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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 1 OF 1 ADVERTISING STATEMENT 6371180109204260004094315 Your billing number is 711801 0 04/26/92 If you have any questions regarding this statement call 376 2500 in Dade 525 1177 in Broward or 1 800 234 4803 in Palm Beach 27 26 PLEASE RETURN THIS STUB WITH PAYMENT TO ASSURE PROPER CREDIT SEE BACK FOR MAILING INSTRUCTIONS 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 BISCAYNE FL 33149-1897 7118010 04/26/92 14 PRODUCT SERVICE BILLING PERIOD 6 TERMS OF PAYMENT 7/8 ACCOUNT NO 04/20/92 — 04/26/92 C 0 D 711801 0 CONTRACT AGREEMENT 29 ADVERTISING THIS PERIOD 29 ADVERTISING TO DATE TYPE 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