HomeMy Public PortalAbout1992 AllORDINANCE NO
E92-07
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 the filling 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 )
)SS
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
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 Florida Election Code The State Election Code,
Chapters 97-106, Florida Statutes is hereby adopted by reference
All municipal elections shall be conducted, except as otherwise
specifically provided for in the 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 IH CONTE, MAYOR
ATTEST
1
Beatri$ M Argue les
Interim City Cle k
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Richard JayWeijj, 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 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 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 in the 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 cop of advertisement and
affiant further says that she has n = • : id nor promised any
person firm or corporation an / ount rebate commission
or ref d for the purpose is advertisement for
pub in the s.id ne
5th day of
(SEAL)
44wieftfiftiarlid subscribed before me this
OF ♦ra
"OFFICIAL NOTARY SEAL'
CRISTINA INGELMO
MY COMM EXP 4/S/!5
w
•
AD 19 92
mum OF K$Y BISCAYNE FLORIDA
PUBLIC NOTICE
Notice is hereby given that the following Emergency Ordinance
was considered and passed by the Key Biscayne Board of Trus
tees at a meeting which was held on Tuesday January 28 1992
commencing at 7 00 p m at the Key Biscayne Elementary School
151 West McIntyre Street Key Biscayne Florida.
ORDINANCE NO E92 07
AN 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 FOR 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 ELEC
TION CODE PROVIDING A PROCEDURE IN THE EVENT
OF VACANCY IN CANDIDACY DECLARING AN EMER
GENCY TO EXIST PROVIDING FOR SEVERABILITY AND
EFFECTIVE DATE
Copies of the ordinance may be seen at the Key Biscayne VII
lage Clerk s Office at 91 W McIntyre St Ste 201 Key Biscayne
2/5 92 4-020547M
ORDINANCE NO gg--05-
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
'Underlined 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
1
PASSED AND ADOPTED on first
, 1992
PASSED AND ADOPTED on second
, 1992
ATTEST
Beatriz M Argue4les
Interim City Clerk
reading this g•534 day of
reading this a4 day of
RAFAEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
tkAiti L b()CLA,-N
Richard Jay eM9s, 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 said newspaper in the 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 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 copy of advertisement and
affiant further says that she has neither paid nor promised any
person firm or corporation any - o t rebate commission
or refu �,(or the purpose o ring his advertisement for
pubic jl6r' in the said new
Sworq,
5th Feb
day of
(SEAL)
*
ribed before me this
IN% 92
lt AD 19
*
"OFFICIAL NOTARY SEAL"
CRISTINA INGELMO
MY COMM EX► 4/S/9S
VILLAGE OF KEY BISCAYNE FLORIDA
PUBLIC 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 February 25 1992
commencing at 700 pm 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 THE VILLAGE BOARD OF TRUS-
4EES ASTHE`1cAt PIANNING AGENCY FOR THE VIL
LAGE, PROVIDV4G FOR TRANSMITTAL PROVOING FOR
SEVERAINCITY INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
FIANCE NO
AN 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 APPLICA
BLE TO THE VILLAGE OF KEY BISCAYNE PURSUANT TO
SECTION 803 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 TRUS-
TEES TO AN INDIVIDUAL TRUSTEE OR OTHER PERSON
TO REVIEW AND SIGN -OFF OF ALL PERMIT APPLICA-
TIONS FOR ZONING COMPLIANCE PROVIDING FOR SEV
ERABIUTY INCLUSION IN THE CODE AND AN EFFEC-
TIVE DATE
Interested parties are invited to appose and be heard Copies of
the ordinances may be.. seen at the Key Biscayne Village Clerk s
