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HomeMy Public PortalAbout1997 AllORDINANCE NO. 97-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 25 OF THE VILLAGE CODE "TAXATION"; PROVIDING DEFINITIONS; PROVIDING LIMITS ON LONG TERM DEBT OF THE VILLAGE; PROVIDING LIMITS ON RESERVE FUNDS; REQUIRING SURPLUS FUNDS TO BE USED EITHER TO REDUCE DEBT OR TAXES; PROVIDING THAT LONG TERM DEBT LIMITS MAY BE EXCEEDED WITH VOTER APPROVAL; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, on April 9, 1996, the Financial Policy Committee was established for the purpose of reviewing all aspects of the proposed Charter Amendments as well as the Village's existing financial policies; and WHEREAS, on June 18, 1996, a report was issued by the Financial Policy Committee which contained a series of recommendations; and WHEREAS, this Council wants to formally adopt those recommendations and to make them part of the Code of the Village of Key Biscayne. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, as follows: Section 1. That Chapter 25 of the Village Code is hereby amended to read as follows:1 Sec. 25-1. Definitions: (a) Debt. Any financial obligation of the Village which is not required to be repaid within one year of its incurrence, excluding Debt payable from an Enterprise Fund. If a financial obligation is payable from an Enterprise Fund and from other sources, that portion payable from the Enterprise Fund shall not be included in the calculation of Debt. 1/ Underlined text has been added. (b) Enterprise Fund. A fund established to account for operations which are financed and operated in an independent and self-liquidating manner, including depreciation. To constitute an Enterprise Fund, the expense of providing goods or services to the public on a continuing basis must be financed or recovered entirely through user fees and charges. Sec. 25-2. Limits on Debt. The total principal of Debt of the Village shall be limited to the greater of the following: (a) 1% of the total assessed value of all property within the Village, as certified to the Village by the Dade County Property Appraiser, for the current fiscal year; or (b) That amount which would require annual principal and interest payments on Debt during any fiscal year to exceed 15% of general fund expenditures for the previous full fiscal year. Sec. 25-3. Reserve Funds. To provide for emergencies, the Village shall maintain non -restricted reserve funds in an amount not less than $2,000,000 or in an amount greater than 82,000,000 but not greater than 20% of general fund expenditures for the previous full fiscal year. Sec. 25-4. Surplus Funds Surplus funds in the general fund at the end of each fiscal year not placed by the Council in a restricted reserve fund shall be used either to reduce Debtor to reduce taxes in the next fiscal year. The allocation of surplus funds between restricted reserve funds, Debt reduction and tax reduction shall be at the discretion of the Village Council. Sec. 25-5. Policy Exceptions. The Debt limits established by Sec. 25-2 may not be exceeded by the Village unless and until approved by a majority of the qualified electors of the Village voting in a referendum election. 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 2 invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 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. Section 25-1, 25-2, 25-4, and 25-5 of this Ordinance shall be effective upon adoption on second reading. Section 25-3 shall be effective October 1, 2001. PASSED AND ADOPTED on first reading this 10th day of December , 1996 PASSED AND ADOPTED on second reading this 16th day of January, , 1997. { 3 .-.c y [JOHN FESTA, MAYOR VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI RD JAY WEISS, VILLAGE ATTORNEY 103001\ordinance\L.T.Debt.12 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 Sookfe 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 PUBLIC NOTICE ORDINANCE "TAXATION" JANUARY 14, 1997 In the XXXXX Court, was published In said newspaper in the issues of Affiant further says that the said Miami Daily Business Review 1s 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 es 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 enfant further says that she has Id nor promised any person, firm or corporation nt, rebate, commission or refund for the purpose this advertisement for publication in the said ne an of n 23 er. m to and subscribed lore me MA ecemt er day o (SEAL) Sookle Wllllams 19 OFFICIAL NOTARY SEAL JANETT LLERENA b n to Munson NUMBER "'R = e CC566004 t Yf iO MY COMMISSIONEXPIRES FOF R0 JUNE 23 2000 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice' is hereby given that thee -following ordmanoe wilt be consid Feted on Second -Reading- by thelKey Biscayne'Village. Council . ;meeting to be held'prr,Tuesday, jars -04444 -19.97-,,,at7:O p m , m,the-" i:Coufidil Chamber,;lgeated at 85 West Ntcintyre Streeh.Sec©nd'Floor,' ' AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING' CHAPTER 25 OF THE VILLAGE - CODE 'TAXATION';-` PROVIDING, DEFINITIONS; :PRO VIDING LIM(TSONLONGTERM,DIBT OF ,THE VILLAGE; PROVIDING LIMITS ON RESERVE FUNDS' REQUIRING- : SURPLUS FUNDS TO BE USED EITHER 10 REDUCE DEBT OR TAXES; PROVIDING -THAT LONG TERM DEBT LIMITS MAY BE EXCEEDED ,WITH=VOTER APPROVAL; PROVIDING :: FOR SEVERABILITY,:INCLUSION IN THE 7'. CODE AND AN EFFECTIVE DATE. Interested patties are invited to appear -and be heard. A copy of the I proposed ordinancemay be obtained et Village Hall, Office of the Vit- lage Clerk, 91 West Mclntyre Street, Suite 201, Key Biscayne, Florida `33149. Interested parties may appear at the Public Hearing and be heard with respect to the proposed ordinance In accordance with the Americans With `Disabilities Act di -1990, all '. persons who are disabled and who need special accommodations to participate in this proceeding because of that -disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite -201, , Key: Biscayne, Florida 33149, telephone number (305) 365-5506, not ;. later than two business days prior to such proceeding. Should any person desire to `:appeal any decision of the Village -: Council with respect ta.any matter to be considered at this meeting, that person shall insure that a verbatim feciad Of the, proceedings, is made including alltestimony and ,evidence upon which any appeal, -.r maybe based (F.S: 286.0105). 12!23 Conchita H. Alvarez- Village Clerk-. 96-4'-122307M', ORDINANCE NO. 97-2 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PERMITTING THE USE OF GOLF CARTS ON DESIGNATED STREETS; PROVIDING FOR DEFINITIONS, HOURS OF OPERATION, EQUIPMENT REQUIREMENTS, PERMIT REQUIREMENTS AND FEES, AND OPERATOR QUALIFICATIONS; PROVIDING PROHIBITIONS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the State of Florida has given municipalities the right to designate streets within its boundaries for Golf Cart use; and WHEREAS, the Village Council recognizes the needs of many citizens who enjoy the recreational advantages of Golf Carts; and WHEREAS, the Village Council has determined that Golf Carts may safely travel on Designated Streets. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Code is hereby amended by adding a new Chapter entitled "Golf Carts," to read as follows: Chapter Golf Carts. Section 1. Legislative Intent. It is the intent of this Chapter to permit and regulate the use of Golf Carts within the Designated Streets of the Village, during non -restricted hours by licensed drivers operating Golf Carts which have passed a safety inspection. Section 2. Definitions. jai Designated Streets. All streets within the Village except Harbor Drive and Crandon Boulevard. Golf Cart. A motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes as defined in Chapter 316.003(68), Fla. Stat. j_ql Permit. An official authorization designating that the Golf Cart to which the authorization is affixed meets the requirements of state law and the Village Code. (d) Slow Moving Vehicles. Any vehicle designed for use and speeds less than twenty-five (25) miles per hour. Section 3. Authorized Use. Licensed drivers may operate Golf Carts which have been inspected and issued permits by the Village Police Department on all Designated Streets within the Village between sunrise and sunset. Ibi A permit to use a Golf Cart on a Designated Street does not permit entry onto private property or semi -private property, including retail parking lots, private roads or common fl.eae in condominiums. Access to these areas may be regulated by the property owners and/or property managers. Section 4. Prohibited Use. The operation in the Village of any Golf Cart in the following manner or under the following conditions is prohibited: jaL Without a valid, current driver's license. (b) During hours between sunset and sunrise without being equipped with headlights and a windshield. Without a valid, current permit issued by the Village Police Department and affixed to the Golf Cart in a conspicuous location. In violation of state or county traffic regulations. jj Anywhere on the roadway surface of Crandon Boulevard, and Harbor Drive, except to cross those thoroughfares at marked intersections or intersections reaulated by a traffic signal. iLZ (g) Parking in Obstructing or interfering with normal jij Carrying more passengers than those for which the Golf Cart was designed. On the beaches, parks, bicycle paths, sidewalks, or swales of the Village. regulations. traffic flow. violation of posted Section 5. Inspection. jj Each Golf Cart shall be inspected by the Village 1121 Upon submitting a completed permit application, proof of insurance and the payment of a $15.40 application fee, the Village Police Department will schedule an inspection to ensure that the required equipment is installed and operating properly. (c) The application fees will be deposited into the General Operating Funds of the Village. annually. Ica The Village Police Department shall issue a permit to a Golf Cart which passes the inspection. The permit shall be displayed in a conspicuous location on the Golf Cart. Section 6. Required Equipment. A Golf Cart must be equipped with: j Efficient brakes; (b) Reliable steering apparatus; jc Safe tires; Rear view mirrors; (e) Red reflectorized warning devices, both in the front and the rear; (f) Rear stop lamps meeting the minimum standards of Sec. 316.234(1), Fla. Stat.; (g) Turn signals meeting the minimum standards of Sec. 316.234(2), Fla. Stat., and ILL Safety belts. Section 7. Slow -Moving Vehicles. Golf Carts meeting the definition of slow moving vehicle must also have a "SMV" triangular emblem attached to the Golf Cart pursuant to Metro -Dade Ordinance No. 71-94. Section 8. Operators. Drivers must hold a current, valid driver's license in order to operate a Golf Cart upon the streets of the Village. Section 9. Traffic Laws. jj Operators of Golf Carts using Designated streets within the Village are required to observe all traffic laws as if they were operating any other motor vehicle. While travelling on designated streets operators and passengers of Golf Carts must comply with applicable Florida law as to the requirements and usage of safety belts and child restraint equipment. 121 Owners and operators of Golf Carts shall comply 4 with applicable Florida law pertaining to insurance requirements. Section 10. Enforcement. The Village Police Department shall be responsible for enforcing this Ordinance. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Penalty. Any person who violates any provisions of this ordinance shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. Pursuant to Section 2-31 et seq. this ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. 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 5 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 26th day of November , 1996. PASSED AND ADOPTED on second reading this 14th day of January , 1997. VILLAGE CLERK APPROVED AS TO FORM AND LEGAL tivl � �CJf/f RIC 103001 OHN FESTA, MAYOR SUFFICIENCY: RD 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 Soak's 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 PUBLIC NOTICE ORDINANCE PERMITTING THE USE OF GOLF CARTS ON DESIGNATED STREETS in the XXXXX was published in said newspaper in the issues of Dec 23, 5996 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 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 - ertisement; and afflant further says that she has nelth:. pal•: nor promised any person, 'inn or corporation any •. = ou t, rebate, commission or refund for the purpose of s url a this advertisement for publication In the said news -a• r. • (SEAL) Sookle Williams m to and subscribed before me thls6 Decemb-r 9 A.D. 19 t Pei_ OFFICIAL NOTARY SEAL onally kfreym IMPIETY LLERENA 9" £a�. c CC56600gaEa ,F' 04.- MY COMMISMON EXPIRES OF FL JUNE 23,2000 VILLAGE`OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE - Notice is hereby given that the following -ordinance will be consid- ered on Second Readina.by the Key Biscayne Village Council at a meeting to be held on Tuesday; January14,"1997,' at 7:00 p.m., in=tie-' Council Chamber, located at; 85 West McIntyre Street, Second Floor, "-AN-CRDINAt10E ,OF THE VILLAGE -OF KEY BISCAYNE, ,.,FLORIDA, PERMITTING THE USE -OF GOLF CARTS ON DESIGNATEU-STRhEt ; PROVlDtNG-FOR DEFINITIONS, HOURS OF, OPERATION, EQUtPMEt4T:REQUIREMENTS, _.-PERMIT :REQUIREMENTS AND FEES, AND',OPERATOR QUALIFICATIONS; ,-13i©V(DING; , PROVIDING FOR SEVERABFCFTY,,-CODIFICATION AND AN EFFECTIVE Interested parties ateinvrted.to appear and be heard. -A copy of the proposed ordinance -nay be obtained at Village -Hall, Office of the Vil- lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149. Interested parties may -appear at the Public Hearing and be heard with respectto the. proposed ordinance.' - In accordance with the Americans With Disabilities Act of 1990, all persons who are.disabfed andwho need especial accommodations to parhapate in this proceeding because"ofthat disability should contact the Office of the :UBlage Clerk, 91 West McIntyre Street, Suite 201, J' Key Biscayne, Flerida.33149,1etephone number (305) 365-5506, not later than two business days priorto such proceeding. Should any person desire to appeal any decision of the - Village - 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:' any appeal may be based (ES. 286.0105). - Conchita 14..Alvarez Village Clerk 96-4-122.206M ORDINANCE NO. 97-3 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; ADDING POST -GRADUATE PROFESSIONAL EDUCATIONAL FACILITIES AS AN UNUSUAL USE; 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, the Zoning Code contains a list of certain unusual uses which are permitted after a public hearing; and WHEREAS, this Board is of the opinion that Post -Graduate Professional Educational Facilities should be added to the list of unusual uses; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That Section 33-13(e) of the Code of Metropolitan Dade County as made applicable to the Village is hereby amended to add "Post -Graduate. Professional Educational Facilities" as an unusual use. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Village of Key Biscayne Code; that the sections of this Ordinance may be renumbered or relettered to accomplish 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 28th day of January , 1997 . PASSED AND ADOPTED on second reading this llth day of February , 1997 . F. FESTA, MAYOR CHITA ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI JAY WEISS, VILLAGE ATTORNEY 103001\ORDINANCE\EDUCATIONAL.D24 2 ORDINANCE NO.97-4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA; ESTABLISHING A PROCEDURE FOR RESOLVINGDISPUTESARISING FROM THE ACTIVITIES ASSOCIATED WITH THE PLANNING, DESIGN, CONSTRUCTION, AND OPERATION OF FACILITIES FINANCED BY THE STATE OF FLORIDA REVOLVING LOAN FUND AUTHORIZED BY SECTION 403.1835, FLORIDA STATUTES; PROVIDING FOR NOTICE OF PROTEST AND DOCUMENTATION; PROVIDING FOR A HEARING; PROVIDING FOR AN APPEAL; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, Section 403.1835, Florida Statutes, authorized a state loan program to local governments to accelerate the construction of sewage treatment facilities and established the Sewage Treatment Revolving Loan Fund to be used for such purposes; and WHEREAS, Section 403.1835, Florida Statutes, authorizes the State of Florida, Department of Environmental Protection to help local governments finance facilities to collect, treat and dispose of wastewater; and WHEREAS, Chapter 62-503, Florida Administrative Code, sets out the requirements for a local government to obtain financial assistance under the State of Florida Revolving Loan Program; and WHEREAS, said rules require the adoption of a dispute resolution procedure by the local government; and WHEREAS, the Village and the State of Florida, Department of Environmental Protection have previously entered into an Agreement related to the State Revolving Fund Loan Program dated June 20, 1996; and NOW THEREFORE, IT IS ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1: Legislative Intent. It is the intent of the Village to adopt a procedure for resolving disputes arising from the activities associated with the planning, design, construction, and operation of facilities financed by a loan from the State Revolving Fund Loan Program, authorized by Section 403.1835, Florida Statutes and Chapter 62- 503, Florida Administrative Code. Section 2: Dispute Resolution Procedure. (1) Any person who can demonstrate that an improper action taken by the Village in the above activities has caused, or will cause, a material adverse effect on such person, may file a written Notice of Protest with the Village Engineer within. ten (10) calendar days of having become aware of such action. A copy of the Notice of Protest must be provided to any party which potentially would be directly and adversely affected by the relief sought. Any Notice of Protest not filed within the time period described above or not containing parts (a) through (f) of the following section shall not be considered. 2 (2) The Notice of Protest shall contain the following information: (a) The name and address of the protester; (b) A statement describing the disputed action and providing factual reasons as to why the action was believed improper; (c) A statement describing how and when the protester became aware of the disputed action; (d) A statement of how the protester is, or will be, adversely affected; (e) A statement of the relief sought; and (f) Any other information material to the protest. (3) Within seven (7) calendar days of receipt of the Notice of Protest, the Village Engineer may provide an opportunity to settle the dispute by mutual agreement. (4) In the event that the dispute is not resolved by mutual agreement, the dispute may be resolved at a hearing. The Village. Engineer shall, within fourteen (14) calendar days of receipt of the Notice of Protest, set a hearing time, location and date to be held no earlier than fourteen (14) calendar days and no later than thirty (30) calendar days after receipt of the Notice of Protest. At the hearing the protester shall present evidence and testimony and may ask questions of witnesses. The Village representatives, consultants, and witnesses may present testimony about the disputed action. Within ten (10) calendar days of the conclusion of the 3 hearing, the Village Engineer shall render a written decision along with the justification for the decision. (5) If the protester does not accept the Village Engineer's decision, the protestor may file an appeal for reconsideration to the Village Manager. The appeal must be received at the office of the Village Manager within five (5) calendar days after the Engineer's decision is rendered. The appeal must contain the information provided in (a) through (f) and the justification for requesting reconsideration. The Village Manager shall, within five (5) days, designate a time, location and date for a meeting for the appeal. A copy of the appeal documentation must be provided to any party which potentially would be directly and adversely affected by the relief sought. At the meeting, the decision of the Village Engineer and the justification for his decision shall be presented to the Village Manager, and the petitioner shall have the opportunity to present evidence and testimony. At the conclusion of the meeting the Village Manager shall render a decision. The decision of the Village Manager shall be final, subject to the available remedies at law. Section 3: Severability. Should any section or provision of this Ordinance, or application of any provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the remainder of this Ordinance. 4 Section 4: Effective Date. This Ordinance shall become effective upon adoption. ATTES PASSED AND ADOPTED on JAAIUARY , 1997 - PASSED AND ADOPTED on FEBRUARY , 1997. VILLAGE CLERK Az/ first reading this 28th day of second reading this llth day of OI1 F. FESTA, MAYOR %ft tAg APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VIL GE ATTORNEY= VIL AGE ATTORNEY-- 103001\ordinance\revloan 5 ROY BARQUET STEPHEN 5. 800DEN NINA L. BONISKE L. ROBERT ELIAS EDWARD G. GUEDES STEPHEN J. HELFMAN JILL A. JARKESY* GILBERTO PASTORIZA ELLEN N. SAUL* GAIL D. SEROTA* JOSEPH H. SEROTA RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ WEISS SEHOTA 8c HELFMAN, P.A. ATTORNEYS AT LAW 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE (305) 854-0800 TELECOP1ER (305) 854-2323 January 15, 1997 VIA FACSIMILE AND U.S. MAIL Ms. Conchita Alvarez Village Clerk Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 BROWARO OFFICE 888 EAST LAS OLAS BOULEVARD. SUITE 710 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE (954) 763-1189 PALM BEACH OFFICE 1872 SOUTHWEST 17TH STREET BOCA RATON, FLORIDA 33486 TELEPHONE. (561) 392-8762 TELECOPIER (561) 392-7551 *OF COUNSEL Re: Ordinance Establishing Dispute Resolution Procedure Dear Conchita: Enclosed for placement on the next Council Agenda is an Ordinance prepared by this office establishing a dispute resolution procedure as required for participation by the Village in the State of Florida Revolving Loan Program for wastewater facilities. The Ordinance is modeled after an Ordinance provided to the Villace by the State's Loan Program staff as the recommended procedure utilized throughout the State. I do not consider either the form or substance of the model dispute resolution procedure of much value. However, as this is the State's preferred language, I have provided you with a modified version of the procedure for your usage. Please call me to discuss should you have any questions. Sincerely, Nina L. Boniske NLB/dg/103001 Enclosure cc: Richard J Weiss, Esq. 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 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 FEB. 11, 1997 In the wlceppbba3 d Init9lwspaper in the Issues o1 XXXXX Court, 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 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 co •- of ertisement; andaftiant further says that she has a= er d nor promised any person, firm or corporation a di nt, rebate, commission or refund for the purpose of •cu• g this adv isement for publication in the said ne ".p; '•er. a day of (SEAL) Sookie. Williams Swom to and subscribed before me t {e. ebr'uary — F D. 19 Ply po OFFICIAL NOTARY SEAL earnally krrityn Wain LLERENA 7 O cora:mea -4 N1ttesER Le CC5.66004 cb MY COMMISSION EXPIRES OF FLO JUNE 23,2000 iiL /►www aE`fIK IS A'YFIE OFFICE OFTIIE VILLAGE'°CLER PUBLIC NOTICE - Notice is hereby given that the following ordinance will be consid ": ered on Second -heading by 'the Key Biscayne Village Council at a "`meehrig tilde -ha es"`7 ay, February.. -11, 1997;.—at710D p.tti 'n tthe Council Chamber; -located at 85 West McIntyre -Street, Second Floor, Biscayne; Florida: - FLORID ESTABIIlS�iUvG A-. P",ROCEDl -u,a AN ORDINANCE OF rTHE VILL4GE OF KEY BISCAYNE .., RESOLVING. DISPI'tES--,*ISINGWf t' ` 11 ASSOCIATED WIhN THE .-,,PLANNING; - DESIGTY -ff.:- CONSTRUCTION, AND OPERA ION OF ;;;EpCIL17fE5 ' FINANCED. BV,-tHEScATE OE'FLORIDA "REVOLVING, LOAN FUND AUTHORIZED' BY SECTION 403.1835, FLORIDA STATUTES; PROVIDING FOR NOTICE OF PROTEST AND DOCUMENTATION; PROVIDING FOR A HEARING; PROVIDING :FOR AN APPEAL;. PROVIDING `. FOR SEVERABILITY; INCLUSION- IN THE CODE AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. A copy of the proposed ordinance may be obtained at Village Hall, Office of the Vil- lage Clerk, 91 West McIntyre Street, Suite 201`, Key Biscayne, Florida In accordance with the,Amerrcans With Disabilities Act of 1990, all persons mho are disabled and who need special accommodations to :'.participate in this proceeding because of -hat disability""should contact. the .Offiice of the Village Clerk, 91 West -McIntyre Street, Suite 201;:. Key Biscayne, Florida. 33149, telephone number (305) 365-5506, not _. ... later than two business days prior to such proceeding:.. Should, anyperson desire to appeal any decision of the Village 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 any appeal maybe based (ES. 286.0105). Conchita 1-1: Alvarez, Village Clerk 97-4-020306M ORDINANCE NO. 97-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1996-1997 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 1996-1997 Village budget was adopted pursuant to the Village Charter and based upon estimates of revenues and expenses in various categories; and WHEREAS, as a result of operations for the fiscal year, certain changes are necessary in various categories for fiscal year 1996-1997; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Budget Amendments Approved and Adopted. The Budget of the Village of Key Biscayne for fiscal year 1996-1997 is hereby amended as outlined in Exhibit "A" to this ordinance. Section 2. Effective Date. This ordinance shall become effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 14th day of January , 1997. PASSED AND ADOP TED on second reading this llth day of February , 1997. YOR JOHN F. FESTA A laer VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICH4RD JAY WEISS, VILLAGE ATTORNEY ACCOUNT# DESCRIPTION REVENUES Q0001-1-271 Prior Year Fund Balance EXPENSES. X1200-1-521 X1207-1-521 X1210-1-521 X1250-1-521 X1260-1-521 X2100-1-521 X2220-1-521 X2400-1-521 X2500-1-521 X4900-1-521 X5740-1-572 X8206-1-513 Salary-Po;lice Officers Acting Supervisor Pay Overtime Holidays Court Time PayrollTaxes Retirement Contributions Worker's Compensation Unemployment Insurance Confidential Informants Special Events, Recreation Fireworks, Non -Department TOTALS Net Change, Police Expenses EXHIBIT "A" TO ORDINANCE REVISED CURRENT REVISED ALLOCATION INCREASE DECREASE TOTAL $375,750 $59,330 $1,141,402 $6,000 $52,000 $42,000 $10,000 $114,826 $151,942 $98,395 $14,554 $1,000 $40,309 $258 $2,,224 $2,138 $470 $3,473 $4,434 $3,568 $456 $2,000 $18,000 $57,000 $57,000 $1,707,119 $116,330 $435,080 $1,181,711 $6,258 $54,224 $44,138 $10,470 $118,299 $156,376 $101,963 $15,010 $3,000 $75,000 $57,000 $0 $57,000 $1,766,449 $59,330 ORDINANCE NO. 97-6 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REZONING THE 0.69 ± ACRE PARCEL. OF LAND LOCATED AT ONE CRANDON BOULEVARD FROM BU - IA (LIMITED BUSINESS DISTRICT) TO RU -3M (MINIMUM APARTMENT HOUSE DISTRICT), PROVIDING" FOR SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the owners of the property, legally described In Exhibit "A" to this Ordinance, have applied to the Village of Key Biscayne for a rezoning of the property from BU -1A (Limited Business District), to RU -3M, (Minimum Apartment House District); and WHEREAS, a public hearing has been conducted and all. interested persons have had the opportunity to be heard on the request; and WHEREAS, the Village Council finds that the requested rezoning is consistent with the Comprehensive Master Plan and the Village's land development regulations and the use is compatible with the surrounding area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Rezoning. The parcel of land located at One Crandon Boulevard, as legally described in Exhibit "A", attached to and made a part of this Ordinance by this reference, is rezoned from BU -1A (Limited Business District) to RU -3M (Minimum Apartment House District). The Director of the Department of Building, Zoning And Planning is authorized to amend the Official Zoning Map of the Village of Key Biscayne, Florida to reflect the zoning change. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 18th day of February , 1997 . PARSED AND ADOPTED on second reading this llth day of March , 1997 . (4,11,11___91-377-4;: �Hpt F. FESTA, MAYOR I'rA ALVAREZ, VILLAGE CLERK APPROVED AS TO F. M LEGAL SUFFICIENCY: EN J. HELFMS VI GE ATTORNEY 2 EXHIBIT "A" LEGAL DESCRIPTION The North 150.00 Feet of the West 200.00 Feet of Tract 2 of Matheson Estates as Recorded in Plat Book 46 at Page 86 of the. Public Records of Dade County, Florida. 