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ORDINANCE NO. 95-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,. AMENDING SECTION 30-23 AND ADDING SECTION 30-24 TO THE CODE OF THE VILLAGE OF KEY BISCAYNE;. ESTABLISHING AN ADMINISTRATIVE REVIEW AND APPROVAL PROCESS FOR CERTAIN NON- USE VARIANCES; PROVIDING FOR LIMITATIONS; PROVIDING FOR FINDINGS; PROVIDING FOR AN APPEAL PROCESS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, this Council has determined that certain minor non- use variances of zoning regulations should be reviewed and approved administratively; and WHEREAS, this Council has determined that this procedure is less costly, less time-consuming and more efficient; and WHEREAS, this Council has determined that it is in the best interest of the residents of the Village of Key Biscayne to adopt an administrative procedure for the granting of such variances. NOW, THEREFORE; BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1: That Section 30-23 of the Code of Key Biscayne is. hereby amended to read as follows:1 Sec. 30-23. Granting of Variances. (a) Findings of fact. * * (2) The Zoning Code provides that under certain circumstances, non-use variances may be granted on an administrative basis without the necessity of public hearing or review. Ohl are deletsona totext. "are additions to text, wordo otruck thr ugh (3) The Council is of the opinion that ouch variancco oh uld be hcard by •the C uncil in the oamc manncr as all othcr varianccothd adnn .strative varzanee proced re, as: ox tli ed. an ;he Zoning Code, a s' inapprapraate for- use in t .eVfl age Section 2. That the Code of Key Biscayne is hereby amended by adding a new section which section shall read as follows: con•. matt s asa ng 54.40 APP i72p ppt. S.Ca:C7.ON by en ad rnzst at ,ve deczs tarn n use iarxance requests: mist °eCt axrnprauement exstxng at the: cataoxi as oppose, to pt in aid anvo v� ng :the follow xelus3u ly. sett ack :: slaca lour.area ratoe4t4§4:, B ests fr to s aranoe aa ;may 1 app3^ove{i: an ac ordance wi 23; the gu3delirt forth n tkzzs 'Ordinance an ero ded tkxE �y wa.th tae �611.ow3:nt,� 1�.�3tatrox3s on et e'€: laiti liar un:i`:: det :a nent:a'1<"`>t'a ::the aabl a we'1£ar :. ::.:< :.:<.::::.::::::. ,.::.4Rit...:.,: kit.irnxzex tea u�'saza a'<^:>'yaa'"':� ;'i� ...... .. . ... ..... .. ....... ........... .. ..... ...... .. . af'lanc : _st a l'' b rieade he proerty. ' a€st'<::'>''-'<::f iidinl oallna an :<iP at nz Y a11'b submtttLei toef�.t. recent rnMEMe.. stAgguxes:;:::::::,::on ca:??.Q :: # a3 s:t dtu es_`< ............... . ...... .. ... .............. .............. ............... ...... ........................................ ... .. ...................... ............. and: e:>:le t :x>;`at ii e generals ::<i:1 . . . .. .... ..... .. ... .. ..... .. ...... . .... ... . . . . . . tl :s.s't 'ss y .wratt. n CPAAg zrf: i ut�3 a ilbi'::eThe wnttjn coneat at alt btll and/er eass:etzf> .o: . <„>`;.' ",,,props se cr..,a... ,>e: ,. .:..: s 3 0 o zng:`:and;_Plann far..>the::. 404:7: s" :;'Ve ane pri or . to ma1cni h dec in"spect> '' i the ' 'subj'eet, sur-raunca.zng'' propert}.es:. e?t. inpact i :aiwY f. 33`_abtscs's0a : ou".t_he;:area"::.>:s 'h .e e.:staff to;" ".personally:coiitadt;" tlie' owners::of :.the°':adjacent_;'propert the` prrapzert-y, :or properties : a mriedaatel"y:;'actOss al.l::': a djaaez'at 'streets, far:';::t'hc>:tur ose >: :off. ccolle t"tng add'it l ana.::in£"orieiationrelevant s'releva .to thei'ap ication; xrece:.pt<.€st<ai staffr6 i5 th t ; iflnd o" iug: , .... . r',deny-i a U..6610?: ;sa; "e e " ,ki: be p� lishel ;>? inewspaper"':: of enera Val :age eof:- Key'>., zseayn.e:.` cantainigig"floe'.:iieec sion''a£ 3 u >:ths.. ii € ctor •ia : i. dzng:, :_ oning'>;an d` Fla##.ng` S epaxtment`<y. y be -:mailed ::t_o ad agent;": and';.'':'abuttin' o mgrs€; of:, e:record _;t:he .r::.s tena.nts;: •or:' �t .e.:tt : :: !g rit's, that._:::.: `ara:.; �1u7 a"< ` i©t'$€3:i < :. ii''.::s;:th! appl:icatz zx.:: :.'Pi e`;::fa .iare : to;,:: it saa:ch.; courte.sy;,::not ce e.':si all 'a a£ ec ctzoz s;:sproc e gra3nt ng':any Ni n l'3`5 ' Vanance1'?t11 ':iii: ect the": -Saudis .6*9g xag `a.4, Pl.,. Aepar_ ..,. .. .. may::prescribe.': any''; apProp _ _ da tioiis': and sategua:rds`: be":'. ay feel fine .ssa to protect. and::. further:;"tti : :': t' r .t'.i at:: ' h a ea and abiutting::propert:ies':,:: s . i e ':le z f:.:th... %Director: cf:"the: Building, Z rid. Department: i_s. ll O be`i> re c ;:t oiling:.:taaps°9 'tl?as..'cl. a:' 1a a£:RE:. owner in the area's ma :a.MR . ll_ _1 th'e ° 33a E trr:. ° z :`t7 ., :Still in 4 and e uxicler: ny Zia eslt tCx& i3arector #t the ning # ep tnent sha3 st tictaza autbonzed t uspnd on us e s p�upez y, h m� perm t tht e ructaon to cdntxnue upon such cctnd tto lamitaafona, :: nclu�i na the furnashango pproprxate bond, as: ttxay be deeuted •proper oa.rcutnstances All appeal under shall b mn a orm pxescrxbed bay the age Manager and ahall iaclsde a processing wbivb shall b set and amended from txn me by�he V eSsna�re�<: Section:_ Code: .............. ... of the `MIN "OgOANOWEr--- Steinitfl 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 Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code 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 Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 13TH day of December , 1994'. PASSED AND ADOPTED on second reading this 10TH day of January 1995. JON.F. FESTA, MAYOR ATTEST: GUIDO H. GUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY; RICIMRD JAY WEISS, VILLAGE ATTORNEY 6 MIAMI DAILY BUSINESS 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 Daily Business Review flkia 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 ORD. AMENDING SECTION 30-23 AND ADDING SECTION 30-24 TO THE CODE, ETC. In the XXXXX was published in said newspaper in the issues of Dec 30, 1994 Court, Affiant further says that the said Miami Daily Business 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 affiant further says that she has neither Id nor promised any person, firm or corporation any • -co nt, rebate, commission or refund for the purpose of s u R' g this advertisement for publication In the said er. 30 (SEAL) Sookie William Swam to and subscribed before me this ersonally known to m OFFtCrAL AGNES E. PENA MW mimic STATE OF FLORID COMMISSION NO.00 772I08 ( CO.MMISSION ERP. N. 6,1996 6t�AOE4F KEY BISCAYNE' `' PEBEIC NOTICE Notice is hereby grventhat ihe'following ordinance ill : be oonsid- ered'on-Second Reading by doe. Key Biscagn llage Council at a :- .,meeting1obeJ,eldan Tuesday,,"Januarylo, t995,;at9dl0g rry„ in tha_ .. Council Chainber„,ab85 West McIntyre Street, Second'Hoar, Key Bis- `cayne, Florida: Cr,. AN ORDINANCE OF THE VILLAGE OF KEY BISCAY4IE; FLORIDA; - AMENDLNG--;SECTtON. 30-23 At&t) ADDING SECTIONa30=24 TO Ipre,90 DE OF JfEY B yARINE, ES=•. , ->tABLJSH1NG AN-- ADMINISTRATIVE -':REVIEW At@ -AP-. ' PROVALPROCESS FOR CERTAIN= NON-US£'VABJANCEa-- PROVIDING;'-.FQ1 LIMRATLONS; :'PROWDJNG- f FOR -,,ii: FINDtNGS;PROWDJNG FOR ANAP-PEAL,pIi0Cf3Sr:!'' , :„ VIDING FORT SEVERABI1JTY;--,7',H USYON IN rTJi£.;CODS ` AND AN EFFECTIVE DATE. f- " Interested patties are-:or re mvitedtoa appear and -De beard :Capies.ot4he ia95 rrk, 85 'Mclnfyre Sir btainert ay tilBiscayne Flo 3al4 e°Vit'.. I' 'Should any, person desire tirappear. ant' detlsmn,-tf‘tie,, village Counal with respect to any vna ever tb be. cpnsidemd-at-this='meeting, that person-sft`al insure thata'vedtatim, rce; -'-':4e_prot eedidgs.is"? ' made, mdudmg ah`aesrm,m,y` and evidence neon v*hiclx'•ar'ryappeal may ,c, ci GuidocH. tnguanzo Jr , <-Vdiageclerk _:e.�n ,94-4f23020M ORDINANCE NO. 95-2 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING SECTION 2-1(a) OF THE VILLAGE CODE BY ABOLISHING THE ECONOMIC DEVELOPMENT DEPARTMENT; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance 93-6 various departments were created; and WHEREAS, this Council wants to abolish the Economic Development Department; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. Section 2-1(a) of the Village Code of the Village of Key Biscayne is hereby amended to read as follows:' Sec. 2-1. Creation of Departments (a) Created. The following departments within the Village of Key Biscayne are hereby created: (1) Building, Zoning and Planning Department; (2) Ec nomic Development Department; (3) (2) Finance and Administrative Services Department; (4) (3) Recreation Department; (5)(4) Emergency Services Department; and (6) (5) Public Works Department. 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 1Strucic through tcxt has been deleted from existing language. 