE TERM "TRUSTEES" THE DESIGNATION "COUNCILMEMBERS" PROVIDING THAT THE ELECTION SHALL BE HELD ON THE THIRD DAY OF NOVEMBER 1992 IN CONJUNCTION WITH THE GENERAL ELECTION, PROVIDING FOR TIMES AND PLACES OF BALLOTING PROVIDING FOR NOTICE PROVIDING FOR AN EFFECTIVE DATE 08/11/92 *** 92-34 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION TO PROPOSE AN AMENDMENT TO SECTION 4 01(C) OF THE VILLAGE CHARTER PROVIDING THAT IN CIRCUMSTANCES WHERE FOUR OR MORE MEMBERS OF THE BOARD OF TRUSTEES ARE INELIGIBLE TO VOTE ON A PARTICULAR MATTER DUE TO A CONFLICT OF INTEREST THAT SUCH MATTER MAY BE VOTED ON AN APPROVED BY A UNANIMOUS VOTE OF THE REMAINING MEMBERS OF THE BOARD OF TRUSTEES PROVIDING THAT THE ELECTION SHALL BE HELD ON THE THIRD DAY OF NOVEMBER 1992 IN CONJUNCTION WITH THE GENERAL ELECTION PROVIDING FOR TIMES AND PLACES OF BALLOTING PROVIDING FOR NOTICE PROVIDING FOR AN EFFECTIVE DATE 08/11/92 92-35 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MUNICIPAL CODE CORPORATION FOR CODIFICATION AND RELATED SERVICES PROVIDING FOR AN EFFECTIVE DATE 08/11/92 92-36 THE RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING THE EFFORTS F KEY BISCAYNE RESIDENTS TO GATHER SUFFICIENT SIGNATURES ON PETITIONS WHICH WOULD PERMIT DADE COUNTY VOTERS TO EXERCISE THEIR CONSTITUTIONAL RIGHT TO PLACE ON THE BALLOT A "SAVE OUR PARKS AMENDMENT" AND PROVIDING AN EFFECTIVE DATE 08/11/92 92-37 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH METRO-DADE COUNTY OFFICE OF COMPUTER SERVICES AND INFORMATION SYSTEMS FOR PUBLIC ACCESS COMPUTER SERVICE TO COUNTY RECORDS AND RELATED SERVICES AND PROVIDING FOR AN EFFECTIVE DATE 08/11/92 92-38 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE RATIFYING THE ACTIONS OF THE VILLAGE MANAGER TO TERMINATE THE AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE PROVIDING FOR THE TERMINATION OF THE TRANSITION AND THE TRANSFER OF BUILDING AND ZONING FUNCTIONS TO THE VILLAGE AND PROVIDING FOR AN EFFECTIVE DATE 08/11/92 92-39 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA EXPRESSING ITS DESIRE TO PLAN FOR AND ACHIEVE SAFE PEDESTRIAN AND BICYCLE CIRCULATION FOR THE VILLAGE RESIDENTS AUTHORIZING THE MAYOR TO APPLY FOR FUNDS FROM THE DADE COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) PURSUANT TO RESOLUTION NO MPO-20-92 BY SAID BODY PROVIDING FOR AN EFFECTIVE DATE 09/09/92 92-40 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE ADOPTING THE TENTATIVE MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1 1992 THROUGH SEPTEMBER 30 1993 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL) SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE MILLAGE RATE 09/09/92 92-41 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE OPPOSING METRO DADE COUNTY'S ORDINANCE INCREASING THE COUNTY'S SHARE OF CABLE TV FRANCHISE FEES FOR INCORPORATED AREAS FROM TWO PERCENT (2%) TO THREE PERCENT (3%) 09/09/92 92-42 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE SUPPORTING METRO-DADE COUNTY'S ORDINANCE PROVIDING FOR THE DISTRIBUTION OF DISABLED PARKING FINES 09/09/92 92-43 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE FLORIDA AUTHORIZING THE VILLAGE MANAGER TO TAKE ALL NECESSARY ACTIONS TO TERMINATE CERTAIN PUBLIC WORKS, STORM WATER PARKS AND RECREATION ATHLETIC FIELD AND INTERNATIONAL TENNIS CENTER SERVICES NOW BEING PROVIDED BY METROPOLITAN DADE COUNTY AS LISTED IN PARAGRAPH II(B) OF THE INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE AND PROVIDING FOR AN EFFECTIVE DATE 09/09/92 itirk 92-44 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA AUTHORIZING THE VILLAGE MANAGER OR HIS DESIGNEE TO TRANSMIT SURPLUS FUNDS TO THE U S GOVERNMENT ADVISORY PROGRAM FOR FLORIDA LOCAL GOVERNMENT FOR INVESTMENT AND TO WITHDRAW SURPLUS FUNDS FROM THE U S GOVERNMENT ADVISORY PROGRAM FOR FLORIDA LOCAL GOVERNMENT UPON NOTICE AND PROVIDING FOR AN EFFECTIVE DATE 09/09/92 92-45 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA AUTHORIZING THE METRO-DADE COUNTY BUILDING AND ZONING DEPARTMENT TO RELEASE A UNITY OF TITLE FOR 690-700 HARBOR DRIVE (LOTS 9 AND 10 BLOCK 19 BISCAYNE KEY ESTATES P B 40 PG 61) 09/09/92 *** 92-46-A A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH MANGUS INSTALLATION INC FOR BURYING SEAWEED PROVIDING FOR AN EFFECTIVE DATE 09/14/92 92-46-B A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH MANGUS INSTALLATION FOR LOADING, HAULING, AND DISPOSAL OF DEBRIS AT THE TEMPORARY STORAGE SITE PROVIDING FOR AN EFFECTIVE DATE 09/14/92 92-46-C A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA AUTHORIZING AN AGREEMENT WITH DRIGGS CONSTRUCTION TO LOAD HAUL AND DISPOSE OF ALL OF THE DEBRIS FROM THE VILLAGE RIGHT-OF-WAY INCLUDING RAKING, SWEEPING BROOMING AND FINAL DRESSING OF SWALES STREETS AND SIDEWALKS, PROVIDING FOR AN EFFECTIVE DATE 09/14/92 92-47-A A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO APPLY FOR RECEIVE AND EXPEND FUNDS FROM THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION'S ECONOMIC ADJUSTMENT (TITLE IX) PROGRAM AS A SUB -GRANTEE 09/18/92 92-47 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE EXPRESSING OPPOSITION TO THE BURNING OF FALLEN AND OTHERWISE HURRICANE AFFECTED VEGETATION BY THE FLORIDA DEPARTMENT OF NATURAL RESOURCES (DNR) AT BAGGS FLORIDA STATE RECREATION AREA ON KEY BISCAYNE 09/18/92 92-48 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA, PROVIDING FOR INTEREST RATE TERMS MATURITY AND OTHER DETAILS OF INDEBTEDNESS IN THE AMOUNT OF UP TO $1,000 000 AS APPROVED BY ORDINANCE ADOPTED ON SEPTEMBER 1, 1992 PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE 09/18/92 92-49 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ROBERT K SWARTHOUT, INCORPORATED TO PREPARE A COMPREHENSIVE PLAN FOR THE VILLAGE OF KEY BISCAYNE FLORIDA 09/29/92 92-50 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1992 THROUGH SEPTEMBER 30, 1993 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL) 09/29/92 92-51 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA AUTHORIZING SPECIFIED PERSONS TO EXECUTE CHECKS REPEALING PRIOR AUTHORIZATION TO EXECUTE CHECKS AND PROVIDING FOR AN EFFECTIVE DATE 10/13/92 92-52 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH NAPOLES AND SON TO PERFORM 24 HOUR EMERGENCY SERVICES AT THE DIRECTION OF THE VILLAGE MANAGER FOR THE VILLAGE 10/13/92 92-53 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA COMMENDING COMMENOZ GALLERY SERGE AND NAYDU COMMENOZ ALAIN DE GRELLE AND THEIR EFFORTS ON BEHALF OF BEAUTIFICATION ON KEY BISCAYNE 10/13/92 92-54 RESOLUTION AUTHORIZING FILING OF APPLICATION FOR COMMUNITY DISASTER LOAN 10/13/92 92-55 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA APPROVING A REQUEST FOR WAIVER OF PLAT BY RICHARD STRAUSS FOR 690-700 HARBOR DRIVE (LOTS 9 & 10 BLOCK 19 BISCAYNE KEY ESTATES P B 50 PG 61) 10/13/92 92-56 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE VILLAGE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FOR AN EFFECTIVE DATE 10/27/92 92-57 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA COMMENDING THE ST AGNES CATHOLIC CHURCH YOUTH GROUP 11/10/92 92-58 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA COMMENDING THE ROTARY CLUB 11/10/92 92-59 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA URGING FEDERAL STATE AND COUNTY GOVERNMENTS TO ADOPT MEASURES TO MITIGATE EFFECTS OF FEMA'S 50% RULE PROVIDING FOR AN EFFECTIVE DATE 11/10/92 92-60 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ADOPTING VILLAGE HOLIDAYS, PROVIDING FOR AN EFFECTIVE DATE 11/10/92 92-61 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA AUTHORIZING THE MAYOR TO PRESENT PROCLAMATIONS, PROVIDING FOR COUNCIL ACTION PROVIDING FOR AN EFFECTIVE DATE 11/10/92 92-62 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING OFFICIAL MEETING PLACE, PROVIDING FOR AN EFFECTIVE DATE 11/10/92 92-63 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ALLOCATE PROCEEDS FROM INTEREST ON FUNDS FROM THE KEY BISCAYNE HOTEL AND VILLAS PROVIDING FOR AN EFFECTIVE DATE 11/10/92 92-64 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING RESOLUTION 92-18 ADOPTING A DEFERRED COMPENSATION PLAN, PROVIDING FOR AN EFFECTIVE DATE 11/10/92 92-65 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA ESTABLISHING AN INSURANCE COMMITTEE PROVIDING FOR MEMBERSHIP, PROVIDING FOR TERM OF EXISTENCE PROVIDING FOR DUTIES PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE 11/24/92 92-66 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA EXPRESSING APPRECIATION FOR THE AID AND ASSISTANCE PROVIDED IN THE AFTERMATH OF HURRICANE ANDREW 11/24/92 IHrie 92-67 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA URGING THE FLORIDA LEGISLATURE TO DISTRIBUTE INCREASED SALES TAX DOLLARS IN AN EQUITABLE MANNER PROVIDING FOR AN EFFECTIVE DATE 12/08/92 92-68 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA AUTHORIZING THE VILLAGE MANAGER TO TAKE ALL THE NECESSARY ACTIONS TO TERMINATE CERTAIN POLICE AND PUBLIC WORKS SERVICES NOW BEING PROVIDED BY METROPOLITAN DADE COUNTY AS LISTED IN PARAGRAPH II(B) OF THE INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE, AND PROVIDING FOR AN EFFECTIVE DATE 12/08/92 92-69 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA AUTHORIZING THE RECREATION DIRECTOR TO DEVELOP AND MAINTAIN A COACHES CERTIFICATION AND TRAINING PROGRAM PROVIDING FOR AN EFFECTIVE DATE 12/08/92 92-70 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA ASSURING THE FEDERAL INSURANCE ADMINISTRATION THAT THE VILLAGE WILL ENACT AS NECESSARY ADEQUATE LAND USE AND CONTROL MEASURES WITH EFFECTIVE ENFORCEMENT PROVISIONS IN THOSE AREAS HAVING FLOOD OR FLOOD RELATED EROSION HAZARDS VESTING THE VILLAGE MANAGER OR HIS DESIGNEE WITH AUTHORITY AND MEANS TO ASSIST PROVIDE INFORMATION AND COOPERATE WITH THE ADMINISTRATOR AND OTHER AGENCIES IN DELINEATING AND IDENTIFYING FLOOD OR FLOOD RELATED EROSION HAZARDS APPOINTING THE VILLAGE MANAGER OR HIS DESIGNEE IN CHARGE OF MAINTAINING RECORDS FOR PUBLIC INSPECTION AUTHORIZING TRANSMITTAL, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE 12/22/92 RESOLUTION NO. Q a A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR ON BEHALF OF THE VILLAGE TO EXERCISE THE OPTION CONTAINED IN THE OFFICE BUILDING LEASE AGREEMENT WITH THE KEY BISCAYNE BANK AND TRUST COMPANY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of Trustees have determined that the Village is in need of additional office space, and WHEREAS, The Board of Trustees on November 3, 1991 passed and adopted Resolution No 91-05 approving an Office Building Lease (the "Lease") with the Key Biscayne Bank and Trust Company (the "Bank"), and WHEREAS, the Lease provided for an option right to lease additional office space (the "Option Right"), and WHEREAS, the Lease provides that the Village must give notice to the Bank of its intent to exercise the Option Right before February 1, 1992 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the Mayor is hereby authorized to exercise the Option Right for additional office space Section 2 This Resolution shall become effective upon adoption PASSED AND ADOPTED this lam day February, Februar. 1992 RAFAEL CONTE, MAYOR ATTEST Beatris Arguelles, Ind -rim Village Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY Richard Jay Weiss, Village Attorney b. —,,s-4, ,e,. .« ci KEy sm.—o FLORIDA • CA'N4" t RESOLUTION NO q a -r 3 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF AN ASSIGNMENT FROM THE KEY BISCAYNE COUNCIL, INC TRANSFERRING ITS CAUSES OF ACTION IN CASE NO 91-49040 (CA -8), IN THE CIRCUIT COURT IN AND FOR DADE COUNTY, FLORIDA AND PROVIDE FOR AN EFFECTIVE DATE WHEREAS, it has been determined that it is in the best interest of the Village to accept an assignment from the Key Biscayne Council, Inc , of the causes of action in the case styled Key Biscayne Council, Inc v. Dade County and Marine Exhibition Corporation, bearing Case No 91-49040 (CA -8) now pending in the Circuit Court in and for Dade County, Florida NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 Acceptance of Assignment That the Village accepts the Assignment, a copy of which is attached as Exhibit "A" to this Resolution Section 2 Effective Date This Resolution will become effective upon adoption PASSED AND ADOPTED this ATTEST day of F bruary, 1992 Itl\--v RAFA Beatris Arguelles, erim Village Clerk kr L H CONTE, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY Rich lf d Jay Weiss, Village Attorney ASSIGNMENT This is an Assignment ("Assignment") made by the Key Biscayne Council, Inc , a Florida corporation (the "Council") in favor of the Village of Key Biscayne, a Florida municipal corporation (the "Village") RECITALS On July 25, 1991, the Metropolitan Dade County Commission passed and adopted Resolution Nos Z -131A-91 and Z-131-91 (the "Resolutions") On or about October 25, 1991 the Council filed a Complaint (subsequently amended) in the Circuit Court of the Eleventh Judicial Circuit styled Key Biscayne Council, Inc v Metropolitan Dade County and Marine Exhibition Corp , Case No 91- 49040 (CA 19) (the "Case") in which the Council challenged the propriety of the Resolutions The Council wishes to transfer its interest in the Case and each cause of action therein to the Village and the Village wishes to accept the Council's rights and interests and assume its obligation with rights to prosecute the Case NOV, THEREFORE, in consideration of the mutual promises contained in this Assignment and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged (including but not limited to the payment of all costs and fees incident to the prosecution of the Case), the Council hereby conveys, assigns and transfers to the Village all of its right, title and interest in the Case and each cause of action therein, upon the following terms and conditions 1 Reversion The Council acknowledges that the Village intends to file a motion with the circuit court requesting that the Village be substituted for the Council or otherwise be permitted to pursue the Case pursuant to the Assignment In the event that the Village for any reason is unable or prohibited from prosecuting the Case in accordance with the Assignment, the rights and interests transferred by the Assignment shall revert to the Council without further action by the Council or the Village 2 Limitation of Assignment The Assignment and the assumption by the Village is limited to the rights and obligations arising out of the Case and each cause of actin therein The Council, by this Assignment, does not assign any rights nor does the Village assume any obligations or liabilities which are not directly related to the pursuit of the Case 3 Assumption By its execution of this Assignment, the Village hereby accepts Council's rights, interests and ability to prosecute the Case, which may include resolving the disputes at issue in any manner the Village, in it sole discretion, deems appropriate 4 Governing Law The Assignment shall be governed by the laws of the State of Florida 5 Authority The Council in making the Assignment represents and warrants that it has full authority to make the Assignment and through its Board of Directors has taken all action necessary to cause the Assignment to be a valid and binding action by the Council 2 6 Recitals The Recitals set forth in the Assignment are true, correct and are fully incorporated into the Assignment 7 Severability In the event any term or provision of this Assignment is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Assignment shall be construed to be in full force and effect IN WITNESS WHEREOF, the Council has caused this Assignment to be executed this 1 day of February, 1992 Attest KEY BISCAYNE COUNCIL, INC By lit- f�j U��:. Betty Slim, Chairperson IN WITNESS WHEREOF, the Village has accepted this Assignment this ia- day of February, 1992 THE VILLAGE OF KEY BISCAYNE, a municipal corporation Attest: Beatris Argue 1 s, C 3 By el Conte, Mayor U 3/ 1U/ J1 1Ci OD Wt 1S Skd<U1A kthLk 101114 RESOLUTION NO A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OP KEY BISCAYNE, FLORIDA; ADOPTING PUBLIC PARTICIPATION PROCEDURES PURSUANT TO CHAPTER 163.3181, FLORIDA STATUTES AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, it is the intention of the Village to encourage public participation in the comprehensive planning process and to comply with Chapter 163.3181, Florida Statutes NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS. Section 1. The Village hereby adopts Public Participation Procedures set forth on Exhibit "A" to this Resolution Section 2 Effective Date This Resolution shall become effective upon adoption PASSED AND ADOPTED this AY' day of Februa .y , 1992. RAFAEL ATTEST Beatria Arguelles, Interi Village Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY 1 and a Wei ss, Jay Village Attorney R. CONTE, MAYOR E< b\- "A )t PUBLIC PARTICIPATION PROCEDURES Pursuant to Florida Statutes Chapter 163 3181 and Chapter 9J-5 004 of the Florida Administrative Code, the Village of Key Biscayne Board of Trustees, as Local Planning Agency, after discussion held during a public meeting on March 17, 1992, adopts the following public participation procedures in connection with the formulation and adoption of the local government comprehensive plan for the Village of Key Biscayne 1 Duly notice public meetings of the Local Planning Agency have been, and shall continue to be held periodically 2. Duly notice Public hearings in connection with the adoption and transmission of the Comprehensive Plan shall be held 3 Public education, participation and input, through duly notice public meetings shall be provided for on an ongoing basis with respect to the mandatory and possible optional elements to be encompassed in the Comprehensive Plan and with respect to local conditions on and affecting Key Biscayne These meetings shall be held for the benefit of the public generally and specifically community associations and interest groups 4. Public meetings and hearings shall be recorded in audio or video format, summaries or minutes of public meetings shall be prepared, and such recordings, summaries or minutes shall be made available to the public at fees to be established by the Local Planning Agency 5. The Local Planning Agency shall use reasonable methods to disseminate relevant information regarding public participation opportunities 6 The Local Planning Agency shall make use of surveys and questionaires, as are approved by the Local Planning Agency, to focus public attention on planning matters and determine public sentiment 1 7. The Local Planning Agency shall establish a contact person or persons to whom citizens may call or write to ask questions or make comments concerning the Comprehensive Plan, the planning process, local conditions that are or may be implicated in the