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HomeMy Public PortalAbout1999 AllORDINANCE NO. 99-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE TITLE OF ARTICLE 11 FROM "AMENDMENTS TO ZONING ORDINANCE" TO "ADMINISTRATION OF THE ZONING ORDINANCE"; AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY AMENDING SECTION 30-23 "GRANTING OF VARIANCES", RENUMBERING AND AMENDING SECTION 30-24 "ADMINISTRATIVE VARIANCES" TO SECTION 30- 25, CREATING SECTION 30-24 "SUPERVISORY VARIANCES", AMENDING AND RENUMBERING SECTION 30-25 "PUBLIC HEARING AND NOTICE OF HEARING" TO SECTION 30-28, RENUMBERING SECTION 30-26 "EX- PARTE COMMUNICATIONS TO SECTION 30-29, CREATING SECTION 30-26 "REGULATORY VARIANCES"; CREATING SECTION 30-27 SUMMARY OF VARIANCE REGULATIONS; PROVIDING FOR SEVERABILITY, REPEALER, INCLUSION IN THE CODE OF THE VILLAGE OF KEY BISCAYNE, AND AN EFFECTIVE DATE. WHEREAS, the Code of the Village of Key Biscayne provides that an application for a text -change of regulatory controls may be filed; and WHEREAS, the Building, Zoning, and Planning Department has prepared a staff report which recommends the adoption of this ordinance; and WHEREAS, the Village Council, following review and public hearing, accepts the recommendations as set forth herein and finds them to be in the best interests of the citizens of the Village of Key Biscayne. WHEREAS, the Village Council of the Village of Key Biscayne also acts as the Local Planning Agency. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1: That Chapter 30, Article 11 "Amendments to Zoning Ordinance" is amended to read "Administration of the Zoning Ordinance". (Coding: Words in struck through type are deletions from existing law, words underscored are additions). 1 Section 2: That Chapter 30, Section 30-23, "Granting of Variances" of the Code of the Village of Key Biscayne is hereby amended as follows: Section 30-23 Granting -of Variance Procedures. (a) Findings of fact. (1) Pursuant to articic & Section 4.13 of the Charter of the Village certain ordinances of Metropolitan Dade County are made applicable to the Village as municipal ordinances, including Chapter 33 of the County Code (the "Zoning Code"). (2) The Zoning Code provides that under certain circumstances, non-use variances may be granted on an administrative basis without the necessity of public hearing or review. (3) The Council is of the opinion that the supervisory variance and the administrative variance procedures, as outlined in the Zoning Code this Article , is inappropriate are appropriate for use in the Village. (b) Repeal. Section 33-36.1 of the Code of Metropolitan Dade County as made applicable to the vVillage is hereby repealed in it entirety. CO Variance Criteria. A variance shall be granted upon a finding that the petition meets the following criteria: (1) Maintains the basic intent and purpose of the zoning, subdivision and other land use regulations. which is to protect the general welfare of the public. particularly as it affects the stability and appearance of the community: and a2) Is compatible with the surrounding land uses and would not be detrimental to the community. (d) Use and Density Variances. In no instance shall a variance be granted which permits a use that is not listed as a Permitted use in the district in which the property is located or permits an increase in density that exceeds the maximum permitted density allowed in the zoning district in which the property is located (e) Types of Variances. There are three types of variances which may be granted under these regulations. These include Supervisory Variances, Administrative Variances, and Regulatory Variances. .(d) Resolution. The resolution which memorializes the approval of any type of variance shall be recorded in the public records of Miami -Dade County at the applicant's expense. A copy of the proof of recordation shall be submitted to the Building. Zoning. and Planning Department prior to the issuance of any building permits. No building permit shall be issued 2 until proof of recordation has been submitted to the Building. Zoning. and Plannin Department. O • Village Attorney Opinion for applications which are considered by the Village Council. The Villae Attorn ey shall provide the Village Council with an opinion as to whether the application is properly submitted and that it does not constitute a change of zoning, a use variance or density variance £ Building. Zoning and Planning Director Recommendation for applications which are considered by the Village Council.. The Director of the Building. Zoning and Planning Department shall provide the Village Council with a recommendation for each application that is considered by the Council. Time Limit. The approval of any type of variance shall automatically become null and void unless the appropriate building permit. occupational license. Certificate of Occupancy o Certificate of Completion has been issued within 18 months of the date the resolution was executed by the Village Mayor. Requests for an extension of time for a maximum additional 18 months shall be considered by the Village Council. Notice requirements for such requests are the same as those that were used for the original application. (h) Application Forms. The Building, Zoning, and Planning Department shall provide the applicant with the application form. Order or Notice of Violation. When the Building, Zoning. and Planning Director determines that an application is complete. prosecution of a violation shall be stayed until the Village Council approves or denies an application which would remedy the violation. If the Building, Zoning and Planning Director determines that a stay would imperil the life or property or otherwise create substantial risk or injury or would amount to a public nuisance. a stay shall not be issued. in Appeals. An appeal of a decision made by an official of the Village shall be to the Village Council. Following a public hearing. a majority vote of the Council members in attendance at the meeting is required to reverse or amend a decision of said official This shall not be applied to conflict with the Village Charter requirement of action by four (4) affirmative votes. Judicial review of a decision made by the Village Council shall be to a court of competent jurisdiction by petition for certiorari. and within the time frames allowed by the rules of appellate procedures. For purposes of filing an appeal of a decision of the Council, any party who appeared in writing, orally, or was represented by an attorney. or any party who received written notice of the hearing from the Village Clerk or the Building. Zoning. and Planning Department shall be considered as an ag reeved p subject to iudicial rules of standing. (k) Consideration of Petitions After Denial or Withdrawal. When an application is denied by the Village Council or withdrawn after public notice has been provided. no other application that is substantially the same as the original application shall be filed within one year from 3 the date of denial or withdrawal. This prohibition may be waived by the Village Council by permitting the withdrawal or denial without prejudice: Any subsequent application that provides setbacks. densi or parking_s aces of 10% or more of the counts that were provided in the original application. shall be determined to be a new application and not subject to provisions of this paragraph.. 