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 Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "Ordinance" may be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 10th day of January , 1995. PASSED AND ADOPTED on second reading this 13th day February, 1995. ATTEST: 3 -3;4 - OR JOHN F. FESTA GUIDO H. INGUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI C_- Ws J. EISS, VILLAGE ATTORNEY -2- MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays _ ___ — Miann,-DadeGcunty,-Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a 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 FEBRUARY 13, 1995 RE: AN ORD. AMENDING SECTION 2-1 OF THE VILLAGE CODE, ETC. in the xx xx Court, was published In said newspaper in the issues of Sara 30, 1995 Affiant further says that the said Miami Daily Business 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 matterat 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 per , or corporation any disco rebate, commis '_• or 'fun= for the purpose of secur g this advertise tion in the said news, pe Sworn to (SEAL) scribed before - this ry Octelma V. Ferbeyre personally known to m 5 N AGNES E. PENA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 172108 MY COMMISSION EXP. JAN. 6,1996 (LLAGk` OF KEY 1Bi5CAYNE x -. PSBUC,IOTLCE €;' �ldtce is hereby 9iVe!1 that the fpliowing ordinartce,will be consid• r.1sred on; Severe j3eadiregiathe keystscaynevillage Cqunctt at a irtee�ingvtobe',heldan.iviofiday3 February13..995. at 7'02 P K y B s t.!ECouncikttrambetzat85Yt16$»dtntyfe street, a-? AN ;ORDINANCE�,ov Hfl1LdAGE- OF ICEY BJSCA`YNE FLORIDA; AMENDING SECJTION $f OF THE'VILLAGE t'ObEIO ABOUSHING'TNE ECCNOMJ4`^DEVELOirti 'DEnRT01ENT PROVIDING_tPOR *SEVERABIU1'Y,, " " . >. 'OwsroN4NSRECODE ANDMEFFEC7NE,D#T!C ed xpesiara obtained at drag Hall Oftice of the Vil-: lage Cleo o85)N st Mcln , bnda33149 -�1ag howl da"351f9ers tndCt' *e toeappeal arny Bee Fo.� i until any ppect t any matter tpto be considered at this meet 9. Council son.se ll insu o4+y tfraf..Parsonsltalt.Bskira hataa .i Xbatmv re�rd;d ihe`proa�edia4°*5I ntade=includingaalt ,stimony and evidence upon which any appeal.. maybe based-(F.S 2860105). .. ' • .� �= . rGuido.H )nguania,.Ir Villa9eClerk*• , ORDINANCE NO. 95-3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $7,200,000.00 OF STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID NOTES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village Council (the "Council") of the Village of Key Biscayne, Florida (the "Village") desires to authorize the issuance of not exceeding $7,200,000.00 Stormwater Utility Revenue Bond Anticipation Notes (the "Notes") for the purpose of expanding and improving the Stormwater Utility System within the Village, and paying costs of issuance of the Notes; and WHEREAS, the Council desires that the Notes be secured by a covenant to budget and appropriate from legally available Non -Ad Valorem revenues of the Village, as further specified by subsequent resolution of the Council, and by Bonds of the Village to be issued upon the maturity of the Notes; and WHEREAS, it is the expressed commitment of finance the entire financing cost of the Basins 1 - the proceeds of stormwater utility fees; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: the Council to 8 project from COUNCIL OF THE Section 1. In accordance with the provisions of the Charter of the Village of Key Biscayne, Florida and Chapter 166, Florida Statutes, there are hereby authorized to be issued Stormwater Utility Revenue Bond Anticipation Notes of the Village, in an aggregate principal amount not to exceed $7;200,000.00 for the purpose of expanding and improving the Stormwater Utility System within the Village, and paying costs of issuance of the Notes. The Notes shall be designated "Village of Key Biscayne, Florida Stormwater Utility Revenue Bond Anticipation Notes", or such other designation as may be approved by supplemental resolution, shall be dated such date, shall be in such denominations, shall be stated to mature in such year or years not later than three (3) years from their date of issuance, shall bear interest from their dated date at a rate or rates not exceeding the maximum rate permitted by law at the time of issuance of the Notes, shall be subject to redemption at the option of the Village at such times and prices, and shall have such other details, all as shall hereafter be determined by the Council by supplemental resolution. Section 2. The Village Manager is hereby authorized to negotiate with banks or other financial institutions for the purchase of the Notes and with respect to the terms of the Notes. The Village Attorney, Bond Counsel and the Financial Advisor to the Village are hereby authorized to draft documents and to do all other things necessary to accomplish the issuance and sale of the Notes. Section 3. This Ordinance will become effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 27th day of March, 1995. PASSED AND ADOPTED on second reading this 28th day of March, 1995. OR JOHN F. FESTA ATTEST: GUIDO H. INGUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI *RDJ. W SS, VILLAGE ATTORNEY -2- MIAMI DAILY BUSINESS 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 saysthat she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a 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 PUBLIC NOTICE VILLAGE OF KEY BISCAYE MEETING: MARCH 28, 1995 in the X was published in said newspaper in the issues of Max 17, 1995 Court, Affiant further says that the said Miami Daily Business 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 affiant further says that she has neither paid nor promised any person or corporation any disco rebate,commissi•�•� fund -• r the purpose of secur' g this advertise on in the said new 17 day of (SEAL) Swom to and subscribed before me this March 95 // 7W A.D. 19 a �• VP OS 11 ^`Y Octelma V. Ferbeyre personally known %, m S LZt ��Oe. 4.0F FiL , OFFICIAL. NOTARY SEAL Cii6RYLHMARMER COMMISSION NO. CO91642 MY MAMMON EXP. APR 12,19% VIELAGE`bF KEY BISCAYNE PUBLIC NOTICE Notice fs tterebyyivert that the following old lane will be co ered-. by -the Key Biscayne V71ageCCounml at.a;meeting to be-beld on Tuesday;' arch 28,1995; at 7:OD:p m., in the Council' Chamber, at 85 -: Wes!MctntyreStr€et, Second Floor,- Key Bhxaynne Fordda' AN 'ORDINANCE OF THE VrLLLAGEOF KEYBISCAYNE, FLORIDA "AUTHORIZING "THE ISSUANCE OF' NOT EXCEEDING S _ OF STORMW4TER. UTILITY `REVENUE .BOND ANTICIPAT1O$`NOTES.dFTHE VILLAGE OF KEY BISCAVNE; FLORIDA; PROVIDING FOR SUPPLEMENTAL RESOLUTION SETTING FORTH IrFrDETAILS OF -SAID NOTES;ANDPNOVIDING,FORANE. ,hehiVEDAFESte Interested parties -are invlted toappear and be heard. Cdpies of the proposed ordinance --may be obtained at Village Hail, Otfice of the Vdtage Clerk, 85 West t4tclntyre Street,,,Key Biscayne, Ftorlda 331'49. Should any. pecan desire to appeal any decrsron;of the Village Council with respaet tel any matter to be cgnsideted at this liroenny, that person shall insure that a verbatim record o'f tire' proceedings" iS made nchtdiag -alt testimony and 'dance 'upon "which `any, appeal;_ may be based'(F.S.. 286.0105). Guido HAhguanzo, Jr., CMC ORDINANCE NO. 95-4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE VILLAGE TO IMPOSE FEES FOR SOLID WASTE AND RECYCLING WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the Village has undertaken collection of solid waste and recycling services to residential customers within the Village; and WHEREAS, to defray the cost of such collection services, the Village wishes to impose fees upon residences to which such services are provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL 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 chapter to be entitled "Solid Waste" which shall read as follows: OHA$"I'E i The ;Village Coun rl s hereb authari: ampose fees for the collection of solid and for tY p�ouad g of rec clirtg':ser Such te •Sf. y; be amende time.' t t me b reso tic n iiof the Council Section 2. Severability. The provisions of this Ordinance 1 Shaded tex; has been added to existing language; struck through text has been deleted from existing language. 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 Village Council and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code 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 4. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 14th March 1995. day of PASSED AND ADOPTED on second reading this 11th day of April , 1995. ATTEST GU OID H. IN ANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 1101 F. FESTA, FESTA, MAYOR RIC1I'ARD JAY WEISS, VILLAGE ATTORNEY 2 MIAMI DAILY BUSINESS 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 Supervisor, Legal Notices of the Miami Daily Business Review f/k/a 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 4/11/95 ORD. AUTHORIZING 'PRP VILLAGE TO IMPOSE FEES FOR SOLID WASTE & RECYCLING, ETC. in the 7.