103001\Ordinance\Rezoning 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 Bookie Williams, who on oath says that she is the Vice President of Legal Advertising 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 3/11/97 ORD. REZONING PARCEL OF LAND LOCATED AT ONE CRANDON BLVD., ; .ETC in the XXXXXXX Cow was published in said newspaper In the issues of Feb as, 1997 Alflent 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 o : • vertisement; and affiant further says that she has neith• p; d nor promised any person, flan or corporation any d�eo nt, rebate, commission or refund for the purpose of = uri g this advertisement for publication in the said news a• -r. • :Deam! subscribed before me J , A.D. 19 J (SEAL) Sookie Williams personally kno OFFICIAL NGTA. SEAL JANETT LLEiR NA COMMS.SSON t. L'MSER CCSS6004 W COMMISSION EXPIRES J JUNG. 23,2000 VILLAGE OF KEY,BISCAYNE:--- OFFICE'OF TIE VILLAGE CLERK PUBLIC NOTICE: Notice is hereby given that the following ordinance wilt- be consid- ered on Second Reading by the Key Biscayne Village Council at a meetirrglo,be held on Tuesday, March 11,x1.997, at 7:00 p.m., in lhe' Council Chamber, located. at 85 West McIntyre Street Second Floor,:; Key Biscayne, Florida: AN ORDINANCE -OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REZONING. THE 0.69: ACRE PARCEL OFLAND LOCATED AT BONE CRANDON BOULEVARD FROMEBU-IA (LIMITED BUSINESS DISTRICT) TO flU3M (MINIMUM APARTMENT HOUSE DISTRICT), PROVIDING FOR SEV- ERABILITY;;AND ANEFFECTIVE DATE.3- - Interested pames are invited 10 appear and: be heard. A copy of the proposed ordinenceartaybe obtained at Village Half, Office of the 1,81- - lage-Clerk, 91 West. McIntyre Street, Suite 201, Key Biscayne, Honda sal 49. Interested -parties may appear at the Public Hearing and be'. heard with respect to the proposed ordinance. In accordance with,the.Amencans With Disabilities Act of 1990, all persons who are disabled, and who need special accommodations -to participate in this proceeding because of that disability should contact' ' the Office of the Village Clerk, 91 West Mclntyre Street Suite 201, Key Biscayne, Ronda 33149, telephone number (305p 365-5508 not later than two business days prior to such, proceeding. Should any person desire to appeal any decision of the Village: 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 any appeal`. maybe based-(FS.'2860165). Conchita H. Alvarez Village Clerk .2/28 97-4-022806M'- ORDINANCE NO. 97-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 17 "NOISE" OF THE CODE OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR`SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS': Section 1. Chapter 17 of the Code of the Village of Key Biscayne, Florida is amended to read as follows: Sec. 17-1. Prohibition. It shall be unlawful for any person to make, continue or cause to be made or continued any loud, excessive, unnecessary or unusual noise disturbance. For purposes of this chapter, the word "noise disturbance" shall mean any sound in quantities which are or may be potentially harmful or injurious to human health or welfare, or which unnecessarily interferes with the enjoyment of life or property, including outdoor recreation, of a reasonable person with normal sensitivities. 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 clearly 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 preparation, assembly, erection, substantial repair, alteration, demolition or similar action, or public or private rights -of -way, structures, utilities or similar property. 1/ Underlined text has been added to existing language; °truck through tcxt has been deleted from existing language. 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, Memorial Day, Independence Day, Labor 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 or powered by machinery and which is used or capable of being used as a means of transportation on water. Sec. 17-3. Prohibited acts. The following acts are declared to be loud, cxccsoivc, unnccccsary, r unusual noiocc in a noise disturbance and constitute a violation of this chapter: (a) Excessive noise. Any noise which is hazardous to public health, welfare, safety or the quality of life within the limits of the Village or of such character, intensity or duration which disturbs the public peace and welfare. (b) Horns, signaling devices, etc. The sounding of any horn or signaling device on any Motor Vehicle or Motorboat on any street or place in the Village) except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. (c) Radios, televisions, phonographs, musical instruments, etc. The using, operating, playing or permitting to be played, used or operated any radio, television, phonograph, musical instrument, or other machine or device for the producing or reproducing of sound in such manner as to cause noise disturbance so as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, Motor Vehicle, Motorboat or area is which such machine or device is operated and who 2 are voluntary listeners thereto. The operation of such radio, television, phonograph, musical instrument or other machine or device: a) before 7:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday; b) before 8:00 a.m. on Saturday, Sunday and Holidays; c) after 11:00 A.m. on Sunday, Monday, Tuesday, Wednesday and Thursday- d) after 12:00 p.m. on Friday, Saturday and Holidays in such a manner as to be plainly audible at a distance of 100 feet from the building, structure, Motor Vehicle, or Motorboat in which it is located shall be prima facie evidence of a violation of this chapter. (d) Animals, birds, etc. The owning, possessing or harboring of any animal or bird which causes, between t c h_uro of before 7:00 a.m. or after 11:00 p.m. and 7.00 a.m., frequent or continued noise which is plainly audible at a distance of 100 feet from the building or structure in which the animal or bird is located. (e) Exhausts. The discharge into the open air of the exhaust of any engine, stationary internal combustion engine, Motor Vehicle or Motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (f) Construction. The creation of a loud or excessive noise in connection with the conducting of Construction: a) before 7:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday; b) before 8:00 a.m. on Saturday, Sunday and Holidays; c) after 6:30 A.m. on Monday, Tuesday, Wednesday, Thursday and Friday - d) after 4:30 P.M. on Saturday Sunday and Holidays, bctwccn the h urc of G:30 p.m. and 7:00 a.m. on weekdays, 4.30 p.m. and 8.00 a.m. n Iolidays, except for Emergency work. Notwithstanding the foregoing, the creation of a loud or excessive noise in connection with the use and operation of heavy equipment for earth moving and compacting, concrete demolition or pile driving is prohibited at any time on Saturdays. If Emergency work is to be performed, the owner of the property upon which such Emergency work is performed or the property owner's authorized representative shall notify the Village Police Department prior to the commencement of such Emergency Work. (g) Firearms or explosives. The use or firing of any explosives, firearms or similar devices, except in an Emergency, or using or firing firecrackers, skyrockets or the like without the prior approval of the Village Manager. (h) Loudspeaker or sound amplifier. The using or operating of any loudspeaker, loudspeaker system, sound amplifier or other similar device between the hours of a) before 7:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday; b) before 8:00 a.m. on Saturday, Sunday and Holidays; c) after 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday; d) after 12:00 p.m. and Holidays, 11.00 p.m. thru weekdays Sunda on Friday, Saturday. and 7.00 a.m. the foll wing day on P4ondav, Tucjdnv, Acdnc3day and Thursday and 12:00 a.m. midnight thru and 8.00 a.m. the f flowing day n Friday, Saturday weekdays and II liday3 such that the sound therefrom is plainly audible at a distance of 100 feet from the building, structure, Motor Vehicle or Motorboat in which it is located; provided, however that this shall not apply to any public performance, gathering or parade for which a permit has been obtained from the Village Manager pursuant to section 17-4. (i) Loading or unloading. The creation of a loud or excessive noise in connection with the loading, unloading, opening, closing or other handling of boxes, crates, containers, refuse cans or other objects between the hours of a) before 7:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday; b) before 8:00 a.m. on Saturday, Sunday and Holidays; c) after 7:00 A.M. and 7:00 a.m. on weekdays and 7.00 p.m. and 8:00 a.m. on weekends and II lidays. (j) Commercial maintenance equipment. The use of commercial maintenance equipment which creates a loud or excessive noise in connection with the operation of said equipment within 100 feet of any residential area a) before 7:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday; b) before 8:00 a.m. on Saturday, Sunday and Holidays; c) after 7:00 p.m. bflweee�89 p m. and 7:00 m weekdays and' (k) Defect in Motor Vehicle or Motorboat. The use of any Motor Vehicle or Motorboat so out of repair, so loaded or in such a manner as to create loud or unnecessary grating, grinding, rattling or other noise. (1) Hawkers/peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood. (m) School, courts, hospitals, places of religious worship. The creation of any excessive noise on any street or place adjacent to any school, court, hospital or place of religious worship, while the same are in use, which unreasonably interferes with the operation of such institution or which disturbs or unduly annoys the persons within such institutions. (n) Aircraft. The use of any mechanical loudspeakers or amplifiers in any moving airplane or any other kind of aircraft, over any part of the Village, for advertising or other purposes. (o) Open air concerts, musical broadcasts, etc. The playing, broadcasting or transmitting of music in such a manner as would reasonably be calculated to attract a crowd or cause persons to congregate in or on any open space, lot, yard, park, sidewalk or street, or to permit the same to occur on or from any property owned, leased or occupied by said person(s) without first having obtained a permit to do so a provided in section 17-4; except no permit shall be required of any person(s) in order to engage in such activity within the residential property wherein such person(s) resides. Sec. 17-4. Permits for special events. Upon written application to the Village Manager or his or her designee submitted a minimum of ten days prior to an event at which noise levels are expected to violate this chapter, the prohibitions or hour restrictions contained herein may be modified subject to such conditions as the Village Manager may impose. The decision of the Village Manager shall be final and not subject to appeal. (a) Permit application information. The application for a permit under this section shall contain the following information: (1) The name, date of birth, address and telephone number of the person who will be in charge of the activity or event for which a permit is requested; (2) The name of the person or entity seeking the permit; (3) The exact date and time for which. the permit is sought; and (4) The exact location of the activity or event for which a permit is requested -;and (5) A description of the activity or event for which a permit is requested. (b) Permits contents, time restrictions. Permits issued under this section shall specify the date and time during which the activity or event authorized by permit may be conducted. No permit shall be issued which encompasses more than one calendar day, or a span of hours in excess of eight hours. n r shall thc rcqucstcd activity r cvcnt commcncc or continuc bcyond thc hour of 11.00 p.m. 6 (c) Procedures for administrative permits. The Village Manager is hereby authorized to promulgate reasonable rules and procedures for the application, issuance and revocation of such permits. (d) Criteria for permit issuance; posting of bond. Issuance of a permit under this section shall be based on a determination by the Village Manager or his or her designee that the activity or event for which a permit is requested does not constitute a threat to public safety; constitute a danger or impediment to the normal flow of traffic; or constitute a potential disturbance of the peace and quiet of persons outside the premises where the activity or event is located. The Village Manager or his or her designee may require that a bond be posted in an amount sufficient to secure the costs of cleanup, repair or replacement of damage or destruction of property and shall be subject to forfeiture for purposes of paying any such costs. (e) Persons designated as being in charge to be present. The person designated in the permit application required in this section as being the person in charge of the activity or event for which the permit is sought must remain at the location of said activity or event during the entire time stated in the permit. It shall be unlawful and a violation of this section for said designated person in charge to fail to remain in attendance at the location of the activity or event -authorized by the permit for the entire time specifiedin the permit. Sec. 17-5. Exemptions. The terms and prohibitions of this chapter shall not be applied to or enforced against: (a) Any Motor Vehicle, Motorboat or other vehicle of the Village, the County, the State or licensed public utility vehicle within the Village while engaged in necessary public business. (b) Excavation or repairs of bridges, streets, highways, street lights or utilities, by or on behalf of the Village, the County, or the State, or performance of such work during the night if the public welfare and convenience renders it impossible to perform such work during the day. (c) A reasonable use of amplifiers or loudspeakers in 7 the course of public addresses or gatherings which are noncommercial in character; noise generated in the course of special activity or event which has obtained a permit pursuant to section 17-4; noise generated for the purpose of alerting persons to the existence of an Emergency or noise generated in the performance of Emergency work. Sec. 17-6. Enforcement. This chapter shall be enforced by the Village Police Department or any other official of the Village authorized to enforce this chapter. Sec. 17-7. Penalties. (a) Generally. A Village police officer who finds a violation of this chapter, excluding vi lati no f Sccti n 17.3(f) shall issue a verbal warning to the violator requiring immediate correction of the violation. If the violation is not corrected immediately by the violator after issuance of the verbal warning, the police officer shall issue a citation to the violator requiring 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 after 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. (b) Additional Notice Requirements For Violations of Section 17-3(f). A Village police officcr who finds a violation f Section 17 3(f) C nstructi n immcdiatc correction of thc violation. If tho violation is not corrcctcd immcdiatcly by the vi lat r aftcr issuance of thc warning, thc p lice officcr shall issue a citati n to thc vi lator requiring immediate corrcction of thc violation, and shall impose a fine of $150.00 for which the violator shall be liable. If thc violati n is n t c rrcctcd immcdiatcly by thc vi lat r aftcr issuance of thc citation, thc police officer shall issue a sec nd citati n and shall imp sc an additional fine in thc amount of $350.00. For citations issued under Section 17-3(f), 8 Construction, if the violator is not the property owner or the property owner's authorized representative, a copy of each citation shall be provided to the property owner or the property owner's authorized representative. In thc event that thc vi lati n c ntinuco aftcr issuance f the occond citation to thc violator, thc vi lation ___o__ ________u_c a p....blia nuisa kee an... may o..hjcot thc violator to arrcat purouant to State law. Section 1. 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 2. 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 3. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 25th day of February , 1997. Zf PASSED AND ADOPTED on second reading this 11th day of March , 1997. F. FESTA, MAYOR tmtliaTA ALVAREZ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICH DP. JAY EISS, VILLAGE ATTORNEY 703001\Ordinance\Noise.d29 10 Swom to and subscribed before me t February ;7 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 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 EETING MARCH 11, 1997 AN ORDINANCE AMENDING CHAPTER 17 EBNOISE': In the XXXXX Court, was published in said newspaper in the issues of Feb 27, 1997 Afflent 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 xt preceding the first publication of the attached cop of a- ertisement; and altient further says that she has nef er • -id nor promised any person, firm or corporation an cis-: unt, rebate, commission or refund for the purpose of -ec. ing this advertisement for publication In the said 27 day of A.D. 19 ./. (SEAL) Soolde Wllllams personally k Y Av OFFICIAL, NOTARY SEAL Bpi CHERYL H &a1aiR�:iER z/ 0 ca,MiSS;ON NUMBER E CC545384 7, h MY COMPASSION EXPIRES OF FL0 APR. 12,2000 VILLAGE OF KEY BISCAYNE OFFICE OF fltE VILLAGE CLERK .PUBLIC NOTICE Notice is hereby. given that the following -ordinance will be consid- ered on SecondReading by the Key Biscayne Village Council at a meeting to be- held on Tuesday, March 11, 1997, at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key. Biscayne, Fbida: ANORDINANCEOF THE VILLAGE OF KEY-BISCAYNE, FLORIDA;` AMENDING CHAPTER 17 "NOISE" OF THE CODE OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR SEVERABLL:TY; INCLUSION IN THE CODE AND AN Interested patties are invited to appear and be heard. A copy of the proposed ordinance may be obtained at Village Hall, Office01 the Vil- lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149. Interested ":parties may appear at the Public Hearing and be heard with respect to the proposed ordinance. In: accordance with the Americans With Disabilites Act of .1990, ail persons who are :disabled and who need special tions to participate in this proceeding because of that'disablity should -contact: the :Office of the Village Clerk, 91 West McIntyre Street, :Sidle- 201, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not'. later than two business days prior to such proceeding. Should, any persondesire to appeal any decision of the Village x'ognct-7: any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is., made including al: testimony and -evidence upon which any appeal l may be based (F.S. 286.0105). 7127 ConchitaH. Alvarez - Village Clerk 97-4-022795M ORDINANCE NO. 97-8 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE CODE OF KEY BISCAYNE, FLORIDA; CREATING SECTION 30-26- PROHIBITING EX-PARTE COMMUNICATIONS WITH LOCAL GOVERNMENT OFFICIALS ON QUASI-JUDICIAL MATTERS; AUTHORIZING A PROCEDURE FOR SITE VISITS; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, local government officials decisions on quasi- judicial matters must be based upon substantial, competent evidence brought forth on the record at a public hearing; and WHEREAS, the allowance of ex-parte communications between local government officials and the public outside of the public hearing could create a presumption of prejudice as an undue and unbalanced influence on the quasi-judicial process; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE FLORIDA, as follows: Section 1. The Code of Key Biscayne, Florida, is hereby amended by adding a Section to be numbered 30-26, which Section shall read as follows: Sec. 30-26. Ex-Parte Communications. The following process shall apply to quasi-judicial actions pending before the Village Council: (a) Communications Between -Council and Public. All oral and written communications with the public involving quasi-judicial action pending before the Village Council must take place at the public hearing. Outside of the public hearing, the Council is prohibited from discussing the merits of any matter on which action may be taken by the Council. (b) Communications between Council and Staff. Written and oral communications between Council Members and staff shall be allowed. (c) Written Communications. In the event that a Council Member receives a written ex- parte communication, the Council Member shall immediately submit the written communication to staff so that it can be placed in the file and made a part of the record either before or during the public hearing prior to the Council voting on the application. (d) Site Visits. A Council Member may make a site visit regarding a quasi- judicial matter pending before the Council, provided that the existence of the site visit is made a part of the record prior to the Council taking final action on the application. Section 2. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be 2 invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 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 25th day of February , 1997. PASSED AND ADOPTED on second reading this llth day of March , 1997. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI ISS, VILLAGE ATTORNEY 3 103001/Ordinance.Exparte C D JAY WE 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 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 CF KEY BISCAYNE MEETING MARCH 11, 1997 AN ORDINANCE AMENDING CHAPTER 30 aiZONING"OF THE CODE OF KEY BISCAYNE, FLORIDA, ETC. In the XXXXX was published in said newspaper in the issues of Feb 27, 1997 Court, AffiaM 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 • -xt preceding the first publication of the attached ropy . adv= isement; and afflant further says that she has :Inelth r paid nor promised any person, firm or corporation any : cou , rebate, commission or refund for the purpose ''of s- uA . this ad Isement for publication In the said 27 day of (SEAL) Sookie Williams personal) • • Swom to and subscribed before me th497 February A.D. 19 !b! ..!./. l.rrl!YX�� p-gy pc/ OFFICIAL Nol:AI ±SEAL 49e CHERYL H MARY:PER CCAi SSIO5 nut#SER co ¢ C.""5453c4 pr`c 't ' MY CONLSSSIOn EXAPR. 12, PI S VILLAGE OF'KEY BSCAYNEm OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will Abe -consid- ered . on Second Reading by the Key Biscayne Village Council at a i meeting to be held. on Tuesday, March 11, 1997, at 7:00 p.m., in the Council Chamber,: located at 85 West Mclntyre.Street, Second Floor, ' Key Biscayne, Florida: AN -ORDINANCE" OF'THE VILLAGE:'OF KEY-BISCAYNE, , . . . FLORIDA; AMENDING CHAPTER'; 0.'ZONING" OF THE CODE OF -.:KEY BISCAYNE," `FLORIDA; CREATING SECTION 3U-26 PROHIBITING EX-PARTE -COMMUNI- CATIONS WITH -LOCAL :GOVERNMENT OFFICIALS ON QUASI-JUDICIAL MATTERS; AUTHORIZING A PROCE-, DURE FOR SITE VISITS;: PROVIDING FOR SEVERA- BILITY; INCLUSION IN THE -CODE AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. A copy of the �. proposed ordinance may be obtained at Village Hall, Office of the Vil Iage.Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149. Interested parties may appear at the Public -Hearing and be heard: with .respect t the proposed ordinance - In accordance with the Americans -With Disabilities Act of 1990, ail persons who, are:: disabled andwho, need special accommodations to participate in this proceeding because of 'Mal disability should contact the Office of the.. Village. Clerk, 91 West Mcintyre Street, Suite 201x. Key Biscayne, Florida 33149,. telephone number (305) 365-5506, not. later thantwo business days prior to such proceeding. Should any person desire to ,appeal any decision of the Village Council with respect to any. matter to be considered at this meeting,.: i' that person shall insure that a verbatim record of the proceedings Is' made including- all testimony. and evidence upon which -any appeal _. may be based (F.S;286.0105).-: .. 2/27 Conchita H. Alvarez Village Clerk 97-4-022796M ORDINANCE NO. 97- 9 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE EXTENSION OF THE MATURITY DA I OF ITS STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES, SERIES 1995 AMENDING ORDINANCE NO. 95-3, TO CLARIFY THAT THE MATURITY DATE LIMITATIONS ON THE BOND ANTICIPATION NO 1ES ISSUED PURSUANT THERETO DO NOT APPLY TO ANY EXTENSIONS OR RENEWALS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 28, 1995, the Village Council (the "Council") of the Village of Key Biscayne, Florida (the "Village") adopted Ordinance No. 95-3 (the "Ordinance") authorizing the issuance of $7,200,000 Village of Key Biscayne, Florida, Stormwater Utility Revenue Bond Anticipation Notes, Series 1995 (the "Notes"), and on April 11, 1995, the Council adopted Resolution No. 95-11 setting forth the details of the Notes (the "Note Resolution"); and WHEREAS, on April 17, 1995, the Village issued the Notes, and the Notes were purchased by Key Biscayne Bank and Trust Company, now known as SunTrust Bank, Miami, N.A., and First Union National Bank of Florida (collectively, the "Bank"); and WHEREAS, the Notes mature on April 1, 1997 and the Bank, as the sole holder of the Notes, has agreed to extend the term of the Notes an additional 364 days at an interest rate equal to seventy- eight percent (78%) or less of the one year U.S. Treasury Note rate as of the redelivery date of the amended Notes; and WHEREAS, the Ordinance states that the Notes shall mature not later than three (3) years from their date of issuance, and the Council desires to clarify that such maturity limitation not be deemed to apply to any extensions or renewals of the Notes; and WHEREAS, the Council hereby determines it to be in the best interests of the Village to, extend the term of the Notes, and in furtherance thereof, to amend the Ordinance to clarify that extending the original maturity of the Notes for more than one year will not conflict with the Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: SECTION 1. AUTHORIZATION TO EXTEND NOTES. The Council hereby determines it to be in the best interests of the Village to extend the term of the Notes an additional 364 days. The details of such extension shall be determined by this Council by supplemental resolution (which may be an amendment to the Note Resolution). SECTION 2. AMENDMENT OF ORDINANCE. In order to clarify that the three (3) year limitation on the maturity of the Notes was not intended to apply to any renewals or extensions of the Notes, there is hereby added to the end of Section 1 of the Ordinance the following: :49567:1 The three (3) year limitation on the maturity date of the Notes referenced in the preceding paragraph shall apply only to the term of the Notes as originally issued. Any renewals or extensions of the Notes may be for a term not in excess of that authorized under Florida law and as otherwise determined by the Council by supplemental resolution. SECTION 3. OTHER TERMS. All provisions of the Ordinance, other than those specifically amended hereby, shall remain the same. SECTION 4. AUTHORITY OF OFFICERS. The Mayor, the Vice Mayor, the Village Manager, the Village Clerk, the Finance Director and any other proper official of the Village, are and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments (including amended forms of Notes) and to do and cause to be done any and all acts and things necessary or proper for carrying out the actions contemplated by this Resolution. SECTION 5. EFFECTIVE DATE. This Ordinance will become effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 25th day of February, 1997. PASSED AND ADOPTED on second reading this 11th day of March, 1997. RICI LRD J. WEISS, VILLAGE ATTORNEY 74-- A est: CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY MIA:49507:1 2 ✓ S icandi ryyribed before me thisJ, s 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 Bookie 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 MARCH 11, 1997 AN ORDINANCE AUTHORIZING THE EXTENSION OF THE MATURITY DATE OF ITS STORMWATER UTILITY REVENUE BOND, ETC. In the XXXXX Court, was published in said newspaper In the issues of Feb 27, 1997 Milani 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 Said Dade County, Florida, for a period of - receding the first publication of the attached sement; and afflant further says that she has or promised any person, firm or corporation t, rebate, commission or refund for the purpose this advertisement for publication inthe said day of 7 , A.D. 19 (SEAL) Bookie Williams personally k p,RY pU OFFICIAL NOTARY SEAL B! CHERVIL. H li;.ATMER �0 commsaiav samara u2▪ .1 - e CC545384 Tee FOF BP • MY C APR. S92 200D S. VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE_CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be consid- ered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, March 11, 1997, at 7:00 p.m., in the • Council Chamber, tocatedat 85 West McIntyre Street, Second Floor, Key Biscayne,; Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;- AUTHORIZING THE EXTENSION OF THE... MATURITY DATE OF ITS STORMWATER UTILITY REVENUE BONE - ANTICIPATION„NOTES, SERIES 1995; AMENDING ORDINANCE NO. 95.3, TO, CLARIFY ,THAT THE ..MATURITY DATE LIMITATIONS ON THE BOND ANTICIPATION NOTES ISSUED PURSUANT THERETO DO NOT APPLY TO ANY EXTENSIONS OR RENEWALS; AND PROVIDING FOR AN EFFECTIVE DATE. Interested parties areinvited to appear and be heard. A copy of the proposed ordinance may be obtained at Village Half; Office of the Vil- lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida' 33149. Interested pat -ties may appear at the Public Hearing and be heard with respectto the proposed ordinance. - In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need, special accommodations to. participate inthis proceeding because of disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision, of the Village Council with respect to any matter to be considered at this meeting, '. ' • that person shall insure thata verbatim record of the proceedings is made including all testimony and evidence uponwhich any appeal may be based (FS. 286.0105). . ConchtaI-k Alvarez Village Clerk 2/27 ___ 97-4-022798M._. ORDINANCE NO. 97-10 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 19 "PARK RULES AND REGULATIONS" OF THE VILLAGE CODE BY CREATING SECTION 19-16 "MOTOR VEHICLE PARKING LOT DECAL PROGRAM" TO PROVIDE PREFERENCE TO RESIDENTS OF THE VILLAGE FOR PARKING AREAS; PROVIDING. FOR SEVERABILITY, PENALTY, INCLUSION IN THE CODE, IMPLEMENTATION AND AN EFFECTIVE DATE. WHEREAS, certain areas of the Village are developed having only limited municipal parking available; and WHEREAS, the Village desires from time to time to establish and provide municipal parking lots, to serve as areas for the parking of motor vehicles for residents of the Village; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS': Section 1. That Chapter 19, "Park Rules and Regulations," of the Village Code is hereby amended by creating Section 19-16 "Municipal Motor Vehicle Parking Lot Decal Program," to read as follows:. Z has been added to existing language; 1 >:.;;: struck through tcxt has been deleted from existing language. 