0) Notification. Whenever notification to property owners is required. the applicant making the request shall submit the following to the Building, Zonine. and Plannina Department: 1. A list of the names and addresses of all property owners within the notification distance that was required by this Ordinance and a letter certifying as to the accuracy and completeness of the list by a Licensed Professional Engineer, Licensed Architect. Licensed Landscaped Architect Licensed Real Estate Broker. Licensed Real Estate Appraiser, an attorney who is a member of the Florida Bar. a Licensed Land Surveyor, or a Land Planner who is a member of the American Institute of Certified Planners (AICP). 2. Two duplicate s-ts of self adhesive mailing labels containing the names and addressees of property owners indicated on the certified list Section 3: That Chapter 30, Section 30-24 "Administrative Variances" of the Code of the Village of Key Biscayne is hereby renumbered as Section 30-25 "Administrative Variances" and amended as follows: Department, upon application duly made, may, by written administrative decision, approve section, Non T Je . Section 30-25 Administrative Variances i i) The Administrative Variance procedure shall mean a variance from thc provisions of the Codc of Kcy Biscayne relating to apply only to improvements existing at the time of application as opposed to planned construction and involving the following matters exclusively: setbacks, spacing of l u hiuio, Floor Area Ratios, lot coverage. pervious area,. and parking. The Administrative Variance procedures may only be used for applications which receive the approval of the Building. Zoning. and Planning Director. The maximum amount of the waiver is 20% of the requirement. set forth in this section and provided they comply with thc following limitations: 4 not rcduccd by more than ten perccnt of that normally required; (2) That the spacing requirement between principal and accessory buildings is not reduced below 50 perccnt of that normally required; (3) that thc parking requirements may bc reduced from those normally required by modifying any of the required parking dimensions by two perccnt. This modification shall only bc applicable to a maximum of ten percent of thc required parking spaces. Department shall find: character of thc community; (2) That thc Non Usc Variance will not be injurious to thc arca involved or otherwise detrimental to the public welfare; minimize aural and visual impact on thc adjacent propertics while affording the applicant a reasonable use of his land. We) An application for an Administrative Non Usc Variance shall be made by the fee owner of the property on a form prescribed by the Building, Zoning and Planning Department and shall be submitted to the Building, Zoning and Planning Department, together with a processing fee which shall be set and may be amended from time to time by the Village Manager. The application shall include a recent survey of the property, an accurately dimensioned site plan showing the existing structures on the subject property, the general location and use of existing structures on the adjacent properties from which the Non -Use Variance is being requested and a letter of intent explaining the reason and justification for the Non -Use Variance. The application shall be accompanied by: (1) The written consent of all the owners of all adjacent or abutting lots to the subject property, including lots immediately across the street from the subject property; and (2) The written consent of all utilities and/or easement holders if the proposed work encroaches into any easements. Non Use Administrative Variance applications shall not be processed unless and until all the information set forth in this paragraph (e d) is delivered to the Director of the Building, Zoning and Planning Department. (c)(d) Upon receipt of the completed application for the Non Usc Administrative Variance, the Director of the Building, Zoning and Planning Department, prior to making his decision, shall inspect or shall have a staff member of his Department inspect the subject property and 5 its surrounding properties to determine what impact, if any, the proposed request will have on the area. The applicant shall submit a petition from The staff member shall attempt t personally contact the residents and/or owners of the adjacent properties including the property or properties immediately across all adjacent streets, for th„ purpose of collecting attesting to their approval of the Administrative Variance. The Building. Zoning and Planning Department shall determine who is required to sign the petition. Upon receipt of all necessary information including a staff report, the Director of the Building, Zoning and Planning Department shall review the information and render his decision either approving, approving with modifications, or denying the request. A copy of said decision shall be published in a newspaper of general circulation in the Village of Key Biscayne. A- courtesy notice containing the decision of the Director of the Building, Zoning and Planning Department may be mailed to adjacent and abutting property owners of record, their tenants or their agents, that are duly noted on the application. The failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder. In granting any Non Uac Administrative Variance, the Director of the Building, Zoning and Planning Department may prescribe any appropriate conditions and safeguards he may feel necessary to protect and further the interest of the area and abutting properties. The decision of the Director of the Building, Zoning and Planning Department shall be recorded on the official zoning maps of the Village of Key Biscayne. The applicant, or any aggrieved property owner in thc arca, may appeal the decision of the Director of the Building, Zoning and Planning Department to the Village Council within 15 days from the date the decision is published. Building, Zoning and Planning Department shall stop or suspend any construction authorized A building permit shall not issued until the appeal period has tolled. In the event the Director of the Building, Zoning and Planning Department should determine that the prohibition of issuing a buildin permit could cause imminent peril to life or property, he the Director may permit thc construction to continue the issuance of a building permit upon such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper under the circumstances. All appeals hereunder shall be in the form prescribed by the Village Manager and shall include a processing fee which shall be set and amended form from time to time by the Village Manager. The appeal shall be on forms provided by the Build. Zoning. and Planning Department. A fee shall not be charged. (D(g)) A request for judicial review of a the decision of the Village Council shall be made ' pursuant to a petition for certiorari. Section 4: That Chapter 30, Section 30-24, "Supervisory Variances" of the Code of the Village of Key Biscayne is hereby created as follows: Section 30-24 Supervisory Variances Supervisory Variances. The Supervisory Variance procedure shall mean a variance from the provisions of the Code of Key Biscayne limited to improvements existing at the time of application as opposed to planned construction and involving the following matters exclusively: setbacks, spacing of buildings, Floor Area Ratios. lot coverage. pervious area. and parking. The Supervisory Variance procedures may only be used for applications which receive the approval of the Building. Zoning, and Planning Director and are subject to the following: The Building, Zoning and Planning Director shall have the authority to waive up to 2 ft. or 10% whichever is greater of the required setbacks, lot coverage, pervious area, or parking for projects which have been completed or under construction (see paragraphs 3 and 4 below). 