`X'X'XXXX Court, was published in said newspaper in the issues of Mar 31, 1995 Affiant further says that the said Miami Daily Business 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 affiant further says that she has neither paid nor promised any person, firm or corporation any disc • - •, rebate, commi . - un • for the purpose of secu • g this adverti ion in the said news•. per Sworn to and subscribed before me this S March 95 ay of , A.D.19 i 9 (SEAL) Octelma V. fe alliknown to lne. Sry Ys ("from. 2H ARY SEAL SIERYL HMANXIER COMT4tS`.,i' ON NO. CC191Lfi E<IY COMM55ION EXP. APR 12,199$ s VILL"A'GEOF7[E9`B1scavNE 4 .. PUBLIC NOTICE +Nofo is hereby given that`the foflowing,ordmancewl9 be consid .�,,ered<by the Key Biscayne Village Council at a meeting to be held on 1: °7uesday, Apnt.11,-1995, at7:00 p me in dhe toundi Chambdr, at 85 WestiMdntyre Street Second Etoor '$eyBisca"vne Florida: AN ORIY? ANCE OF THE�VILLA.GF OF KEY BISCAYNE, a FLORIDA AUTHORIZING THE VILLAGETOIMPOSE FEES :. FOR SQL "WASTE AND RECYCLING WITHIN 'THE VILLAGE; PIROVIDING FOR SEVERAThUTY,' INCLUSION IN ' r THECO1 A$D A,P`k EFFECTVEDATE. ' Interested partiesare-invited to appear an&be\heard. Copies. of the proposed ordinar oe maybe obtained atVilFaga Rol; OHlce of thelht- ageClerk 85 West MCfntyre Street Key -Biscayne Fiodda,32149. Should any -" person desire to. appeal arty decision of the Vitlage ounciwtih respect to any rhader m be conpidered at this meeting, k that person shall insure'�22, verbatim, repord of the proceedings -is' made mcludng all testimony evide ice upon which any appeal may be based (F.S.. 286.D105). , Guido H, Inguanzo Jr., CHIC }g: Village Clerk h'3/3I _ __ 95-4-033113M; ORDINANCE NO. 95-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 33 OF THE CODE OF METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO THE VILLAGE PURSUANT TO ARTICLE 8 OF THE VILLAGE CHARTER; DELETING SECTION 33-310 ENTITLED "ZONING APPEALS BOARD -NOTICE AND HEARING PREREQUISITE TO ACTION BY THE BOARD"; AMENDING THE CODE OF THE VILLAGE OF KEY BISCAYNE TO PROVIDE PUBLIC NOTICE PREREQUISITES TO ACTION ON ZONING APPLICATIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, pursuant to Article 8 of the Charter of the Village of Key Biscayne certain ordinances of Metropolitan Dade County are made applicable to the Village as municipal ordinances, including Chapter 33 of the Dade County Code (the "Zoning Code"); and WHEREAS, a portion of the Zoning Code provides procedures for public hearing and notice of hearing prerequisite to action on zoning applications; and WHEREAS, Council desires to amend the procedure provided under the Zoning Code in a manner which would be more streamlined and appropriate for the Village; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS1: Section 1. That Section 33-310 of the Code of Metropolitan Dade County as made applicable to the Village is hereby repealed in its entirety. Section 2. That the Code of the Village of Key Biscayne, Bhad�ed tex has been added to existing language; struck through text `has been deleted from existing language. Florida is hereby amended by adding a section to be numbered 30-24 which section shall read as follows: 4 Public >: hear:. hear .. 3 true. Village developed become a par and open Lor pub:: p.:_ :.c appl shall b€ circul at pr=€ (d7 substantlai.:ly the; s in tyre published no: property owners ,of radius of 300 fe in the appl eatlo or the ViU.age Manager m ho over, teat failure" courtesy notice shall proceedings. taken'unde.. ce o ariflg day Dn and str published in n the i then tub: recomn earing; sgecti Ti prescr"iped -3;14 of the s:filed, It hearing thetrme acid place;; ribng the:' nature let address of thelps a newspaper e c lage not less. tla is hearinc later manne app appl ping Section 3. are declared than, ten i r eonspicuou. containing' anion includ.: r zoning .he „public;:: to be severable and o b 1 sf" the operty eneral en th ay be mailed to th d located t-rxthir the property gescr uch greater distance; y; prescribe, rovrd o marl ar recrve s7 i�et of feat any action r his sections. :y shall be p for to the hear :he publi. c, by a rp anion : concer p but not limited' t o and the t red Severability. a e nd rcant........ .............. .. .............. ........ ......... ......"...... . ... ............ ........ The provisions of this Ordinance if any section, sentence, clause 2 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 Village Council and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code 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 Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this March , 1995. 14th day of PASSED AND ADOPTED on second reading this llthz day of April , 1995. F. FESTA, MAYOR ATTEST: GUIDO H. NGUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI RD JAY SEISS, VILLAGE ATTORNEY 3 MIAMI DAILY BUSINESS 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 Supervisor, Legal Notices of the Miami Daily Business Review f/Wa 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 4/11/95 ORD. AMENDING CHAPTER 33 in the X'` Y'xX Court, was published in said newspaper in the issues of Mar 31, 1995 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaperhas 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 affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commit'" nd for the purpose `of secu • g this ativerti - t or pu lication in the said news 31 ..5.:..day of (SEAL) Octelma V.te Sworn to and subscribed before me this March 95 A.D. 19 a dideci dffereni • • i naailg known tome. ORf1'AL'N*3TARY 52M. C.alt-pyt61 MANNER COk!M-0419'i NO. CC191642 1A%TCaNI M'o9Nt''"K 21?. AFR. 12,1596 LLAGE:OFKEY BISCp`YNE - PUBLIC: NOTICE =~i"-Notice is hereby given that the following ordinance will be 'consid- ered by the Key Biscayne Village Council at a meeting to be held on I Tuesday, April 11, 1995, at 7:081p.m., in the Council -Chamber, at 85 West Mclntyre Street, Second Roor, KeyBiscajme Florida: m ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,, -FLORIDA;' AMENDING CHAPTER 33 QF THE -..CODE OF ps' 'METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO THE VILLAGE PURSUANT:TO' ARTICLE -8 OF THE PILLAGE' CHARTER; DELETING; SECTION'- 33-310 ENTITLED ZONING APPEALS BOARD --NOTICE -SAND; HEARING PREREQUISITE -TO -ACTION BY THE BOARD",, `AMENDING THE GCSE' -0F• THE VILLAGE 'Or 'KEY ' BISCAYNE TO PROVIDE - PUBLIC NOTICE PREREQUIStt£S `TO ACTION -s. ON ZONING :APPLICATIONS; }APPLICATIONS; ' PROVIDING FOR = SEVERABILITY, INCLOS40N IN THE CODE ANDAN EFFECTIVEDATE. Interested parties are invited to appear encVbe heard. Ctipies ofthe. Ih,proposed ordinance may be-obteined'at Village Hall, Officeofthe'VH- l;lage_Cledc, 85 West McIntyre Street, I4eySiscayne; Florida 33149. Should any person desire to appeal any decision of the Village; ,Council with respect to any matter to be considered at thiss meeting, '"that person.shail insure that &verbatim record, of the proceedings is made inoluding- - II testrnony and evidence upon Which any appeal, tnaybe based (F S. 286.0105).:: Guido H. tnguanzo, Jr., CMC Village Clerk 95-4-033114M 13/31.,,...— ALTERNATE ORDINANCE NO. 95-6 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING A PROCEDURE BY WHICH THE COUNCIL BY RESOLUTION MAY NAME OR RENAME VILLAGE STREETS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, the Village has jurisdictional responsibility with respect to all Village roads, streets, and public ways; and WHEREAS, Council wants to create an orderly and_ public procedure for naming or renaming Village streets, roads, and public ways. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:' Section 1. That the Code of the Village is hereby amended by adding a chapter to be entitled "Naming of Streets, Roads, Or Public Ways" which shall read as follows: yChAp : .::.,.._ 1/ Si ad .,,. has been added to existing language, otruck thr ugh text has been deleted from existing language. .. reeex er ord on the acted street, ria' ce to ea copy £ ,axe x etoiut, )e provided to the i ad :County lima: �egaxtxnexzt a the <pu pose c xaet3iy .ited States postal aruace, of tie d zarxge , in pot States Pos a3. Se `v Hama:;: change or ea vlatio within the Vi lade and shat is taxatialy e cklsx�zn c t, thibIttAilotweAw Counc 1. o t fiar-i a, has:; et nay: --oe e hereby g van tha', ialag iutIonchas5g. ;n 444 00 tyx e, designgnatan ,, a ].. Thss name:'; c3�an de at ssx I is effective ixnxaed .atel and hi !e , 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, tt being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. EFFECTIVE DATE. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this llth day of April 1995. PASSED AND ADOPTED on second reading this 9th day of May , 1995. SOHIAN F. FESTA, MAYOR ATTEST Guido H. Iiguanzo, Jr., CMC, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY 11 Ric and Ja Weiss Villa ge age Attorney MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miarn4Dade 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 Supervisor, Legal Notices of the Miami Dally Business Review flkla 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 PUBLIC NOTICE MEETING 5/9/95 in the x.IENKKld3C Court, was published in said newspaper in the issues of Apr 28, 1995 Affiant further says that the said Miami Daily Business 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 .adv rtisement; and affiant further says that she has neither paid nor promised any person firm or corporation any discou rebate, commissim - retu • for the purpose of secur' g this advertisemy' f• publiation in the said r. rsonally known to me. G CTARY PUBLIC STA1t OF FLORIDA COW/IMAM NO. CC t723C'S MY CON/MISSION EX?. JAN. 6,19"96 VIL'LAGE=OE j(EY B15G%IYi�E ` PI/BLiC;HOTICE, § Nonce rs hereby given ,bathe tdbMng drdnlance wld ¢e-tEf ered an. Spcond.Readmg by i'te Key Biscayne Vt>laae Council= erecting 1G be hetr,ld4on T'uesd'ay, May9 1995; at'70G nr;rw CounbihChamber a -T- -', dntyreSYrfltSecon 'Flom, (e.' oayne, €lorxia• ` s AN ORDINANCE OFF THE VIL•AGE` OF XET'M1SCAYIJE FLORIDA PRO'VIDING,A' PROCEDURE. IBY WE ICH THE COUNCIL ay •RESOLUTION- MAY -:.NAME DR tiENM4E'r: VILLAGE, STREETS 'PAOVIDIN`G FOR..'SEVERS. INNCCUS1ON1N THE5CODE ANDAI+YEFFECTIVE DATE 1nt ste'd,pemes ,e wiled toappear,and beeatoifiol proposed ordnancemay be obtaipedatValage K tt Ofheeoi;fhe Ylt-.j iage'.CIeri SS�Vvesiiiii. ';e Street Key Biscayne Ff'orlda'33'149, Should any person tfeslreto appeal ant decis,on of the rage Cebndll vntb respect tb arty- matter to be considered OF tlus heebng,,;T. 'that poison shall insure tha"i a;verbatan .ccvrsl of the proceedings iss' t3iade-including an/teel rmny and'ewdence'upa -nay'-lrebased (FiS 2BSA'f05) '' .: /Page C ORDINANCE NO. 95-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING SECTION 7-107 OF THE CODE OF KEY BISCAYNE PROVIDING EXEMPTION FOR FEDERAL AGENCIES FROM THE REGULATIONS REGARDING FILMING IN THE VILLAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, this Council wants to amend the provisions of Chapter 7 in a manner which would allow agencies or instrumentalities of the United States government to film in the Village without applying for and obtaining a Permit from the Village or being subject to the regulations of Chapter 7. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE _ OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That Section 7-107 of the Code of the Village of Key Biscayne is hereby amended to read as follows:1 Sec. 7-107. Exemptions. rn 1izdanc . ffl but 9P VIMPINiiiiaMKOMF matd txx :a. naxr€ 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 staftimeiti has been added, otruck through tcxt has been deleted from existing language. June of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shallstand notwithstanding the .invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code .of Key Biscayne, Florida; 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 4. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND. ADOPTED on first reading,this 9th day of 1995. May PASSED AND ADOPTED on second , 1995. reading this 13th day of a ace F'. FESTA; MAYOR GUIDO H. It UANZO, JR.., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: D JAY WEISS, VILLAGE ATTORNEY Sea MIAMI DAILY BUSINESS 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 Daily Business Review II1da 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 •PUBLIC NOTICE ORDINANCE AMENDING SECTION 7-107 In the xxxxx was published In said newspaper in the issues of Jai 2, 1995 Court, Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretoforebeen 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 precedfn e firstpublfeatlon of the attached":" copy of advertisement; and affiant further says that she has neither - Id nor promised any person, firm or corporation any di co t, rebate, commission or refund for the purpose of se ud;? this advertisement for publication in the said news 4,2s.„ Swom to and subscrl 2 June rear of ;,,,.,, a°` PUR�°° (SEAL) " .. Bookie Williams 'pars O' C4' before me this 95 A D. 19 YIL�.taE`OF"�CEY ISC%IYNE PURLIC NOTICE Notice is hereby given that the following ordmance wilt be consid- _ere'd'on SecondaReading ty.`lie Key Biscayne Vivage Councit at a °meeting td berebyc hel° n Tuesday June streo _5,`at'7:00 psn., in the Couaeii Chamber, aFS5 ues.Jvicfntyre Street, Second Floor, Keyfss cayne Florida: - - AN ORi3)NANCE-OF THE VILLAGE=OF KEl-BFSCAYNE,` „ ;. FEORlDA; AMENDING ECTION"7�{ 7 qF THE COVE OF B1SCAYNE PROVIDING EXEMRTtON f-Oii FEDERAL AG -FROM d.THE REGULATIONS REGARDING - FILMING -Fite , VILLAGE;.- PROVIDING `FOR' SEVER= ASILITY,c1NCLUSION€IN THE COVE- AND AN EFFECTW9 DJFFE. _ t , 1nterested'pa esare rnvrted to appearand be heard. Copies of the oposedo nancemrayfie btained atYdlage Hall, Office oFhe.WF c. tape Clerk, 85V.Yest MY rit+vre-5treet, Key"Siiscayrre, Florida 3a149- T .. Should any person desuel:L appeal arty decrsron of Cod:: age. GounaC wigs respect fa. apy epa(ter fo be consigered a ns l ing,, cihat persoashal1 insurethat a verbatim record, of the preee s is -. made including all testimony and evidence upon which any appeal f` may be based(F_5.28&OIOS). , _ Guido R.-inguanzo, Jr., CMC Village Clerk 95-4-0S02f1M `' ORDINANCE NO. 95-8 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING AMENDMENTS TO THE VILLAGE OF KEY BISCAYNE MASTER PLAN PURSUANT TO THE PROVISIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS; AUTHORIZING TRANSMITTAL AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 16, 1994, the Village of Key Biscayne adopted the Village of Key Biscayne Master Plan (the "Master Plan") pursuant to the provisions of Chapter 380, Florida Statutes; and WHEREAS, on October 6, 1994; the State of Florida, Department of Community Affairs ("DCA") issued a Notice of Intent To Find The Master Plan Not In Compliance based upon specific objections and findings; and WHEREAS, the Village and DCA have entered into a Stipulated Settlement Agreement in order to resolve DCA's objections to the Master Plan and pursuant to that Stipulated Settlement Agreement, the Village wishes to adopt amendments to its Master Plan as shown on Exhibit "A" to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The amendments as shown on Exhibit "A" are hereby adopted. Section 2. .The Village Clerk is hereby directed to make appropriate transmittals as required by law. Section 3. Effective Date. This Ordinance shall be effective in accordance with applicable provisions of State law. PASSED AND ADOPTED this 12th day of September, 1995. A JOHN' . FESTA, MAYOR IDO H. TlGUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: GE ATTORNEY Exhibit A is on file in the Office of the Village Clerk Specific Villages iietrueen tli airs. .a affecting t Resort Ho'` PUBLISHED DAILY MIAMI-DADE-FLORIDA :STATE OF FLORIDA COUNTY OF DADE The Miami HeraldPublis! Before the undersigned authority personally appeared: OLGA L. ARCIA who on oath says that he/she is: CUSTODIAN OF RECORDS of The_Miami Herald, a daily news- paper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said. newspaper in the issues of: Monday, September 4, 1995. Page 5B The Miami Herald Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered assecond 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 at- tached copy of advertisement; and affiant further says that he has neither paid nor promised any per- son, firm or•corporation any dis- count, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s). Sworn tp`1 and sub ribed before me this /11/ day of A.D. 199 VIRGINLA j GALLaN NOTARY PLIZL.UC STATE OF FLORIDA COMMISSION NO. I CC32?c t2 E • .t:.4d ION XP. C°CT. i7 1997. inia J. Gallon Notary One Herald Plaza, Miami, Florida el V'NttL STEAL EVERY LIME thECE OF THREAD I TOE P tA4Ttt THE Wdo4E'WotiP'tS,ttAKED•: INN EACH B OIR I RA fc SoNING THE, o ASMOSPNERE '&TH CARBON fo l9E—" a AND NO NE SiSPEC7s Alak,tt4G' lk(fl£AUTOEIi WI'' A ?AP is'AVE ASANIMS( %61111111014RRTIM CRI14I?4AL Y INUE DENNIS THE'ft9ENACEnS u nn ��311i5 HIs sirerY N&t tiliA HE$ Si EPIN6 IN R HET iNId6HESSAF!FROMWASNINiWiMOO 4 TAKIN6OLYf T'PA% OR Rutistme ERRvNDS..M 1tflJ t3tE$flERS=t NVe11 w cantj�tsfsay.thattice :.emoved a"F g growth. "tt s got#ab dramatic thesize afavolleyball gsoccer`trell:or.baskettrell." -7r 1 ORDINANCE NO. 95-9 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 25 OF THE CODE OF KEY BISCAYNE TO PROVIDE FOR INCREASES IN OCCUPATIONAL LICENSE TAXES FOR FINANCIAL INSTITUTIONS AND VENDING MACHINES; AMENDING THE DEFINITION OF BUSINESS TO EXCLUDE