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HomeMy Public PortalAbout1998 AllORDINANCE NO. 98-3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1997- 1998 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBITS "A AND B"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 1997-1998 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 1997-1998; 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 1997-1998 is hereby amended as outlined in Exhibit "A" (increase in Building Peanut Fees and Personnel Costs) and Exhibit "B" (transfer of funds from the Non - Departmental Department into the Recreation Department) to this ordinance. Section 2. Effective Date. This ordinance shall become effective upon adoption on second reading. PASSED AND ADOP l'ED on first reading this 12th day of May , 1998. PASSED AND ADOPTED on second reading this 26th day of May , 1998. 6or CONCHITA H. ALVAREZ, VILLAGE CLERK OVED AS TO FORM AND LEGAL SUFFIC i JAY WEISS, VILLAGE ATTORNEY x' ode: EXHIBIT: B FROM: Non -Departmental X8200 513 ,. BUDGET AMENDMENTS #98-2 ACCOUNT DESCRIPTIO COMMUNITY GRANTS, $50,000 FY 97.98 AMOUNT"I * $50,000 of # Code Dept:# Projec TO: RECREATION RECREATION RECREATION X5740 X6200. X4440 1 1 1 572 572 572 AccoutirOESCRIPTIONL. SPECIAL EVENTS HERITAGE DAY CELEBRATION CONTRACT/KEY BISCAYNE ROTARY CLUB TOTALS AMOUNT $36,041 $10,000 $3,959 TOTALS 50 000 ROUND TO NEAREST DOLLAR "PROMS" MUST EQUAL "TO's" JUSTIFICATION: FUNDS MOVED FROM THE NON -DEPARTMENTAL CATEGORY INTO THE RECREATION DEPARTMENT * In January, 1998, $1,400, was paid to the Key Biscayne Library Beautification Foundation, Inc, from the Community Grant account, This amount will be reversed and chargedtothe Recreation Department expense, "Special -Events" to reflect this payment in the proper department., Date: May 6,1998 APPROVED BY COUNCIL ON: Iotus4\budgamdin(5/5/98) SIGNED_:. Q SIGNED: Wwl I i.c-+-:=ter C. SAMUEL KISSINGIR VILLAGE MANAGER TF=IOMAS N. ZANjVIS A. DIRECTOR OF FINANC ADMINISTRATIVE SERVICES EXHIBIT: A FUN FROM: BZP TO: BZP [BZP BZP BZP BZP BZP - BZP BZP R0000 1 _ X1225 1 1 X1260 J 1 X1270 -) _1 X2300 X400_ X2500 1 1. 322 R ASSISTANT PERMIT CLERK 515 515 515 515 515 515_ 515 1311 TA ENPMENTS #981 _. � TOPA BUILOINGPERMITS"_ COMMUNITY ASSISTANT BUILDING. ASSISTANT. (PIT'). PAYROLL TAXES RETIREMENT CONTRUBITION LIFE, I EALTH, INSURANCE WORKER'S COMPENSATION , .. uNa4 ?L-YMENT_INSURANGE, $64,450 FY 97-98 TOTALS $64,450 $15,825 $21,105 $14,040 $3,900 $3,925 $2,675 $2,540 $440 ROUND TO NEAREST DOLLAR ' FROMs" MUST EQUAk JUSTIFICATION: INCREASE IN BUILDINS PERMITS WILL OFFSET ADDITONALPERS.ONNEL REQUIREMINT.S IN THE BUILDING, ZONING AND PLANNING DEPARTMENT TOTALS $64,450 Date:. May 6, 1998 APPROVED BY COUNCIL ON: Iotus4Nudgsmdll(5l5N5) SIG ED: 0 C. SAMUEL KI SINGER EMAS N, ZAN6{I '2C•P^A^ "VAL1 C E1aANA DER ` DIRECTOR OF FINANCE & ADMINISTRATIVE sERVICES MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays - Miami; Dade County, Florida. - STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k'a Miami. Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE AN ORDINANCE AMENDING THE 1997-1998 VILLAGE BUDGET SECOND READING— 5/26/98 in the vXYXX Court, was published in said newspaper in the issues of May 15, 1998 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 afftant further says that she has neither paid nor promised any pe or corporation any discou • ; rebate, commi refun •. for the purpose "of secu g this advertl5= e• f• publi tion in the said news (SEAL) Octelma V. Ferbeyre personally known to me. me this 98 VILLAGE OE KET EISC%4YtIE OFFICE OF THE 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 meeting to be held on Tuesday, May 26, 1998, at 7:00 p.m., in the Council Chamber, locateda 85 West McIntyre Street, Second' Floor, AN _ORDINANCE OPI7NE VILLAGE -OF KEY-BISCAYNE„ FLORIDA; AMENDING THE 1997- 1998 VILLAGE,Bt1DGET AS•PROVJDEa FOR ON EXYiIBITS W AND •B•; PAOVID- 7NG-FOR AN EFFECTIVE DATE. Interested parties are invited to appear and be heard A copy of the proposed ordinance; may be obtained at Village -all, Office of the Vil- lage Clerk, 91 WestMclntyre Street, Suite 201, Key Biscayne; Florida. 33449.: Interested parties may appear at the Public Hearing and be ' heard with respect to the ordinance. In accordance With the Americans With Disabilities Act ef 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 Mcmtyre 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 -shalt insure lha `a verbatim record of the -Proceedings is made including `afl`.testimony and evidence upon which lany`appeal may be basedLF.S.286.0105). -: 5/15 OFFICIALNOTARY SEAL et JANETT LLERENA n CaMMSSON NUMBER ze CC566004 �F- LtiD mY COMMSSION EXPIRES OF'ELO JUNE 23,2000 Conchita H. Alvarez . Village Clerk 98-4-051559M ORDINANCE NO. 98-2 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE EXTENSION OF THE MATURITY DATE OF ITS STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES, SERIES 1995; 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, on March 11, 1997, the Council adopted Ordinance No. 97-9 and Resolution No. 97-11 authorizing and setting forth the terms of an extension of the Notes for an additional 364 days; and WHEREAS, the Notes mature on March 31, 1998 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 eighty percent (80%) or less of the one year U.S. Treasury Note rate as of the redelivery date of the amended Notes; and WHEREAS, the Council hereby determines it to be in the best interests of the Village to extend the term of the Notes. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SECTION 1. AUTHORIZATION TO EX TEND NOTES. The Council hereby determines it to be in the best interests of the Village to extend the term of the Notes for up to an additional 364 days and in an amount up to the entire $7,200,000 principal amount outstanding. The details of such extension, the principal amount to be renewed and the extension term shall be determined by this Council by supplemental resolution (which may be an amendment to the Note Resolution). SECTION 2. OTHER TERMS. All provisions of the Ordinance, as amended by Ordinance No. 97-9, shall remain the same. SECTION 3. 