Office at 91 W McIntyre St Ste 201 Key Biscayne
Any person wishing to apple( any decision made by this Board
with respect to any matter considered at this meeting will need a
record of the proceeding, and for such purposes, may need to
ensure that a vertettim record of the proceeding is made, which
record includes the testimony and evidence upon which the appeal
is made
215 92-4.020546M
ORDINANCE NO qc2—bot
AN 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,'
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, struck -through -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-iudicial 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, subiect to
iudicial 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 OS*''' day of
1992
ASSED AND ADOPTED 199on2 second reading this o.)5 day of
�4 ,
Attest
Village Clerk
Approved As to Form And
Legal Sufficiency
/ (off. ' ----4-A
Village A o y
Raft 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 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 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
was published In said newspaper in the Issues of
February 5, 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 year next preceding
the first publication of the attached copy of advertisement and
afflant further says that she has neither paid nor promised any
person firm or corporation any o t rebate commission
or refu or the purpose o ring his advertisement for
publIOi6 In the said new
5th
(SEAL)
Swot
Feb
day of
4
ribed before me this
92
AD 19
w
w
*OFFICIAL IQTART SEAL'
CRISTINA INGELMO
MY COMM EXP 4/S/95
VILLAGE OF XEY BISCAYNE FLORIDA a
=s a 'pUNLIC NOTICE "'-ia ; - +c 3 J
u .4? r ' 4 3t8AM JO i 4 1t J. IMA _ )
Notice it hereby given IhAt'lhe-4bllbwinQ brdirtance4 will be
considered on Second, Redding by the tier Biscayne Board of
Trustees at a meeting to be held On Tuesday, February 25 1992
commencing at 700 p m at<the Key Biscayne Elementary School
151 West McIntyre Street, Key Biscayne Florida
H,ferlttrt a .10.:, ac, pm to vac° 1•ipmi- ire
beg E1`c..Z .CORDINANGtNO 'K1c- r J
tfnakt I ORDINANCEICOF WTHG VILLAGE OF KEYVISCAYNE
.FLORIDA, DESIGNATING THEIPRIMIBESOARD OFIRUS-
IIIIIIMPINING FOR THE VIL
Afw I I DOW NUE cZODE AND AN
'DATE: TATI,3 w 7
At S8 4544 -' t+rioifreftetNANCE NO y a
-4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE
, FLORIDA PROVIDING TOR MODIFICATION OF THE
+ of ROVISIONS OF CHAPTER -33 ZONING £W THE CODE
+ OF METROPOLITAN DADE COUNTY AS MADE APPLICA
e&BLE TO THE VILLAGE OF KEY BISCAYNE PURSUANT TO
tt,,SECTION 803 OF THE VILLAGE CHARTER VESTING
AtiJURISDICTION AS TO ZONING MATTERS IN- THE BOARD
+�f OF TRUSTEES OF THE VILLAGE IN LIEU OF OFFICIALS
/I COMMITTEES AND BOARDS OF METROPOLITAN DADE
COUNTY CURRENTLY EXERCISING SUCH JURISDICTION
PROVIDING FOR DELEGATION BY THE BOARD OF TRUS
-;TEES TO AN INDIVIDUAL TRUSTEE OR OTHER PERSON
$TO REVIEW AND SIGN -OFF OF ALL PERMIT APPLICA
,.TIONS FOR ZONING COMPLIANCE, PROVIDING FOR SEV
ERABILITY INCLUSION IN THE CODE AND AN EFFEC-
TIVEDATE._.s 1.3 , r tti.. C 4 f
ut <
Interested parties are invited to appearind be head Copies of
the ordinances -may be.sw- t1he Key Biscayne -Village Clerk a
Office at 91 W McIntyre St „Ste 201 Key Biscayne
+
Any persoawishinO to.appesl any decision made by this Board
with respeot to any mattemonsidered at this meeting wttt"osed a
record of thou proceeding,read 'tor much purposes, map -need to
ensure' Mats. vettiathaniaord of the proceeding -ia veade,. which
record includes the testimony and evidence upon which the appeal
is made
215 . # r 92-4-020548M
1
]qy°
ORDINANCE NO q 42.-- I 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 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 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
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
r14 , 1992
3
,21,t,.
