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HomeMy Public PortalAbout1991 AllORDINANCE NO. C4 -010t AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE; AUTHORIZING THE PURCHASING OF LIABILITY, ERRORS AND OMISSIONS INSURANCE; MAKING A FINDING OF THE EXISTENCE OF AN EMERGENCY; MAKING A SPECIFIC FINDING OF IMPRACTICABILITY; WAIVING COMPETITIVE BIDDING; AUTHORIZING THE MAYOR TO EXECUTE NECESSARY AND APPROPRIATE DOCUMENTS TO EFFECTUATE SUCH PURCHASE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this Board has determined that there is an immediate need for liability, errors and omissions insurance; and WHEREAS, pursuant to Section 4.04 of the Charter of the Village of Key Biscayne, emergency ordinances may be enacted, upon a finding of a public emergency affecting life, health, property or the public peace; and WHEREAS, this Board makes the specific finding that it would be impracticable to purchase such insurance through a competitive bidding process due to the time consuming nature of such process; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. This Board hereby declares that. a public emergency exists pursuant to Section 4.04 of the Charter of the Village of Key Biscayne. Section 2. This Board hereby waives competitive bidding pursuant to Section 3.08 of the Charter of the Village of Key Biscayne, in that it would be impracticable to competively bid such insurance due to the length of time necessary to complete such a process. Section 3. The Mayor is hereby authorized to enter into an agreement to purchase comprehensive general liability insurance from the Florida Municipal Liability Self -Insurer Program in the amount of $100,000/$200,000 for the period September 17, 1991 through September 30, 1991. The cost of such insurance shall not exceed $1,000 per year pro -rated per diem for fourteen (14) days or approximately $40. Section 4. The Mayor is hereby authorized to enter into an agreement to purchase comprehensive general liability insurance in the amount of $5,000,000 for the period October 1, 1991 through September 30, 1992, from the Florida Municipal Liability Self- Insurer Program. The cost for such insurance is to be billed at the minimum premium of $2,000, subject to a year-end audit and adjustment for actual exposure. Payment terms are 50% thirty (30.) days from the date of invoice and the balance ninety (90) days from the date of invoice. Section 5. The Mayor is hereby authorized to execute all documents necessary to purchase such insurance coverage. Section 6. Effective Date. This ordinance shall become effective upon adoption. PASSED AND ADOPTED this 26th dakr of September, 1991. Rafaelj'H. Conte, Mayor Attest: Village Clerk' -2- MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before _the undersigned authority personally ppeared_. Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of WALLACE OF KEY BISCAYNE Emergency Ordinance passed by the Key Biscayne Board of Trustees at meeting on Thursday, September 26, 1991 in the X X X Court, was published in said newspaper in the issues of October 1, 1991 Aft iant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County. Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second. -.-s mail matter at the post office in Miami in said Dade Florida, for a period of one ar next precedin the aft pe or pub Sworn to and subscribed before me this ication of the attached copy of advertisement; and er says that she has neither paid nor promised any or corporation any discount, rebate, commission for the p •• se of securing this advertisement for on in the 1• newspaper. • • i `.a • "OFFICIAL NOTARY SEAL" CHERYL H. NAFNER Ct,i'N. EXP. 4/12/92 ILLAGE OF KEY BISCAYNE,``FLORIDA PUBLIC NOTICE =NOTICE IS H1EREB'"GIVENTHAT THE- FOLLOWING EMERGENCY; S ORDiN?ANCE-WAS CONSIDERED AND PASSED -BY -THE `KEY' ,ISG BOARD OF TRUSTEE§ AT , EEhNG WH CH WAS HEED ON THURSDAY. SEPTEMBER 26; 1991, COMMENCING ATE 7'UO=RM AT THE=KEY BISCAYNE ELEMENTARY SCHOOL, 151 ,WEST-MCINTYRE STREET; KEY-BISCAYNE;FLORIDA.= rc= AN EMERGENCY-ORDINANCE'OE THE VILLAGE DF'KEY'' BISCAYNE AUTHORIZING` THE PURCHASING OF' LIABIL- ITY, ERRORS` AND OMISSIONS= INSURANCE. MAKING A FINDING, OF EXISTENCE Og-AfcEMEAGENoy: MAKING' A SPECIFIC" FINDING OFIN4P AGTIcABILITY; WAIVING' COMPETIT WE BIDDING: AUTHORIZ;NGsTHE MAYOR. TO,. EXECUTE NECESSARY AND.APPROPRIATE=DOCUMENTS, TO EFFECTUATE'SUCHu PURCHASE: AND PROVIDING AN EFFECTIVE DATE - ` `-%' OPIES OF THE- ORDINANNCE MAY BE,SEEN AT -THE KEY', BISCAVNE PUBLIC_LIBRA9RY. ^10/1 ___ ,91.4-160111M MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersignedauthoritypersonally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE Public Notice Re: Ordinance #91-06 An Ordinance of the Village of Key Biscayne, Florida providing for the in thdoption of the first, etc. e Court, X X was published in said newspaper in the issues of December 23, 1991 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second cla mail matter at the post office in Miami in said Dade C the fir affian perso or re publi 23rd Dec day of (SEAL) lorida, for a period of one year next preceding tion of the attached copy of advertisement; and says that she has neither paid nor promised any or corporation any discount, rebate, commission r the pu ••. e of securing this advertisement for in the sai.t ewspaper. �. ith Sv . 4xP4r r. bscribed before me this 91 A.D. 19 nos "OFFICIAL NOTARY SEAL" CHERYL H. MARKER MY COMM. EXP. 4/12/92 ' BO Y. BISCAYNE, FEORIDi PUIBL1C NOTICE EBYtGIVEi THHAT TI-IEFOLLOWING PROPOSED !LL $E CONSIDERED YeHIE I(EY BISCAYNE" USTEES AT:A MEETING -TO BE HELD ON'TIYESDAY, 3AN)`}ARY 14 199a'',COMMENJCIIde AT' 00 P.M. AT: THE KEY RBISCAYNEE EMENTARY SCH'iOL 16,t Esi,MCINTYRE'STREET. 'KFY=R1Cr`A'RxuF .OA'IDJ' -. IOPTION= F HEFIRST~BU GET:. AUNT TO'SECTIION 8.06,OF THE_ EV BISCAY;L2 PROVIDING AWAND BE:; :S`EEY1=`AT THEN. SUITE201, KEY,. �'.AN�IC�PERS'QN;1Y�?&flNGtO'APPEAL;TN1t PCSGN MADE BY THE BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILE NEED A RECORD.OESTHE'PROCEEDING,._ AND FOR -SUCH PURPOSES,; MAY' NEED TO ENSURE THAT 'A:: VERBATIM RECORD'OF THE;. PROCEEDINGS JS MADE, WHICH RECORD- INCLUDES THE'TESTIMONY AND. EVIDENCE UPON WHICH THE APPEAL IS MADE` 91-4-122306M ORDINANCE NO 9, a AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE AUTHORIZING THE INCURRING OF INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $100,000 FOR TRANSITIONAL MUNICIPAL OPERATIONS AND EXPENSES; PROVIDING FOR THE APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS OF SUCH INDEBTEDNESS BY RESOLUTION ADOPTED BY THE BOARD OF TRUSTEES; PROVIDING FOR REPAYMENT OF SAID INDEBTEDNESS FROM AVAILABLE MUNICIPAL REVENUES; PROVIDING THAT THE TERM OF SUCH LOAN SHALL NOT EXCEED TWELVE MONTHS; PROVIDING FOR EXECUTION OF DOCUMENTS; AUTHORIZING FURTHER OFFICIAL ACTION; SPECIFYING GOVERNING LAW; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Article 8, Section 2(b) of the Constitution of the State of Florida grants to municipalities such governmental, corporate and proprietary powers as are necessary in order to enable them to conduct municipal government, perform municipal functions, and render municipal services; and WHEREAS, Section 166.021(4), Florida Statutes 1990, grants to municipalities all powers not expressly prohibited by the Constitution, general or special law, or County Charter; and WHEREAS, Section 4.03(6) of the Charter of the Village of Key Biscayne provides that the Village Board of Trustees may by ordinance borrow money; and WHEREAS, the Village is in need of interim funds to pay for various municipal expenses until such time as it begins to receive revenues from various sources, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Authorization. The Village is hereby authorized to incur indebtedness in an amount up to $100,000 to pay for various municipal expenses and services on an interim basis. Section 2. Terms of Indebtedness. The interest rate, terms, maturity and other details of such indebtedness are subject to approval by this Board by subsequent resolution. Section 3. Repayment. Such indebtedness shall be repaid by the Village through taxes, fees and other revenues received by the Village. Section 4. Term. The term of such indebtedness shall not exceed 12 months. Section 5. Execution of Documents. The documents evidencing such indebtedness shall be executed in the name of the Village by the Mayor and shall be approved as to form and correctness by the Village Attorney. Section 6. Further Official Action. The Mayor, Vice Mayor, Village Manager and Village Attorney are hereby authorized, empowered and directed to execute and deliver such other documents and take other such actions which shall be necessary and appropriate to incur the indebtedness. Section 8. Governing Law. The provisions of this ordinance shall be construed and enforced in accordance with the laws of the State of Florida. Section 7. 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. -2- Section 8. Effective Date. This Ordinance shall be effective upon adoption on second reading upon approval not less than five members of the Board of Trustees. PASSED AND ADOPTED on first reading this aLo day of sat_ , 1991. PASSED AND ADOPTED on second reading this (76t a,k. , 1991. Attest: )i � S Village Clerk K;n6m Approved As to Form And Legal Sufficiency Village Attorney czOi&esm) Moved by: Th(q,LunnA Or Second by: 1 . VOTE AS FOLLOWS: TRUSTEE BRODY: 1Mo+— TRUSTEE FRIED: � � TRUSTEE HILL! 1\1Ul TRUSTEE :LAUREDO: cpL__ TRUSTEE RASCO:�Q i "- VICE .MAYOR.SULLIVAN! MAYOR CONTE: Ontf -3- l5 day Rafael�ji. Conte, Mayor Rafael MIAMI REVIEW Published Daily except Saturday, Sunday and Legal .Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally -appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VIALLAGE OF KEY BISCAYNE Proposed Ordinance will be considered by The Key Biscayne Board of Trustees at meeting to be held. on Tuesday, October 15, 1991 in X X X Court, was published in said newspaper in the issues of October 1, 1991 Affiant further says that the said Miami Reviewis a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County. Florida, each day (except Saturda Sunday and Legal Holidays) and has been entered as ss mail matter at the post office in Miami in said y, Florida, for a period of one year next preceding blication of the attached copy of advertisement; and her says that she has neither paid nor promised any rm or corporation any discount, rebate, commission d for th= urpose of securing this advertisement for ion in t aid newspa 1st day of s .p0 +^ */;14:E"DF tZ�tR Ate "OFFICIAL NOTARY SEAL" CHERYL H. MARMER MY COMM. EXP. 4/12/92 Sworn to,Ackaulirribed before me this Oct °' * 91 A.D. 19 VILLAGE CP KPUBLEY ICBJSCANOTICEYNE, FLORIDA NOTICE IS HEREBY+GIVER THAT THE FOLLOWING PROPOSED.. ORDINANCE WILL BE CONSIDERED BY THE ;KEY BISCAYNE -. BOARDOF TRUSTEES AT A MEETING TO BE. FIELD ON TUESDAY, OCTOBER 15;1901; COMMENC(NG AT Z 00 P.M. AT KEY etscAY-W.. ELEMEFkTARY SCHOOL,, f51 WEST MCINTYRE,STREET, KEY BISCAYNE; RORIDA AN-ORDINANCEOF THE VICLAGeOF'KEY BISCAYNE AUTHORIZING TME'INCUflFiFIgGQ ,IN DEBT£DNESS, IN' A tAMOVNTT NOT TO%E-X;CEEp $100;000'FOOR TRMtssfEteNAt MVNI belEiRAL OPEFtATfQN5:A.ND EXPENSES; PROVIDINGTFOR- T#t£ A'PR0VALOF :THE` li SPECIFIC TERMS AND'CONDEGONS:OFSUCH INDEBT";_ EDNESS BY; RESOt)TION rAOOPTED'BY THE. BOARD' OF TRUSTEES: PROVIDING FOR REPAYMENT OR SAID, INDEBTEDNESS FROM.,AVALLABSLE M1JN`LCfRA_L ; > : REVENUES =PROVWING 'THAT THE TERM`OF SUCH `LOA'I.:4 SHALL T EXCEED T)tVELV E 4ONTHS RROVIi) ING`FOR'EXECU-1:1 ION or--DO.Lx1MEN'GS;1411:G:: 3} FURTHER OFFICIAL ACTION;'+SPEC 1FYFNG GOVERNING LAW; -PROVIDING F- OR'SEVERABIUTY:AND- AN EFFEC- TIVE DATE. INTERESTED fl RTtES4.4RE"INVITED'TO APPEAR A.ND SE `HEtiRD,'COPtES%O`F TI-(PORDINANCEMAY'SE:SEEN ATmE:KEY. BISCAYNE PU BLIC LfBRARY'. . ANY PERSON WISHING TO APPEAL ANY DICISION"MADE BY TH£ BOARD W+TA RESPECT "f0 ANY MATTER- CONSIDERED,AT; .'THIS MEETING"-WILLH.`NEEOA`RECCRD»OF.THE PROO£ED1NG,.: v -AND -re `ca RURPOSES,'MAYNEED T1 ENSURE THAT:A VER +BATtIvt RECORDOF THE, PROCEEDING^$ S -MADE; WHICH RECORD INCLUDES THE TEST_fiviONl`AND. EVTp£NCE;UPON we 01 THE'. .APPEAL�tMADE. 91-a-rooiwM- ORDINANCE NO; EQAN EMERGENCY ._ ORDINANCE OF IRE VIIZACE OF BEY RtscAYNE, =PIER 33 " M3DIFICATIoN OF. THE PROVISIONS OF AFFLAPPLICABLE ZING OF THE DADS OOONPY COME ASMADE IC 8.03 OTUE VILLAGE Or KEY BTsCAYNEFURsul ' w fllsDICftai OF SO AS Tq VEST OF-THE'VrLLAGE IN LTRf1 OF OFFICIALS, TERS IN THE HEARD OF AND BOARDS OF ME L � LNG. S AND JURISDICTION; PROVZi}ZiiG. IOR �lN �.. SUCH OF 1F TO AN INDNITUAI, THEATTeN BY PEft9 FOR Rzvm AND SIGN -OFF OF L PE �1� ZONING O:}dii IAN . ALL PERM EFFECTIVE GATE; FbR, FDDVD Iht FUR D ARATION OF` CD.pc FOR ENCY. VE LYiTEJ.. WEBERS, Soctioi 8.03 of the Charter of the Village of Key 8iscayne provides that until otherwise modified or replaoeci by, the Carter or by the Village Board of TRvstees, all amity , ordinances and Resolutions in effect on the day of adoption of the Garter shall, to extent applicable to the Village, remain in force and effect as a Municipal Cede, ordinance and Resolution of the Village; and .. 43 AS, it is necessary to provide for the mien of certain. aspects of Building and Zoning authority by the Board of Trustees of the Village of Fey Biscayne in lieu of the Board of County ,Cwmissioners, minty atildinq and Zoning Appeals Boards, County Director of Buildng and ZoniTr3 or other City Officials; and WHEREAS, pursuant to the Agreement of Octdber 15, 1991 between Metropolitan Dade Casty and the Village of Key Biscayne, an interim Agreement has been readied an the transition of Building and Zoning functions ami services frun Metropolitan.Dade peony to the jurisdiction of the Village of Key Biscayne; and WHEREAS, it is necessary to enact this ortlinanoe to facilitate the implementation of the Akjsersa t referred to above. NOW, TiBinEmaji IT IS HEREBY THE VIIZAf;E OF y , ORMI BY THE ql +g OF - THE FLORna AS FOLLOWS: sectin,,-M That pursuant to Section 8.03 of the Charter of the Village of Key Biscayne,. Chapter33, "Zoning", of the Dade County Code, as made applicable to the Village pursuant to ,the lrovisions of Section 8.03 of the Village Garter, is hereby amended to'substitute the Iioani of Trustees of the Village of, Key Biscayne in the place and stead of County officials, Boarde,r or cbnenittees includirx3 but twit limited to, the Board of Chanty Cce ni.ssioriers, the Directorioff Building and Zoning and. the Board prccctly review such action under the standards aid criteria referenced above. The decision of the Boat of Trustees shall be final., subject to judicial review by writ of certiorari to the extent provided by law. Section 3. That it is necessary to take immediate steps to implement the provisions of the Aga. eawnnL of October 15, 1991 between Dade Catty and the Village of Key Biscayne so as to assure a smooth transition of Building and Zoning functions and to avoid a delay which would heaver private parties from proceeding with lawful building activities. Therefore, the matter of the adoption of this ordinance is hereby declared to be an emergency. Section 4. Effective Date. This ordinance shall be effective immediately upon passage on fisaL and only reading, as an emergeny ordinance. Pursuant to Sec. 8.07 of the Village tharter, this arergy oadinaire shall be effective for a period of ninety (90) days, and thereafter may be readopted, renewed or otherwise continued in the manner prescribed for ordinances LilYNOJYIif0OSW PASSED AND ADMPPID by h vote of the Board of Trustees of the Village of Fay Biscayne this ae1- day of Ortob , L991. RAFAEL MAYOR INTERIM VILLAGE APR OVED0 P ' " , { U INTERIM VILLAGE ATTOPNEY MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Super• visor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of vILLAr OF KEY BISCAYNE Public Notice Re: An emergency ordinance of the Village of Key Biscayne, F1ntida providing for modification of the provisions of Chaptor 33 "ZONING", etc. X x x in the was published in said newspaper in the issues of December 4, 1991 Court, Aftiant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 Dade County, Florida, for a period of one year next preceding the first publication of the attached co of advertisement; and enfant further says that she has n�yr-r p: nor promised any Irm or corporation an cant, =bate, commission for the pu . •se e- r. g ihi= advertisement for n the ne 4 (SEAL) day o *OFFICIAL NOTARY SEAL" CRISTII4A INGELWA 14Y COMM. EXP. 4/5/95 subscribed before me this ......., A D. 19 91 •m VILLAGE Of KEY stsca itiEr FEortilp ' PUBLIC NOTICE ..i NOTICE 1S HEREBY GIVENTHAT THE FOLLOWING EMER- GENCY ORDINANCES HAVE BEEN CONSIDERED AND PASSED 'BY THE `KEY BISCAYNE BOARD OF TRUSTEES AT A' MEETING WHICH WAS HELD` ON THE DATES INDICATED` WITH THE MEETINGS COMMENCING AT 7:00 P.M. AT THE KEY—BISCAYNE ELEMENTARY SCHOOL, 151, WEST MCINTYRE STREET, -KEY' , BISCAYNE, FLORIDA. AN EMERGENCY ORDINANCEOF THE VILLAGE OF KEY BISCAYNE, FLORIDA PROVIDING FOR MODIFICATION- OF THE PROVISIONSOF CHAPTER 33 '2ONING' OF THE DARE COUNTY CODE AS MADE APPLICABLE TO THE VILLAGE OF KEY. BISCAYNE PURSUANT 10 SECTION 8.03 OFTHE VILLAGE CHARTER SO AS TO VEST -JURISDIC- TION OF ZONING MATTERS IN` THE BOARD OF TAUS- _ TEES OF THE VILLAGEIN LIEU OF OFFICIALS, COMMIT- TEES AND BOARDS OFMET.ROPOLITAN- DADECOUNTY EXERCISING SUCH JURISDICTION: PROVIDING FOR DELEGATION, BY THE BOARD OF TRUSTEES TO AN INDI- VIDUAL TRUSTEE OR OTHER PERSON FOR REVIEW AND SIGN OFF OF ALL PERMIL.APPLICATIONS FOR ZONING COMPLIANCE" PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR DEOLA.RATION OF EMEJRGENCY:! Passed October 22, 1991.. AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE ADOPTION OF THE FIRST BUDGET OF THE VILLAGE PURSL/ANT TO SECTION 8.06 OF THE 'CHARTER OF THE VILLAGE OF KEY BISCAYNE: PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR DECLARATION OF EMERGENCY. Passed October 30, 1991 - AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE; AUTHORIZING THE PURCHASING OF FIDEL- ITY INSURANCE/BONDS FOR PERSONS WHO CONTROL OR DISBURSE :FUNDS OF THE VILLAGE; MAKING ArFIND- ING OF THE EXISTANCE OF AN EMERGENCY; MAKING A SPECIFIC FINDING OF IMPRACTICABILITY; WAIVING COMPETITIVE BIDDING; AUTHORIZING THE MAYOR TO EXECUTE NECESSARY AND APPROPRIATE DOCUMENTS TO EFFECTUATE SUCH PURCHASE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed -October -30, 1991. COPIES OF THE ORDINANCES MAY BE SEEN AT THE VILLAGE, ' OFFICES, 91 WEST MCINTYRE STREET, SUITE 201, KEY' BISCAYNE. 