HomeMy Public PortalAbout1992-12 Making a finding that an emergency exists re Board of Trustees votingORDINANCE NO. 92-12
AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA; MAKING A FINDING THAT AN
EMERGENCY EXISTS; PROVIDING THAT IN
CIRCUMSTANCES WHERE FOUR OR MORE MEMBERS OF
THE BOARD OF TRUSTEES ARE INELIGIBLE TO VOTE
ON A PARTICULAR MATTER DUE TO A CONFLICT OF
INTEREST, THAT SUCH MATTER MAY BE VOTED ON AND
APPROVED BY A UNANIMOUS VOTE OF THE REMAINING
MEMBERS OF THE BOARD OF TRUSTEES; PROVIDING
FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
WHEREAS, Section 4.01(c) of the Charter of the Village of Key
Biscayne provides that no action of the Board of Trustees shall be
valid and binding unless adopted by the affirmative vote of at
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 FOLLOWS1:
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:
•6
.w.
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
1` text has been added; struck through text has been
deleted from existing language.
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:
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
Octeima V. Ferbeyre, who on oath says that she is the Super-
visor of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
in the matter of
VILLAGE OF KEY BISCAYNE
MEETING
June 9, 1992
RE: MAKING A FINDING THAT AN
EMERGENCY EXISTS, etc.
In the X X X
was published in said newspaper in the issues of
June 15, 1992
Court,
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 mall 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 • s ad rtisement; and
affiant fu r says that she has nei r p id n • promised any
person rm or corporation any ou , reb , e, commission
or nd the pu • • se of this : • vertisement for
pu news
15t [' y of ..OFFI.CI,
tr:01.Z.S
Si'
Sworn to and subscribed before me this
y. CMMiS310N NO. CC c1(S
(SEAL) I MY C,OK!,AISSION EXF ®s1 .N. 6
Y
SEAL, A.D. 1
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 7:00
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