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HomeMy Public PortalAbout2011-10 Creating the Winter Concert Advisory CommitteeORDINANCE NO. 2011-10 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING THE WINTER CONCERT ADVISORY COMMITTEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") currently desires to have winter concerts (the "Concerts") within the Village; and WHEREAS, the Village Council finds it necessary and appropriate to create a Winter Concert Advisory Committee in order to assist the Village Council in selecting performers for the Concerts; 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. Winter Concert Advisory Committee. The Village Council hereby creates the Winter Concert Advisory Committee as follows: Section A. Creation, composition, and qualifications. (1) In accordance with Section 2-10 of the Village Code, there is hereby created and established the Winter Concert Advisory Committee (the "Committee"). The Committee shall be composed of five members appointed by the Mayor, with the approval of the Council. (2) All Committee members shall serve at the pleasure of the Village Council as provided by Village Code Section 2-10. (3) Members of the Committee shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. (4) Each member of the Committee shall be a full time resident of the Village who has continuously resided within the Village for the 12 -month period immediately prior to the appointment, and shall not be an employee of the Village. Any member who ceases to reside within the Village limits during his or her term of office shall be deemed to have resigned as of the date of his or her change of residence from the Village. (5) In the event of the resignation or removal of any member of the Committee, the Mayor shall appoint a person to fill the vacancy on the Committee, subject to approval of the Village Council. Section B. Advisory capacity; standards of conduct. The powers and duties of the Committee shall be solely of an advisory nature to the Village Council and Village Manager. Accordingly, Committee members shall comply with the applicable requirements of the Code of Ethics for Public Officers and Employees as provided in Part III of Chapter 112, F.S. and any other standards of conduct set by federal, state, county, Village or other applicable law. Section C. Rules of procedure, other requirements. (1) The Committee may adopt rules of procedure as authorized by Village Code Section 2-10 (k). In the absence of the adoption of such rules of procedure, the fundamental parliamentary procedures of Roberts Rules of Order shall apply, subject to the provisions of Village Code Section 2-10. (2) During the first meeting of the Committee, the members shall elect one of their members to act as chairman, vice-chairman and a secretary. (3) The Committee shall be subject to and shall comply with the applicable provisions of Village Code Section 2-10. Section D. Jurisdiction. The jurisdiction of the Committee shall be limited to evaluating and recommending to the Village Council performers for winter concerts within the Village. The jurisdiction of the Committee shall be solely advisory. Final advisory action of the Committee shall be in the form of a written recommendation provided to the Village Council. Upon submittal and presentation of the recommendation, the Committee's jurisdiction shall cease and the Committee shall terminate unless further extended by resolution of the Village Council. 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, 2 VILLAGE ATTORNEY 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 5th day of July, 2011. PASSED AND ADOPTED on second reading this 30th day of August , 2011. AT OR FRANKLIN H CAPLAN ONCHITA H. ALVAREZ, MMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 3 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 MARIA MESA, 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 FOR AUGUST 30, 2011 in the XXXX Court, was published in said newspaper in the issues of 08/18/2011 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 th' : •vertiseme for publication in the said news 18 day of AUGUST , A.D. 2011 o and subscribed before me this (SEAL) MARIA MESA personally known to me ,• ► 1 ,, B. THOMAS 1. Commission # DD 937532 1 Expires November 2, 2013 hARK. ` Bonded fihru Troy Fain Insurance 800.385.7019 VILLAGE OF KEY' BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, August 30, 2011 at 7:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $3,125,000 OF TRANSPORTATION TAX- REVENUE REFUNDING BONDS OF THE VILLAGEOF-KEY BISCAYNE, FLORIDA; PROVIDING FOR 'A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE,WITH BANKS FOR PURCHASE OF THE BONDS AND TO ENTER INTO A RATE LOCK AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE YILLAGE OF KEY BISCAYNE, FLORIDA, CREATING THE _WINTERS-; CONCERT ADVISORY COMMITTEE; PROVIDING FORISEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FORAN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING -THE 2010-2011 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinances 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. Ordinances. 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. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled pnd who _need special accommodations to participate in this proceeding,because; of that disability should contact the Office of the Village Clerk, 88 We McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council 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 in writing and or presented in person at the public hearing. Conchita H. Alvarez, MMC Village Clerk 8/18 11-4-239/1741822M