NON- PROFIT SERVICE CLUBS AND ORGANIZATIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the Village Council created an Equity Study Commission (the "Commission") to review, reclassify and revise the - Village's occupational license rates and classifications all in accordance with Chapter 205 of the Florida Statutes; and WHEREAS, the Commission has reviewed the Village's occupational license rates and classifications; and WHEREAS,. the Village Council has determined that it is in the best interest of the Village to adopt the recommendations of the Commission as provided for in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That Section 25-21 of the Code of the Village of Key Biscayne is amended to read as follows:1 Sec. 25-21. Definitions. Business means and includes all vocations, occupations, professions, enterprises, establishments, and all activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of whichareconducted for private profit or 1/ _ << has been added, otruck thr ugh tcxt has been deleted from existing language. benefit, either directly or indirectly, on any Premises in the Village; "Business" does not include the customary activities of religious, charitable, 1.0g t r e �',..,a.izt.S:z::., E i '::ji?y62 : e �s � e� : an:�:�a:�:�rans::: or educational nonprofit institutions as those terms are defined in F.S. ch. 205. Section 2. Section 25-31 of the Code of the Village of Key Biscayne is amended to read as follows: Sec. 25-31. Occupational License Tax schedule. Financial 'institutions, which shall include banks, bankers, trust companies, savings companies, building and loan associations, and savings and loan associations and .other financial institutions which are regulated by State or federal law 93 75100010, Vending machines: (1) Merchandise- or service vending machines, per machine 13 752S ienW 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 theinvalidity of any part. Section 4. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Key Biscayne, Florida; 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. PASSED AND ADOPTED on first reading this 12th day of September , 1995. PASSED AND ADOPTED on second reading this 26th day of September ATTE S— tJIDO H. I , 1995. JO F. FESTA, MAYOR t/ ` UANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: remote- C WEI RI SS, VILLAGE ATTORNEY MIAMI DAILY BUSINESS 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 Supervisor, Legal Notices of the Miami Daily Business Review f/kla 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 SEPT, 26, 1995 RE: ORDINANCE AMENDING CHAPTER 25, ETC. in the "CXXXIC. was published in said newspaper in the issues of Sep 15, 1995 Court, Affiant further says that the said Miami Daily Business 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 affiant further says that she has neither paid nor promised any person, firm or corporation any discoun ebate, commissio, • re d for the purpose of securi, • this advertisem:; publi ation in the said new (SEAL) Octelma V. F Sworn to and subscri S ore me this VILLAGE OF KEY BISCAYHE PUBLIC NOTICE Nonce is hereby given That the following ordinance will :Fuel Second Readie I by the K-ey=Biscayne Village. Coupcil-at a -; kie eeting to be held on Tuesday, September 26, 1995, at 7..00;p.m., In the Council' Chamber, at 55 West.Mctntyre Street, Second Floor,.. -Key Biscayne, Flpnda: (' AN ORO[NANCE OF THE VILLAGE , OF KEY BISCAYNE, FLORIDA, AMENDING CHAQT€R 25 OFT . CODEAOF CEX BISCAYNE NAT )(OE 7NOCCUPATIONAL LICENSE TAXES FOA F tIANGIAL fh[STITUT1ONS.AND ;VEPYD- -. IING MACHINES, AMENDIWG,TEE DEFINrnOItOF BUSINESS TO EXCLUDE NON-PROFIT SERVECE CLUBS„AND' ORGANI- ZATIONS; PROVIDING, FOR SEVERAB,LrrY, INCLUSIORC IN ` THE CODEAND`AN EFFECTEVEPAGE. '-- �, Interestedearties are invted-to appear and be heard C'opres;ofth- '.proposed ordinance maybe obtained at Vitlago Hall, Office of they--Vil- tageClerk,,85 WestMclntyreStreet, ICey. Biscayne Florio 33149. SRou[d any person desire to• appea€ any decision of the. Vi)lage "Council withrespect'to,any matter to be considered at this, meeting, ;that person shall insure that a verbatidn retard of )he proceedings is N Tade including all tesnmony and evidence upon which anyappeai nay be based (F.S.286 0705): ' H. Inguanzo, Jr CMC wageClerk - 95-4=0O95G6M 9/15 OFFF : t TOT NOTFRT 3iJ jC "TATL OF FLORIDA COMMISSION NO. CC 172108' MY COMMISSION t'"XP..AN. 6,I996 personally known to me. ORDINANCE NO. 95-10 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1996 IN THE AMOUNT OF $15,226,322.00 PURSUANT TO FLORIDA STATUTE 200.065 (PRIM BILL); SETTING A DATE FOR FINAL PUBLIC HEARING 10 ADOPT THE BUDGET; PROVIDING FOR AN EFFECTIVE DA1h. WHEREAS, the Village Manager presented to the Village Council a "Tentative General Fund Operating Budget" for the fiscal year'couuuencing October 1, 1995 and the Village Council scheduled the public hearing required by Section 200.065 of the Florida Statutes to be held on September 14, 1995 at 7:00 p.m.; and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 14, 1995, at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida, as required by Chapter 200 of the Florida Statutes; and WHEREAS, said public hearing, as required by Section 200.065 (2) (c), was held by the Village Council on September 14, 1995 couunencing at 7:00 p.m. as previously noticed and the public and all interested parties having had an opportunity to address their `comments to the Village Council, and the Village Council 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 ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA: Section 1. That the tentative operating budget as presented by the Village Manager and amended by the Village Council be and is hereby tentatively adopted, subject to final adoption and amendments 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, 1995 through September 30, 1996 be and is hereby set for Thursday, September 28, 1995, 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida. Section 3. That the Village Clerk be and is hereby directed to advertise said public hearing as required by law. PASSRn AND ADOPTED on the first reading this 14th day of September , 1995. PASSFf AND ADOPTED on the second reading this 28th day of September , 1995. 9 R JOHN F. FESTA GUIDO INGUANZO, JR., CMC, VILLAGE CLERK APPRO D AS TO FORM AND TPGAL SUFFICIENCY: RI '1 D J. ZISS, VILLAGE ATTORNEY -2- PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY of DADE TheMiami Herald PublishingCompany Before the undersigned authority personally appeared: OLGA L. ARCIA who on oath says that he/she is: CUSTODIAN OF RECORDS of The Miami Herald, a daily news- paper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said.newspaper in the issues of: Neighbors Zone 3 Edition, September 24, 1995 Affiant further says that the saic The Miami Herald is a newspaper 'published at Miami, in the said ,-Dade County, Florida and that the said newspaper has heretofore bee: continuously published in said Dac County, .Florida each day and has been entered as second class mail matter at the post office in Miami ;in said Dade County, Florida, for period of one year next preceding the first publication of the at- tached copy of advertisement; and laffiant further says that he has neither,paid nor promised any per- son, firm ar corporation any dis- count, rebate, commission ar refur for the purpose of securing this advertisement for publication in the said newspaper(s). 44_ Sworn to ,nd subscribed before me this vday of My Commission expires: A. n oilier 6i, Village of Key Biscayne NOTICE OF BUDGET HEARING The Village of Key Biscayne has tentatively adopted a budget for Fiscal Year 1995-1996. A Public Hearing to make a FINAL DECISION on the budget AND TAXES will be held on Thursday, September 28, 1995, at 7:00 P.M., at Village Hall, Council Chamber, 85 West McIntyre Stieet, Second Floor, Key Biscayne, Florida. Guido IL Inguanzo, Jr., CMC Village Clerk VIRGLILIA 1 G '...-.