12) The applicant shall provide a written statement from the abutting property owner consenting to the waiver. There shall be no other notice requirement. (3) For existing construction which has received a Certificate of Use or Certificate of Occupancy; the applicant shall provide an affidavit stating they did not construct that portion of the project which encroaches into the required setback. (4) For projects which are under construction and an encroachment into the required setback has occurred, the applicant shall provide a statement that the encroachment has resulted from an error during construction. Section 5: That Chapter 30, Section 30-26, "Ex-parte communication" of the Code of the Village of Key Biscayne is hereby renumbered as Section 30-29. Section 6: That Chapter 30, Section 30-26, "Regulatory Variances" of the Code of the Village of Key Biscayne is hereby created as follows: Section 30-26 Regulatory Variances (a) Regulatory Variances The Village Council shall have jurisdiction regarding the disposition of a Regulatory Variances. The following procedures shall be used in the processing of applications for Regulatory Variances. 1. Application forms: The Building, Zoning, and Planning Department shall have the responsibility of assisting applicants in the fling of applications for Regulatory Variances. 7 2. Public Notice and Hearing Requirements: The Village Clerk shall schedule a public hearing pursuant to the procedures set forth in Section 30-26 28. An application for a Re ug latory Variance requires one public hearing before the Village Council. All public hearings and meetings of the Council with regard to a Regulatory Variance are open to the general public. Interested parties shall have the right to appear at any meeting or public hearin personally or by an attomey, and have the right to object or to express favor before the Council. Any interested person may file there objection or approval in writing prior to the time the Council makes a decision on the application. 3. Vote: Except as provided for in the Village Charter. A majority vote of the members of the Council in attendance is required to deny. approve or approve a request with conditions. Violations of the conditions shall be deemed to be a violation of this Ordinance. 4. Modification of Conditions: Should the applicant request to modify any condition said request must be approved by the Village Council. Public notice shall be the same as that which was required for the on ing al request. 5. Resolution: The Village Council shall memorialize its decision in the form of a resolution. The resolution shall be recorded in the public records of Miami -Dade County and be considered as a covenant running with the lane . No building permit. Certificate of Occupancy. Certificate of Use. or Occupational License shall be issued until the applicant provides evidence of the recordation. A copy of the proof of recordation shall be submitted to the Building. Zoning. and Planning Department prior to the issuance of any buildingpermits. Section 7: That Chapter 30, Section 30-25, "Public hearing; notice of hearing" of the Code of the Village of Key Biscayne is hereby renumbered and paragraph (a) thereof is amended as follows: Sec. 30-23 28 Public hearing; Hearing and Notice of hearing. Requirements (a) When an application, Metropolitan Dad., County, is filed which requires a public hearing before the Village Council. the Village Clerk shall schedule same and provide public notice as set forth below, it shall promptly be sct for public hearing bcforc the Village Council. Section 8: That Chapter 30, Section 30-27, "Summary of Variance Regulations" of the Code of the Village of Key Biscayne is hereby created as follows:. 8 Variance relating to: Setbacks Floor Area Ratios, Lot Coverage, Pervious Area Parking % or footage that may be waived u0 \ariane A (1'it s' Variance' Variance relating to: Setbacks Floor Area Ratios, Lot Coverage. Pervious Area Parking Variance relating to: Setbacks Floor Area Ratios, Lot Coverage. Pervious Area Parking Key: V:1 riance All variances 2 ft. or <10 % of requirement > 10%but<20% Any percentage Requires Building Zoning, and Planning Director annroval prior to ptocessin" Yes Yes No Approval of adjacent property owner nearest to request Yes Yes No Approval of all adjacent pronertv owners (petition) Only property owner nearest to the request Yes No Mailed notice to property owners within 300 ft. No No Yes Notice in newspaper No Yes Yes Posting of property No No Yes Appeal to Village Council Village Council Court Section 9: 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 10: 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 part of the Code of Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and the word "Ordinance" shall be changed to"Section" or other appropriate word. 9 Section 11: Penalty. Pursuant to Sec. 1-14 of the Village Code, any person who violates any provision of the 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 12: Conflict: That all sections or parts of sections of the Code of the Village of Key Biscayne, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 13: That this ordinance shall be in full force and effect immediately upon the date of passage by the Village Council on second reading. PASSED AND ADOPTED on first reading this 8th day of December, 1998. PASSED AND ADOPTED on second reading this 12th day of January, 1999. CONCHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AN R LEGAL S CY: RICHARD J. WEISS, VILLAGE ATTORNEY This document was prepared by Jud Kurlancheek, AICP, Director Building, Zoning, and Planning Dept. Jud Kurlancheek, Kurlancheek, 'rector 10 ORDINANCE NO. 99-2 AN ORDINANCE OF THE VILLAGE OF KEY. BISCAYNE, FLORIDA; AMENDING THE 1997-1998 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; 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. Supplemental Budget Appropriations Approved and Adopted. The Budget of the Village of Key Biscayne for fiscal year 1997-1998 is hereby amended as outlined in Exhibit "A" (increases in certain Revenues and Expenditures). Section 2. Effective Date. This ordinance shall become effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 12th day of January, 1999. PASSED AND ADOPTED on second reading this 9th day of February, 1999. CONCHITA H. ALVAREZ, CMC, VILLAGE CL RICHARD JA ATTORNEY APPROVED AS TO "►RM A D LEGAL SUFFICIENCY SCO MIAMI DAILY BUSINESS REVIEW ---Fublished-Daily-excep1-Saturday,Sunday, and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/kla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE PUBLIC NOTICE MEETING - 2/9/99 in the XXXXXXX Court, wa;, publis ed in sajd„0 ,@paper in the issues of 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 arty per or corporation any disco. , . rebate, commiss'- -0 refund or the purpose of sec -rig this advertise, publics ,on in the said new pe 26 d SW e me th4s a ILLAGE OF KEY BISCAYNE PUBLI_C:NOTICE Notice -Is hereby gives that the,.tottowfng oitinance mania consid- ered on Seam:, Reading. by the Key Biscayne gdlage Council at a meeting to be held on Tuesday, Februarys, 1999at 7'00 p.m , in the Council Chamber formed at 85 West Melntyre street',Second -Floor,- =AN ORDINANCE.OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING; THE; 19971998, VILLAGE BUDGET AS PROVIDED FON ON.EXHIBIT•.''A" PROVIDING -FOR Interested partiesare invited to -appear and,be beard. A copyofthe' (proposed`rdlrrance maybe obtained at Village l -1 11 Office,g7=,;hhe-Vil- lage-Clertt9#•West-MCMtyre Street.aSude 201,1CeyBiscayne, Florida; 33149: . In accordancewith=the Americans -With -Disabilities Act of. 1990, an • persons: who are disabled and who need special accommodations to participate inthis proceeding because of that disability should contact. the Office of the Village Clerk, 91 West McIntyre -Street, Surle;"201,.' Key Biscayne Florida -33149, telephone number (3051, 365-5506,_not; laterthan=two businessdaysprior to such proceeding.. 4 �. • Strote any person desire 10 appeal -any decision of the -village. Council with' respect, ta: any -matter to:be, considered at -this meeting;, that person shafl insure that a verbatim record aline prbceedingsas� made including alt testimony and evidence uponwhich any -appear' may be based (F.S, 286.0105)- Can -chits 1-1 Atyarez, CIVIC Village Clerk - 1/26 99-4-012604M (SEAL) t*,1iy P• OFFICIAL NOTARY SEAL Oy� �- JANETT LLERENA Octelma V. Ferbeyre personally known' am `�,�,I 0 COM 9S90N NUMBER a GC56EOO4 QUO MY COMMISSON EXPIRES OF FAO JUNE 23,2000 • ORDINANCE NO. 99-3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY CREATING CHAPTER 29.1 "SPECIAL ASSESSMENTS FOR ROADS, WATER, STREET LIGHTING, SANITARY SEWER, AND OTHER PUBLIC IMPROVEMENTS," CONSISTING OF SECTION 29.1-10 "AUTHORITY FOR PROVIDING IMPROVEMENTS AND LEVYING AND COLLECTING SPECIAL ASSESSMENTS AGAINST PROPERTY BENEFITED," SECTION 29.1-11 "METHOD OF PRORATING SPECIAL ASSESSMENTS," SECTION 29.1-12 "RESOLUTION REQUIRED TO DECLARE SPECIAL ASSESSMENTS," SECTION 29.1-13 "PLANS AND SPECIFICATIONS," SECTION 29.1-14 "PUBLICATION OF RESOLUTION," SECTION 29.1-15 "PRELIMINARY ASSESSMENT ROLL," SECTION 29.1-16 "PUBLICATION OF PRELIMINARY ASSESSMENT ROLL," SECTION 29.1-17 "FINAL CONSIDERATION OF SPECIAL ASSESSMENTS," SECTION 29.1-18 "PRIORITY OF LIEN; INTEREST; AND METHOD OF PAYMENT," SECTION 29.1-19 "LEGAL PROCEEDINGS MAY BE INSTITUTED," SECTION 29.1-20 "BONDS MAY BE ISSUED," SECTION 29.1-21 "AUTHORITY TO ASSURE VALID ASSESSMENT," SECTION 29.1-22 "EXPENDITURES FOR IMPROVEMENTS," SECTION 29.1- 23 "ASSESSMENT ROLL, SUFFICIENT EVIDENCE OF ASSESSMENT," SECTION 29.1-24 "DENOMINATION OF BONDS; INTEREST, ETC.," SECTION 29.1-25 "CONSTRUCTION AND AUTHORITY OF THIS CHAPTER," SECTION 29.1-26 "PROVISIONS SUPPLEMENTAL;" SECTION 29.1-27 "ACTIONS TO CONTEST;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN TILE CODE; PROVIDING FOR Elk'ECTIVE DATE. WHEREAS, the Village Council desires to establish an enabling ordinance for special assessments to be utilized to finance necessary public improvements, including but not limited to roads, water, street lighting, sanitary sewer and other public improvements in the Village. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Ordinance Adopted. The Village Code is amended by adopting Chapter 29.1 "Special Assessments for Roads, Water, Street Lighting, Sanitary Sewer and Other Public Improvements" to read as follows: Sec. 29.1. Special Assessments for Roads, Water, Street Lighting, Sanitary Sewer and Other Public Improvements. Sec. 29.1-10. Authority for providing improvements and levying and collecting special assessments against property benefited. -- 1. The Village may, by resolution of the City Council: (a) Provide for the construction, reconstruction, repair, renovation, and upgrading of sanitary sewers to serve property in the Village, including any and all necessary components of the sanitary sewer system; (b) Provide for the construction, reconstruction, repair or upgrading of roadways, water utilities, street lighting, and any or all public improvements described in or authorized by Chapter 170, Fla. Stat., as if listed in full herein. (c) Provide for the payment of all or any part of the costs of any such improvements (referenced in subparagraph (a) or (b) above) by levying and collecting special assessments on the abutting, adjoining, contiguous, or other specially benefited property. 2. Special assessments may be levied only for the purposes enumerated in this section and shall be levied only on benefited real property at a rate of assessment based on the special benefit accruing to such property from such improvements when the improvements funded by the special assessment provide a benefit which is different in type or degree from benefits provided to the community as a whole. The term "improvements," as used in this Chapter includes any type of improvements referred to in paragraph (1) above. 3. This Chapter 29.1 is created pursuant to the Village's home rule power conferred by Section 2 of Article VIII of the Florida Constitution as codified in Section 166.021, Fla. Stat. Additional authority may be conferred by Chapter 170, Fla. Stat., however, this Chapter 29.1 is not solely dependent upon the authority of Chapter 170, Fla. Stat. Accordingly, to the extent that this Chapter 29.1 conflicts in any respects with Chapter 170, Fla. Stat., this Chapter 29.1 shall control. 4. In lieu of the use of bonds as a vehicle for financing the cost of the sanitary sewer improvements, the Village Council by ordinance authorizing the borrowing of funds may borrow funds from the State of Florida Revolving Fund for sanitary sewer 2 improvements (the "Loan"). The Council may by resolution provide for the repayment of the Loan in whole or in part by imposing special assessments against the property benefited. The Village Council shall take all steps necessary to assure that the Loan is timely and fully paid in accordance with its terms. Sec. 29.1-11. Method of prorating special assessments. --Special assessments against property deemed to be benefited by local improvements, as provided for in s. 29.1-10, shall be assessed upon the property specially benefited by the improvement in proportion to the benefits to be derived therefrom, said special benefits to be determined and prorated according to a per parcel or per dwelling unit basis, or according to the acreage, value, foot frontage of the respective properties specially benefited by said improvement, or by such other method as the Council may prescribe by resolution, so long as the amount of the assessment for each parcel of land is not in excess of the proportional benefits as compared to other assessments on other parcels of land. Sec. 