day of
PASSED AND ADOPTED on second reading this 6- day of
1992
ATTEST
Village Clerk
APPROVED AS TO FORM AN U LEGAL SUFFICIENCY
Stephen
R?AEL H CONTE, MAYOR
L. 3L_N
age Attorney
4
- t- &Herald
ijc Uianii 3{cralb
A Knight Ridder Newspaper
1111111111111111111111111111111111111111111111111111
VILLAGE OF KEY BISCAYNE
SAMUEL KISSINGER, VILLAGE MGR
85 W MCINTYRE ST
KEY BISCAYNE FL 33149-1897
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RENEWAL DATE
SIZE
REBATABLE
NON REBATABLE
TOTAL
REBATABLE
NON REBATABLE
TOTAL
ATE
11
REFERENCE
AD NUMBER
12
13
DESCRIPTION/PRODUCT CODE
CHARGE OR CREDITS
30
PAGEcum
AG
15
— SAW
DIMENSIONS
16
TIMES
17
BILLED UNITS
18
RATE
19
GROSS AMOUNT
20
NET AMOUNT
/21
BALANCE FORWARD
CLASSIFIED ROP CONTRACT 711801
MIAMI HERALD
45555A NOTICE OF ZONING CHANGE 03B
CLASSIFIED ROP TO 4,094 31
TOTAL BILLING THIS PERIOD (NET OF
1 L
ALL DISCOUNTS)
3300
WE VALUE YOUR BUSINESS THANK YOU FOR ADVERTISING
THE MIAMI HERALD/ EL NUEVO HERALD
XX
TO INSURE YOUR ADVERTISING RUNS AS SCHEEULED, PLEASE N
THE BALANCE IS DUE IN SEVEN DAYS AND SUBJECT TO A 1 1/
MONTH FINANCE CHARGE IF NOT PAID IN 21 LAYS
TO PLACE A CLASSIFIED AD IN
764-7026 (TOLL FREE)
BIRO
WARD, PLEASE CALL
12907
WITH
OTE THAT
2/ PER
GOO
4,09431
4,09431
AGING
25
0 29 DAYS
30 DAYS
60 DAYS
90 DAYS
TOTAL NET
AMOUNT
21
CURRENT
GROSS AMOUNT
22
CURRENT
NET AMOUNT
(1111' 4uinnis 44girsiIl
4,09931
.,14 °.,,w,1,1
ORDINANCE NO -e ( l
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) Renovations and repairs of existing structures where
there is no increase in floor area or height of said structures
(f) 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 7t,Ih day of April,
1992
PASSED AND ADOPTED on second reading this - r if day of May,
1992
ATTEST
EC —e
Village Clerk
�,1
RAFAEL ` i CONTE, MAYOR
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Hel m n, Vilage Attorney
5
iiTianii
4 eralb
e ,
A Knight Ridder Newspaper
11111111!11111111!1111111<<11Ill11l1l1l11l111l1l1lil
VILLAGE OF KEY BISCAYNE
SAMUEL KISSINGER, VILLAGE MGR
85 W MCINTYRE ST
KEY BISCAYNE FL 33149-1897
elflerald
ADVERTISING STATEMENT
6371180109205100008188620
Your billing number is 711801 0 05/10/92
If you have any questions regarding this statement call 376 2500 i
Dade 525 1177 in Broward or 1 800 234 4803 in Palm Beach
INIMM
27
2E
PLEASE RETURN THIS STUB WITH PAYMENT TO ASSURE PROPER CREI
SEE BACK FOR MAILING INSTRUCTIONS
1
MIAMI HERALD
2/9
BILLED ACCOUNT
3
DOCUMENT NUMBER
4
BILLING DATE
THE MIAMI HERALD PUBLISHING CO
1 HERALD PLAZA
MIAMI, FLORIDA 33132-1693
VILLAGE OF KEY BISCAYNE
SAMUEL KISSINGER, VILLAGE MGR
85 W MCINTYRE ST
KEY DISCAYNE FL 33149-1897
7118010
05/10/92
14
PRODUCT
SERVICE CODE
5
BILLING PERIOD
6
I TERMS OF PAYMENT
7/8
ACCOUNT NO
05/04/92 - 05/10/92
CUR ENT NET AMOUNT DUE BY Q5/17/92
711801 0
29
CONTRACT AGREEMENT
29
ADVERTISING THIS PERIOD
29
ADVERTISING TO DATE
TYPE
RENEWAL
DATE
SIZE
REBATABLE
NON REBATABLE
TOTAL
REBATABLE
NON REBATABLE
TOTAL
10
DATE
REFERENCE
AD NUMBER
12
13
CODE
CHARGE OR CREDITS
30
CLASS
OR
PAGE
15
SAW
DIMENSIONS
16
TIMES
17
BILLED UNITS
18
RATE
19
GROSS AMOUNT
20
NET AMOUNT
5/07
51876A
BALANCE FROM 05/03/92 c&
BALANCE FORWARD
CLASSIFIED ROP CONTRACT 711801
MIAMI HERALD
NOTICE OF ZONING CHANGE AND 07B
CLASSIFIED ROP TO 4,094 31
TOTAL BILLING THIS PERIOD (NET OF
WE VALUE YOUR BUSINESS TH
THE MIAMI HERALD/EL NUEVO HERAL
MN
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)
1 D 3300
ALL DISCOUNTS)
ANK YOU FOR ADVERTISING
D
RUNS AS SCHEDULED, PLEASE; N
DAYS AND SUBJECT TO A 1 1/
PAID IN 21 DAYS
BROWARD, PLEASE CA
LL
12407
WITH
OTE THAT
2/ PER
4,0943
4,0943
4,0943
4,094I3
24
AGING
25
21
22
0 29 DAYS
4,0901
30 DAYS
60 DAYS
90 DAYS
TOTAL NET
AMOUNT
4,09431
'47:7' •iririfAw s �I�AMAI.7
CURRENT
GROSS AMOUNT
CURRENT
NET AMOUN
8,1886
��VR►t��i�Mr�
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 O1(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 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
Notwithstanding the provisic .s of Section
4 Y 01(e) of the Charter, in the event that four or more
meMbers of the Board, of Trustees are ineligible to vote