Comprehensive Plan, the public participation program or other relevant matters 8 All data analyses, maps, compilations, reports and other relevant materials relating to the planning process or the Comprehensive Plan itself shall be maintained in one or more public places and made available to the Public 9 Property owners and the public generally shall be provided with prior notice, through advertisement in a newspaper of general circulation or other method adopted by the Board of Trustees, of official actions that will affect the use of private property 10. The adopted public participation procedures may be amended from time to time by the Local Planning Agency and the Board of Trustees after discussion at public meetings 2 RESOLUTION NO F' /6 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER OR HIS DESIGNEE TO TRANSMIT SURPLUS FUNDS TO THE STATE BOARD OF ADMINISTRATION FOR INVESTMENT AND TO WITHDRAW SURPLUS FUNDS FROM THE STATE BOARD OF ADMINISTRATION UPON NOTICE AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne from time to time has funds on hand in excess of current needs ("Surplus Funds"), and WHEREAS, it is in the best interest of the Village that Surplus Funds be invested to return the highest yield consistent with proper safeguards, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That the Village Manager or his designee is hereby authorized to transmit Surplus Funds to the State Board of Administration to be invested according to applicable laws of the State of Florida consistent with the needs of the Village Such authorization includes authority to withdraw Surplus Funds from the State Board of Administration by giving timely notice and appropriate confirmation Section 2 That this authorization shall be continuing in nature until revoked by the Village Section 3 Effective Date This resolution shall become effective upon adoption PASSED AND ADOPTED this �l7 dayof h, 7��1 f 7 �� 1992 CONTE, MAYOR Attest VILLAGE CLERK Approved as to Legal Sufficiency OaSOL-44(141 tA-2.10LAL4 VILLAGE ATTOR RESOLUTION NO (10-r1 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING A MONEY PURCHASE RETIREMENT PLAN, PROVIDING FOR THE VILLAGE TO SERVE AS TRUSTEE UNDER THE PLAN, PROVIDING FOR THE VILLAGE TO INVEST FUNDS HELD UNDER THE PLAN IN THE ICMA RETIREMENT TRUST, DESIGNATING THE MAYOR AS COORDINATOR OF THE PLAN, AUTHORIZING THE MAYOR TO RECEIVE NECESSARY REPORTS, CAST REQUIRED VOTES UNDER THE PLAN, DELEGATE ADMINISTRATIVE DUTIES RELATING TO THE PLAN, AND EXECUTE ALL NECESSARY AGREEMENTS WITH THE PLAN AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village has employees rendering valuable services, and WHEREAS, the establishment of a money purchase retirement plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death, and WHEREAS, the Village desires that its money purchase retirement plan be administered by the ICMA Retirement Corporation and that the funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, as follows Section 1 That the Village hereby establishes a money purchase retirement plan (the "Plan") in the form of the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust, pursuant to the specific provisions of the Adoption Agreement The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries, and Section 2 That the Village hereby agrees to serve as trustee under the Plan and to invest all funds held under the Plan in the ICMA Retirement Trust Section 3 That the Mayor shall be the coordinator for the Plan and shall receive necessary reports and notices from the ICMA Retirement Corporation or the ICMA Retirement Trust, and shall cast, on behalf of the Village any required votes under the ICMA Retirement Trust Administrative duties relating to the plan may be further delegated to appropriate persons Section 4 That the Village hereby authorizes the Mayor to execute all necessary agreements with the ICMA Retirement Corporation necessary to enroll the Village Manager and for the implementation and administration of the Plan in a form acceptable to the Village Attorney The enrollment of other employees must be approved by the Board of Trustees Section 5 Effective Date This resolution shall become effective immediately PASSED AND ADOPTED this A * dayo ttest Village Clerk ft Approved as to Legal Sufficiency Vil tge Attorney -2- Rafael H Conte, Mayor 1992 RESOLUTION NO qa-tir A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING A DEFERRED COMPENSATION PLAN, PROVIDING FOR THE EXECUTION OF NECESSARY DOCUMENTS, DESIGNATING THE MAYOR AS COORDINATOR OF THE PLAN, AUTHORIZING THE MAYOR TO RECEIVE NECESSARY REPORTS, CAST REQUIRED VOTES UNDER THE PLAN, DELEGATE ADMINISTRATIVE DUTIES RELATING TO THE PLAN, EXECUTE ALL NECESSARY AGREEMENTS WITH THE PLAN AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village has employees rendering valuable services, and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the Village by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel, and WHEREAS, the Village has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives, and WHEREAS, the Village desires that its deferred compensation plan be administered by the ICMA Retirement Corporation, and that the funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, as follows Section 1 The Employer hereby adopts a deferred compensation plan (the "Plan") in the form of the ICMA Retirement Corporation Deferred Compensation Plan, substantially in the form attached hereto Section 2 The Mayor shall be the coordinator for the Plan, shall receive necessary reports and notice from the ICMA Retirement Corporation or the ICMA Retirement Trust, shall cast, on behalf of the Village any required votes under the ICMA Retirement Trust, may delegate any administrative duties relating to the Plan to appropriate persons, and is authorized to execute all necessary agreements with ICMA Retirement Corporation necessary to enroll the Village Manager for the implementation and administration of the Plan in a form acceptable to the Village Attorney The enrollment of other employees must be approved by the Board of Trustees Section 3 Effective Date This resolution shall become effective immediately PASSED AND ADOPTED this }44' day of , 1992 RAFAEL Attest VILLAGE CLERK Approved as to Legal Sufficiency VI L LJAGE ATTORNEY CONTE, MAYOR RESOLUTION NO 92-19 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING SPECIFIED PERSONS TO EXECUTE CHECKS, REPEALING PRIOR AUTHORIZATION TO EXECUTE CHECKS AND PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Sec 1 That the Mayor or Vice -Mayor is hereby authorized to execute checks on behalf of the Village in an amount not to exceed $2,500 00 per check Sec 2 That the Mayor and Vice -Mayor together or either of them with any other Trustee are hereby authorized to execute checks on behalf of the Village without limitation on the amount of said check Sec 3 This Resolution specifically supersedes Section 4 of Resolution No 91-02 Sec 4 This Resolution shall become effective upon adoption PASSED AND ADOPTED this 1<7 day of April, 1992 ATTEST V llage PPROVED AS C_ Stephen RAFAEL CONTE, MAYOR ORM AND LEGAL SUFFICIENCY __A____Qk .3- Helfman, V lage Attorney RESOLUTION NO 92-20 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING THE POLICY OF THE VILLAGE TO USE RECYCLED PAPER PRODUCTS WHENEVER PRACTICAL AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne, being a newly -created municipality has the opportunity to implement ecologically sound policies from the beginning, and WHEREAS, the Board of Trustees of the Village of Key Biscayne is especially sensitive to environmental matters due to the island nature of Key Biscayne, and WHEREAS, this Board of Trustees desires to use environmentally sensitive procedures and products whenever practical, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, as follows Section 1 That the Board of Trustees hereby directs the Village Manager to use recycled paper products whenever practical Section 2 That the Manager is hereby directed to implement a recycling program for the Village office and employees as soon as possible Section 3 Effective Date This resolution shall become effective upon its adoption PASSED AND ADOPTED this Og`Il" day of , 1992 RAFAEL Attest VILLAGE CLERK Approved as to Legal Sufficiency VILLAGE ATTORNEY CONTE, MAYOR RESOLUTION NO 141(4 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, NOTIFYING THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY AND THE DIRECTOR OF THE METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT THAT IT WISHES TO EXERCISE ITS OPTION TO EXEMPT THE VILLAGE OF KEY BISCAYNE FROM THE PROVISIONS OF ORDINANCE 91-66, PROVIDING FOR TRANSMISSION AND EFFECTIVE DATE WHEREAS, Ordinance 91-66 adopted by Metropolitan Dade County establishes a countywide stormwater utility, and WHEREAS, such Ordinance allows municipalities the option of providing dedicated funds for stormwater management in accordance with Section 403 0893(1)(2) or (3), Florida Statutes, and WHEREAS, the Village of Key Biscayne wishes to exercise its option to exempt the Village from the provisions of Ordinance 91- 66, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, Dade County, Florida, as follows Section 1 The Village of Key Biscayne hereby notifies the Board of County Commissioners of Metropolitan Dade County and the Director of the Metropolitan Dade County Department of Environmental Resources Management that it wishes to exercise its option to exempt the Village of Key Biscayne from the provisions of Ordinance 91-66 Section 2 The Village of Key Biscayne hereby commits to implement applicable provisions of Section 403 0893(1)(2) or (3), as amended from time to time on or before_„a„une 30, ..19.9„3 The Village of Key Biscayne reserves the right, pursuant to Section 24- 61 2 of Ordinance 91-66 to void this exemption by request to the Board of County Commissioners of Metropolitan Dade County Section 3 The Clerk of the Village of Key Biscayne is hereby directed to file a certified copy of this Resolution with the Clerk of the Board of County Commissioners and with the Director of the Metropolitan Dade County Department of Environmental Resources Management Section 4 This resolution shall become effective upon its adoption PASSED AND ADOPTED this Att t VILLAGE CLERK RAFAEL CONTE , MAYOR day of June, 1992 Appr•ved as to Legal Sufficiency ISS, VILLAGE ATTORNEY 2 /V/ 1s)/ 27G 1V J.0 RLA k, 0L4L\VIA L1L4Li1 LW VVG RESOLUTION NO. 7h ' 1%4, A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING CERTAIN DONATIONS FROM THE KEY BISCAYNE COUNCIL AND PROVIDING FOR AN EFFECTIVE DATE. BE IT REbULVED BY THE MAYOR AND THE BOARD OF TRUbTEES OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1 The Board of Trustees hereby accepts, on behalf of the Village, an unrestricted donation from the Key Biscayne Council in the approximate amount of $522.13 Section 2 The Board of Trustees, on behalf of the Village, hereby accepts a restricted donation from the Key Biscayne Council in the approximate amount of $20,202 84 These funds shall be used only for the Dune Vegetation Project on Key Biscayne Unused funds shall be returned to the persons on Exhibit "A" on a pro rata basis Section 3 This resolution shall become effective immediately upon its adoption AT V LAGE CLERK r.: PPROVED A$ TO LEGAL SUFFICI1NCY RIC WJAY WEISS, VILLAGE ATTORNEY PASSFT] AND ADOPTED this 9 `'"day of June, 1992. RAFAEL H CONTE , MAYOR 92-21 RESOLUTION NO A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF AN ASSIGNMENT FROM THE KEY BISCAYNE COUNCIL, INC TRANSFERRING ITS CAUSES OF ACTION IN CASE NO 90-61564 (CA 32), IN THE CIRCUIT COURT IN AND FOR DADE COUNTY, FLORIDA, AUTHORIZING THE VILLAGE ATTORNEY TO MOVE FOR SUBSTITUTION OF PARTIES AND A STAY OF PROCEEDINGS PENDING COMPLETE RESOLUTION OF THE MATHESON LAWSUIT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, it has been determined that it is in the best interest of the Village to accept an assignment from the Key Biscayne Council, Inc , of the causes of action in the case styled Key Biscayne Council, Inc v Metropolitan Dade County, bearing Case No 90-61564 (CA 32) now pending in the Circuit Court in and for Dade County, Florida, WHEREAS, it has been determined that it is in the best interest of the Village to ascertain how that certain litigation styled Matheson v Metropolitan Dade County, Case No 91-3207 (CA 5), currently on appeal from the Dade County Circuit Court to the Third District Court of Appeal, Metropolitan Dade County v Matheson, Appellate Case No 92-1069 (the "Matheson Lawsuit"), shall be resolved following all appeals of any issues raised therein, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 Acceptance of Assignment That the Village EXHIBIT "A" ASSIGNMENT This is an Assignment ("Assignment") made by the Key Biscayne Council, Inc (the "Council"), a Florida corporation, in favor of the Village of Key Biscayne (the "Village"), a Florida municipal corporation RECITALS On or about December 21, 1990, the Council filed a lawsuit in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida styled Key Biscayne Council, Inc v Metropolitan Dade County, Case No 90-61564 (CA 32) (the "Case") The Council wishes to transfer its interest in the Case and each cause of action therein to the Village and the Village wishes to accept the Council's rights and interests with regard to the Case NOW, THEREFORE, in consideration of the mutual promises contained in this Assignment and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged (including but not limited to the payment of all costs and fees incident to the prosecution of the Case), the Council hereby conveys, assigns and transfers to the Village all of its right, title and interest in the Case and each cause of action therein, upon the following terms and conditions 1 Reversion The Council acknowledges that the Village intends to file a motion with the circuit court requesting that the Village be substituted for the Council or otherwise be permitted to pursue the Case pursuant to the Assignment In the event that the Village for any reason is unable or prohibited from prosecuting the nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Assignment shall be construed to be in full force and effect IN WITNESS WHEREOF, the Council has caused this Assignment to be executed this 1 day of July, 1992 KEY BISCAYNE COUNCIL, INC By Bett Sime IN WITNESS WHEREOF the Village has accepted this Assignment this „2 day of July, 1992 Atte LI Q66---- Cle k 3 THE VILLAGE OF KEY BISCAYNE, a municipal corporation By Ra I ael Conte, Mayor RESOLUTION NO viN A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING THAT A COURTESY LEGAL NOTICE SHALL BE PLACED BY THE VILLAGE IN THE ISLANDER NEWS IN ADDITION TO OTHER LEGAL NOTICES AS REQUIRED BY LAW AND PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, Dade County, Florida, as follows Section 1 In addition to publishing legal notices as may be required by law, the Village shall also place, in The Islander News a courtesy notice for Village residents Section 2 Courtesy notices shall be clearly designated and shall contain substantially the same copy as is contained in the notices required by law Section 3 A courtesy notice shall also be placed in The Islander News notifying the public of administrative variances to be heard by the Board of Trustees Section 4 This resolution shall become effective immediately upon its adoption 1/(/ PASSED AND ADOPTED this (1 day ?fJune, 1992 A 4 T tat/kW VIL GE CLERK RAFAEL H APPROVED AS TO LEGAL SUFFICIENCY RICHARD J Tir I S S, VILLAGE ATTORNEY CONTE, MAYOR RESOLUTION NO A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, GRANTING THE VILLAGE MANAGER OR HIS DESIGNEE THE AUTHORITY TO REVIEW AND PROCESS ALL BUILDING PERMIT APPLICATIONS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Ordinance No 92-09 provides that the Village Board of Trustees may delegate certain responsibilities relating to the processing and review of Building Permit Applications, and WHEREAS, the Board Trustees wishes to delegate those functions to the Village Manager or his designee NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the Board of Trustees hereby delegates to the Village Manager or his designee, the authority and responsibility to review and process all Building Permit Applications for zoning compliance, all in accordance with Section 2 of Ordinance No 92-09 Section 2 Effective Date This Resolution will become effective upon adoption /2 r( PASSED AND ADOPTED this y day of J ne, 1992 ATz�z (f),(2/e24-gC/ VIL AGE CLERK APP COVED AS TO LEC�AI n \I ST�PIiEN aJ HELFMA RAFAEL if CONTE, MAYOR FORM„ AND SUFFICIENCY RESOLUTION No A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING A MISSION STATEMENT, ESTABLISHING SHORT AND LONG TERM GOALS WHEREAS, the Board of Trustees has met in a strategic planning workshop to establish goals and objectives, and WHEREAS, the Board reached a consensus as a result of that workshop NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, as follows SECTION 1 That the Board of Trustees adopt the following mission statement "TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT " SECTION 2 That the Board of Trustees adopt the following short and long term goals SHORT-TERM GOALS: Establishment of Government Organization/structure Resident's Concerns Responsiveness by Trustees individually and through Public Meeting Responsiveness by Staff in a Courteous and expeditious manner Development of standards & guidelines for Committees SIX MONTHS - ONE YEAR GOALS: Police - Operational no later than April 1, 1993 B&Z - Operational by October 1, 1992 Public Works - Operational by October 1, 1992 Budgeting - schedule to the Board of Trustees by June, 1992 Millage - tentative rate by August 1, 1992 Revenue Sources/Funds - qualifying for federal grants Village Budget by August 1, 1992 Legal - focus on revenue sources Clerk - Hire by October 1, 1992 Recreation/Cultural Dept - Director - by August 1, 1992 Hurricane Committee - Completion by November 1992 Seal & Motto Committee - Report by June 9, completion by July 1, 1992 Stormwater Utilities Assesment Study - initiation Communications/Public relations ONE YEAR - 18 MONTHS GOALS: Tourism Board/Agency- GOALS BEYOND 18 MONTHS: Fire Department (if adopted by the Board of Trustees) Long-term capital plan Master plan Beaches & Bay Parks & Community center Village Facilities Water & Sewer Uniform landscaping and lighting Land acuisition SECTION 3 EFFECTIVE DATE This resolution shall be effective upon adoption PASSED AND ADOPTED this V llage Clerk pproved as to Legal Sufficiency Village Attorney day of June 1992 Rafaej./ H Conte, Mayor RESOLUTION No A �� A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING SPECIAL RULES OF ORDER FOR MEETINGS OF THE BOARD OF TRUSTEES, PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of Trustees has met in a planning workshop to consider and review established procedures for the conduct of the meetings of the Board of Trustees, and WHEREAS, the Board reached a consensus as a result of that workshop, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, as follows SECTION 1 That the Board of Trustees hereby adopts the following rules of procedures in order to complete the Business on the Agenda in a timely and constructive manner A The Manager's and Attorney's reports should be heard early on in the Agenda, prior to other business that might consume much of the time in the earlier part of the meeting B Approval of the minutes should be dispensed with by consent with the Chair announcing "if there are no objections, the minutes will be approved as submitted " C Rules of Order - special rules I Motions should be clear and concise, perhaps written and given to the clerk for accuracy and clarification for the Board when voting II Motions should be seconded prior to any discussion on the motion III The Chair should call on the maker of the motion, once seconded, for elaboration (if any) prior to calling upon any other member of the Board or the public IV Voice votes should be used (Those in favor signify by saying "Yes" those opposed say "No") unless a "Roll -Call" vote is requested by any member V Roll -Call votes should be called on a rotation basis starting from one side of the table to the other, each subsequent vote will be called starting with the next member from the first member called (i e 1,2,3,4,5,6,7, then 2,3,4,5,6,7,1„ then 3,4,5,6,7,1,2,etc ) The Mayor should not always be the last to vote D Public Participation I Speakers will be allowed 2 minutes to state their approval/objection of a particular issue More time would be alloted for complicated issues that demand more time for discussion from the residents II The Clerk will call time upon completion of the two minute allotment, no buzzer will be used III No speaker may yield part of his time to another person - time is not transferable SECTION 2 Severability The provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution shall for any reason be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Resolution but they shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part SECTION 3 EFFECTIVE DATE This Resolution shall be effective upon adoption PASSED AND ADOPTED this Atte= VILL'GE CLERK Approved as to Legal Sufficiency ‘ca 9'4 E VILLA ATTORNEY day of June 1992 Rafael fi Conte, Mayor RESOLUTION NO 92- 28 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF THE HURRICANE PREPAREDNESS AND EMERGENCY MANAGEMENT COMMITTEE, PROVIDING FOR FUNDING AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, during the hurricane season in South Florida, the Village of Key Biscayne should have a committee to co-ordinate with the Dade County Office of Emergency Management, and WHEREAS, such a committee need be established by the Village Board of Trustees, and WHEREAS, the following need to be considered by the committee 1 People with special needs should be registered and a follow-up list prepared This will assist the county in arranging for their evacuation 2 Develop public participation and information dissemination program, a Hurricane brochures b Hurricane manual for marine interests c Marine Speakers Bureau d Volunteers to staff shelters 3 Assemble and train damage assessment teams, a Red Cross shall train personnel 4 Establish sites and staffing for service centers, a Service centers will assist families after a hurricane 5 Pinpoint hazardous trees along Crandon Boulevard and Causeway for pruning, etc , and 6 Identify bus pick-up points - Fire station present pick-up point 7 Identify alternative Village Hall/Emergency Operations Central (EOC) location, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 In accordance with the Village Charter, the Mayor is hereby authorized to establish and appoint a seven member Hurricane Preparedness and Emergency Management Committee Section 2 This committee shall coordinate hurricane preparedness as called for hereinabove SectIpn 3 As soon as feasible the committee shall prepare and submit a budget for anticipated expenses to the Board of Trustees for approval Sectioji 4 The committee shall make a final report on or about December 1, 1992 and thereafter shall, be dissolved ATTEST PASSED AND ADOPTED THIS (-tvar- A ing Vi lage Clerk A •proved as to legal sufficiency LAI44r__kiA:4__-°1____ Village A ney (JN6032--1 ) /DAY OF Rafael onte, Mayor 1992 RESOLUTION No 4?)' A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY TO INCREASE THE BUDGET ALLOTTED FOR BEACH CLEANING AND MAINTENANCE AND TO INSTITUTE A CAPITAL EQUIPMENT PROGRAM, PROVIDING FOR TRANSMISSION AND AN EFFECTIVE DATE WHEREAS, tourism constitutes a very significant part of the Dade County economy, and WHEREAS, the Village of Key Biscayne and other oceanfront communities and resort areas of Dade County are major contributors of revenues to Dade County, and WHEREAS, "Sun, Sand and Surf" are the chief attractions which generate tourist and convention traffic to Dade County, and WHEREAS, an essential component of the attraction are the beaches between Government Cut and Bakers Haulover, including the beaches of the Village of Key Biscayne, and WHEREAS, Dade County, in an agreement with the State of Florida, is solely responsible for the maintenance of the public beaches, and WHEREAS, Dade County has neglected this function by budgetary attrition and absence of a capital budget for the past five years, and WHEREAS, the quality of beach maintenance has deteriorated due to lack of equipment and failure to replace worn-out equipment, which is more often in the repair shop than on the beach, and WHEREAS, there are proposals to slash by nearly fifty (50%) per -cent the remaining budget for beach cleaning which would, in effect, put an end to this service entirely, all to the extreme detriment of the economy of all beachfront communities, and Dade County's general welfare NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That the above and foregoing recitals are true and correct Section 2 That the Trustees of the Village of Key Biscayne urge the Dade County Commission and Administration to increase the budget allotted for beach cleaning and maintenance and to institute a capital equipment program for the immediate purchase of essential equipment (such as a Rotoveyer), and to realistically schedule the eventual replacement of existing equipment Section 3 That the Village Clerk shall cause copies of this Resolution to be sent to the Greater Miami Convention and Visitors Bureau, City of Miami Beach, Village of Bal Harbour, Sunny Isles Resort Association, each member of the Dade County Commission and appropriate administrative offices of Dade County Section 4 PASSED AND ADOPTED this O23 day of ZrVidr , 1992 THE RESOLUTION SHALL BECOME EFFECTIVE IMMED AT Y UPON ITS ADOPTION YOR At e_t aft/A ciefi VILLAGE LERK Adopted Approved as to form and legal sufficiency LLAGE ATTORNEY RESOLUTION No 5?(. - A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE EXPRESSING ITS OPPOSITION TO MAP 8 OF THE DRAFT MANATEE PROTECTION PLAN, AS PREPARED BY THE METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT RECOM- MENDING THE ESTABLISHMENT OF SPECIAL USE MARINAS/TRANSIENT DOCKS IN BILL BAGGS STATE PARK, INSTRUCTING THE VILLAGE MANAGER TO SUBMIT FORMAL COMMENTS OBJECTING TO SAME, PROVIDING AN EFFECTIVE DATE WHEREAS, the Metropolitan Dade County Department of Environmental Resources Management has drafted a Manatee Protection Plan for Dade County, and WHEREAS, Map 8 of said plan identifies Bill Baggs State Park as a recommended location for the establishment of a special use marina/transient docks, and WHEREAS, the Village of Key Biscayne Board of Trustees has considered the impact of the proposed plan on the Village NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS SECTION 1 That the Village of Key Biscayne opposes the recommendation to establish a special use marina/transient docks within Bill Baggs State Park SECTION 2 That the Board of Trustees hereby instructs the Village Manager to submit a formal objection to this facet of the plan to the Metro Dade County Department of Environmental Resources Management SECTION 3 EFFECTIVE DATE This resolution shall become effective upon adoption PASSED AND ADOPTED this fc day of , 1992 RAF L CONTE, MAYOR Attest ACTING VILL GE CLERK Approved as to legal sufficiency VILLAGE ATTORNEY RESOLUTION No 92-31 RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT FOR PERFORMANCES BY METROPOLITAN DADE COUNTY DEPARTMENT OF ENVI- RONMENTAL RESOURCES MANAGEMENT (DERM) OF PROFESSIONAL SERVICES ASSOCIATED WITH PART II OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT APPLICATION BY THE VILLAGE OF KEY BISCAYNE WHEREAS, the Village of Key Biscayne wishes to establish a Stormwater Utility since the Village opted out of the Stormwater Utility of Metropolitan Dade with the adoption of Resolution 92-23, June 9, 1992, and WHEREAS, the Village must submit a Part II application as part of the U S Environmental Protection Agency requirements, SO THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF TRUSTEES THE FOLLOWING 1 For the purpose of economy the Village Board of Trustees authorize the Mayor to execute an Interlocal Agreement, copy annexed, with Metropolitan Dade County Department of Environmental Resources Management (DERM) of Professional Services associated with Part II of the National Pollution Discharge Elimination System (NPDES) permit application by the Village of Key Biscayne, and 2 Funds in the amount not to exceed $9500 00 are appropriated from account Public Works Projects (6-30-90-98) to pay the Village's share of this application ft/ t PASSED AND ADOPTED this < th of July, 1991 APPROVED L Mayo AT, E ' T V lage Clerk PPROVED AS TO LEGAL SUFFICIENCY Vi lage Attorney INTERLOCAL AGREEMENT FOR PERFORMANCE BY METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) OF PROFESSIONAL SERVICES ASSOCIATED WITH THE TWO-PART NPDES PERMIT APPLICATION BY THE VILLAGE OF KEY BISCAYNE AND DERM This Interlocal Agreement ("Agreement") is made and entered into this day of , 1992, by and between Metropolitan Dade County, through its Department of Environmental Resources Management (DERM) [hereinafter sometimes referred to collectively as the "COUNTY"] and the Village of Key Biscayne, [hereinafter sometimes referred to as the "CITY"], in order that the City may be included as a co-permittee as provided under the Environmental Protection Agency [hereinafter "EPA"] National Pollutant Discharge Elimination System [hereinafter "NPDES"] Permit Application Regulations for Storm Water Discharges, Final Rule [hereinafter "NPDES Final Rule"], and that the professional services required to accomplish the tasks set forth in the NPDES Final Rule may be initiated on behalf of both the CITY and the COUNTY as co-permittees Section I Definitions For purposes of this Agreement, the following terms shall apply Agreement shall mean this document, including any written amendments thereto, and other written documents or parts thereof which are expressly incorporated herein by reference CITY shall mean the Village of Key Biscayne, by and through its COUNTY shall mean Metropolitan Dade County, by and through its Department of Environmental Resources Management ("DERM") FORCE MAJEURE shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement In all other instances, terms used in this Agreement shal have the definitions contained in the EPA NPDES Final Rule 40 CFR Parts 122, 123 and 124 (Attachment "A"), incorporated herein by reference Section II Term of Agreement The term of this Agreement shall commence with the date of execution, and shall expire on November 16, 1993 Section III Scope of Work The parties hereto stipulate and agree that the EPA is requiring the sampling, monitoring and analyzation (hereinafter "analysis") of a total of ten (10) outfalls County -wide as a requirement of the joint NPDES permit application The parties hereby agree that the cost attributable to analysis of five (5) of the ten (10) outfalls shall be the joint responsibility of all participating municipalities, and the cost attributable to analysis of the remaining five (5) outfalls shall be the responsibility of the COUNTY, as set forth in this Agreement The ten (10) outfalls designated for analysis are indicated in Attachment "B" Section IV COUNTY's Obligations Analysis of Outfalls The COUNTY shall monitor, sample and analyze the ten (10) designated outfalls in compliance with EPA NPDES permit application requirements Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the exception of CITY permits and approvals, if any, which shall be obtained by the CITY) which are required in order to conduct the analysis of the ten (10) designated outfalls Report The COUNTY shall provide the CITY with a report which shall set forth the CITY's portion of the NPDES permit application and the results of the analysis of the ten (10) designated outfalls Notice of DERM Meeting(s) The COUNTY shall provide the CITY with oral or written notice of all regular meetings held by DERM staff for the purpose of reviewing the status of the NPDES permit application 2 Section V CITY's Obligations Provision of Outfall Information Within ten (10) days of execution of this Agreements, the CITY shall provide the COUNTY with a list of all outfalls located within the jurisdiction of the CITY discharging to Waters of the United States, of the State of Florida, of Dade County, and of any municipality within Dade County, as applicable This list shall be an update of the COUNTY's list submitted on June 21, 1991, at the NPDES WORKSHOP (a copy of which is available from the Director of DERM), and shall be submitted in such format as is designated by the COUNTY The CITY agrees to provide the COUNTY with outfall update information as promptly as such changes occur, in order that the data maintained by the COUNTY may be accurate and current Prevention of Theft of COUNTY Equipment The CITY shall take reasonable steps to prevent theft or vandalism of COUNTY equipment located within the CITY's jurisdiction (indicated on the map attached hereto as Exhibit "C") The CITY acknowledges that such equipment may be placed within the CITY's area of jurisdiction for extended periods of time, as necessary to complete the sampling and monitoring tasks contemplated by this Agreement Compensation Within ten (10) days from the date of execution of this Agreement, the CITY shall make a lump -sum payment to the COUNTY of its pro rata share of the payment due to the COUNTY for analysis of the five (5) outfalls which are the CITY's financial obligation pursuant to this Agreement The sum due shall be determined by dividing the total cost for analysis of the five (5) outfalls (which is $250,000) by the total number of NPDES application municipal co-permittees Failure to pay the agreed -upon lump sum payment shall be default by the CITY pursuant to this Agreement, and shall result in a reversion of the CITY's NPDES permit application status to Individual Permit applicant As of November 15, 1991, nineteen (19) cities have indicated their participation as co-permittees in the NPDES Final Rule process Therefore, based on these commitments, the pro rata share should be approximately $13,157 89 Notwithstanding the apparent cities NPDES co-permittee participation, the final pro rata share will be established upon the execution of similar Interlocal agreements by all the participating Municipalities Hold Harmless The CITY shall hold harmless -the COUNTY from any and all damages or other liability incurred by the CITY by virtue of any action which might be taken by EPA against the CITY based upon the results obtained during the sampling and reporting set forth by the Part 2 EPA NPDES Final Rule process 3 Access/City Permits The CITY shall provide the COUNTY with reasonable access at all times as necessary to accomplish thf analysis of any one of ten (10) outfalls which may be locatea within the CITY's jurisdiction The CITY shall obtain any CITY permits and CITY regulatory approvals required in order for the COUNTY to accomplish the analysis of any one of ten (10) outfalls which may be located within the CITY's jurisdiction Section VI County Event of Default Without limitation, the failure by the COUNTY to substantially fulfill any of it's material obligations in accordance with this Agreement, unless excuses are justified by Force Majeure, shall constitute a "COUNTY event of default" If a COUNTY event of default should occur, the CITY shall have all of the following rights and remedies which it may exercise singly or in combination 1 the right to declare that this Agreement together with all rights granted to COUNTY hereunder are terminated, effective upon such date as is designated by the CITY, 2 any and all rights provided under federal laws and the laws of the State of Florida Section VII City Event of Default In addition to the provision set forth in Section V, Compensation, and without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless excuses are justified by Force Majeure, shall constitute a "CITY event of default" If a CITY event of default should occur, the COUNTY shall have all of the following rights and remedies which it may exercise singly or in combination 1 the right to declare that this Agreement together with all rights granted to CITY hereunder are terminated, effective upon such date as is designated by the COUNTY, 2 any and all rights provided under federal laws and the laws of the State of Florida 4 Section VIII General Provisions Authorization to Represent CITY in NPDES Permit Application The CITY hereby authorizes the COUNTY to act on its behalf with respect to the outfall sampling portion of the NPDES permit application, and shall comply with all requirements imposed by EPA with respect thereto as a condition of the NPDES permit application Attendance at DERM Permit Application Review Meetings The CITY may, but is not required to, attend any or all regular meetings held by DERM staff for the purpose of reviewing the status of the NPDES permit application Termination Either party may terminate this Agreement without cause by providing sixty (60) days prior written notice of intent to terminate to the other party The CITY shall be entitled to reimbursement of monies paid to the COUNTY only in the event of termination for cause by the CITY, or termination without cause by the COUNTY, and