29.1-12. Resolution required to declare special assessments. --When the Council determines to make any public improvement authorized by s. 29.1-10 and defray the whole or any part of the expense thereof by special assessments, said Council shall so declare by resolution stating the nature of the proposed improvement, designating the location of the improvements, and the part or portion of the expense thereof to be paid by special assessments, the manner in which said assessments shall be made, when said assessments are to be paid, what part, if any, shall be apportioned to be paid from the general improvement funds of the municipality; and said resolution shall also designate the lands upon which the special assessments shall be levied, and in describing said lands it shall be sufficient to describe them as "all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefited thereby and further designated by the assessment plat hereinafter provided for." Such resolution shall also state the total estimated cost of the improvement. Such estimated cost may include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all lands, property, rights, easements, and franchises acquired, financing charges, interest prior to and during construction and for 1 year after completion of construction, discount on the sale of special assessment bonds, if any, cost of plans and specifications, surveys of estimates of costs and of revenues, cost of engineering and legal services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction, administrative expense, and such other expense as may be necessary or incident to the financing authorized. Sec. 29.1-13. Plans and specifications, --At the time of the adoption of the resolution provided for in s. 29.1-12, there shall be on file with the Village Clerk, an assessment plat showing the area to be assessed, with plans and specifications, and an estimate of the cost of the proposed improvement, which assessment plat, plans and specifications and estimate shall be open to the inspection of the public. Sec. 29.1-14. Publication of resolution. --Upon the adoption of the resolution provided for in s. 29.1-12, the Village Clerk shall cause said resolution to be published one time in a newspaper of general circulation published in the Village, and if there be no newspaper published in said Village, the Village Clerk shall cause said resolution to be published once a week for a period of 2 weeks in a newspaper of general circulation published in Miami -Dade County. Additionally, the 3 publication shall be made twice in a local newspaper. Sec. 29.1-15. Preliminary assessment roll. --Upon the adoption of the resolution described in s. 29.1-12, the Council shall cause to be made a preliminary assessment roll in accordance with the method of assessment provided for in said resolution, which assessment roll shall be completed as promptly as possible by the Village Manager or his/her designee; said assessment roll shall show the lots and lands assessed and the amount of the benefit to and the assessment against each lot or parcel of land, and, if said assessment is to be paid in installments, the number of annual installments in which the assessment is divided shall also be entered and shown upon said assessment roll. Sec. 29.1-16. Publication of preliminary assessment roll. --Upon the completion of said preliminary assessment roll, the Council shall by resolution fix a time and place at which the owners of the property to be assessed or any other persons interested therein may appear before said Council and be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property so improved. Twenty days notice in writing of such time and place shall be given to such property owners. The notice shall include the amount of the assessment and shall be served by mailing a copy to each of such property owners at his or her last known address, the names and addresses of such property owners to be obtained from the records of the property appraiser of Miami -Dade County or from such other sources as the Village Clerk or Village Manager deems reliable, proof of such mailing to be made by the affidavit of the Clerk or deputy clerk of the Village, said proof to be filed with the Clerk, provided, that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. Notice of the time and place of such hearing shall also be given by two publications a week apart in a newspaper of general circulation in the Village, and if there be no newspaper published in the Village the Village Clerk shall cause said notice to be published in like manner in a newspaper of general circulation published in Miami -Dade County; provided that the last publication shall be at least 1 week prior to the date of the hearing. Said notice shall describe the streets or other areas to be improved and advise all persons interested that the description of each property to be assessed and the amount to be assessed to each piece or parcel of property may be ascertained at the office of the Village Clerk. Such service by publication shall be verified by the affidavit of the publisher and filed with the Village Clerk. Sec. 29.1-17. Final consideration of special assessments; --At the time and place named in the notice provided for in s. 29.1-16, the Council shall meet and hear testimony from affected property owners as to the propriety and advisability of making the improvements and funding them with special assessments on property. Following the testimony, the Council shall make a final decision on whether to levy the special assessments. Thereafter, the governing authority shall meet as an equalizing board to hear and consider any and all complaints as to the special assessments and shall adjust and equalize the assessments on a basis of justice and right. When so equalized and approved by resolution of the Council, a final assessment roll shall be filed with the Council and City Clerk, and such assessments shall stand confirmed and remain legal, valid, and binding first liens upon the property against which such assessments are made until paid; however, upon completion of the improvement, the Village Manager shall credit to each of the assessments the difference in the assessment as originally made, approved, and confirmed and the proportionate part of the actual cost of the improvement to be paid by special assessments as finally determined upon the completion of 4 the improvement, but in no event shall the final assessments exceed the amount of benefits originally assessed. Promptly after such confirmation, the assessments shall be recorded by the Village Clerk in a special book, to be known as the "Improvement Lien Book," and the record of the lien in this book shall constitute prima facie evidence of its validity. The Council may by resolution grant a discount equal to all or a part of the payee's proportionate share of the cost of the project consisting of bond financing costs, such as capitalized interest, funded reserves, and bond discount included in the estimated cost of the project, or other financing costs, including financing pursuant to the State Revolving Fund program upon payment in full of any assessment during such period prior to the time such financing costs are incurred as may be specified by the