The URL can be used to link to this page

Home My Public Portal About2016-05 Amending Parks and Recreational Open Space Lands Trust and FundORDINANCE NO.2016-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,AMENDING SECTION 31-1 "PARKS AND RECREATIONAL OPEN SPACE LANDS TRUST FUND"OF THE VILLAGE CODE OF ORDINANCES;OBLIGATING THE VILLAGE COUNCIL TO ANNUALLY ALLOCATE AT LEAST ONE PERCENT OF AD VALOREM TAX REVENUES TO THE PARKS AND RECREATIONAL OPEN SPACE LANDS TRUST FUND;PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;PROVIDING FOR CODIFICATION;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on April 12,2011,theVillage ofKeyBiscayne(the"Village")VillageCouncil adoptedOrdinance 2011-2,which createdSection 31-1"Parks and Recreational Open Space Lands Trust Fund" (the "Trust")of the Village Code of Ordinances (the "Village Code") for use in acquiring parks and recreational lands; and WHEREAS, theVillageCouncildesiresto annuallyallocateatleastonepercent(1%)ofad valorem taxes as a source of funding for the Trust;and WHEREAS,theVillage Councilhereby finds and declares that adoption of this Ordinance is necessary, appropriate, and advances the public interest. NOW,THEREFORE,IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,FLORIDA,AS FOLLOWS: Section1. The preceding "Whereas"clauses are ratified and incorporated asthe legislative intent of this Ordinance. Section 2. Section 31-1 of the Village Code Amended.That Section 31-1 of the Code of Key Biscayne, Florida, is hereby amended to read as follows: "Chapter 31 -PARKS AlVD RECREATIONAL OPEN SPACE LANDS TRUST FUND Sec.31-1.-Parks and Recreational Open Space Lands Trust Fund. (a) There is hereby createdthe Parks and Recreational Open SpaceLands Trust Fund (the "PROS Lands Trust Fund")for use in acquiring parks and recreational lands within or outsidethemunicipalboundaries of the Village.TheVillageManageris herebyauthorized to establish the PROS Lands Trust Fund and to receive and disburse monies in accordance with the provisions of this section. (b) The PROS LandsTrust Fund shallreceivemonies from the followingsources: (1)All fiinds derivedfromany borrowings bytheVillageforthe acquisition of landsfor parks and open space purposes. (2) All monies accepted by the Village in the form of federal, State, or other governmental grants,allocations,or appropriations,as well asfoundationor private grants and donations for acquisition ofparksandopenspaceas provided forbythis section. (3) Such additional allocations asmaybemadebytheVillageCouncilfromtimetotime for the purposes set forth herein. (4) All interest generated from the fiinding sources identified above,except where monies received have been otherwise designated or restricted. (5"^Exceptduringa financial emergencv.asdeterminedbv an affirmativevote of five (5^ Members oftheVillage Council,atleastonepercent fl %)of ad valorem taxeswhich shall be annuallv allocated bv the Village Council for the PROS Lands Trust Fund. Greater than one percent n%^mav be allocated upon an affirmative vote of a majority of the members of the Village Council. (c) The PROS Lands TrustFundshallbe maintained intrustbythe Village Council solely for the purposes set forth herein,ina separate and segregated fimd ofthe Village which willnot commingle withotherVillage tunds until disbursed for an authorized purposepursuantto subsection (d)below. (d)Disbursements from the PROS Lands Trust Fundshallbe made onlyfor the following purposes: (1) Acquisition of properties whichhavebeen approved for purchase or leaseby the VillageCouncilin accordancewith the provisions of this chapter;and (2)Improvements to the property which enhance the recreational and open space purposedfor whichthe land was acquired. (3) All costs associated with each acquisition including,butnot limited to,appraisals, surveys,title search work,realpropertytaxes,documentary stampsandsurtax fees, and other transaction costs. (4) Any other purpose upon the unanimous approval of the entire Village Council. (e) Where anypropertyacquired with PROS Lands Trust Fund monies is leased or sold by the Village,the proceeds from said lease or sale shall be committed to the PROS Lands Trust Fundforthe purposes providedfor herein.Suchproceedsshallneitherbe committedto any other fund, nor be used for any other purpose. 4:^3|cv Section 3.Severabilltv.The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance 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 Ordinance but they shall remain in effect, it being the legislativeintentthat this Ordinanceshall standnotwithstandingthe invalidityof anypart. Section 4.Conflicts.All ordinances or parts of ordinances, resolution or parts of resolutions,in conflict herewith,are repealed to the extent of such conflict. Section 5.Codification.It is the intention of the Village Council, and it is hereby ordained that theprovisions of this Ordinanceshallbecomeand made a part of the VillageCode; thatthe sections of this Ordinancemaybe renumberedor re-letteredto accomplishsuch intention; and that the word "Ordinance"shallbe changedto "Section"or other appropriate word. Section 6. Effective Date. This Ordinance shall become effectiveimmediatelyupon adoption on second reading PASSED on first reading this 12th day of April . 2016. PASSED AND ADOPTED on second reading this 26th day of April .2016. MAY(XMAYRA PENA LINDSAY ATTE [CHITA H.ALVAREZ,MMC,VILLAGE CLERK ^ Ij APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATTORNEY MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday.Sunday and Legal Holidays Miami,Miami-Dade County.Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority persortally appeared OCTELMA V,FERBEVRE,who on oatti says thai he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Re\dew.a daily (except Saturday,Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County,Florida;that the attached copy of advertisement,being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK -ORDINANCE -MEETING -APRIL 26,2016 in the XXXX Court, was published in said newspaper in the issues of 04/14/2016 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade County,Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County. Florida each day (except Saturday,Sunday and Legal Holidays) and has been entered as second class mail matter at the post ofHce in Miami in said Miami-Dade County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person,firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in tbd^id news Sworn to and subscribed before me this 14 day of APRIL,A.D^i016 (SEAL) OCTELfAA V.FERiiYBfc persanally kinowra tn me _ RHONDA M PELTIER MY COMMISSION tf FF231407 EXPIRES May 17 2019 IJt/)2HC-C'tO Kk»rKtA.Ni:>'.a-,Sc'.1c«Mr VILLAGE OF KEY BISCAVNl OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne ata Meeting tobe held on Tuesday,April 26,2016 at 7;00 p.m.,in the Council Chamber,located at560 Crandon Boulevard,Key Biscayne,Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE.FLORIDA, AMENDING SECTION 31-1 "PARKS AND RECREATIONAL OPEN SPACE LANDS TRUST FUND"OF THE VILLAGE CODE OF ORDINANCES; OBLIGATING THE VILLAGE COUNCIL TO ANNUALLY ALLOCATE AT LEAST ONE PERCENT OF AD VALOREM TAX REVENUES TO THE PARKS AND RECREATIONAL OPEN SPACE LANDS TRUST FUND; PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION;AND PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk.Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance.Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. Inaccordance with the Americans With Disabilities Actof 1990,all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office ofthe Village Clerk,88 West Mclntyre Street,Suite 220,Key Biscayne,Florida 33149,telephone number (305)365-5506,not later than two business days priorto such proceeding. Should any person desire to appeal any decision ofthe Village GouncH with respect to any matter to be considered at this meeting,that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S.286.0105). Comments of any interested party relative to this matter may be submitted inwriting and or presented in person atthe public hearing. Conchita H.Wvarez,MMG 4/14 Village 01^ '16-129/0000102249M