on a particular matter due to required abstention
pursuant to Florida law* then in that events the
remaining members of the Board of Trustees may vote on
and approve such matter by unanimous vote
Section 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
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
Shaded text has been added, struck through text has been
deleted from existing language
2
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 day of
, 1992
PASSED AND ADOPTED on second reading this day of
, 1992
RAFAEL H CONTE, MAYOR
ATTEST
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
i
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 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
VILIAGE 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 .- next preceding
the first publication of the attached co • ad rtisement and
affiant fu r says that she has nel r p id n • promised any
person rm or corporation any ou reb e commission
or re nd the pu • • se of rin this • vertisement for
pu
Sworn to and subscribed before me this
15t of OFrILI
Y=S
Y Ci ST
(SEAL) i3'1�irli3sov�11` 0 CC i21CS
L Y C M"ISSIOr, FXP Ip V 61096
Octelma V Ferbeyre personally known to me
92
VILLAGE OF KEY 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 700
P M AT THE KEY BISCAYNE-ELEMENTARY SCHOOL 150 WEST
MCINTYRE STREET KEY BISCAYNE FLORIDA
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 INELI
GIBLE TO VOTE ON A PARTICULAR MATTER DUE TO A CON
FLICT 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 SEV
ERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Interested parties are invited to appear and be heard Copies of
the ordinances may be seen at the Key Biscayne Village Clerk s
Office at 85 W McIntyre St Key Biscayne
Any person wishing to appeal any decision made by this Board
with respect to any matter considered at this meeting will need a
record of the proceeding and for such purposes may need to
ensure that a verbatim record of the proceeding is made which
record includes the testimony and evidence upon which the appeal
is made
6/15 92 4 061553M
‘cc,
bA11/'''‘
G
56
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 shall 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 dnich 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
(1) 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
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
(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 unposed as follows
Advertising space renters, per space
Amusement, games or recreational device
(not otherwise licensed by some other law of
this state) per device
Cafes, restaurants and other
establishments
(a) 0-30 seats
(b) 31-74 seats
(c) 75-149 seats
(d) 150 or more seats
(e)
eating
Drive-in restaurants where
served while seated in their cars shall
pay a Tax of $75 00 The Tax
required by this subparagraph shall
in addition to the Tax required in
subparagraphs (a) through (d)
customers are
Contractors, subcontractors or journeymen
(principals shall be deemed employees)
(a) 1-10 employees
(b) 11-20 employees
(c) 21-30 employees
(d) 31-40 employees
(e) 41-50 employees
(f) 51-100 employees
(g) 101-150 employees
(h) 151-200 employees
(1) 201 or more employees
be
$ 3 75
18 75
37 50
75 00
112 50
150 00
22 50
45 00
67 50
90 00
112 50
281 25
421 85
562 50
585 90
Dance halls or places where entertainment is
provided for a charge
One night only
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
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
minimum Tax
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
Liquified petroleum gas, dealers and installers
(a) Installation of equipment to be used
with liquefied petroleum gas
(b) Dealer in liquefied petroleum gas, in
appliances and equipment for use of
such gas and in the installation of
appliances and equipment
Manufacturing and/or processing (principals shall
be deemed employees)
(a) 1-10 employees
(b) 11-20 employees
(c) 21-30 employees
(d) 31-40 employees
(e) 41-50 employees
(f) 51 or more employees
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
Professional management
