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Home My Public Portal About1993-09 Authorizing the incurring of indebtedness in an amount not exceeding $1,000,000ORDINANCE NO. 93-9 AN 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 VILLAGE COUNCIL; 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, municipalities Constitution, WHEREAS, Section 166.021(4), Florida Statutes 1990, grants to all powers not expressly prohibited by the general or special law, or County Charter; and Section 4.03(6) of the Charter of the Village of Key Biscayne provides that the Village Council may by ordinance borrow money; and WHEREAS, the Village is in need of funds to pay for various municipal expenses created as a result of the establishment of a Village Fire Rescue Department; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Page 1 of 3 Section 1. Authorization. The Village is hereby authorized to incur indebtedness in an amount up to $1,000,000.00 to pay for expenses and equipment made necessary as a result of establishing a Village Fire Rescue Department. Section 2. Terms of Indebtedness. The interest rate, terms, maturity and other details of such indebtedness are subject to approval by this Council by subsequent resolution. Section 3. Repayment. Such indebtedness shall be repaid by the Village through taxes, fees, and other revenues received by the Village. Section 4. 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 Page 2 of 3 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 ON FIRST READING THIS 11th DAY OF MAY, 1993. PASSED AND ADOPTED ON SECOND READING THIS 25th DAY OF MAY, 1993. RAFAE H. CONTE, MAYOR ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 3 of 3 VILLAGE OF KEY BISCAYNE PUBLIC NOTICE 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 ORDINANCES WILL BE CONSIDERED AT A MEETING TO BE HELD ON May 25, 1993 X X X 1e Court, was published in said newspaper in the issues of May 14, 1993 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 Coun rida, for a period of one year next preceding the first • • licat' n of the attached copy of advertisement; and affiant rther s s that she has neither paid nor promised any perso firm • corporation any discount, rebate, commission or ref nd f • the purpose of securing this advertisement for publi • : do the said spaper. • Sworn to and subscribed before me this 14thday of (SEAL) Sookie Williams personally knowrf% W..•• q, 19 93 • • • fi; ***.9F F /Ft .** OFFICIAL NOTARY SEAL CRISTINA INCMLMO COMMISSION P1O. CCICAtOltl MY COW AAMON EXP. APR. 5,1995 Notice is hereby given that the following ordinances will be considered on Second Reading by the Key Biscayne Village Coun- cil at a meeting to be held on Tuesday, May 25, 1993, at 7:00 p.m., at the Council Chamber, 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: 1. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLOR- IDA; ESTABLISHING A QUALIFYING PERIOD FOR CANDIDATES RUNNING FOR ELECTION; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 2. AN ORDINANCE OF THE VILLAGE OF KEY BISCANYE, FLOR- IDA; PROVIDING THAT THE VILLAGE CLERK SHALL CANVASS ELECTION RETURNS WITH THE ASSISTANCE OF THE DADE COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 3. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLOR- IDA; AUTHORIZING THE INCURRING OF INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $1,000,000; PROVIDINfi FOR THE APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS OF SUCH INDEBTEDNESS BY RESOLUTION ADOPTED BY THE VILLAGE COUNCIL; 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. 4. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE ENACTED PURSUANT TO SECTION 4.03 OF THE VILLAGE CHAR- TER; CREATING THE COMMUNITY DEVELOPMENT DEPARTMENT; ECONOMIC DEVELOPMENT DEPARTMENT; FINANCE AND ADMINISTRATIVE SERVICES; RECREATION DEPARTMENT; POLICE DEPARTMENT; AND PUBLIC WORKS DEPARTMENT; PRO- VIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. Copies of the proposed ordinances may be obtained at Village Hall, Office of the Village Clerk, 85 West McIntyre Street, Key Biscayne, Florida 33149. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meet- ing, that person shall insure that a verbatim record of the proceed- ings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Guido H. Inguanzo, Jr. Village Clerk 5/14 93-4-051403M