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 Ordinance. SECTION 4. EFFECTIVE DATE. This Ordinance will become effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 24th day of February, 1998. PASSED AND ADOPTED on second reading this 10th day of March, 1998. YOR JOHN F. FESTA AT ST: A1067okerlAse CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY ORDINANCE NO. 98-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"); AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 17 "NOISE", AT SECTION 17-2 "DEFINITIONS" BY AMENDING THE DEFINITION OF "HOLIDAYS" TO REMOVE THE REFERENCE TO DAYS DECLARED TO BE LEGAL HOLIDAYS BY THE LAWS OF THE STATE OF FLORIDA, SO AS TO REMOVE HOLIDAY NOISE RESTRICTIONS FROM THOSE DAYS WHICH ARE NOT SPECIFICALLY LISTED AS HOLIDAYS IN SECTION 17-2; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 17 "Noise" of the Village Code, provides specific restrictions upon noise occurring on holidays; and WHEREAS, Section 17-2 of the Village Code defines the term "Holidays" by listing Sundays, certain specifically enumerated days, and additionally referencing holidays as those days declared by the laws of the State to be legal holidays; and WHEREAS, pursuant to Section 683.01, Florida Statutes, the State has declared a lengthy list of legal holidays; and WHEREAS, inclusion of the State listed holidays within the term "Holidays" as used in Section 17-2 results in the creation of a greater level of restrictions upon necessary lawful activities, including construction and maintenance activities; and WHEREAS, the Village Council desires to amend Section 17-2 to remove the reference to those additional days declared to be holidays by the laws of the State of Florida, for purposes of the noise restrictions, but to retain the specifically enumerated description provided by Section 17-2 of those days which constitute holidays. 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 amending Chapter 17 "Noise," at Section 17-2 "Definitions," by amending the term "Holidays" to read as follows: Holidays. In addition to Sundays, those days declared by thc law- of thc State to be legal holidays, including New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 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 immediately upon passage by the Village Council on second reading. 1/ Additions to existing text are indicated by underline; deletions are indicate 4 by strikeout. 2 PASSED AND ADOPTED on first reading this 13th day of January, 1998. PASSED AND ADOPTED on second reading this 27th day of January, 1998. ATT)&T: A6K(Ogiwel COICICHITA ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY (SEAL) Scolds Williams 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 MEETING - JAN. 27, 1998 AN ORDINANCE AMENDING CHAPTER 17 "NOISEn, ETC. In the XXXXX Court, was Spuublis1b , ssid evlspeper in the isseas 19 :-f 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 -p - -xt preceding the first publication of the attached rtlsement and afflant further says that she has d nor promised any person, firm or corporation nt, rebate, commission or refund for the purpose g this a•� = rtisement for publication in the said er. day 4,41' 9 `�JJ OFFICML NOTARY SEAL to irldioN.ETT LLERENA CCMMSCON NUMBER CC566004 MY C0h1MtSSION EXPIRES JUNE 23,2000 ELAGrCop KET_. 11rf1E ,� PUBLIC NOTICE ' Notice is herebyyiven that the following ordinance -will be consid- ered on Second. Reading by. the Key -Biscayne -Village -Council at a . meeting tobe hetd on Tuesday, January 27, 1998, at 7:00 p.m, in the Council Chamber located at 85 West McIntyre Street, Second Floor, Key Biscayne;: Florida: AN ORDTNANCE:OF THE.VILLAGE VF KEY-EBISCAYNE, FLORIDA, -(THE "VILLAGE, AMENDING THE VII AGE CODE BYAMENDING ,CHAPTER 17 'NOISE, AT -SECTION 17-2 "DEFINITIONS" BY AMENDING ":THE DERNITION OF HOLIDAYS' TO REMOVE THE`REFERENCE TO DAYS DECLARED TO BE LEGAL HOLIDAYS BY THE LAWS OF THE STATE -OF FLORIDA,. SO AS TO REMOVE ROLIDAY NOISE RESTRICTIONS FROM THOSE DAYS WHICH ARE NOT -SPECIFICALLY LISTED AS HOLIDAYS 1N !SECTION 17-2 PROVIDING FORiS£VERABtL'-1TY, PROVt91NG FOR INCLUSION --IN THE CODE;.. PROVIDING- FOR AN EFFECTIVE DATE. Mterested parties.are invitedto appear andbe heard. A copy of the proposedordinance=may be obtained at Village Hall, Office of the Ml---: iage Clerk, 9T West McIntyre Street, Suite 201, Key Biscayne, Florida; 33149. Interested parties may appear at She Public Pleasing and be heardwith respeotto the -proposed -ordinance.. In accordance with the Americans With Disalalities Pct of 1990, all persons who -are disabled and who need especial accommodations to participate in this.proceeding because of that disability should contact - the Office otthe Village -clerk. McIntyre Street, Suite Key Biecayne,iFloride 33149, telephone number,S3o5) 365.5506, not - -later than-twobusiness days prior to such proceeding Should any person desire to appeal any decis7on,of the Village_ Council with respect -to any: matter to be considered atthisf meeting,: that person shall insure that:'a verbatim record of the proceedings is;._ made including all testimony and evidence upon; which any.appeall may be based (FS 286,0105). Conchita H,Alvarez, ORDINANCE NO. 98-4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY AMENDING ARTICLE III "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." 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': Underlined text has been added; struck through text has been deleted from existing language. 