Service business, every Person engaged in Business
as owner, agent or otherwise who performs some
ser`ice in return for consideration
281 25
187 50
93 75
1 85
18 75
93 75
62 50
156 25
37 50
75 00
112 50
150 00
225 00
281 25
37 50
37 50
(Principals shall be deemed employees )
(a) 1-5 employees
(b) 6-10 employees
(c) 11-15 employees
(d) 16-20 employees
(e) 21 or more employees
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)
Schools, colleges or other educational or
training institution for profit
Title insurance companies
Theaters (per theater)
Vending machines
(a) Merchandise or service vending machines
(per machine)
(b) Merchandise vending machines at locations
for which a License has been obtained
pursuant to this Ordinance (per machine)
(c) Laundry equipment (per machine)
(d) Coin -operated radio, television,
vibrating mattresses and similar devices
installed in Businesses providing
housing accommodations for the travelling
public
(1) Per Business
(11) 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
27 50
67 50
100 00
140 00
187 50
37 50
37 50
93 75
37 50
18 75
7 50
1 85
26 25
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
PASSED AND ADOPTED on second reading this ( IL
day of
1992
RAFAEL H
ATTES
'f(AtA-cot3if-----
Village Clerk
APPR'VED AS TO FORM AND LEGAL SUFFICIENCY
Richard Jay Weiss, Village Attorney
9
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
meeting of June 9, 1992
RE AN ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, etc
X X X
In the
was published in said newspaper in the issues of
May 29, 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 mall matter at the post office in Miami in said
Dade County Florida for a period of one ar next preceding
the first publication of the attached advertisement and
affiant further says that she has ,r , pa • nor promised any
perso rm or corporation a ebate commission
or r and for the purpose 9 rig t s advertisement for
p • I jy1_ in th id n
29thday of
(SEAL) C STINA INGELMO
M COMM EXP 4/5/95
before me this
AD 19 92
Octelma V Ferbeyre personally known to me
VILLAGE OF KEY BISCAYNE, FLORIDA
PUBLIC 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 9 1992 com-
mencing at 700 pm at the Key Biscayne Elementary School 150
West McIntyre Street Key Biscayne Florida
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 AUTHOR
ITY 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 SEVER
ABILITY INCLUSION IN THE CODE AND AN EFFECTIVE
DATE
Interested parties are invited to appear and be heard Copies of
the ordinances may be seen at the Key Biscayne Village Clerk s
Office at 85 W Mcintyre St Key Biscayne
Any person wiafttng to appeal any decision made by this Board
with respect to any matter considered at this meeting will need a
record of the proceeding and for such purposes may need to
ensure that a verbatim record of the proceeding is made which
record includes the testimony and evidence upon which the appeal
is made 5/29 92 4-052944M
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
Sec 3 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 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
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
(B) 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
(1) 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
(11) 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
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
(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
(J) 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 court for 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
Code
Section
Description
Of Violation
Civil
Penalty
(C) 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
SSED AND ADOPTED on first reading this i day of
, 1992
40
7
SSED AND ADOPTED on second reading this 3
day of
RALC-..--
„ 1992
/ , ,,,L.,
U\
RAFAEL I CONTE, MAYOR
T;ST
1
V llage Cle
PPROVED AS TO FORM AND LEGAL SUFFICIENCY
1Z4tANIttoi iii,A.A..)1
Richard Jai '�i�eiss, Village Attorney
14
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 cases 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 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