91=4-120414M q 4 Ra-o= ORDINANCE AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PROV/DING FOR THE ADOPT/ON OF THE FIRST BUDGET OF THE VILLAGE PURSUANT TO SECTION 8,06 OF THE CHARTER OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR EFFECTIVE DATE; PROVID/NG FOR DECLARATION OF EMERGENCY. WHEREAS, pursuant to Section 8.06 of the Charter of the Village of Key Biscayne, the first budget is to be adopted or on before October 30, 1991; and WHEREAS, the first budget is designed as a transition budget for the year of transition from county functions and services to municipal functions and services. NOW, THEREFORE, IT IS HEREBY ORDAINED SY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Budget Approved and Adopted. The budget of the Village of Key Biscayne for the first fiscal year commencing on the effective date of the Charter of the Village of Ke-i—ii-i-daygeNand ending on September 30, 1992 is hereby approved, and funds are hereby alipropriated for expenditure in accordance with said budget, as attached hereto and incorporated herein. Section 2. Declaration of Emergency. In order to comply with Section 8.06 of the Village Charter, which provides that the first budget shall be adopted on or before October 30, 1991, it is necessary to adopt the attached budget by emergency ordinance since time only permits one reading of this ordinance prior to October 30, 1991. Therefore, the matter of the approval of the budget be and the same is hereby declared to be an emergency. Section 3. Effective Date. This ordinance shall be effective immediately upon passage on first and only reading, as an emergency ordinance. PASSED AND ADOPTED by (p.Q vote of the Board of Trustees of the Village of Key Biscayne, this 3i' 'de o ctober , 1991. U ATTEST: APPROVED; IMMIS VILLAGE ATTORNEY RAFAEi H. CONTE, MAYOR BINDER OF COVERAGk `"FLAME AND MAILING ADDRESS OF DESIGNATED ►AEMBER trr. Clifford Brody Village of Key Biscayne 104 Crandon Boulevard, Suite 421 Key` Biscayne, FL 33149 EXPIRES 12.:06 midnight December 1 EFFECTIVE 12:01 am October 1 •1991 .1991 NAME AND ADDRESS OF ADMINISTRATOR Florlcla League of Cities, lee. Public Risk Services P.O. Box 530065 Orlando, Florida 3:'8153-0065 THIS BINDER 1S A TEMPORARY CONTRACT OF COVERAGE, SUBJECT TO THE CONDITIONS SHOWN BELOW. COVERAGE PROVIDED BY FLORIDA MUNICIPAL LIABILITY SELF INSURERS PROGRAM TYPE OF COVERAGE LIMITS OF LIABILITY FOR ANY OR ALL AGREEMENT NUMBER VERAGES ComprehensiveOiry.Pr & General a end Personal inlutY o Law Enforcement Liability ENDORSEMENTS Completed Operations and Products Named Contractual l Liability (Designated Contraets Only) Owners and Contractors Protective Liability Host Liquor Law Liability Incidental Medical Malpractice Liability' Premises Medical Paymenis Fire Legal Liability Public Officials Errors and Ornisdons Medical AttendentsiMadioal Directors` Malpractice Liability Watercraft Liability AdAmisrng Injury Liability Employee Benefits Program Administration LieGTq Bari Form Property Damage Automobile Liability Leased Automobile Liability Uninsured Motorist. Protection Automobile Moil Payments Personal Injury Protection Liability Deductible Specific Excess Large Member Rating Agreement fML=:520 SPECIAL CONDITIONS/OTHER COVERAGES CONDITIONS This Program bonds the kind(s) of coverage stipulated above. This coverage is subject to the Maims. comitions and limitations of the agreement -an current use by the Program. This binder may be macaw! by dw member by surrender of biro binder w by written note to the Program strong when cancetlahon will be effective. This binder may be cancelled by the Program by notice to the member in aoeocdance with dm ecndbons of the agreementThis binder is canc®Iied when replaced by an agreement 11 this binder is not replaced by an eoreement lire Program is sntidod to tarrge it premium for the binder aeoonitng to the Nis and rates in use by the Program. $ COVERAGES OR ENDORSEMENTS .090 Each Person/ 100.000 Each Qrccurence $ ,000 Combined Single Limit of Liability $ .000 Par Person Statutory $ ADD PerOsmiunce $5,000,o o Par:oacuronce VILLAGE OF KEY RISCAYNE TRANSITIONAL BUDGET - 1991-92 (AS ADOPTED BY THE BOARD OF TRUSTEES 10/30/91) REVENUES: UTILITY SERVICE COUNTY SUBSIDIZED REVENUES TOTAL REVENUE: EXPENDITURES: ADMINISTRATION: VILLAGE MANAGER ADDITIONAL EXPENSES VILLAGE CLERK ADDITIONAL EXPENSES STAFF (OTHER ADMIN. SALARIES) FINANCE DIRECTOR/ASST. MGR. ( Boc,kkeeper ) MAYOR/TRUSTEES (OUT OF POCKET) LEGAL (VILLAGE ATTORNEY) ACCOUNTING FEES $800,000 $1,024,700 $1,824,700 $60,000 $24,200 $30,000 $10,000 $80,000 $40,000 $14,000 $80,000 $10,000 ADMINISTRATIVE OPERATIONS: UTILITIES (FPL/SOUTHERN BELL) $8,000 OFFICE SUPPLIES $6,000 TRAVEL ALLOWANCE $5,000 (TAGS/PER DIEM/PARKING) DUES AND SUBSCRIPTIONS $3,000 ADVERTISING/PUBLIC INFORMATION $10,000 CODIFICATION OF ORDINANCES $10,000 INDEXING OF MINUTES $4,000 FACILITIES (RENT) $50,000 POSTAGE $5,000 MAINTENANCE/UPKEEP $2,000 SUBTOTAL ADMINISTRATION: $451,200 ADMINISTRATION CONTINGENCY: $60,000 TOTAL ADMINISTRATION: $511,200 START-UP COSTS: FURNITURE/OFFICE PLANNING/DESIGN OFFICE SUPPLIES COMPUTER/SOFTWARE TELPHONE SYSTEM/INSTALLATION FAX MACLIINE(S) PA/RECORDING SYSTEM PI IOTOCOP 1 ER PERSONNEL SEARCH (MANAGER,ETC) MISCELLANEOUS STARTUP COSTS SUBTOTAL START UP: START UP CONTINGENCY: 1 $40,000 $10,000 $20,000 $8,000 $2,000 $7,500 $8,000 $25,000 $10,000 $130,500 $19,000 10/3 $1,824,7 VILLAGE OP KEY BISCAYNE TRANSITIONAL BUDGET -- 1991-92 (AS ADOPTED BY TUE BOARD OF TRUSTEES 10/30/91) TOTAL START UP COSTS: $149,500 PLANNING BUILDING AND ZONING: MASTER PLAN DEVELOPMENT B&Z CONSULTANT (CONTRACTURAL) SUBTOTAL BUILDING & ZONING: BUILDING AND ZONING CONTINGENCY: TOTAL BUILDING AND ZONING: PUBLIC WORKS: VILLAGE ENGINEER (CONTRACTUAL) PUBLIC WORKS/PROFESSIONAL CONSULTING PUBLIC WORKS PROJECTS SUBTOTAL PUBLIC WORKS: PUBLIC WORKS CONTINGENCY: TOTAL. PUBLIC WORKS: PARKS/RECREATION/SOCIAL/CULTURAL.: CALUSA IMPROVEMENTS PARKS OPERATION SOCIAL/CULTURAL/EQUIPMENT ACQUISITIONJPHISICAL IMPROVEMENTS SUBTOTAL PARKS/REC/SOCIAL/CULTURAL: PARKS/REC/SOC/CULT CONTINGENCY: TOTAL PARKS/RECREATION/SOCIAL/CULTURAL: INSURANCE: INSURANCE SUBTOTAL INSURANCE: INSURANCE CONTINGENCY: TOTAL RISK MANAGEMENT: FIRE/RESCUE: CONSULTING COSTS SUBTOTAL. FIRE/RESCUE: FIRE/RESCUE CONTINGENCY: TOTAL EIRE/RESCUE: 2 $110,000 $20,000 $130,000 $3,000 $133,000 $10,000 $10,000 $74,000 $94,000 $14,000 $108,000 $10,000 $40,000 $95,000 $145,000 $20,000 $165,000 $20,000 $20,000 $3,000 $23,000 $50,000 $50,000 $7,000 $57,000 10, VILLAGE OF KEY BISCAYNE TRANSITIONAL BUDGET -- 1991-92 (AS ADOPTED BY THE BOARD OF TRUSTEES 10/30/91) TRANSITIONAL POLICE: CONSULTING/START-UP COSTS: 1 1/2 MONTHS FULL STAFF SUBTOTAL TRANSITIONAL POLICE: POLICE CONTINGENCY: $250,000 $250,000 $500,000 $70,000 TOTAL POLICE TRANSITION COSTS: $570,000 INTEREST EXPENSE $8,000 TOTAL INTEREST EXPENSE: $8,000 RESERVE FOR EMERGENCY EXPENSES: $100,000 TOTAL RESERVE: $I00,000 10, TOTAL EXPENDITURES: $1,824,700 .(,$1,824,; ENDING BALANCE: VILLAGE OF KEY BISCAYNE BUDGET 1991-g2 COUNTY SLSSICIZ 1024700 Total Budget $1,824,700 D 56% REVEN,., UTILITY SERVICE 44% 800000 ES VILLAGE OF KEY BISCAYNE BUDGET 1991-92 POLICE TRANSITION 31% $570000 RESERVE 5% $100000 FIRE & RESCUE 3% $57000 INTEREST EXPENSE Q% $8000 ADMINISTRATION 28% $511200 HN D j I L RE,1 Total Budget: $1,824,700 PUBLIC WORKS 5% $108000 PARKS/REC/SOC/CULT 9% $165000 START UP COSTS 3% $149500 INSURANCE 1% $23000 ANNING B&Z 7% $133000 ii MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Super- visor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE Public Notice Re: An emergency ordinance of the Village of Key Biscayne, Florida providing for modification of the provisions of Chapter 33 "ZONING", etc, in the X X X Court, was published in said newspaper in the issues of December 4, 1991 Aifiant further says that the saki Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 Dade County, Florida, tor a period of one year next preceding the first publicationof the attached co of advertisement and affiant further says that she has n�yr. r p: nor promised any parse irm or corporation an nt, :bate, commission or . tor the pu .ose -e- g thi- advertisement for p Lai • n the - - -- - (SEAL) 1H«subscribed before me this .*..... . , A.D. 1991 :ear's "OFFICIAL NOTARY SEAL' CRISTINA INFELMO NT COMM. EXP. 4/5/95 VILLAGE OF KEY BISCAYNE, FLORIDA PUBLIC NOTICE NOTICE IS HEREBY GIVEN -THAT THE FOLLOWING EMER- GENCY ORDINANCES HAVE BEEN CONSIDERED AND PASSED BY THE KEYBISCAYNE BOARD OF TRUSTEES AT A MEETING WHICH WAS HELD ON THE DATES INDICATED WITH THE MEETINGS COMMENCING AT 7:00 P.M. AT THE KEY BISCAYNE ELEMENTARY SCHOOL, 151 WEST MCINTYRE STREET„ KEY BISCAYNE, FLORIDA... AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY- BISCAYNE, FLORIDA PROVIDING FOR MODIFICATION OF THE PROVISIONS OF CHAPTER 33 "ZONING" OF THE DADE COUNTY CODE AS MADE APPLICABLE TO THE VILLAGE OF KEY BISCAYNE PURSUANT TO SECTION 8.03 OF THE VILLAGE CHARTER SO AS TO VEST JURISDIC- TION OF ZONING MATTERS IN THE BOARD OF TRUS- TEES OF THE VILLAGE IN LIEU OF OFFICIALS, COMMIT- TEES AND BOARDS OF METROPOLITAN DADE COUNTY EXERCISING SUCH JURISDICTION: PROVIDING FOR DELEGATION BY THE BOARD. OF TRUSTEES TO AN INDI- VIDUAL TRUSTEE OR OTHER. PERSON FOR REVIEW AND SIGN -OFF OF ALL PERMIT APPLICATIONS FOR ZONING COMPLIANCE: PROVIDING FOR- EFFECTIVE. DATE; PROVIDING FOR DECLARATION OF EMERGENCY. - Passed October 22, 1991. c. AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE ADOPTION. OF THE FIRST BUDGET OF THE VILLAGE PURSUANT TO SECTION 8.06 OF THE CHARTER OF. THE VILLAGE OF KEY BISCAYNE: PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR DECLARATION OF EMERGENCY. Passed October 30, 1991.: AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE; AUTHORIZING THE PURCHASING OF FIDEL- ITY INSURANCE/BONDS FOR PERSONS WHO CONTROL OR DISBURSE FUNDS OF THE VILLAGE; MAKING A FIND- ING OF THE EXISTANCE OF AN EMERGENCY; MAKING A SPECIFIC FINDING OF IMPRACTICABILITY; WAIVING COMPETITIVE BIDDING; AUTHORIZING THE MAYOR TO EXECUTE NECESSARY AND APPROPRIATE DOCUMENTS TO EFFECTUATE SUCH PURCHASE; AND PROVIDINGFOR AN EFFECTIVE DATE. Passed October 30, 1991. COPIES OF THE ORDINANCES MAY BE SEEN AT THE VILLAGE OFFICES, 91 WEST MCINTYRE STREET, SUITE 201, KEY BISCAYNE - - 1214 91-4-120414M it ORDINANCE NO. G1-05 AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE; AUTHORIZING THE PURCHASING OF FIDELITY INSURANCE/BONDS FOR PERSONS WHO CONTROL OR DISBURSE FUNDS OF THE VILLAGE; MAKING A FINDING OF THE EXISTENCE OF AN EMERGENCY; MAKING A SPECIFIC FINDING OF IMPRACTICABILITY; WAIVING COMPETITIVE BIDDING; AUTHORIZING THE MAYOR TO EXECUTE NECESSARY AND APPROPRIATE DOCUMENTS TO EFFECTUATE SUCH PURCHASE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this Board has determined that there is an immediate need for purchasing fidelity insurance/bonds; and WHEREAS, pursuant to Section 4.04 of the Charter of the Village of Key Biscayne, emergency ordinances may be enacted, upon a finding of a public emergency affecting life, health, property or the public peace; and WHEREAS, this Board makes the specific finding that it would be impracticable to purchase such insurance/bonds through a competitive bidding process due to the time consuming nature of such process; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. This Board hereby declares that a public emergency exists pursuant to Section 4.04 of the Charter of the Village of Key Biscayne. Section 2. This Board hereby waives competitive bidding pursuant to Section 3.08 of the Charter of the Village of Key Biscayne, in that it would be impracticable to competitively bid such insurance due to the length of time necessary to complete such a process. Section 3. The Mayor is hereby authorized to enter \ into an agreement, ..to purchase fidelity insurance/bonds from ck09.: ��k�AI.UJ1Ct 1 541(- `aAeGgs paCITs \ in the amount of $ 1 a5`00100 for persons who control or disburse funds of the Village for the period between November 1, 1991 through September 30, 1992. The cost of such insurance shall not exceed $ I% 4.tO per year. Section 4. The Mayor is hereby authorized to execute all documents necessary to purchase such insurance coverage. Section 5. Effective Date. This ordinance shall become effective upon adoption. PASSED AND ADOPTED this .3O' daAr of October, 1991. ttest: Village Clerk Rafael -2- . Conte, Mayor MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Sabre theundersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Super. visor of Legal Advertising of the Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper,. published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE Public Notice Re: An emergency ordinance of the Village of Key Biscayne, Florida providing for IHzfification of the provisions of Chapter 33 "ZONING", etc. in the X X X Court, was published in said newspaper in the issues of December 4, 1991 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached co of advertisement; and afflant further says that she has n ,.nr p: • nor promised any perso irm or corporation an .' - nt, :bate, commission or L .tl• ,or the p the pu ose e- r g thi: advertisement for vsubscribed before me this ;. ....., A.D.19 91 • (SEAL) "OFFICIAL NOTARY SEAL* CRISTINA INSELNO NY COMM. EXP. ♦/5/94 VILLAGE OR KEY BISCAYNE, FLORIDA PUBLIC NOTICE NOTICE IS HEREBY GIVEN" THAT THE FOLLOWING EMER- GENCY ORDINANCES HAVE. BEEN CONSIDERED AND PASSED BY THE KEY BISCAYNE BOARD OF TRUSTEES AT A MEETING WHICH WAS HELD ON THE DATES INDICATED WITH THE MEETINGS COMMENCING AT 7:00 P.M. AT THE KEY BISCAYNE ELEMENTARY SCHOOL, 151 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA... - •w AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,FLORIDA PROVIDING FOR MODIFICATION OF THE PROVISIONS OF CHAPTER 33 "ZONING" OF THE DADE COUNTY CODE AS MADE APPLICABLE TO THE VILLAGE OF KEY BISCAYNE PURSUANT TO SECTION 8.03 OF. THE VILLAGE CHARTER SO AS TO VEST JURISDIC- TION OF ZONING. MATTERS IN THE BOARD OF TRUS- TEES OF THE VILLAGE IN LIEU OF OFFICIALS, COMMIT- TEES AND BOARDS OF METROPOLITAN DADE COUNTY EXERCISING SUCH JURISDICTION: PROVIDING FOR . DELEGATION BY THE BOARD OF TRUSTEES TO AN INDI- VIDUAL TRUSTEE OR OTHER PERSON FOR REVIEW AND SIGN -OFF OF ALL PERMIT APPLICATIONS FOR ZONING COMPLIANCE: PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR DECLARATION OF EMERGENCY:, Passed October 22, 1991. AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE ADOPTION OF THE FIRST BUDGET OF THE VILLAGE PURSUANT TO SECTION 8.06 OF THE CHARTER OF THE VILLAGE OF KEY BISCAYNE: PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR DECLARATION OF EMERGENCY. Passed October 30, 1991. AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE; AUTHORIZING THE PURCHASING OF FIDEL- ITY INSURANCEBONDS FOR PERSONS WHO CONTROL OR DISBURSE FUNDS OF THE VILLAGE; MAKING A FIND- ING OF THE EXISTANCE OF AN EMERGENCY; MAKING A SPECIFIC FINDING OF. IMPRACTICABILITY; WAIVING COMPETITIVE BIDDING; AUTHORIZING THE MAYOR TO EXECUTE NECESSARY AND APPROPRIATE DOCUMENTS TO EFFECTUATE SUCH PURCHASE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed October 30, 1991. COPIES OF THE ORDINANCES MAY BE SEEN AT THE VILLAGE OFFICES, 91 WEST MCINTYRE STREET, SUITE 201, KEY BISCAYNE. 1214 914120414M ORDINANCE No. 91-06 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA -PROVIDING FOR THE ADOPTION OF THE FIRST BUDGET OF THE VILLAGE PURSUANT TO SECTION 8.06 OF THE CHARTER OF THE VILLAGE OF KEY BJ,SCAYNE; PROVIDING OF EFFECTIVE DATE. WHEREAS; pursuant to Section'8.06 of the Charter of the Village of Key Biscayne, the first budget was to be adopted11on or before October 30, 1991, WHEREAS, the first budget is designed as a transition budget for the year of transition from County functions and services to municipal functions and services. WHEREAS, the Board of Trustees on October 30, 1991 passed and adopted emergency ordinance #91-04, adopting a"transitional budget, and WHEREAS, pursuant to section 4.04 (d) of'the Village Charter,. Ordinance 91-04 is effective for a periodofninety (90) days from effective date, NOW; THEREFORE, BE IT ORDAINED//BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: rSECT'ION l: APPROVED AND ADOPTED. 'The budget of the Village of Key Biscayne for the First Fiscal year commencing•on the effective- date of the Charter .of the Village of Key Biscayne and ending on September 30, 1992 is hereby re -approved, and fund's are hereby appropriated for expenditure in accordance mith said budget, as attached hereto and incorporated herein. SECTION 2, EFFECTIVE'DATE. This ordinance shall become ctive upon "adoption on second reading ' 'PASSED ANp ADOPTED on first: reading his' 11441 ay of CQMlfl.a 1991.. - PASSED AND ADOPTED on second -reading this' I day of , 199t VILLAGE ATTORNEY VILLAGE OF KEY BISCAYNE BUDGET 1991-92 UTILITY SERVICE 44% 800000 COUNTY SL BSIDIZED 56% 1024700 REVENUES Total Budget $1,824,700 VILLAGE OF KEY BISCAYNE BUDGET 1991-92 POLICE TRANSITION 31% $570000 RESERVE 5% $100000 FIRE & RESCUE 3% $57000 INTEREST EXPENSE 0% $8000 ADMINISTRATION 28% $511200 EXPEND/ Total Budget; $1,824,700 JR S PUBLIC WORKS 5% $108000 PARKS/REC/SOC/CULT 9% $165000 START UP COSTS 8% $149500 INSURANCE 1% $23000 PLANNING B&Z 7% $133000 VILLAGE OF KEY BISCAYNE TRANSITIONAL BUDGET - 1991-92 (AS ADOPTED BY THE BOARD OF TRUSTEES 10/30/91) i \-EVENUES: UTILITY SERVICE COUNTY SUBSIDIZED REVENUES TOTAL REVENUE: EXPENDITURES: ADMINISTRATION: V 1 LLAGE MANAGER ADDITIONAL EXPENSES VILLAGE CLERK ADDITIONAL EXPENSES STAFF (OTHER ADMIN. SALARIES) FINANCE DIRECTOR/ASST. MGR. (Bookkeeper) MAYOR/TRUSTEES (OUT OF POCKET) LEGAL (VILLAGE ATTORNEY) ACCOUNTING FEES $800,000 $1,024,700 $1,824,700 $60,000 $24,200 $30,000 $10,000 $80,000 $40,000 $14,000 $80,000 $10,000 ADMINISTRATIVE OPERATIONS: UTILITIES (FPL/SOUTHERN BELL) $8,000 OFFICE SUPPLIES $6,000 TRAVEL ALLOWANCE $5,000 (TAGS/PER DIEM/PARKING) DUES AND SUBSCRIPTIONS $3,000 ADVERTISING/PUBLIC INFORMATION $10,000 CODIFICATION OF ORDINANCES $10,000 INDEXING OF MINUTES $4,000 FACILITIES (RENT) $50,000 POSTAGE $5,000 MAINTENANCE/UPKEEP $2,000 SUBTOTAL ADMINISTRATION: $451,200 ADMINISTRATION CONTINGENCY: $60,000 TOTAL ADMINISTRATION: $511;200 START-UP COSTS: FURNITURE/OFFICE PLANNING/DESIGN OFFICE SUPPLIES COMPUTER/SOFTWARE TELPHONESYSTEM/INSTALLATION FAX MACHINE(S) PA/RECORDING SYSTEM PHOTOCOPIER PERSONNEL SEARCH (MANAGER,ETC) MISCELLANEOUS STARTUP COSTS SUBTOTAL START UP: START UP CONTINGENCY: 1 $40,000 $10,000 $20,000 $8,000 $2,000 $7,500 $8,000 $25,000 $I0,000 $130,500 $19,000 10/31/91 $t,824,700 VILLAGE OF KEY B I SCAYNE TRANSITIONAL BUDGET -- 1991-92 (AS ADOPTED BY THE BOARD OF TRUSTEES 10/30/91) 'TOTAL START UP COSTS: PLANNING BUILDING AND ZONING: MASTER PLAN DEVELOPMENT B&Z CONSULTANT (CONTRACTURAL) SUBTOTAL BUILDING & ZONING: BUILDING AND ZONING CONTINGENCY: $149,500 $110,000 $20,000 $130,000 $3,000 TOTAL BUILDING AND ZONING: $133,000 PUBLIC WORKS: VILLAGE ENGINEER (CONTRACTUAL) PUBLIC WORKS/PROFESSIONAL CONSULTING PUBLIC WORKS PROJECTS SUBTOTAL PUBLIC WORKS: PUBLIC WORKS CONTINGENCY: TOTAL PUBLIC WORKS: PARKS/RECREATION/SOCIAL/CULTURAL: CALUSA IMPROVEMENTS PARKS OPERATION SOCIAL/CULTURAL/EQUIPMENT ACQUISITION/PHISICAL IMPROVEMENTS SUBTOTAL PARKS/REC/SOCIAL/CULTURAL: PARKS/REC/SOC/CULT'CONTINGENCY: TOTAL PARKS/RECREATION/SOCIAL/CULTURAL: INSURANCE: INSURANCE SUBTOTAL INSURANCE: INSURANCE CONTINGENCY: TOTAL RISK MANAGEMENT: FIRE/RESCUE: CONSULTING COSTS SUBTOTAL FIRE/RESCUE! FIRE/RESCUE CONTINGENCY: tOTAL FIRE/RESCUE: 2 $10,000 $10,000 $74,000 $94,000 $14,000 $108,000 $10,000 $40,000 $95,000 $145,000 $20,000 $165,000 $20,000 $20,000 $3,000 $23,000 $50,000 $50,000 $7,000 $57,000 10/31/91 VILLAGE OF KEY,BISCAYNE TRANSITIONAL BUDGET - 1991-92 (AS ADOPTED BY THE BOARD OF TRUSTEES 10/30/91) TRANSITIONAL POLICE: CONSULTING/START-UP COSTS: 1 1/2 MONTHS FULL STAFF SUBTOTAL TRANSITIONAL POLICE: POLICE CONTINGENCY: $250,000 $250,000 $500,000 $70,000 TOTAL POLICE TRANSITION COSTS: $570,000 INTEREST EXPENSE $8,000 TOTAL INTEREST EXPENSE: $8,000 RESERVE FOR EMERGENCY EXPENSES: $100,000 TOTAL RESERVE: $.100,000 10/31/91 TOTAL EXPENDITURES: $1,824,700 ($1,824.700) ENDING BALANCE: $p 3 ORDINANCE NO. E92 -0Z'„ EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; CALLING A SPECIAL ELECTION FOR MARCH 10, 1992 TO FILL A VACANCY ON THE BOARD OF TRUSTEES; PROVIDING REQUIREMENTS FOR QUALIFYING; PROVIDING FOR NOTICE OF THE SPECIAL ELECTION; PROVIDING FOR THE CANVASSING OF THE ELECTION RETURNS AND CERTIFICATES OF ELECTION; PROVIDING FOR THE ADOPTION OF THE STATE ELECTION CODE; PROVIDING A PROCEDURE IN THE EVENT OF VACANCY IN CANDIDACY; DECLARING AN EMERGENCY TO EXIST; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, by virtue of a resignation, a vacancy will be created in the Board of Trustees of the Village of Key Biscayne, Florida effective on or before February 4, 1992; and WHEREAS, the Village Charter requires that a special election be held to fill the vacancy; and WHEREAS, it is necessary that the Village establish procedures for thefilling of such vacancy; and WHEREAS, in order to hold the special election on March 10, 1992 and to comply with the Village Charter, the Board of Trustees must act on an emergency basis. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: SECTION 1. Special Election. A special election to fill the vacancy on the Board of Trustees shall be held on March 10, 1992 in conjunction with the Presidential Preference Primary. SECTION 2. Qualifying. Persons wishing to become candidates for the office must file a notice with the Village Clerk on or before noon, February 4, 1992 on the form provided below. NOTICE OF CANDIDACY I, hereby file this notice of my candidacy for the Board of Trustees of the Village of Key Biscayne at the special election to be held on March 10, 1992. I have continuously resided in the Village of Key Biscayne for more than one (1) year. Signature Print Name Social Security Number Address Telephone Number STATE OF FLORIDA COUNTY OF DADE BEFORE ME, the undersigned authority, personally appeared , to me known to be the person herein who executed the foregoing Notice of Candidacy this day of , 1992. )5S NOTARY PUBLIC Print Name My Commission Expires: SECTION 3. Notice of Election. The Village Clerk shall prepare, post and publish notice of the election in accordance with Section 100.342, Fla. Stat. (1991). SECTION 4. Canvassing of Election Returns; Certificates of Election. The special election shall be canvassed by the Village Clerk with the assistance of the Dade County Supervisor of Elections. The Village Clerk shall present a certification of election to the Board of Trustees at the first meeting of the Board of Trustees following the special election. SECTION 5. Chapters 97-106, Florida Statutes All municipal elections shall be specifically provided for in the Florida Election Code. The State Election Code, is hereby adopted by reference. conducted, except as otherwise Village Charter or ordinance of the Village, under the rules of elections prescribed by the general election laws of the State. SECTION 6. Vacancy in Candidacy. In the event a candidate dies, withdraws or is removed from the ballot following the end of the qualifying period leaving fewer than two (2) candidates on the ballot for the seat, and twenty (20) days or more remain prior to election day, registration books shall be reopened for a period of five (5) days for qualification of candidates for the seat. If fewer than twenty (20) days remain prior to election day and one candidate remains on the ballot for a open seat, the candidate shall run unopposed. If due to death, withdrawal, or removal, no candidate remains on the ballot for the open seat, this vacancy will be filled by another special election. SECTION 7. Declaration of Emergency. In order to timely comply with the requirements of the Village Charter and state law necessary to hold the special election on March 10, 1992, the Village must act immediately. Therefore, the matter of adoption of this ordinance is declared an emergency. SECTION 8. 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 9. Effective Date. This Ordinance shall be effective upon adoption. PASSED AND ADOPTED on 28th day of January, 1992. RAFAEL'c)'H. CONTE, MAYOR ATTEST: Beatri% M. Argiie4les Interim City Cle k APPROVED AS TO FORM AND LEGAL SUFFICIENCY Richard Jay LO s, Village Attorney MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma-V. Ferbeyre, who on oath says that she is the Super- , visor of. Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published atMiami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of \mai F OF KEY BISCAYNE FLORIDA Notice is given that the following Emergency; Ordinance was considered and passed by the Key Biscayne Board of Trustees at a meeting of January 28, 1992 #E92-07 in the X X X Court, was published in said newspaper inthe issues of February 5, 1992 Affiant further says that the said Miami Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement and aftiant further says that she has n :r • :Id nor promised any person, firm or corporation an rebate, commission or ref d for the purpose .J ring is advertisement for pub' r.rS' in the s:id n Swear 5th day of (SEAL) 'OFFICIAL NOTARY SEAL° CRISTIMA INFAUC MY COMM. EXP. 4/5/95 id subscribed before me this .e� r . . . . . .., A.D. 19 92 VILLAGE OF KEY BISCAYNE! FLORIDA' PUBLIC NOTICE Notice is herebyyiven that the following,Emergency.Ordinance was considered and passed by the Key Biscayne Board -of Truslls-. tees=•at a -meeting which was held on Tuesday, January: 28, 1992, :commencing at 7:00,pm. at -the Key Biscayne Elementary Scbopl, 151 West McIntyre Street, Key, Biscayne, fldrida. ORDINANCE NO. E92-07 AN EMERGENCY ©RDINANCE,OFTHE:IVILLAGE OF. KEY BISCAYNE, FLORIDA; CALLING A SPECIAL -ELECTION FOR MARCH 10, 1992 TO FILLA VACANCY ON THE BOARD OF TRUSTEES;, PROVFDING :FOR REQUIREMENTS FOR QUALIFYING -,PROVIDING FOR -NOTICE OF THE SPECIAL ELECTION; PROVIDING FOR THE CANVASSING OF THE ' ELECTION RETURNS ANDCERTIFICATES OF ELECTION; PROVIDING. FOB THE ADOPTION OF THE STATE ELEC TION CODE; PROVIDING A PROCEDURE IN THE,EVENT OF VACANCY 1N CANDIDACY DECLARING AN,EMER- GENCY TO EXIST; PROVIDING FOR SEVERABILITY;AND EFFECTIVE DATE I Copies of the ordinance maybe seen at the Key Biscayne Vit lage Clerk's Office at 91"JN. McIntyre St., Ste 201, Key Biscayne. s `21$ - 92-4-0205d7M: ORDINANCE NO. CPQ- --Coq AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DESIGNATING THE VILLAGE BOARD OF TRUSTEES AS THE LOCAL PLANNING AGENCY FOR THE VILLAGE; PROVIDING FOR TRANSMITTAL; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, this Board of Trustees, pursuant to Section 163.3174(1) Florida Statutes (1991) wants to designate the Board of Trustees of the Village of Key Biscayne as the Local Planning Agency for the Village. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:1 Sec. 1 That the Code of the Village of Key Biscayne is hereby amended by adding a new Chapter which Chapter shall read as follows: SECTION 1. DESIGNATION OF LOCAL PLANNING AGENCY. The Board of Trustees of the Village of Key Biscayne is hereby designated as the Local Planning Agency for the Village of Key Biscayne. Sec. 2 The City Clerk is hereby directed to transmit a copy of this Ordinance to the State land planning agency. Sec. 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 lUnderlined words are added text; struck -through words are deleted text. 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. Sec. 4 INCLUSION IN THE CODE It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Village of Key Biscayne Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Sec. 5 EFFECTIVE DATE This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED .MULai ' , 1992. c:iaPASSED AND ADOPTED on , 1992. ATTEST: Beatriz M. Argue4les Interim City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY on first reading this g5t day of second reading this 063 -day of w RAFAEL s, Village Attorney H. CONTE, MAYOR MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Super- visor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE FLORIDA Notice re: ordinances will be considered on Second Reading by the Key Biscayne Board of Trustees at a meeting of February 25, 1992 X X X in the Court, was published in saidnewspaperin the issues of February 5, 1992 Affront further says thatthe said Miami Review is a newspaper published at Miami in said Dada County, Florida, and that the said newspaper has heretofore been continuously published In said 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 Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; an affiant further says thatshe has neither paid nor promised any person, firm or corporation an cou t, rebate, commission or refupeff or the purpose o� ring his advertisement for publiyd!� in the said ne Swor 5th Febru* day of . (SEAL) cribed before me this 92 A.D. 19 R ass:ws •OFFICIAL CTARY SEAL" CAIST1MA AMMO MY COW EXP. 4/S/95 E Gi''f(EYEISCAI'$ N£ FCORID PUBLIC NOTICE 'Notice is hereby given that the following ordinances will be i. _considered on Second Reading by the Key Biscayne: Board of i. Trustees at a meeting to be held on Tuesday, February 25, 1992, ,commencing at 7:00 p.m. at the Key Biscayne Elementary School, 151 West Mcintyre,Street, Key Biscayne, Florida. ORDINANCE NO. -AN- ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA-, DESIGNATING SHE \(lt � JaGE BOARD OF TRUS :TEES ASSTFIE:LOCAL-PLANNING AGENCY FORTHE VIL- LAGE; PROVIDING. FORTRANSMITTAL: PROVIDING FOR SEVERASLL.ITY, INCLUSION IN THE CODE AND AN ORDINANCE NO. -. -AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA; PROVIDING 'FOR MODIFICATION OF<'THE IaROVISIONS 4TF CHAPTER33"ZONING'" OF THE CODE OF METROPOLITAN DADE COUNTY AS MADE APPLICA- BLE TO THE. VILLAGE OF KEY BISCAYNE PURSUANT TO -- . SECTION 8.03 OF THE VILLAGE CHARTER; VESTING, JURISDICTION' AS TO ZONING MATTERIN THEBOARD .-� Si OF TRUSTEES OF THE VILLAGE IN LIEU OF OFFICIALS, COMMITTEES AND BOARDS OF METROPOLITAN. DADE_; COUNTY CURRENTLY EXERC1SING-SUCH JURISDICTION; PROVIDING FOR DELEGATION BY THE BOARD OF TRUS- TEES 70 AN INDIVIDUAL TRUSTEE OR OTHER ;PERSON TO REVIEW AND SIGN -OFF OF ALL PERMIT APPLICA- TIONS FOR ZONING COMPLIANCE -PROVIDING FOR'SEV- £RABILITY, INCLUSION IN_ THE CODEAND-AN;EFFEC- c Interested -parties are invited -td appear and -be beard. -Copies -at- the ordinances may. be-seen,at the Key Biscayne Village Clerk's .,Officeat91-W. McIntyre St, Ste201, Key-BBseayne. Any-persorrwis>ung tazppeai any decision made by thrsBoard withi'espectto-anymatter considered -at this meeting -will needa record of the proceeding, and for such purposes, may -need -to °ensure that at verbatim. 'record Of the proceeding is made; which ,`record includes the testimonyand evidence upon which the appeal: is -made. 215 9Z -4-020546M... ORDINANCE NO. qa-boi ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR MODIFICATION OF THE PROVISIONS OF CHAPTER 33 "ZONING" OF THE CODE OF METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO THE VILLAGE OF KEY BISCAYNE PURSUANT TO SECTION 8.03 OF THE VILLAGE CHARTER; VESTING JURISDICTION AS TO ZONING MATTERS IN THE BOARD OF TRUSTEES OF THE VILLAGE IN LIEU OF OFFICIALS, COMMITTEES AND BOARDS OF METROPOLITAN DADE COUNTY CURRENTLY EXERCISING SUCH JURISDICTION; PROVIDING FOR DELEGATION BY THE BOARD OF TRUSTEES TO AN INDIVIDUAL TRUSTEE OR OTHER PERSON FOR REVIEW AND SIGN -OFF OF ALL PERMIT APPLICATIONS FOR ZONING COMPLIANCE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, it is necessary to provide for the continued assumption of certain aspects of building and zoning authority by the Board of Trustees of the Village in lieu of the Board of County Commissioners, the County Zoning Appeals Boards, County Director of Building and Zoning and other County Officials; and WHEREAS, pursuant to the Agreement of October 15, 1991 between Metropolitan Dade County and the Village, an interim agreement has been reached on the transition of Building and Zoning functions and services from Metropolitan Dade County to the jurisdiction of the Village; and WHEREAS, it is necessary to enact this ordinance to facilitate the implementation of the Agreement referred to above. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,1: Sec. 1. That the Code of Key Biscayne, Florida is hereby amended by adding a new chapter which shall read as -follows: Section 1. Chapter 33 of the Code of Metropolitan Dade County, "Zoning," as made applicable to the Village pursuant to the provisions of Section 8.03 of the Village Charter, is hereby amended to substitute the Board of Trustees in the place and stead of County officials, Boards, or Committees including, but not 1 Underlined text has been added; struek-threugh-text has been deleted from existing language. limited to, the Board of County Commissioners, the Director of Building and Zoning and the Zoning Appeals Board, so that all zoning review of building permit applications, zoning variances, special exceptions, and other quasi-judicial action shall be taken by the Board of Trustees or by the person delegated such authority by the Board of Trustees pursuant to Section 2 below. The County staff shall perform those functions as provided by agreement between the Village and the County. Except as otherwise provided herein, the provisions of Chapter 33 of the Code of Metropolitan Dade County, "Zoning," as made applicable to the Village to the extent required by Section 8.03 of the Charter, shall remain in full force and effect until otherwise modified or replaced by the Village Board of Trustees. Section 2. The Board of Trustees may delegate to an individual from time to time, by resolution, the authority and responsibility to review and process all permit applications for zoning compliance and to show zoning approval by a stamp or mark with signature on all copies of applications and plans pursuant to paragraph (4) of that certain Agreement of October 15, 1991 between Dade County, Florida and the Village of Key Biscayne or as otherwise may be subsequently provided. The standards and criteria set forth in Chapter 33 of the Code of Metropolitan Dade County, and as otherwise provided in the codes, ordinances, resolutions and laws made applicable pursuant to Section 8.03 of the Village of Key Biscayne Charter, shall constitute the standards and criteria which shall govern performance of the duties delegated pursuant to this section. The authority of the Board of Trustees to grant zoning variances, special exceptions, or to amend the provisions of the Zoning Codes shall not be delegated under this Ordinance. Section 3. A list of zoning compliance review actions completed by the delegate of the Board of Trustees shall be maintained in the Office of the Village Clerk. If any aggrieved applicant or other aggrieved person provides written notice of the appeal of such action to the Village Clerk within seven (7) days after zoning compliance review action is taken by the delegate of the Board of Trustees, the Board of Trustees shall promptly review such action under the standards and criteria referenced above. The decision of the Board of Trustees shall be final, subject to judicial review by writ of certiorari to the extent provided by law. Sec. 2. 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 -2- 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. Sec. 3. Inclusion in the Code. It is the intention of the Village Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Village of Key Biscayne Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Sec. 4. Effective Date. This Ordinance shall be effective upon adoption on second reading upon approval not less than five members of the Board of Trustees. PASSED AND ADOPTED on first reading this TEA: t t , 1992. Ole day of ASSED AND ADOPTED on second reading this ,0,43/4--day of , 1992. Attest: Village Clerk Approved As to Form And Legal Sufficiency 1 H Rafa H. Conte, Mayor -3- MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personalty appeared OMelma V. Ferbeyre, who on oath says that she is the Super- visor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade. County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of , VILLAGE OF KEY BISCAYNE FLORIDA Notice ree ordinances will be considered on Second Reading by the Key Biscayne Board of Trustees at a meeting of February 25, 1992 X X X in the Court, was published in said newspaper in the issues of February 5, 1992 Afffant further says that the, said Miami Review is e newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said 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 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 she has neither paid nor promised any person, firm or corporation a rebate, commission or refu or the purpose o/! ring his advertisement for publicfSidry in the said ne Swore ribed before me this Feb * +� 92 day of a , A.D. 19 **rar•NR "OFFICIAL NOTARY SEAL' CRIST1RA Ii1BCLM0 MY COM. EXP. 4/5/95 BISCAXNt#LORIDA" NOTICE:0 „¶Nofice`a1ereby'iiteb,,�Eha`C^1he4OUbwinj-0 inahcew wilt 'be donsidered' on' SeCond:.T4.adt.a by-`tlfei7—. ' raeayne Board of Trustees-at-Wtneeting'hl*rbetfeld Dn`Tuesday;'Febwary�25, 4992,` commencing-ata00 p.m aatthe;Key Biscayne Elementary School, t51,West Morotyre.Street,Keretscayne Florida .' e" ` .,- ' AMf ORDINANCE:-0FuTHE•#ILLAGEOFKE .BISCAYNE, a;.': 'LORIO R0,AntsGYFSR MODIFICATION„fl- THE;,' '2kOVISIGNS:OF ti`APSERi' 3"ZONING' .OFTHE CODE. F METROPOLITAN;DADECOt}NTY'ASMADEAPPLICA ` t.SLE-TO THE VI. A.GE:'OF.KCE1 BISCAYNE PURSUANT -TO •.'SECTION &03:OE F Vul i AGE CHARTER; VESTING ' `JURISDICTION ASTO-ZONINCa MATTERS IN;THE BOARD FTRUSTEES.OFKTHE. VILLAGE IN LIEU OF OFFICIALS _ t Lik) COMMITTEES.ANWBOAROS OF.;METROPOUtAN;DADE. .COUNTY£URRENTI.Y partCISINGa.UCtf.JURlSekepoN; ;: ftovIDING FOR DE4:f,GATION 8?.TH£:BOARD.OFTRUS- TEES,TO AN INDIVIDUAL TRUSTEE.OR OTHER.ERSON =PTO --REVIEW: AND SIGN -OFF OF _ALL, PERMIT APPI:ICA =w'IIONS FOR ZONING7COMPLJANCE;.T'ROVIDING-FOR_SEV- ABILITY,• INCLUSION` IN::,iHE.-CODEAND-Ail FFEG• .: dCrtlSted.partie9 LE rIRIYHtf-•to appear -and be heard. Gopies the ordinant e3_,may He;sae :the Key Biscaym Viiiafl Clerk'sv Office at.91 W; McfntyreSt., Ste'201,Key _..... i'ykdecisiotcmade by thie:. witb-tespectxo.nyaoatteraconsidered.atthis meeting4iitneed a.: record'.ot:ttie ; 'purpcsesr msycosed.. to easureihat rd of- the- proceedfrigaranad record- includes the-testimonyand evidence upon whiohhe appeal 92-4.020546M ORDINANCE NO. v ! O AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A 150 FOOT MAXIMUM HEIGHT LIMITATION FOR STRUCTURES; PROVIDING FOR VESTED RIGHTS; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, pursuant to Article VIII of the Charter of the Village of Key Biscayne certain ordinances of Metropolitan Dade County are applicable to the Village as municipal ordinances, including Chapter 33 of the Dade County Code (the "Zoning Code"); and WHEREAS, the Zoning Code regulates the height of structures permitted within the various zoning districts; and WHEREAS, it has been determined by the Board of Trustees that the maximum height of structures permitted by the Zoning Code in certain districts is inconsistent with the character of the Village and incompatible with the existing development and resources as well as the aesthetics of this barrier island community; and WHEREAS, the Village wishes to control and limit the height of structures which contribute to the degradation of the quality of life in the Village. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Sec. 1. That the Code of the Village of Key Biscayne is hereby amended by adding a new Article which shall read as follows: ARTICLE ,One . HEIGHT LIMITATIONS. Section 1. Height Limitation. Notwithstanding any provision to the contrary contained in Chapter 33 of the Code of Metropolitan Dade County (the "Zoning Code"), no development approvals, orders or permits shall be issued for any structure which exceeds 150 feet in height, except for those exempt structures expressly listed in Section 33-55 of the Zoning Code. Section 2. Vested Rights. Nothing in this Ordinance shall be construed or applied to abrogate any vested right of any property owner to build a structure to a height in excess of 150 feet, where that property owner can demonstrate as follows: (a) an act of development approvalobtained prior to the effective date of this Ordinance; (b) by making (c) owner the upon which the owner has detrimentally relied substantial expenditures; and that it would be highly inequitable to deny the right to complete the development. Any property owner claiming to have vested rights under this Section 2 must file an application with the Village for a vested rights determination within 90 days of the effective date of this Ordinance. The application shall be accompanied by a fee of $1,500 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the Village and other documentary evidence supporting the claim. The Board of Trustees shall hold a public hearing on the application and based upon the evidence submitted shall make a determination as to whether the owner has established vested rights. Section 3. Appeals. Appeals from final decisions by the Board of Trustees under this section shall be by filing of a notice of appeal in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, in accordance with the Florida Rules of Appellate Procedure for the review of the rulings of commissions or boards. Section 4. Exhaustion of Administrative Remedies. No property owner claiming that this Ordinance as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court unless he has first exhausted the administrative remedies provided herein. 2 Sec. 2. 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. Sec. 3. INCLUSION IN THE CODE. It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Village of Key Biscayne Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Sec. 4. EFFECTIVE DATE. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this el day of , 1992. 