__._ NOTARY PUBLIC STATE OF FLORIDA COMM-5510:•I NJO. CC323842 MY COMMi%1ON EX? OCr.17199! Virginia J. Gallon Notary ORDINANCE NO. 95- AN ORDINANCE OF THE VILLAGE OF KEY-BISCAYNE, FLORIDA, AMENDING SECTIONS 28-7(1) AND 28-7(2) OF THE CODE OF KEY BISCAYNE TO CORRECT SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, this Council has determined that certain minor amendments are required to correct scrivener's errors in Sections 28-7(1) and 28-7(2) of the Code of the Village of Key Biscayne, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1: That Section 28-7(1) of the Code of Key Biscayne is hereby amended to read as follows:1 (1) . . • Landscaping and visibility See section 28-9(6) sight triangle on corner lot Section 2. That 'Section 28-7(2) of the Code of Key Biscayne is hereby amended to read as follows: (2) • Supplemental provisions: See section 28-9i(4g) for gas station provisions Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause Ha ligi z> 3 r x AA are additions to text, w rds struck thr ugh are del"et ons totext or phrase of this Ordinance shall for .any invalid or unconstitutional, such decision validity of the remaining sections, sentences reason be held to be shall not affect the , 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 Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code 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 Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 12th day of September, 1995. PASSED AND ADOPTED on second reading this 10th day of October, 1995. F. FESTA, MAYOR A TEST - _./GUIDO'H.JINGUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHA D JAY WEISS, VILLAGE ATTORNEY IAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA BOUNTY OF DADE: Before the undersigned authority personally appeared 3ookie Williams,. who on oath says that she is the Vice 'resident of Legal Advertising of the Miami Daily Business aeview ifkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miaml in Dade ;cony, Florida; that the attached copy of advertisement, :sing a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING 10/10/95 ORD. AMENDING SECTIONS 28-7(1) AND 28-7 (2), ETC. n the XXXXXXX Coun, Mac published In said newspaper in the issues of Sep 29, 1995 Af 'ant further says that the said Miami Daily Business levlew is a newspaper published at Miami In said Dade :ounty, Florida, and that the said newspaper has heretofore %aeon continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and ' as been entered as second class mall matter at the post iffice in Miami in said Dade County, Florida, for a period of One year next preceding the first publication of the attached opy of advertisement and afflant further says that she has ,eihe 4 Id nor promised any person, firm or corporation ny d nt, rebate, commission or refundfor the purpose 0 s this advertisement for publication in the said t aws 29 day SEAL) 3ookie Williams p Swam to and subscribed. before me this September-- 95 r > ally known to me. VILLAGE OF KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinances will be consid- ered on SecondReading by the Key Biscayne Village Council at a meeting to be held on Tuesday, October 10, 1995, at 7:00 p.m., in the Council. Chamber, at 85 West McIntyre Street, Second Floor, Key Bis- cayne, Roddy AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTIONS 28-7(1) ANO 28-7 (2) OF THE CODE OF. KEY BISCAYNE TO CORRECT, SCRI- VENER'S ERRORS; PROVIDING FOR.: SEVERABRITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY 'BISCAYNE, FLORIDA, AMENDING SECTIONS 241(b) AND 2:41(e) OF THE CODE OF THE VILLAGE OF KEY BISCAYNE FOR. THE PURPOSE. OF CLARIFICATION. OF THE TERM "NOTICE" USED RESPECTIVELY THEREIN; PROVIDING FOR SEVERABIUTY, INCLUSIONIN THE `CODE -AND AN EFFECTIVE DATE. - Interested parties are inQited to appear and be heard. Copies of the proposed ordinance may be obtained at Village .Hall, Office of the Vil- lage Clerk, 85 West Mclntyre Street, Key Biscayne, Florida 33149. Should any person desire to appeal any decision. of: the Village , Council with respect to any matter to be consideredat this meeffng, that person shall insure that a verbatim record of the proceedings is. made including ag testimony and evidence upon whichany appeal. may be based (F.S: 286.0105). - Guido H. fnguanzo, Jr., CMC 9/29 FF?C C\'i S E. F EY SyS;, v ".AG�r�S. PE A. NOTARY PUBLIC STATE CP F,_O:IDA) CON:14155 0N NO. CC 172208 I MY COMMISSION EXP. JAN 6,19% 1 ORDINANCE NO. 95-12 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTIONS 2-41(b) AND 2-41(e) OF THE CODE OF THE VILLAGE OF KEY BISCAYNE FOR THE PURPOSE OF CLARIFICATION OF THE. TERM "NOTICE" USED RESPECTIVELY THEREIN; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, this Council has determined that certain amendments to Sections 2-41(b) and 2-41(e) are necessary for clarification of the term "Notice" used respectively therein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1: That Section 2-41(b) of the Code of Key Biscayne is hereby amended to read as follows:' (b) The Village Manager shall send a Notice of hearing by first class mail to the'named Violator at his last known address. The N otice of hearing shall include but not be limited to the following: . . Section 2. That Section 2-41(e) of the Code of Key Biscayne is hereby amended to read as follows: (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. 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 1.0.4.6450aMsre additions to text, words struck through are deletions to text. 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 Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code 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 Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 12th day of September, 1995. PASSED AND ADOPTED on second reading this iOth day of October, 1995. JO F N F/. FESTA; MAYOR %GU£DO INGUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICR D JAY EISS, VILLAGE ATTORNEY 2 MIAMI DAILY BUSINESS 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 Daily Business Review flklaMiami 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 10/10/95 ORD. AN -ENDING SECTIONS 28-7(1) AND 28-7 (2), ETC, In the was published in said newspaper in the issues of Sep 29, 1995 XXXXXXX Court, Alfiant further says that the said Miami Daily Business .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 afflant further says that she has neithe id nor promised any person, firm or corporation any d nt, rebate, commission or refundfor the purpose of s- g this advertisement for publication in the said news er. 29. da (SEAL) Sookie Williams pe Sworn to and subscribed.pefore me this September --N- 95 ally known to me. LAGE'OF KEY BISCAYNE` PUBLIC NOTICE r ° Notice is hereby given that the following ordinances will be consid- i;ered on Second. Reading' by the Key-Bscayne VilageCouncil at al ,meeting to be held on Tuesday, October 10,1995, at 7:00 p.m., in the %,Council Chamber, at 85 West McIntyre Street, Second Foot, Key Bis- AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,. AMENDINGSECTIONS 28-7Llr AND 28-7 (2) OF THE CODE, OF KEY.-.BISCAYNE TO CORRECT -SORE VIEWERSERRORS; PROVIDING' FOR SEVERABIU C INCLUSIONIN THE CODE AND AN: EFFECTIVE DATE; `-- ORDINANCE OF; THE VILLAGE -'OF KEY BISCAYNE, I FLORIDA, AMENDING SECTIONS 2-41(13) AND 2-41(e) OF THE -CODE OF THE VILLAGE OF KEY BISCAYNE-ROB " THE PURPOSE OFCLARIFICATIONOF THE TERM "NOTICE": USED RESPECTIVELY THEREIN; PROVIDING FOR SEVERABILITY, INCLUSION`IN THE CODEAND AN Interested parties are rnvited to appear and be heard. Copies of the I Proposed ordinance may be obtained at Village Hall,Officeof the Vil- " lege Clerk, 85 West McIntyre Street, Key Biscayne, Florida 33t49: I � -Should any person desire to appeal any decision of tfie Mirage Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is " made including all testimony and evidence upon which -zany appeal :maybe based (F_S. 2860105). ' 9/29 CIA L NOTARY S€AL ACNE, E. PENA. NOTARY PUBLIC SATE OF FLORIDA COMMISSION NO. CC 172118 MY COMMISSION ENT. JAN. 6,19966 Guido H. Inguanzo,Jr, CIVIC Vilage Clerk _ t. ,_ _� 95-4-092906M ORDINANCE NO. 95-13 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA RELATING TO CONSTRUCTION NOISE; AMENDING SECTION 17-3(f) OF THE CODE OF KEY BISCAYNE REGARDING THE HOURS PROHIBITING LOUD OR EXCESSIVE NOISE IN CONNECTION WITH THE CONDUCTING OF CONSTRUCTION; AMENDING SECTION 17-7 REGARDING PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, on June 6, 1995, this Council established the Construction Noise Ordinance Committee to study the issue of construction noise in the Village; and WHEREAS, the Committee held three public meetings and issued a Final Report dated June, 19'95 setting forth the Committee's recommended amendments to the Code of the Village of Key Biscayne regarding construction noise; and WHEREAS, based upon the Committee's recommendations in the Final Report, this Council desires to amend the provisions of (a) Section 17-3(f) of the Code relative to loud or excessive noise in connection with the conducting of construction and (b) Section 17-7 of the Code relative to penalties for violations of the provisions of Section 17-3(f) of the Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That Section 17-2 of the Code of the Village of Key Biscayne is hereby amended to read as follows:1 1 00410A00 has been added; struck through tcxt has been deleted from existing language. Sec. 17-2. Definitions. The following Words, terms and phrases when used in this chapter shall have the meaning ascribed to them in this section, except where the context cllearly indicates a different meaning: Alarm. Any fire, burglary, motor vehicle, motorboat or civil defense alarm, whistle or similar stationary emergency signaling device. Construction. Any site erection, substantial demolition or similar private rights -of -way, or similar property. preparation, assembly, repair, alteration, action, or public or structures, utilities Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention. Holidays. In addition to Sundays, those days declared by the:laws of the State to be legal holidays, including New Year's Day, Presidents' Day; Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and Christmas Day. Motor Vehicle. A two or more wheel vehicle, or machine, propelled or drawn by mechanical power, gas or diesel, and used on the public roads and highways in the transportation of people or property. Motorboat. Any vessel which is propelled powered by machinery and which is used capable of being used as a means of transportation on water. or or Section 2. That Section 17-.3(f) of the Code of the Village of Key Biscayne is hereby amended to read as follows: (f) Construction.. The creation of a loudor excessive noise in connection with the conducting of Construction between the hours of V7i:80 p.m. 