the CITY shall then be entitled to such reimbursement only to the extent that services providing information useful to the CITY's NPDES permit application have not been rendered by the COUNTY Upon termination by either party, the CITY's NPDES permit application status shall revert to Individual Permit applicant Entire Agreement, Prior Agreements Superseded, Amendment to Agreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by the parties hereto or their representatives Headings Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein 5 Notices and Approval Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties as follows To County Dade County Department of Environmental Resources Management 111 N W First Street, Suite 1310 Miami, Florida 33128 Attn Department Director 305/375-3376 To City Attn. 305/ Performance by Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute Rights of Others Nothing in the Agreement express or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be kept and performed pursuant to this Agreement Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida The COUNTY and the CITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Dade County, Florida 6 Invalidity of Provisions The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the material purposes of this Agreement can be determined and effectuated Waiver There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement IN WITNESS WHEREOF, Metropolitan Dade County, Florida, has caused this Agreement to be executed in its name by the County Manager or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached, and the Village of Key Biscayne, Florida has caused this Agreement to be executed in its name by the Mayor or his designee, attested by the Clerk of the Village Council and has caused the seal of the Council to be hereto attached, all on the day and year first written above Marshall Ader, Clerk of the Board METROPOLITAN DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Attest By By Clerk of the Board County Manager FLORIDA Clerk of the City By `iff lerk AP ROVED AS TO FORM AND LE AL SUFFICIENCY By Assistant County Attorney 7 Village of Key Biscayne, BY ITS COUNCIL Attest By May RESOLUTION NO 92-32 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DETERMINING THE PROPOSED MILLAGE RATE AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC HEARINGS AS REQUIRED BY LAW, DIRECTING THE VILLAGE CLERK TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF METROPOLITAN DADE COUNTY PURSUANT TO THE REQUIREMENTS OF THE FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on July 1, 1992 the Honorable Joel W Robbins, Property Appraiser of Metropolitan Dade County, Florida, served upon the Village of Key Biscayne, a "Certification of Taxable Value" certifying to the Village of Key Biscayne its 1992 taxable value, and WHEREAS, since the Village of Key Biscayne will be levying a millage for the first time for the 1992-93 fiscal year budget, there is no rolled -back rate that can be reported to the Property Appraiser of Metropolitan Dade County, as is demonstrated by the Certification of Taxable Value, and WHEREAS, the provisions of Florida Statutes Section 200 065 require that within thirty-five (35) days of service of the Certification of Taxable Value upon a municipality, said municipality shall be required to furnish to the Property Appraiser of Metropolitan Dade County the proposed millage rate and the date, time and place at which a first public hearing will be held to consider the proposed millage and the tentative budget, and WHEREAS, the Mayor and the Board desire to announce the dates of the first and second public hearings to the Property Appraiser of Metropolitan Dade County, and WHEREAS, the Mayor and the Board of Trustees have reviewed the figures supplied by the Property Appraiser of Metropolitan Dade County and conferred at a public meeting with the Village Attorney and that being otherwise fully advised in the premises NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA Section 1 That the proposed millage for the first public hearing is hereby declared to be .00228 mills which is $2.28 per thousand dollars of assessed property within the Village of Key Biscayne Section 2 That the date, time and place of the first and second public hearings is hereby set by the Mayor and Board of Trustees as follows Date Time Place September 9, 1992 7 00 p m Key Biscayne Elementary School 150 West McIntyre Street Key Biscayne, FL 33149 September 29, 1992 7 00 p m Key Biscayne Elementary School 150 West McIntyre Street Key Biscayne, FL 33149 Section 3 That the Village Clerk and Village Manager are directed to attach the original Certification of Taxable Value to a certified copy of this resolution and serve the same upon the Honorable Joel W Robbins, Property Appraiser of Metropolitan Dade County, on or before August 5, 1992 2 Section 4 Effective Date This resolution shall be effective immediately upon its adoption by the Board of Trustees and approval by the Mayor PASSED AND ADOPTED this 23rd day of July , 1992 RAFAEL i CONTE, MAYOR AT ST 0,4463——r V LLAGE CLE'K PPROVED AS TO LEGAL SUFFICIENCY RICIRRD JAY WEISS, VILLAGE ATTORNEY 3 RESOLUTION NO 92-33 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION TO PROPOSE AN AMENDMENT TO THE VILLAGE CHARTER, CHANGING THE DESIGNATION OF THE VILLAGE "BOARD OF TRUSTEES" TO THE "VILLAGE COUNCIL" AND SUBSTITUTING FOR THE TERM "TRUSTEES" THE DESIGNATION "COUNCILMEMBERS", PROVIDING THAT THE ELECTION SHALL BE HELD ON THE THIRD DAY OF NOVEMBER, 1992 IN CONJUNCTION WITH THE GENERAL ELECTION, PROVIDING FOR TIMES AND PLACES OF BALLOTING, PROVIDING FOR NOTICE, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS Section 1 A special election is hereby called for the third day of November, 1992, in conjunction with the general election, to present to the electors of the Village of Key Biscayne the ballot question provided in Section 3 of this Resolution Section 2 Balloting shall be conducted between the hours of 7 00 a m until 7 00 p m at regular polling places for Village elections All qualified electors residing within the Village shall be entitled to vote Section 3 Notice of said election shall be published in accordance with Section 100 342, Florida Statutes, in a newspaper of general circulation within the Village at least 30 days prior to said election, the first publication to be in the fifth week prior to the election, and the second publication to be in the third week prior to the election, and shall be in substantially the following form NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO AN ORDINANCE DULY ADOPTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE OF KEY BISCAYNE ON NOVEMBER 3, 1992, BETWEEN THE HOURS OF 7 00 A M AND 7 00 P M , AT WHICH TIME THE FOLLOWING PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE OF KEY BISCAYNE Title Name change from "Board of Trustees" to "Village Council" Shall the Charter of the Village of Key Biscayne be amended to change the designation of the Village "Board of Trustees" to the "Village Council" and to substitute for the term "Trustees" the designation "Councilmembers"7 Yes No Section 4 Copies of the ordinances adopting the Charter amendments are on file in the office of the Village Clerk at the Village of Key Biscayne located at 85 West McIntyre Street, Key Biscayne, Florida 33149, and will be available for public inspection until 7 00 P M on the day of the election Section 5 Effective Date This resolution shall be effective immediately upon its adoption PASSED AND ADOPTED this 11th day Q f August , 1992 AT VI AGE CLERK caotta--- AP'ROVED AS TO LEGAL SUFFICIENCY RIC RD JAY WEISS, VILLAGE ATTORNEY \keybisca\reso\namechan 2 RAFAEL CONTE, MAYOR RESOLUTION NO 92-34 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION TO PROPOSE AN AMENDMENT TO SECTION 4 01(C) OF THE VILLAGE CHARTER, PROVIDING THAT IN CIRCUMSTANCES WHERE FOUR OR MORE MEMBERS OF THE BOARD OF TRUSTEES ARE INELIGIBLE TO VOTE ON A PARTICULAR MATTER DUE TO A CONFLICT OF INTEREST, THAT SUCH MATTER MAY BE VOTED ON AND APPROVED BY A UNANIMOUS VOTE OF THE REMAINING MEMBERS OF THE BOARD OF TRUSTEES, PROVIDING THAT THE ELECTION SHALL BE HELD ON THE THIRD DAY OF NOVEMBER, 1992 IN CONJUNCTION WITH THE GENERAL ELECTION, PROVIDING FOR TIMES AND PLACES OF BALLOTING, PROVIDING FOR NOTICE, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS Section 1 A special election is hereby called for the third day of November, 1992, in conjunction with the general election, to present to the electors of the Village of Key Biscayne the ballot question provided in Section 3 of this Resolution Section 2 Balloting shall be conducted between the hours of 7 00 a m until 7 00 p m at regular polling places for Village elections All qualified electors residing within the Village shall be entitled to vote Section 3 Notice of said election shall be published in accordance with Section 100 342, Florida Statutes, in a newspaper of general circulation within the Village at least 30 days prior to said election, the first publication to be in the fifth week prior to the election, and the second publication to be in the third week prior to the election, and shall be in substantially the following form NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO AN ORDINANCE DULY ADOPTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE OF KEY BISCAYNE ON NOVEMBER 3, 1992, BETWEEN THE HOURS OF 7 00 A M AND 7 00 P M , AT WHICH TIME THE FOLLOWING PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE OF KEY BISCAYNE Title Waiver of Four Vote Requirement In Conflict Of Interest Situations The Charter of the Village of Key Biscayne currently requires the affirmative vote of four Trustees for approval of any measure Shall the Charter be amended to permit a unanimous vote of the remaining members when four or more Trustees are ineligible to vote due to a conflict of interest pursuant to Florida law" Yes No Section 4 Copies of the ordinances adopting the Charter amendments are on file in the office of the Village Clerk at the Village of Key Biscayne located at 85 West McIntyre Street, Key Biscayne, Florida 33149, and will be available for public inspection until 7 00 P M on the day of the election Section 5 Effective Date This resolution shall be effective immediately upon its adoption PASSED AND ADOPTED this 11th day of Au ust , 1992 RAFAEL CONTE, MAYOR ATT VILLAV. E CLERK APPR ED AS TO LEGAL SUFFICIENCY RICH D JAY WEISS, VILLAGE ATTORNEY 2 RESOLUTION NO 92-35 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MUNICIPAL CODE CORPORATION FOR CODIFICATION AND RELATED SERVICES PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS Section 1 The Mayor is hereby authorized to enter into an agreement with Municipal Code Corporation for Codification and related services Section 2 This Resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 11th A EST W,Q 7 V LLAGE CLER A•'ROVED AS TO LEGAL SUFFICIENCY C1� tzne RICHARD JAY WE 14 S' ' ILLAE ATTORNEY day of August, 1992 Rafaejj,/ H Conte, Mayor RESOLUTION No 92-36 THE RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING THE EFFORTS OF KEY BISCAYNE RESIDENTS TO GATHER SUFFICIENT SIGNATURES ON PETITIONS WHICH WOULD PERMIT DADE COUNTY VOTERS TO EXERCISE THEIR CONSTITUTIONAL RIGHT TO PLACE ON THE BALLOT A REFERENDUM QUESTION WITH RESPECT TO THE "SAVE OUR PARKS AMENDMENT" AND PROVIDING AN EFFECTIVE DATE WHEREAS, the number of Key Biscayne residents have expressed concerns about the future use of County park lands, and WHEREAS, in addition to these residents of Key Biscayne, numerous residents in Dade County, have expressed similar concerns, and WHEREAS, the Board of Trustees of the Village of Key Biscayne support the efforts of local citizens to exercise their Constitutional Rights, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS SECTION 1 That the Board of Trustees of the Village of Key Biscayne support the efforts of Key Biscayne residents to gather sufficient signatures on petitions which would permit Dade County voters to exercise their Constitutional Right to place on the ballot a referendum question which would authorize the local citizenry to vote on the "Save Our Parks Amendment" which would restrict commercial development in Dade parks unless otherwise approved by voters at a referendum SECTION 2 EFFECTIVE DATE This resolution shall become effective upon adoption PASSED AND ADOPTED this 11th Attest Ar ING VIL A E CLERK Approved as to legal sufficiency VILLAGE ATTORNEY day of August , 1992 L CONTE, MAYOR RESOLUTION NO 92-37 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH METRO-DADE COUNTY OFFICE OF COMPUTER SERVICES AND INFORMATION SYSTEMS FOR PUBLIC ACCESS COMPUTER SERVICE TO COUNTY RECORDS AND RELATED SERVICES AND PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS Section 1 The Mayor is hereby authorized to enter into an agreement with Metro -Dade County Office of Computer Services and Information Systems for Public Access Computer Service to County Records and related services Section 2 This Resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 11th day of August, 1992 A $ EST VIL AGE CLERK APP"OVED AS TO LEGAL SUFFICIENCY RICHARD AY WE I S S , V ILAGE ATTORNEY Rafa H Conte, Mayor 4-14 f Cy Vtx \ 0 - RESOLUTION No 92-38 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE RATIFYING THE ACTIONS OF THE VILLAGE MANAGER TO TERMINATE THE AGREEMENT BETWEEN METROPOLITAN-DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR THE TERMINATION OF THE TRANSITION AND THE TRANSFER OF BUILDING AND ZONING FUNCTIONS TO THE VILLAGE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne and Metro -Dade County entered into an agreement to provide for a transition in the transfer of building and zoning functions which was approved by Resolution 91-01 on October 14, 1991 by the Village Board of Trustees (the "Agreement") WHEREAS, the Village Manager forwarded a letter dated July 29, 1992, to Mr Joaquin G Avino, County Manager, requesting termination of the Agreement effective September 1, 1992 or thereafter Section 1 That the Village Board of Trustees does hereby ratify the actions by terminating the Agreement effective September 1, 1992 Section 2 This Resolution shall be effective immediately from and after adoption hereof PASSED AND ADOPTED by a 6-0 vote of the Board of Trustees this 11th day of August , 1992 ATTEST A ING VILLAGE CLERK A'PROVED VILLAGE TTORNE RAFF$$L H CONTE MAYOR RESOLUTION NO 92-38-A A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DECLARING AN EMERGENCY EXISTS DUE TO THE DEVASTATION BY HURRICANE ANDREW, WAIVING COMPETITIVE BID REQUIREMENTS IN ACCORDANCE WITH SECTION 3 09 OF THE VILLAGE CHARTER, AUTHORIZING THE VILLAGE MANAGER TO IMPLEMENT EMERGENCY PROCEEDINGS AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Hurricane Andrew has caused devastation on Key Biscayne, damaging homes and property and making streets virtually impassable, and WHEREAS, many trees and power lines are down and are a danger to all traffic both vehicular and pedestrian, NOW, THEREFORE, be it resolved by the Mayor and the Board of Trustee of the Village of Key Biscayne, Florida as follows SECTION 1 That the Board of Trustees of the Village of Key Biscayne hereby declare a State of Emergency exists in the Village as a result of Hurricane Andrew SECTION 2 That, in accordance with Section 3 09 of the Village Charter, the Board of Trustees of the Village of Key Biscayne hereby determines that in this emergency it is impractical to contract for supplies, materials or services on a competitive bid basis SECTION 3 That the Board of Trustees of the Village of Key Biscayne hereby authorizes the Village Manager to implement appropriate emergency procedures to provide the necessary materials, supplies and services to cope with the aftereffects of Hurricane Andrew SECTION 4 This resolution shall become effective upon adoption PASSED AND ADOPTED this 25th day of August , 1992 /s/ Rafael Conte RAFAEL CONTE, MAYOR ATTEST /s/ Jack Neustadt ACTING VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY /s/ Richard Weiss VILLAGE ATTORNEY Scriveners Note Due to the circumstances resulting from the recovery efforts in the aftermath of Hurricane Andrew the original signed copy of this resolution was not recorded in the resolution book 2 RESOLUTION NO 92-38-B A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REQUESTING DADE COUNTY TO CONTINUE POLICE TRAFFIC CONTROL SERVICES AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Hurricane Andrew has caused varying degrees of devastation on Key Biscayne, damaging homes and property and making streets virtually impassable, and WHEREAS, many residents have not or have not been able to return to their homes which in many cases stand open and unsecured, and WHEREAS, many trees and power lines are still down and are a danger to all traffic both vehicular and pedestrian, NOW, THEREFORE, be it resolved by the Board of Trustee of the Village of Key Biscayne as follows SECTION 1 That Dade County continue the existing traffic control at the Rickenbacker Toll Plaza, beyond the repair of the traffic lights and until requested to discontinue by the Village of Key Biscayne SECTION 2 This resolution shall become effective upon adoption PASSED AND ADOPTED this 28th day of August , 1992 /s/ Rafael Conte RAFAEL CONTE, MAYOR ATTEST /s/ Jack Neustadt ACTING VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY /s/ Richard Weiss VILLAGE ATTORNEY 0 ` • _"" Q FLORIDA —1 -/SCA41(1 CO Scriveners Note Due to the circumstances resulting from the recovery efforts in the aftermath of Hurricane Andrew the original signed copy of this resolution was not recorded in the resolution book RESOLUTION NO 92-39 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING ITS DESIRE TO PLAN FOR AND ACHIEVE SAFE PEDESTRIAN AND BICYCLE CIRCULATION FOR THE VILLAGE RESIDENTS, AUTHORIZING THE MAYOR TO APPLY FOR FUNDS FROM THE DADE COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) PURSUANT TO RESOLUTION NO MPO - 20-92 BY SAID BODY, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pedestrian movement and bicycling are two important forms of transportation for residents of the Village of Key Biscayne, and WHEREAS, maintaining safe pedestrian and bicycle circulation within the Village of Key Biscayne is instrumental to assuring a high quality of life for Village residents, and WHEREAS, the absence of physical safeguards may compromise the safety of pedestrians, bicyclists and motorists in the Village, and WHEREAS, the Dade County Metropolitan Planning Organization (MPO) approved the establishment of a fund to be made available to Dade County municipalities for transportation planning