HomeMy Public PortalAbout2011-14 Amending section 31-1 Parks and Recreational Open Space Lands Trust FundORDINANCE NO. 2011-14
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; PROVIDING
THAT FUNDS WITHIN THE TRUST MAY BE USED TO
ACQUIRE OR LEASE LAND OUTSIDE OF THE VILLAGE'S
MUNICIPAL BOUNDARIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 12, 2011, the Village of Key Biscayne (the "Village") Village Council
adopted Ordinance 2011-2, which created Section 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, the Village Council desires to amend Section 31-1 of the Village Code to
provide that funds within the Trust may be used to acquire or lease land within or outside of the
municipal boundaries of the Village for Parks and Recreational use; 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. Section 31-1 of the Village Code Amended. The Village Council hereby
amends Section 31-1 "Parks and Recreational Open Space Lands Trust Fund" 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 or outside the municipal
boundaries of 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.
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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 25th day of October , 2011.
ATT
PASSED AND ADOPTED on second reading this 22nd da November , 2011.
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CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENC
VILLAGE A If EY
2
OR FRANKLIN 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
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
ORDINANCE - AMENDING SECTION 31-1. ETC.
in the XXXX Court,
was published in said newspaper in the issues of
1 1/10/201 1
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 advertise i - i for publication in the said
news •�
u•scrl:-. •efore me this
10 day of NOVEMBER , A.D. 2011
(SEAL)
MARIA MESA personally known to me
`SpV Poe(
s
Notary Public State of Florida
Cheryl H Marmer
My Commission DD793490
Expires 07/18/2012
11/10
VILLAGE OF KEY BISAYNE
OFFICE OF TNE.YILLAAE CLERK
PUBLIC NOTICE
Notice is hereby given that the following ordinance will be considered on.
3bwi ICJ! OIeadi _ by the Vi at
a meeting to be held on Tuesday, Naver€iber•22, 20t1ti 7:00 p.m., in the
Council Chamber, located at 580 Crandon Bow, Key Biscayne,
Florida: �_uu �. �- ai-
AN ORDNANCE, OF OF ''t �,
AMENDING i"_ x ' lPEN
SPACE, LANDS : * 0 Tom` anuAoE tom' OF
meows*, FROWN* livitattios, BE USED TO F a /MY
VLLAGE'S MNmm'f 1:" OW
ABILITY; PROVE:BN i, AND pnoviorievelt'AN
EFFECTIVE DAM,
The proposedOrdinat giati lisitted the-pubiicatthe Otfie of
the Village Clerk. Irk yaglea imay appear at the Public Healing
and be heard wtNMOPON Ordnance:""Any .
wishing to add fheiileOrlll�tt utyl atttlis°Ptibliot tlrig;
is asked to register with t>TPrrrPill0004410k Mello thatthatfeni being Malt
In accordance with the Antericans Wth biSabilifi8S Act of 1990; all
persons who are disabled anJl9tdao need special accommodations to
participate inthis pro because of that disabilfty should
contact
the Office of tbe V*. eat 220 Clerk, 8S West McIntyre Street, 'Key
Biscayne;=Plodds 33349, tetephone number -Wed 965-5506, radiator
than twobuienessdayepriatesuch proceeding.
ShotMd #ley, person desire to appeal arty ofilia* Village Council
arty
with respect to matter tobe.consideredd�a is ng, Mat
shy Wore a verbalinrovrd of the proceediftels made including
elk and evidence upon which any appeal may be, based
(F.S. 286.0105). •
of a d party relative to it* matter mat l e
ted in persorti�t1 horif'!}i._
Y `'Jkhit ?IiIAC' ;1
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