'and 7:00 a.m. on weekdays, 44:40 p m and 8:00 a.m. on weckendsSflurda: rs AiWaitNffikaiiRgthOt and Holidays except for ' Emergency work t p' wi"thatnnd t 2 3 e reps ntatrve s1 Department ;:prior. Emergency work paxz performed tizthori 1 ">Ee o c Section 3. That Section 17-7 of the Code of the Village of Key Biscayne is hereby amended to read as follows: Sec. 17-7. Penalties.. } +n :r zl.],y ; A Willage police officer who finds a violation of this chapter, :x ludt'hg vi€xletiens of . edta.pn 17 3 l .s .,; hall issue, a citation to the violator requiting immediate correction of the violation, and shall impose a fine in the amount of $150.00 for which the violator shall be liable. If the violation is not corrected immediately by the violator upon&€ter issuance of the citation, the police officer shall issue a second citation and shall impose an additional fine in the amount of $350.00. In the event that the violation continues after issuance of the second citation to the violator, the violation shall constitute a public nuisance and may subject the violator to arrest pursuant to State law. f cer who , u± Section 4. 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 5. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Key Biscayne, Florida; 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 6. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 12th day of September,. 1995. 4 PASSED AND ADOPTED on second reading this loth day of October, 1995. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: F. FESTA, MAYOR ATTEST: GUIDO H NGUANZO, JR., CMC, VILLAGE CLERK 41401 R RD JA WEISS, VILLAGE ATTORNEY 5 MIAMI DAELY BUSINESS 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 Daily Business Review flkla 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 10/10/95 ORD. RELATING TO CONSTRUCTION NOISE, ETC. In the XXXXXXX Court, was published in said newspaper in the issues of Sep 29, 1995 Afflant further says that the said Miami Daily Business 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 afflant further says that she has neither pald nor promised any person, limn or corporation any disc •. t, rebate, commission or refund for the purpose of sec n • this advertisement for publication in the said newsp Swom to and subscribed befo , me this N (SEAL) Sookle Williams pers�tfally known tome.:^..'_. ._ _ MY COM VILLAGE"O KEY BISCAYNE " PUBLIC NOTICE .;, Notice is hereby given that the following' ordinance wAl. be consid- ered on Second Reading by the. Key -Biscayne Village Council at a,.. r' meeting to beheld -.on Tuesday, October 10, 1995, at 7:00 p:m., in the ,Council Chamber_ at 85 West -McIntyre Street, Second Floor,.; Key Bis ' cayne,Flonda:�";' AN ORDINANCE OF -THE. VILLAGE OF KEY BISCAYNE, FLORIDA RELATING TO CONSTRUCTION NOISE; AMENDING-SECTIOIL i7 -3(f) OF THE CODE OF KEY BISCAYNE REGARDING THE HOURS PROHIBITING LOUD - ;.. OR EXCESSIVE NOISE IN CONNECTION 'WITH;; THE rr -CONDUCTING; OF CONSTRUCTION; AMENDtNG-SECTION 177 REGARDING- PENALTIES FOR. VIOLATION$; PROVIDING FOR SEVERABILITY, INCLUSION IN THE, -CODE AND AN EFFECTIVE. DATE. Interested parties are invited to appear and be heard Copies of the ,proposed ordinance may be obtained at Village Hall Office:of the VII loge Cleric 85 West Mclntrye Street, Key Biscayne, rlondasal49.. Should- 'any person desire to anneal anyldecision bf tfie Village.? bound with respect to any matter -to- be considered aF.thismeefing,:. `that -person shallrinsure that a verbatim record of the proceedings .Imade mduding all testimony and evidence upon which any appeal: maybe based (F.S. 266.0105). GuidoH. inguanzo, at.; CMC Village Clerk -' 95=4-092908M.... Fis ;9/29 ARY SEAL E. PENA ATE OF FLORIDA NO. CC 172'_63 N EXP. JAN. 6,1996 ORDINANCE N0. 95-14 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA RELATING TO PARKS AND RECREATION; REPEALING APPLICABTR PROVISIONS OF THE CODE OF METROPOLITAN DADE COUNTY REGARDING PARKS AND RECREATION; ADDING A NEW CHAPTER TO THE CODE OF THE VILLAGE OF KEY BISCAYNE REGARDING RULES AND REGULATIONS FOR ALL PARKS AND OTHER AREAS MAINTAINED AND OPERATED BY THE VILLAGE OF KEY BISCAYNE RECREATION DEPARTMENT AS WELL AS ALL BEACHES AND OCEAN AREAS AVAILABTP TO THE PUBLIC IN THE INCORPORATED AREA OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DAa . WHEREAS, Chapter 26 of the Code of Metropolitan Dade County regarding park rules and regulations is made applicable to the Village pursuant to Section 8.03 of the Village Charter; and WHEREAS, the Village, through its Recreation Department, has jurisdictional responsibility with regard to all Village parks and beaches and ocean areas available to the public in the incorporated area of the Village; and WHEREAS, the Council desires to (a) repeal Chapter 26 of the Code of Metropolitan Dade County regarding park rules and regulations as it is applied to the Village, and (b) establish rules and regulations relating to Village parks as well as all beaches and ocean areas available to the public in the incorporated areas of the Village in order to promote the health, safety and welfare of the citizens of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That Chapter 26 of the Code of Metropolitan Dade County regarding park rules and regulations which is made applicable to the Village pursuant to Section 8.03 of the Village Charter is hereby repealed in its entirety. Section 2. That the Code of the Village is hereby amended by adding a Chapter to be entitled "Park Rules and Regulations" which shall read as follows: Park Rules and Regulations for the Village of Key Biscayne, Florida Rule 1. Authority of Village of Key Biscayne Police Department officials and the Recreation Department officials (a) It shall be the duty and responsibility of the Village of Key Biscayne Police Department and the Recreation Department officials to enforce all State laws, County ordinances and these police regulations within the following areas of Village of Key Biscayne: (1) All parks and other areas maintained and operated by the Village of Key Biscayne Recreation Department. (2) All beaches and ocean areas available to the public in the incorporated area of the Village of Key Biscayne. (b) It shall be unlawful for any person to do any act forbidden or fail to perform any act required by these police regulations. Rule 2. Traffic ordinances. (a) The traffic ordinances of Dade County and applicable State vehicle laws shall apply in and about all park property and in addition thereto the following traffic regulations shall be applicable. Rule 3. Roads and driveways within parks. (a) No person driving, operating, controlling or propelling any vehicle, motorized, horse drawn or self-propelled, shall use any other than the regularly designated roads or driveways, except when directed to do so by 2 Police Officers or Recreation Department employees. Rule 4. Use of vehicles,trucks, buses, other heavy vehicles. (a) No car, truck, commercial vehicle, or bus of any type will be driven on any restricted park road or property without special authorization from the Recreation Department for the purpose of park work, services or activities except that trucks and buses used for transporting persons to a park for recreational purposes will be afforded use of ingress and egress park roads and parking facilities as provided for conventional passenger vehicles. Rule 5. Motorcycles and scooters. (a) No person shall ride, drive or propel any motorized vehicles i.e., motorcycle, scooter or similar vehicle on any but the regular vehicular roads except that such vehicles, with motors shut off, may be pushed by hand not faster that a walk over grassy areas normally reserved for the use of pedestrians and no person shall deviate from compliance with all traffic ordinance provisions governing the operation of bicycles while on park property. Rule 6. Parking. (a) No person shall park a vehicle any place on park property other than in the regular designated facilities provided for that particular type of vehicle, unless directed otherwise by Police officers or Recreation employees who are authorized to designate other areas for parking when conditions so warrant. Rule 7. Preservation of property. No person in the Village of Key Biscayne shall: (a) Destroy, damage or remove real property or improvements thereto, or movable or personal property, belonging to the village of Key Biscayne. 