3 44- PASSED AND ADOPTED on second reading this l`�o day of , 1992. RAC AEL H. CONTE, MAYOR ATTEST: Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Stephen age Attorney 4 be 3M am 'Wrath A Knight-Ridder Newspaper ADVERTISING STATEMENT 6371180109204260004094315 Your billing number is: 711801 0 04/26/92 If you have any questions regarding this statement, call 376-2500 in Dade, 525-1177 in Broward or 1-800-234-4803 in Palm Beach - h11111dl111111111111,1,rrrrlflydddr.1rrdrl1 1 VILLAGE OF KEY BISCAYNE SAMUEL KISSINGER, VILLAGE MGR. 85 W MCINTYRE ST KEY BISCAYNE FL 33149-1897 1 OF ellerald 27 1 26 PLEASE RETURN THIS STUB WITH PAYMENT TO ASSURE PROPER CREDIT SEE BACK FOR MAILING INSTRUCTIONS ;MIAMI HERALD '`, 2/9 ' BILLED ACCOUNT 3 DOCUMENT 4 THE MIAMI HERALD PUBLISHING CO VILLAGE OF KEY BISCAYNE 7118010 04/26/92 I HERALD PLAZA SAMUEL KISSINGER, VILLAGE MGR. 85 W MCINTYRE t4 'g as `' BEN MIAMI, FLORIDA 33132-1693 ST an KEY BISCAYNE FL 33149-1897 iyy bf a� ' ,ak �1L1��7 �y� r 4 t i t+" Yv,m i p1 l"`iW 6 x Xa '� stu v r c M'I i � �,y i,.�, ��E �.iK� yM� 7/a 04/20/92 - 04/26/92 C.O.D. 711801 0 t hR stt 7 tt ' *. 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T RUN DA PA BR ALL DISCCUNTS) ANK YOU FOR D. AS SCHELULED, 5 AND SUBJECT D IN 21 LAYS. WARD, PLEASE 1 D ADVERTISIN TO CALL 3 PLEASE, A 1 0 1 12/07 WITH OTE THAT 2Z PER 000 4,09431 4,09431 GING u n �s,�, jx iawa �:... '.`.', �a llr °1 't r e� 25 - a"� i7 � =x.e, �#m.r�4'!is � ' 2 4,Sw N6TlatSUNT°�. ^+, 22 -Ct]RA 5�5"' ,il i' WEN£i°•" 0-29 DAYS 30 DAYS 60 DAYS 90 DAYS ;. tj� t ^ nsosari, a , 4 4,09431 ?rho ^Ttntni arTernil n1ilAnvn1ril ORDINANCE 0. ga-rr( AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A TEMPORARY BUILDING MORATORIUM; PROVIDING FOR EXEMPTIONS AND WAIVERS; PROVIDING FOR A TERM; PROVIDING FOR VESTED RIGHTS; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne was incorporated on June 18, 1991; and WHEREAS, Florida Statutes Chapter 163, Part II, (the "Growth Management Act") requires that the Village adopt a comprehensive plan within three years of incorporation; and WHEREAS, the Village has initiated and is diligently proceeding with preparing a comprehensive plan for the purpose of managing and controlling growth and future development within the Village; and WHEREAS, it has been determined that there is a substantial risk that during the pendency of the adoption of the comprehensive plan, interim incompatible, irreparable and irreversible growth and development is likely to occur and such development may cause public services to fall below acceptable levels; and WHEREAS, the Village wishes to avoid such interim growth and development and to maintain the status quo by adopting this limited, temporary moratorium. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Sec. 1. MORATORIUM IMPOSED. During the time this Ordinance is in effect as specified in Sec. 3, there shall be a moratorium on the issuance of development orders and development permits as those terms are defined in Section 163.3164 Florida Statutes (1991) (collectively "Development Orders") within the Village except for the following: (a) Single family residential homes and individual condominium units, (b) Public buildings and structures which are used exclusively for the health, safety and welfare of Village residents. (c) Public and private educational facilities. (d) Buildings and structures constructed by a regulated public utility for the purpose of providing utility services. (e) there is (f) Renovations and repairs of existing structures where no increase in floor area or height of said structures. Approved Developments of Regional Impact (DRIs) with valid, current and effective Development Orders. A determination of whether the Development Order is valid, current and effective shall be made by the Village's Director of Community Development upon request of the property owner, which request shall be made within 30 days of the effective date of this Ordinance and shall include the submittal of all evidence necessary to make the determination. Any person adversely affected by the determination shall have the right to appeal that determination to the Board of Trustees within 10 days of said determination. Sec. 2 WAIVERS. In addition to the exemptions in Section 1 above, upon application by a property owner, the Village Board of 2 Trustees, after a public hearing, may grant waivers to the moratorium and authorize the issuance of Development Orders where it determines that the activity will not detrimentally affect the outcome of the comprehensive planning process for the Village and will not materially reduce the existing capacity of public services. Sec. 3 TERM. The moratorium imposed by this Ordinance is temporary and unless dissolved earlier by the Board of Trustees, shall automatically dissolve on June 1, 1994 or upon the final non - appealable adoption of a comprehensive plan for the Village pursuant to the Growth Management Act, whichever occurs earlier. Sec. 4 VESTED RIGHTS. Nothing in this Ordinance shall be construed or applied to abrogate the vested right of any property owner to complete development where the owner can demonstrate as follows: (a) an act of development approval obtained prior to the effective date of this Ordinance; (b) upon which the owner has detrimentally relied by making substantial expenditures; and (c) that it would be highly inequitable to deny the owner the right to complete the development. Any property owner claiming to have vested rights under this Sec. 4 must file an application with the Village Board of Trustees for a vested rights determination within 90 days of the effective date of this Ordinance. The application shall be accompanied by a fee of $1,500 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the Village and other documentary evidence supporting 3 the claim. The Board of Trustees shall hold a public hearing on the application and based upon the evidence submitted shall make a determination as to whether the owner has established vested rights. Sec. 5 APPEALS. Appeals from final decisions by the Board of Trustees under Section 2 or 4 shall be by the filing of a notice of appeal in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County in accordance with the Florida Rules of Appellate Procedure for the review of the rulings of commissions or boards. Sec. 6 MODIFICATION TO VESTED AND EXEMPT DEVELOPMENT. Within 120 days of a final determination of vested rights under Section 4 or a final determination of exemption under Section 1(f), a property owner shall have the right to file an application requesting a modification to the vested or exempt development, notwithstanding the moratorium imposed by this Ordinance. In considering the applications, the Board shall apply all established criteria and land development regulations then in effect, including applicable concurrency regulations. This right to apply for modification does not in any manner vest any rights and such application shall be considered a new application subject to de novo proceedings. Sec. 7 EXHAUSTION OF ADMINISTRATIVE REMEDIES. No property owner claiming that this Ordinance as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court unless he has first exhausted the administrative remedies provided herein. 4 Sec. 8. 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. Sec. 9 EFFECTIVE DATE This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 8tLn day of April, 1992. 1992. PASSED AND ADOPTED on second reading this &61M day of May, 1 ATTEST: (1 Village Cler RAFAEII41. CONTE, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY S ephen . Hel man, Village Attorn 5 y the Miami Heralb A Knight-Ridder Newspaper In11nrllr,nll,I„IIi1 111111,1111111111111111 VILLAGE OF KEY BISCAYNE SAMUEL KISSINGER, VILLAGE MGR. 85 W MCINTYRE ST KEY BISCAYNE FL 33149-1897 elerald ADVERTISING STATEMENT 6371180109205100008188620 Your billing number is: 711801 0 05/10/92 27 L" If you have any questionsregarding this statement, call 376-2500 i Dade, 525-1177 m Broward or 1-800-234-4803 in Palm Beach PLEASE RETURN THIS STUB WITH PAYMENT TO ASSURE PROPER CREC SEE BACK FOR MAILING INSTRUCTIONS ' r nr(�ag !, {'LL 5+ yi Syii4tY IrymYkt33G � I+u` 2�9 j{,.�$ t t ( tiii kYt'v sx! +tynMlL n ift3={,.h tii n, v!$a. 3 xk: t x t 3ik :c. �l�" is uR; 4 {{{ C 1 � 4} {FATE; THE 1 MIAMI, MIAMI HERALD PUBLISHING CO HERALD PLAZA FLORIDA 33132-1693 VILLAGE OF KEY BISCAYNE 7118010 SAMUEL 85 KISSINGER, VILLAGE MGR. W MCINTYRE to p4E;era° w, KEY ST BISCAYNELFL 33149-1897 05/10/92 7 ''If. LrtkPFq f nt>m� N�+�$ � I�*"y�x t (TjM b�4 L I+I'tli+^2 V' +i �VtlF�piiTl�'.�E' 6 1+���{A ',ntyv�ii , tr t�+" r�` �-r�j��pi ctpi�4 Clik7+e+ j tj kpt J n��ii4h GV1�I'VnY,I%�iII"}�h"• =ti /e 7/O in �i v t"„ux�tx tLi>ftY 'g�.y4.tL ",i r( F' '�IQ'Y J +i u'SI t3:i i—in%J 4 �i=Y F{2n{ry Rt k�. iwtt l.3 4.y4 4 05/04/92 05/10/9 UR ENT NET AMQUN! DUE BY 05/17/ 2 � .tlt .. 1801 0 7Jy, `,y. 29 t in s pp,� + r` alit yg�. '� �,. :fttnb �vi�kdrr,y�j� 29 � ` � 4rl'3+a GWtlp .,tva„wi nF%u��t dt iP b t x tt, 'EFIRj u�� IQD" 29 i'iii �" 4r ,y �t�tYEB% =B iDA7E. ` TYPE RENEWAL DATE SIZE REBATABLE NON-REBATABLE TOTAL REBATABLE NON-REBATABLE _ TOTAL o � ii49 A7a.' tt � . i?;¢D *k'r'hW 9 iu x,t NdaBEli„ { NSkj z 9^.>v°i`0.�'t1 'w "4�til >�t+�; rf" '4�M'%dicey"EP N+§t'4 �t+ ip� " it .'jnt n-�4c;�9P 30 ;� 15 '�a+ Eu�,{ 16 .9 d Y' 77 tw a' %s 78 M. FC BI 4J I4' E � ( II' 0 r ] tt A��N 7G,u + dj 9, ,t� 5ea�y, in'i nW �idY,t .._ ".x �,.v ,a 2 lNEiEkbtNkT ., t 5/07 a.a 51876A BALANCE FROM 05/03/92 aa c .. BALANCE FORWARD CLASSIFIED ROP CONTRACT 711801 MIAMI HERALD NOTICE OF ZONING CHANGE AND CLASSIFIED ROP TO 4,094.31 TOTAL BILLING THIS PERIOD (NET WE VALUE YOUR BUSINESS THE MIAMI HERALD/EL NUEVO HERALD. TO INSURE YOUR ADVERTISING THE BALANCE IS DUE IN SEVEN MONTH FINANCE CHARGE IF NOT TO PLACE A CLASSIFIED AD IN 764-7026 (TOLL FREE) - i 07B OF . THANK RUNS DAYS PAID BROWARD, G ALL AS I DISCO YOU SCHED AND SUB IN 21 D PL 1 D NTS) OR ADVERTISING LED, ECT TO YS. SE CALL 3300 PLEASE, A 1 NOTE 1/2% 124'07 WITH THAT PER �- 4,0943 4,0943 4,094,3 4,094 4 ur�f x++?' r'a N ;4 ` r �r'' n� k$d U 'E ria i r,� `"u „ i:*+ } G �, r' x 25 dal t t } w ��i ih hd M2, 0 29 DAYS 30 DAYS 60 DAYS 90 DAYS '+t }f� � �� ;..'' R7 e QPNns}It'�j�'�. 4,09431 4,994,3.1 m` .t�.'ht�v✓.ea4uw; 8,188 i.. �.[� .,14 ORDINANCE NO. 92-12 AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; MAKING A FINDING THAT AN EMERGENCY EXISTS; PROVIDING THAT IN CIRCUMSTANCES WHERE FOUR OR MORE MEMBERS OF THE BOARD OF TRUSTEES ARE INELIGIBLE TO VOTE ON A PARTICULAR MATTER DUE TO A CONFLICT OF INTEREST, THAT SUCH MATTER MAY BE VOTED ON AND APPROVED BY A UNANIMOUS VOTE OF THE REMAINING MEMBERS OF THE BOARD OF TRUSTEES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, Section 4.01(c) of the Charter -of the Village of Key Biscayne provides that no action of the Board of Trustees shall be valid and binding unless adopted by the affirmative vote of at leastfourTrustees; and WHEREAS, situations may arise from time to time where due to conflicts of interest, four members of the Board of Trustees are not eligible to vote on a particular matter and that this situation was not contemplated or addressed by the Village Charter; and WHEREAS, it is in the public interest that despite the lack of four affirmative votes, the public business proceed; and WHEREAS, this Board has determined that a procedure allowing the remaining members of the Board of Trustees to vote and approve such matter in the public interest; and WHEREAS, this Board anticipates that such a situation will occur in the near future and that a delay would result in considerable inconvenience and prejudice to the parties involved and that therefore an emergency exists; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Code of the Village of Key Biscayne, Florida is hereby amended by adding a new Section which section shall read as follows: SednAZ Notwithstanding •the pro s ins of c £1> enema: ................ r3-PMg a;:.. 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 3. Inclusion In the Code. It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Village of Key Biscayne Code; that the sections of this Ordinance may be renumbered or relettered to accomplish 1 IF text has been added; struck through text has been deleted fromexsting language. -2- 06/10/92 12:17 FEIS SEROTA SELF 2002 such intentions; and that the ward "ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED this ATTEST: day of June, 1992. RAFAEL r. CONTE, MAYOR VILLAGE CLERIC APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -3- such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon passage by the Board of Trustees on second reading. PASSED AND ADOPTED on first reading this , 1992. PASSED AND ADOPTED on second reading this , 1992. ATTEST: day of day of RAFAEL HirCONTE, MAYOR VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CcesAm &4A' -J VILLAGE ATJO Y -3- MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA `- COUNTY OF DADEi - - Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Super- visor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of VILLAGE OF KEY BISCAYNE MEETING June 9, 1992 RE: MAKING A FINDING THAT AN EMERGENCY EXISTS, etc. in the X..X X was published in said newspaper in the issues of —June 15, 1992 Court, Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 Dade County, Florida, for a period of one c--: next preceding the first publication of the attached co tisement; and afflant fu - person or pu r says that she has ne m or corporation any the pur•ose of news 15. of ..OFEICL Sworn to and subscribed before me this promised any e, commission vertisement for YSEA!„ A.D. Y. ,.« at.:)A (SEAL) ) —..• OMMiSSiON NO. CC 208 E MY COMMISSION EXP. JAN. 6,19'% Octelma V. Ferbeyre personally known to me. .92. YIL'LACE'OFKEY BISCAYNE,'FLORIDA PUBLIC NOTICE NOTICE IS HEREBY GIVEN THAT- THE FOLLOWING EMER- GENCY ORDINANCE WAS CONSIDERED AND PASSED BY THE ['KEY BISCAYNE BOARD OF TRUSTEES AT A MEETING WHICH ;WAS HELD ON TUESDAY, JUNE 9,-1992, COMMENCING AT 7:00 AT THE KEY BISCAY_ NE-ELEMENTAftY SCHOOL, 150 WEST. iMCINTYRESTREET, KEY BISCAYNE, FLORIDA - ;:,;-_AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY -BISCAYNE, FLORIDA; MAKING A;FINDING THAT ANA EMERGENCY EXISTS; PROVIDING THAT IN CIRCUMSTANCESWHERE FOUR OR MORE MEMBERS OF THE BOARD.OF TRUSTEES ARE INELI=: GIBLE TO VOTE ON AP PARTICULAR MATTER ':DUE TO -A CON- FLICT OF INTEREST, THAT SUCH MATTER MAY BE VOTED ON SAND APPROVED -BY A tUNANIMOU&VOTE OFTHE REMAINING - MEMBERS OF THE BOARD OF TRUSTEES; PROVIDING<FOR SEV ERABILITY, INCLV SIONIN.TI-E CODE AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard Copiesof. the ordinances may seen at the Key Biscayne -Village -Clerk's;`. Officeat85 W. McIntyre St.; Key Biscayne. - Any person wishing toappeal any decision made: by this Board with respect to any Matter considered. at this meehng.will' need a record of the proceeding,_ and for such purposes, may need to'. ensure that a"verbatim record of the :proceeding ismade, which "record includes the testimony and evidence upon which the appeal ismade. :E/15 92-4-061553M ORDINANCE NO. 92-13 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; IMPOSING AN OCCUPATIONAL LICENSE TAX; PROVIDING DEFINITIONS; REQUIRING APPLICABLE LICENSES; ESTABLISHING A UNIFORM SYSTEM FOR THE ISSUANCE OF LICENSES; SETTING FORTH THE AUTHORITY OF THE VILLAGE LICENSE OFFICER; PRESCRIBING'.PENALTIES FOR VIOLATION; PROVIDING A LICENSE TAX SCHEDULE; PROVIDING FOR THE REPEAL OF CHAPTER 8A, ARTICLE X OF THE DADE COUNTY CODE AS MADE APPLICABLE TO THE VILLAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Sec. 1. That the Code of the Village of Key Biscayne is hereby amended by adding a new chapter which shall read as follows: CHAPTER OCCUPATIONAL LICENSE TAX Section 1. Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense shall include future tense, words in the plural number shall include the singular number and words in the singular number shalt include the plural number. The word "shall" is always mandatory and not merely directory. (A) "Business". includes all vocations, occupations, professions, enterprises, establishments, and all activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit, or benefit, either directly or indirectly, on any Premises in the Village; Business does not include the customary activities of religious, charitable, or educational nonprofit institutions as those terms are defined in Chapter 205, Florida Statutes. (B) "License"means an occupational license issued by the Village in accordance with this Chapter. (C) "Licensee" means any Person to whom a License has been issued by the Village. (D) "Person" means any individual, firm, partnership, joint venture, syndicate, or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver, or other fiduciary. (E) "Premises" means all lands, structures, places, and also the equipment and appurtenances connected or used therewith in any Business, and any personal property which is either affixed to, or is otherwise used in connection with any such Business. (F) "Tax" the applicable occupational license tax imposed pursuant to this Ordinance. (G) "Village" means the Village of Key Biscayne. Section 2. Adoption of State Law. This Ordinance is enacted for the purpose of complying with Chapter 205, Florida Statutes (1991). The terms and provisions of Chapter 205 and any subsequent amendments are hereby adopted and made a part of this Ordinance by reference. Section 3. License Required. (A) No Person, either directly or indirectly, shall engage in or manage any Business in the Village for which a License is required by this Ordinance without first obtaining the required License from the Village License Officer. (B) For the purpose of this Ordinance, any Person shall be deemed to be engaged in Business and thus subject to the requirements of this Ordinance when they: (i) sell any goods or services (ii) solicit Business or offer goods or services for sale or hire (iii) acquire or use any vehicle or any Premises in the Village for Business purposes. -2- Section 4. Separate License for each Place of Business. A separate License shall be obtained in the manner prescribed in this Ordinance for each place of Business as if each such place of Business were a separate Business. Section 5. Term of License and Transfer. (A) No License shall be issued for more than one year, and all Licenses shall expire on October 1 of each year. (B) No License shall be issued for any fractional portion of a year, except that Licenses required under this Ordinance for Businesses established after April 1 of any year may be issued, which are valid until the following October 1, upon the payment of one-half the Tax provided for in Section 11 of this Ordinance. (C) Licenses may be transferred to the new owner of a Business upon a bona fide sale of the Business, and upon payment of a transfer fee of three dollars and presentation to the Village of the original License and evidence of the sale. (D) Upon written request and presentation of the original License, any License may be transferred from one Premises to another Premises within the Village upon payment of a transfer fee of three dollars. (E) Upon written request and presentation of the original License by the Licensee and any proof as required by the Village, a change of Business name may be made upon payment of a fee of three dollars. (F) It shall be the duty of every Person assuming operation of or purchasing an existing Business which is required to be licensed under this Ordinance to notify the Village License Officer and to comply with the requirements of this Ordinance within 30 days of such assumption or purchase. Section 6. Due Date for Payment of Occupational License Tax; Delinquent Payment; Penalties. (A) Licenses shall be sold by the Village commencing on September 1 of each year. The Tax shall be due and payable on October 1 of each year. In the event that October 1 falls on a weekend or holiday, the Tax shall be due and"payable on or before the first working day following October 1. Those Licenses not renewed by October 1 shall be considered delinquent and subject to a delinquency penalty of ten percent for the month of October, plus an additional five percent -3- penalty for each month of delinquency thereafter until paid, provided that the total delinquency