HomeMy Public PortalAbout2011-02 Establishing Chapter 31 entitled Parks and Recreational Open Space Lands Trust FundORDINANCE NO. 2011-2
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ESTABLISHING CHAPTER 31 ENTITLED
"PARKS AND RECREATIONAL OPEN SPACE LANDS
TRUST FUND" OF THE VILLAGE CODE OF ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, from its founding, a principal goal of the Village has and continues to be the
acquisition of land for public recreation and open space purposes; and
WHEREAS, consistent with that goal, the Village Council has from time to time established
capital accounts/funds for the purpose of acquiring land for public recreation and open space; and
WHEREAS, the Village Council wishes to formalize its funding policy by creating a Parks
and Recreational Open Space Lands Trust Fund for use in acquiring parks and recreational lands;
and
WHEREAS, the Village Council hereby 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:
Section 1. The preceding "Whereas" clauses are ratified and incorporated as the legislative
intent of this Ordinance.
Section 2. Parks and Recreational Open Space Lands Trust Fund. Chapter 31 "Parks
and Recreational Open Space Lands Trust Fund" of the Village Code of Ordinances is hereby created
to read as follows:
Sec. 31-1. Parks and Recreational Open Space Lands Trust Fund
(a) There is hereby created the Parks and Recreational Open Space Lands Trust Fund (the "PROS
Lands Trust Fund") for use in acquiring parks and recreational lands within the Village. The Village
Manager is hereby authorized to establish the PROS Lands Trust Fund and to receive and disburse
monies in accordance with the provisions of this section.
(b) The PROS Lands Trust Fund shall receive monies from the following sources:
(i) All funds derived from any borrowings by the Village for the acquisition of lands for
parks and open space purposes.
(ii) All monies accepted by the Village in the form of federal, State, or other governmental
grants, allocations, or appropriations, as well as foundation or private grants and donations for
acquisition of parks and open space as provided for by this section.
(iii) Such additional allocations as may be made by the Village Council from time to time
for the purposes set forth herein.
(iv) All interest generated from the funding sources identified above, except where monies
received have been otherwise designated or restricted.
(c) The PROS Lands Trust Fund shall be maintained in trust by the Village Council solely for the
purposes set forth herein, in a separate and segregated fund of the Village which will not commingle
with other Village funds until disbursed for an authorized purpose pursuant to subsection (d) below.
(d) Disbursements from the PROS Lands Trust Fund shall be made only for the following purposes:
(i) Acquisition of properties which have been approved for purchase or lease by the Village
Council in accordance with the provisions of this chapter; and
(ii) Improvements to the property which enhance the recreational and open space purposed
for which the land was acquired.
(iii) All costs associated with each acquisition including, but not limited to, appraisals,
surveys, title search work, real property taxes, documentary stamps and surtax fees, and other
transaction costs.
(iv) Any other purpose upon the unanimous approval of the entire Village Council.
(e) Where any property acquired 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 Fund for
the purposes provided for herein. Such proceeds shall neither be committed to any other fund, nor
2
be used for any other purpose.
Section 3. Severability. 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 legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
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. Effective Date. This Ordinance shall become effective immediately upon
adoption on second reading
PASSED AND ADOPTED on first reading this 16th day of November , 2010.
PASSED AND ADOPTED on second reading this 12th day of April , 2014.
CONCHITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS • FORM AND LEGAL SUFFICI
VILLAGE A OR Y
3
S r.t ((,),
A'{OR FRANKMN H. CAPLAN
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 personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, 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
MEETING APRIL 12, 2011
in the XXXX Court,
was published in said newspaper in the issues of
03/31/2011
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
office 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 the said
newspaper.
Sworn to and subscribed before me this
31 day ARC
(SEAL)
, A.D. 20
V. PEREZ personally known to me
...... B. THOMAS11;�:•
; Commis ion # DO 937532
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• West MWWre Street,:udte 220,
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any decision otthe Village Council
consideied iaaeting, that person
shall instaalinnt4401blatinlattitd of -the p is made irri;cuding
all testimony -4M_ !von which arty_ appeal may be based
(F.S. 286.0105y.
Comments of llii party relative to this matter may be subfnitted
in writing pnd or otesoredinpersonatthepubtic hearing.
3/31
.Conobita-H. Alvarez, MMC
WagB Clef*
1,1-4-10'7/1671874M