3 (b) Throw or deposit, or permit to be deposited or scattered upon any sidewalk, alley, street, bridge or public passageway, or upon any public or private property, any waste or other material of any kind. (c) No person shall tamper or meddle with or alter the condition of any meter, valve or meter identification, or other part of such system in the Village of Key Biscayne, or appliance connected thereto, in such manner as to cause loss or damage to the owner of such facilities or the users thereof, or to create a hazard to life and property. (d) Tallier with, injure, deface, destroy or remove any sign, notice, marker, fire alarm box, fireplug, topographical survey monument, or any other personal property erected or placed by the Village of Key Biscayne. (e) Move, disturb, or take any earth, stone or other material from any public street, alley, park or other public ground. (f) No person shall write, paint, or draw any inscription, figure, or mark of any type on any public or private building or structure or other real or personal property, owned, operated, or maintained by the Village of Key Biscayne. (g) No fires shall be built by any person against or adjacent to any park building, structure, tree or plant or near the property of others or in any area of any park except in such areas as are specifically designated for fire building. Rale'8. Picnic areas and use. (a) No person shall build, light cause to be lighted any fire upon the ground or beach or other object in any area except in an approved grill, stove fireplace or other suitable container, nor shall any person staring a fire leave the area without extinguishing the fire. ;Rule 9. Domestic animals. 4 (a) No person shall be permitted to take any domestic animal into any park whether on leash, in arms or running at large, dogs in particular being excluded, and provisions of Metropolitan Dade County Dog Control Ordinance No. 58-28 [Sections 5-3 5-15] shall apply to any and all park property. Rule 10. Pollution of waters. (a) Using the fountains; bays or any other bodies of water within the parks, storm sewers or drains.flowing`into them as dumping places for any substance or matter which will or may result in the pollution of said waters is prohibited. Rule 11. Refuse and trash. (a) No person will deposit or drop or place any refuse including bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or containers of foil upon the ground or in or on any park property except in the receptacles for trash disposal. Rule 12. Merchandising, vending, peddling, etc. (a) No person, persons, organization or firm other than the Recreation Department or persons acting by and under the authority of the Village of Key Biscayne will expose or offer for sale, rent or trade, any article or thing, or station or place any stand, cart, or vehicle for the transportation, sale or display of any article or merchandise within the limits of any park or recreation area. Rule 13. Public demonstration, gatherings, performances, athletic events, etc. (a) No band, procession, military company, or any company or group with flags, banners, or transparencies, shall be allowed upon any park or parkway or within any park without written permission of the Village Council of the Village of Key Biscayne, said permit to clearly define the nature of the activity, the limit of its scope and time of setting forth such other restrictions and requirements as the Village may deem necessary. 5 (b) No person or persons shall engage in any organized or pick-up athletic events, games, practice for same, or exercise, such as football, baseball, softball, soccer, volleyball, utilizing a substantial portion of any park or recreation area without written permit of the Recreation Department, said permit to clearly define the nature of the activity, the limit of its scope and time and setting forth such other restrictions and requirements as the Recreation Department may deem necessary. Rule 14. Intoxicating liquors, beer, wine, etc. (a) Drinking of alcoholic liquors or beverages and the bringing of such into the park areas shall be permitted only under the circumstances set forth in the following: 1. The sale of alcoholic liquors or alcoholic beverages at certain special specifically designated events will be under the authorization and control of the Recreation Department through issued permits_ A permit will be required for civic and social organizations and must provide a license from the proper State authorities. (See fee schedule for special event functions) Such sales shall be made only in individual drinks or cans(not in original packages, i.e. glass or otherwise in bulk) and shall be served for consumption on the iuuuediate premises of the concession. Rule 15. Drunkenness/violation of laws. (a) No intoxicated person or person whose conduct is in violation of state and local laws will be permitted entry to parks or recreation areas and if discovered therein will be ejected forthwith. 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, 6 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 Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Key Biscayne, Florida; 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. PASSED AND ADOPTED on first reading this 10th day of October , 1995. PASSED AND ADOPmU on second reading this 14th day of November , 1995. n ae44-- F. FESTA, MAYOR GUIDO H. NGUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI JAYstai YWWEISS, VILLAGE ATTORNEY, 7 MIAMIDAILY BUSINESS 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 Supervisor, Legal Notices of the Miami Daily Business Review Nk/a 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 11/14/95 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA RELATING TO PARKS AND RECREATION, ETC. in the X fM9W 1.N Court, was published in said newspaper In the issues of Nov 3, 1995 Aifiant further says that the sald Miami Daily Business 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 affiant further says that she has neither paid nor promised any person, - •• or corporation any discou ,. rebate, commission ; - nd f • r the purpose of secur' this advertisemen. p •IidaC•n in the said newsp Octelma V. Fe • - e p- eonally known to m ILtJ GE'OF REY',BISCAYNE PUBLIC NOTICE ;:3 Notice is hereby given that the hollowingordinance Will be consld-. t`ered on Second Reading by the Key Biscayne Village Council- at a meeting to be held on Tuesday; November. 14, 1995, at.T;00-p.m., in Ithe Council Chamber, at 85 Chest Mcl' " v ntyre.Stieei;-Second rFloor, Key., r Biscayne, Finn* - _ . _. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA.. ,RELATING TO ARKS. AND%RECREATION; REPEALING -'APPUCA-`. BLE. PROVSIONS• OF, THE CODE -OF METROPOLITAN DADEj =-COUNTY_ REGARDING PARKS AND; RECREATION; ADDING- •A ;aNEW CHAPTER- TO; THE VILLAGE., 3F -KEY., BISCAYNE: rSiEGARDING RULES -AND REGULATIONS FOR ALL PARKS AND lt-OTHER AREAS MAIN9TAIF}ED ANLLOPERATED BY,,THE. VILLAGE' ARTMENT AS *ELL: AS • I3THE BEACHES AND OCEAN ARiEAONS AVAILABLE TO THETPUBLfC • 1N THE INCORPORATED ,AREA -OF, AjE; VILLAGEr-OE KEY n rrrBISCAYNE; PROVIDING SEVER IIILPTY„ INCLUSION -4N t:THE £OQE ANO AN EFFECTNE DATE. [wrested patties are invited io appear and tie beard Copies of-Ihe ;..proposed orlljnance. may be,obtainedrat Village Hall; Office nt the;Vil- lage•Clerk,.85 West McIntyre Street, Key Biscayne, Honda 33149 :Should` any person desire' to appeal any decision -of the Village. ?Council with respect to any matter to be considered at this meeting;,:. L;t-that person shall insure that atvetbatim t ,.urd'of the proceedings is made including all- teshmony.apd evidence upon whiieh any appeal: 'may be based IFS< 2860105).-.- OFFICIAL NCYFARY SEAL ACN'ES E. PENA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 172105 MY COMMISSION EXP. JAN. 6,1996 •. Guido=H. Inguanzo Jr.,.CMC- Village Clerk 95-4-110310M