and coordination activities in their Resolution No MPO 20-92 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA AS FOLLOWS Section 1 That the Village of Key Biscayne desires to plan for and achieve safe pedestrian and bicycle circulation throughout the Village which may ultimately include the incorporation of physical improvements to public rights -of -ways for same Section 2 That the Mayor is hereby authorized to apply for funds from the Dade County Metropolitan Planning Organization for the purpose of studying and developing a plan to ensure safe pedestrian and bicycle circulation within the Village Section 3 EFFECTIVE DATE This resolution shall become effective upon adoption PASSED AND ADOPTED this 9th day of September , 1992 Rafael ► Conte, Mayor Atte Acti.g Villag= Clerk APPROVED AS TO LEGAL SUFFICIENCY Richard =, ay =Wems Stephen J Helfman Attorney RESOLUTION NO A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE ADOPTING THE TENATIVE MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMEN- CING OCTOBER 1, 1992 THROUGH SEPTEMBER 30, 1993 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL), SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE MILLAGE RATE WHEREAS, on July 23, 1992 the Board of Trustees adopted Resolution No 92-32 determing the "Proposed Millage Rate" for the fiscal year commencing October 1, 1992 and further scheduled the public hearing required by Section 200 065 of the Florida Statutes to be held on September 9, 1992 at 7 00 P M , and, WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 9, 1992 at 7 00 P M at 150 W McIntyre Street, Key Biscayne, Florida, 33149 as required by Chapter 200 of the Florida Statutes, and, WHEREAS, the said public hearing as required by Section 200 065 (2) (c) was held by the Village Board on September 9, 1992 commencing at 7 00 P M in the evening as previously noticed and the public and all interested parties having had the opportunity to address their comments to the Village Board, and the Village Board having considered the comments of the public regarding the tenative millage rate and having complied with the "TRIM" requirements of the Florida Statutes NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE FLORIDA as follows SECTION 1 That the tentative millage rate for the Village if Key Biscayne for the fiscal year commencing October 1, 1992 through September 30, 1993 be and is hereby fixed at the rate of 00228 mils which is 2 28 dollars per thousand dollars of assessed property within the Village of Key Biscayne SECTION 2 That the "Proposed Millage Rate" of 00228 mils is hereby officially adopted as the tentative millage rate of the Village of Key Biscayne SECTION 3 That a final public hearing to adopt a millage rate and budget for the fiscal year commencing October 1, 1992 through September 30, 1993 be and is hereby set at the Key Biscayne Elementary School, 150 W McIntyre Street, Key Biscayne, Florida at 7 00 P M on Tuesday September 29, 1992 SECTION 4 That the Village Clerk be and is hereby directed to advertise the said public hearing as required by law PASSED AND ADOPTED this/ 9t day of September, 1992 A T ST RAF L CONTE, MAYOR itio-i,6--''-. TING VILLAGE CLERK PPROVED AS TO FORM RICHARD JAY WEISS, CITY ATTORNEY RESOLUTION 92-4/ A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE OPPOSING METRO DADE COUNTY'S ORDINANCE INCREASING THE COUNTY'S SHARE OF LICENSE FEES FROM INCORPORATED AREAS FROM TWO PERCENT (2%) TO THREE PERCENT (3%) WHEREAS, Metro Dade County had previously agreed with the cities that Dade County would receive two percent (2%) of the City Cable T V franchise fee and the cities would receive three percent (3%), and WHEREAS, the municipalities presently permit Cable T V within its municipal rights -of -way and the present percentage of three percent (3%) is a budgeted item, and WHEREAS, Dade County receives the entire fee in the unincorporated areas and there is no present justification to reduce the franchise fee within municipal limits by increasing the county's share to three percent (3%) NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE Section 1 The Village hereby opposes Metro Dade County's ordinance increasing the county's share of license fees from incorporated areas from two percent (2%) to three percent (3%) Section 2 The Acting Village Clerk shall cause copies of this resolution to be distributed to the Mayor and the Metro Dade County Board of County Commissioners cleW(CL-L" 9jt PASSED AND ADOPTED THIS day of t, 1992 V RAFAEL CONTE, MAYOR est leed(z-" V , LLAGE CLERK Approved as to Legal Sufficiency RESOLUTION NO. 92-0 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE SUPPORTING METRO-DADE COUNTY'S ORDINANCE PROVIDING FOR THE DISTRIBUTION OF DISABLED PARKING FINES. WHEREAS, Metro -Dade County has proposed an ordinance amending Chapter 30, Section 30-447 of the Code of Metropolitan Dade County, Florida, providing for distribution of disabled parking fines, a copy is annexed, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE Section 1 Section 2 The Village hereby supports Metro -Dade County's Ordinance providing for the distribution of disabled parking fines, in accordance with the following distribution A All fines collected in excess of twenty- five dollars ($25 00) for each violation shall be deposited in a separate account to be used in the following manner (1) One-third to be used to defray expenses for the administration of this article (ii) Two-thirds to be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons The two-thirds shall be distributed in the following manner Thirty percent (30%) to be retained by the County for county -wide purposes in accordance with state law, and seventy percent (70%) to be allocated to the governmental entity having jurisdiction over the violation The acting Village Clerk shall cause copies of this resolution to be distributed to the Mayor and the Metro -Dade County Board of County Commissioners Section 3 EFFECTIVE DATE This resolution shall become effective upon adoption PASSED AND ADOPTED this Q At i6L' day of 6/7------, 1992 Aching Village Clerk / APPROVED AS TO LEGAL SUFFICIENCY R4.-c-h-a-rd air161e4..s-s-, Village Attorney Stephen Helfman Rafa:1l H Conte, Mayor RESOLUTION NO 92-43 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO TAKE ALL NECESSARY ACTIONS TO TERMINATE CERTAIN STORMWATER, PARKS AND RECREATION, ATHLETIC FIELD, AND INTERNATIONAL TENNIS CENTER SERVICES NOW BEING PROVIDED BY METROPOLITAN DADE COUNTY AS LISTED IN PARAGRAPH II(B) OF THE INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne and Metropolitan Dade County entered into an Interlocal Agreement (the "Agreement") on July 21, 1992 to provide for "Continued Services," as the term is used in Paragraph II(B) of the Agreement, during fiscal year 1992- 1993, and WHEREAS, the Village Board of Trustees wishes to relieve the County of any responsibility for providing some of those "Continued Services" during fiscal year 1992-1993 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA AS FOLLOWS Section 1 That the Board of Trustees does hereby authorize the Village Manager to take all necessary steps in order to terminate Stormwater, Parks and Recreation, Athletic Field, and International Tennis Center services being provided by Metropolitan Dade County to the Village effective October 1, 1992 Section 2 Effective Date This Resolution will become oG ettective upon adoption by the Board of Trustees and approval by the Mayor Yt PASSED AND ADOPTED th..s day of 3.-afte;' 1992 RAFAEL H CONTE, MAYOR A ' l+ T. V.. ' LADE C ERIC PPROVED AS TO LEGAL FORM AND SUFFICIENCY Ric' RD TAY WEIgS , VILLAGE ATTORNEY T'y°nT T'TION NO 1]2-(16/ A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER OR HIS DESIGNEE TO TRANSMIT SURPLUS FUNDS TO THE U S GOVERNMENT ADVISORY PROGRAM FOR FLORIDA LOCAL GOVERNMENT FOR INVESTMENT AND TO WITHDRAW SURPLUS FUNDS FROM THE U S GOVERNMENT ADVISORY PROGRAM FOR FLORIDA LOCAL GOVERNMENT UPON NOTICE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne from time to time has funds on hand in excess of current needs ("Surplus Funds"),I and WHEREAS, it is in the best interest of the Village that Surplus funds be invested to return the highest yield consistent with proper safeguards, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the V "age Manager or his designee is hereby authorized to '-ransm t Surplus Funds to the U S Government Advisory Program for Florida Local Government to be invested according to applicable laws of the State of Florida consistent with the needs of the Village Such authorization includes authority to withdraw Surplus Funds from the U S Government Advisory Program for Florida Local Government by giving timely notice and appropriate confirmation Section 2 That this authorization shall be continuing in nature until revoked by the Village Section 3 Effective Date This resolution shall become effective upon adoption 1 k../1 PASSED AND ADOPTED this q day of Attlgetet, 1992 CONTE, MAYOR Attest VILLAGE LERK Appro ' ed as to Legal Sufficiency VILLAGE TTORN RESOLUTION NO 92-45 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE METRO-DADE COUNTY BUILDING AND ZONING DEPARTMENT TO RELEASE A UNITY OF TITLE FOR 690-700 HARBOR DRIVE (LOTS 9 AND 10, BLOCK 19, BISCAYNE KEY ESTATES, P B 50, PG 61) WHEREAS, a Unity of Title was proffered by the property owner and accepted by the Metro -Dade County Building and Zoning Department in November, 1989 in consideration of Class I permit no CC89-217 for the construction of a boat slip on the subject property at the request of the property owner, and WHEREAS, the boat slip has not been constructed and the building permit approvals have been deactivated by Metro -Dade County at the request of the property owner, and WHEREAS, the Unity of Title is deemed no longer necessary, NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Board of Trustees of the Village of Key Biscayne that release of the Unity of Title for Lots 9 and 10, Block 19, Biscayne Key Estates, P B 50 pg 61 by the Metro -Dade County Building and Zoning Department is hereby endorsed PASSED AND ADOPTED this 9th day of September, 1992 ATTEST BY VILLAGE OF KEY BISCAYNE BOARD OF TRUSTEES cting Vill ge Clerk r3 Rafae H Conte, Mayor ATTEST BY Villae Att: ney File No. Reso99.92 RESOLUTION NO A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH MANGUS INSTALLATION, INC FOR BURYING SEAWEED, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS Section 1 The Village Manager is hereby authorized to enter into an agreement with Mangus Installation to excavate trenches in order to bury the seaweed and other plant material "debris " This item includes loading all other material not referenced above and hauling and disposing of it at an approved dump site A copy of the agreement is attached hereto as Exhibit A Section 2 This Resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 14 day of Se•temb=r , 1992 RAFAEL CONTE, MAYOR A ST VIL £GE CLERK APPR•VED AS TO FORM AND LEGAL SUFFICIENCY VIL GE ATTORNEY )CT -16—q2 FRI 10 00 ,.7";ien 667404 P I6 30E223 5eptemer 13, 1992 CONTRACT THIS CONTRACT, made and entered into on the 14 day of September , 1992, by and between the V1lldye of Key Biscayne, Dade County, Florida, party of the f i rqt part (hereinafter called "Owner") , and MANGtIS INSTALLATIONS, INC 115 Harbor Dr , Key Biscayn . Fl 33149 party of the second part (hereinafter called "Contractor") , W I. T N E S S_ E_ T H That the parties hereto, for and in consideration of the covenants and cyLcements hereinafter set forth, mutually agree as follows, to wit ThtL Lhe Contractor shall furiioh all labor, materials, and equipment and perform all work in the manner and form provided by the Contract Dor..umeaLs covey ing the Project of the Owner known and identified as Owner Village of Key Biscayne Job Number 30E223 Job Name Trash and Debris Removal from t e Streets and Beaches of the village of Key Biscayne for the Unit Price amount reflected by the Proposal, said unit Price amount being Three_` Dollars and ,Eiahty=three Cents ( $3 83 ) Per Cubic Yard 2 That the Contractor shall begin the work to be performed under this Contract on a day to be specified in a written order issued by the Engineer, and shall fully complete all work hereunder within the time or times stated in the Proposal 3 That the Cwnor Ahal1 pay to the Contractor for the faithful performance of this Contract, in lawful money of the United States, and subject to additions and deductions as provided ) n the Contract Documents, the total amount of his bid as set forth above at the times and in a manner stated in the General CovennntR and Conditions of the Contract Documents 4 It is further mutually agreed that if at any time after the execution of this Contract and Contract Bond, the Owner shall deem the surety upon such bonds to be unsatisfactory, or if for any reason ouch bond shall become inadequate to cover the performance of the work, the Contractor shall at his do so, furnish an additional bond or bonds in such font and amount and with such surety or sureties as shall be satisfactory to the Owner In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security shall have been fuinished in a manner and form satisfactory to tho Owner C-1 ULT-15-92 FRI 10 08 6678484 P 04 Vans September 13, 1992 5 The "Contract Documents" are hereby defined as the Proposal, the Bid Items, the Contract, the NM-,ro 1-(1 Proceed, the Waiver of Lien, the General Conditions and any Addenda which may be issued The tormc and conditions of said Contract DociimiantR are s neorporated herein by reference and made a part hereof as though fully set forth herein The Contract Docunents are co rplemPnta.ry, so thAt a recital in one is tantamount to a recital in all, and the Contractor specifically ackriowledgec that he }1, read and understands all of said Contract Documents 6 The various indemnities of the Contractor contained in the Contract Documents ludemnilyiny the Owner from liability for damages to persons or property caused by acts, omissions, or defaults in the performance of the ContLdut DuculavaLs shall have a monetary limitation of the larger of the following $1,000,000 00 , or the entire amount of the Contract IN WITNESS WHEREOF, the parties hereto have executed this contract in two counterparts, each of which shall be deemed an original Contract, all as of the day and year hereinafter written in the owner's part OWNER'S PART (PARTY OF THE FIRST PART) Signature of Owner's (Witness Signature) Authorized Representative Date (Witness signature) CONTRACTOR'S PART (PARTY OF THE SECOND PART) NAME OF CORPORATION ,Mangus Installations, Inc Address 115 Ha.rbor D>rivet Key _]B.lscave t._ Florida ,33149 Signature of Contractor's (Witness Signature) Authorized Representative Print Name Wilfredo BorrotoIII, Official iitle President Date (Witness Signature) C-2 RESOLUTION NO 2 - L. 13 - A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH MANGUS INSTALLATION FOR LOADING, HAULING, AND DISPOSAL OF DEBRIS AT THE TEMPORARY STORAGE SITE, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS Section 1 The Village Manager is hereby authorized to enter into an agreement with Mangus Installation to load, haul, and dispose of all the debris located at the temporary storage site at Seaview Drive Also includes the raking and final cleaning of this site A copy of the agreement is attached hereto as Exhibit A Section 2 This Resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 14 day of Seat-mb 1992 RAFAEL '. CONTE, MAYOR AST VILLA E CLERK APPRO D AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY brand lax transmittal memo 7671 N 4f pages * Fro mr\k& 0'1 PU1 n r ((•� - Phone # {cmt 1__.. _ Fax WEI ;ONTRACT September 13, 1992 THIS CONTRACT, made and entered into on the 14 day of September_ 1992, by and between the Village of Key Biscayne, Dade County, Florida, party of the first part (hereinafter called "owner ), and MANGUS INSTALL7�TIONS, INC 115__Harbor Dr . Key Biscayne Fl 33149 party of the second part (hereinafter called "Contractor"), WITNESSETH That the parties hereto, for and in consideration of the covenants and agreements hereinafter set forth, mutually agree as follows, to wit 1 That the Contractor shall furnish all labor, materials, and e iiipmPnr And perform all work in the manner and form provided by the Contract Documents covering the Project of the Owner known and identified as Owner Village of Key Biscayne Job Number 30E223 Job Name Trash and Debris Removal from the Stroeto and Beaches of the Village of Key Biscayne for the Unit Price amount reflected by the Proposal, said Unit Price amount being Two Dollars and Third__.._._—_-------___-_- Cents (j 2 30 ) Per_ Cubic Yard 2 That the Contractor shall begin the wort to be performed under this Contract or a day to be specified in a written order issued by the Engineer, and shall fully complete all work hereunder within the time or times stated in the Proposal 3 That the Owner shall pay to the Contractor for the faithful performance of this Contract, in lawful money of the United States, and subject to additions and deductions as provided in the Contract Documents, the total amount of his bid as set forth above at the times and in a manner stated in the General Covenants and Conditions of the Contract Documents 4 It is further mutually agreed that if at any time after the execution of this Contract and Contract Bond, the Owner shall deem the surety upon such bonds to be unsatisfactory, or if for any reason such bond shall become inadequate to cover the performance of the work, the Contractor shall at his do so, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security shall have been furnished In a manner and form satisfactory to the Owner. c-1 s --7.i rRl Lem 'Of 6678484 P 02 30E223 September 13, 1992 5 The "Contract Documents" are hereby defined as the Proposal the Bid Items, the l ontract, the Notice to Proceed, the Waiver of Lien, the General Conditions and -any Addenda which may be issued The terms and conditions of said Contract Documents are incorporated herein by reference and made a part hereof as though fully set forth herein The Contract Documents are complementary, so that a recital in one is tantamount to a recital in all, and the Contractor specifically acknowledges that he has read and understands all of said Contract Documents 6 The various indemnities of the Contractor contained in the Contract Documents indemnifying the Owner from liability for damages to persons or property caused by acts, omissions, or defaults in the performance of the Contract Documents shall have a monetary limitation of the larger of the following $1,000,000 00 , or the entire amount of the Contract IN WITNESS WHEREOF/ the parties hereto have executed this Contract in two counterparts, each of whirh shAl1 be deemed an nri i nAl rontrac't , all as of the day and year hereinafter written in the Owner's part OWNER'S PART (PARTY OF THE FIRST PART) MP Signature of Owner's (Witness Signature) Authorized Representative Date (Witness Signature) CONTRACTOR'S PART (PARTY OF THE SECOND PART) NAME OF CORPORATION Manaus Installations, Inc Address 115 Harbor Drive, Key Biscayne, Florida 33149 Signature of Contractor's (witness Signature) Authorized Representative Print Name Wilfredo Borroto III Official Title Preside't Date. (W7tnpRR gicji t-iire) C-2 RESOLUTION NO 92-1(0-C, A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH DRIGGS CONSTRUCTION TO LOAD, HAUL, AND DISPOSE OF ALL OF THE DEBRIS FROM THE VILLAGE RIGHT-OF-WAY INCLUDING RAKING, SWEEPING, BROOMING AND FINAL DRESSING OF SWALES, STREETS AND SIDEWALKS, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS Section 1 The Village Manager is hereby authorized to enter into an agreement with Driggs Construction to load, haul, and dispose of all of the debris from the Village right-of-way Also includes raking, brooing and final dressing of swales, streets and sidewalks A copy of the agreement is attached hereto as Exhibit A Section 2 This Resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 14 day of Se te be. 1992 T EST VILLAGE CLE RAFAEL H CONTE, MAYOR AP ROVED AS TO FORM AND LEGAL SUFFICIENCY ATTO RNEY E ATTORNEY )CT -16-92 FRI 10 11 6676484 F-' CONTRACT 30E223 s,rptember 13t 1992 TNT CONTRACT, made and entered into on the 14. day of September 1992, by and between the Village of Key Biscayne, Dade County, Florida, party of the first part (hereinafter called "Owner"), and Driggs.._.