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 25.0' 25.0'** 7.5' 15.0' Island Residential (Interior) 25.0' Island Residential (Waterfront) Parkside Residential FRONT 20.0'* 25.0' 20.0'* 25.0'* 7.5' REAR 25:0'* 25.0' 25.0' INT SIDE 7.5' 7.5' 15.0' 15.0' SIDE STREET 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 25 feet in width, the wall height may not exceed 14 feet as measured from BFE (elevated) or the lowest finished floor (non -elevated). ** Within the Village Estate District the following properties shall provide a rear waterway setback of 50 feet. 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. 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 5. Effective Date. This Ordinance shall be effective immediately upon passage by the Village Council on second reading. PASSED AND ADOPTED on first reading this 26th day of May, 1998. PASSED AND ADOP I'ED on second reading this 1st day of July, 1998. F. FESTA, MAYOR CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC RICHAI2D J. WEISS, VILLAGE ATTORNEY ORDINANCE NO. 98-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 28 "SIGNS" OF THE VILLAGE CODE, BY AMENDING SECTION 28-8 "TEMPORARY SIGNS", SUBSECTION (8) "REAL ESTATE OPEN HOUSE SIGN"; TO PROVIDE FOR PERMITTED LOCATIONS OF SAID SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village Council desires to amend the sign regulations provided by Chapter 28 "Signs" 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, 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 Section 28-8 (8) of the Code of the Village of Key Biscayne is hereby amended to read as follows: (1) Real Estate Open House Sign (in conformance with design specifications as provided by the Village Manager): 1/ Underlined text has been added; struck through text has been deleted from existing language. " Number(maximum) " Area(maximum) " Sign Height(maximum) " Time Limit Residential District 1 per property 6 sq. ft. 1'/2x2ft. Shall only be permitted Wednesday, Saturday and Sunday 10:00 a.m. to 4:00 p.m. Must be removed same day. Nonresidential District 3 per property 6 sq. ft. 1'/2x2ft. Shall only be permitted Wednesday, Saturday and Sunday 10:00 a.m. to 4:00 p.m. Must be removed same day. " Supplemental regulations: No real estate open house sign shall be permitted to be placed in the median of or on property abutting and facing Crandon Boulevard nor within 5 feet of any right -of -way line. " Location Signs may be located in the public right of way provided said sign must be setback sign must be setback 5 feet from the edge 5 feet from the edge of pavement. of pavement. Signs may be located in the public right of way provided said 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 immediately upon passage by the Village Council on second reading. -2- PASSED AND ADOP 1'ED on first reading this 26th day of May, 1998. PASSED AND ADOPTED on second reading this 1st day of July, 1998. ATTEST: A ad', CONCHITA ALVAREZ, VILLAGE CLERK, APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE A •RNEI ORDINANCE NO. 98-6 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 1999 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); 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, 1998 and the Village Council scheduled the public hearing required by Section 200.065(2)(c) of the Florida Statutes to be held on September 8, 1998 at 7:00 p.m.; and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 8, 1998, 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 8, 1998 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; and WHEREAS, pursuant to Section 200.065(2)(d) of the Florida Statutes, a final public hearing to adopt the budgets for the fiscal year commencing on October 1, 1998 through September 30, 1999 was held, as advertised, on Tuesday, September 15, 1998 at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street Second Floor, Key Biscayne, Florida and the Council considered comments from the public. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA: Section 1. Upon prior adoption of the final millage rate, the attached budgets of the Village of Key Biscayne for the fiscal year commencing October 1, 1998, are hereby approved and adopted. Section 2. This ordinance shall be effective upon adoption on second reading. PASSED AND ADOP 1'ED on the first reading this 8th clay of September , 1998. PASSED AND ADOPTED on the second reading this 15th day of September 1998. ATT YOR JOHN F. FESTA Alhofeez CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICI RICHARD J. WEISS, VILLAGE ATTORNEY -2- ;copy of neither any di of sec newsp (SEAL) Sookle Williams perso 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 Dada 'County, Florida; that the attached copy of advertisement, -being a Legal Advertisement of Notice in the matter of • VI7.T.AGE OF KEY BISCAYNE AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1998 !THROUGH SEPTEMBER 30,, 1999 in the XXXXX Court, WeAserlistied ilynngwspaper in the issues of Allan further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Flodda, 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 pedod of one year eding ihe first publication of the attached semenk and afflant further says that she has r promised any person, firm or corporation rebate, commission or refund for the purpose Is adve sement for publication in the said RY PO linnown Wipe. C. O N - FOF 4'P OFFICIAL NOTARY SEAL JANETT LLEREMA Gee's&- 1 NUMBER CC5o6004, YCOMVQ4ON EXPIRES NE�232000 VILL'ACaE OE KEY Bf 1 CAYN ` Office of the Village Clerk PUBLIC NOTICE The Village of Key Biscayneproposes to adopt the following Ord finance: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, v?' -FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAii. COMMENCING OCTOBER 1, 19911 THROUGH SEPTEMBER 30, 1994 P.URSOEANj7TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EBFECTIVE'DATE A Public Hearing; on the first reading of thiS proposed Ordinance has been scheduled by the Village Council for Tuesday,: September 8 1998 at 7,00 p.m. in the Vdiage Council Chambers onthe second floor gat 85 West McIntyre Street, Key Biscayne, Flonda andithe Public gearing on -the second reading of this Ordinance has been "scheduled. -by the Village Council for Tuesday, September 15, 1998 at 7:00 p.m.... m the Village -Connell Chambers on the second r85,-West wMctntyre Street, Key Biscayne, Florida. LL; Interested -parties' ate invited to hppear andbe heard. A copy of the .,proposed ordinance may be obtained at Village Hall, Office of the VII- lege Clerk. 