Council. Sec. 29.1-18. Priority of lien; interest; and method of payment. --The special assessments shall be payable at the time and in the manner stipulated in the resolution providing for the improvement; shall remain liens, coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid; shall bear interest, at a rate not to exceed 8 percent per year (or lesser percent specified by resolution), or, if bonds are issued pursuant to this chapter, at a rate not to exceed 1 percent above the rate of interest at which the improvement bonds authorized pursuant to this chapter and used for the improvement are sold, from the date of the acceptance of the improvement; and may, by the resolution aforesaid and only for capital outlay projects, be made payable in equal installments over a period not to exceed 30 years, to which, if not paid when due, there shall be added a penalty at the rate of 1 percent per month, until paid. However, the assessments may be paid without interest at any time within 30 days after the improvement is completed and a resolution accepting the same has been adopted by the Council or at such later date as provided by the resolution of the Council. For sanitary sewer projects, the Council may, by resolution, provide for deferral of commencement of special assessment payments until connection to the improvements is required. Additionally, at its discretion, the Council may by resolution establish a program to defer payment of special assessments by low income property owners, whose income level and financial status would meet the criteria applied to affordable housing assistance under Section 8 of the Federal Housing and Community Development Act or similar criteria. Sec. 29.1-19. Legal proceedings may be instituted --Each annual installment provided for in s. 29.1-18 shall be paid upon the dates specified in said resolution, with interest upon all deferred payments, until the entire amount of said assessment has been paid, and upon the failure of any property owner to pay any annual installment due, or any part thereof, or any annual interest upon deferred payments, the Council shall cause to be brought the necessary legal proceedings by the Village Attorney to enforce payment thereof with all accrued interest and penalties, together with all legal costs incurred, including a reasonable attorneys' fee, to be assessed as part of the costs and in the event of default in the payment of any installment of an assessment, or any accrued interest on said assessment, the whole assessment, with the interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. In the foreclosure of any special assessment, service of process against unknown or nonresident defendants may be had by publication, as now provided by law in other like suits. The foreclosure proceedings may be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgages; or, in the alternative, said proceeding may be instituted and prosecuted under chapter 173. 5 Sec. 29.1-20. Bonds may be issued. --After the equalization, approval and confirmation of the levying of the special assessments for improvements as provided by s. 29.1-17 and as soon as a contract for said improvement has been finally let, the Council may by ordinance authorize the issuance of bonds, to be designated "Improvement bonds, series No. ," in an amount not in excess of the aggregate amount of said liens levied for such improvements. Said bonds shall be payable from a special and separate fund, to be known as the "Improvement fund, series No. " which shall be used solely for the payment of the principal and interest of said "Improvement bonds, series No. " and for no other purpose. Said fund shall be deposited in a separate bank account; and all the proceeds collected by the Village from the principal, interest, and penalties of said hens shall be deposited and held in said fund. Said bonds so issued shall never exceed the amount of liens assessed, and said bonds shall mature not later than 2 years after the maturity of the last installment of said liens. Said bonds shall bear certificates signed by the Village Clerk certifying that the amount of liens levied, the proceeds of which are pledged to the payment of said bonds, are equal to the amount of the bonds issued. The bonds may be delivered to the contractor in payment for his or her work or may be sold at public or private sale for not less than 95 percent of par and accrued interest, the proceeds to be used in paying for the cost of the work. Said bonds shall not be a general obligation of the Village, but shall be payable solely out of said assessments, installments, interest, penalties, provided that said bonds may be secured by any other revenues that may be legally available for such purpose. Any surplus remaining after payment of all bonds and interest thereon shall revert to the Village and be used for any municipal purpose. Bonds issued under this section may be refunded from time to time as provided in this section. Sec. 29.1-21. Authority to assure valid assessment. --If any special assessment made under the provisions of this chapter to defray the whole or any part of the expense of any said improvement shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the Council shall be satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected, or if the Council shall have omitted to make such assessment when it might have done so, the Council shall take all necessary steps to cause a new assessment to be made for the whole or any part of any improvement or against any property benefited by any improvement, following as nearly as may be the provisions of this chapter and in case such second assessment shall be annulled, said Council may obtain and make other assessments until a valid assessment shall be made. Sec. 29.1-22. Expenditures for improvements. --The Council may pay out of its general funds or out of any special fund that may be provided for that purpose such portion of the cost of any improvement as it may deem proper, as specified by resolution. Sec. 29.1-23. Assessment roll sufficient evidence of assessment. --Any informality or irregularity in the proceedings in connection with the levy of any special assessment under the provisions of this chapter shall not affect the validity of the special assessment where the assessment roll has been confirmed by the Council. The assessment roll as finally approved and confirmed shall be competent and sufficient evidence that the assessment was duly levied, that the assessment was duly made and adopted, and that all other proceedings adequate to the adoption of the assessment roll were duly had, taken, and performed as required by this chapter, and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was 6 materially injured thereby. However, nothing in this section shall relieve the Council from notifying the affected property owners of the special assessments as required by this chapter. Sec. 29.1-24. Denomination of bonds; interest; etc.. --Any bonds issued under this chapter shall be the denomination of $500, or some multiple thereof, and shall bear interest as provided in s. 215.84 until paid in full, payable annually or semiannually, and both principal and interest shall be payable at such place or places as the Council