penalty shall not exceed 25 percent of the Tax due. (B) Any person engaging in or managing any Business, without first obtaining a License, if required hereunder, shall be subject to a penalty of 25 percent of the Tax determined to be due, in addition to any other penalty provided by law or ordinance. Section 7. Issuance of License; Application (A) No License shall be issued except upon written application filed with the Village License Officer. Such application shall be filed on forms prescribed by the Village and shall include a statement, under oath, detailing full and complete information necessary to calculate the applicable Tax. (B) It shall be unlawful for any Person applying to the Village License Officer for a License to make a false statement, in connection with any application for a License under this Ordinance. Section 8. Display of License. Each License issued by the Village shall be displayed conspicuously at the place of Business and in such a manner as to be open to the view of the public and subject to the inspection of all duly authorized officers of the Village. Failure to display the License in the manner provided for herein shall result in the payment of a penalty equal to the Tax applicable to the Business for which the License was obtained. Section 9. Village License Officer. The Village Manager or his designee shall be the License Officer, shall collect all Taxes and shall issue Licenses in the name of the Village to all Persons or Businesses qualified under the provisions of this Ordinance and shall: (A) Investigate and determine the eligibility of any applicant for a License and/or the current status of any License as prescribed herein. (B) Examine the books and records of any applicant or Licensee when reasonably necessary to the administration and enforcement of this Ordinance. -4- (C) ' -Notify any applicant of the acceptance or rejection'of his application and shall, upon his refusal of any License at the applicant's request, state in writing the reasons therefor and deliver them to the applicant. Section 11. Examination of Records. It shall be unlawful for any Person and/or Business to refuse to allow the Village License Officer to investigate and examine records for the purpose of determining whether such Person and/or Business has a License and/or whether such Person and/or Business shall be issued a License. Section 12: Occupational License Tax Schedule. Taxes for the following business, occupations, or professions are hereby levied and imposed as follows: Advertising space renters, per space $ 3.75 Amusement, games or recreational device (not otherwise licensed by some other law of this state) per device 18.75 Cafes, restaurants and other eating establishments (a) 0-30 seats 37.50 (b) 31-74 seats 75.00 (c) 75-149 seats 112.50 (d) 150 or more seats 150.00 (e) Drive-in restaurants where customers are served while seated in their cars shall pay a Tax of $75.00. The Tax required by this subparagraph shall be in addition to the Tax required in subparagraphs (a) through (d). Contractors, subcontractors or journeymen {principals shall be deemed employees) (a) 1-10 employees 22.50 (b) 11-20 employees 45.00 (c) 21-30 employees 67.50 (d) 31-40 employees 90.00 (e) 41-50 employees 112.50 {f) 51-100 employees 281.25 (g) 101-150 employees 421.85 (h) 151-200 employees - 562.50 (i) 201 or more employees 585.90 -5- Dance halls or places where entertainment is provided for a charge 281.25 One night only 187.50 Financial institutions, which shall include banks, bankers, trust company, savings company, building and loan association, and savings and loan association and other financial institutions which are regulated by state or federal law 93.75 Hotels, motels and apartment hotels (for the purpose of determining the number of rooms, every room that can be leased or rented, shall be included) per room 1.85 minimum Tax 18.75 Intangible or tangible personal property, every Person engaged in the business of trading, bartering, serving, buying, lending or selling intangible or tangible personal property, whether owner, agent, broker or otherwise 93.75 Liquified petroleum gas, dealers and installers (a) Installation of equipment to be used with liquefied petroleum gas 62.50 (b) Dealer in liquefied petroleum gas, in appliances and equipment for use of such gas and in the installation of appliances and equipment 156.25 Manufacturing and/or processing (principals shall be deemed employees) (a) 1-10 employees 37.50 (b) 11-20 employees 75.00 (c) 21-30 employees 112.50 (d) 31-40 employees 150.00 (e) 41-50 employees 225.00 (f) 51 or more employees 281.25 Professional license, every Person engaged in the practice of any profession who offers services for consideration, whether or not such endeavor is regulated by law 37.50 Professional management 37.50 Service business, every Person engaged in Business as owner, agent or otherwise who performs some service in return for consideration. -6- (Principals shall be -deemed employees.) (a) 1-5 employees 27.50 (b) 6-10 employees _ 67.50 (c) 11-15 employees 100.00 (d) 16-20 employees 140.00 (e) 21 or more employees 187.50 Retailer, retail stores (includes every Person or Business engaged in the business of selling tangible personal property to consumers or to any Person for any purpose other than for resale) 37.50 Schools, colleges or other educational or training institutionforprofit 37.50 Title insurance companies 93.75 Theaters (per theater) 37.50 Vending machines (a) Merchandise or service vending machines (per machine) 18.75 (b) Merchandise vending machines at locations for which a License has been obtained pursuant to this Ordinance (per machine) 7.50 (c) Laundry equipment (per machine) 1.85 (d) Coin -operated radio, television, vibrating mattresses and similar devices installed in Businesses providing housing accommodations for the travelling public (i) Per Business 26.25 (ii) Plus $.75 per device. (e) All vending machine operators shall pay a tax of $187.50 per operator for the privilege of engaging in such business, plus an additional $1.85 per machine. Any Business not listed herein shall pay a Tax for each place of Business in the amount of $281.25. -7- Sec. 2 REPEALER PROVISION Chapter 8A, Article X of the Dade County Code made applicable to the Village by Article VIII, Sections 8.03 of the Village Charter is hereby repealed. Sec. 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. Sec. 4 INCLUSION IN THE CODE It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Village of Key Biscayne Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Sec. 5 EFFECTIVE DATE This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this day of , 1992. -8- ATTES PASSED AND ADOPTED &n second reading this , 1992. 'futy,C-cosp--- RAFAEL H. Vi11.ge Clerk APPR.VED AS TO FORM AND LEGAL SUFFICIENCY Richard Jay Weiss, Village Attorney -9- day of CONTE, MAYOR the gist publication of the attached affiant further says that she has perso rm or corporation or - nd for the purpose P 1,JtL, In 29thday of MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida STATE OF FLORIDA ..COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Super- visor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE meeting of June 9, 1992 RE: AN ORDINANCE CF THE VILLAGE OF KEY BISCAYNE, etc. X X X in the was published in said newspaper in the issues of May 29, 1992 Court, Afflant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in. said 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 Dade County, Florida, for a period of one ar next preceding advertisement; and nor promised any bate, commission advertisement for before me this , A.D. 19 92 (SEAL) r Ct STINA IHGELYO Cd434. EXP. 4/5/95 Ootelma V. Ferbeyre personally known to me. PILLAGED -WEEP BISCAYNE, FLORIDA PUBLIC -NOTICE -',Notice IS hereby given that the fotiowing Ordinances wilt be,; ;considered ad: Second Reading by the Key -Biscayne Board of I, Trustees al a meeting to be held on"Tgesday,.June,9, 1992, nom- mencmgat7-DDp.m at the -Key Biseayyne E)ementary'School, 15U i+Nest McIntyre Street, Key Biscayne, Fonda ORDINANCE OF THE VILLAGE- OF KEYS BISOAYt'tE; Tri,"„ -FLORIDA; IMPOSING 'AN, :OCCUPATIONAI LLCEMSE'TAX; .., iPROVI DINS-DEFINITIONS,-BEOuntuN6.APPLICABLE " , LICE NSES;-ESTABLda3?ING A:umFoetv:s e -ran PuRTRRE ISSUANCE OF ocENSES;-SETTtNG FORTH THE AUTHOR tITY OF THE:`VRLA'G£LtCEPfSE OFFICER; PRESCRIBING PENALTIES TOWVIOLATION, PROVIDING=A LICENSE TAX , SCHEDULE; -PROVIDING -F FOR THE'REPEA1 O CHAPTER 8A: ARTICLE X OF THE &ADE COUNTY CODE AS MADE APPLICABLE TO THE VILLAGE;" PROVIDING FOR SEVER- :: ABILITY, INCLUSION' 114 THE CODE AND AN EFFECTIVE" DATE appear and be heard, Copies of taordin nc s may are invited to appe the' ordinances.. may be Seen: at the Key -Biscayne Village Clerk's 1, Office at -85 W. McIntyre St., Key Biscayne. "= Any personu+ash3l''9 to appeal any decision made by this Board ;with respect to, any matter considered atthis meeting wig need a record of the _proceeding, and for such' + purposes," may need to Leasure that a verbatim record of the proceedin 5-made which -record includes: the testimony and evidence upon which the appeal ;its made. 92-4-U52944A7 L5129 ORDINANCE NO. 92-14 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A CODE ENFORCEMENT PROCEDURE; PROVIDING DEFINITIONS; PROVIDING FOR CIVIL OFFENSES AND PENALTIES; PROVIDING FOR QUALIFICATIONS; APPOINTMENT, REMOVAL AND COMPENSATION OF SPECIAL MASTERS; SETTING FORTH THE POWERS OF SPECIAL MASTERS; PROVIDING FOR , AUTHORITY TO INITIATE ENFORCEMENT PROCEEDINGS; PROVIDING ENFORCEMENT PROCEDURES; DESCRIBING THE CONTENTS AND METHOD OF SERVICE OF WARNINGS AND CIVIL VIOLATION NOTICES; SETTING FORTH THE RIGHTS OF VIOLATORS; PROVIDING FOR PAYMENT OF FINES; PROVIDING FOR THE SCHEDULING AND CONDUCT OF HEARINGS BEFORE SPECIAL MASTERS; PROVIDING REMEDIES TO RECOVER UNPAID CIVIL PENALTIES; PROVIDING FOR APPEALS OF ORDERS OF SPECIAL MASTERS; PROVIDING FOR ADDITIONAL ENFORCEMENT POWERS; ESTABLISHING A SCHEDULE OF CIVIL PENALTIES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Code of the Village of Key Biscayne is hereby amended by adding a new chapter which shall read as follows: CHAPTER CODE ENFORCEMENT Sec. 1. Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the,present tense include future, words in the plural number include the singular number and visa versa. The word "shall" is always mandatory and not merely directory. (A) "Code" means collectively the Village of Key Biscayne Code of Ordinances and applicable sections of the Code of Metropolitan Dade County as made applicable to the Village pursuant to Article VIII, Section 8.03 of the Village Charter. (B) "Code Enforcement Officer" means any authorized agent or employee of the Village whose duty it is to assure compliance with the Code. (C) "Continuing Violation" means a violation which remains uncorrected beyond the time period for correction contained in either the civil violation notice or the final order of the Special Master, whichever is applicable. (D) "Manager" means the Village Manager. (E) "Notice" means a civil violation notice issued to a Violator in accordance with the provisions of this Ordinance. (F) "Repeat Violation" means a violation of a provision of the Code by a person whom the Special Master has previously found to have violated the same provision of the Code. A Repeat Violation can occur only after correction of the previous violation has been made. (G) "Special Master" means a person appointed pursuant to Section 3 of this Ordinance. (H) "Trustees" means the Village's Board of Trustees. (I) "Village" means the Village of Key Biscayne. (J) "Violator" means that person or entity responsible for a violation of the Code. (K) "Uncorrectable Violation" means a violation which is irreparable or irreversible in nature and which cannot be remedied after the violation has been committed because the violation constitutes a single prohibited act rather than an ongoing condition or circumstance. (L) "Warning" means a written warning issued to a Violator in accordance with the provisions of this Ordinance. Sec. 2. Civil Offenses and Penalties. A violation of the Code shall constitute a civil offense punishable by civil penalty in the amount prescribed in Section 17 of this Ordinance as may be modified in accordance with Section 12 of this Ordinance. 2 Qualifications of Special Masters; Appointment and Removal; Compensation. Appointments of Special Masters shall be made by the Mayor as needed on the basis of experience or interest in code enforcement. Such appointments shall be submitted to the Trustees for ratification. (A) Special Masters shall be residents of the Village and shall possess outstanding reputations for civic pride, interest; integrity, responsibility and business or professional ability. (8) Appointments shall be made for a term of one year. Special Masters may be reappointed at the discretion of the Mayor, subject to ratification by the Board of Trustees. (C) Special Masters shall not be Village employees but may be compensated at a rate to be determined by administrative order. Sec. 4. Powers of Special Masters. Special Masters shall have the power to: (A) Adopt Rules for the conduct of hearings. (B) Subpoena Violators and witnesses for hearings; subpoenas shall be served by the Village Police Department or by the Village staff. (C) Subpoena evidence to hearings. (D) Take testimony under oath. (E) Assess and order the payment of civil penalties as provided herein. (F) Issueorders having the force of law to command whatever steps are necessary to bring a violation into compliance. Sec. 5. Village Attorney to Serve as Counsel. The Village Attorney shall provide legal advice to the Special • Masters. If an appeal is taken pursuant to Section 14 of this Ordinance, the Village Attorney shall represent the Village at such proceedings. Sec. 6. Authority to Initiate Enforcement Proceedings. Code Enforcement Officers shall have the authority to initiate code enforcement proceedings as provided in Section 7 of this 3 Ordinance. Special Masters shall not have such authority. Sec. 7. Enforcement Procedures. (A) A Code Enforcement Officer who finds a violation of the Code shall issue a Warning to the Violator stating that the Violator has committed a violation of the Code and shall specify a reasonable time period within which the Violator must correct the violation. This determination shall be based on consideration of fairness; practicality; ease of correction, ability to correct; severity of violation; nature, extent, and probability of danger or damage to the public; and other relevant factors relating to the reasonableness of the time period prescribed. (B) If, upon personal investigation, a Code Enforcement Officer finds that the Violator has not corrected the violation within the time period specified in the Warning, the. Code Inspector shall issue a Notice to the Violator stating that the Violator has committed a violation of the Code and shall determine a reasonable time period within which the Violator must correct this violation. (C) If, upon personal investigation, a Code Enforcement Officer finds that the Violator has not corrected the violation within the time period specified in the Notice, the Code Enforcement Officer shall notify the Village Manager in writing and may request a hearing. (D) If the Code Enforcement Officer has reason to believe a violation presents a serious threat to the public health, safety or welfare, or if the violation is an Uncorrectable Violation, the Code Enforcement Officer need not give the Violator a Warning and issue a Notice requiring immediate correction of the violation. The Code Enforcement Officer shall make a reasonable effort to notify the Violator and may immediately notify the Village Manager and request a hearing. (E) If a Code Enforcement Officer finds a Repeat Violation, the Code Enforcement Officer shall issue a Notice to the Violator but is not required to give a reasonable time to correct the violation. The Code Enforcement Officer, upon notifying the Violator of a Repeat Violation, shall notify the Village Manager and request a hearing. Sec. 8. Contents and Service of Warning. (A) A Warning shall include the following: (1) Date and time of issuance. (2) Name of Code Enforcement Officer issuing the 4 Warning. (3) Name and address of the Violator. (4) The section of the Code that has been violated. (5) Brief description of the nature of the violation, including location, date and time of violation. (6) Amount of the civil penalty for which the Violator may be liable. (7) Time within which the violation must be corrected. (8) Statement that the failure to correct the violation by the time period indicated in the Warning will result in the issuance of a Notice. (8) Service of the Warning to the Violator shall be effected by hand delivery to the Violator; by leaving the Warning at the Violator's usual place of residence with any person residing therein who is 15 years of age or older and informing such person of the contents of the Warning; by certified mail, return receipt requested to the Violator's usual place of residence or by posting the Warning in a conspicuous place on the premises or real property upon which the violation was observed. The posting of the Warning shall be deemed proper service, and the time for compliance, stated in the Warning shall commence with the date of such posting. Sec. 9. Contents and Service of the Notice. (A) A Notice shall include: (1) Date and time of issuance. (2) Name of Code Enforcement Officer issuing the Notice. (3) Name and address of the Violator. (4) The section of the Code that has been violated. (5) Brief description of the nature of the violation, including location, date and time of violation. (6) Amount of the civil penalty for which the Violator may be liable. (7) Instructions and date for paying the civil penalty or for filing a request for an administrative hearing before a Special Master to appeal the civil penalty. 5 (8) Time within which the violation must be corrected. (9) A statement that each day of continued violation after the time period for correction has run shall be deemed a Continuing Violation subject to an additional penalty in the same amount without the need for additional Notices. (10) A statement that the filing of a request for an administrative hearing will toll the accrual of Continuing Violation penalties. (11) A statement that failure to request an administrative hearing within 20 days after service of the Notice shall constitute a waiver of the Violator's right to an administrative hearing before the Special Master, and that such waiver shall constitute an admission of the violation, and that in such case, judgment may be entered against the Violator for the amount of the civil penalty. (12) A statement that the Violator may be liable for the reasonable administrative hearing costs should they be found guilty. (B) Service of the Notice to the Violator shall be effected by hand delivery to the Violator; by leaving the Notice at the Violator's usual place of residence with any person residing therein who is 15 years of age or older and informing such person of the contents of the Notice; by certified mail, return receipt requested to the Violator's usual place of residence or by posting the Notice in a conspicuous place on the premises or real property upon which the violation was observed. The posting of the Notice shall be deemed proper service, and the time for compliance stated in the Notice shall commence with the date of such posting. Sec. 10. Rights of Violators; Payment of Fine; Right to appeal; Failure to Pay and Correct or to Appeal. (A) A Violator who has been served with a Notice shall elect either to: (i) Pay the civil penalty in the manner and within the time indicated on the Notice and correct the violation within the time specified on the Notice; or (ii) Request an administrative hearing before a Special Master to appeal the decision of the Code Enforcement Officer which resulted in the issuance of the Notice. (B) An appeal of the Notice shall be accomplished by filing 6 a request in writing to the address indicated on the Notice, not later than 20 calendar days after the service of the Notice.' (C) If the named Violator, after notice, fails to pay the civil penalty and correct the violation within the time specified, or to timely request an administrative hearing before a Special Master, the Special Master shall be informed of such failure by report from the Code Enforcement Officer. Such report shall be by affidavit of the Code Enforcement Officer. Failure of the named Violator to appeal the decision of the Code Enforcement Officer within the prescribed time period shall constitute a waiver of the Violator's right to administrative hearing before the Special Master. A waiver of the right to administrative hearing shall be treated as an admission of the violation, and penalties may be assessed accordingly. Sec. 11. Scheduling and Conduct of Hearing. (A) Upon receipt of a named Violator's timely request for an administrative hearing or a written hearing request from the Code Enforcement Officer as provided for in Section 7, the Village Manager shall set the matter down for hearing on the next regularly scheduled hearing date or as soon thereafter as practicable. (B) The Village Manager shall send a notice of hearing by first class mail to the named Violator at his last known address. The notice of hearing shall include but not be limited to the following: (1) Name of the Code Enforcement Officer who issued the Notice. (2) Factual description of alleged violation. (3) Date of alleged violation. (4) Section of the Code allegedly violated. (5) Place, date and time of the hearing. (6) Notice of right of Violator to be represented by an attorney. (7) Right of Violator to present evidence, witnesses and cross-examine witnesses. (8) Notice that failure of Violator to attend the hearing may result in civil penalty and administrative hearing costs being assessed. 