91 West McIntyre Street, Suite 201, Key Biscayne Rorida e Should any person desire to appear any dodsion 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 ;4 made including all testimony and evidence upon which any appeal may be based (F.S. 286,0105). Conchae H, Alvarez Village Clerk 9/3, __.. _ __. _ _ 98-4-090374M ORDINANCE NO. 98-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY CREATING ARTICLE V "BUSINESS USE REGULATIONS" CONSISTING OF SECTION 30-100 "OUTDOOR DINING FACILITY REGULATIONS", TO PROVIDE REGULATIONS CONCERNING OUTDOOR DINING FACILITIES AT RESTAURANTS WITHIN THE VILLAGE; PROVIDING FOR MODIFICATION OF APPLICABILITY OF THE REGULATION OF OUTDOOR DINING FACILITIES AS UNUSUAL USES UNDER MIAMI-DADE COUNTY ZONING CODE WITHIN THE VILLAGE; PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INTERIM ENFORCEMENT POLICY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village Council finds it appropriate to amend the Village's land development regulations so as to regulate outdoor dining facilities at restaurants through the criteria provided in this Ordinance, in lieu of simply utilizing the unusual use zoning approach as described in Section 33-13 and Section 33-311(d) of the Miami -Dade County Zoning Code; and 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 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 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. Article Created. That Article V "Business Use Regulations" of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby created by creating Section 30-100 "Outdoor Dining Facility Regulations" to read as follows: Article V. Business Use Regulations. Section 30-100. Outdoor Dining Facility Regulations. A. Notwithstanding the provisions of Section 33-13 and Section 33-311(d) of the Miami -Dade County Code (the "County Code"), as made applicable within the Village pursuant to Section 30-21 of the Village Code and Village Charter Section 4.13, outdoor dining facilities at restaurants which meet the criteria of paragraph C of this section, may be authorized and approved by the Village pursuant to this section, in lieu of the unusual use regulatory criteria for outdoor dining facilities which are provided by the above described provisions of the County Code. However, unless otherwise specified by ordinance of the Village, applications not meeting the criteria set forth in paragraph C of this section, may be processed by the Village for consideration as an unusual use in accordance with such County Code provisions, upon appropriate application. This section shall apply only to outdoor dining facilities located in the BU -1 Neighborhood Business District as described on the attached map. The term "Outdoor Dining Facility", as used herein means a use located on private property which has outdoor table service of food and beverages which are prepared in an adjacent or attached restaurant, for consumption on the premises. It is characterized by tables and chairs and may be shaded by canopies, awnings or umbrellas. B. Shopping centers may generally provide tables, chairs and benches so long as such furniture has a consistent design and color and meets all applicable codes, provided that the Village staff review and approve a site plan for such furniture. There shall be no outdoor dining service to such shopping center furniture nor shall there be a concentration of furniture at any one location in the center. 2 C. Outdoor furniture to be utilized by restaurant facilities located on individual sites or within shopping centers for outdoor dining purposes as an accessory to restaurant facility use may be permitted as an Outdoor Dining Facility, subject to compliance with the following criteria: Tables and chairs shall not be placed in a manner which restricts direct pedestrian access along a forty-four (44) inch wide pathway from the entrance of a shopping center to an elevator or steps. Tables and chairs shall not be placed in a manner which violates the Americans with Disabilities Act ("ADA"). Furniture is limited to tables, chairs, and umbrellas. Signage is not permitted on outdoor furniture. The owner of the shopping center shall submit evidence that an Outdoor Dining Facility is permitted on the premises. Furniture which is composed of PVC, plastic, fiberglass, formica, or similar materials is prohibited. An Outdoor Dining Facility shall not be required to comply with motor vehicle parking regulations. The Building, Zoning, and Planning Director may establish reasonable conditions as part the approved site plan. An appeal of the Director's decision shall be decided by the Village Council. There shall be no outdoor music or amplification associated with the Outdoor Dining Facilities. Tables and chairs that are not permanently attached to the floor shall be stored inside the enclosed restaurant unit providing such service, when such unit is closed. Tables and chairs at each restaurant shall have a consistent design and color and the arrangement shall meet all applicable codes, including public accessibility. Tables and chairs shall be located directly in front of the restaurant unit served. 