__ Construction company, Inc. 5800 N Bay Road. Miami Beach. Fl 33140 party of the second part (hereinafter called "Contractor") , W I TN&S SE TH That the partial heretn, for and in consideration of the covenants and agreements hereinafter set forth, mutually agree as follows, to wit 1 That the Contractor shall furnish all labor, materials, and cqusprmont and perform all work in the manner and form provided by the Contract Documents covering the Project of the Owner known and identified as OWnai . Village of Key Biscayne Job Numbei 30E223 Job Name Trash and Debris_ R i«uveil ti um the $ eets and Beeches of the Village of .K„_,y Biscayne for the Unit Price amount reflected by the Proposal, said Unit Price amount being six Dollars and Ninety - Five CenLs ( $ 6 95 ) Per Cubic Yard 2 That the Contractor shall begin the work to be performed under this Contract on a day to be specified in a written order issued by the Engineer, and shall fully complete all work hereunder within the time or times stated in the Proposal 3 That the Owner shall pay to the Contractor for the faithful performance of this Contract, in lawful money of the United States, and subject to additions and deductions as provided in the Contract Documents, the total amount of his bid as set forth above at the times and in a manner stated in the General Covenants and C'ondttions of the Contract Documents. 4 It is further mutually agreed that if at any time after the execution of this Contract and Contract Bond, the Owner shall deem the surety upon suryh bonds to be unsatisfactory, or if for any reason such bond shall become inadequate to cover the performance of the work, the Contrart•or (han l at his do so, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall he sat, sfartory to the Owner In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional sorority shall have been furnished in a manner and form satisfactory to the Owner C-1 BOUT -b-92 FRI 10 11 6b78484 P 09 30E223 September 13, 1992 Tho "Contract Documents" are hereby defined as the Proposal, the Bid Items, the Contract, the Notice to Proceed, the Waiver of Lien, the General Conditions and any Addenda which may be issued The terms and conditions of said Contract Documents are incorporated herein by Lercle17[.e and made a part hereof as though fully set forth herein The Contract Documents are complementary, so that a leclLal iu one is tantamount to a recital in all, and the Contractor specifically acknowledges that he has read and undeL titai db all of said Contract Documents 6 The various indemnities of the Contractor contained in the Contract Documents incemnifying the Owner from liability for damages to persons or property caused by acts, omissions, or defaults in the performance of the Contract Documents shall have a monetary _.imitation of the larger of the following $1,000,000 00 , or the entire amount of the Contract IN WITNESS WHEREOF, the parties hereto have executed t'h) A cnntract in two counterparts, each of which shall be deemed an original Contract, all as of the day and year hereinafter wr,ttpn in the Owner's part OWNER'S PART (PARTY OF THE FIRST PART) Signature of owner's (Witness Slyndture) Authorized Representative Date (Witness Signature) CONTRACTOR'S PART (PARTY OF TIE SECOND PART) NAME OP CORPORATION Driggs Construction Company, Inc Address 5800 N Bay Road, Miauu. Beach, F1 13140 / Sl.yuatre of L.ontractor's (Witness Signature) Authorized Representative Print Name Henry Keel Official Title Partner (witness Signature) Date 1-K1 10 fj.j 1- ICI 30E223 September 16, 1992 ,CONTRACT, THIS CONTRACT, made and enter e0 into on the 14 day of September , 1992, by anfl hatween the Village of Key Biscayne, Dade County, Florida, party of the first part (hereinafter called "Owner") , and _Driggs Con truction_Ompany, Inc. 5800 N Bay Road, Miami Beach, Fl. 311.1A party of the second part (hereinafter called "contractor") ; wITNES SETH That the parties hereto, for and in consideration of the covenants and agreements hereinafter set forth, mutually agree as follows, to wit 1 That the Contractor shall furnish all labor, materials, and equipment and perform all work in the manner and form provided by the Contract Documents covering the protect of the Owner known and identified as Owner: Village of Key Biscay Job Number: 30E223, Job Name* Trash and Debris_ Removal from the Streets and Beaches of the Village of Key Biseay , for tho Unit Price amount reflected by the Proposal, said Unit Price amount being Six Dollars and , Ninety. - _Five . Cents. (_ S 6.95 ,) per Cubic Yard. 2 That the Contractor shall begin the work to be performed under this Contract on a day to be specified in a written order issued by the Enyineex, and shall fully complete all work hereunder within the time or times stated in the Proposal 3. That the Owner shall pay to the Contractor for the faithful performance of this Contract, in lawful money of the United States, and subaect to additions and deductions as provided in the Contract Documents, the total amount of his bid as set forth above at the times and in a manner stated in the General Covenants and conditions of the contract uocuments 4 It is further mutually agreed that it at any time after the execution of this Contract and Contract Bond, the Owner shall deem the surety upon such bonds to be unsatisfactory, or if for any reason such bond shall become inadequate to cover the performance of the work, the Contractor shall at his do so, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security shall have been furnished in a manner and form satisfactory to the Owner. Cl OCT-16-92 FRI 10 10 6678484 P 06 30223 3rptrfitier 16, 1902 5 The "Contract Documents" are hereby 1efined as the Proposal, the Bid Items, the Contract, the Notice to Proceed, the Waiver of Lien, the General Conditions and any Addenda which may be issued The terms and conditions of said Contract Documents are incorporated herein by reference and made a part hereof as though fully set forth herein. The Contract Documents are complementary, so that a recital in one is tantamount to a recital in all, and the contractor specifically acknowledges that he has read and understands all of said Contract Documents. 6. The various indemnities of the Contractor contained in the Contract Documents indemnify3ncl the Owner from liability for damages to persons or property caused by acts, omissions, or defaults in the performance of the Contrart nocuments shall have a monetary limitation of the larger of the following: $100/000.00 , or the entire amount of the Contract m_further described in the September 15, 1222 1et_ r . IN WITNESS WHEREOF, the parties hereto have executed this Contract in two c,vu11tezpoiis, each of which ohall be deemed an original Onntract, all as of the day and year hereinafter written in the Owner's part. ER' S, PAT (PART Y OF THE FIRST PART) Signature of Owner's Authorized Representative Date: _{ 0( /6,./ I (Witness Signature) (Witness Signature) CO 'TRACTOR' S FART (PARTY OF THE SECOND PART) NAM? OF CORPORATION Driggs Construction Company. Inc. Address 5R00 n Ray Road,_MiAmi Beach. Fl. 33140 6/P Signature of Cana actor's Authorized Repre ntative Print Name: Steve Reece Official Title• vice President, C2 (witness Signature) (Witni7qA cCigna re) RESOLUTION NO 92-47 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE EXPRESSING OPPOSITION TO THE BURNING OF FALLEN AND OTHERWISE HURRICANE AFFECTED VEGETATION BY THE FLORIDA DEPARTMENT OF NATURAL RESOURCES (DNR) AT BAGGS FLORIDA STATE RECREATION AREA ON KEY BISCAYNE WHEREAS, the Florida Department of Natural Resources (DNR) in cooperation with the U S Army Corps of Engineers and the Federal Emergency Management Agency (F E M A ) have organized a push and burn and chipping operation at the Bill Baggs Cape Florida State Recreation Area, as per a press release dated September 11, 1992, a copy of which is annexed, and WHEREAS, the Village supports the Push and Chip operation for the removal of the trees which have been uprooted and broken at the Park, and WHEREAS, the prevailing southeast wind will be a health hazard to our areas residents during the burn, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS SECTION 1. That the Board of Trustees at the Village of Key Biscayne supports the plan to push and chip the trees that have been uprooted and broken SECTION 2 That the Board of Trustees of the Village of Key Biscayne opposes the planned burning operation of the Park which shall last over one month SECTION 3 That the Board of Trustees of the Village of Key Biscayne requests that the Department of Natural Resources (DNR), U S Army Corps of Engineers and the Federal Emergency Management Agency to seek other alternatives to the burn operation Page 1 of 2 SECTION 4. That the Board of Trustees at the Village of Key Biscayne instruct the Village Manager to notify the appropriate national, state, and county appointed and elected officials of the Village's opposition to this burning plan SECTION 5 The Village Manager is hereby directed to continue to dispose of all household and tree debris at the county transfer station and City of Miami disposal site SECTION 6 EFFECTIVE DATE This resolution shall be effective upon adoption PASSED AND ADOPTED this 18th A ST VI LAGE CLE APPROVED AS TO b GAL. SUFFICIENCY RICHAR JAY WEIS VILLAGE ATTORNEY Page 2 of 2 day of September, 1992 Rafael Conte, Mayor RESOLUTION NO 92-17- A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO APPLY FOR, RECEIVE AND EXPEND FUNDS FROM THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION'S ECONOMIC ADJUSTMENT (TITLE IX) PROGRAM AS A SUB -GRANTEE WHEREAS, on August 24, 1992, Hurricane Andrew caused many deaths of many Dade County residents as well as damages and losses to both public and private property of approximately $20 0 billion, and WHEREAS, the substantial damages to the economic infrastructure of Dade County, particularly to South Dade, resulted in sudden and severe economic dislocation of many workers and businesses, and WHEREAS, neither Dade County nor the affected municipalities have, by themselves, the resources required for the rehabilitation, replacement or repair of damaged and/or destroyed properties, and WHEREAS, the President of the United States has declared Dade County a National Disaster Area, and has offered the resources of the Federal government to Metropolitan Dade County and the affected municipalities located within the County, and WHEREAS, Dade County desires to take advantage of the funding available through the United States Department of Commerce, Economic Development Administration (EDA), Economic Adjustment (Title IX) Program to aid in the planning, development and implementation of immediate and important economic development projects, and WHEREAS, the Board of Trustees of the Village of Key Biscayne, Florida, outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, therefore, be it further resolved that the Village of Key Biscayne Board of Trustees authorizes the Village Manager to apply as a sub -grantee to the United States Department of Commerce, Economic Development Administration for Title IX Program funds, to execute such contracts and agreements as are required by this governmental body following approval by the Village Attorney's Office, and to expend any and all monies received for the purposes described herein VI LAGE CLERK Page 2 Resolution No 91-'47-4 Passed and adopted by a unanimous vote of the Board of Trustees this 18 day of September , 1992 RAFAEL CONTE, MAYOR AP ROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY RESOLUTION 92-48 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR INTEREST RATE, TERMS, MATURITY AND OTHER DETAILS OF INDEBTEDNESS IN THE AMOUNT OF UP TO $1,000,000 AS APPROVED BY ORDINANCE ADOPTED ON SEPTEMBER 1, 1992, PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE WHEREAS, pursuant to ordinance adopted on September 1, 1992, under authority of Section 4 03 (6) of the Charter of the Village of Key Biscayne, the Board of Trustees approved borrowing funds in an amount not to exceed $1,000,000 to pay for various municipal expenses, and WHEREAS, such ordinance provided in Section 2 thereof, that the interest rate, terms, maturity and other details of such indebtedness are subject to approval by the Board of Trustees by subsequent resolution, and WHEREAS, the Board of Trustees desires to implement the authorization to borrow money as provided by the above referenced ordinance of September 1, 1992 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, THAT• Section 1 The attached term note by and between the Village of Key Biscayne, Florida, and the Key Biscayne Bank & Trust Company, which authorizes incurring indebtedness in an amount of up to $1,000,000 to pay for various municipal expenses and services is hereby approved and the Mayor and Village Clerk are hereby authorized, in their respective capacities, to execute such note on behalf of the Village of Key Biscayne Section 2 The Mayor, Vice Mayor, Village Clerk and to $1,000,000 to pay for various municipal expenses and services is hereby approved and the Mayor and Village Clerk are hereby authorized, in their respective capacities, to execute such note on behalf of the Village of Key Biscayne Section 2 The Mayor, Vice Mayor, Village Clerk and Village Attorney are hereby authorized, empowered and directed to execute and deliver such other documents and to take such other actions which shall be necessary and appropriate to incur the indebtedness in accordance with law Section 3 The interest rate, terms, maturity and other details of the above referenced indebtedness are as set forth in the attached term note, and as follows A Interest Rate The interest rate is a variable rate as set forth in the note at the per annum rate of 2 25% below the Wall Street Journal prime rate of interest as published from time to time, or as otherwise provided in the note for a maximum of the prime rate B Term The term of the note shall be for and shall not exceed a twelve (12) month period C Maturity The outstanding principal shall be payable twelve (12) months from the date of the note D Other Details Interest is payable monthly, with the outstanding principal being due and payable twelve (12) months from the date of the note The note may be prepaid at any time in whole or in part without premium or penalty upon the giving of notice by the Village to the registered owner at least two (2) business days prior to said anticipated date of such prepayment The note shall not be nor constitute a general obligation of the Village nor shall it constitute a pledge of the full faith and credit of the Village The note shall be repaid by the Village through taxes, fees and other revenues received by the Village which are lawfully available for payment The budget of the Village shall provide a line item, if and as necessary, for payment of the interest and principal of the note Section 4 This resolution shall be effective immediately from and after adoption hereof PASSED AND ADOrTED by Trustees this /I day of ATTE.T ,a(A)40 V/i.11age Clerk APPROVED ))0L(01, vote of the Board of (14,, 1992 RAFAEL CONTE, MAYOR No 2 $1,000,000.00 UNITED STATES OF AMERICA STATE OF FLORIDA VILLAGE OF KEY BISCAYNE, FLORIDA TERM NOTE KNOW ALL MEN BY THESE PRESENTS, that the Village of Key Biscayne, Florida (the "Village"), a public body corporate and politic, created and existing under and by virtue of the laws of the State of Florida, for value received, hereby promises to pay to Key Biscayne Bank and Trust Company, Key Biscayne, Florida, or to its registered assigns or legal representatives (the "Registered Owner"), the principal sum of ONE MILLION DOLLARS ($1,000,000 00) and to pay interest thereon from and including the date hereof until this Note is fully paid or redeemed at the per annum rate of 2 25% below the Wall Street Journal Prime Rate of interest as published from time to time Interest is payable monthly with the outstanding principal due and payable twelve (12) months from date hereof This Note may be prepaid at any time in whole or in part without premium or penalty upon the giving of notice by the Village to the Registered Owner at least two (2) business days prior to said anticipated date of such prepayment The fixed interest rate set forth herein is based on the assumption that this Note is a "qualified tax exempt obligation" within the meaning of Section 265 (b) (3) of the Internal Revenue Code of 1986 In the event that (1) the interest on this Note is ever determined to be taxable for purposes of federal or state income taxation, or (11) any or all of the interest on this Note is deemed to be includable in the gross income of the Registered Owner for purposes of federal state income taxation, or (iii) the Registered Owner (if such owner is a bank) is unable to continue to deduct 80% of the cost of interest payments incurred to purchase or carry this Note, or (iv) the Registered Owner (if such owner is a bank) is unable to deduct any other amounts as a result of purchasing or carrying this Note, or (v) the federal or state income tax rate applicable to the Registered Owner is reduced below the tax rate provided in existing legislation, or (vi) the federal alternative minimum tax to which the Registered Owner is subject is increased, or (vii) the method of calculating the federal alternative minimum tax is changed or any other amendment or change of law, rule, or regulation occurs which has the effect of decreasing the after-tax yield on this Note to the Registered Owner, then, as of the effective date of any such event, the interest rate on this Note shall be automatically increased to a rate which will preserve the after-tax yield to the Registered Owner at the same rate realized by the Registered Owner immediately prior to such event, subject to the restriction that such interest rate shall not exceed the Wall Street Journal Prime Rate of interest As soon as practicable after the occurrence of any such rate increase, the Registered Cotner shall notify the Village of such increase and furnish the Village with a written statement setting forth the basis and computation on which such increase is based The Registered Owner's computation shall be conclusive unless patently erroneous The Village shall promptly pay to the Registered Owner any additional interest that may be due for interest periods prior to notification of any such increase in rate This obligation shall survive payment of this Note This Note is issued to finance emergency interim funds to pay for various municipal expenses created as a result of Hurricane Andrew until such time as it begins to receive revenues from various sources, pursuant to the authority of and in full compliance with the Constitution of the State of Florida, Article 8, Section 2(b) of the Constitution of the State of Florida, which grants to municipalities such governmental, corporate and propriety powers as are necessary in order to enable them to conduct municipal government, perform municipal functions, and render municipal services, and Section 166 021 (4), Florida Statutes 1990, which grants to municipalities all powers not expressly prohibited by the Constitution, general or special law, or County Charter, and Section 4 03 (6) of the Charter of the Village of Key Biscayne which provides that the Village Board of Trustees may by ordinance borrow money, as authorized by ordinance adopted on September 1, 1992, and Resolution No 92- adopted by the Village on September , 1992 (the "Resolution") This Note is subject to the terms and conditions of the Resolution and capitalized terms not otherwise defined herein shall have the same meanings as ascribed to them in the Resolution This Note is payable in the manner and to the extent provided in the Resolution Reference is made to the Resolution for the provisions, among others, relating to the terms, for this Note, the rights and remedies of the Registered Owner and the extent and limitation on the Village's rights, duties and obligations, to all of which provisions the Registered Owner hereof assents by acceptance hereof This Note shall constitute a revenue anticipation note This Note shall not be deemed to constitute a general obligation of the Village nor shall it constitute a pledge of the faith and credit of the Village It shall be paid in accordance with the above referenced Resolution and ordinance Notwithstanding anything to the contrary herein, the indebtedness incurred hereunder shall be effective only to the extent that the Village draws funds on the Line of Credit established hereunder in an amount not to exceed One Million Dollars ($1,000,000 00) Interest shall only accrue on the principal which is so drawn The Village does hereby covenant with the Registered Owner of this Note that it will make no use of the proceeds of this Note which would cause this Note to be treated as an "arbitrage bond" under Section 148 of the Internal Revenue Code of 1986 and the regulations prescribed and proposed thereunder, or take any other action which would otherwise cause the interest on this Note to become taxable to the Registered Owner hereof under federal law No officer, agent, employee or member of the Board of Trustees of the Village shall be personally liable for any indebtedness hereunder Notwithstanding any provisions to the contrary contained herein, interest payable under this Note shall in no event exceed the maximum rate allowed by applicable law from time to time It is hereby certified and recited that all acts, conditions and things required to exist, to happen ant to be performed precedent to and in the issuance of this Note exist, have happened and have been performed in regular and due form and time as required by the laws and the Constitution of the State of Florida applicable hereto, and that the issuance of this Note does not violate any constitutional or statutory limitation or provision IN WITNESS WHEREOF, the Village of Key Biscayne, Florida has issued this Note and has caused the same to be signed by the Mayor of the Village and attested and countersigned by the Clerk of the Village, with their manual signatures, and its corporate seal to be affixed hereon, all as of the 10th day of September, 1992 (SEAL) Attest t By (ea rP(//4 erk VILLAGE OF KEY BISCAYNE, FLORIDA -3- BY MA► OR rEY Q FLORIDA - • -- RESOLUTION NO 92-49 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ROBERT K. SWARTHOUT, INCORPORATED, TO PREPARE A COMPREHENSIVE PLAN FOR THE VILLAGE OF KEY BISCAYNE, FLORIDA. BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, as follows, SECTION 1 The Mayor is hereby authorized to enter into an agreement, copy annexed, with Robert K Swarthout, Incorporated, 400 South Dixie Highway, Suite 121, Boca Raton, Florida 33432-6023, to prepare a comprehensive plan for the Village of Key Biscayne, Florida, pursuant to the regulations and requirements stipulated in Florida Statutes Chapters 163, Florida Administrative Code Chapter 9J-5 and all other applicable laws and regulations SECTION 2 Costs associated with the services of preparing The Comprehensive Plan shall be charged against Master Plan 600318, 1992 - 1993 Annual Budget SECTION 3 This resolution shall take effect immediately upon its adoption PASSED AND ADOPTED THIS 29th DAY OF SEPTEMBE , 992 Rafae H Conte, Mayor ATTEST Village Cler APPROVED AS TO LEGAL SUFFICIENCY Richard J Weiss, Village Attorney RESOLUTION NO g'4 4 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF REY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1992, THROUGH SEPTEMBER 30, 1993, PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL). RECEIVED SEP 30 1992 ME1RoPu 1 ig UHUE COUNTY DEPT. f ROPER TY APPRAISAL WHEREAS, on September 9, 1992, the Board of Trustees adopted the "Proposed Millage Rate" for the fiscal year commencing October 1, 1992, and further scheduled the final public hearing required by Section 200 065 of the Florida Statutes to be held on September 29, 1992, at 7 00 P M , and, WHEREAS, pursuant to Section 200 065 of the Florida Statutes the Property Appraiser has made tax assessments for all real property within the jurisdiction of the Village of Key Biscayne, and, WHEREAS, the said public hearing, as required by Section 200 065 (2) (c), was held by the Village Board on September 29, 1992, commencing at 7 00 P M in the evening as previously advertised and the public and all interested parties having had the opportunity to address their comments to the Village Board, and the Village Board having considered the comments of the public regarding the millage rate and having complied with the "TRIM" requirements of the Florida Statutes NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE FLORIDA as follows SECTION 1 That the millage rate for the Village of Key Biscayne for the fiscal year commencing October 1, 1992 through September 30, 1993, be and is hereby fixed at the rate of 00228 mils which is 2 28 dollars per thousand dollars of assessed property within the Village of Key Biscayne 1992 SECTION 2 This Resolution shall take effect on October 1, t PASSED AND ADOPTED this 29th day of Septemb k/1992 qtr RAFAEL CONTE, MAYOR AT T iva AC ING VIL £GE CLERK PROVED AS TO FORM RICHARD JAY WEISS, CITY ATTORNEY RESOLUTION NO 92- 5 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING SPECIFIED PERSONS TO EXECUTE CHECKS, REPEALING PRIOR AUTHORIZATION TO EXECUTE CHECKS AND PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That the Village Clerk is hereby authorized to execute checks on behalf of the Village in an amount not to exceed $2,500 00 per check Section 2 That the Village Clerk together with the Mayor, Vice Mayor or any other Trustee are hereby authorized to execute checks on behalf of the Village without limitation on the amount of said check Section 3 This Resolution specifically supersedes Resolution Number 92-19 Section 4 This Resolution shall become effective upon adoption PASSED AND ADOPTED by a 7-q0 vote of the Board of Trustees this day of 0/-4-°12e)(- , 1992 RAFAE H CONTE, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY r VIL E ATTORNEY RESOLUTION NO. 1 2 - 52 - RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH NAPOLES AND SON TO PERFORM 24 HOUR EMERGENCY SERVICES AT THE DIRECTION OF THE VILLAGE MANAGER FOR THE VILLAGE BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS SECTION 1. The Mayor is hereby authorized to enter into an agreement with Napoles and Son for 24 hour emergency services SECTION 2. The resolution shall take effect immediately upon adoption 54/tt PASSED AND ADOPTED this , day of 0 tober, 1992 Rafae ! H Conte, Mayor ATT VILLAG I RK APPROVED AS TO LEGAL SUFFICIENCY RICHARD JAY WEISS VILLAGE ATTORNEY RESOLUTION NO 12- 53 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, COMMENDING COMMENOZ GALLERY, SERGE AND NAYDU COMMENOZ, ALAIN DE GRELLE, AND THEIR EFFORTS ON BEHALF OF BEAUTIFICATION ON KEY BISCAYNE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS WHEREAS, Commenoz Gallery held a silent auction on September 25, 1992, and WHEREAS, Serge and Naydu Commenoz are the owners of the Commenoz Gallery, and WHEREAS, Alain De Grelle, donated all the items sold, and WHEREAS, At said silent auction, $714 00 was raised by the gallery and presented to the Village of Key Biscayne to establish a beatification fund, NOW, therefore, be it further resolved that the Village of Key Biscayne recognizes the Commenoz Gallery, Serge and Naydu Commenoz, Alain De Grelle, and their efforts in raising $714 00 for the establishment of a beautification fund Passed and adopted by a 7—° vote of the Board of Trustees this `124A day of 0G -41347e)(- 1992 RAFAEL H CONTE, MAYOR VILLAG C APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY RESOLUTION NO. 2^ Jl RESOLUTION AUTHORIZING FILING OF APPLICATION FOR COMMUNITY DISASTER LOAN WHEREAS, Hurricane Andrew has caused devastation which has led to economic disaster, and WHEREAS, economic disaster is considerable and will require substantial financial expenditures to control and overcome , and WHEREAS, there exists a Community Disaster Loan Program, funded by the federal government, and administered by Federal Emergency Management Agency (FEMA), for the purpose of making monies available to qualified applicants, to alleviate such devastation as that which has beset Key Biscayne, and WHEREAS, monies are now available under this program, NOW THEREFORE BE IT RESOLVED, that the Village Manager is authorized to file said application and to execute any and all documents on behalf of the Village, and to pursue funding on its behalf PASSED AND ADOPTED THIS 1- DAY OF OC •BE , 992 RAFAEL APPROVED AS TO LEGAL SUFFICIENCY RICHARD JAY WEISS VILLAGE ATTORNEY CONTE, MAYOR RESOLUTION NO. 92-55 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A REQUEST FOR A WAIVER OF PLAT BY RICHARD STRAUSS FOR 690-700 HARBOR DRIVE (LOTS 9 & 10, BLOCK 19, BISCAYNE KEY ESTATES, P B 50, PG 61) WHEREAS, a Waiver of Plat application was submitted by the property owner to the Metro -Dade County Plat Committee, and WHEREAS, the Metro -Dade Plat Committee has requested approval by the Village Board of Trustees prior to granting said Waiver of Plat, and WHEREAS, the Waiver of Plat will result in two single family buildings sites which are consistent and compatible with development patterns in the Village and in compliance with subdivision regulations, NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Board of Trustees of the Village of Key Biscayne that a Waiver of Plat for Lots 9 & 10, Block 19, Biscayne Key Estates, P B 50 Pg 61 as reflected on the Waiver of Plat plan prepared for Richard Strauss by Ford, Armenteros, and Manucy, Inc , dated revised July 13, 1992, is hereby approved, subject to the following conditions 1 That the plan show the following prior to issuance of further plat action a Maintenance easement at the southeast corner of Lot 10 b Monumentation of new parcel boundary line c Compliance with Dade County Flood Criteria (5 0 ' N G V D ) d Correct "survey the line" along the seawall such that all parcels close 2 That a fully executed Unity of Title to be submitted prior to further plat action unify Lots 9 and 10 until the existing residence is demolished. File No. RESO\92-55 3 That a fully executed Unity of Title for proposed Parcel 2 be submitted prior to the issuance of a building permit for said parcel 4 That connection to public water and sewer systems be provided, if required by Dade County, prior to developing the subject parcels 5 That each of the parcels be filled to Dade County Flood Criteria elevation (5 0' N G V D ) prior to their development 6 The site drainage plans for each of the parcels be approved by the Village Engineer prior to issuance of a building permit for each lot 7 That underground telephone and electrical service be provided 8 That the requirement for installation of a sidewalk be waived 9 That concurrency review be performed by the Village, as may be required PASSED AND ADOPTED this 13th day of October, 1992 VILLAGE OF KEY BISCAYNE BOARD OF TRUSTEES ATTEST BY VILLAGE ATTO EY File No. RESO\92-55 RAFAEL CONTE, MAYOR RESOLUTION NO Q 2- 519 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE VILLAGE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS SECTION 1. The Mayor is hereby authorized to execute a reimbursement agreement on behalf of the Village with the Florida Department of Transportation to provide approximately $156,200 from the United States Department of Transportation, Federal Highway Administration, to replace median and roadside landscaping destroyed by Hurricane Andrew. SECTION 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED BY A 1-0 VOTE OF THE BOARD OF TRUSTEES THIS '21i-'- DAY OF O0.c%-ear , 1992 RAFAE H CONTE, MAYOR ATTE� VILLAGE APPROVED AS TO FORM AND LEGAL SUFFICIENCY \4/ VILLA TTORNEY 9v` Sit .ti"f.-4). t's `, 37), ���`�1 �( -r�'7 �rzrc� � '4i� r�cirrr ~ �'r �r�7'I h r lir-r-r-,-- ) h rti �1 A ,.... t'''' ',...7'., �.1L... .���9r.�.i ♦ r.1t.i r.fl-+� : 0t..W...u��ir� �.11.�X.r. _ G r ' �t - _ I The Village of Key Biscayne &ef�otutton 92-57 .Aft YA eijill& —_ _— ( \ !„ A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, COMMENDING THE ST AGNES CATHOLIC CHURCH YOUTH GROUP BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS - Wrfieae On October 31, 1992 the Department of Recreation sponsored a trip to Florida City where residents and victims of Humcane Andrew are living, and VAreae Over 400 bags of candy and pnzes were handed out to children bringing Halloween to those who suffered greatly from Andrew, and Xie.rea4 Without the support of St Agnes Catholic Church Youth Group, this event would not have been possible, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE THAT IT RECOGNIZES THE OUTSTANDING ACCOMPLISHMENTS OF THE ST AGNES CATHOLIC CHURCH YOUTH GROUP PASSED AND ADOPTED BY A UNANIMOUS VOTE OF THE VILLAGE COUNCIL THIS 10TH DAY OF NOVEMBER, 1992.._ AT VILLA C CLERK � l RAFAEL1H CONTE, MAYO R is m fi I4 / m.44-7 wisn . 44.*Nrta1.6, ry•dr•ev.v4N6tamil kfi'll° 41.‘41".ii ki{'61"4,A\61".niCk-'41"kf4",1"11744“i'1174•610 t'lvilawavA,VSmmin Attql/WrIttelofictin 4011 -Ito* Mir4V. V.P4 1' S 2 n 6'zJ�"�z ^ t 7♦ t s . '-rte s &ttrrrzl r ., Jas Lui czt \�I,'Si r ✓ j The Village of Key Biscayne 12eotutton 92-58 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, COMMENDING THE ROTARY CLUB BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Yrr%.•eae On October 31, 1992 the Department of Recreation sponsored a trip to Flonda City where residents and victims of Humcane Andrew are living, and 7!/'eae Over 400 bags of candy and prizes were handed out to children bnngmg Halloween to those who suffered greatly from Andrew, and . edd Without the support of the Rotary Club, this event would not have been possible, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE THAT IT RECOGNIZES THE OUTSTANDING ACCOMPLISHMENTS OF THE ROTARY CLUB PASSED AND ADOPTED BY A UNANIMOUS VOTE OF THE VILLAGE " COUNCIL THIS 10TH -DAY OF NOVEMBER, 1992 AT AT VILLAG C RAF • : H CONTE, MAYOR --r a�'F1 \ f -I r �.�a i- 7� + s .r - r� s r x .� s n sav mi s .�. �- .�.a s ..r sy► +- •�' 4 s * _�� � a �„► T �'' ,, 7:141'' t,,,,►•� , 1,,,1 70 ''�,,,'" 1 � � � ��L r i u '\ `r 8 °� "° tit �VOSIII6g4„ ,Vbit-44144WY44\0") �f` ,�x'-rw Yom' ``s ' , .. `.c'i�.c...