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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