3 The restaurant providing such Outdoor Dining Facility shall provide restroom facilities in accordance with the South Florida Building Code. 13. Restaurants shall have any disposable tableware and accessories marked with its trademark or indicia of ownership and shall be responsible for all litter within a 300' radius. 14. All food preparation shall be from within the enclosed restaurant. 15. Pass -through windows, take-out windows, or similar types of windows are not permitted. 16. A complete site plan, accompanied by all pertinent data, must be submitted to and approved by the Village's Building, Zoning and Planning Department, Fire Department, Police Department. Such site plan shall be revocable at the will of the Village if any of the criteria or conditions of approval are violated or if new regulations are adopted by the Village and not satisfied by the restaurant facility. Site plans shall describe the location of all furniture, lighting and other related services - and functions associated with the request for approval. D. Applications for approval pursuant to this section must be jointly filed by the authorized applicant for the entire property within which all restaurant facilities proposing to engage in an Outdoor Dining Facility use are located, so that the compatibility of uses is promoted and piecemeal review is avoided. Section 2. Conflict. To the extent that the provisions of this Ordinance conflict with the provisions of Section 33-13 and Section 33-311(d) of the Miami -Dade County Zoning Code concerning outdoor dining facilities as an unusual use, the provisions of this Ordinance shall prevail. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in 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. 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. 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. Applicability. Nothing in this Ordinance shall be applied in a manner which conflicts with the conditions of development orders previously issued or which retroactively conflicts with the adjudications previously made by Special Masters of the Village in code enforcement proceedings. Section 7. Repeal. Resolution No. 98-37, providing an interim enforcement policy concerning the use of outdoor dining facilities for restaurants within the Village, is hereby repealed, effective upon the adoption of this Ordinance. 5 Section 8. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 25th day of August, 1998. PASSED AND ADOPTED on second reading this 13th day of October, 1998. F. FESTA, MAYOR ATTEST: fat CHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIC J. WEItS; VILLAGE ATTORNEY 103001\Ordinances \Outdoor Dining Facility Regulations 6 0* PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE TheMiami Herald Publishingcompany Before the undersigned authority personally appeared: HIRAM LOPEZ who on oath says that he/she is" CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: SEPTEMBER 20, 1998 NEIGHBORS ZONE 3 PAGE 18 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered 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 he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing '- this advertisement for publication in the said newspapers(s). C41C Sworn to and subscribed before me this 23rd DAY OF SEPTEMBER 1998 My Commission Expires: October 17, 2001 Virginia.' allon One Herald Plaza, Miami, Florida 33132-1693 (305) 350-2111 ORDINANCE NO. 98-8 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AMENDMENT OF 1997-1998 FISCAL YEAR BUDGET BY THE TRANSFER OF VILLAGE FUNDS FROM THE STORMWATER UTILITY FUND AND FROM THE CAPITAL IMPROVEMENT FUND TO PROVIDE FOR THE EAST ENID DRIVE IMPROVEMENT PROJECT; AND PROVIDING FOR THE REPLACEMENT BY THE GENERAL FUND OF SUCH TRANSFERRED FACILITIES RESERVE FUNDS IN THE 1999-2000 AND 2000-20001 FISCAL YEAR BUDGETS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the East Enid Drive improvement program (the "Project") has been previously approved by the Village Council; and WHEREAS, the Project provides for much needed drainage, sidewalk, roadway, traffic calming, and lighting improvements; and WHEREAS, funds to finance the Project are to be provided from the Capital Improvement Fund and from the Stormwater Utility Fund; and WHEREAS, funds on hand in the General Fund are not presently sufficient to fully satisfy the General Fund share of the Project, but additional funds are available in the Capital Improvements Fund; and WHEREAS, it is necessary and appropriate to utilize such additional funds from the Capital Improvement Fund for the purpose of paying the General Funds' share of the Project cost, with replacement of such funds back to the Facilities Reserve of the Capital Improvement Fund to be provided by the General Fund in the 1999-2000 and 2000-2001 fiscal year budgets; and WHEREAS, the Village Council finds that the adoption of this Ordinance is in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. The above stated recitals are hereby adopted by reference and confirmed herein. Section 2. Transfer Approved: Budget Amended. That there is hereby approved and made a transfer of $ 430,000 from the Capital Improvement Fund, and the transfer of $ 330,000 from the Stormwater Utility Fund, for the Project and $ 58,000 from the Safe Neighborhood Act, so as to fund the Project and enable the General Fund to be charged for providing its appropriate share of the Project. The 1997-1998 budget adopted by Ordinance 97-24 is hereby accordingly amended. Further, it is specified that a charge shall be placed and made against the General Fund revenues, available in the 1999-2000 fiscal year and 2000-2001 fiscal year, for the purpose of replacement to the Capital Improvement Fund transferred pursuant to this Ordinance. Section 3. Implementation. That the Village Manager and the Finance Director are authorized to take all action necessary to implement the provisions of this Ordinance. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Effective Date. This Ordinance shall be effective immediately upon passage by the Village Council on second reading. 2 PASSED AND ADOP 1'tD on first reading this 25th day of August, 1998. PASSED AND ADOPTED on second reading this 13th day of October, 1998. jr-e— JOHN F. FESTA, MAYOR CONCHITA ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY 103001\ordinances \amendment of 1997-1998 fiscal year budget 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 ifkla 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 COUNCIL MEETING OCTOBER I3, 1998 In the XXXXX wYItesey�ilLpblished in.s Idnewspaper in the issues of l7G C.. if iii `:740 Court, AHiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and thatthe 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.:.dvertlsement; and affiant further says that she has any of s n: sco cud nor promised any person, firm or corporation t, rebate, commission or refund for the purpose this adv isement for publication: in the said 1 Sw erteootiderscrIbed before mey Y3 lji day of A.D. 19 TJ• /�rCnvrX.c-� c. (SEAL) Sookte Williams personally known VILLAGE OF KEY BISCAYNE OFFICE -OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the adoption. of. the following ordnance will. . be considered. on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, October 13, 1998, 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, PROVIDING .FOR '.AMENDMENT OF 1997-1998 FISCAL YEAR BUDGET BY THE TRANSFER OF VILLAGE FUNDS FROM THE STORMWATER UTILITY FUND AND FROM- THE FACILITIES.: RESERVE OF THE CAPITAL IMPROVEMENT FUND TO PROVIDE FOR. THE EAST ENID DRNE IMPROVEMENT PROJECT; AND PROVIDING FOR THE REPLACEMENT BY. THE GENERAL FUND OF SUCH TRANSFERRED FACILITIES::: RESERVE FUNDS W': THE 1999-2000 AND 2000-2001 FISCAL YEAR BUDGETS, PROVIDING FOR SEVERABILITY; PROVIDING FOR 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 Cage 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 'pith Disabilities Act of 1990, all'- persons who are disabled and who need special accommodations to participate in this proceeding because of thatdisability should contact ,:the Office of the Village Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not =Hater than two business days prior to such proceeding. Should any person desire to appeal any 'decision of the Village ':Council with respect toany 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 (F.5..286.0105).._, tiPaY PVA TARY sEAL CHERYLOFFiciAL tH MARMER U i0 COMMISSION HOUSER _ < CC545384 o 9T6O) S APR.SSION EXPIRES Fl. Conchita H. Alvarez Village Clerk -. 9t41011122M 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 flk/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 AMENDMENT OF 1997-1998 FISCAL YEAR BUDGET, ETC, In the XXXXX Court, wllspupbilshap,n rd, paper the issues of Af lant 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 • vertsement; and Milani further says that she has nenL r p id nor promised any person, firm or corporation any - Ise • nt, rebate, commission or refund for the purpose 0f ec . ng this a ertlsement for publication in the said Per - (SEAL) Sookie Williams personally known to me. Sworn to and subscribed before me tthhiss.. September A.D. 19 VILLAGE O KEY BISCAY' SE{ ` ' PUBLIC NOTICE Notice: is hereby given that the adoption of the following ordinance 'v✓ll be considered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, September 22, 1998, 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, FLOR- IDA, PROVIIDING FOR AMENDMENT OF 1997199B FISCAL YEAR BUDGET BY THE TRANSFER OF VILLAGE FUNDS FROM THE- STORMWATER UTILITY FUND AND FROM THE FACILITIES' RESERVE OF THE CAPITAL IMPROVEMENT FUND TO PROVIDE FOR THE EAST ENID DRIVE IMPROVEMENT PROJECT; AND PROVIDING FOR THE REPLACEMENT BY THE GENERAL FUND OF SUCH TRANSFERRED FACILITIES RESERVE FUNDS IN THE 11999 .2000' AND 2000-2001 FISCAL YEAR: BUDGETS; PROVIDING FOR SEVERABILITY; PROVIDING FOR 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 33149. Interested parties may appear at the Poblic 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': 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 businessdays 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 ofthe proceedings is made including all testimony and evidenceupon which any appeal may be based (F.S. 286.0105). Conchita H. Alvarez Village Clerk: 9/18 98-4-091835M tp,0.Y cLd{ HERYL NOTARY11 HARMER ( COMMISSION NUMBER s `=y a CC545384 c? MY COMSESSIO!r EXPIRES OF FL° APR. 12,2000 ORDINANCE NO. 98-9 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $7,200,000 OF STORMWATER UTILITY REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; AND PROVIDING FOR 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"), for the purpose of expanding and improving the Stormwater Utility System within the Village (the "Project") and paying costs of issuance of 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; and WHEREAS, on March 11, 1997, the Council adopted Ordinance No. 97-9 and Resolution No. 97-11 authorizing and setting forth the tenus of an extension of the Notes for an additional 364 days; and WHEREAS, on March 10, 1998, the Council adopted Ordinance No. 98-2 and Resolution No. 98-6 authorization and setting forth the terms of a further extension of the Notes for an additional 364 days; and WHEREAS, the Notes mature on March 30, 1999; and WHEREAS, the Village Council (the "Council") of the Village of Key Biscayne, Florida (the "Village") desires to authorize the issuance of not exceeding $7,200,000 Stormwater Utility Revenue Bonds (the "Bonds") for the purpose of providing funds, together with other available funds of the Village, to pay the principal of the Notes, fund a debt service reserve fund, if necessary, and pay costs of issuance of the Bonds, all in order to provide permanent financing for the Project; and WHEREAS, the Council desires that the Bonds be secured primarily by Stormwater Utility Fees as defined in Ordinance No. 93-11 adopted by the Village on June 22, 1993 (as amended by Ordinance No. 93-11-A) and secondarily by a covenant to budget and appropriate from legally available Non -Ad Valorem Revenues of the Village as defined in the Note Resolution, all as further specified by subsequent resolution of the Council. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. In accordance with the provisions of the Charter of the Village of Key Biscayne, Florida and Chapter 166, Florida Statutes, there are hereby authorized to be issued Stormwater Utility Revenue Bonds of the Village, in an aggregate principal amount not to exceed $7,200,000, in one or more series, for the purpose of providing funds, together with other available funds of the Village, to pay the principal of the Notes, fund a debt service reserve fund, if necessary, and pay costs of issuance of the Bonds, all in order to provide permanent financing for the Project. The Bonds shall be designated "Village of Key Biscayne, Florida Stormwater Utility Revenue Bonds, Series ", or such other designation as may be approved by supplemental resolution, shall be dated such date, shall be in such denominations, shall be stated to mature in such year or years not later than thirty (30) years from their date of issuance, shall bear interest from their dated date at a rate or rates not exceeding the maximum rate permitted by law at the time of issuance of the Bonds, shall be subject to redemption at the option of the Village at such times and prices, and shall have such other details, all as shall hereafter be determined by the Council by supplemental resolution. The supplemental resolution may be adopted, and the Bonds may be issued, at any time after the effective date of this Ordinance. Section 2. The Village Manger is hereby authorized to negotiate with banks or other financial institutions for the purchase of the Bonds and with respect to the terms of the Bonds. The Village Attorney, Bond Counsel and the Financial Advisor to the Village are hereby authorized to draft documents and to do all other things necessary to accomplish the issuance and sale of the Bonds. Section 3. This Ordinance will become effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 13th day of October , 1998. PASSED AND ADOP 1'ED on second reading this 27th day of October , 1998. F. FESTA CONCHITA H. ALVAREZ, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFI RICHA J. WEISS, VILLAGE ATTORNEY (SEAL) Sookie Williams personally known to me. 16 Sworn to a subscribed before me f l day of 'Lober A.D. 19 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 ILLAGE OF KEY BISCAYNE RDINANCE AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $7,200,000 OF STORMWATER UTILITY REVENUE BONDS in the X_XXXX Court, Tee sftV in sell n wspaper in the issues of 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 bean entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one ye - next preceding the first publication of the attached co • • f a, ertisementtand affiard further says that she has d nor promisedany person, firm or corporation nt, rebate, commission or refund for the purpose g this a vertisement for publication In the said LACE'"OF KEY BISCAYNE' PUBLIC NOTICE otice is hereby given that the adoption of the following ordinance wiltbe considered on Second Reading by the Key/Biscayne Village Council at ' meeting to be held on Tuesday,; October 27‘ 1998,.a17:00. I 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, AUTHORIZING THE ISSUANCE OF NOT EX- CEEDING $7,200,000 OF STORMWATER UTILITY FE- ' VENUE BONDS OF :THE VILLAGE OF KEY BISCAYNE, FLORIDA ' PROVIDING .-FOR; A- SUPPLEMENTAL RE- SOLUTION SETTING FORTH THE DETAILSOF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Interested parties are invited trap be heard- A copy of the proposed Ordinance may be obtained at Village Hall, Office of the Vil-.' ,' lage Clerk, 91 West McIntyre Street; Suite 201, Key Biscayne, Fonda '.. 33149. Interested parties may,, appeal/at the Public Hearing and be heard with respect to the proposed ordinance. -In accordance with the Americans With Disabilities Act of 1990, all I, persons who 'are disabled and who need specialraccornmodations to ;participate in this proceeding because of -that disability should contact the Office of the Village., Clerk, 91 West,McIntyre Steet, Suite 201, Key Biscayne, Florida 33149, telephone number (305) 365.5506, not_.. later than two business dayspnor to such proceeding. ' Should any person desire to appeal any decision of=the Village'. Council with respect to anymatterto be considered at this meeting,.' that person shall. Insure that a verbatim record of the- proceedings is made includingall testimony. and evidence upon -which any appeal. 'may be based (F.S. 286.0105). Canchita R. Alvarez Village Clerk - • - `;`10/16 . .. J 98-4-101606M :SPRY PV ARY SEAL O/ CHERYL HOFFICIAL �MARMER 2 i) a\ n cSMauss o$ NUMBER CC545384 'mil es. % MY COM.dv"S6iON EXPIRES FOp F O APR. 12,2000 ORDINANCE NO. 98-10 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE CREATION OF FUND AND BUDGET AMENDMENT FOR THE SANITARY SEWER IMPROVEMENT FUND AS A FUND WITHIN THE ENTERPRISE FUNDS PROVIDED BY THE ANNUAL BUDGETS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village Manager has requested authorization from the Village Council to create a Sanitary Sewer Improvement Fund within the Enterprise Funds and to provide a Budget Amendment for Fiscal year 1998; and WHEREAS, the Village Council desires to authorize the creation of such new fund and Budget Amendment. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYINE, FLORIDA, AS FOLLOWS: Section 1. Fund Created. That the Sanitary Sewer Improvement Fund is hereby created as a fund within the Enterprise Funds of the Village. Section 2. Implementation. That the Village Manager or his designee is authorized to take all action necessary to establish and maintain the Sanitary Sewer Improvement Project Fund. Section 3. Budget. The Fiscal year 1998 Budget Amendment attached hereto is approved. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Effective Date. This Ordinance shall be effective immediately upon passage by the Village Council on second reading. PASSED AND ADOPTED on first reading this 13th day of October , 1998. PASSED AND ADOPTED on second reading this 27th day of October , 1998. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: TA H. ALVAREZ, VILLAGE CLERK RIGS, VILLAGE ATTORNEY 103001\ordinances \sanitary sewer project improvement fund 2 ;e —r TA, MAYOR Swom t ansubscribed before me this O 98 of A.D. 19 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 personalty appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review Ma 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 VILLAGE COUNCIL MEETING OCTOBER 27, 1998 In the XXXXX wJs ppblispsi in spill. i spaper In the Issues of Court, 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 saki Dade County, Florida, .each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office , amt in said Dade County, Florida, for a period of preceding the first publication of the attached isement; and affiant further says that she has nor promised any person, firm or corporation nt, rebate, commission or refund for the purpose g this a 1 ertisement for p blicaton in the said 20 day Sookia Williams personally kno sz, max? LAGg ()EKE* BISCAYN PUBLIC tIOTICBr: Notice is hereby given that the, addptioii otYhe following "ordinances` swill be considered on. Second -Reading by the-KeyBiscayne Village, Council ata meeting tibiae" held on Tiesday, 0ctober27, 4598, at 7;00—, the Council ,Chamber located clnty at 85 West- M re Street Second Floor Key8iscayne Flonda;, AN 'ORDNANCE THE Vil f AGE OF KEY= BISCAYNE;_ FLORIDA,''HOYIDING�FOR THE'CREATION OF FUND:::" . y AND BUDGET AMENDMENT, FOR THE SANITARY SEWER- =1 IMPROVEMENTTFUND'AS-A FUND yITHIN'THE-ENTERR-' PRISE FUNDS PROVIDED BY THE ANNUAL BUDGETS OF THE VILLAGE ‘OF;, KEY BISCAYNE;- PROVIDING -FOR- SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. ,, Interested partiesce art mvded,to appear and be heard. Acopy of the- (tag'eCterk 9tnWest McIntyreStreet, Suitr201BKeyBscayne,flo dh f 33149. taterested parties' may^app ar at'theM Public "Heharr ng.and be" liheard with respecttot"7eergposedardinance.. l r£, '?r In'accordance with the-- Americans With fbsabihfies Apt, of t990, all ;persons whoare drsabted and who need special=accommodation$ to participate in this proceeding because of. that disability should contact'; Itthe Ofkce of the Village: Clerk, 91 WestMclntyre Street, Suite 201;'.; if Key Biscayne, Florida 33149, telephone number (305) 365-5506, oat laterthaniiwo business days priorto. suchproceedlhg. Should any person -desire to appeal any decision of rthe Viilage� `Council -with respectto eny-maker-to sot: consideracl at thrsAeeting; -I that person shall insure4hat a verbatim teeord"ofifie proceedings fs ,grade including all. testimony and evidence upon whrrch any appeal maybe based (F.S. 286.0105)- Conohita H. Alvarez` Village Clerk 98-4-102 Ptyy p0. OF ;C{, AL NOTARY SEAL > CHERYL H MARMER t 7 0 CDiUISSION NUMBER N CC54E384 Q LlY COMMSSJON EXPIRES tapCO APR. 12,2000 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 ORDINANCE PROVIDINGFOR THE CREATION OF FUND AND BUDGET AMENDMENT FOR THE SANITARY SEWER IMPROVEMENT FUND in the XXXXX Court, was tlinh a in saidrplyppaper in the issues of Afflant further says that the said Miami Daily Business Review is a newspaperpublished at Miami in said Dade County, Florida, and that the said newspaper has heretofore • been continuously published in said Dade County, Florida, I. 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 . • ertisemenQ and affiant further says that she has nel an of n Sworn to and subscribed before me in Ocobe 16 day of d nor promised any person, firm or corporation nt, rebate, commission or refund for the purpose g this ad ertisement for publication in the said er. , A.D. 19 (SEAL) Sookie Williams personally known to me. t VILLAGE rICEIE BISCAYNE PUBLIC NOTICE Notice is hereby gven that the adoption of the following ordinance ;„,will be considered on Second Reading by the Key Biscayne Village, ,,,,Council at a meeting to be held on Tuesday, October 27, 1998, at 7:00 Y, in the Council Chamber„ locatedat 85 West McIntyre Street, Second Floor, Key:Biscayne, Florida _ AN ORDINANCE OF -THE -VILLAGE OF KEY BISCAYNE, FLORIDA —PROVIDING FOR THE_:'CREATION OF 'FUND AND BUDGETAMENDMENTFOR.THE SANITARY SEWER IMPROVEMENT FUND PROVIDED BY THE ANNUAL BUDGETS OF THE VILLAGE OF.1. KEY BISCAYNE;:. PROVIDING FOR`- SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. Interested parties are invited lb appear and by heard-. A copy of the =proposed ordinance -maybe obtained at Village Hall, Office of the Vil-'. e lager Clerk, 91 Wesa,Mcfntyre Street, Suite 201, Key Biscayne Florida . 23149: Interested parties may appear at the Public Hearing and be I heard with respect to the proposed'ordfnance. t' In accordance with the Amencahs With Disabilities Act '611990, 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 Clerkr91 West Mclntyre 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 metier to be considered at this meeting, that person shall: insure that a verbatim record of the proceedings is "'-madeincluding: all testimony and evidence Upon which any appeal:- may based (F.S. 286.0105). Conchlta H. Alvarez `. Village Clerk 10116 _ , 9W4 -101&1X41 PU OtPRY V4 OFFICIAL CHERYL a AIARMER t 11)-A C6XM^!St0N NUMBER 9` ..� Q CC545394 Pri COPS.M1SSt0N EXPIRES °F FLO ARR. 12,2000