7 (9) Notice that requests for continuances will not be considered if not received by the Special Master at least ten calendar days prior to the date set for the hearing. (C) The Village Manager shall call hearings on a monthly basis or upon the request of the Code Enforcement Officer. No hearing shall be set sooner than 20 calendar days from the date of service of the Notice. (D) A hearing date shall not be postponed or continued unless a request for continuance, showing good cause for such continuance, is received in writing by the Special Master at least ten calendar days prior to the date set for the hearing. (E) All hearings of the Special Master shall be open to the public. All testimony shall be under oath. Assuming proper notice, a hearing may proceed in the absence of the named Violator. (F) The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. (G) The Village Clerk shall provide clerical and administrative personnel as may be reasonably required by each Special Master for the proper performance of their duties. (H) Each case before a Special Master shall be presented by the Village Manager or his or her designee. (I) The hearing need not be conducted in accordance with the formal rules relating to evidence and witnesses, but fundamental due process shall be observed and shall govern the proceedings. Any relevant evidence shall be admitted if the Special Master finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. (3) Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called that witness to testify; and to offer rebuttal of the evidence. (K) The Special Master shall make findings of fact and conclusions of law based on evidence of record. In order to make a finding upholding the Code Enforcement Officer's decision, the Special Master must find that a preponderance of the evidence indicates that the named Violator was responsible for the violation of the relevant section of the Code. 8 (L) The time for correction given by the Code Enforcement Officer to the named Violator and contained in the Notice is rebuttably presumed to have been a reasonable time for correction. Upon presentation of relevant evidence by the named Violator that the time for correction was not reasonable, however, the Special Master may make a redetermination as to reasonableness of the time for correction contained in the Notice. The Special Master may not make a determination that the time given for correction in the Notice was unreasonable unless the time given for correction has not yet run at the time the Special Master makes his decision. If the Special Master determines that the time given for correction was insufficient, the penalty for a Continuing Violation shall be calculated from the date determined by the Special Master to be a reasonable date for correction. .(M) If the named Violator is found guilty of the violation, they may be held liable for the reasonable cost of the administrative hearing, at the discretion of the Special Master. (N) The fact-finding determination of the Special Master shall be limited to whether the violation alleged did occur, and, if so, whether the person named in the Notice may be held responsible for that violation. Based upon this fact-finding determination, the Special Master shall either affirm or reverse the decision of the Code Enforcement Officer. The Special Master may also modify the decision of the Code Enforcement Officer as to the time for correction contained in the Notice, subject to the provisions of Section 11(L) of this Ordinance. If the Special Master reverses the decision of the Code Enforcement Officer and finds the named Violator not responsible for the Code violation alleged in the Notice, the named Violator shall not be liable for the payment of any civil penalty, absent reversal of the Special Master's findings pursuant to Section 14 of this Ordinance. (0) The decision of the Special Master affirming the decision of the Code Enforcement Officer, shall include the following elements: (1) Amount of civil penalty. (2) Administrative costs of hearing. (3) Date by which the violation must be corrected to prevent resumption of Continuing Violation penalties, if applicable. (P) A Special Master shall postpone a hearing if the named Violator, prior to the scheduled hearing date, files with the 9 duly authorized Village board of appropriate jurisdiction, if any, an administrative appeal concerning the interpretation or application of the Code provisions upon which the alleged violation was based. However, once an issue has been determined by a Special Master in a specific case, that issue may not be further reviewed by a Village board in that specific case. (Q) Upon exhaustion of a timely filed administrative appeal and finalization of the administrative order by such board, the Special Master may exercise all powers given to him by this Chapter. The Special Master shall not, however, exercise any jurisdiction over such alleged Code violations until the time allowed for court appeal of the ruling of such board has lapsed or until such further appeal has been exhausted. (R) The Special Master shall be bound by the interpretations and decisions of duly authorized Village boards concerning the provisions of the Code within their respective jurisdictions. In the event such a board decides that an alleged violation of the Code is not in accordance with such board's interpretation of the Code provision on which the violation is based, the Special Master shall not be empowered to proceed with the enforcement of the violation. Sec. 12. Civil Penalties and Related Terms Construed. (A) Penalties for violations of the provisions to be enforced through this Ordinance shall be in the amounts prescribed in the schedule of civil penalties contained in Section 17 of this Ordinance. (B) For each day of a Continued Violation, an additional penalty in the same amount as that prescribed for in the original violation shall be added. (C) For the first Repeat Violation, the amount of the civil penalty shall be double the amount of penalty prescribed for the original violation by Section 17 of this Ordinance. The amount of civil penalty due for each subsequent Repeat Violation shall be double the amount of penalty due for the first day of the immediate preceding violation, provided that the maximum penalty payable for the first day of any one Repeat Violation shall be $500.00. (D) A Repeat Violation which remains uncorrected beyond the time prescribed for correction in the Notice shall be treated as a Continuing Violation, and the additional penalty for each day of continued violation shall be double the amount due for the first day of the Repeat Violation.. (E) Continuing Violation penalties shall accrue from the date 10 of correction given in the Notice until the correction is made or until a request for administrative hearing is filed, whichever comes first. If the named Violator requests an administrative hearing and loses his appeal, the Special Master shall determine a reasonable time period within which correction of the violation must be made, based on the considerations set forth in Section 7(A) of this Ordinance. If correction is not made within the period set by the Special Master, Continuing Violation penalties shall begin to accrue again after the time for correction has run. (F) Civil penalties assessed pursuant to this Chapter are due and payable to the Village on the last day of the period allowed for the filing of an appeal from the Special Master's decision, or, if a proper appeal is made, when the appeal has been finally; decided -adversely to the named Violator. Sec. 13. Recovery of Unpaid Civil Penalties; Unpaid Penalty to Constitute a Lien; Foreclosure. (A) The Village may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties. (B) A certified copy of an order imposing a civil penalty may be recorded in the public records and thereafter shall constitute a lien against the property on which the violation exists and upon any other real or personal property owned by the Violator; upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A civil penalty imposed pursuant to this Ordinance shall continue to accrue until the Violator complies or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this Chapter whichever occurs first. After three months from the date of filings of any such lien which remains unpaid, the Village may foreclose or otherwise execute on the lien. (C) No lien provided under this Ordinance shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on a lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party may recover interest and all costs, including a reasonable attorney's fee, incurred in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. 11 Sec. 14. Appeals of Order. (A) An aggrieved party, including the Village, may appeal a final order of a Special Master to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Special Master. An appeal shall be filed within 30 calendar days of the issuance of the order sought to be overturned. Failure to make such appeal within the prescribed 30 -day period shall render the findings of the Special Master conclusive, binding and final. (B) Unless the findings of the Special Master are overturned in a proceeding held pursuant to Section 14(A) of this Ordinance, findings of the Special Master shall be admissible in any proceeding to collect unpaid penalties. (C) No aggrieved party other than the Village may apply to the courtfor relief unless such party has first exhausted the remedies provided for in this Ordinance and has taken all available steps provided in this Ordinance. It is the intention of the Village that all steps provided by this Ordinance shall be taken before any application is made to the court for relief; and no application shall be made by any aggrieved party other than the Village to a court for relief except from an order issued by a Special Master pursuant to this Chapter. It is the intention of the Village that, notwithstanding anything to this Ordinance to the contrary, the Village shall retain all rights and remedies otherwise available to it to secure compliance with or prevent violations of the Code. For purposes of an appeal, the Village Clerk shall make available, for public inspection and copying, the record upon which each final order of a Special Master is based. The Village Clerk shall make a reasonable charge commensurate with the cost for the preparation of the official record on appeal and transmittal thereof to the circuit court and for making certified copies of any record or portion thereof. Sec. 15. Provisions Contained Herein are Supplemental. Nothing contained in this Ordinance shall prohibit the Village from enforcing its Code by any other means. The enforcement procedures outlined herein are cumulative to all others and shall not be deemed to be prerequisites to filing suit for the enforcement of any section of this Code. Sec. 16. Additional Enforcement Powers. In addition to the powers and authority given to the Special Masters for the Village pursuant to this Ordinance, the Village may, in its discretion, exercise any powers given to 12 municipalities or their special masters by Florida Statute, Chapter 162, as amended. Sec. 17. Schedule of Civil Penalties. (A) The following table outlines the sections of the Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this Ordinance, and, the dollar amount of civil penalty for the violation of these sections as they may be amended. Each "Description of Violations" below is for informational purposes only and is not meant to limit or define the nature of the violation or the subject matter of the listed Code sections. To determine the exact nature of the activity proscribed or required by the Code, the relevant Code section must be examined. (B) The following is the schedule of civil penalties. (C) Code Section Description Of Violation Civil Penalty For violations of any section of this Code for which a specific penalty is not prescribed in Section 17 a penalty shall be imposed which shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation. For the purposes of continuing violations, each day shall constitute a separate violation. Section 2. REPEAL OF CONFLICT PROVISIONS. Chapter 8CC of the Dade County Code made applicable to the Village by Article VIII, Sections 8.03 of the Village Charter is hereby repealed. 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. INCLUSION IN THE CODE. It is the intention of the 13 Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Village of Key Biscayne Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. EFFECTIVE DATE. This Ordinance shall be effective upon adoption on second reading. R— AND do ADOPTED on first reading this day of 1992. 2 JO AND ADOPTED on second reading this i day of , 1992. age Clerk RAFAEL H. CONTE, MAYOR PPROVED AS TO FORM AND LEGAL SUFFICIENCY: iss, Village Attorney 14 WEISS SEROTA 8c HELFMAN, P.A. ATTORNEYS AT LAW 2665 SOUTH BAYSHORE DRIVE SUITE 204 MIAMI, .FLORIDA. 33133 EDWARD G. GUEDES STEPHEN J. HELFMAN GILBERTO PASTORIZA ELLEN NOLEN SAUL JOSEPH H. SEROTA RICHARD JAY WEISS TELEPHONE (305) 854-0800 TELECOPIER (305) 854-2323 July 28, 1992 Mr. Jack Neustadt Acting Village Clerk The Village of Key Biscayne 95 West McIntyre Street Key Biscayne, FL 33149 BROWARD OFFICE 500 SOUTHEAST 6TN STREET SUITE 200 - FORT LAUDERDALE, FLORIDA 33301 TELEPHONE (305) 763-1169 RE: Scrivener's Errors on Ordinance 92-14; The Code Enforcement Ordinance Dear Mr. Neustadt: Pursuant to our telephone conversation of July 27, 1992, I have enclosed copies of pages 3, 7 and 9 of the captioned Ordinance which contained minor scrivener's errors. The scrivener's errors are as follows: 1. Page 3, Section section has been Page 3, Section section has been Page 7, Section section has been - 5. Reference to Section 15 corrected to Section 14. 6. Reference to Section 8 corrected to Section 7. 11. Reference to Section 8 corrected to Section 7. in this in this in this Page 9, Section 11(N). Reference to Section 12(L) and Section 15 in this section have been corrected to Section 11(L) and Section 14. Please make sure you substitute the enclosed pages in the Ordinance prior to sending the Ordinance for codification. Thank you for your cooperation in this matter. Please call me if you have any questions. GP/sk 103:001 Enclosures Qualifications of Special Masters; Appointment and Removal; Compensation. Appointments of Special Masters shall be made by the Mayor as needed on the basis of experience or interest in code enforcement. Such appointments shall be submitted to the Trustees for ratification. (A) Special Masters shall be residents of the Village and shall possess outstanding reputations for civic pride, interest, integrity, responsibility and business or professional ability. (B) Appointments shall be made for a term of one year. Special Masters may be reappointed at the discretion of the Mayor, subject to ratification by the Board of Trustees. (C) Special Masters shall not be Village employees but may be compensated at a rate to be determined by administrative order. Sec. 4. Powers of Special Masters. Special Masters shall have the power to: (A) Adopt Rules for the conduct of hearings. (B) •Subpoena Violators and witnesses for hearings; subpoenas shall be served by the Village Police Department or by the Village staff. (C) Subpoena evidence to hearings. (D) Take testimony under oath. (E) Assess and order the payment of civil penalties as provided herein. (F) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. Sec. 5. Village Attorney to Serve as Counsel. The Village Attorney shall provide legal advice to the Special Masters. If an appeal is taken pursuant to Section 15 of this Ordinance, the Village Attorney shall represent the Village at such proceedings. Sec. 6. Authority to Initiate Enforcement Proceedings. Code Enforcement Officers shall have the authority to initiate code enforcement proceedings as provided in Section 8 of this 3 a request in writing to the address indicated on the Notice, not later than 20 calendar days after the service of the Notice. (C) If the named Violator, after notice, fails to pay the civil penalty and correct the violation within the time specified, or to timely request an administrative hearing before a Special Master, the Special Master shall be informed of such failure by report from the Code Enforcement Officer. Such report shall be by affidavit of the Code Enforcement Officer. Failure of the named Violator to appeal the decision of the Code Enforcement Officer within the prescribed time period shall constitute a waiver of the Violator's right to administrative hearing before the Special Master. A waiver of the right to administrative hearing shall be treated as an admission of the violation, and penalties may be assessed accordingly. Sec. 11. Scheduling and Conduct of Hearing. (A) Upon receipt of a named Violator's timely request for an administrative hearing or a written hearing request from the Code Enforcement Officer as provided for in Section 8, the Village Manager shall set the matter down for hearing on the next regularly scheduled hearing date or as soon thereafter as practicable. (B) The Village Manager first class mail to the address. The notice of limited to the following: shall send a notice of hearing by named Violator at his last known hearing shall include but not be (1) Name of the Code Enforcement Officer who issued the Notice. Factual description of alleged violation. Date of alleged violation. Section of the Code allegedly violated. Place, date and time of the hearing. (6) Notice of right of Violator to be represented by an attorney. (7) Right of Violator to present evidence, witnesses and cross-examine witnesses. (8) Notice that failure of Violator to attend the hearing may result in civil penalty and administrative hearing costs being assessed. 