�, �, 'r r- S ^ �.,. ^'`4'v��Q.tr t,.)Jr S- 'c JY tY J - C RESOLUTION NO 92-59 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING FEDERAL, STATE, AND COUNTY GOVERNMENTS TO ADOPT MEASURES TO MITIGATE EFFECTS OF FEMA'S 50% RULE, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS WHEREAS, the National Flood Insurance Act of 1968, as amended (FEMA'S 50% Rule), can have an adverse impact on post -Andrew rebuilding efforts on Key Biscayne, and WHEREAS, Federal, State and County governments can take action to mitigate the effects of the 50% Rule, NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE THAT Section 1 The Village of Key Biscayne urges its Federal, State and County governments to adopt measures to mitigate the effects of the National Flood Insurance Act of 1968, as amended Section 2 Resolution to be Section 3 upon adoption PASSED AND The Village Clerk shall cause copies of this sent to Federal, State and County officials This resolution shall be effective immediately ADOPTED BY A 6-0 VOTE OF THE VILLAGE COUNCIL THIS 10th DAY OF November , 1992 RAFAE !H CONTE, MAYOR ATTEST APPROVED AS TO FORM AND LEGAL SUFFICIENCY 12 [MAAS A A ‘d% VILLAG ATTORNEY RESOLUTION NO 92-60 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING VILLAGE HOLIDAYS, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS WHEREAS, local governmental agencies observe New Year's Day, Martin L King's Birthday, President's Day, Memorial Day, Good Friday, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas, NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE THAT Section 1 Each Village employee shall be entitled to the following holidays New Year's Day, Martin L King's Birthday, President's Day, Memorial Day, Good Friday, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas Section 2 This resolution shall be effective immediately upon adoption PASSED AND ADOPTED BY A 6-0 VOTE OF THE VILLAGE COUNCIL THIS 10th DAY OF November , 1992 RAFAELf CONTE, MAYOR ATTEST VILLAGE E APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLA E�Y RESOLUTION NO 92-61 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO PRESENT PROCLAMATIONS, PROVIDING FOR COUNCIL ACTION, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS WHEREAS, the Mayor is the ceremonial head of the Village, and WHEREAS, there are organizations worthy of recognition for significant accomplishments, NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE THAT Section 1 The Mayor is hereby authorized to present proclamations recognizing organizations for significant accomplishments Section 2 The Village Council may rescind proclamations issued by the Mayor with a majority vote Section 3 This resolution shall be effective immediately upon adoption PASSED AND ADOPTED BY A 6-0 VOTE OF THE VILLAGE COUNCIL THIS 10th DAY OF November , 1992 RAFAE H CONTE, MAYOR VILLAGE C&ERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLA EY RESOLUTION NO q2- 62 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING OFFICIAL MEETING PLACE, PROVIDING FOR AN EFFECTIVE DATE _BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS WHEREAS, the Council Chamber is located at 85 West McIntyre Street, 2nd Floor, Key Biscayne, Florida, and WHEREAS, the Council Chamber will be the site of Village Council meetings, NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE THAT - Section 1 The Council Chamber, located at 85 West McIntyre Street, 2nd Floor, Key Biscayne, Florida is the official meeting place of the Village Council - Section 2 This resolution shall be effective immediately upon adoption PASSED AND ADOPTED BY A 6"'o VOTE OF THE VILLAGE COUNCIL THIS 104& DAY OF N ytbei , 1992 RAFAEL CONTE, MAYOR ATTEST VILLAGE C RK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY RESOLUTION NO 9 2' tO 3 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ALLOCATE PROCEEDS FROM INTEREST ON FUNDS FROM THE KEY BISCAYNE HOTEL AND VILLAS, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS WHEREAS, Key Biscayne Hotel and Villas has given the Village of Key Biscayne a check for $500,000 as part of their voluntary contributions to the island, and WHEREAS, the Village expects a five percent return on these funds, - NOW THEREFORE, BE IT RESOLVED THAT SECTION 1 The Village Manager -will re -invest one-third (1/3) of the interest accrued from the $500,000 principal, one-third (1/3) of the interest will be allocated for capital improvement projects, and one-third (1/3) of the interest will be allocated for community participation grants SECTION 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED BY A (0_0 VOTE OF THE VILLAGE COUNCIL THIS 104'x'. DAY OF eim bf , 1992 RAFAEL CONTE, MAYOR ATTE177 VILLAGE ERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLA E ATTORNEY RESOLUTION NO 92-64 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING RESOLUTION 92-18, ADOPTING A DEFERRED COMPENSATION PLAN, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS WHEREAS, the Village Council adopted Resolution 92-18, providing a deferred compensation plan for the Village, and WHEREAS, the deferred compensation plan should be applicable to all village employees, NOW THEREFORE, BE IT RESOLVED THAT SECTION 1 The Title of Resolution 92-18 is amended to read as follows A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING A DEFERRED COMPENSATION PLAN, PROVIDING FOR THE EXECUTION OF NECESSARY DOCUMENTS, DESIGNATING THE MAYOR VILLAGE CLERK AS COORDINATOR OF THE PLAN, AUTHORIZING THE MAYOR VILLAGE CLERK TO RECEIVE NECESSARY REPORTS, CAST REQUIRED VOTES UNDER THE PLAN, DELEGATE ADMINISTRATIVE DUTIES RELATING TO THE PLAN, EXECUTE ALL NECESSARY AGREEMENTS WITH THE PLAN AND PROVIDING FOR AN EFFECTIVE DATE SECTION 2 Section 2 of Resolution 92-18 is amended to read as follows The Mater Village Clerk shall be the coordinator for the Plan, shall receive necessary reports and notices from the ICMA Retirement Corporation or the ICMA Retirement Trust, shall cast, on behalf of the Village any required votes under the ICMA Retirement Trust, may delegate any administrative duties relating to the Plan to appropriate persons, and is authorized to execute all necessary agreements with ICMA Retirement Corporation necessary to enroll the Village Manager Village employees for the implementation and administration of the Plan in a form acceptable to the Village Attorney e� mu3t be approved by the Board of Trustees SECTION 3 This resolution shall take effect immediately upon adoption Page 1 of 2 Resolution 92-64 PASSED AND ADOPTED BY A 6-0 VOTE OF THE VILLAGE COUNCIL THIS 10th DAY OF November , 1992 RAFAELIIH CONTE, MAYOR ATTES VILLAGES -CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLA E ATTORNEY Page 2 of 2 RESOLUTION NO 92-65 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING AN INSURANCE COMMITTEE, PROVIDING FOR MEMBERSHIP, PROVIDING FOR TERM OF EXISTENCE, PROVIDING FOR DUTIES, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, this Board finds that it would be in the public interest to establish a committee made up of professionals in the insurance industry to look into the availability of insurance coverage for both businesses and residences on Key Biscayne, and WHEREAS, this Board perceives that there is a short-term and long-term problem relating to insurance in the Village and wishes to assist in establishing a more stable environment for the issuance of insurance within the Village, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That an insurance committee is hereby established consisting of 9 (nine) members Members shall be appointed by the Mayor subject to approval by the Village Council Members should include mortgage and banking professionals, insurance agents, real estate agents and property managers, real estate attorneys, representatives of condominium associations, representatives of the Chamber of Commerce and others Section 2 That the committee is established for the purpose of investigating and making recommendations to the Village Council as to insurance -related issues affecting Village residents including the availability of insurance coverage for both businesses and residences and recommendations on methods whereby a stable environment for insurance coverage might be created in the Village The committee is directed to look at the marketplace and investigate what types of insurance is being written within the Village and to study other public ventures such as the Florida Windstorm Underwriting Association to determine whether those experiences might be applicable to the Village Section 3 That the committee shall be in existence for a period of nine months from the adoption of this resolution, shall report on a monthly or more frequent basis if necessary to the Village Council and shall, prior to the expiration of nine months, issue a written set of recommendations to the Village Council as to its findings Section 4 That the committee shall have no authority to bind or to set policy for the Village but shall act in a solely advisory nature to the Village Council Section 5 Severability The provisions of this resolution are declared to be severable and if any section, sentence, clause or phrase of this resolution shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this resolution but they shall remain in effect, it being the legislative intent that this resolution shall stand notwithstanding the invalidity of any part Section 6 Effective Date This Resolution shall take effect immediately upon adoption 2 PASSED AND ADOPTED this 2H day of t1/410114.Y/1120 , 1992 RAFAEL1/1‘" CONTE, MAYOR ATTEST 31f 7e9 VILLAGE C K APPROVED AS TO LEGAL SUFFICIENCY RICHARD JAY WEISS, VILLAGE ATTORNEY 3 RESOLUTION NO 92-66 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING APPRECIATION FOR THE AID AND ASSISTANCE PROVIDED IN THE AFTERMATH OF HURRICANE ANDREW BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS WHEREAS, Hurricane Andrew rendered the infrastructure and utilities of the Village of Key Biscayne virtually useless, and WHEREAS, many individuals and organizations aided and assisted the Village in an exemplary manner NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE THAT THE INDIVIDUALS AND ORGANIZATIONS LISTED ON EXHIBIT A ATTACHED BE PRESENTED WITH A FRAMED COPY OF THIS RESOLUTION Each copy shall state Presented to in appreciation for (his, her, their) efforts in aiding and assisting the Village of Key Biscayne in the aftermath of Hurricane Andrew PASSED AND ADOPTED BY A UNANIMOUS VOTE OF THE VILLAGE COUNCIL THIS 24th DAY OF November , 1992 RAFA;L H CONTE, MAYOR LERK VILLAGE APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY RESOLUTION 92-66 EXHIBIT A 1 Robert Sims, City of Miami 2 Florida Power & Light 3 Southern Bell 4 Metropolitan Dade County Police Department 5 City of Sarasota 6 City of Cocoa Beach 7 Adelphia Cable Communications 8 Winn -Dixie 9 Frank Garisto 10 Rusty Pelican 11 English Pub 12 La Boulangerie 13 Cesar Odio, City of Miami, and his staff RESOLUTION NO 92-67 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING THE FLORIDA LEGISLATURE TO DISTRIBUTE INCREASED SALES TAX DOLLARS IN AN EQUITABLE MANNER, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS WHEREAS, Dade County and its residents have experienced tremendous personal and property damage losses as a result of the nation's worst natural disaster, Hurricane Andrew, and WHEREAS, the Village Council recognizes that money has been distributed, through Federal and State programs as well as through private insurance reimbursements, and spent throughout the State, to rebuild our community, and WHEREAS, these purchases are projected to provide an increase in state sales tax revenues for 1992-1993 This increase is defined as the excess portion of sales tax generated and collected in Dade County over and above the 1992 collections, and WHEREAS, it Dade County will January 1993 and shortfall, and is projected that the destruction of property in result in lower property tax assessments in 1994, resulting in a substantial property tax WHEREAS, there are many proposals being discussed locally which would provide for these increased sales tax dollars to be used to help Dade County and its residents in the rebuilding efforts, NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE THAT THE FLORIDA LEGISLATURE, IN A SPECIAL SESSION IN DECEMBER, PASS LAWS TO DISTRIBUTE THESE INCREASED SALES TAX DOLLARS IN AN EQUITABLE MANNER FOR THE PURPOSES OF SUPPORTING DADE COUNTY, THE VILLAGE OF KEY BISCAYNE AND OTHER MUNICIPALITIES IN THEIR NORMAL AND EXTRAORDINARY EXPENDITURES OF GOVERNMENTAL AND COMMUNITY SERVICES IN 1993 Page 1 of 2 PASSED AND ADOPTED BY A 7-0 VOTE OF THE VILLAGE COUNCIL THIS 8th DAY OF December , 1992 RAFAE IH CONTE, MAYOR ATTEST APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY Page 2 of 2 RESOLUTION NO 92-68 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO TAKE ALL THE NECESSARY ACTIONS TO TERMINATE CERTAIN POLICE AND PUBLIC WORKS SERVICES NOW BEING PROVIDED BY METROPOLITAN DADE COUNTY AS LISTED IN PARAGRAPH II(B) OF THE INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE, AND PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS WHEREAS, the Village of Key Biscayne and Metropolitan Dade County entered into an Interlocal Agreement (the "Agreement") on July 21, 1992 to provide for "Continued Service," as the term is used in Paragraph II(B) of the Agreement, during fiscal year 1992- 1993, and WHEREAS, the Village Council wishes to relieve the County of any responsibility for providing some of those "Continued Services" during fiscal year 1992-1993 NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE THAT Section 1 That the Village Council does hereby authorize the Village Manager to take all necessary steps in order to terminate Police services being provided by Metropolitan Dade County to the Village effective March 1, 1993 Section 2 That the Village Council does hereby authorize the Village Manager to take all necessary steps in order to terminate Public Works services being provided by Metropolitan Dade County to the Village effective January 15, 1993 Section 3 This resolution shall be effective immediately upon adoption Page 1 of 2 PASSED AND ADOPTED BY A 7-0 VOTE OF THE VILLAGE COUNCIL THIS 8th DAY OF December , 1992 RAFAELIIH CONTE, MAYOR ATTEST VILLAGE C� APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY Page 2 of 2 RESOLUTION NO 92-69 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE RECREATION DIRECTOR TO DEVELOP AND MAINTAIN A COACHES CERTIFICATION AND TRAINING PROGRAM, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS WHEREAS, the Village of Key Biscayne is a Chapter of the National Youth Sports Coaches Association (NYSCA) and the Recreation Director serves as the Chapter Director, and WHEREAS, the NYSCA provides training and educational materials for certification and training of coaches, and WHEREAS, the Recreation Department providing certified coaches will be an asset to the community, NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE THAT Section 1 The Recreation Director shall develop and maintain an NYSCA certification program Section 2 Department Budget, #820-521, for the program The Village Council, through the Recreation shall allocate a sum of $5,000, from Account purpose of developing and maintaining such Section 3 This resolution shall be effective immediately upon adoption Page 1 of 2 PASSED AND ADOPTED BY A 7-0 VOTE OF THE VILLAGE COUNCIL THIS 8th DAY OF DECEMBER , 1992 RAFAEL4JH CONTE, MAYOR ATTEST tt.:-..wr VILLAGE APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY Page 2 of 2 RESOLUTION NO 92-70 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ASSURING THE FEDERAL INSURANCE ADMINISTRATION THAT THE VILLAGE WILL ENACT AS NECESSARY ADEQUATE LAND USE AND CONTROL MEASURES WITH EFFECTIVE ENFORCEMENT PROVISIONS IN THOSE AREAS HAVING FLOOD OR FLOOD RELATED EROSION HAZARDS, VESTING THE VILLAGE MANAGER OR HIS DESIGNEE WITH AUTHORITY AND MEANS TO ASSIST, PROVIDE INFORMATION AND COOPERATE WITH THE ADMINISTRATOR AND OTHER AGENCIES IN DELINEATING AND IDENTIFYING FLOOD OR FLOOD RELATED EROSION HAZARDS, APPOINTING THE VILLAGE MANAGER OR HIS DESIGNEE IN CHARGE OF MAINTAINING RECORDS FOR PUBLIC INSPECTION, AUTHORIZING TRANSMITTAL, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, certain areas of the Village of Key Biscayne may be or are subject to periodic flooding, or flood -related erosion, causing serious damage to properties within these areas, and WHEREAS, relief is available in the form of federally subsidized flood insurance as authorized by the National Flood Insurance Act of 1968, and WHEREAS, it is the intent of the Mayor and Village Council to require the recognition and evaluation of flood, or flood -related erosion hazards in all official actions relating to the land use in areas having these hazards, and WHEREAS, this body has the legal authority to adopt land use and control measure to reduce future flood losses pursuant to Chapters 163 and 166 of the Florida Statutes NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 The Village hereby assures the Federal Insurance Administration that it will enact as necessary, and maintain in force in those areas having flood, or flood -related erosion hazards, adequate land use and control measures with effective enforcement provisions consistent with the Criteria set forth in Part 60 of the National Flood Insurance Program Regulations Section 2 The Village vests the Village Manager or his designee with the responsibility, authority and means to a Assist the Administrator, at his request, in his delineation of the limits of the area having special flood, or flood -related erosion hazards b Provide such information as the Administrator may request concerning present uses and occupancy of the flood plain, or flood -related erosion areas c Cooperate with federal, state and local agencies and private firms which undertake to study, survey, map and identify flood plain, or flood -related erosion areas, and cooperate with neighboring communities with respect to management of adjoining flood plain, and/or flood -related erosion areas in order to prevent aggravation of existing hazards d Upon occurrence, notify the Administrator, in writing, whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce flood plain management regulations for a particular area In order that all Flood Hazard Boundary Maps and Flood Insurance Rate Maps accurately represent the community's boundaries, include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new plain management regulatory authority Section 3 The Village appoints the Village Manager or his designee to maintain for public inspection and to furnish upon request for determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on a Flood Hazard Boundary Map or Flood Insurance Rate Map, any certificates of flood -proofing and information on the elevation (in relation to mean sea level) of the level of the lowest floor (including basement) of all new or substantially improved structures and include whether or not such structures include a basement, and if the structure has been flood -proofed Section 4 The Village Manager or his designee is hereby authorized to take such other official action as may be reasonably necessary to carry out the objectives of the program Section 5 The Village Clerk is hereby instructed to transmit a copy of this Resolution to the Federal Insurance Administrator Section 6 Severability The provisions of this resolution are declared to be severable and if any section, sentence, clause or phrase of this resolution shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this resolution but they shall remain in effect, it being the legislative intent that this resolution shall stand notwithstanding the invalidity of any part Section 7 Effective Date This Resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 22nd day of December , 1992 RAFAE] ATTEST VILLAGE < LERK APPROVED AS TO LEGAL SUFFICIENCY RICHARD JAY WEISS, VILLAGE ATTORNEY H CONTE, MAYOR