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HomeMy Public PortalAbout1991-02 Authorizing the incurring of indebtedness in the amount of $100,000 municipal operations and expensesORDINANCE NO.4! -0 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. 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 U0 day of , 1991. PASSED AND ADOPTED on second reading this , 1991. Attest: Village Clerk .zip ►F_EAm Approved As to Form And Legal Sufficiency Village Attorney .em' Moved by: anrril � tr )AA(if_I Second by: 1C6p,_ ( C� VOTE AS FOLLOWS: TRUSTEE BRODY: TRUSTEE FRIED: ' TRUSTEE HILL:rUA-61 TRUSTEE LAUREDO: TRUSTEE RASCO:� VICE MAYOR SULLIVAN: V-15.., MAYOR CONTE:.‘0t,c,_, 3 i 54-i-day Rafael . Conte, Mayor 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 Sooklie 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 the X X X Court, was published in said newspaper in the issues of October 1, 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 Saturda Sunday and Legal Holidays) and has been entered as sec Da th a 1st day of (SEAL) .44 • f ' 4 ** * , �' OF PY *4 **4X444** ss mail matter at the post office in Miami in said ty, 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 tion in t f aid newspaper. Sworn to pnd*u scribed before me this OC t Y fit'#. 91 A.D. 19 * * "OFFICIAL NOTARY SEAL" CHERYL H. MARMER MY COMM. EXP. 4/12/92 VILLAGE OR KILT IMICAFfak FLORIDA PUBLIC NIMCIS NOTICE IS HEREBY GIVEN THAT THE FOLLOWING PROPOSED ORDINANCE WILL BE CONSIDERED BY THE KEY BISCAYNE BOARD OF TRUSTEES AT A MEETING TOE D ON TUESDAY, OCTOBER 15, 199t, COMMENCING AT TAO P. AT KEY BISCAYNE ELEMENTARY SCHOOL, 151 WEST MCINTYRE STREET, . KEY BISCAYNE, FLORIDA. AN ORDINANCE OF THE VILLAGE KEY BISCAYNE AUTHORIZING THE INCURRING OF INDEBTEDNESS IN AN` AMOUNT NOT -TO;'. .° CEED 3100-,0©0 FOR TRANSITIONAL " NICV .L OPERATIONS AND EXPENSES; PROVIDING: FOR,THEVPROVAL OF THE SPECIFY TERMS AND CO IYM� _ H INDEBT. EDNESS BY ADOPTED ice' THE BQAI D OF TRUSTEES: PROVIDING FOR REPAYMENT OF SAID INDEBTEDNESS FROM, AVAILABLE:MUNCCIPAL, REVENUES; -PROVIDING -THAT . THE TERM O1F SUCH LOAN SHALL NOTEf �LVE;�NEIS; j p1�., ING FOR'EXECUTION OF-`OOCtUMEI ; AUTHORIZING FURTHER OFFICIAL ACTOR; SPECIFYING GOVERNING LAW; PROVIDING FOR SEVERABILITY AND AN EFFEC- TIVE DATE. I� 1TE T E INVITED TO APPEAR AND BE HEICf D. NNANCE MAYBE SEEN AT THE KEY BISCAYNE PUBLIC LIB ARY. ANY PERSON WISHING TO APPEAL ANY DICISION' MADE BY THE BOARD WITH RESP T TO ANY MATTER CONSIDERED AT THIS MEETING WILL RECOFOXIF THE PROCEEDING, AND FOS SUCH PURFOQES,„AY aw40,70 ENSURE THAT A VER- B�AAT1M RECORD 6F THETHCPROCIEEMIGE4PMADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS MADE. 1(111 91-4-100110M