7 (L) The time for correction given by the Code Enforcement Officer to the named Violator and contained in the Notice is rebuttably presumed to have been a reasonable time for correction. Upon presentation of relevant evidence by the named Violator that the time for correction was not reasonable, however, the Special Master may make a redetermination as to reasonableness of the time for correction contained in the Notice. The Special Master may not make a determination that the time given for correction in the Notice was unreasonable unless the time given for correction has not yet run at the time the Special Master makes his decision. If the Special Master determines that the time given for correction was insufficient, the penalty for a Continuing Violation shall be calculated from the date determined by the SpecialMaster to be a reasonable date for correction. (M) If the named Violator is found guilty of the violation, they may be held liable for the reasonable cost of the administrative hearing, at the discretion of the Special Master. (N) The fact-finding determination of the Special Master shall be limited to whether the violation alleged did occur, and, if so, whether the person named in the Notice may be held responsible for that violation. Based upon this fact-finding determination, the Special Master shall either affirm or reverse the decision of the Code Enforcement Officer. The Special Master may also modify the decision of the Code Enforcement Officer as to the time for correction contained in the Notice, subject to the provisions of Section 12(L) of this Ordinance. If the Special Master reverses the decision of the Code Enforcement Officer and finds the named Violator not responsible for the Code violation alleged in the Notice, the named Violator shall not be liable for the payment of any civil penalty, absent reversal of the Special Master's findings pursuant to Section 15 of this Ordinance. (0) The decision of the Special Master affirming the decision of the Code Enforcement Officer, shall include the following elements: (1) Amount of civil penalty. (2) Administrative costs of hearing. (3) Date by which the violation must be corrected to prevent resumption of Continuing Violation penalties, if applicable. (P) A Special Master shall postpone a hearing if the named Violator, prior to the scheduled hearing date, files with the 9 MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertisingof the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE Meeting - June 23, 1992 RE: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING PURCHASING PROCEDURES, etc. X X X In the Court, was published in said newspaper in the issues of June 12, 1992 Aifient further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously !. published in said 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 Dade Co , Florida, for a period of one year next preceding the firs •u lication of the attached copy of advertisement; and affiant rt er says that she has neither paid nor promised any pe . -fi or corporation any discount, rebate, commission or ref for the purpose of securing this advertisement for public. •n in the sal • newspaper - Sworn to and subscribed before me this 12tbay of Ft..I I r- 3 >ARY I C g C COMMISSION NO. 172103 (SEAL) `: COMMISSION EXP. /AN. (.1996 Sookie WRIIIIMWsTinAi known to me. ART SEALAD. 19 atORIDA 92 VILLAGEOF KEY BISCAYNEFLORIDC PUBLICIIOTICE Notice is hereby given that"the-following^o,tKuances"' ik`be. considered on Second Reading -,by the--Key-`Biscayne Board of `. Trustees at a meeting to be heidon Tuesday, aline 23,;1992,Com- mencing at TAX pin at the -Key= Biscayne' Elementary' School, i50 West McIntyre Street, Key Biscayne Florida- r - AN ORDINANCE OF'THE VILLAGE OFKEY:BISCAYNE,,- FLORIDA; ESTABLISHING PURCHASING-PROCEDURES-."1" DESIGNATING"A P1JRCHASING'AGENT; PROVIDING FOR LIMITATIONS ON PURCH"ASES;.PROVIDING FORE6MPET: ITIVE. BIDDING;- ESTABLISHING GOMPEf(TIVE-'BIt3DIWG _ AND BID- OPENING PROCEDURES'` PROVIDINW='F_OR' AWARDING:OF BIDS- t4tuVtt1NG FOR MIAIVEIF-QFCOM- ' PETITIVE BIDDING;PROVIDING FOR -EI EMpT!©U[GFRObt '&- COMPETITIVE,BIDDING;, PROVIDING�FOR REPEAT OE CONFLICTING PROVISIONS;` PROVLDtNG-FORtSEVERABtU-- ITY,:INCLUSION IN THECODEANDAN=EFEECTIVE'DATE-' 'AN `ORDINANCE''OF THEnVWAGF OF".K VHE; - FLORIDA; ESTABLISHING A COOtEP&FORCEMENT .PROCEDURE; -PROVIDING DEFINITIONS; VROV:OING FOR " CIVIL OFFENSES AND PENALTIES -,,PROVIDING FOR OUALIFICATIONS;>APPOINTMENT, BEMOVll€JAND.COM PENSATION OF SPECIAL MASTERS "SE' IlNG;FORTH. THE: POWERS-OF.SPECIAL: MASTERS,`PROOVIDING-FOR AUTHORITY TO INITIATE ENFORCEMENTRBOCEED1NGS;- PROVIDING: ENFORCEMENT PROCEDURES; -DESCRIBING - THE CONTENTS AND METHOD OF'SERVtCE,OF, WARNINGS AND; CIVIL VIOLATION NOTICES; SEFTITIG FORTH THE. RIGHTS OF. VIOLATORS;-PROVIDING'FOR PAYMENT OF FINES; -PROVIDING FOR THESCHEDU1UNG` AND (CONDUCT, -OF HEARINGS BEFORESPECIAL MASTERS; PROVIDINGREMEDIESTO.RECOVEWUNPAID , CIVIL PENALTIES; PROVIDING" FOR APPEALS OFORCERS OF',SPECIAL-MASTERS; PROVIDING FORADDITIONAL ENFORCEMENT POWERS; ESTABLISHING'"'ArSCHEDutE-- OF CIVIL PENALTIES; PROVIDING= FOR'REPE#L OF CONFLICTING PROVISIONS; PROVIDING FORSEVERABIL- ITY;INCLUSIOMiN THE CODE AND AN EFFECTIVEDATE. Interested parties are invitedto'appear and.betiear&.Copiesol the ordinances may be seen at -the Key Biscayne_Village: Clerk's. OffIce ataS WI McIntyre St:,1 ey:.Biscayne. Any person wishing to appeal any decision made -by this Board with respect to any matter consideredat-this meeting willneeda record of the proceeding and for: such purposes; mayneedto ensure that a verbatim record of the proceedings is -made which record includes the testimony and evidence upon which the: appeal is made. 6)12 92.4-061246M ORDINANCE NO.92-15 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING PURCHASING PROCEDURES; DESIGNATING A PURCHASING AGENT; PROVIDING FOR LIMITATIONS ON PURCHASES; PROVIDING FOR COMPETITIVE BIDDING; ESTABLISHING COMPETITIVE BIDDING AND BID OPENING PROCEDURES; PROVIDING FOR AWARDING OF BIDS; PROVIDING FOR WAIVER OF COMPETITIVE BIDDING; PROVIDING FOR EXEMPTIONS FROM COMPETITIVE BIDDING; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the Board of Trustees has determined that purchasing guidelines and procedures are essential elements in the administration of the Village's day to day activities; and WHEREAS, the Village's Charter requires that contracts for public improvements and purchases of supplies, materials, or services shall be awarded or made on the basis of specifications and competitive bids, except in where the Board of Trustees specifically determines that it is impractical to do so; and WHEREAS, the Board hereby determines that it is impractical to purchase, through competitive bidding, materials, supplies, equipment, improvements or services for which funds are provided in the budget and for which the total amount to be expended is $2,500 or less. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Code of the Village of Key Biscayne is hereby amended by adding a new Chapter which shall read as follows; CHAPTER PURCHASING PROCEDURES Sec. 1. Purchasing Agent. The Village Manager or his designee shall be the chief purchasing agent of the Village. The purchasing agent shall contract for, purchase, store and distribute all supplies, materials and equipment required by any office, department or agency of the Village. The purchasing agent shall establish and enforce specifications, inspect or supervise the inspection of all deliveries and have full and complete charge of, and be responsible for, all supplies, materials, and equipment purchased for or belonging to the Village. Sec. 2. Purchasing Limitations; Competitive Bidding. (A) Purchases less than $2,500. Purchases of or contracts for materials, supplies, equipment, improvements or services for which funds are provided in the budget, where the total amount to be expended is not in excess of $2,500 may be made or entered into by the Village Manager without submittal to the Board of Trustees and without competitive bidding. Single purchases or contracts in excess of $2,500 shall not be broken down to amounts less than $2,500 to avoid the requirements of this section. (B) Purchases more than $2,500 but less than $10,000. Purchases of or contracts for materials, supplies, equipment, improvements or services for which funds are provided in the budget, where the total amount to be expended is in excess of $2,500, but which do not exceed $10,000 may be made or entered into by the Village Manager without submittal to the Board of Trustees, but shall require compliance with the competitive bidding requirements set forth in Section 3 of this Ordinance. Single purchases or contracts in excess of $10,000 shall not be broken down to amounts less than $10,000 to avoid the requirements of this section. (C) Purchases in excess of $10,000. The Board of Trustees shall approve all purchases of or contracts for materials, supplies, equipment, public improvements or services where the total amount to be expended is more than $10,000. (D) The Village Manager may not purchase or contract for any item or service which exceeds any budget appropriation until such a time the Board of Trustees amends the budget to increase the appropriation to the 2 applicable level. Sec. 3. Competitive Bidding Procedure. (A) Whenever competitive bidding is required by this Ordinance, the Village manager shall direct that bid proposals which provide specifications for the purchase or contract be prepared. (B) The Village Manager shall solicit sealed bids from at least three persons or entities engaged in the business of furnishing such materials, supplies, equipment and public improvements or rendering such services. (C) The Village Manager may publish a public invitation to bid. (D) Bids shall be awarded to the lowest, most responsive, responsible bidder, as determined by the Board of Trustees and/or the Village Manager as the case may be, subject to the right of the Village to reject any and all bids, to waive any irregularity in the bids or bidding procedures and subject also to the right of the Village, to award bids and contracts to bidders other than the low bidder. Sec. 4. Bid Opening Procedure; Awarding of Bids. (A) Sealed bids shall be opened by the Village Manager or his appointed representative and recorded by the Village Manager or his representative on the date and time specified in the bid proposal. (B) Whenever required by the bid proposal, all bid bonds, cash, insurance, checks or other security accompanying the bid shall be received and maintained for safekeeping by the Village Manager. The Village Manager shall be responsible for the return of the bid bonds, cash, insurance, checks or other security of unsuccessful bidders. (C) Upon completion of the bid opening and reading, all bids received will be deposited with the Village Manager for tabulation and entire award or recommendation to the Board of Trustees. (D) Upon submission of the bid tabulation and recommendation to the Village Manager or Board of Trustees, as the case may be, the Village Manager or the Board of Trustees shall either accept, reject or refer 3 for additional review the bid tabulation and recommendation. Sec. 5. Waiver of Competitive Bidding Procedures. The Board of Trustees may, by majority vote, waive the competitive bidding procedures outlined in this ordinance if the Board of Trustees determines that it is impractical to do so: Sec. 6. Governmental Contracts. The Village Manager is hereby authorized to entered into bids or contracts entered into byanother governmental authorities provided that the governmental authority has gone through a competitive bidding procedure leading to the award of the bid or contract in question which, in the opinion of the Village Manager after consulting with the Village -Attorney, is substantially similar to the competitive bidding procedure outlined in this Ordinance. Sec. 7. Exemptions From Competitive Bidding. The following shall be exempt from the competitive bidding procedures outlined in this ordinance: (A) Transactions described in Section 2(A) of this Ordinance. (B) Contracts for professional services. (C) Other contracts as provided by state law. Section 2. REPEAL OF CONFLICTING PROVISIONS. All provisions of the Code of Metropolitan Dade County as made applicable to the Village by Article VIII, Sections 8.03 of the Village Charter which are in conflict with this Ordinance are hereby repealed. 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 4 legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. INCLUSION IN THE CODE. It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Village of Key Biscayne Code; that the sections of this Ordinance .may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. EFFECTIVE DATE. This Ordinance shall be effective upon adoption on second reading. (2 PASSED AND ADOPTED on first reading this 1992. PASSED AND ADOPTED on second reading this , 1992. GE CLERK RAFAEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY EI$;, VILLAGE ATTORNEY 43 4 CONTE, MAYOR day of day of takaelaCtinva WEISS SEROTA 8c HELFMAN, P.A. ATTORNEYS AT LAW 2665 SOUTH BAYSHORE DRIVE SUITE 204 MIAMI, FLORIDA 33133 EDWARD G. GUEDES STEPHEN J. HELFMAN GILBERTO PASTORIZA ELLEN NOLEN SAUL JOSEPH H. SEROTA RICHARD JAY WEISS Mr. Jack Neustadt Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Re: Scrivener's Dear Jack: TELEPHONE (305) 854-0800 TELECOPIER (305) 854-2323 September 11, 1992. Errors in Ordinance 92-15. BROWARD OFFICE 5O0 SOUTHEAST BT. STREET SUITE 200 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE (305) 763-1189 I am enclosing a corrected copy of page 4 of the captioned Ordinance. The scrivener's errors have been corrected as follows: 1. Sec. 5, fourth line, the colon has been replaced with a period. 2. changed to the 3. changed to the Sec. 6, first line present tense. the word "entered" has been Section 2, third line, the word "sections" has been singular. Before sending Ordinance 92-15 for codification, please substitute the enclosed page 4 for the page 4 contained in the ordinance as enacted. Thank you for your assistance and cooperation in this matter. Please do not hesitate to contact me should you have any questions or require additional information. AAD/ne 103.001 Enclosure - cc: Richard Jay Weiss, Esq. for additional review recommendation. Sec. 5. Waiver of Competitive Bidding Procedures. The Board of Trustees may, by majority vote, waive the competitive bidding procedures outlined in this ordinance if the Board of Trustees determines that it is impractical to do so. the bid tabulation and Sec. 6. Governmental Contracts. The Village Manager is hereby authorized to enter into bids or contracts entered into by another governmental authorities provided that the governmental authority has gone through a competitive bidding procedure leading to the award of the bid or contract in question which, in the opinion of the Village Manager after consulting with the Village Attorney, is substantially similar to the competitive bidding procedure outlined in this Ordinance. Sec. 7. Exemptions From Competitive Bidding. The 'following shall be exempt from the competitive bidding procedures outlined in this ordinance: (A) Transactions described in Section 2(A) of this Ordinance. (B) Contracts for professional services. (C) Other contracts as provided by state law. Section 2. REPEAL OF CONFLICTING PROVISIONS. All provisions of the Code of Metropolitan Dade County as made applicable to the Village by Article VIII, Section 8.03 of the Village Charter which are in conflict with this Ordinance are hereby repealed. 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 4 MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE Meeting - June 23, 1992 RE: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING r - PURCHASING PROCEDURES, etc. X X X In the was published in said newspaper in the issues of Court, June 12, 1992 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 Dade Co y, Florida, for a period of one year next preceding the firs lication of the attached copy of advertisement; and atfiant rt er says that she has neither paid nor promised any perso . fi . or corporation any discount, rebate, commission or ret for the purpose of securing this advertisement for public in the sal wspaper. 12t1 (SEAL) Bookie Wi Swom to and subscribed before me this .Opyr sra *iEirn '"n -a. A.D. eG a . . . . cR ORIDA Y e) 3�• COMMISSION NO. .172103. MY COMNi15SN SIP. IAid. 6:1476 s personally known to me. 92 VILLAGE OF KEY BISCAYNE-FLORIDA "- PUBMC NOTICE Notice Is hereby given that the following ordinances will be considered on Second Reading by the Key Biscayne Board of:: Trustees at a meeting: to be held on Tuesday, June 23, 1992,, corn menc ng:at 7,00 psn. at the -Key. Biscayne Elementary School, 150 West McIntyre Street, Key Biscayne, Florida. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, I FLORIDA: ESTABLISHING PURCHASING PROCEDURES; DESIGNATING -A PURCHASING AGENT: PROVIDING FOR LIMITATIONS ON PURCHASS; PROVIDING FOR COMPEF ITIVE BIDDING; ESTABLISHING 'COMPETITIVE '61DDING AND BID' OPENING' PROCEDURES; PROVIDING FOR I AWARDING OF BIDS., -PROVIDING FOR WAIVER OF COM PETITIVE BIDDING PROVIDING FOR EXEMPTIONS FROM .COMPETITIVE BIDDING; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABIL ITY, INCLUSION IN THE CODE AN a AN EFFECTIVE DATE. AN ORDINANCE OF ME -VILLAGE OF KEY-BISCAYNE, FLORIDA; ESTABLISHING A CODE ENFORCEMENT PROCEDURE', PROVIDING DEFINITIONS; PROVIDING FOR CIVIL OFFENSES AND PENALTIES; PROVIDING FOR ' QUALIFICATIOt4S;APPOIHTMENT TtEMOVAL AND COM- PENSATION' OF SPECIAL MASTERS; SETTING FORTH' THE POWERS- OF SPECIAL MASTERS; PROVIDING -FOR AUTHORITY TO -INITIATE ENFORCEMENT:PROCEEDINGS; PROVIDING ENFORCEMENT PROCEDURES; DESCRIBING THE CONTENTS AND METHOD OF SERVICE OF WARNINGS AND iCIVIL VIOLATION NOTICES; SETTING FORTH THE RIGHTS OF VIOLATORS; PROVIDING FOR PAYMENT OF FINES; PROVIDING FOR THE SCHEDULING AND CONDUCT' OF HEARINGS BEFORE SPECIAL MASTERS; PROVIDING REMEDIES TO RECOVER UNPAID CIVIL PENALTIES; PROVIDING FOR APPEALS OF ORDERS - OF SPECIAL MASTERS; PROVIDING FOR ADDITIONAL ENFORCEMENT POWERS; ESTABLISHING' A'SCHEDULE OF CIVIL PENALTIES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABIL ITT, INCLUSION IN THE CODE AND AN EFFECTIVEDATE Interested parties are invited toappearand be heard. Copies of the ordinances maybe seen at the Key Biscayne Village_ Clerk's -0ffice at -85 W. McIntyre St -„Key Biscayne. Any person Wishing to appeal any decision made -by -Mrs Board �. Width respect to any matter considered at -this fleeting will neetha s of the proceeding, and' for suctt purposes, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence -upon which -the appeal: 6112 92-4-031246M SECOND ALTERNATE ORDINANCE ORDINANCE NO. 92-1 L AN ORDINANCE OP THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC. TO USE THE PUBLIC STREETS OF THE VILLAGE, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES or TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER; PROVIDING FOR THE PAYMENT OF A ONE PERCENT iFEE; PROVIDING FOR SEVERABIL/TY, INCLUS/ON IN THE CODE AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Permission is hereby granted to BellSouth Telecommunications, Inc., its successors and assigns ("the "Company"), to construct, maintain and operate lines of telephone and telegraph equipment, including the necessary poles, conduits, cables, electrical conductors, fiber optics and digital technology fixtures upon, along, under and over the public roads, streets, and rights -of -way of the Village of Key Biscayne, Florida, as its business may from time to time require, provided 'that all poles shall be neat and symmetrical. Section 2. The work of erecting poles and constructing underground conduits under this ordinance shall be done subject to the supervision of the Village, and the Company shall replace or properly relay and repair anysidewalk, street, lawn, landscaping or Swale that may be displaced by reason of such work, and upon failure of the Company to do so, after twenty (20) days' notice in writing given by the Village to the company, the village may repair such portions of the sidewalk, street, lawn, landscaping or swale that may have been disturbed by the company and collect the cost so incurred from the Company. Section 3. In consideration of the rights and privileges herein granted, the Company shall pay to the.Village annually a sum equal to one (1%) percent of the gross receipts of the Company on recurring local service revenues for services provided within the corporate limits of the Village by the Company, provided that there shall be credited