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 % day of
1992
PASSED AND ADOPTED on second reading this c 3 day of
1992
RAFAEL H CONTE, MAYOR
ATTE.T
VILL GE CLERK
•
APPRO ED AS TO FORM AND LEGAL SUFFICIENCY
5
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
PURCHASING PROCEDURES, etc
X X X
in the
was published in said newspaper in the issues of
June 12, 1992
Court
Affient 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
affiant rt er says that she has neither paid nor promised any
perso fi or corporation any discount rebate commission
or ref for the pur•ose of securing this advertisement for
public . , • n in the sal • newspaper
12th
(SEAL)
Sookle WI
1,)
Sworn to and subscribed before me this
TARY SEALA D 1f1<92
ORIDA
COMMiS: ION NO 17210.'3
r4Y COM dis�';)1 P 1•v t 19%
personally known to me
VILLAGE OF KEY BISCAYNE FLORIDA
PUBLIC 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 com
menctng at 700 pm at the Key Biscayne Elementary School 150
West McIntyre Street Key Biscayne Florida
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE
FLORIDA ESTABLISHING PURCHASING PROCEDURES
DESIGNATING A PURCHASING AGENT PROVIDING FOR
LIMITATIONS ON PURCHASES PROVIDING FOR COMPET
ITIVE BIDDING ESTABLISHING COMPETITIVE BIDDING
AND BID OPENING PROCEDURES PROVIDING FOR
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 AND AN EFFECTIVE DATE
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE
FLORIDA ESTABLISHING A CODE ENFORCEMENT
PROCEDURE PROVIDING DEFINITIONS PROVIDING FOR
CIVIL OFFENSES ANb PENALTIES PROVIDING FOR
QUALIFICATIONS APPOINTMENT REMOVAL 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 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 SEVERABIL
ITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Interested parties are invited to appear and be heard Copies of
the ordinances may be seen at the Key Biscayne Village Clerk s
Office at 85 W McIntyre St Key Biscayne
Any person wishing to appeal any decision made by this Board
with respect to any matter considered at this meeting will need a
record of the proceeding and for such 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
is made
6112 92 4-061246M
SECOND ALTERNATE ORDTNANCE
ORDINANCE NO. 9 2 - l�
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.
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, prnvichad that all po1Rs
shall be neat and symmetrical
Section 2 The work of erect2ng poles and constructing
underground condults under this ordinance shall be done subject to
the supervision of the Village, and the Company shall replace or
properly relay and repair any sidewalk, street, lawn, lnndscapz.ng
or swale that may be displaced by reason of such work, and upon
fa&.1ure of the Company Lu du so, after twenty (20) days notice in
writing glveu by the Village to the company, the village may repair
kts
such portions of the sidewalk, street, lawne 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 an
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 end of thPFIP 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 adjustod to reflect payment of the
first throe (3) snctallments 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 on 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
t
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 nr any of its Pmpl oyeon to comply wa th any cird1 nanrc
regulating the use of the streets of the Village, and the
acceptance by the Company of this ordinance shall be 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. Ths.s andomnsty
3
finro
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 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 unronstittitic1nal, 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
lcgislatsvc Intent that thIc Ordinanco shall stand notwlthstanding
the invalidity of any part
4
raipe
S,action 11. Inclusion in the Code It ss the intent).on of
the Board of Trustees, and It 1.s hereby ordained that the
provisions of this Ordinance shall become an appendix to the
Village of Rey 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.
