HomeMy Public PortalAbout2015-03 Amending Chapter 2 Authorizing to negotiate and enter into purchase agreements for the acquisition of real propertyORDINANCE NO. 2015-3
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING ARTICLE XIX CHAPTER 2 OF THE
VILLAGE CODE OF ORDINANCES AUTHORIZING THE
VILLAGE MANAGER TO NEGOTIATE AND ENTER INTO
PURCHASE AGREEMENTS FOR THE ACQUISITION OF
REAL PROPERTY SUBJECT TO VILLAGE COUNCIL
APPROVAL; AUTHORIZING THE LAND ACQUISITION
COMMITTEE TO RECOMMEND THAT THE VILLAGE
MANAGER TO NEGOTIATE AND ENTER INTO PURCHASE
AGREEMENTS FOR THE ACQUISITION OF INTERESTS IN
REAL PROPERTY CONDITIONED ON VILLAGE COUNCIL
APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council wishes to provide for a more expeditious and efficient
method and process for effectuating the acquisition of land for park, recreation and open space
purposes; and
WHEREAS, the Village Council desires to utilize the Land Acquisition Committee (the
"Committee"), among other resources to recommend land acquisition opportunities for such
purposes, and to assist the Village Manager, in the Manager's discretion in prioritizing opportunities
and negotiating and entering into conditional purchase agreements on long-term leases for park,
recreation and open space purposes; and
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the above recitals are true and correct and incorporated
herein by this reference.
Section 2. Village Code Amended. That Article XIX of Chapter 2 of the Code of Key
Biscayne, Florida, is hereby amended to read as follows:
Sec. 2-253. - 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.
***
Sec. 2-255. - Jurisdiction.
(a) The jurisdiction of the Committee shall be solely advisory. Final advisory action of
the Committee shall be in the appropriate form, and written recommendations shall
be provided to the Village Manager and the Village Council.
(b)
The jurisdiction of the Committee shall include studying, evaluating, and making
recommendations to the Village Manager and the Village Council regarding the
acquisition of land primarily for park and recreational purposes. In preparing its
recommendations, the Committee shall consider the following matters:
CO
Review of the Village's previous efforts towards land acquisition including,
but not limited to, the 2020 Vision Plan and 2007 Evaluation and Appraisal
Report;
(ii) Examination of short and long teen financing options, including the potential
impact on the Village's debt cap;
(iii) Review of all available land acquisition options including the purchase or
long term lease of small or large parcels as well as potential Interlocal
agreements with other governmental agencies; and
(iv) Identification of potential current as well as future properties for acquisition.
Sec. 2-256. — Village Manager Authority
The Village Manager shall be vested with the authority to enter into purchase
agreements for the acquisition of interests in real property (for park, recreation and open
space purposes) where the acquisition is recommended by the Committee. Such agreements
shall be conditioned on Village Council approval and ratification.
2
Section 3. Effective Date. That this ordinance shall become effective immediately
upon adoption at second reading.
PASSED AND ADOPTED on first reading this 28th day of April, 2015.
PASSED AND ADOPTED on second reading this 9th day of June, 2015.
AL .P L
M MAYRA PENA LIND
ATTEST:
P-/Va
CHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
3
MIAMI DAILY BUSINESS REVIEW
Published Daly except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Flonda
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
M ZALDIVAR, 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 6/9/2015
in the XXXX Court,
was published in said newspaper in the issues of
05/28/2015
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,
Flonda, 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, Flonda, 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 .r refund for the purpose
of secunng this advertiseme t ff publication in the said
newspaper.
Sworn to and
28 day of
(SEAL)
re me this
. A.D. 2015
M ZALDIVAR personally known to me
MARIA MESA
601ar9 Public -Sets 01 Florida
My Comm. Expires Mar 4, 2016
Commission # EE 166275
Bonded Through National Notary Assn
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
Notice is hereby given that the fallowing ordinance will be considered
ton Second Reading by the Village Council of the Village of Key Biscayne
fat a meeting to be held on Tuesday, June 9, 2015 at 700 pm, in
'the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne,
:Florida
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING ARTICLE XIX CHAPTER 2 OF THE
VILLAGE CODE' OF ORDINANCES AUTHORIZING THE
VILLAGE MANAGER TO NEGOTIATE AND ENTER INTO
PURCHASE AGREEMENTS FOR THE ACQUISITION OF REAL
PROPERTY SUBJECT TO VILLAGE COUNCIL APPROVAL;
AUTHORIZING THE LAND ACQUISITION COMMITTEE TO
RECOMMEND THAT THE VILLAGE MANAGER NEGOTIATE
AND ENTER INTO PURCHASE AGREEMENTS FOR THE
ACQUISITION OF INTERESTS IN REAL PROPERTY
CONDITIONED ON VILLAGE COUNCIL APPROVAL; 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 Heanng
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 '
In accordance with the Americans With Disabilities Act of 1990, all,
persons who are disabled and who need special accommodations to,
participate in this proceeding because of that disability should contact.
the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Kell
Biscayne, Flonda 33149, telephone number (305) 365-5506, not later,
than two business days pnor 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 includingl
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 wntmg and or presented in person at the public heanng.
Conchita H Alvarez, MMC
Village Clerk
5/28 15=4_119/2444354M