against such sum being paid to the Village the amount of all taxes, licenses, fees and other impositions (except ad valorem taxes and amounts for assessments for special benefits such as sidewalks, street pavings and similar improvements, and occupational license taxes) levied or imposed by the Village upon the Company and paid during the preceding fiscal year as defined herein. The annual payment Shall be made to the Village for each year that the permission granted herein is in effect and shall be made to the Village in four (4) installments. The first, second, and third installments of the annual payment shall be based upon such gross receipts for the first, second and third quarters, respectively of the fiscal year and shall be made; within two (2) months following the and of these periods. The fourth installment of the annual payment shall be made within two (2) months of the end of such fiscal year, shall be based upon such gross receipts for the fiscal year but shall be adjusted to reflect payment of the first three (3) installments and any credits not previously taken. For the purpose of this payment, such fiscal year shall end on 2 August 31. The first such payment shall be based upon the receipts for the quarter, September, October, and November, 1992 and shall be made an or before December 31, 1992. Section 4. If the Village wishes to verify the payments to the village under this ordinance, the Company, shall permit the Village, or a designated representative of the Village upon reasonable advance written notice, to review the Company's billing and payment records upon which the payments were based during normal business hours at the location of the Company where such records are maintained. However, no company records may be duplicated or taken from the Company's premises and, to the extent permitted by law, the Village shall maintain the confidentiality of the information disclosed in these records and use the information solely for the purpose of verifying payments by the:Company. Such Company records shall be maintained by the Company for the period prescribed by the Federal Communications Commission and/or the Florida Public Service Commission. Section 5. The Company shall indemnify; the Village against, and assume all liabilities for, damages which may arise or accrue to the Village for any injury to persons or property from the doing of any work herein authorized, or the neglect of the Company or any of its employees to comply with iany nrdinance regulating the use of the streets of the village, and the acceptance by the Company of this ordinance shall bo an agreement by it to pay to the Village any sum of money for which tha Village may become liable from or by reason of such injury. This indemnity 3 shall include all reasonable costs and attorneys' fees. Section 6. The Company shall endeavor to install underground extensions of telephone distribution lines that the Company has determined are necessary or desirable in new subdivisions where all other utilities will also be installed underground provided, however, that such installation shall be undertaken when practical and in accordance with and subject to the requirements of the applicable statutes and the Florida Public Service Commission Rules and Regulations. Section 7. The Company shall file with the Village Clerk its acceptance of this ordinance within sixty (60) days from the effective date. Section 8. Nothing in this ordinance shall be construed as a surrender by the Village of its right or power to pass ordinances regulating the use of its streets. Section 9. The permission granted by this: ordinance, if accepted by the Company, shall be in force and effect for a term of 30 years from and after its passage. Section 10. Severability. The provisions of'1this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reasonbbe held to be invaifd 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 loaislativc intent that thin Ordinance shall stand notwithstanding the invalidity of any part. 4 Section 11. Inclusion in th Code. It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become an appendix to the village of Trey Biscayne Code; that the sections of'this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 12. Effective Date. This Ordinance shall be effective upon adoption on second reading. u PASSED AND ADOPTED on first reading this, 14 44 day of Jury , 1592. PASSED AND ADOPTED on second reading this AU6UST 1992. ATT 2x `17ce, [TIT '.AGE CLERK( PROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY WE/SS, VILLAGE ATTORNEY \ /101.544\oxd\'1elapurg.2d 707.071 11+4 day of BELLSOUTH TELECOMMUNICATIONS F. Duane Ackerman President and Chief Executive Officer TO THE VILLAGE CLERK VILLAGE OF KEY BISCAYNE, FLORIDA 4500 Southern Bell Center 675 West Peachtree Street, N.E. Atlanta, Georgia 30375 404 529-2566 Pursuant to Second alternate Ordinance No. 92-16 adopted by the Village of Key Biscayne, Florida on the llth of August, 1992, entitled: "AN ORDINANCE. OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC. TO USE THE PUBLIC STREETS OF THE VILLAGE, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER: PROVIDING FOR THE PAYMENT OF A ONE PERCENT FEE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE." BellSouth Telecommunications, Inc., formerly Southern Bell Telephone and Telegraph Company, hereby files with the Village of Key Biscayne, Florida, its acceptance of said ordinance. EXECUTED THIS DAY THE 18TH DAY OF DECEMBER 1992 PRESIDENT AND CHIEF EXECUTIVE OFFICER ORDINANCE NO. qX - [7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING SECTION 4.01(C) OF THE CHARTER OF THE VILLAGE OF KEY BISCAYNE TO PROVIDE THAT IN CIRCUMSTANCES WHERE FOUR OR MORE MEMBERS OF THE BOARD OF TRUSTEES ARE INELIGIBLE TO VOTE ON A PARTICULAR MATTER DUE TO A CONFLICT OF INTEREST, THAT SUCH MATTER MAY BE VOTED ON AND APPROVED BY A UNANIMOUS VOTE OF THE REMAINING MEMBERS OF THE BOARD OF TRUSTEES; PROVIDING REQUISITE BALLOT LANGUAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CHARTER AND AN EFFECTIVE DATE. WHEREAS, Section 6.02(a)(1) of the Charter of the Village of Key Biscayne provides that the Board of Trustees, may, by ordinance, propose amendments to the Charter subject to approval by the electorate at the next general election or at a special election called for such purpose; and WHEREAS, Section 4.01(c) of the Charter of the Village of Key Biscayne provides that no action of the Board of Trustees shall be valid and binding unless adopted by the affirmative vote of at least four Trustees; and WHEREAS, situations may arise from time to time where due to conflicts of interest, four or more members of the Board of Trustees are not eligible to vote on a particular matter and that this situation was not contemplated or addressed by the Village Charter; and WHEREAS, it is in the public interest that despite the lack of four affirmative votes, the public business of the Village proceed; and WHEREAS, this Board has determined that a procedure allowing the remaining members of the Board of Trustees to vote and approve such a matter is in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS1: Section 1. That Section 4.01(c) of the Charter of the _Village of Key Biscayne, Florida is hereby amended as follows: (c) Ouorum and Voting. Any four (4) members of the Board of Trustees shall constitute a quorum but a smaller number may adjourn from time to time and may compel the attendance of absent members in a manner and subject to the penalties prescribed by the rules of the Board of Trustees. Voting on ordinances and resolutions shall be by roll call on final action and shall be recorded in the journal. Except as otherwise specially provided in this charter, no action of the Board of Trustees shall be valid or pinding unless adopted by the affirmative votes of at least four (4) Trustees Tip t, ; +nnt Ysa' four ¢4 Trust ... . . . . . . ..... .... . . . . . particu] rsuaa Member: aPPrPv' 1 i a_ tied text has been added; ctruck through text has been deleted from existing language. 2 Section 2. Form of Ballot. Title: Waiver of Four Vote Requirement In Conflict of Interest Situations The Charter of the Village of Key Biscayne currently requires the affirmative vote of four Trustees for approval of any measure. Shall the Charter be amended to permit a unanimous vote of the remaining Trustees when four or more Trustees are ineligible to vote due to a conflict of interest pursuant to Florida law? Yes No 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. Inclusion In the Charter. It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Charter of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Charter Amendment shall take effect upon approval of the electorate. 3 PASSED AND ADOPTED on first reading this A— day of , 1992. /! PASSED AND ADOPTED on second reading this /f day of a ; 1992. AT24EST: VIL,,AGE CLERK i APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RAFA% H. CONTE, MAYOR RICHARD JA S, VILLAGE ATTORNEY \keybisca\ord\voting. amd 103.001 4 ORDINANCE NO. 90t /? AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE VILLAGE CHARTER BY CHANGING THE DESIGNATION OF THE VILLAGE "BOARD OF TRUSTEES" TO THE "VILLAGE COUNCIL" AND SUBSTITUTING FOR THE TERM "TRUSTEES" THE DESIGNATION "COUNCILMEMBERS"; AMENDING ALL SECTIONS OF THE VILLAGE'S CHARTER IN CONFORMITY THEREWITH; PROVIDING REQUISITE BALLOT LANGUAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CHARTER AND AN EFFECTIVE DATE. WHEREAS, Section 6.02(a)(i) of the Charter of the Village of Key Biscayne provides that the Board of Trustees, may, by ordinance, propose amendments to the Charter subject to approval by the electorate at the next general election or at a special election called for such purpose; and WHEREAS, this Board wants to adopt the generally -accepted "Council" designation for its governing body and discontinue use of the term "Board of Trustees"; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Charter of the Village of Key Biscayne is hereby amended to change the designation of the Village "Board of Trustees" to the "Village Council," and to substitute for the term "Trustees" the designation "Councilmembers." All sections of the Charter of the Village of Key Biscayne are to be amended in conformity therewith. Section 2. Form of Ballot. Title: Name change from "Board of Trustees" to "Village Council" Shall the Charter of the Village of Key Biscayne be amended to change the designation of the Village "Board of Trustees" to the "Village Council" and to substitute for the term "Trustees" the designation "Councilmembers"? [ ] Yes [ ) No 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. Inclusion in the Charter. It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Charter of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This charter amendment shall take ef, ect upon approval of the electorate. PASSED AND ADOPTED on first reading this /(/ day of , 1992. 2 RICHARD JAY PASSED AND ADOPTED on second reading this 7 day of 0; 1992. RAFAEL'H. CONTE, MAYOR VILLAGE CLERK AFPROVED AS TO FORM AND LEGAL SUFFICIENCY: EfS, VILLA E ATTORNEY \keybisca\ord\ebarter.amd 103.001 3 ORDINANCE NO. gilt? AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE INCURRING OF INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $1,000,000.00; PROVIDING FOR THE APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS OF SUCH INDEBTEDNESS BY RESOLUTION ADOPTED BY THE BOARD OF TRUSTEES; PROVIDING FOR REPAYMENT OF SAID INDEBTEDNESS FROM AVAILABLE MUNICIPAL REVENUES; PROVIDING FOR THE EXECUTION OF DOCUMENTS; AUTHORIZING FURTHER OFFICIAL ACTION; SPECIFYING GOVERNING LAW; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Article 8, Section 2(b) of the Constitution of the State of Florida grants to municipalities such governmental, corporate and proprietary powers as are necessary in order to enable them to conduct municipal government, perform municipal functions, and rendermunicipal services; and WHEREAS, Section 166.021(4), Florida Statutes 1990, grants to municipalities all powers not expressly prohibited by the Constitution, general or special law, or County Charter; and WHEREAS, Section 4.03(6) of the Charter of the Village of Key Biscayne provides that the Village Board of Trustees may by ordinance borrow money; and WHEREAS, the Village is in need of emergency interim funds to pay for various municipal expenses created as a result of Hurricane Andrew until such time as it begins to receive revenues from various sources, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Authorization. The Village is hereby authorized to incur indebtedness in an amount up to $1,000,000.00 to pay for various municipal expenses and services, including those expenditures for services made necessary as a result of Hurricane Andrew, on an interim basis. Section 2. Terms of Indebtedness. The interest rate, terms, maturity and other details of such indebtedness are subject to approval by this Board by subsequent resolution. Section 3. Repayment. Such indebtedness shall be repaid by the Village through taxes, fees, federal reimbursement monies and other revenues received by the Village. Section 4. Execution of Documents. The documents evidencing such indebtedness shall be executed in the name of the Village by the Mayor and shall be approved as to form and correctness by the Village Attorney. Section 5. Further Official Action. The Mayor, Vice Mayor, Village Manager and Village Attorney are hereby authorized, empowered and directed to execute and deliver such other documents and take other such actions which shall be necessary and appropriate to incur the indebtedness. Section 6. Governing Law. The provisions of this ordinance shall be construed and enforced in accordance with the laws of the State of Florida. Section 7. Severabiiity. 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 -2- 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 8. Effective Date. This Ordinance shall be effective upon adoption. 4r PASSED AND ADOPTED this f day ATTEST: 1 ' VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VIL AGE ATTORNEY -3- of SEtICPficf/, f f M- 1992. RAFAELH. CONTE, MAYOR V. ORDINANCE NO. t --k AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the first Village budget was adopted pursuant to the Village Charter and based upon estimates of revenues and expenses in various categories; and WHEREAS, as a result of operations during the first fiscal year certain changes are necessary in various categories for fiscal year 1991-92; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Budget Amendments Approved and Adopted. The Budget of the Village of Key Biscayne for fiscal year 1991-92 is hereby amended as outlined in Exhibit "A" to this ordinance. Section 2. Effective Date. This ordinance shall become effective upon adoption on second reading. PASSED AND ADOPTED on first reading this (J day of —", 1992. PASSED AND ADOPTED on Ott,446, 1992. second reading this day of RAFAEL ; FY. CONTE, MAYOR j APPROVED AS TO FORM AND LEGAL SUFFICIENCY: *mn , vr;t GE ATTORNEY Stephen J. Heilman EXHIBIT "A" VILLAGE OF KEY BISCAYNE AMENDMENT TO BUDGET ORDINANCE 91-06 INITIAL AMENDED DESCRIPTION BUDGET INCREASE DECREASE BUDGET Advertising $ 10,000 $ 15,000 $ 25,000 Legal Expenses 80,000 70,000 150,000 Utilities 8,000 2,000 10,000 Admn/Office 6,000 2,000 8,000 Supplies Plan/Bldg/Zoning 20,000 10,000 30,000 Emergency 100,000 99,000 1,000 Contingency Start-up 25,000 5,000 30,000 Personnel Search Start-up 19,000 5,000 14,000 Contingency Computers 20,000 2,500 17,500 Office Equip. 10,000 5,000 15,000 Telephone Equip. 8,000 5,000 3,000 Video/Sound Equip. 7,500 2,500 10,000 Master Plan 110,000 3,601 106,399 Master: Plan -0- 136 136 Flyers Master Plan Signs -0- 340 340 Master Plan -0- 425 425 Meeting Rent Master Plan -0- 2,550 2,550 Taping Master Plan Misc. -0- 150 150 Totals: $395,500 $115,101 $115,10.1 $395,500 MIAMI REVIEW Published Daily except Saturday, Sunday_ and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE FLORIDA Ordinances will be considered on Second Reading by the Key Biscayne Board of Trustees at a meeting on Sept. in the X X X Court, ^" was published in said newspaper in the issues of August 28, 1992 Milani further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 Dade Cou• Florida, for a period of one year next preceding the fir ub:' cation of the attached copy of advertisement; and affian urt r says that she has neither paid nor promised any perso , g or corporation any discount, rebate, commission or re; n• or the pu se of securing this dvertisement for Publi. , . n in the sa'' ewspaper. • I / ///! Sworn to and subscribed before me this 28t a of AILD St , A.D. 19 82 (SE So. IA L .OTARY S- -,L ..,'NES E. PENA �1flfBt7' lc@P Pp..OIYNOA:. COMMISSION NO. CC 172NN MY COMMISSION EXP. IAN. 6 19% VILLAGE Or KEY BISCAYltatuanIDA PUBLIC NOTICE Notice is hereby given that the following ord}nance4.wilt be con- sidered on Second' Readies by the Key Biscayne 8:2214 otTrustees a at a meeting' to ke heir on Tuesday, Sept 9,.1292, ccenrtmncing at: 7.00 p rm at tte Key Biscayne EletT1entaiySciooL 150'.West Mptptyre Street, Key,Brscayne;fiorida.- ' " An ordinance cif'the Vittage of Key Biscayne, Fiortda; amending; the village budget as_providedtfot on exhibit A';yprjoviding cox fin._ tntereatedrpadsei arekavlted,to appear an&ba hear& Copies of 9, 1992 wile ordinances may be Seen at.the Key&dcayne Village Gierk'st rffficeat�5 •hffctitty#e Si ikey,i§jscaNne Any{serso r wrWatA*2ppeat,any .decision- Made by this -Boar&.;: tenth reapeotnto'ariY matter considered at thTS meetang,will Med�at record of.the:'pfodeedtngs and for such purposes, flay- need tienaure-hat atverbahnt;tcord df, the Proceedings, ts.made,,wtlteti+�; record Mathes -the teetimony arid aytdence-upon vireitt the appeal, Th/28 - .. . . : 924-082808M ORDINANCE No. ! -R/ AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, 'FLORIDA; ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1992 THROUGH SEPTEMBER 30, 1993 IN THE AMOUNT OF $5,510,200 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE BUDGET; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 23, 1992 the Village Manager presented to the Board of Trustees a "Tentative General Fund Operating Budget" for the fiscal year commencing October 1, 1992 and further scheduled thepublic hearingrequired by Section 200.065 of the Florida Statutes to -be held on September 9, 1992 at 7:00 p.m.; and, WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 9, 1992 at 7:00 p.m. in the Key. Biscayne Elementary School located at 150 West McIntyre Street, Key Biscayne, Florida 33149 as required by Chapter 200 of the Florida Statutes; and WHEREAS, the said public hearing as required by Section 200.065{2)(c) was held by the City Council on September 9, 1992 commencing at 7:00 p.m. in the evening as previously noticed and the public and all interested parties having had an opportunity to address their comments to the Board of Trustees, and the Board of Trustees having had an opportunity to amend the tentative budget as it:dee'med`appropriate and having considered the comments of the public regarding the tentative budget and having complied with the "TRIMt' requirements of the Florida Statutes: THEREFOREBE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE KEY BISCAYNE, FLORIDA as follows:` Section 1. That the tentative operating budget as presented by the Village Manager and amended by the Board of Trustees be and is hereby tentatively adopted, subject to final adoption and amendment as provided by Section 200.065 of the Florida Statutes. Section 2. That a final public hearing to adopt a budget for the fiscal year commencing October 1, 1992 through September 30, 1993 be and is hereby set in the Key Biscayne Elementary School, 150 West McIntyre Street, Key Biscayne, Florida at 7:00 p.m. on Tuesday September 29, 1992. Section 3. That the Village Clerk be and is hereby directed to advertise .the said -public hearing as required by law. PASSED AND ADOPTED on the first reading this 9th day of September , 1992. PASSED AND ADOPTED on the second reading this 29th day of September , 1992. Rafae H. Conte, Mayor d Jay Weiss, Village Attorney