PASSED AND ADOPTED on first reading this _9± day of
JUG , 1992
PASSED AND ADOPTED on second reading this 11 day of
AuusT , 1992
ATT
•
keei
VI GE CLERK
PROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD JAY WEISS, VILLAGE ATTORNEY
\keybieca\ord\telepurg 2d
103 001
5
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 /�' C7
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING SECTION 4 O1(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)(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, Section 4 O1(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,
Section 2
Title
Form of Ballot
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 /G-/ day of
q Li ly
, 1992
PASSED AND ADOPTED on second reading this /1 day of
, ii ,
MC -7 1992
RAFAEL H CONTE, MAYOR
ATTEST
0 a 6:S/4
VITJ,AGE CLERK
APPiOVED AS TO FORM AND
LEGAL SUFFICIENCY
RICHARD JAYvW SS, VILLAGE ATTORNEY
\keybisca\ord\voting amd
103 001
4
ORDINANCE NO 9) \ /
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
efect upon approval of the electorate
PASSED AND ADOPTED on first reading this
1992
2
Al
Cl
day of
PASSED AND ADOPTED on second reading this
?-4 , 1992
,/
VIILAGE CLERK
ilt -'-.
i
77 (A9 -
day of
RAFAEL H CONTE, MAYOR
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
RICHARD JAY VWE fS, VILLAGE ATTORNEY
\keybisca\ord\charter amd
103 001
3
ORDINANCE NO qi% /Y
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 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 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 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
-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
PASSED AND ADOPTED this C" day of &IflirkINA, 1992
RAFAEL H CONTE, MAYOR
ATTE*4T
OA A r
L1
VIL AGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VIL AGE ATTORNEY
3
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 FOLLOWS'
Section 1 That Section 4 O1(c) of the Charter of the
Village of Key Biscayne, Florida is hereby amended as follows
(c) Quorum 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 binding
unless adopted by the affirmative votes of at
least four (4) Trustees In the e`ent that
four ( 4) or more members of the Board of
Trustees are ineiig bie to vote on a
particular matter due to required abstention
pursuant to F1or da law, then the remain, rg
members of the Board of Trustees may vote and
approve such matter by uoammous vote*
1 Shaded text has been added, struck through text has been
deleted from existing language
2
ORDINANCE NO 9.t - U
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 0 day of
4,Cit,i4(N'l 1992
caL
PASSED AND ADOPTED on second reading this 9 day of
L'L , 1992 1 4,,, i\_,,/
,,\_,,/
AT'QT
e / I r
r
t
VILLAGE CLERK
APPROVED AS TO
ti
RAFAEL 1'P CONTE, MAYOR
f
FORM AND LEGAL SUFFICIENCY
_, VISA " TTORNEY
Stephen J Helfman
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 Searc1-i
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 4 sc -0- 150 150
Totals
S395,500 $115,101
$115,101 $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
was published in said newspaper in the issues of
August 28, 1992
Court
Afflent 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 . ub cation of the attached copy of advertisement and
affiant urt r says that she has neither paid nor promised any
perso fir or corporation any discount rebate commission
or re n. for the pur• se of securing this advertisement for
publi • : • n in the sal j ewspaper ►
•
28th
(SE
So.
Sworn to and subscribed before me this
August
L) I IAL `iARY S • L
NES E PENA
m'ASWillnAiee Anc0fl IITIORMA
COMMLSSION NO CC 172108
MY COMMISSION EXP TAN 6 19 %
AD 19 82
•
9, 1992
VILLAGE OF KEY BISCAYNI FLORIDA
PUBLIC NOTICE
Notice is hereby given that the following ordinances will be con
sidered on Second Reading by the Key Biscayne Board of Trustees
at a meeting to be held on Tuesday Sept 9 1992 commencing at
7 00 pm at the Key Biscayne Elementary School 150 West McIntyre
Street Key Biscayne Florida
An ordinance of the Village of Key Biscayne Florida amending
the village budget as provided for on exhibit A providing for an
effective date
Interested parties are invited to appear and be heard Copies of
the ordinances may be seen at the Key Biscayne Village Clerk s
Office at 85 W McIntyre St Key Biscayne
Any person wishing to appeal any decision made by this Board
with respect to any matter considered at this meeting wjll need a
record of the proceedings and for such 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
is made
8/28 92-4-082808M
ORDINANCE No
?)f- 2/
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
the public hearing required 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 deemed appropriate and having considered the comments of the
public regarding the tentative budget and having complied with the
"TRIM" requirements of the Florida Statutes
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
VILLAGE OF 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
Rafael H Conte, Mayor
ATTEST
V lage Clerk
'►•PROVED AS TO FORM AND
LEGAL SUFFICIENCY
9is
R rd Jay Weiss, Village Attorney