2 an' a' sliatt 3 Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the `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. Section 5. Implementation. The provisions of this ordinance shall not be implemented, as to any on -street parking area, unless and until any necessary approvals from Metropolitan Dade County under Section 30-388.25 have been received and filed of record in the Village Clerk's office. 4 PASSED -AND ADOPTED on first reading this 25th day of February , 1997. PASSED AND ADOPTED on second reading this 8th day of April , 1997. FESTA, MAYOR &if/6 'ate CONCHITA ALVAREZ, VILLAGE CLEWi-- APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY IS VILLAGE ATTORNEY 103001\ORDINANCE\SEC19-I6 5 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 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 CF KEY BISCAYNE MEETING MARCH 11, 1997 AN ORDINANCE AMENDING CHAPTER 19 60PARK RULES AND REGULATIONS", ETC. in the XXXXX was published in said newspaper in the issues of Feb 27, 1997 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 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 n,. preceding the first publication of the attached copy of - • e isement; and affiant further says that shehas neither •aid or promised any person, firm or corporation any dis o rebate, commission or refund for the purpose of sec this advertisement for publication In the said news•. l e/V 2 7 %win n to subscribed before me this., te / February K day of A.D. 19 (SEAL) ,`p,11V Po, Sookie Williams personally k (i 7O -5> ,t OF FLO OFFICIAL NOTARY SEAL CHERYL Li Il1AS:rER CCE axonal A:W..5ER CC5453E4 MY COMMISSION EXP1PES APR, 12,2000 VILLAGE"OF'fCEX BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be consid- ered on Second Reading by the Key Biscayne Village Council at a meeting to be held' an Tuesday; March 14, 1997;. at 7:00 p.m., in the Council Chamber, located at 56 West McIntyre Street, Second Floor, Key Biscayne, Florida, - - AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA -AMENDING- CHAPTER 19 ."PARK RULES -.-AND. REGULATIONS` OF hE VILLAGE CODE BY CREATING SECTION 19-16'MOTOR"VEHICLE PARKING:LOT DECAL PROGRAM': TO PROVIDE- PREFERENCE TO RESIDENTS OF THE VILLAGE "FOR PARKING IN CERTAIN AREAS; PROVIDING FOR- SEVERABILITY, PENALTY, INCLUSION :. 114 THE CODE, IMPLEMENTATION -AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. A copy of the proposed -ordinance may be obtained at Village Hall, Office: of the Vil lage Clerk, 91 West McIntyre Street, Suite 201, Key Itiscayne, Florida 33149. Interested parties may -appear at the Public Hearing and be „heard with respect to the proposed ordinance. In accordance with'the Americans With Disabilities Act of 1990, all persons who are disabled and:who needspecial accommodations to. participate in this proceeding because:,of ;that disaf»IIty should contact the office of the Village Clerk, .91 West McIntyre Street, -Suite 201, Key.,BPseayne, Florida 33149,. telephone -number (305) 365.5506, not .. ."later Nan twobusiness days prior to suds proceeding. Should -any person desire to appeal "any decision of the Village Councik with respect to anymatter to be oonsxlered.at this meetmg, - that person shalF• msure lhat verbatim record 0f the proceedings made includingall testimony and evidence upon which any appeal may be based (RS. 286.0105). - t .. ConchitaH. Alvarez 'I Village Clerk 2/27 - 97-4-022797M ORDINANCE NO. 97-41 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AMENDMENT OF THE VILLAGE CHARTER BY AMENDING SECTION 5.02, "INITIATIVE AND REFERENDUM" TO PROVIDE FOR TIME LIMIT FOR COMMENCEMENT OF PROCEEDINGS FOR THE EXERCISE OF REFERENDUM POWER CONCERNING ANY ORDINANCE AUTHORIZING ISSUANCE OF DEBT; AMENDING SECTION 7.05, "CHARITABLE CONTRIBUTIONS" TO PROVIDE FOR REVISION OF COUNCIL VOTE REQUIREMENT FOR CHARITABLE CONTRIBUTIONS AND TO PROVIDE FOR COUNCIL VOTE REQUIREMENT FOR ISSUANCE OF GRANTS; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR ADOPTION OF ENABLING RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 6.02(a) (i) of the Charter of the Village of 'Key Biscayne provides that the Council may, by ordinance, propose amendments to the Charter subject to approval by the electorate at the next general election or at a special election called for such puLpose; and WHEREAS, the Council has determined to submit certain proposed -Charter amendments for approval or disapproval by the electors, in addition to the proposals recommended by the Charter Revision Commission. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS': Section 1. That Section 5.02, "Initiative and referendum" of the Village Charter, is amended by revising paragraph (ii) (A) of subsection (a) of this Section to read as follows: ' Underlined text has been added, struck through text has been deleted from existing language. Section 5.02. Initiative and referendum. (a) Power to initiate and reconsider ordinances. (i) Initiative. The electors of the Village shall have power to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a Village election; provided that such power shall not extend to the annual budget or capital program or any ordinance appropriating money, levying taxes or setting salaries of Village officers or employees. (ii) Referendum. (A) The electors of the Village shall have power to require reconsideration by the Council of any adopted ordinance and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a Village election, provided that such power shall not extend to the annual budget or capital program or any ordinance appropriating money, levying taxes or setting salaries of Village officers or employees. The referendum power described in paragraph (ii) (A) of this subsection (a) shall not be available to require reconsideration of an ordinance authorizing the issuance of debt unless proceedings with respect to the referendum are commenced within thirty (30) days after the date of adoption of the ordinance. Section 2. That Section 7.05, "Charitable Contributions" of the Village Charter is amended to read as follows: .Section 7.05. Charitable contributions. The Village shall not make any charitable contributions to any person or entity, except such contributions as have been approved. by a.44 -e--4)- five (5) Council Members., Section 3. That Section 7.'05, "Charitable Contributions" of the Village Charter is amended to read as follows: Section 7.05. Grants and Charitable contributions. The Village shall not make any grants or charitable contributions to any person or entity, except such grants as have been approved by five (5) Council Members or contributions as have been approved by all seven (7) Council Members. Section 4. Form of Ballot. The form of ballot for the Charter amendments provided for in Sections 1, 2 and 3 of this Ordinance shall be as follows: TIME FOR REFERENDUM PROCEEDINGS CONCERNING ORDINANCE AUTHORIZING ISSUANCE OF DEBT 'The current Village Charter does not generally provide a time limit for commencement of proceedings for exercise of the referendum power to require the Village Council to reconsider an ordinance. The Village Council has proposed that the Charter be amended to require referendum proceedings to be commenced within thirty (30) days of ordinance adoption for the reconsideration of any ordinance authorizing the issuance of debt. Shall the above described amendment be adopted? Yes [ ] No [ ] CHARITABLE CONTRIBUTIONS TO REQUIRE FIVE (5) COUNCIL MEMBER VOTES The current Village Charter requires that no charitable contribution be made unless approved by all seven (7) Council Members. The Village Council has proposed that the Charter be amended to require that no charitable contribution be made by the Village unless it has been approved by the affirmative vote of five (5) Council members. Shall the above described amendment be adopted? Yes [ ] No [ ] GRANTS TO REOUIRE FIVE (5) COUNCIL MEMBER VOTES the Village Council has proposed that instead of amending the Charter to require that no grant be made by the Village unless it has been approved by all seven (7) Council Members, as recommended by the Charter Revision, Commission, that the Charter be amended to require the affirmative vote of five (5) Council Members for grant approval. Shall the above described amendment be adopted? Yes [ ] No [ ] Section 5. 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 unconstitutionai,`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 6. Inclusion in the Charter. 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 Charter of the Village of Key Biscayne as to. each Charter amendment measure approved by a majority of voters voting on such measure in such election; 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 7. Enabling Resolution. The Village Council shall provide for enactment of an, enabling resolution submitting the proposed amendments to the electorate pursuant.. to Section 5.03 of the Dade County Charter. Section 8. Effective Date. This Ordinance shall be effective upon adoption on second reading, and each of the Charter amendment measures provided herein shall be effective only upon approval of a majority of electors voting on the measure, effective upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. PASSED` AND ADOPTED on first reading this 1st day of April , 1997. PASSED AND ADOPTED on second reading this 8th day of April , 1997. R JOHN F. FESTA Aida/ Village Clerk Approved as to form and legal sufficiency Village Attorney \103001\ordinanc\ballot.m21 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 0 VILLAGE OF KEY BISCAYNE MEETING APRIL 8, 1997 AN ORDINANCE AMENDING SECTION 5.02, "INITIATIVE AND REFERENDUM", ETC in the MXXX•$ Court, was published fn said newspaper in the issues of mar 28, 1997 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 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 attached copy ot.advertisement; and affiant further says that she has neither paid nor promised any pers•.-, - or corporation any di •• =-bate, commies • •r -fund •r the purpose #•sec ng _s advertise 1jl or • ublica on in the said new (SEAL) - Octelma V. Ferbeyp a co OF OFFICIAL NOTARY SEAL PR .G0,-.... { JANETT L I,ERENA WnitB2Aft$ss,cN NUMBER s Q CC566004 e 14Y COMMISSION EYJHRES JUNE 23,2000 -AGE F'KEY BISCAYNE- e, OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE ---Notice' jn he?epy -Yvan-that the following ordinance wits be consid- ered on SecondBeading ,by the Key Biscayne Village Council at a I ;meeting to be head an Tuesday- April 8, 1997, at 7.00 p.m., in the Council Chamber,; localedat 85...West McIntyre Street, Second Floor t Key Biscayne.,Ftonda. - AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE - FLORIDA PROVIDING -FOR AMENDMENT OF THE VIL- LAGE CHARTER BYE. AMENDING SECTION 5.02, "INITIATIVE AND REFERENDUM' TO PROVIDE FOR TIME LIMIT FOR' COMMENCEMENT OF PROCEEDINGS FOR EXERCISE OF REFERENDUM POWER -CONCERNING AN ORDINANCE AUTHORIZING' ISSUANCE OF DEBT; AMENDING SECTION T.05, 'CHARITABLE CONTRIBU- TIONS" TO PROVIDE FOR -"REVISION OFCOUNCIL VOTE REQUIREMENT FOR CHARITABLE CONTRIBUTIONS AND TO PROVIDE FOR COUNCIL VOTE REQUIREMENT FOR ISSUANCE' OF GRANTS; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; �, PROVIDING FOR SEVERABILITY, PROVIDING FOR IN- CLUSION INTHE CHARTER PROVIDING FOR ADOPTION t r OF ENABUNG.-RESOLUTION; PROVIDING FOR. -AN EF- FECTIVE DATE Interested padres are invited lo appear and be heard A copy of the proposed ordinance may be obtained at Village Hall, Office of the Vil- lage Clerk, 91 Westtvtclntyre Street, Suite 201, Key Biscayne, Florida +33149 Interested parties may appear at the Public Hearing and be heard with respect to the proposed ordinance. The final adoption ofthis Ordinance en April 8, 1997 is subject to the adoption of this Ordinance on -first reading on April 1, 1997. In accordance -with the Americans With Disabilities Act of 1990, all persons who: aredisabled and who need special accommodations to --r 'participate in this proceeding because of that disability should contact - the, Office of the Village Clerk,.: 91 West McIntyre -Street, Suite 201, Key :Biscayne, :Florida 33149, telephone number (305) 365-5506, not's Later than two business days prior to such prnceeding. Should any person desire to appeal any decision, of the Village - 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 includirig. all testimony and evidence upon which any appeal- I :may be based (F.S. 286 01.05). Corichna H. Alvarez Village Clerk :`3/28 ., 9Z.4, -032804M'. ORDINANCE NO. 97-12 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING ARTICLE III, "UTILITY TAX" OF CHAPTER. 25 "TAXATION" •OF THE VILLAGE CODE, PROVIDING FOR THE CONTINUED IMPLEMENTATION OF THE UTILITY TAX AUTHORIZED BY SECTION 166.231, ET. SEQ., FLORIDA STATUTES, TO CONTINUE TO LEVY AND IMPOSE UTILITY TAX UPON THE PURCHASE WITHIN THE VILLAGE OF KEY BISCAYNE OF ELECTRICITY, WATER, METERED GAS, BOTTLED GAS, COAL, FUEL OIL AND TELECOMMUNICATIONS SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 8.04 of the Village Charter of the Village of Key Biscayne (the "Village"), until otherwise modified by the Village Council, all municipal taxes and fees imposed within the Village boundaries by Metropolitan Dade County (the "County") as the municipal government for unincorporated Dade County, which taxes and fees were in effect on the date of adoption of the Village Charter, shall continue at the same rate and on the same conditions as if those taxes and fees had been adopted and assessed by the Village; and WHEREAS, the Village Council finds that the above -cited Charter provision is effective by operation of law to continue the levy and imposition of the utility tax (the "Utility Tax") provided by Section 29-36, et. seg. of the Metropolitan Dade County Code (the "County Code") as authorized by Section 166.231, et. seq., F1a.Stat., upon the purchase in the Village of electricity, water, metered gas, bottled gas, coal, fuel oil and telecommunications service (the "Utility Services"), without the necessity for adoption of an ordinance by the Village; and WHEREAS, the Village Council has been advised that certain providers of Utility Services may have concerns regarding the continued application of Village Charter Section 8.04 pertaining to the imposition of the Utility Tax and may assert that the adoption of an enabling ordinance is necessary for the continued levy and imposition by the Village of such Utility Tax; and WHEREAS, although the Village Council believes that no further action is necessary, it wishes to expedite the continued payment of Utility Taxes to the Village and avoid a lengthy technical debate with any Utility Service providers; and WHEREAS, the Village Council finds that the enactment of this ordinance will protect the public health, safety and welfare of the residents and inhabitants of the Village and secure revenues which are due and owing to the Village. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. . That the Village Code is hereby amended by creating Article III "Utility Tax" of Chapter 25 "Taxation", to read as follows:. ARTICLE III. UTILITY TAX Sec. 25-50. Definitions For the purposes hereof, the following words and phrases shall have the meanings respectively ascribed to them by this section: 2 Bottled Gas: All types and kinds of natural, liquefied petroleum and manufactured gas for lighting, heating, cooking, power or any other purpose delivered to any purchaser thereof within the incorporated area of the Village. Village: Village of Key Biscayne, Florida. Coal: All coal for lighting, heating, cooking, power, energy or any other purpose competing with any other utility or energy source taxed under this ordinance delivered to any purchaser thereof within the incorporated area of the Village. Electricity: All electric current or energy for lighting, heating, cooking, power or any other purpose delivered to any purchaser thereof within the incorporated area of the Village. Finance Director: The Village Manager or his designee. Fuel Oil: All bunker C oil, number 1 and 2 fuel oil, and kerosene or any combination thereof capable of being used for lighting, heating, cooking, power or any other purpose and delivered to any purchaser thereof within the incorporated area of the Village. Metered Gas: All types and kinds of natural and manufactured gas for lighting, heating, cooking, power or any other purpose delivered to any purchaser thereof within the incorporated area of the Village. Purchase: Every act or transaction whereby possession of, utilization of, control over or title to Electricity, Water, Metered Gas, Bottled Gas, Coal, Fuel Oil, Telecommunications Service, and the duty and obligation to pay therefor become vested in the purchaser within the incorporated area of the Village, but such term shall not pertain to nor include any such Purchase act or transaction when undertaken or performed by an agency or instrumentality of the United States Government, the State, the County or a municipality. Purchaser: Every person legally liable for 3 the payment of Electricity, Water, Metered Gas, Bottled Gas, Coal or Fuel Oil delivery, or telecommunications service rendered to such Purchaser, by a seller, unless such person is an agency or instrumentality of the United States Government, the State, the County, a municipality, or a house of public worship, which qualifies for exemption from the State sales tax under Section 212.08(7)(c)(1), Florida Statutes. Seller: Every person delivering Electricity, Water; Metered Gas, Bottled Gas, Coal or Fuel Oil, or rendering Telecommunications Service to any Purchaser thereof. Taxable Telecommunications Service: Purchases within the incorporated area of the Village of Telecommunications Service which originates and terminates in this State, excluding public telephone charges collected on site, charges for any foreign exchange service or any private line service except when such services are used or sold as a substitute for any telephone company switched service or dedicated facility by which a telephone company provides a communication path, access charges, and any customer access line charges paid to a local telephone company. However, purchases of Telecommunications Service as described in subsection (b) of the definition of Telecommunications Service below shall be taxed only on the monthly recurring customer service charges excluding variable usage charges. Telecommunications Service means: (a) Local telephone service, toll telephone service, including wide -area telephone service, telegram or telegraph service, teletypewriter or computer exchange service, or private communication service; or (b) Cellular mobile telephone or Telecommunications Service; or specialized mobile radio, and pagers and paging, service, including but not limited to "beepers" and any other foam of mobile and portable one-way or two-way communication; but does not include services or equipment incidental to 4 Telecommunication Services enumerated in this paragraph such as maintenance of customer premises equipment, whether owned by the customer or not, or equipment sales or rental for which charges are separately stated, itemized, or described on the bill, invoice, or other tangible evidence of the provision of such service. Telegraph service: All types and kinds of services as are rendered by telegraph companies to any Purchaser of such service within the incorporated area of the Village. Telephone service: All types and kinds of service as are rendered by telephone companies to any Purchaser of such service within the incorporated area of the Village, including service relating to coin -box telephones installed within the incorporated area of the Village, insofar as such service requires the payment of a guaranteed amount, but such term shall not pertain to nor include the service rendered at the time of and in consideration of the deposit of money in the telephone coin - boxes. Water service: The water supply furnished to all consumers in the incorporated area of the Village for retail use and not for resale, except water delivered to a Purchaser in a bottle or other container. Sec. 25-51. Rate and amount of excise tax on purchase of public utility services: Collection of tax. There is hereby levied and imposed by the Village upon every purchase in the incorporated area of the Village of Electricity, Water, Metered Gas, Bottled Gas, Coal, Fuel Oil, and Telecommunications Service included in or reflected by any bill rendered by the Seller to the Purchaser an excise tax which shall be determined as follows: (I) (a) When the Seller, in accordance with rules and regulations, renders a bill to the Purchaser to cover purchases, except for purchases of Taxable Telecommunications Services, made during the period of time to which the bill is applicable, the amount of excise tax shall be ten (10) percent of the total amount shown on any such bill due and payable on account of such purchases (not exceeding four cents ($0.04) per gallon for purchases of fuel oil), exclusive of governmental charges, annual service fees collected pursuant to Section 32-54 of the County Code. (pertaining to water service), and adjustments caused by the increased cost of energy - producing fuels, provided such governmental .charges, service fees, taxes and fuel adjustments are shown separately on any such bill. (b) When the Seller, in accordance with rules and regulations, renders a bill to the Purchaser to cover purchase of Taxable Telecommunications Service made during the period of time to which the bill is applicable, the amount of excise tax shall either be seven (7) percentof the total amount charged for any Taxable Telecommunications Service provided within the incorporated area of the Village, or seven (7) percent of the total amount billed for such Taxable Telecommunications Service to a telephone or telephone number or telecommunications number or device, or customer's billing address located within the incorporated area of the Village, if the location of the Taxable Telecommunications Service provided cannot be determined. (2) In the use and application set out in this section, purchases of 6 Electricity, Metered Gas, Bottled Gas, Coal, Fuel Oil, Telecommunications Service and Water Service, shall be considered and treated as constituting and being distinct and unrelated classes of purchases, and in the event that more than one (1) such class shall be shown upon the same bill, the amount of excise tax payable pursuant hereto shall be determined and computed for each such class separately. (3) The Seller is required and it shall be Seller's duty to render to each Purchaser bills covering all such purchases made, and the amount of such excise tax shall be entered and shown by the Seller as a separate item on each such bill and shall become due and payable to the Village whenever such bill becomes due and payable under the rules and regulations of the Seller. Each such bill shall include purchases applicable to but one (1) location, or to but one (1) family or business where more than one (1) family or business uses separate metered services at one (1) location in the incorporated areas of the Village. (4) The Purchaser is required and it shall be Purchaser's duty to pay such excise tax to the Seller, as agent for the Village, at the time of the payment of each such bill, and in the event that the Purchaser shall fail, neglect or refuse to pay such excise tax to the Seller when such bill becomes due and payable, the Seller is hereby empowered to discontinue forthwith to make any further sales or to render any further service to the Purchaser until the total amount, including such excise tax, shown upon such bill has been paid in full. The Seller is hereby authorized and required and it shall be Seller's duty to collect such excise tax from 7 such Purchaser at the time of the payment of each such bill and to remit the same to the Finance Department of Village in accordance with the provisions hereinafter stated, provided that the Seller shall have the right and privilege of assuming and paying such excise tax itself in lieu of collecting the same from the Purchaser; and that whenever the Seller shall fail or neglect to collect such excise tax from the Purchaser within one (1) year from the date of the bill on which such tax was or should have been imposed, the Seller shall be deemed to have assumed such excise tax itself and shall thereupon become liable for the payment of the amount thereof to the Village to the same extent as if such excise tax had been collected from the Purchaser, with further recourse to the Purchaser therefor. (5) This section shall be applicable to all bills for Electricity, Metered Gas, Bottled Gas, Coal, Fuel Oil, Taxable Telecommunications Service, and Water Service; except that any bills for the purchase of sixteen (16) ounces or less of Bottled Gas. in a container or less than one (1) gallon of Fuel Oil shall be exempt from taxation under this ordinance, and further in reference to those purchases enumerated in Section 166.231, Florida Statutes, this ordinance shall only apply to the extent permitted therein; the sale of Fuel Oil and Coal to a public or private utility; either for resale or for use as fuel in the generation of Electricity; or the sale of fuel used for the propulsion of land, water or air vehicles or as fuel for other engines, the use of which does not compete with those utilities or energy sources specified in Section 166.231, Florida Statutes. There is further exempted from the tax hereby imposed, Fuel Oil and Electricity used to operate farm machinery, irrigation pumps and agricultural first -processing machinery. Sec. 25-52. Remittance of tax to Village by Seller. Every Seller is hereby required to execute and file not later than the twentieth day of each month at the office of the Finance Department of Village a certified statement on a form prescribed by such Department, setting forth the amount of such excise tax to which the Village became entitled under the provisions hereof on account of bills paid by Purchasers during the preceding fiscal month, and contemporaneously with the filing of such statements, shall pay the amount of such excise tax to the Finance Department. Failure to timely remit the tax shall obligate the Seller to pay to the Village a penalty of one (1) percent thereof per month or fraction thereof during the period of delinquency; provided, however, that the Village Council may, by resolution, waive all or part of said penalty. All collected tax and penalties shall be deposited to the credit of the general fund of the Village to be expended for Village purposes. Sec. 25-53. Records to be kept. Every Seller is hereby required to establish and maintain appropriate accounts and records showing in such detail as the Finance Director may prescribe the amount of such excise tax payable to the Village under the provisions hereof; and such accounts and records shall be open to inspection by the Finance Director or his duly authorized agent at all reasonable times. The Finance Director is hereby authorized and empowered to promulgate from time to time such rules and regulations with respect to the establishment and maintenance of such accounts and records as he or she may deem necessary to carry into effect the purpose and intent of the provisions hereof. Sec. 25-54. Reports of deliveries for resale. Every manufacturer, distributor, wholesaler or Seller who shall deliver Electricity; Metered 9 Gas, Bottled Gas, Coal, Fuel Oil, Telephone Service, Telegraph Service or Water Service to any Seller or other person having a place of business in the incorporated area of the Village, or licensed to do business therein, to be sold or resold to ultimate Purchasers, shall report to the Finance Department semi- annually, as of June 30th and December 31st, the names and addresses of such Sellers or other persons, and the quantities received by each of them during the preceding six (6) months, such reports to be filed not later than one month after the close of each semi- annual period. Sec. 25-55. Recognition of expense in regulation of rates. (a) All reasonable expense incurred by a Seller in making the collections and remittances and in fulfilling the duties prescribed herein is hereby declared to be and to constitute an operating expense and shall be accorded full recognition as such in the establishment of rates and charges for rendering Electricity, Metered Gas, Bottled Gas, Coal, Fuel Oil, or Water Service in the Village. (b) For the purpose of compensating the Seller of Taxable Telecommunications Service, the Seller shall be allowed one (1) percent of the amount of the tax collected and due to the Village in the form of a deduction from the amount collected for remittance. The deduction is allowed as compensation for keeping of records and collection of tax and remitting the same. To the extent that Village officials will deem it necessary to travel out of the Village to examine the Seller's books and records required to be kept under Section 25-53 of this ordinance, out of pocket expenses as a result of such travel shall be reimbursed to the Village by the Seller out of this one (1) percent service charge. Sec. 25-56. Violations. It shall be unlawful and a violation hereof for any Purchaser to evade the payment of the excise tax provided for herein or any part 10 thereof, or to fail or neglect to pay such excise tax within thirty (30) days after the same has become due and payable; or for any Seller to fail or refuse to pay to the Village all amounts of excise tax payable to the Village by the Seller, or to fail or refuse to file the monthly certified statement or to set forth any erroneous or false information therein with intent to defraud the Village, or to refuse to permit the Finance Director or his or her duly authorized agent to examine the accounts and records to be kept as required hereby. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in 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, 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 immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 1 day of April , 1997. 11 PASSED AND ADOPTED on second reading this 29th day of April , 1997. F. FESTA, MAYOR AVavede ITA ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Sf214 Al‘ krVaek' 717 - RICHARD JAY WEISS, VILLAGE ATTORNEY 103001\ORDINANC\UTILITY. TAX 12 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and _ -- -- ------ -- . LegalH6lidays 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 PUBLIC NOTICE AN ORDINANCE CREATING ARTICLE III, "UTILITY TAX" OF CHAPTER 25 "TAXATION", ±ri'Ce APRIL 29, 1997 in the M44 Court, was published in said newspaper in the issues of Apr 17, 1997 Affient further saysthat 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 Miamiin said. Dade County, -Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and attiant further says that she has neither paid , •r promised any per • - rm ^ r corporation any disco rebate, commissl • r • fund f • r the purpose of sec rig.ull° advertise on In the said new 17 ay of... (SEAL) Octelma V. Farb and subscribed before me this ril 97 D.19 OFFICIAL NOTARY SEAL JANETT LLERENA Ilscislitteiareson NUMBEE 00566004 coLfr/C.90 ti EXAMS JUNE 23,2000 VILLAGE OF KEY BISCAYNE', PUBLIC NOTICE I Notice is hereby given that the following ordinance will be consid- Ilered on Second" Reading.by the Key Biscayne Village Council at a meeting to be held` on Tuesday, April 29, 1997, at 7:00 p.m., in. the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: -` I AN ORDINANCE- tv THE VILLAGE -OF .KEY FLORIDA; CREATING ARTICLE III, 'UTILITY TAX' OF CHAPTER 25 'TAXATION OF THE VILLAGE, CODE, PROVIDING EOETHE CONTINUED IMPLEMENTATION' OF THE iUTILITY-TAX AUTHORIZED BY SECTION 166231, ET. SEQ:, FLORIDA STATUTES, TO CONTINUETO LEVY AND IMPOSE UTILITY -:TAX UPON THE fURGNASE WilHIN THE VILLAGE, -OF` KEY BISCAYNE OF 4. ELECTRICITY, WATER,"METERED=GAS, BOTTLED GAS, COAL. FUEL OIL - - ANDTELECOMMUNICATIONSSERVICE;-PROVIDING FOR- " FOR 'INCLUSFON IN THE CODE AND PROVIDING FOR AN EFFECTIVEDATE. Interested parties a"re envied to appear and be'heard A copy of the proposed ordinance may be.obtained at Village -Hall Office of. the Vil- lage Clerk, 9t West McIntyre Street, Suite 201, Key Biscayne,Honda 33149. Interested parties may appear at the Public Hearing: and be. heard with respect,to theproposed 4rdrnari°e. `' - In accordance -with the Americans With Disabilities Act of 1990, ah: personsTwtib are disabled and who need specie.' ecoommodatiens to rtici t hs Off ce of the ate in this Village Clerk, 91u West McIntyre Street, Suite 20se of that disadilitY shduld 1,, Key Biscayne, Ronda 33149, telephone number. (305) 365-5506, not': later than two business days prior to such proceeding. Should any persondesire to appeal any decision of the Village 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 evidenceupon which any -appeal.; H. AlvareZmay be based (F.&286.0105). Conchita H. Alvarez Village Clerk :4/17 _-. _ - __ __ -97=4-asinstt ORDINANCE NO. 97-13 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1996-1997 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 1996-1997 Village budget was adopted pursuant to the Village Charter and based upon estimates of revenues and expenses in various categories; and WHEREAS, as a result of operations for the fiscal year, certain changes are necessary in various categories for fiscal year 1996-1997; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Budget Amendments Approved and Adopted. The Budget of the Village of Key Biscayne for fiscal year 1996-1997 is hereby amended as outlined in Exhibit "A" to this ordinance. Section 2. Effective Date. This ordinance shall become effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 10th day of June , 1997. PASSED AND ADOPTED on second reading this 24th day of June , 1997. VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHMkD JAY WEISS, VILLAGE ATTORNEY EXHIBIT "A" TO ORDINANCE 97-13 REVISED ACCOUNT # DESCRIPTION CURRENT INCREASE REVISED ALLOCATION TOTAL REVENUES R0000-1-322 EXPENSES BUILDING PERMITS $ 400,000 X3302-1-515 PART TIME INSPECTORS $ 131,700 $ 100,000 $ 500,000 $ 100,000 $ 231,700 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 onoath 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 OP KEY BISCAYNE AN ORDINANCE AMENDING THE 1996-1997 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT NAu in the gX.4 • Ri Court, was published in said newspaper in the issues of Jun 12, 1997 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 nextpreceding the first publication of the attached copy ot.adveriisement; and affiant further says that she has neither paid nor promised any pe..,•• • r corporation any disco - rebate, comm i- -• •r rid f• the purpose of sec ' 9 t adverts = publicatl • n in the said new (SEAL) Octelma V. Ferbeyre personally known to me. fore me this 97 .D.19 OFFICI OTARY Y PUS ANEATTNLLER'ENAL S'A19MSSAN NUMBER c CC566004 FOr 4FLOO MY J OMMI ION EXPIRES IL -LACE ' QF WEIrElISCAYNE = -- PUBLIC NOTICE I. Noticeis hereby, given that the following ordinance wit beconsid-`: (ered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday June 24, 1997, at 7:00 p.m:, in the Council Chamber, located at 85 WestivtcIntyre Street; Second -Floor, :Key Biscayne, Florida: AN ORDINANCE. OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1996-1997 VILLAGE BUDGET AS PROVIDED FOR "ONEXHIBIT"A'; PRO- 'MDING'FO'R-AN EFFECTIVE DATE. tnteiested panes ale invited to appear and be heard. A copy et the proposed ordinance moray be obtained at Village Hall, Office of the Vil- lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida :33149. Interested parties may appear at the Public Hearingand be. [heard with respect to the proposed ordinance. In accordance with the Americans With Disabilities Act of 1990, at persons who are disabled and whoneed special accommodations to Iparticipate irr this proceeding because Of that disability should contact the Office of the Vitage Clerk, 91 West McIntyre Street, Suite 201, :Key Biscayne, Florida 33149, telephone number (305) 365-6506, not -. tater than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village 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 at testimony and evidence upon which any. appeal >. :may be based (F.S. 286.0105). Conctfita H. Alvarez Village Clerk 6/12 97 -4 -061294M;` -J ORDINANCE NO. 97-14 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING DIVISION 2 "PURCHASING" OF ARTICLE IV "FINANCE" OF CHAPTER 2 "ADMINISTRA- TION" OF THE VILLAGE CODE BY AMENDING SECTION 2-87 "EXEMPTIONS FROM COMPETITIVE BIDDING" AND CREATING SECTION 2-88 "DESIGN -BUILD CONTRACTS" TO PROVIDE PURCHASING PROCEDURE FOR DESIGN - BUILD CONTRACTS AWARDED PURSUANT TO SECTION 287.055, FLORIDA STATUTES WHEREAS, pursuant to Section 287.055, Fla. Stat., municipalities awarding design -build contracts in accordance with the procedures of Section 87.055, _-a. Stat., are required to adopt a specific purchasing procedure concerning the evaluation and award of design -build contracts for public improvements; and WHEREAS, the village Manager has recommended that the attached purchasing procedure for award of design -build contracts (the "Procedure") be adopted for utilization in the evaluation and award of design -build contracts for public improvements; and WHEREAS, the Village Council finds that the adoption of the attached Procedure is in the best interests of the Village. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That Chapter 2 "Administration" of the Village is hereby amended by amending Section 2-87 "Exemptions Competitive Bidding" of Division 2 "Purchasing" of Artic "Finance" to read as followsl: Section 2-87 Exemptions from Competitive Bidding. The following shall beexempt from the competitive bidding procedures outlined in this division: Code from le IV lAdditions to existing text are underlined, deletions are indicated by otrikcout. 1. Transactions described in Section 2- 82 (a) . 2. Contracts for professional services. 3. Other contracts as provided by state law. 4. Design -build contracts pursuant to Section 287.055, Fla. Stat. Section 2. That the Village Code is hereby amended by amending Division 2 "Purchasing" of Article IV "Finance" of Chapter 2 "Administration" of the Village Code by creating Section 2-88 entitled "Design -Build Contracts" to read as follows: Section 2-88 Design -Build Contracts. In accordance with Section 287..^55, Fla. Stat. the Village shall award design -build contracts in accordance with the procedures provided by this section. (A). Preparation of Design Criteria Package. The Village's consulting engineer or other design criteria professional employed or retained by the Village shall prepare the design criteria package (the "Design Criteria") which shall be included in the "Request For Proposals" (the "RFP") for the design and construction of a public construction project. (B) . Solicitation of Competitive Proposals. 1. Proposals shall be solicited from design -build firms using the RFP. 2. The evaluation of the responses submitted shall be conducted in accordance with the criteria and procedures established in this Ordinance, including the procedure for ranking specified in paragraph (D) below. (C). Evaluation/Selection Committee. 1. An Evaluation/Selection Committee (the "Committee") shallbe appointed by the Village Manager for the purpose of evaluating proposals and making a recommendation of the most qualified firms to the Village Manager. The Committee shall consist of the following persons: Page 2 of 6 Pages a. The Village's consulting engineer or other design criteria professional employed or retained by the Village or his designee; b. The Village's Finance Director or his designee, and; c. The Village Manager or his designee. (DY. Proposal Evaluation Factors; Process. 1. The following factors and corresponding -weights shall be used by the Committee in the initial evaluation process designated as."Part At."' a. experience - b. track record timeliness construction The proposers design -build score 0-25; The proposers reputation as indicated by the quality of completed designs - score 0-35; and and and c. The proposers organizational approach and project team qualifications geared to resolve site constraints, project interface and meet the project schedule score 0-25, and; d. The proposers design documentation in accordance with the Design Criteria - score 0-15. The criteria weighting described above may be revised by resolution of the Village Council for a particular project. The applicable criteria weighting, as revised, shall be stated in the RFP. Criteria a through d are - "Part A. Criteria." 2. The Committee will review the Part A Criteria and will rank the proposals ("Part A Rankings"). 3. The Committee will then, open the separately sealed cost/compensation element of each proposal designated as "Part B," and will rank the proposals by price (independent of Page 3 of 6 Pages the evaluation of Part A Rankings (the "Part B Rankings"). 4. An overall ranking shall be calculated by dividing each proposer's price by the Part A Ranking to arrive at an "Adjusted Ranking." The Committee will then place not less than three firms (providing that there are three responsive proposers) on a short list based upon Adjusted Ranking and submit its recommendation for award to the Village Manager (the "Short List"). 5. Following receipt and consideration of the Short List, the Village Manager will prepare a recommendation to the Village Council for award of the c retract t& D. a of the proposals on the Short List. 6. The Village Council shall award the contract from the Short List as it determines to be in the best interest of the Village in accordance with this Ordinance. Alternatively, the Council may reject any or all proposals. (E). Utilization of Design Criteria Professional. The Village's consulting engineer or other design criteria professional employed or retained by the Village, shall provide professional engineering services to the Village in connection with the supervision or approval by the Village of the detailed working drawings of the project and for the subsequent evaluation of compliance of the construction with the Design Criteria. (F). Exception for Emergencies. In the case of a public emergency, the Village Manager may declare an emergency and authorize negotiations with the best qualified design -build firm available at the time in lieu of utilizing the selection procedures provided herein. Page 4 of 6 Pages (G). Implementation of -Procedure. The purchasing procedure provided herein shall be further implemented pursuant to design -build contract specifications and pursuant to any additional implementing procedures provided by the Village Manager. 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'," a. d p1'x ase-s of t Lis 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 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, 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 immediately upon -adoption on second' reading and shall apply retroactively to any design -build contract for which a request for proposals is issued after June 1, 1997. Page 5 of 6 Pages PASSED AND ADOPTED on first reading this June , 1997. PASSED AND ADOPTED on second reading this July 1997. nITA ALVAREZ, VILLAGE CLE 24 day of 1st day of F. FESTA, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Page 6 of 6 Pages MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays 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 PUBLIC NOTICE— 7/1/97 ORDINANCE AMENDING DIVISION 2 "PURCHASING"- OF ARTICLE IV "FINANCE" OF CHAPTER 2, ETC in the XXXXX was published in said newspaper in the issues of Jun 20, 1997 Court, Affiant further says that the said Miami Daily Business Review isa 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 •aid nor promised any person, firm or corporation any s ount, rebate, commission or refund for the purpose of - ngthis advertisement for publication in the said per. (SEAL) Sookie Williams personally d subscribed before me this 97 19 Y Ft, OFFICFAL NOTAR EAL Bpi JANETT LLERENA yy��44 n COMraSS1ON NUMBER 00566004 MY COMMISSION EXPIRES OF FL9 JUNE 233,2000 VILLAGE OF KEY BISCAYNE' PUBLIC NOTICE Notice is hereby given that the following ordinance witbe consid- ered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, July 1, 1997, at 7:00 p.m., in. the Counca Chanter located at 85 West McIntyre Street Second Floor, Key Biscayne;. Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDAAMENDING DIVISION 2."PURCHASING" OF ARTICLE IV "FINANCE" OF CHAPTER 2 "ADMINISTRA- TION" OF THE VILLAGE CODE BY AMENDING SECTION 2- 87 'EXEMPTIONS FROM COMPETITIVE BIDDING° AND CREATING SECTION 2-88 "DESIGN -BUILD CONTRACTS" TO PROVIDE PURCHASING PROCEDURE'- FOR DESIGN - BUILD CONTRACTS AWARDED PURSUANT TO SECTION. 287.055, FLORIDA STATUTES. Interested parties are invited to appear and be heard. A copy of the proposed ordinance may be obtained at Village Hall, Office of the Vif lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149. Interested parties may appear at the Public Hearing and be heardwith respect to the proposed ordinance. The final adoption of this Ordinance on July 1, 1997 is subject to the adoption of this Ordinance on firstreading on June 24;1997: In accordance with the Americans With Disabilities Act of 1990, all persons who are disabledand who need special accommodations to participate in this proceeding because of that disability should contact the Office of thei\tillage Clerk; 91 West McIntyre Street, Suite 201,. Key Biscayne, Florida 33149,. telephone number (305)-365-5508, not ;later than twobusiness days prior to such proceeding Should eny person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall Insure that a verbatim. record of the proceedings is madeincluding au testimony and evidence upon which any appeal i 'may be based (RS. : 286.0105):, Conchae. H.. Alvarez Village Clerk 6/20. 97-4-062007M ORDINANCE NO. 97-15 AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CALLING A SPECIAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 9, 1997, TO FILL THE UNEXPIRED TERM OF VILLAGE COUNCILMEMBER CREATED BY THE RESIGNATION OF COUNCILMEMBER CHRISTINA DEARING REED, IN ACCORDANCE WITH VILLAGE CHARTER SECTION 2.05(c)(ii); PROVIDING FOR CONDUCT OF ELECTION; ESTABLISHING QUALIFYING PERIOD TO FILE FOR COUNCIL VACANCY; PROVIDING FOR EFFECTIVE DATE; DECLARING EMERGENCY. WHEREAS, Village Councilmember Christina Dearing Reed has resigned from the Village Council effective as of July 9, 1997; and WHEREAS, pursuant to Village Charter Section 2.05(c)(ii), it is necessary to hold a special election no sooner than thirty days nor more than ninety days following the occurrence of the Councilmember vacancy; and WHEREAS, it is necessary to expeditiously fill the vacancy so as to assure that a full Council will be in place for the September, 1997, budget hearings; and WHEREAS, it is necessary to establish a qualifying period for filing to run for the vacancy on the Village Council; and WHEREAS, it is necessary to enact this Ordinance on an emergency basis. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Emergency Declared. Pursuant to Section 4.04 of the Village Charter an emergency is hereby found and declared which necessitates the adoption of this Ordinance on an emergency basis, so as to enable the vacancy on the Village Council to be filled prior to the annual budget hearing which must be held in September, 1997, and to provide a qualifying period for candidates for this special election. Section 2. Special Election Called. A special election is hereby called for Tuesda, September 9, 1997, for the purpose of electing a person to the Village Council to fill the vacancy created by the resignation of Councilmember Christina Dearing Reed, to serve for the unexpired portion of the term of Councilmember Reed. Section 3. Election, Run -Off. If any candidate for the Council seat receives a number of votes greater than fifty percent (50%) of the total number of ballots cast such candidate shall be duly elected to the Council. If no candidate for the Council receives a number of votes greater than 50% of the total number of ballots cast a run-off election shall be held one week later on Tuesday, September 16, 1997. Section 4. Qualifying. It shall be the duty of any person desiring to become a candidate for election to the office of Village Council, for the Council seat vacancy sought to be filled by this special election, to file a written notice of candidacy with the Village Clerk during the qualifying period (the "Qualifying Period") commencing at 8:30 a.m. on Thursday, July 17, 1997, and expiring at 4:30 p.m. on Wednesday, July 23, 1997, accompanied by the qualification fee required by Section 2.04 of the Village Charter and the additional election assessment imposed by Florida Statutes. The place of qualification shall be the office of the Village Clerk and the hours of qualifying during the Qualifying Period shall be from 8:30 am. to 4:30 p.m. during each day of the Qualifying Period, excluding Saturday and Sunday. Only electors of the Village who have resided continuously in the Village for at least one year preceding the date of such filing shall be eligible to hold the office of Councilmember, as provided by Section 2.04 of the Village Charter. 2 Section 5. Election Procedure. The special election shall be held and conducted in the manner prescribed by law for holding elections. Places of voting in such special election shall be the designated places of voting within the Village for general elections, unless otherwise provided by the Village Council. The polls shall be open at such voting places on the date of such special election and any run-off election from 7:00 a.m. to 7:00 p.m. on said day. All qualified electors residing within the Village shall be entitled, qualified and permitted to vote at such special election. Section 6. Registration Books. The registration books of the Village, under the supervision of the Metropolitan Dade County Supervisor of Elections shall be closed for a period of twenty-nine (29) days before said election and shall remain closed subsequent to the election as provided by law. Section 7. Village Clerk. The Village Clerk, acting as the local supervisor of elections, is hereby authorized and directed to file and cause to be published a notice of election as provided by law, and to take all other action necessary for the designation of election inspectors and clerks, printing and delivery of ballots and other actions. The Village Clerk is further authorized and directed to make appropriate arrangements with the Metropolitan Dade County Supervisor of Elections for the use of the necessary voting machines and for the preparation, printing and delivery of the official ballots for use in said voting machines and any additional service necessary for the conduct of the election. Section 8. Notice of Election. That notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the Village at least 30 days prior to said election, the first publication to be in the fifth week prior to the election, and the second publication to be in the third week prior to the election, and shall be accomplished by publication in substantially the following form: 3 VILLAGE OF KEY BISCAYNE NOTICE OF SPECIAL ELECTION All interested persons are hereby advised that the Village Council of the Village of Key Biscayne (the "Village") has called a Special Election to be held in the Village on Tuesday, September 9, 1997, for the election of a Councilmember to fill the unexpired term of Office of Councilmember Christina Dearing Reed, as a result of her resignation. The polls will be open from 7:00 a.m. to 7:00 p.m. on the date of the election. The qualifying period for candidates to file to run for the Council vacancy commences on July 17, 1997 and expires on July 23, 1997, in accordance with Ordinance No. 97-15 of the Village. Qualifying papers and a copy of the Ordinance calling the Special Election are available for inspection at the Office of the Village Clerk located at 85 West McIntyre Street, Key Biscayne, Florida 33149 during regular business hours. Section 9. Test of Equipment. Pursuant to Section 101.5612 Florida Statutes a logic and accuracy test will be conducted on the automatic tabulating equipment to be used in this special election as determined by the Metropolitan Dade County Supervisor of Elections. Section 10. Effective Date. This Ordinance, upon adoption as an emergency ordinance, shall become effective immediately upon adoption. PASSED AND ADOPTED, as an emergency ordinance, by two thirds vote of the Council, on this 11th day of July, 1997. VIC YOR MICHELE PADOVAN T: 4,dage CHITA ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY 03001\ordinance\special.ele 4 ORDINANCE NO. 97-16 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CALLING A SPECIAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 9, 1997, TO FILL THE UNEXPIRED TERM OF VILLAGE COUNCILMEMBER CREATED BY THE RESIGNATION OF COUNCILMEMBER CHRISTINA DEARING REED, IN ACCORDANCE WITH VILLAGE CHARTER SECTION 2.05(c)(ii); PROVIDING FOR CONDUCT OF ELECTION; ESTABLISHING QUALIFYING PERIOD TO FILE FOR COUNCIL VACANCY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Village Councilmember Christina Dearing Reed has resigned from the Village Council effective as of July 9, 1997; and WHEREAS, pursuant to Village Charter Section 2.05(c)(ii), it is necessary to hold a special election no sooner than thirty days nor more than ninety days following the occurrence of the Councilmember vacancy; and WHEREAS, it is necessary to expeditiously fill the vacancy so as to assure that a full Council will be in place for the September, 1997, budget hearings; and WHEREAS, it is necessary to establish a qualifying period for filing to run for the vacancy on the Village Council. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Special Election Called. A special election is hereby called for Tuesday, September 9, 1997, for the purpose of electing a person to the Village Council to fill the vacancy created by the resignation of Councilmember Christina Dearing Reed, to serve for the unexpired portion of the term of Councilmember Reed. Section 2. Election. Run -Off. If any candidate for the Council seat receives a number of votes greater than fifty percent (50%) of the total number of ballots cast such candidate shall be duly elected to the Council. If no candidate for the Council receives a number of votes greater than 50% of the total number of ballots cast a run-off election shall be held one week later on Tuesday, September 9, 1997. Section 3. Qualifying. It shall be the duty of any person desiring to become a candidate for election to the office of Village Council, for the Council seat vacancy sought to be filled by this special election, to file a written notice of candidacy with the Village Clerk during the qualifying period (the "Qualifying Period") commencing at 8:30 a.m. on Thursday, July 17, 1997, and expiring at 4:30 p.m. on Wednesday, July 23, 1997, accompanied by the qualification fee required by Section 2.04 of the Village Charter and the additional election assessment imposed by Florida Statutes. The place of qualification shall be the office of the Village Clerk and the hours of qualifying during the Qualifying Period shall be from 8:30 a.m. to 4:30 p.m. during each day of the Qualifying Period, excluding Saturday and Sunday. Only electors of the Village who have resided continuously in the Village for at least one year preceding the date of such filing shall be eligible to hold the office of Councilmember, as provided by Section 2.04 of the Village Charter. Section 4: Election Procedure. The special election shall be held and conducted in the mariner prescribed by law for holding elections. Places of voting in such special election shall be the designated places of voting within the Village for general elections, unless otherwise provided by the Village Council. The polls shall be open at such voting places on the date of such special election and any run-off election from 7:00 a.m. to 7:00 p.m. on said day. All qualified electors 2 residing within the Village shall be entitled, qualified and permitted to vote at such special election. Section 5. Registration Books. The registration books of the Village, under the supervision of the Metropolitan Dade County Supervisor of Elections shall be closed for a period of twenty-nine (29) days before said election and shall remain closed subsequent to the election as provided by law. Section 6. Village Clerk. The Village Clerk, acting as the local supervisor of elections, is hereby authorized and directed to file and cause to be published a notice of election as provided by law, and to take all other action necessary for the designation of election inspectors and clerks, printing and delivery of ballots and other actions. The Village Clerk is further authorized and directed to make appropriate arrangements with the Metropolitan Dade County Supervisor of Elections for the use of the necessary voting machines and for the preparation, printing and delivery of the official ballots for use in said voting machines and any additional service necessary for the conduct of the election. Section 7. Notice of Election. That notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the Village at least 30 days prior to said election, the first publication to be in the fifth week prior to the election, and the second publication to be in the third week prior to the election, and shall be accomplished by publication in substantially the following form: VILLAGE OF KEY BISCAYNE NOTICE OF SPECIAL ELECTION All interested persons are hereby advised that the Village Council of the Village of Key Biscayne (the "Village") has called a Special Election to be held in the Village on Tuesday, September 9, 1997, for the election of a Councilmember to fill the unexpired term of Office of Councilmember Christina Dearing Reed, as a result of her resignation. The polls will be open from 7:00 am. to 7:00 p.m. on the date of the election. 3 The qualifying period for candidates to file to run for the Council vacancy commences on July 17, 1997 and expires on July 23, 1997, in accordance with Ordinance No. 97-15 of the Village. Qualifying papers and a copy of the Ordinance calling the Special Election are available for inspection at the Office of the Village Clerk located at 85 West McIntyre Street, Key Biscayne, Florida 33149 during regular business hours. Section 8. Test of Equipment. Pursuant to Section 101.5612 Florida Statutes a logic and accuracy test will be conducted on the automatic tabulating equipment to be used in this special election as determined by the Metropolitan Dade County Supervisor of Elections. Section 9. Effective Date. This Ordinance shall become effective immediately upon adoption on second reading and shall serve to continue the effect of Ordinance No. 97-15. PASSED AND ADOPTED, on first reading, on this 11th day of July, 1997. PASSED AND ADOP I'ED, on second reading on this 26th day of August, 1997. ATT T. ed.a:IgAve CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARDV) WEIt; :VIE GE ATTORNEY 103001\ordinance\special2.ele 4 aa:181511107199 REC ORDINANCE 97-17 • ¶fl3 i-.--=2v0 --•'" --" -, AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SMALL SCALE DEVELOPMENT AMENDMENT TO THE VILLAGE OF KEY BISCAYNE COMPREHENSIVE MAS IER PLAN; AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL TO TWO FAMILY RESIDENTIAL FOR SEVERAL PARCELS OF REAL PROPERTY LOCATED ON FERNWOOD ROAD; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne adopted its Comprehensive Master Plan on September 12, 1995; and Ordinance 95-8 accepted byDCA on October 20, 1995. WHEREAS, the State of Florida, Department of Community Affairs has found the Comprehensive Master Plan in compliance with the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Village desires to amend. the Future Land Use Map of the Master Comprehensive Plan and ,the proposed amendmentaffects the use of less than ten (10) acres and otherwise meets the criteria fora small scale development amendment as provided for. in Section 163.3187(1) (c), Florida Statutes; WHEREAS, the Local Planning Agency, after a public hearing has recommended adoption of the amendment; and WHEREAS, the Village Council, after public hearing, hereby finds that the following amendment to the Comprehensive Master Plan is consistent -with the State Plan, Regional Plan and the Village's Master Comprehensive Plan; complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act; and is in the best interest of the health, safety and welfare of the residents of the Village of Key Biscayne. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Future Land Use Map of the Comprehensive Master Plan of the Village ofKey Biscayne is amended to change the land use designation from Medium Density Single Family Residential to Two Family Residential for those parcels of real property specifically described in GEF. 18 15 I �LU I LU REC. Exhibit "A", attached hereto and incorporated herein. Section 2. The Village Clerk is directed to send a copy of this Ordinance and any required notices to the State of Florida Department of Community Affairs and the #2egional Planning Council. Section 3. If any section, sentence, clause or phrase of this Ordin ce is held to be invalid or unconstitutional by any court of competent jurisdiction, then said hold' g shall in no way affect the validity of the remaining portions of this Ordinance. Section 4. The Plan Amendment set forth in this Ordinance shall be of effective as follows: (a) Thirty-one (31) calendar days from the date of adoption, if ho timely petition is filed challenging the Amendment or (b) the State of Florida, Department of Community Affairs or the Administration Commission issues a final order determining that the amendment is in compliance with Chapter 163, Florida Statutes. ATT if a timely petition is filed, the amendment shall become e PASSED AND ADOPTED on first reading this 24th day of June, 1997. ctive on the date PASSED AND ADOP 1'ED on second reading this 26th day of August, 1?97. ,-afflio/aleyet CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIC RD J. WEISS, VILLAGE ATTORNEY VILLAGE OF KEY BISCAYNE FLORIDA Proposed Master Plan Amendment From Medium Density Single Family Residential to Two Family Residential /d' I H I i M M\ Two Family Residential: This category of land use is intended to allow for the use of one single family detached home or two single family attached dwelling units on lots of at least 7,500 sq ft of net area. Other uses allowed on land within this vc"-(ory include public parks, primary and secondary schools, houses of worship and public utility facilities i ssary to serve the uses wihin this category. The 7,500 sq ft lot size limitation shall not preclude the continued use, development or redevelopment of a single family detached home or two single family attached dwelling units on a smaller lot where such lot or parcel was platted or otherwise of record prior to adoption of this Plan. I 11 1 11 1 II dRdI I H I I RED. 18 15 I Pc0722 EXHIBIT "A" Property Address Le2a1 Description 240 FERNWOOD RD PB 53-39 LOT I BLK 21 LOT SIZE 71.960 X 100 OR 14376-3219 0789 5 250 FERNWOOD RD PB 53-39 LOT 2 BLK 21 LOT SIZE 80.880 X 100 OR 14505-2324 0390 4 260 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT 3 BLK 21 LOT SIZE 76.940 X 100 73R-305409 270 FERNWOOD RD PB 53-39 LOT4 BLK21 LOT SIZE 76.940 X 100 OR 171694394 0296 1 280 FERNWOOD RD PB 53-39 LOT 5 BLK 21 LOT SIZE 76.940 X 100 OR 17313-1256 0596 4 290 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT 6 BLK 21 LOT SJ7F 76.940 X 100 OR 14436-444 0290 4 300 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT 7 BLK 21 LOT SJ7F 76.940 X 100 OR 11130-1893 0581 1 310 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT 8 BLK 21 LOT SJ7F 76.940 X 100 OR 9193-832 R«:10151 PC0723 EXHIBIT "A" Property Address Legal Description 330 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT9 BLK21 LOT SIZE 76.940 X 100 714 FERNWOOD RD LOT 1 BLK 17 LOT SIZE 77.360 X 100 OR 15735-1783 1192 1 726 FERNWOOD RD BISCAYNE KEY ESTS PB 50-61 LOT2 BLK17 LOT SIZE 77.260 X 100 OR 16606-0066 1294 1 738 FERNWOOD RD LOT 3 BLK 17 LOT SIZE 77.260 X 100 OR 11847-646 0683 6 750 FERNWOOD RD LOT 4 BLK 17 LOT SI7F 77.260 X 100 OR 13143-2620 1286 4 762 FERNWOOD RD BISCAYNE KEY ESTS PB 50-61 LOT 5 BLK 17 LOT SIZE 77.260 X 100 OR 13261-2539 0487 1 774 FERNWOOD RD LOT 6 BLK 17 LOT SIZE 77.260 X 100 OR 9490 1306 786 FERNWOOD RD LOT 7 BLK 17 LOT SIZE 77.260 X 100 REC. I i 3 l l U(L4 EMBEIT "A" Proeerty Address 798 FERNWOOD RD Legal Description BISCAYNE KEY ESTS PB 50-61 LOT 8 BLK 17 LOT SIZE 81.770 X 100 OR 10008 591 0278 1 ()Fk18i51P107 5 REC. 1 tJ i lJ VILLAGE OF KEY BISCAYNE Office of the Village Clerk Village Council John E Festa, Mayor Mortimer Fried, Vice Mayor Martha Eder -Ledo Broucek Gregory C. Han Hugh T. O'Reilly Michele Padovan Betty Sime Village Clerk Conchita H. Alvarez CERTIFICATION STA1E OF FLORIDA COUNTY OF DADE I, Conchita H. Alvarez, duly appointed Village Clerk of the Village of Key Biscayne, Florida, do hereby certify that the attached is a true and correct copy of: Ordinance No. 97-17, adopted by the Village Council on August 26, 1997. IN WITNESS WHEREOF, l hereunto set my hand and affix the Seal of the Village of Key Biscayne, Florida, this 11th day of June , 1998. edaw to H. Alvarez e Clerk ge of Key Biscayne, Florida 85 West McIntyre Street • KeyBiscayne, Florida 33149 • (305) 365-5506 • Fax: (305) 365-8936 • Internet: http://vkb.key-biscaynett.us MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT:' 18151Fr-0726 REL'. DOCUMENT COVER PAGE FOR ORDINANCE 97-17 This instrument was prepared by: Record and return to: David M. Wolpin, Esq. Weiss, Serota Helfinan Pastoriza & Guedes, P.A. 2665 South Bayshore Drive Suite 420 Miami, FL 33133 RECORDED In OFFICIAL RECORDS 8001 OF OADE COUNTY, FLORID. RECORD VERIFIED HARVEY ROAN Gf. ?s.:-QttTCttgr ORDINANCE 97-17 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SMALL SCALE DEVELOPMENT AMENDMENT TO THE VILLAGE OF KEY BISCAYNE COMPREHENSIVE MASTER PLAN; AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL TO TWO FAMILY RESIDENTIAL FOR SEVERAL PARCELS OF REAL PROPERTY LOCATED ON FERNWOOD ROAD; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne adopted its Comprehensive Master Plan on September 12, 1995; and Ordinance 95-8 accepted by DCA on October 20, 1995. WHEREAS, the State of Florida, Department of Community Affairs has found the Comprehensive Master Plan in compliance with the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Village desires to amend the Future Land Use Map of the Master Comprehensive Plan and the proposed amendment affects the use of less than ten (10) acres and otherwise meets the criteria for a small scale development amendment as provided for in Section 163.3187(1) (c), Florida Statutes; WHEREAS, the Local Planning Agency, after a public hearing has recommended adoption of the amendment; and WHEREAS, the Village Council, after public hearing, hereby finds that the following amendment to the Comprehensive Master Plan is consistent with the State Plan, Regional Plan and the Village's Master Comprehensive Plan; complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act; and is in the best interest of the health, safety and welfare of the residents of the Village of Key Biscayne. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Future Land Use Map of the Comprehensive Master Plan of the Village of Key Biscayne is amended to change the land use designation from Medium Density Single Family Residential to Two Family Residential for those parcels of real property specifically described in Exhibit "A", attached hereto and incorporated herein. Section 2. The Village Clerk is directed to send a copy of this Ordinance and any required notices to the State of Florida Department of Community Affairs and the Regional Planning Council Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 4. The Plan Amendment set forth in this Ordinance shall be effective as follows: (a) Thirty-one (31) calendar days from the date of adoption, if no timely petition is filed challenging the Amendment or (b) if a timely petition is filed, the amendment shall become effective on the date the State of Florida, Department of Community Affairs or the Administration Commission issues a final order determining that the amendment is in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPTED on first reading this 24th day of June, 1997. PASSED AND ADOP 1'ED on second reading this 26th day of August, 1997. AT CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIC J. WEISS, VILLAGE ATTORNEY JOHN F. FESTA, MAYOR EXHIBIT "A" Property Address 240 FERNWOOD RD Legal Description PB 53-39 LOT I BLK 21 LOT SIZE 71.960 X 100 OR 14376-3219 0789 5 250 FERNWOOD RD PB 53-39 LOT2 BLK21 LOT SIZE 80.880 X 100 OR 14505-2324 0390 4 260 FERNWOOD RD TROPICAL ISLE HOMES SUB 4111 LOT 3 BLK 21 LOT SIZE 76.940 X 100 73R-305409 270 FERNWOOD RD PB 53-39 LOT4 BLK21 LOT SIZE 76.940 X 100 OR 17169-4394 0296 I 280 FERNWOOD RD PB 53-39 LOT 5 BLK 21 LOT SIZE 76.940 X 100 OR 17313-1256 0596 4 290 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT 6 BLK 21 LOT SIZE 76.940 X 100 OR 14436-444 0290 4 300 FERNWOOD RD TROPICAL ISLE HOMES SUB 4111 LOT 7 BLK 21 LOT SI7F 76.940 X 100 OR 11130-1893 0581 1 310 FERNWOOD RD TROPICAL ISLE HOMES SUB 4111 LOT8 BLK21 LOT SIZE 76.940 X 100 OR 9193-832 EXHIBIT "A" Property Address 330 FERNWOOD RD Legal Description TROPICAL ISLE HOMES SUB 4TA LOT 9 BLK 21 LOT SIZE 76.940 X I00 714 FERNWOOD RD LOT 1 BLK 17 LOT SIZE 77.360 X 100 OR 15735-1783 1192 1 726 FERNWOOD RD BISCAYNE KEY ESTS PB 50-61 LOT 2 BLK 17 LOT SIZE 77.260 X 100 OR 16606-0066 1294 1 738 FERNWOOD RD LOT 3 BLK 17 LOT SI7F 77260 X 100 OR 11847-646 0683 6 750 FERNWOOD RD LOT 4 BLK 17 LOT SIZE 77.260 X 100 OR 13143-2620 1286 4 762 FERNWOOD RD BISCAYNE KEY ESTS PB 50-6I LOT 5 BIZ 17 LOT SIZE 77.260 X 100 OR 13261-2539 0487 1 774 FERNWOOD RD LOT6 BLK17 LOT SIZE 77.260 X 100 OR 9490 1306 786 FERNWOOD RD LOT 7. BLK 17 LOT SI7F 77.260 X 100 EXHIBIT "A" Property Address 798 FERNWOOD RD Leeal Descrintion BISCAYNE KEY ESTS PB 50-61 LOT 8 BLK 17 LOT SIZE 8I.770 X 100 OR 10008 591 0278 1 ORDINANCE NO. 97-18 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY AMENDING ARTICLE HI "SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30- 53.1 "SCHEDULE OF DEVELOPMENT CRITERIA; BUILDING PLACEMENT, SETBACKS; PERMITTED ENCROACHMENTS; DENSITY; HEIGHT; MINIMUM LOT SIZE, ETC." SECTION 30-54 "ROOFTOP AND ROOF OVERHANGS," SECTION 30-56 "LOT ELEVATION," SECTION 30-60 "FENCES AND WALLS," SECTION 30-61 "ACCESSORY BUILDINGS AND USES;" SECTION 30-63 "DOCKS AND MOORING PILES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village Council desires to amend the land development regulations provided by Chapter 30 "Zoning" of the Village Code in a manner which will enhance the quality of life in the Village; and WHEREAS, this Ordinance shall serve to accomplish such purpose; and WHEREAS, in accordance with Section 20-1 of the Village Code, the Village Council has been designated as the local planning agency for the Village pursuant to Section 163.3174 Florida Statutes; and WHEREAS, the Village Council has reviewed this Ordinance and has determined that the regulations provided herein are consistent with the applicable provisions of the Comprehensive Plan of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS': Section 1. That Article III, Supplemental District Regulations for Single Family Development, of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby amended by amending subsection (1) "Principal Building Placement (Setbacks)" of Section 30-53.1, entitled "Schedule Of Development Criteria; Building Placement, Setback; Permitted Encroachments; Density; Height; Minimum Lot Size, Etc." to read as follows: Sec. 30-53.1. Schedule of development criteria; Building placement, Setbacks; Permitted Encroachments; Density; Height; Minimum lot size, etc. The schedule of development criteria, building placement, setbacks, density, height, minimum lot size shall be as provided in paragraphs 1-4 below. 1) PRINCIPAL BUILDING PLACEMENT (SETBACKS) Village Residential Village Estate Island Residential (Interior) Island Residential (Waterfront) Parkside Residential FRONT 20.0'* 25.0' 25.0' 7.5' 15.0' 25.0' 25.0' 25.0' 20.0'* REAR 25.0'* 25.0' 25.0'* INT. SIDE 7.5' 7.5' 15.0' 7.5' SIDE STREET 15.0' 15.0' 15.0' 15.0' * A Portion of the principal structure in the Village Residential and Parkside Residential Districts may extend to a point up to 15' fifteen feet from the front and or rear property line when that portion of the structure is no greater than 40 percent of the width of the lot at the 15' setback. When that portion of the structure is greater than 2025 feet in width, the wall height may not exceed 14 feet as measured from BFE (elevated) or the lowest finished floor (non -elevated). 1/ Underlined text has been added; struck through text has been deleted from existing language. 2 of 8 Section 2. That Article III, Supplemental District Regulations for Single Family Development, of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby amended by amending Section 30-54 entitled "Rooftop and roof overhangs" to read as follows: Sec. 30-54. Rooftop and roof overhangs. (a) Principal building roofs in all single family districts must adhere to the following regulations: Hip Roofs shall be symmetrically pitched between 4:12 and 8:12 ratios. Gable End Roofs shall be symmetrically pitched between 6:12 and 84212:12 ratios. Profile molded gables may be pitched to a 4:12 minimum ratio. Flat roofs shall have a minimum parapet height of one foot (1') Shed Roofs shall have a minimum pitch of 3:12 ratio. (b) Roof overhang. No portion of a roof, including the gutter shall be permitted to extend beyond five feet from the exterior wall of a building, nor may any portion of a roof extend closer than three and one-half feet from any interior side property line, nor two and one-half feet from the front or side street property line. When a scupper drainage system is used in connection with a flat roof, the scupper cannot be located closer than seven and one-half feet from any property line. (c) Recreational uses: No recreational facilities shall be permitted on the roof of any structure within the single family zoning districts. Section 3. That Article III, Supplemental District Regulations for Single Family Development, of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby amended by amending Section 30-56 entitled "Lot elevation" to read as follows: Sec. 30-56. Lot elevation. (a) Generally. For the purpose of regulating lot elevations there is hereby established two three zones. The "Front Zone" being the area between the building and any adjacent street(s) but in no event being less than 15' from any street(s). The "Rear Zone" being the area from the building 3 of 8 to the rear and intcrior interior and rear property line(s) (or to the waterfront zone. if applicable) and to the back of the "Front Zone." The "Waterfront Zone" being the entire area within fifteen fcct (15') twenty-five feet (25') from any waterway. (b) Height (1) `Front Zone ". When a lot is filled for development purposes the area delineated as the front zone may not be filled to an elevation greater than two feet (2') above the average crown of road. (2) 'Rear Zone". When a lot is filled for development purposes the area delineated as the "Rear Zone" may not be filled to an elevation greater than two and one-half feet (2.5') below the established B.F.E. al (M) "Waterfront Zone." When a lot is filled for development purposes the area delineated as the "Waterfront Zone" may not be filled to an elevation greater than 6 inches (6") above the existing bulkhead. Exclusions. Where necessary for the implementation of septic systems the afore- mentioned requirements may be waived by the Director for only the portion of the lot required for the septic system. Under no circumstances shall said exclusions exceed minimum requirements for area and elevation. (c) Pools, Pool decks, Terraces. Pools, pool decks and terraces which are located in compliance with the principal building setbacks and included in lot coverage computations may exceed the above -stated restrictions up to a maximum elevation of B.F.E. Section 4. That Article HI, Supplemental District Regulations for Single Family Development, of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby amended by amending Section 30-60 entitled "Fences and Walls" to read as follows: Sec. 30-60. Fences and walls. (a) Generally. For purposes of regulating perimeter fences and walls, there is hereby established tcve three zones. The "Front Zone" being the area between any building and the adjacent street(s) but in no event less than 15 feet from the street, and the "Rear Zone" being the area from the back of the Front Zone to the rear property line or to the waterfront zone (if applicable). and the "Waterfront Zone" being the entire area within 15 feet 25 feet from any waterway. 4 of 8 (b) Maximum Height. (1) Front Zone. Except for arches, columns, gates and other ornamental entry features which may extend to eight feet in height, the height between any building and adjacent street(s) shall be limited to six feet as measured from the crown of the road. (2) Rear Zone. Six feet from the average grade of the lot or to the allowable height of a permitted wall on the contiguous lot. The height, when measured from the grade of the contiguous lot is further limited to eight feet, except by mutual consent of the contiguous lot owners, the height may extend to four and one-half feet above BFE. (3) Waterfront Zone. Four feet from the height of the existing bulkhead or existing naturalgrade. (c) Finish. (1) All walls between any building and the adjacent street(s) must be finished on all side(s). Masonry walls must be stuccoed and painted and wood fences must have no exposed nail points. (2) Rear Zone. All concrete walls must be finished on the exterior face (stucco and paint) except where adjacent and contiguous to an existing wall. All wood fences must be finished so that no nail points are exposed or visible. (d) Chain link fences. Chain link fences are prohibited in the Front Zone. Section 5. That Article III, Supplemental District Regulations for Single Family Development, of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby amended by amending paragraph (g) "No rooftop access" of Section 30-61 entitled "Accessory buildings and uses" to read as follows: Sec. 30-61. Accessory buildings and uses. (g) No rooftop access. No rooftop access is permitted for any accessory structure located in the rear zone of interior lots. 5 of 8 (h) Waterfront View Corridor. Not withstanding permitted setbacks listed in Section 30-61 (d), Accessory Buildings located in the rear yard of waterfront lots must be located so as not to encroach into the waterfront view corridor. The Waterfront View Corridor shall be defined by triangles commencing at each property corner at extending along the rear and side lot lines for a distance of 25' feet. Section 6. That Article III, Supplemental District Regulations for Single Family Development, of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby amended by amending Section 30-63 entitled "Docks and mooring piles" to read as follows: Sec. 30-63. Docks and Mooring Piles. (a) General Regulations. Notwithstanding the following, no Docking Facility within the single family districts in the Village of Key Biscayne shall be constructed without prior written approval by the Village of Key Biscayne Building, Zoning and Planning Department. The Village reserves the right to deny such permit for any Docking Facility which is determined, under the criteria provided herein and by applicable law, to be detrimental to the equitable, safe, and adequate navigation of all Waterways in the Village. (b) Biscayne Bay and Hurricane Harbor (1) Docks and Mooring piles along Biscayne Bay and Hurricane Harbor shall be governed by the following regulations: (2)(1) Docks and Mooring piles must be set back a minimum of ten feet (10') from the property line extended. No Dock or Mooring pile shall extend into Biscayne Bay a distance of more than 25 fcct one half (%) of the width of the property along Biscaync Bay. (4%3) No dock shall extend into Hurricane Harbor a distance more than twenty-five (25') feet or 20% of the Harbor's width at the point of extension, whichever is greater. { Mooring piles and Dolphins may not extend more than twenty (20') feet from the dock line. (c) Inland canals, lakes and waterway. Docks and mooring piles along island canals, lakes and waterways shall be governed by the following regulations: 6of8 (1) Docks and Mooring must be set back a minimum of ten feet (10') from the side property line extended. (2) No Dock shall extend into any Canal, Lake, or Waterway a distance greater than five (5') feet. (3) No Mooring pile shall extend into Canals, Lakes, and Waterway a distance more than twenty-five (25') feet or 20% of the Canal, Lake or Waterway width at the point of extension, whichever is greater. (4) Where the width of a Canal, Lake or Waterway does not permit the placement of a Dock or outer Mooring pile, Fender Mooring piles may be placed at a distance not to exceed eighteen inches (18") from the property line. 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 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. 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 9. Penalty. Pursuant to Sec. 1-14 of the Village Code, any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. 7 of 8 Each day that a violation continues shall be deemed a separate violation. Pursuant to Section 2-31 et seq. of the Village Code this Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 10. Effective Date. This Ordinance shall be effective immediately upon passage by the Village Council on second reading and shall be applicable retroactive to May 6, 1996. Such retroactive application shall not be applicable to vested rights acquired prior to May 6, 1996. PASSED AND ADOPTED on first reading this 26th day of August, 1997. PASSED AND ADOPTED on second reading this 21st day of October, 1997. ("IN F. FESTA, MAYOR ST: HITA H. ALVAREZ, VILLAGE CLERK APPRO FICIENCY. fir RICHARD J. WEISS, VILLAGE 8 of 8 ORDINANCE NO. 97-19 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ASSESSING AND IMPOSING A .85 PERCENT (.85%) EXCISE TAX ON INSURERS' RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED ON CASUALTY INSURANCE POLICIES COVERING PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE APPROPRIATION OF SAID TAXES TO THE RETIREMENT PLAN ESTABLISHED FOR THE POLICE OFFICERS AND FIREFIGHTERS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING SAID TAX SHALL BE IN ADDITION TO ALL OTHER LICENSE TAXES NOW LEVIED BY THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 26th day of August, 1997, the Village of Key Biscayne, Florida, adopted Ordinance 97- 21 which established the Village of Key Biscayne Police Officers and Firefighters Retirement Plan; and WHEREAS, said Plan and Trust was duly enacted pursuant to Sec. 185.35, Florida Statutes, and in compliance with Ch. 185, Florida Statutes; and WHEREAS, Sec. 185.08, Florida Statutes, authorizes the Village of Key Biscayne, Florida, to levy a .85 percent (.85%) excise tax on Insurers' Receipts of Premiums from policy holders on all premiums collected on casualty insurance policies covering property within the corporate limits of the Village of Key Biscayne, Florida to fund said Retirement Plan and Trust; and WHEREAS, it is the intent of the Members of the Council of the Village of Key Biscayne, Florida, to levy said excise tax. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. There is hereby assessed and imposed on every insurance company, corporation, or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on, the business of casualty insurance as shown by the records of the State Department of Insurance, an excise or license tax amounting to .85 percent (.85%) of the gross amount of receipts of premiums from policyholders on all premiums collected on casualty insurance policies covering property within the corporate limits of the Village of Key Biscayne, Florida. In the case of multiple peril policies with a single premium for both the property and casualty coverages in such policies, thirty percent (30%) of such premium shall be used as the basis for the .85 percent (.85%) tax above. Section 2. All money from taxes imposed by this ordinance is hereby appropriated to the Village of Key Biscayne, Police Officers and Firefighters Retirement Plan, which shall be administered in accordance with the applicable provisions of Chapter 185, Florida Statutes. Section 3. The tax herein assessed and imposed shall be in addition to all other license taxes now levied or hereafter levied by the Village of Key Biscayne, Florida. Section 4. The excise or license tax herein provided for shall be payable and collected in the manner provided for by Chapter 185, Florida Statutes. Section 5. This ordinance shall remain in force until supplemented, amended, repealed or otherwise altered. Section 6. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 7. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Key Biscayne, Florida. Section 8. This Ordinance hereby repeals all Ordinances in conflict herewith. Section 9. This Ordinance shall take effect upon its passage and approval. PASSED AND ADOPTED ON FIRST READING THIS day 26th of August, 1997. PASSED AND ADOPTED ON SECOND READING THIS day 9th of September, 1997. AT 4f1,aa,(6,' CINCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIC J. WEISS, VILLAGE ATTORNEY 28 Swgrnttoo and sustubscribed before me tt4s7 MIAMI DAILY BUSINESS REVIEW Published Daily exceptSaturday, 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 copyof advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE AN ORDINANCE ASSESSING AND IMPOSING A .85 PERCENT (.85%) EXCISE TAX ON INSURERS` RECEIPTS OF PREMIUMS, ETC. untie XNxXX Court, was published in said newspaper in the issues of Aug 28, 199' 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 pe _ ', or corporation any di r, nt, rebate, contra' or the purpose of ring this adverti --nt or public ion in the said day of A.D.19 (SEAL) Octelma V. Ferbeyre PPY PU CHFERYL IOAL NO TARY SEAL ft MARMER *am tcoeirrossion NUMBER = a GC545384 71;44 N MY COMMISSION EXPIRES OF FLO APR. 12,2000 1LI AGE OFJCE'Y BISCAYNE 'e "' PUBLIC NOTICE Notice is hereby given that the following ordinance: will be consid- ered on Second Reading by the Key Biscayne Village Council at a meeting to beheld on Tuesday, September 9, 1997, at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: AN ORDINANCE OFTHE' VILLAGE OF KEY`BISCAYNE, FLORIDA; ASSESSING AND IMPOSING A .85 PERCENT (85%)`. EXCISE TAX ON INSURERS` RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED ON CASUALTY INSURANCE POLICIES COV- ERING PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE OF SAID TAXES TO THE RETIREMENT PLAN ESTABLISHED FOR THE POLICE OFFICERS AND FIREFIGHTERS OF THE` VILLAGE OF KEY BISCAYNE; PROVIDING -SAID TAX SHALL BE IN ADDITION TO ALL OTHER LICENSE TAXES NOW LEVIED 8Y` THE VILLAGE OF KEY, BISCAYNE; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX; PROVIDING FOR SEVER- AS1LITY;:. PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL -OF CONFLICTING ORDINANCE; PRO- VIDING FOR AN EFFECTIVE DATE. ' Interested parties are invited to appear and be heard. A copy of the, proposed ordinance may be obtained at Village Hall, Office of the Vit -?lage Clerk, 91 --West McIntyre Street, Suite 201, Key Biscayne, Florida". 33149` Interested parties lmay appear at the Public Hearing and be neard with respect to the proposed ordinance In accordance with the Americans With Disabilities Act of 1990, all persons who. °are'dsabled-and who need speciat accommodations to paticipate in this proceeding because of that disability should contact: the Office of the Village Clerk, 91 West McIntyre Street, Suite 201," Key Biscayne. Florida 33149, telephone number (305) 3655506, not later than two:business days prior to such proceeding.` Should any 'person- desire to appeal any decision of the Vitlage _COuncit pith respect to any matter to be considered at this meeting„ that person shalt insure that a verbatim :record of the proceedings is made including all testimony and evidence upon which any appeal may be based(F.S. 2830105). Conchae H. Alvarez - Village Clerk 8/28 .97-4-082881M ORDINANCE NO. 97-20 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ASSESSING AND IMPOSING A 1.85 PERCENT (1.85%) EXCISE TAX ON INSURERS' RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED ON PROPERTY INSURANCE POLICIES COVERING PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE APPROPRIATION OF SAID TAXES TO THE RETIREMENT PLAN ESTABLISHED FOR THE POLICE OFFICERS AND FIREFIGHTERS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING SAID TAX SHALL BE IN ADDITION TO ALL OTHER LICENSE TAXES NOW LEVIED BY THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 26th day of August, 1997, the Village of Key Biscayne, Florida, adopted Ordinance 97-21 which established the Village of Key Biscayne Police Officers and Firefighters Retirement Plan; and WHEREAS, said Plan and Trust was duly enacted pursuant to Sec. 175.351, Florida Statutes, and in compliance with Ch. 175, Florida Statutes; and WHEREAS, Sec. 175.101, Florida Statutes, authorizes the Village of Key Biscayne, Florida, to levy a 1.85 percent (1.85%) excise tax on Insurers' Receipts of Premiums from policy holders on all premiums collected on property insurance policies covering property within the corporate limits of the Village of Key Biscayne, Florida to fund said Retirement Plan and Trust; and WHEREAS, it is the intent of the Members of the Council of the Village of Key Biscayne, Florida, to levy said excise tax. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. There is hereby assessed and imposed on every insurance company, corporation, or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on, the business of property insurance as shown by the records of the State Department of Insurance, an excise or license tax amounting to 1.85 percent (1.85%) of the gross amount of receipts of premiums from policyholders on all premiums collected on property insurance policies covering property within the corporate limits of the Village of Key Biscayne, Florida. In the case of multiple peril policies with a single premium for both the property and casualty coverages in such policies, seventy percent (70%) of such premium shall be used as the basis for the 1.85 percent (1.85%) tax above. Section 2. All money from taxes imposed by this ordinance is hereby appropriated to the Village of Key Biscayne, Police Officers and Firefighters Retirement Plan, which shall be administered in accordance with the applicable provisions of Chapter 175, Florida Statutes. Section 3. The tax herein assessed and imposed shall be in addition to all other license taxes now levied or hereafter levied by the Village of Key Biscayne, Florida. Section 4. The excise or license tax herein provided for shall be payable and collected in the manner provided for by Chapter 175, Florida Statutes. Section 5. This ordinance shall remain in force until supplemented, amended, repealed or otherwise altered. Section 6. If any provision of this Ordinance or the application thereof is held in alid, such invalidity shall not affect the other provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. �\ Section 7. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Key Biscayne, Florida. Section 8. This Ordinance hereby repeals all Ordinances in conflict herewith. Section 9. This Ordinance shall take effect upon its passage and approval. PASSED AND ADOPTED ON FIRST READING THIS 26th day of August , 1997. PASSED AND ADOPTED ON SECOND READING THIS day 9th of September , 1997. CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS Tb FORM AND LEGAL SUFFICIENCY: RICHAI , V E 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 diva 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 AN ORDINANCE ASSESSING AND IMPOSING A 1.85 PERCENT (1.85%) EXCISE TAX ON INSURERS' RECEIPTS OF PREMIUMS, ETC. in the XXXY.2F Court, was published in said newspaper in the issues of Aug 28, 1997 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.advertisemem; and affiant further says that she has neither pa' • nor promised any • > • , fi • r corporation any di • u rebate, comm i refund f • r the purpose of s- r , this advert'-= r publics -on in the said n 28 Sw imZgustto and wbscribed before me dayof............_...._..__ ............._......_.........., AD. 19 —47.41 (SEAL) Octelma V. Ferbeyre Ry pi, OFFICIAL NOTARY SEAL ie nallY nl9HEy2YL H MARINER s2 l f » Commas:On NUMBER in t, a CC545384 9,e + O49 MY COMB SSI0N EXPIRES OF FV APR. 12,2000 •`VLL`�'11`a OF'ICEY BISCAIINE� PUBLIC NOTICE L Notice is hereby given that the following ordinance will be consid- ered on Second Reading; by the Key Biscayne Village Council at a :Meeting to be=held on Tuesday, September 9, 1997, at 7;00 p.m., in '1h'e Council=_Chamber, located at -85 West McIntyre. Street, Second,. 'Floor, Key Biscayne. Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,: FLORIDA ASSESSING AND IMPOSING A 1.85 PERCENT (1;85%) EXCISE TAX ON INSURERS' RECEIPTS OF " PREMIUMS FROM -POLICY HOLDERS ON ALL. PREMIUMS COLLECTED ON :PROPERTY INSURANCE POLICIES COVERING PROPERTY WITHIN THE CORPORATE LIMITS OF THE PILLAGE OF KEY BISCAYNE; PROVIDING FOR THE APPROPRIATION OF SAID TAXES TOTHE RETIRE MENT PLAN ESTABLISHED F013 THE POLICE OFFICERS AND FIREFIGHTERS OF THE VILLAGE OF KEY BIS;' CAYNE; PROVIDING: SAID TAX SHALL BE IN ADDITION:' YO ALL OTHER LICENSE TAXES NOW LEVIED BY THE VILLAGE OF KEY BISCAYNE; I PROVIDING FOR THE PAYMENT AND,COLLECTION OF 'SAID TAX; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; HHOVtD1NGTOR-THE REPEAL= OF- CONFLICTING ORDI- ANCE; PROVIDING FOR AN EFFECTIVE DATE. fnterestedparties are invited to appear and be heard. A copy of the 's proposed ordinance may be obtained at Village Hall, Office of the Vil- lage Clerk; 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 'i33149. Interested parties may appear at the Public Hearing and be l`. heard with respectto the proposed ordinance. -In accordance with the Americans With Disabilities' Act of 1990,_ all =persons -who are disabled and who need -special :accommodations to pamcipate in this proceeding because: of-that-disabiliityshould contact the Office of the Village Clerk, 91 West McIntyre: Street, Suite 201, , Key Biscayne Florida 33149, telephone number (385) 365-5508, not. later than two bus,ness,days prior to such proceeding. -" Should .any person desire to appeal any decision of the Village I Council witty respect toany matter to be considered at this meeting,'. f mat person' shall Insure: that a verbatim record of the proceedings' is made including elf testimony and evidence upon which any appeal maybe based (F S..286.0105). Conchita H. Alvarez Village. Clerk ` size _ .. 97 a -082880M_ ORDINANCE NO. 97-21 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN FOR THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Whereas, the Village Council of the Village of Key Biscayne, Florida, desires to adopt a Police Officers and Firefighters Retirement Plan (the "Plan"). NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: SECTION 1. PLAN ADOPTION. The Plan is hereby adopted to read as follows: Sec. 1. DEFINITIONS. (a) As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accumulated Contributions means a Member's own contributions without interest. Actuarial Equivalent means a benefit or amount of equal value, based upon the 1983 Group Annuity Mortality Table with a blending of 80% male rates and 20% female rates, and an interest rate of seven percent (7%) per annum. Average Final Compensation means one -twelfth (1/12) of the average Salary of the five (5) best years of the last ten (10) years of Credited Service prior to retirement, termination, or death, or the career average as a full-time Police Officer or Firefighter, whichever is greater. Any lump sum payment of unused leave shall not be included in this calculation. In computing Average Final Compensation for a Member who has returned to the active service of the Village following a leave of absence granted by the Village during which he did not receive regular compensation from the Village, or following a period of disability retirement or termination of service with a vested benefit, the period during which he was on a leave of absence, or during which he was on disability retirement, or during which his service was terminated, shall be ignored, or excluded, in determining the ten (10) years preceding retirement. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a Member who has or have been designated in writing by the Member and filed with the Board. If no such designation is in effect or if no person so designated is living at the time 1 of 25 of death of the Member, the Beneficiary shall be the estate of the Member. Board means the Board of Trustees, which shall administer and manage the System herein provided and serve as trustees of the Fund. Code means the Internal Revenue Code of 1986, as amended from time to time. Credited Service means the total number of years and fractional parts of years of service as a Police Officer or Firefighter with Member contributions, when required, omitting intervening years or fractional parts of years when such Police Officer or Firefighter was not employed by the Village. No credit shall be permitted for service prior to August 1, 1993. The period of any absence of thirty-one (31) days or more will be excluded from a Member's Credited Service unless he receives regular compensation from the Village during such absence and except as otherwise provided below. Any absence of thirty (30) days or less will be included. A Member may voluntarily leave his contribution in the Fund for a period of five (5) years after leaving the employ of the Village pending the possibility of being reemployed as a Police Officer or Firefighter without losing credit for the time that he was a Member of the System. If the Member who left the employ of the Village should not be reemployed as a Police Officer or Firefighter within five (5) years, then the Accumulated Contributions will be returned upon his written request. The years or fractional parts of years that a Member serves in the military service of the Armed Forces of the United States or the United States Merchant Marine, voluntarily or involuntarily, for the purpose of going on active duty, shall be added to his years of Credited Service for all purposes, including vesting, pursuant to conditions that are required or permitted under state and federal law, as amended from time to time, provided that the Police Officer or Firefighter must return t� his employment as a Police Officer or Firefighter within one (1) year from the date of his military discharge or release from active service under honorable conditions and must make a payment to the System in the amount that he or she would have contributed had he or she not entered the military. This Section is intended to meet or exceed the minimum requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA), (P.L. 103-353). To the extent that this Section does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. Effective Date means October 1, 1997. Firefighter means an actively employed full-time person employed by the Village, including his initial probationary employment period, who is certified as a Firefighter as a condition of employment in accordance with the provisions of §633.35, Florida Statutes. and whose duty it is to extinguish fires, to protect life and to protect property. Fund means the trust fund established herein as part of the System. 2 of 25 Member means an actively employed Police Officer or Firefighter who fulfills the prescribed membership requirements. Any benefit improvements which might be made in the future shall apply prospectively and shall not apply to Members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Police Officer means an actively employed full-time person employed by the Village, including his initial probationary employment period, who is certified as a Police Officer as a condition of employment in accordance with the provisions of §943.1395, Florida Statutes, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of the State of Florida. Salary means total cash remuneration for services rendered to the Village. Compensation in excess of limitations set forth in Section 401 (a)(17) of the Code shall be disregarded. Share Plan means the defined contribution plan that is part of the System. The Share Plan is funded by any State contributions, pursuant to Chapters 175 and 185, Florida Statutes, that exceed the levels set forth in Section 5. Spouse means the lawful wife or husband of a Member at the time of pre -retirement death or retirement. aMem means the Village of Key Biscayne Police Officers and Firefighters Retirement Plan as contained herein and all amendments thereto. Village means the Village of Key Biscayne, Florida. (b) Masculine Gender. The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. Sec. 2. MEMBERSHIP (a) Conditions of Eligibility. (1) Each Police Officer and Firefighter in full-time employment with the Village on October 1, 1997 shall have the option of making an irrevocable election to become a Member of the System. Each such person who elects not to become a Member shall forever be barred from becoming a Member. (2) Each Police Officer and Firefighter hired after October 1, 1997 shall become a Member of this System as a condition of employment on his date of full-time employment. 3 of 25 (b) Membership. Each Police Officer and Firefighter shall complete a form prescribed by the Board providing the following information: (1) Designation of a Beneficiary or Beneficiaries, and (2) Authorization of payroll deduction, and (3) A sworn statement as to prior medical history, and (4) Any other information deemed necessary or appropriate by the Board. (c) Change in Designation of Beneficiary. A Member may from time to time change his designated Beneficiary by written notice to the Board upon forms provided by the Board. Upon such change, the rights of all previously designated Beneficiaries to receive any benefits under the System shall cease. Sec. 3. BOARD OF TRUSTEES (a) The sole and exclusive administration of and responsibility for the proper operation of the System and for making effective the provisions of this ordinance are hereby vested in a Board of Trustees. The Board of Trustees is hereby designated as the plan administrator. The Board of Trustees shall consist of five (5) Trustees, two of whom, unless otherwise prohibited by law, shall be legal residents of the municipality who shall be appointed by the Village Council, one of whom shall be a full-time Police Officer Member of the System who shall be elected by a majority of the Police Officers who are Members of the System, one of whom shall be a full-time Firefighter Member of the System who shall be elected by a majority of Firefighters who are Members of the System. The fifth Trustee shall be chosen by a majority of the previous four Trustees as provided for herein, and such person's name shall be submitted to the Village Council. Upon receipt of the fifth person's name, the Village Council shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four Trustees appointed or elected as herein provided and shall serve a two (2) year term unless he sooner vacates the office. Each resident Trustee shall serve as Trustee for a period of two (2) years, unless he sooner vacates the office or is sooner replaced by the Village Council at whose pleasure he shall serve. Each Police Officer or Firefighter Trustee shall serve as Trustee for a period of two (2) years, unless he sooner leaves the employment of the Village as a Police Officer or Firefighter or otherwise vacates his office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each Trustee may succeed himself in office. The Board shall establish and administer the nominating and election procedures for each election. The Board of Trustees shall meet at least quarterly each year. The Board of Trustees shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. 4 of 25 (b) The Trustees shall, by a majority vote, elect a Chairman and a Secretary. The Secretary of the Board shall keep a complete minute book of the actions, proceedings, or hearings of the Board. The Trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. (c) Each Trustee shall be entitled to one vote on the Board. Three (3) affirmative votes shall be necessary for any decision by the Trustees at any meeting of the Board. A Trustee shall have the right to abstain from voting as the result of a conflict of interest provided that Trustee complies with the provisions of Section 112.3143, Florida Statutes. (d) The duties and responsibilities of the Board shall include, but not necessarily be limited to, the following: (1) To construe the provisions of the System and determine all questions arising thereunder. (2) To determine all questions relating to eligibility and membership. (3) To determine and certify the amount of all retirement allowances or other benefits hereunder. (4) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the System. (5) To distribute to Members, from time to time, information concerning the System. (6) To receive and process all applications for benefits. (7) To authorize all payments whatsoever from the Fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the System and Fund. (8) To have performed actuarial studies and valuations at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the System. (9) To retain the services of an administrator to assist the Board in the administration of the System. (10) To perform such other duties as are necessary or appropriate prudently to administer the System. 5of25 Sec. 4. FINANCES AND FUND MANAGEMENT. Establishment and Operation of Fund. (a) As part of the System, there is hereby established the Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the System. (b) The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board. Payment of benefits and disbursements from the Fund shall be made by written authorization from the Board. (c) All funds of the System may be deposited by the Board with the Finance Director of the municipality, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for the municipality. However, any funds so deposited with the Finance Director of the municipality shall be kept in a separate fund by the Finance Director or clearly identified as such funds of the System. In lieu thereof, the Board shall deposit the funds of the System in a qualified public depository as defined in §280.02, Florida Statutes, which depository with regard to such funds shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibilities as set forth herein, the Board may retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company licensed to do business in Florida, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the Board, in the investment of all Fund assets. (d) All funds and securities of the System may be commingled in the Fund, provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries as regards the following: (1) Current amounts of Accumulated Contributions of Members on both an individual and aggregate account basis, and (2) Receipts and disbursements, and (3) Benefit payments, and (4) Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributions and deposits from the Village, and (5) All interest, dividends and gains (or losses) whatsoever, and (6) Such other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. 6 of 25 (e) An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the Village showing a detailed listing of assets and liabilities, and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete valuation of assets as well as other items normally included in a certified audit. (f) The Board shall have the following investment powers and authority: (1) The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Village Council to amend or terminate this Fund, provided that no amendment or Fund termination shall ever result in the use of any assets of this Fund except for the payment of regular expenses and benefits under this System, except as otherwise provided herein. All contributions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held and administered by the Board or its agent in the Fund and the Board shall not be required to segregate or invest separately any portion of the Fund. (2) All monies paid into or held in the Fund shall be invested and reinvested by the Board. The Board shall, in acquiring, investing, reinvesting, exchanging, retaining, selling and maintaining property for the benefit of the System exercise the judgment and care under the circumstances then prevailing, which persons of prudence , discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of the foregoing standard, the Board is authorized to acquire and retain every kind of investment specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, which persons of prudence, discretion and intelligence acquire or retain for their own account and, within the limitations of the foregoing standard, the Board may retain property acquired, without limitation as to time and without regard to its suitability for original purchase. The intent of this provision is to remove any and all restrictions which are otherwise imposed by Chapter 175 or 185, Florida Statutes, which may be removed. (3) No person or entity shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the Fund, except that due to his or its own negligence, willful misconduct or lack of good faith. (4) The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in 7 of 25 form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. (5) The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalizations, consolidations, and similar transactions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the Trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the Fund which it may deem to be to the best interest of the Fund to exercise. (6) The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. (7) Where any action which the Board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under this ordinance, can reasonably be taken or performed only after receipt by it from a Member, the Village, or any other entity, of specific information, certification, direction or instructions, the Board shall be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. (8) Any overpayments or underpayments from the Fund to a Member or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board in such a manner that the actuarial equivalent of the benefit to which the Member or Beneficiary was correctly entitled to, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the Fund in a prudent manner. (9) The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits herein provided for. (10) In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive 8 of 25 upon all persons. (11) Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said Fund shall always remain in the Board. Sec. 5. CONTRIBUTIONS. (a) Member Contributions. (1) Amount. From the Effective Date through September 30, 2000, each Member of the System shall be required to make regular contributions to the Fund in the amount of fourteen percent (14%) of his Salary. This rate shall be adjusted each year thereafter to an amount equal to the total cost for the year (as shown by the most recent actuarial valuation of the System) less the amount of revenue received from the State pursuant to Chapters 175 and 185, Florida Statutes; provided, however, that in no event shall the Member contribution rate be less than eight percent (8%) of Salary. Each year after September 30, 2000 in which the Member contribution rate is eight percent (8%) of Salary and the total of such rate plus the State contribution exceeds the total cost for the year (as shown by the most recent actuarial valuation of the System) such excess shall be contributed to the Share Plan. Member contributions withheld by the Village on behalf of the Member shall be deposited with the Board at least monthly. The contributions made by each Member to the Fund shall be designated as employer contributions pursuant to §414(h) of the Code. Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the System, such contributions shall be considered to be Member contributions. (2) Method. Such contributions shall be made by payroll deduction. (b) State Contributions. Any monies received or receivable by reason of laws of the State of Florida, for the express purpose of funding and paying for retirement benefits for Police Officer or Firefighters of the Village shall be deposited in the Fund comprising part of this System immediately and under no circumstances more than five (5) days after receipt by the Village. (c) Village Contributions. So long as this System is in effect, the Village shall make contributions to the Fund in an amount equal to the difference in each year between the total aggregate Member contributions for the year, plus State contributions for such year that are not contributed to 9 of 25 the Share Plan, and the total cost for the year, as shown by the most recent actuarial valuation of the System. The total cost for any year shall be defined as the total normal cost plus the additional amount sufficient to amortize the unfunded past service liability in accordance with the requirements of Chapter 112, Florida Statutes. (d) Other. Private donations, gifts and contributions shall be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources shall be used to reduce Member contributions. Sec. 6. BENEFIT AMOUNTS AND ELIGIBILITY (a) Normal Retirement Date. A Member's normal retirement date shall be the first day of the month coincident with or the next following the earlier of attainment of age fifty-five (55) and the completion of five (5) years of Credited Service or attainment of age fifty-two (52) and the completion of twenty-five (25) years of Credited Service. A Member may retire on his normal retirement date or on the first day of any month thereafter, and each Member shall become 100% vested in his accrued benefit on the Member's normal retirement date. Normal retirement under the System is retirement from employment with the Village on or after the normal retirement date. (b) Normal Retirement Benefit. A Member retiring hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on his retirement date and be continued thereafter during his lifetime, ceasing upon death, but for ten (10) years certain in any event. The monthly retirement benefit shall equal two percent (2%) of Average Final Compensation for each year of Credited Service. (c) Early Retirement Date. A Member may retire on his early retirement date which shall be the first day of any month coincident with or next following the later of the attainment of age fifty (50) and the completion of five (5) years of Credited Service. Early retirement under the System is retirement from employment with the Village on or after the early retirement date and prior to the normal retirement date. (d) Early Retirement Benefit. A Member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: (1) A deferred monthly retirement benefit which shall commence on what would have been his normal retirement date had he continued employ - 10 of 25 ment as a Police Officer or Firefighter and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date except that Credited Service and Average Final Compensation shall be determined as of his early retirement date; or (2) An immediate monthly retirement benefit which shall commence on his early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in paragraph (1) above, reduced by 0.25% for each month by which his early retirement date precedes the date which would have been his normal retirement date had he continued employment as a Police Officer or Firefighter. Sec. 7. PRE -RETIREMENT DEATH. (a) Benefit Payable in the Event of Death on or Prior To Normal Retirement Date While In Service: (1) Death with Ten (10) or More Years of Credited Service: If the service of a Member is terminated by reason of his death on or prior to his normal retirement date and the Member had at least ten (10) years of Credited Service, there shall be payable to the Member's designated Beneficiary the monthly retirement income, beginning on the first day of the month coincident with or next following the date of his death, which can be provided by the single -sum value of the Member's deferred monthly retirement income commencing at normal retirement date which has accrued to the date of his death. This benefit shall be paid in the form of a monthly benefit for the life of the Beneficiary, but for ten (10) years certain in any event. (2) Death with Less Than Ten (10) Years of Credited Service: If the service of a Member is terminated by reason of his death on or prior to his normal retirement date and the Member had less than ten (10) years of Credited Service, there shall be payable to the Member's designated Beneficiary the Member's Accumulated Contributions. (b) Benefit Payable in Event of Death While in Service after Normal Retirement Date: If the service of a Member is terminated by reason of his death after his normal retirement date, there shall be payable to the Member's designated Beneficiary the monthly retirement income, beginning on the first date of the month coincident with or next following the date of his death, equal to the retirement income to which the Member would have been entitled had he retired immediately prior to the date of his death. This benefit shall be payable for ten (10) years. 11 of 25 Sec. 8. DISABILITY. (a) Disability Benefits On-Dutv Each Member with ten (10) or more years of Credited Service who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer or Firefighter which disability was directly caused by the performance of his duty as a Police Officer or Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to his accrued pension benefit as of the date of disability. Such accrued pension shall be payable at his otherwise early or normal retirement date. Any condition or impairment of health of a Member caused by tuberculosis, hypertension, heart disease, or hardening of the arteries shall be presumed to have been suffered in line of duty unless the contrary is show by competent evidence, provided that such Member shall have successfully passed a physical examination upon entering into such service, including cardiogram, which examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. (b) Disability Benefits Off -Duty Each Member with ten (10) years or more of Credited Service who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer or Firefighter which disability is not directly caused by the performance of his duties as a Police Officer or Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to his accrued pension benefit as of the date of disability. Such accrued pension shall be payable at his otherwise early or normal retirement date. (c) Conditions Disoualifving Disability Benefits Each Member who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was not occasioned primarily by: (1) Excessive or habitual use of any drugs; intoxicants or narcotics. (2) Injury or disease sustained while willfully and illegally participating in fights, riots, civil insurrections or while committing a crime. (3) Injury or disease sustained while serving in any branch of the Armed Forces. (4) Injury or disease sustained after his employment with the Village shall have terminated. (5) Willful, wanton or intentional conduct or gross negligence of the Member. 12 of 25 (6) Injury or disease sustained while working for anyone other than the Village and arising out of such employment. (7) A condition pre-existing membership in -the System. No Member shall be entitled to a disability pension, whether in line of duty or not in line of duty, because of or due to the aggravation of a specific injury, impairment or other medical condition pre-existing at the time of membership in the System, provided that such pre-existing condition and its relationship to a later injury, impairment or other medical condition be established by competent substantial evidence. Nothing herein shall be construed to preclude a disability pension to a Member who, after membership in the System, suffers an injury, impairment, or other medical condition different from some other injury, impairment, or other medical condition existing at or prior to said membership. (d) Physical Examination Requirement A Member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the Board for that purpose. The Board shall not select the Member's treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so. Any person receiving disability benefits under provisions of this ordinance may be periodically re-examined by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the Board to determine if such disability has ceased to exist. If the Board finds that the retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Police Officer or Firefighter, the Board shall recommend to the Village that the retiree be returned to performance of duty as a Police Officer or Firefighter, and the retiree so returned shall enjoy the same rights that he had at the time he was placed upon pension. In the event the retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. However, any such Member who recovers from disability and whose retirement income is discontinued by the Board and who, as of the date of termination of his service due to disability, had both attained the age of fifty (50) years and completed at least five (5) years of Credited Service, shall, if he does not re-enter the service of the Village, be entitled to the early retirement income or the benefit on termination of service as provided in Sections 6 and 9 hereof, respectively, based on his Average Final Compensation and his Credited Service as of the date of termination of his service due to disability and upon his attained age as of the date of his recovery from disability, and the amount of the retirement income upon early retirement will be reduced to take into account the Member's younger age and earlier commencement of retirement income payments as provided in Section 6 hereof. The cost of the physical examination and/or re-examination of the retiree claiming and/or receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. 13 of 25 If the retiree recovers from disability and reenters the service of the Village as a Police Officer or Firefighter, his service will be deemed to have been continuous, but the period beginning with the first month for which he received a disability retirement income payment and ending with the date he reentered the service of the Village will not be considered as Credited Service for the purposes of the System. The Board shall have the power and authority to make the final decisions regarding all disability claims. Sec. 9. VESTING. If a Member terminates his employment with the Village, either voluntarily or by discharge, and is not eligible for any other benefits under this System, he shall be entitled to the following: (a) Any Member upon termination of employment shall be entitled to a refund of his Accumulated Contributions or the Member may leave it deposited with the Fund for up to five (5) years. (b) If the Member has five (5) or more years of Credited Service upon termination, the Member shall be entitled to a monthly retirement benefit that is equal to his accrued monthly benefit payable commencing at Member's otherwise normal or early retirement date, provided he does not elect to withdraw his Accumulated Contributions and provided Member survives to his otherwise normal or early retirement date. If the Member does not withdraw his Accumulated Contributions and does not survive to his otherwise normal or early retirement date, his designated Beneficiary shall be entitled to a benefit calculated in the same manner as provided herein for a deceased Member under Section 7(a)(1) or 7(a)(2), depending on whether the deceased Member had more or less than ten (10) years of Credited Service. (c) Any vested Member of the System whose position is terminated, for whatever reason, but who remains employed by the Village in some other capacity, shall have all retirement benefits accrued up to the date of such termination under this System preserved, provided he does not elect to withdraw his Accumulated Contributions from this System. Such accrued retirement benefits shall be payable at his otherwise early (reduced as for early retirement) or normal retirement date hereunder, or later, in accordance with the provisions of this System; provided further, however, that benefits shall not be payable under this System during any period of continued employment by the. Village. $ec. 10. OPTIONAL FORMS OF BENEFITS (a) In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified herein, a Member, upon written request to the Board, may elect to receive the Actuarial Equivalent payable in accordance with one of the following options: (1) A retirement income of a greater monthly amount, payable to the. Member for his lifetime. 14 of 25 (2) A retirement income of a modified monthly amount, payable to the Member during the lifetime of the Member and following the death of the Member, 100%, 75%, or 50% of such monthly amount payable to a joint pensioner for his lifetime. (3) If a Member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of retirement. The amounts payable shall be as recommended by the actuaries for the System, based upon the social security law in effect at the time of the Member's retirement. (b) The Member, upon electing any option of this Section, will designate the joint pensioner or Beneficiary to receive the benefit, if any, payable under the System in the event of a Member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one or more primary Beneficiaries where applicable. If a Member has elected an option with a joint pensioner or Beneficiary and a Member's retirement income benefits have commenced, he may thereafter change his designated joint pensioner or Beneficiary, but only if the designated Beneficiary predeceases the Member or if the designated Beneficiary and the Member were married at time of Member's retirement and are divorced subsequent thereto; provided however, in no event may a Member change his or her designated Beneficiary more than twice. (c) The consent of a Member's joint pensioner or Beneficiary to any such change shall not be required. The rights of all previously -designated Beneficiaries to receive benefits under the System shall thereupon cease. (d) Upon change of a Member's Beneficiary or joint pensioner in accordance with this section, the Board shall adjust the Member's monthly benefit by application of actuarial calculations to insure that the benefit paid is the Actuarial Equivalent of the Member's then current benefit. Any such Member shall pay the actuarial recalculation expenses and shall make repayment of any overage of previously -paid pension benefits as a result of said recalculations. Each request for a change will be made in writing on a form prepared by the Board and on completion will be filed with the Board. In the event that no designated Beneficiary survives the Member, such benefits as are payable in the event of the death of the Member subsequent to his retirement shall be paid as provided in Section 11. (e) Retirement income payments shall be made under the option elected in accordance with the provisions of this Section and shall be subject to the following limitations: (1) If a Member dies prior to his normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 7. 15 of 25 (2) If the designated Beneficiary or joint pensioner dies before the Member's retirement under the System, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the Member upon his retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this Section or a new Beneficiary is designated by the Member prior to his retirement. (3) If both the retired Member and the Beneficiary designated by a Member die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, the Board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 11. (4) If a Member continues beyond his normal retirement date pursuant to the provisions of Section 6(a) and dies prior to his actual retirement and while an option made pursuant to the provisions of this Section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a Beneficiary designated by the Member in the amount or amounts computed as if the Member had retired under the option on the date on which his death occurred. (f) A Member may not change his retirement option after the date of his retirement. (g) Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that the total commuted value of the remaining monthly income payments to be paid do not exceed Three Thousand Five Hundred Dollars ($3,500.00). Any such payment made to any person pursuant to the power and discretion conferred upon the Board by the preceding sentence shall operate as a complete discharge of all obligations under the System with regard to such Member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. Sec. 11. BENEFICIARIES. (a) Each Member shall, on a form provided for that purpose, signed and filed with the Board, designate a Beneficiary (or Beneficiaries) to receive the benefit, if any, which may be payable in the event of his death; and each designation may be revoked by such Member by signing and filing with the Board a new designation -of -beneficiary form. (b) If a deceased Member fails to name a Beneficiary in the manner prescribed in subsection (a), or if the Beneficiary named by a deceased Member predeceases the Member, the death benefit, if any, which may be payable under the System with respect to such deceased Member shall be paid to his estate. 16of25 Sec. 12. CLAIMS PROCEDURES. The Board shall adopt procedures to be followed in processing claims for benefits. There shall be timely adequate written notice given to any Member or Beneficiary whose claim for benefits has been denied, setting forth the specific reasons for such denial. The Board shall provide a full and fair review in those cases when a Member or Beneficiary has had his or her claim for benefits denied. Sec. 13. REPORTS TO DIVISION OF RETIREMENT. Each year the Board shall file a report with the Division of Retirement containing the information required by Chapters 175 and 185, Florida Statutes. Sec. 14. ROSTER OF RETIREES. The Secretary of the Board shall keep a record of all persons enjoying a pension under the provisions of this ordinance in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the Secretary shall keep a record of all Police Officers and Firefighters employed by the Village in such a manner as to show the name, address, date of employment and date of termination of employment. Sec. 15. BOARD ADVISORS. The Board shall engage such actuarial, accounting, legal, and other services as shall be necessary or advisable to transact the business of the System. The compensation of all persons engaged by the Board and all other expenses of the Board necessary for the operation of the System shall be paid from the Fund at such rates and in such amounts as the Board shall agree. Sec. 16. MAXIMUM PENSION. (a) Basic Limitation. Subject to the adjustments hereinafter set forth, the maximum amount of annual retirement income payable with respect to a Member under this System shall not exceed $90,000. For purposes of applying the above limitation, benefits payable in any form other than a straight life annuity with no ancillary benefits shall be adjusted, as provided by Treasury Regulations, so that such benefits are the Actuarial Equivalent of a straight life annuity. (b) Participation in Other Defined Benefit Plans. The limitation of this Section with respect to any Member who at any time has been a member in any other defined benefit plan (as defined in §414(j) of the Code) maintained by the Village shall apply as if the total benefits payable under all defined benefit plans in which the Member has been a member were payable from one plan. 17 of 25 (c) Adjustments in Limitations. If the Member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limitation set forth in subsection (a) herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made using an assumed interest rate of five percent (5 %) and shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. (d) Less than Ten Years of Service. Except to the extent otherwise permitted by law, the maximum retirement benefits payable under this Section to any Member who has completed less than ten 110) years of Credited Service with the Village shall be the amount determined under subsection (a) of this Section multiplied by a fraction, the numerator of which is the number of the Member's years of Credited Service and the denominator of which is ten (10). (e) $10.000 Limit. Notwithstanding the foregoing, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limitations set forth in this Section if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the Village contributes, do not exceed $10,000 or the applicable plan year and for any prior plan year and the Village has not at any time maintained a qualified defined contribution plan in which the Member participated. (f) Member in Defined Contribution Plan. Until September 30, 2000, in any case where a Member under this System is also a member in a "Defined Contribution Plan" as defined in §414(i) of the Code, maintained by the Village, the sum of the "Defined Benefit Plan Fraction" and the "Defined Contribution Plan Fraction" (both as defined in §415(e) of the Code) shall not exceed 1.0. (g) Cost -of -Living Adiustments. The limitation as stated in subsections (a) herein shall be adjusted to the time payment of a benefit begins in accordance with any cost -of -living adjustments prescribed by the Secretary of the Treasury pursuant to §415(d) of the Code. (h) Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: (1) The normal retirement benefit or pension payable to a retiree shall not exceed 100 percent of his Average Final Compensation. However, nothing contained in this Section shall apply to supplemental retirement 18of25 benefits or to pension increases attributable to cost -of -living increases or adjustments. (2) No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from another retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. Sec. 17. COMMENCEMENT OF BENEFITS (a) Unless the Member otherwise elects, with such election being in writing and delivered to the Board and specifying the form of retirement income and date on which the retirement income is to commence, the payment benefits under the System to the Member shall commence not later than the 60th day after the close of the plan year in which the latest of the following events occur: (1) The attainment by the Member of age 65; (2) The 10th anniversary of the date on which the Member commenced participation in the System; or (3) The termination of the Member's service with the Village. (b) If the payment of a Member's retirement income cannot begin on the date required under subsection (a) of this Section because the Board either cannot ascertain the amount of the Member's retirement income or cannot locate the Member after making reasonable efforts to do so, the payment of the Member's benefit shall begin not laterthan sixty (60) days after the date on which the amount can be ascertained or the Member is located, whichever is applicable. Any such payment shall be made retroactive to a date which is not earlier than the date on which the payment of the Member's benefit was scheduled to begin but which is not later than the date specified under subsection (a) of this Section. Sec. 18. DISTRIBUTION OF BENEFITS Notwithstanding any other provision of this System to the contrary, a form of retirement income payable from this System after the Effective Date of this ordinance, shall satisfy the following conditions: (a) If the retirement income is payable before the Member's death, (1) It shall either be distributed or commence to the Member not later than April 1 of the calendar year following the later of the calendar year in which the Member attains age 70-1/2, or the calendar year in which Member retires, 1.9 of 25 (2) The distribution shall commence not later than the calendar year defined above; and a), shall be paid over the life of the Member or over the lifetimes of the Member and Spouse, issue or dependent, or b), shall be paid over the period extending not beyond the life expectancy of the Member and Spouse, issue or dependent. Where a form of retirement income payment has commenced in accordance with the preceding paragraphs and the Member dies before his entire interest in the System has been distributed, the remaining portion of such interest in the System shall be distributed no less rapidly than under the form of distribution in effect at the time of the Member's death. (b) if the Member's death occurs before the distribution of his interest in the System has commenced, Member's entire interest in the System shall be distributed within five (5) years of Member's death, unless it is to be distributed in accordance with the following rules: (1) The Member's remaining interest in the System is payable to his Spouse, issue or dependent; (2) The remaining interest is to be distributed over the life of the Spouse, issue or dependent or over a period not extending beyond the life expectancy of the Spouse, issue or dependent; and (3) Such distribution begins within one year of the Member's death unless the Member's Spouse, issue or dependent shall receive the remaining interest in which case the distribution need not begin before the date on which the Member would have attained age 70-1/2 and if the Spouse, issue or dependent dies before the distribution to the Spouse, issue or dependent begins, this Section shall be applied as if the Spouse, issue or dependent were the Member. Sec. 19. MISCELLANEOUS PROVISIONS. (a) Interest of Members in System. All assets of the Fund shall be used exclusively for the benefit of Members or their Beneficiaries. At no time shall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for the exclusive benefit of Members and their Beneficiaries. (b) No amendment or ordinance shall be adopted by the Village Council which shall have the effect of reducing the then accrued benefits of Members or a Member's Beneficiaries. Sec. 20. REPEAL OR TERMINATION OF SYSTEM. (a) This ordinance establishing the System and Fund, and subsequent ordinances pertaining to said System and Fund, may be modified, terminated, or amended, in whole or in part; provided that if this or any subsequent ordinance shall be amended or repealed in its application to any person benefiting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the Member or Beneficiary shall not be affected thereby, except to the extent that the assets of the Fund may be determined to be inadequate. (b) If this ordinance shall be repealed, or if contributions to the System are 20 of 25 discontinued, the Board shall continue to administer the System in accordance with the provisions of this ordinance, for the sole benefit of the then Members, any Beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this ordinance who are designated by any of said Members. In the event of repeal, or if contributions to the System are discontinued, there shall be full vesting (100%) of benefits accrued to date of repeal and the assets of the System shall be allocated in accordance with Chapters 175.361 and 185.37. Florida Statutes. (c) If, at any time during the first ten (10) years after the effective date of the ordinance originally establishing this System, the System shall be terminated or the full current costs of the System shall not have been met, anything in the System to the contrary notwithstanding, Village contributions which may be used for the benefit of any one of the twenty-five (25) highest paid Police Officers or Firefighters on the effective date, whose anti- cipated annual retirement allowance provided by the Village's contributions at Member's normal retirement date would exceed $1,500, shall not exceed the greater of either a) $20,000, or b), an amount computed by multiplying the smaller of $10,000 or twenty percent (20%) of such Police Officer's or Firefighter's average annual earnings during his last five (5) years of service by the number of years of service since the effective date. In the event that it shall hereafter be determined by statute, court decision, ruling by the Commissioner of Internal Revenue, or otherwise, that the provisions of this paragraph are not then necessary to qualify the System under the Internal Revenue Code, this paragraph shall be ineffective without the necessity of further amendment of this ordinance. Sec. 21. EXEMPTION FROM EXECUTION, NON -ASSIGNABILITY. Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this ordinance and the Accumulated Contributions and the cash securities in the Fund created under this ordinance are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassignable. Sec. 22. PENSION VALIDITY. The Board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. Said Board is empowered to purge the pension rolls of any person heretofore granted a pension under prior or existing law or heretofore granted under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this ordinance be erroneously, improperly or illegally classified. Sec. 23. FORFEITURE OF PENSION. (a) Any Member who is convicted of the following offenses committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this System, except for the return of his Accumulated Contributions as of the date of termination. Specified offenses are as follows: (1) The committing, aiding or abetting of an embezzlement of public funds; (2) The committing, aiding or abetting of any theft by a public officer or employee from employer; 21 of 25 (3) Bribery in connection with the employment of a public officer or employee; (4) Any felony specified in Chapter 838, Florida Statutes: (5) The committing of an impeachable offense; (6) The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position. (b) Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea ofguilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. (c) Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. Prior to forfeiture, the Board shall hold a hearing on which notice shall be given to the Member whose benefits are being considered for forfeiture. Said Member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the Member shall be afforded a full opportunity to present his case against forfeiture. (d) Any Member who has received benefits from the System in excess of his Accumulated Contributions after Member's rights were forfeited shall be required to pay back to the Fund the amount of the benefits received in excess of his Accumulated Contributions. The Board may institute all legal action necessary to recover such funds. Sec. 24. INDEMNIFICATION (a) To the extent not covered by insurance contracts in force from time to time, the Village shall indemnify and hold harmless members of the Board from alt personal liability for damages and costs, including court costs and trial and appellate attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims", against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the Board. The Village reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify and hold harmless any members of the Board from the judgment, execution, or levy thereon. (b) This Section shall not apply nor shall the Village be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the Board which constitute felonies or gross malfeasance or gross misfeasance in office. Sec. 25. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS. (a) Gen real. Notwithstanding any provision of the System to the contrary that would 22 of 25 otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (b) Definitions. (1) Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Code; and the portion of any distribution that is not includible in gross income. (2) Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, or a qualified trust described in section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving Spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (3) Distributee: A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving Spouse is a distributee with regard to the interest of the Spouse. (4) Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. Sec. 26. SHARE PLAN (a) Allocation Procedure. Each Member shall have a Share Account which will include the Member's share of contributions credited in accordance with Section 5(a)(1), net investment earnings attributable to Share Accounts and forfeitures. As of each September 30, each Member 's Share Account shall be computed as the total of: (1) His Share Account as of the previous September 30, (2) The portion of net investment earnings allocable to his Share Account, and (3) The product of the number of his shares multiplied by the value of each new share. The portion of net investment earnings allocable to a Member's Share Account is equal to the ratio of his Share Account as of the previous September 30 to the total of all Share Accounts as of the previous September 30 with said ratio multiplied by the net investment earnings for 23 of 25 the year. The value of all new shares for the year is equal to the total of: (4) Contributions credited pursuant to Section 5(a)(1), and (5) Forfeitures which arise during the year. Each Participant shall receive one share for each full month of Credited Service during the year. The value of each new share shall be equal to the value of all new shares divided by the total number of shares in effect as of September 30. (b) Distribution. In the event that a Member terminates his employment with the Village under any of the conditions listed below, he or his designated Beneficiary shall be eligible to receive from the Fund his Share Account as of the previous September 30. The applicable conditions for the distribution as just described are: (1) Attainment by the Member of his early or normal retirement date; (2) The Member's disability, as described in Section 8; or (3) The Member's death. If a Member terminates employment with at least five (5) years of Credited Service, his Share Account will be payable at his otherwise early or normal retirement date. Such Account shall continue to share in its portion of net investment earnings each year until the September 30 prior to the date of distribution of the Account. Such Account shall not be credited with contributions or forfeitures. Upon the death of such Member prior to the distribution of his Account, the Account shall be payable to his designated Beneficiary. If the Member does not satisfy any of the listed conditions, he shall forfeit his Share Account. All such forfeitures shall be allocated to remaining Participants as of the next September 30. The Board shall administer the Share Plan in the same manner as it administers the defined benefit portion of this System. The Board shall make all determinations regarding eligibility and distribution of Share Plan monies. SECTION 2. SEVERABILITY. 11 any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications, and to this end, the provisions of this Ordinance ate hereby declared severable. SECTION 3. CODIFICATION. This Ordinance shall be codified and made a part of the official Code of Ordinance of the Village of Key Biscayne, Florida. 24 of 25 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect upon its passage and adoption on its second reading. PASSED AND ADOPTED ON FIRST READING THIS 26th DAY OF August, 1997. PASSED AND ADOPTED ON SECOND READING THIS 9th DAY OF September, 1997. ATTEST: g7--dia6(adAr9 CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHA D J. WEISS, VILLAGE ATTORNEY 1 03001\retire\august.97 September 10, 1997 10:45am OR JOHN F. FESTA 25of25 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and - Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADS: 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 AN ORDINANCE ADOPTING THE POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN in the was published in said newspaper in the issues of Aug 28r 1997 XXXXX 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 fu - that she has neither paid promised any e • n, inn • r corporation any disco " ,rebate, domnii=-+� the purpose of sec i- advertle:. — , m..,,wr . on in the said n 28 Sworn ttooame li¢ and ••••day of A.D.19 C4.z2 (SEAL) Octelma V. Ferbe l�pY Pia` OFFICIAL NOTARY SEAL CHERYL H MARMER r * w 510N NUMBER CC545384 17,e �Q. MY COMMIS F APR. 4EON EXPIRES VILLAGE OF KEY BISCAYNE PUBLIC NOTICE - Notice is hereby given that the following ordinance will be consid-- ered en Second Reading by the Key Biscayne' Village -Council at a meeting to be held on Tuesday, September 9, 1997, at 7:00 p.m -,,in the Council Chamber, Located at 85 West McIntyre: Street, Second Floor, Key Biscayne, Florida:: - - AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN FOR THE VILLAGE:. OF KEY BISCAYNE;' PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE, Interested parties are invited to appear and be heard. A copy of the proposed ordinance may be obtained -at Village Hall, Officeof the Vil- lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne Florida 33149, inferealed parties may appear at the Public, Hearing and --be .I heard with respect to the proposed ordinance. In accordance with the Americans With 'd Disabilities Act of 1990, all persons who are disabled and who needspecial accommodations to 'I participate in this proceeding because ot that disability should 'Contact 1 the Office of the Village Clerk, 91 West McIntyre Street, Suite l201- Hey Biscayne,,Florida 33149; telephone number (305) 365-5506, not Dater than two business days prior to such proceeding. Should any person desireto appPnl any decision of the Village Councit with respect to any matter to be considered at' this meeting;, that person shall insure thana verbatim record of the proceedings is made Including all testimony and evidence upon which any appeal may be based (FS. 286.0105). - Conchita H. Alvarez 8/28 Village Cteik 97-4-082879M ORDINANCE NO. 97-22 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY CREATING ARTICLE IV "SPECIFIC ZONING DISTRICT REGULATIONS" CONSISTING OF SECTION 30-80 "WATERFRONT RECREATION AND OPEN SPACE ("WR") ZONING DISTRICT, AUTHORIZING CERTAIN USES AS PERMITTED USE SUBJECT TO SITE PLAN APPROVAL AFTER PUBLIC HEARING; PROVIDING FOR REZONING OF CERTAIN LAND FROM COUNTY ZONING DISTRICTS, BY REZONING PARCEL AT 180 HARBOR DRIVE FROM COUNTY RU -3M ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT AND REZONING A VACANT PARCEL LYING IMMEDIATELY TO THE SOUTHWEST FROM COUNTY RU -1 ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT AND REZONING CERTAIN PARCEL AT 685 OCEAN DRIVE FROM COUNTY RU -4A ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT; PROVIDING FOR REVISION OF ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council desires to adopt zoning district regulations and to rezone property for the purpose of implementing the Waterfront Recreation and Open Space ("WR") Zoning District classification provided for in the Future Land Use Map included in the Village's Comprehensive Plan; and WHEREAS, the Village Council desires to amend the land development regulations providing by Chapter 30 "Zoning" of the Village Code in a manner which will further enhance the quality of life in the Village; and WHEREAS, this Ordinance shall serve to accomplish such purpose; and WHEREAS, in accordance with Section 20-1 of the Village Code, the Village Council has I of 9 been designated as the local planning agency for the Village pursuant to Section 163.3174, Fla. Stat.; and WHEREAS, the Village Council has reviewed this Ordinance and has determined that the regulations provided herein are consistent with the applicable provisions of the Comprehensive Plan of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That Article IV, "Specific Zoning District Regulations" of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby created by adoption of Section 30-80 "Waterfront Recreation and Open Space Zoning District" to read as follows: Article IV - Specific Zoning District Regulations. Section 30-80. Waterfront Recreation and Open Space Zoning District. (A) Establishment Of District. For the purpose of protecting the public health, safety and welfare, the Waterfront Recreation and Open Space "WR" Zoning District is hereby created. (B) Map. Said WR district is bounded as shown on the map entitled "Village of Key Biscayne Zoning Map," initially adopted on the 26th day of March, 1996, as amended from time to time, with all explanatory matters thereon, including the amendment provided by Section 2 of this Ordinance, and is hereby made a part of this Ordinance. (C) Permitted Uses. No building or land shall be used and no building shall be erected or constructed on any lot in the WR-Waterfront Recreation and Open Space Zoning District, except for the following uses: 1. Private uses, including m"" a , o "t ®o Qp , private recreational facilities, private marinas, private clubs, and accessory uses including, but not limited to, clubhouses, recreational areas, and dockmaster's building. 2 of 9 33.2. Any use permitted in the VR - Village Residential District, VE - Village Estate District, IR - Island Residential District. PS - Park Side District, as component of a use listed in paragraph C(1) above. 43. Other residential uses, including two family residential, and multi -family residential not exceeding a maximum of 12.5 units per acre, so long as made a component of a use listed in C(1) above.. The term private recreational facility, as used above, shall include, private clubs and shall mean a non-commercial, private facility designed to provide recreational and social activities for its users. The improvements within such a facility may include docks, tennis courts, swimming pools, and buildings (including a clubhouse) which are directly related to and supportive of the recreational and social activities. A clubhouse may include dining rooms, exercise rooms, card rooms, lounges and similar facilities designed to serve the private needs of the users. (D) Development Parameters The Building Zoning and Planning department shall, when considering an application for development in the "WR" District apply the lot coverage, height restrictions and other applicable zoning regulations prescribed herein below. 1)Lot Coverage The maximum lot coverage shall be 15% Lot coverage shall include the area of the lot covered by all buildings, covered structures, and non roofed areas enclosed by walls (excluding building walls) which exceed six feet in height. Lot coverage shall specifically include any boat storage facility (rack) which exceeds ten feet in height when measured from the ground to the top of the uppermost boat. Additionally, an increase of up to 5 percent of Lot Coverage is permitted for Porches, Gazebos or similar structures. 2) Height (a)The maximum height of the principal building(s) shall be limited to 35 feet. 3 of9 (b)The height of buildings shall be the overall height as measured from the base flood elevation to the highest point of the building roof. Architectural elements including but not limited to cupolas, chimneys, observation towers may be permitted to exceed the aforementioned height requirements up to a maximum height of 45 feet. 3)Minimum setbacks. Principal building setbacks shall adhere to the following: a) Bay front. No building may be constructed closer than 25 feet to any property line adjacent to Biscayne Bay . b) Ocean front. No Building may be constructed seaward of the established Coastal Construction Control Line. `The aforementioned setbacks apply to principal buildings. Limited Boardwalks, Gazebos, ` e a ` or similar structures may be permitted to encroach into the established setback line. (E) Site Plan Review and Public Hearing Required (1) The development or substantial re- development of any buildings and or lands within the WR districts shall be permitted only after a public hearing at which all interested parties are offered the opportunity to be heard upon the proposed site plan. The Building, Zoning and Planning department must find in order to recommend approval to the Village Council that the proposed project or facilities: (a) Comply with each of the applicable criteria listed in paragraph D above; and (b) Are designed and scaled to be compatible with adjacent developments and the surrounding neighborhood; and (c) Will not create excessive, noise, traffic, illumination or other noxious impacts; and 4 of 9 (d) Will comply with the environmental characteristics referenced in paragraph E(3) below. (2) In connection with the approval of the site plan, the Village Council may impose reasonable limitations on the use (including, but not limited to, hours of operation) to insure the compatibility of the use with adjacent developments and the surrounding neighborhood. (3) All applications for development approval within the (WR) Waterfront Recreation and Open Space Zoning District must comply with the following additional environmental criteria: (a) Any new marina, marina expansion or similar water dependent use shall meet the following criteria: (b) Construction or subsequent operation of any proposed marina - or water dependent project shall not destroy or degrade hammocks, pinelands or salt marshes, or Mangrove Protection Areas, or seagrass or hard bottom communities, or habitats used by endangered or threatened species. Where applicable, the proposed marina - water dependent project site shall have: A minimum depth of four feet at mean low tide in the proposed marina basin and access channel, and direct access to the intra- coastal waterway (if applicable) or to another dredged channel or area with a minimum of six feet at mean low tide, and efficient land side accessibility. The proposed marina, water dependent facility shall be compatible with existing and surrounding land uses and of sufficient size to accommodate the specific project and the required motor vehicle parking. The proposed marina water dependent facility shall preserve or improve traditional public shoreline uses and public access to estuarine and coastal waters, preserve or enhance the quality of the estuarine and coastal waters, water circulation, tidal flushing and light penetration, and preserve archeological artifacts or zones and preserve 5of9 or incorporate historic sites. (4) All applications for a development approval shall comply with the criteria stated in this Article including a consideration of the following factors: (a) The purpose and intent of this Article; (b) Compatibility of scale and uses in relation to adjacent properties; (c) Impact and demand on infrastructure resulting from the proposed project; (d) Benefits to the community in terms of urban, economic or cultural impact. F) Requirements For Project Review At Public Hearing For Site Plan Approval. The Building, Planning and Zoning Department shall review each application for development in the Waterfront Recreation and Open Space Zoning District. When site plan approval is required pursuant to paragraph (E) above. The applicant must submit a letter of purpose and intent outlining the full scope of the intended use. This shall include exhibits prepared by architects, landscape architects and other professionals and shall include the following items: (1) A site plan consisting of the following: (a) lot lines and set backs; (b) location, shape, size and height of existing and proposed buildings, walls and entrance features; (c) landscaping plans in accordance with the provisions and standards adopted by the Village; (d) location of off street parking and loading facilitiesand waste collection areas. (2) Floor plans and elevations of all structures including: (a) gross floor area of each floor; (b) indication of any exterior graphics and signage. (3) Figures, including the following: (a) gross and net acreage; (b) amount of landscape open space provided; (c) lot coverage and floor area calculations for all buildings; (d) total number of trees provided in accordance with landscaping standards; (e) parking required and provided; (f) such other design data as deemed necessary to evaluate the project in accordance with the criteria of this Ordinance. 6 of 9 (G) General Provisions. (1) Platting Of Parcels. Existing parcels may be subdivided in accordance with the regulations provided by Chapter 28 of the Code of Metropolitan Dade County. The approved plat must be approved by and placed on file by the Village of Key Biscayne and recorded in the Public Records of Dade County. (2) Common Areas. Easements. etc. Where a parcel is developed in a manner which provides common elements, including, but not limited to, driveway easements, party walls, common perimeter walls, maintenance easements and common accessory structures, a Unity of Title, Restrictive Covenant, or similar instrument, approved by the Village Attorney, shall be presented by the applicant to the Building, Planning and Zoning Department for approval and once approved shall be duly recorded, at the expense of the applicant, in the Public Records of Dade County, Florida. The instrument utilized shall serve to incorporate provisions which provide methods to insure the consistency and compatibility of all common structures as well as to provide provisions for adequate and continual maintenance with no cost or expense to the Village. (3) Definitions. Unless provided otherwise, words and terms used in this Article which are defined in Section 30-51 of Article III, shall have the meaning indicated in Section 30-51. (4) Additional Regulations. Pursuant to Village Charter Section 4.13 the zoning regulations and restrictions provided by Chapter 33 of the Metropolitan Dade County Zoning Code shall continue to be applicable, unless in conflict with the provisions of this Article, until provided to the contrary by subsequent ordinance of the Village. (5) Variances: Administrative Review. The provisions controlling the grant or denial of a request for a variance or for review of an interpretation or decision by the administrative official pertaining to this Article IV shall be as provided in Articles II and III of this Chapter. Section 2. Rezoning. Following a public hearing in accordance with Chapter 30 of the Village Code and Section 166.041, F.S., the Zoning District classification of the following described properties is hereby rezoned and redesignated from the below indicated Metropolitan Dade County Zoning District designation to the respective Village Zoning District designation shown as follows: 7 of 9 (A) The lands described in Exhibit "A" attached hereto are hereby rezoned from (County) RU -3M to Village WR. (B) The lands described in Exhibit "B" attached hereto are hereby rezoned from (County RU -1 to Village WR. (C) The lands described in Exhibit "C" attached hereto are hereby rezoned from (County) RU -4A to Village WR. Section 3. Zoning Map. Chapter 30 of the Code of Ordinances of the Village of Key Biscayne, Florida, and the official zoning map of the Village of Key Biscayne are hereby amended in accordance with the provisions of Section 2 of this Ordinance, and the Planning, Zoning and Building Department is hereby directed to amend the official zoning maps accordingly. Section 4. SeverabiIity. The provisions of this Ordinance am 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. 8 of 9 Section 6. Penalty. Pursuant to Sec. 1-14 of the Village Code, any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. Pursuant to Section 2-31 et seq. of the Village Code this Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 7. Effective Date. This Ordinance shall be effective immediately upon passage by the Village Council on second reading. PASSED AND ADOPTED on first reading this 4th day of November, 1997. PASSED AND ADOPTED on second reading this 18th day of November, 1997. AT : CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: IALWa RI WEI VILLAGE ATTORNEY 9of9 EXHIBIT "A" Legal Description- 180 Harbor Drive TROPICAL 1ST F HOMES SUBDIVISION, FORTH EDITION beginning most Southwardly Point Tract B NE 364.65 ft, NW 466.79 ft, SW 347.63 ft, S 274.11 ft TH Eastwardly and South 283 ft more or less to Point of Beginning, as recorded in Plat Book 53, at Page 39, of the Public Records of Dade County, Florida. EXHIBIT "B" Legal Description - Vacant Parcel Lying Immediately to the Southwest Lot 28, Block 17, FOURTH ADDITION TO TROPICAL ISLE HOMES SUBDIVISION, according to plat thereof, as recorded in Plat Book 53, at Page 39, of the Public Records of Dade County, Florida. EXHIBIT "C, Legal Description - 685 Ocean Drive FIRST ADDITION TO BISCAYNE KEY ESTATES North 175.00 Feet of Tract G, less West 100 Feet according to the plat thereof, as recorded in Plat Book 53, at Page 19, of the Public Records of Dade County, Florida. ORDINANCE NO. 97-23 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ORDINANCE NO. 97-2 CONCERNING THE USE OF GOLF CARTS; TO AMEND SECTION 2 "DEFINITIONS" OF ORDINANCE 97-2 BY AMENDING PARAGRAPH (A) "DESIGNATED STREETS" TO DELETE THE EXCEPTION OF HARBOR DRIVE A#D CRANDON BOULEVARD FROM THE STREETS DESIGNATED FOR GOLF CART USAGE; AND AMENDING SECTION 4 "PROHIBITED USE" OF ORDINANCE 97-2 BY REVISING PARAGRAPH (E) SO AS TO REMOVE HARBOR DRIVE AND CRANDON BOULEVARD FROM THE AREA OF PROHIBITED USE OF GOLF CARTS AND TO ENABLE LIMITED USE OF GOLF CARTS TO BE UTILIZED UPON CRANDON BOULEVARD; ENABLING GOLF CARTS TO BE UTILIZED UPON HARBOR DRIVE AND CRANDON BOULEVARD UPON THE SAME BASIS AS UTILIZED ON OTHER DESIGNATED STREETS WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.; PROVIDING FOR CONDITION AS TO EFFECTIVENESS OF AMENDMENT CONCERNING CRANDON BOULEVARD. WHEREAS, pursuant to Ordinance No. 97-2 the Village adopted regulations permitting the use of golf carts on certain public roads within the Village of Key Biscayne, in accordance with Section 316.212 Fla. Stat.; and WHEREAS, the Village Council desires to amend Ordinance No. 97-2 to enable the operation of golf carts upon Harbor Drive and Crandon Boulevard upon the same basis as golf carts are authorized to be operated upon other streets within the Village. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Additions to existing text are indicated by underline; deletions are indicated by strikeout. Section 1. That Ordinance No. 97-2, concerning the use of golf carts, is hereby amended by amending Section 2 "Definitions", at paragraph (a) "Designated Streets", to read as follows: Section 2. Definitions. (a) Designated Streets. All streets within the Village except Harbor Drivc and Crandon Boulevard. Section 2. That Ordinance No. 97-2, concerning the use of golf carts, is hereby amended by revising paragraph (e) of Section 4 "Prohibited Use", as follows: Section 4. Prohibited Use. The operation in the Village of any golf cart in the following manner or under the following conditions is prohibited:... (e) Anywhere on the roadway surface of Crandon Boulevard, and Harbor Drivc, except to cross these that thoroughfares at marked intersections or intersections regulated by a traffic signal or to travel north or south upon Crandon Boulevard solely for the purpose of reaching the immediately next intersection. The operation of golf carts upon Crandon Boulevard pursuant to this paragraph (el shall be subject to authorization from Metro -Dade County pursuant to Sec. 316.212(1) Fla. Stat.. 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 arty 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 Additions to existing text are indicated by underline; deletions are indicated by strilcout. such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Penalty. Pursuant to Sec. 1-14 of the Village Code, any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. Pursuant to Section 2-31 et seq. of the Village Code this Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 6. Effective Date. This Ordinance shall be effective immediately upon passage by the Village Council on second reading. PASSED AND ADOPTED on first reading this 21st day of October, 1997. PASSED AND ADOPTED on second reading this 18th day of November, 1997. CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: leark4ARD J. RI WEI VILLAGE ATTORNEY 1 Additions to existing text are indicated by underline; deletions are indicated by strikeout. ORDINANCE NO. 97-24 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTINGA FINAL GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1997 THROUGH SEPTEMBER 30, 1998 IN THE AMOUNT OF $10,981,152 PURSUANT TO FLORIDA STATU 1'E 200.065 (TRIM BILL); SETTING A DA 1 b FOR A FINAL PUBLIC HEARING TO ADOPT THE BUDGET; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Manager presented to the Village Council a "Tentative General Fund Operating Budget" for the fiscal year commencing October 1, 1997 and the Village Council scheduled the public hearing required by Section 200.065 of the Florida Statutes to be held on September 11, 1997 at 7:00 p.m.; and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 11, 1997, 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 11, 1997 commencing 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, 1997 through September 30, 1998 be and is hereby set for Tuesday, September 30, 1997, 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. Section 4. That pursuant to the public hearings held as described above, the Village of Key Biscayne's final budget for the October 1, 1997, through September 30, 1998, fiscal year is hereby adopted. Section 5. That this Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on the first reading this 1 lth day of September , 1997. PASSED AND ADOPTED on the second reading this 30th day of September, 1997. AT T: OR JOHN F. FESTA HITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN RICHARD J. WEISS, VILLAGE ATTORNEY -2-