may determine. The form of such bonds shall be fixed by resolution and said bonds shall be signed by the mayor and the Village Clerk under the seal of the Village; the coupons, if any, shall be executed by the facsimile signatures of said officers. The delivery of any bond and coupon so executed at any time thereafter shall be valid although before the date of delivery the person signing such bond or coupons shall cease to hold office. Any bonds issued under this section shall have all the qualities of negotiable paper under the law merchant, and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof, and shall be incontestable in the hands of bona fide purchasers or holders thereof for value. Sec. 29.1-25. Construction and authority of this chapter. --This chapter shall be full authority for the issuance and sale of the bonds by this chapter authorized, and shall be construed as an additional and alternative method for the financing of the improvements referred to herein. No ordinance, resolution, election or proceeding in respect of the issuance of any bonds hereunder shall be necessary, except such as is required by this chapter or the Village Charter, and no publication of any resolution, ordinance, election, notice or proceeding relating to the issuance of the bonds provided for by this chapter shall be required, except such as required by this chapter. Sec. 29.1-26. Provisions supplemental. --This chapter shall not repeal any other ordinance relating to the subject matter hereof, but shall be deemed to provide a supplemental, additional, and alternative method of procedure for the benefit of the Village and shall be liberally construed to effectuate its purpose. Sec. 29.1-27. Actions to contest. --Any suit, action or proceeding in any court questioning the validity of any resolution imposing special assessments under the provisions of this Chapter or the sufficiency or the regularity or legality of the publication, or mailing of copies of the notice stating the place, date and hour for a public hearing or of any proceeding taken in connection with the levy of special assessments as provided in this Chapter, must be commenced within a period of thirty (30) days after the filing with the Village Clerk of a copy of the resolution imposing such special assessments pursuant to s. 29.1-17. After the expiration of such period of limitation, no right of action or defense founded upon the invalidity of any such proceeding shall be asserted, and no suit, action or proceeding shall be instituted with respect thereto. 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, 7 clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon passage by the Village Council on second reading. PASSED AND ADOPTED on first reading this 9th day of March, 1999. PASSED AND ADOPTED on second reading this both a of April, 1999. SCO, MAYOR CONCHITA ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFF RICHARD JAY WEISS, VILLAGE ATTORNEY 103001\ordinances\special assessments for roads, water, street lighting and sanitary sewer improvements MIAMI DAILY BUSINESS REVIEW Published Daily excepttaiurday, 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 B1SCAYNE ORDINANCE 4/20/99 OFD. MENDING THE VILLAGE CODE BY CREATING CHAPTER 29.1, .FTC,. in the XX :tL Court, was published in said newspaper in the issues of Apr 8, 1999 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 affant further says that she has neither paid nor promised any person - m or corporation any disco • rebate, commissi • -fun for the purpose of secu g is advertise . public ion in the said news•: 8 p de (SEAL) telma V. Ferbeyre pe me this 99 A ALtt. NOTAR SEAL app etc_ JANETT LLEKENA 5„ «i "Cime. cemweue" NUMES1 xr,.., , ', a CC566004 9f 4 MY commaIOM EXPIRES F9F Ft0 JUNE 23 000 4/8 LCAGiE OFF EY BISCAYNt` " ' OFFICE'OF The VILLAGE CLERIC `;' PUBLIC NOTICE Noticeis hereby given that the following ordinance will be consid- f ered an -Second Reading by the Key Biscayne Village Council- at a meeting to be held on- Tuesday, April 20, 1999 at 7:00 p.m., irtthe Council Chamber,located at 85 West McIntyre Street, Second Floor, Key Biscayne,. Florida:..; AN ORDINANCE OF'THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODEBY•CREATING ! .. CHAPTER -29.1 "SPECIAL ASSESSMENTS. FOR ROADS, - WATER, STREET LIGHTING, SANITARY SEWER, AND OTHER PUBLIC'. IMPROVEMENTS;' CONSISTING OF SECTION 291-10 "AUTHORITY FOR PROVIDING ` IM- PROVEMENTS' AND -LEVYING AND COLLECTING "SPE- - CIAL ASSESSMENTSAGAINST yROPERTYPROPERTY BENEFITED," SECTION 29.1;11". "METHOD OF PRORATING SPECIAL ASSESSMENTS,",. SECTION 29.1-12 "RESOLUTION : RE- • • QUIRED TO DECLARE SPECIAL ASSESSMENTS: SEC- TION s' 291-12 "PLANSIAND SPECIFICATIONS," SECTION X29.14:4` "PUBLICATION OF. RESOLUTION," SECTION 29.1- 15 'PRELIMINARY -ASSESSMENT ROLL,' SECTION 29.1= 16 "PUBLICATION OF PRELIMINARY ASSESSMENT ROLL," SECTION` 29.1-17 "FINAL CONSIDERATION OF SPECIAL ASSESSMENTS," SECTION 29.1-18"PROPERTY OF LIEN; INTEREST; AND METHOD OF PAYMENT," SEC- -- TION 291-19 "LEGAL PROCEEDINGS. MAY BE INSTI- TUTED," SECTION -29.1-23 "BONDS MAY.. BE ISSUED," • SECTION 29.1-21"AUTHORITY TO ASSURE VALID AS- SESSMENT," SECTION 29.4-22-"EXPENDITURESFOR-IM- PROVEMENTS," SECTION 291-23 ASSESSMENT ROLL,_ SUFFICIENT EVIDENCE OF. ASSESSMENT," SECTION '. 281-24 'DENOMINATION OF BONDS; INTEREST, ETC.;' SECTION 29.1 -25 -'CONSTRUCTION AND AUTHORITY OF THIS -S ECTION SECTION 291-26 ,"PROVISIONS SUP PLEMENTAL;" SECTION 291-27 "ACTIONS TO CONTEST," PROVIDING FOR SEVERABILITY; PROVIDING FOR IN- CLUSION IN THE CODE;; PROVIDING FOR EFFECTIVE lnterestedearties are invited to appear and be. heard. A copy of the proposed ordinance maybe obtained dt Village Hall, Office of the Vil- lage Clerk, 81 West McIntyre -Street,' Suite 201, Key Biscayne, Florida:. In accordance with the Americans With Disabilities Act of 1990, alt 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) 265-5505, not ,; later than two business days prior to such proceeding. Should . any person desire to appealany decision of the, Village - ;Council with respect to any matter to be considered at this meeting, '. that person shall Insurethat a verbatim record of the proceedings is made including alL testimony and evidence upon which any appeal maybe based (F S 286.0105). - Concnita H. Alvarez, CMG Village Clerk ORDINANCE NO. 99-4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CREATING CHAPTER 21, "PUBLIC RIGHTS -OF -WAY," TO PROVIDE REGULATIONS FOR THE PLACEMENT OF LANDSCAPING MATERIALS IN THE UNPAVED PORTION OF THE VILLAGE'S RIGHTS - OF -WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village Council has found that encroachments into the public rights -of -way, in the form of landscaping, have been allowed to occur over time; and WHEREAS, while much of this landscaping has resulted in the beautification of the Village, it can sometimes also cause a safety hazard to pedestrians walking along the public rights -of -way and to motorists who have their views blocked by overgrown vegetation; and WHEREAS, such landscaping may also be inconsistent with the public's future use of the public rights -of -way; and WHEREAS, the Village Council desires to amend the Village Code in a manner which will allow landscaping to remain in the public rights -of -way areas to the extent that it does not create a safety problem or impair the public's future use of the public rights -of -way; and WHEREAS, it is important that new residents of the Village are aware that there exists public rights -of -way within the Village and that restrictions on the use of that property exist; and WHEREAS, in order to provide such information, the Village will include information regarding landscaping in the public rights -of -way along with its response to lien search requests; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That Chapter 21, Rights -of -Way, is hereby created as follows: CHAPTER 21 PUBLIC RIGHTS -OF -WAY ARTICLE I. IN GENERAL Sec. 21-1. Definitions. [As used in this Chapter, the following words and terms shall have the meanings respectively ascribed:] Landscape Materials. Plants, trees, decorative rocks (natural or artificial) and similar items that accent the overall appearance of property. Public Rights -of -Way. Land where the State, Miami -Dade County, or the Village owns the fee or has an easement devoted to, or required for, use as a transportation facility. Street Trees. Trees that are planted and maintained consistently with the Village's street tree planting program. Swale. That portion of the Public Right -of -Way that is not improved with pavement. Village. The Village of Key Biscayne, Florida. ARTICLE II. LANDSCAPING IN THE PUBLIC RIGHTS -OF -WAY Sec. 21-10. Purpose. Surveys conducted in the Village have shown that many property owners have installed landscaping materials within the Swale portion of the Village's Public Rights -of -Way. While, in most cases, these installations have beautified the Village, in some instances the landscaping materials could create a safety threat (such as when they prevent pedestrians from being able to step off of the paved roadway or block motorists' line of sight). Additionally, use of the Public Rights -of -Way in this manner is inconsistent with its use by the public for travel purposes and, restricts the ability to alter the developed portion of the Public Rights -of -Way in the future if the need for such alteration should arise. 2 Sec. 21-11. Restrictions on the Placement of Landscape Materials in the Public Rights -of -Way. Landscape Materials may be installed or maintained in the Public Rights -of -Way subject to the following restrictions: (a) For properties where the driveway(s) can accommodate three or more parked vehicles, an area three feet wide, parallel with and immediately adjacent to the edge of the paved roadway, shall be maintained as a Step Off Clear Zone. No Landscape Materials other than sod are permitted in the Step Off Clear Zone. For properties where the driveway(s) can accommodate less than three vehicles, an area six feet wide, parallel with and immediately adjacent to the edge of the paved roadway, shall be maintained as a Clear Zone, With the exception of Street Trees, no Landscape Materials other than sod are permitted in the Clear Zone. However, plantings with a height not to exceed two and one half feet may be maintained within a radius of 24 inches from the base of any Street Tree. Trees installed prior to the adoption of this ordinance ("Existing Trees") may be retained in the Clear Zone so long as the tree is not less than three feet from the paved roadway, the lowest limb is a minimum of six feet above the ground and they are not so closely situated so as to prevent pedestrians from stepping off of the paved roadway as vehicles pass by. Plantings with a height not to exceed two and one half feet may also be maintained within a radius of 24 inches from the base of any Existing Tree that is allowed to remain pursuant to this provision. (b) Except within a line -of -sight triangle, Landscape Materials with no height restriction may be maintained within the remainder of the Public Right -of - Way area. (c) Line -of -Sight Triangles. There shall be maintained a Line -of -Sight Triangle which shall be an isosceles triangle with sides ten feet along the edge of the driveway and the edge of the street. In cases where a sidewalk exists, an additional Line -of -Sight Triangle with sides five feet along the edge of the driveway and the edge of the sidewalk shall be maintained. Within the Line - of -Sight Triangle Landscape Materials shall be maintained at a height not to exceed two and one half feet or with the lowest tree limb at least six feet above the ground. (d) In cases where the Public Right -of -Way width is greater than 50 feet, the distances from the paved roadway shall be expanded proportionately. (e) When a sidewalk exists or is installed — no Landscape Materials, with the exception of Street Trees, may be maintained between the edge of the paved roadway and the sidewalk. Where Street Trees are have been installed, 3 plantings with a height not to exceed two and one half feet may be maintained within a radius of 24 inches from the base of the Street Tree. (f) Landscape Materials shall be maintained in compliance with the requirements of the Metropolitan Dade County Public Works Manual, Part 1 Standard Details at all street intersections. (g) The sloping of all Public Rights -of -Way shall be maintained in accordance with the Dade County Department of Planning, Development and Regulation Landscape Manual. Sec. 21-12. Village Projects Within the Public Rights -of -Way. The following procedures shall be followed in circumstances where Village projects or improvements in the Public Right -of -Way require removal of Landscape Materials ("Village Projects"): (a) Village Projects must be approved by the Village Council after a public hearing (the "Approval Hearing"); (b) At least 60 days written notice of the Approval Hearing shall be sent by certified mail, return receipt requested, to each owner of property where Landscape Materials are to be removed ("Affected Owner"); (c) At least 60 days prior to an Approval Hearing the Village shall also place an ad in a newspaper of wide readership in the Village -containing information regarding the Village Project and the time and date of the Approval Hearing; (d) If the Village Project is approved, the Village shall send written notice, certified mail, return receipt requested, to each Affected Owner requiring that Landscape Materials be removed within 90 days. This 90 day period may be shortened by the Village Council in case of emergency; (e) The Village may remove any Landscape Materials that are not removed by the Affected Owner within the 90 day period; (f) (g) The Village may replace Landscape Materials removed as a result of a Village Project ('Replaced Material"); and The Village shall not be responsible for the maintenance or survival of Replaced Material. Sec. 21-13. Enforcement. 4 Enforcement of the provisions of this article shall be by action before the Special Master or such other method of code enforcement as the Village may use pursuant to the provisions of chapter 162, Florida Statutes. Sec. 21-14. Variances. Owners of developed property may apply for a Supervisory Variance for existing Landscape Material within the Public Rights -of --Way which does not comply with these provisions. Section 2. Conflict. To the extent that the provisions of this Ordinance conflict with the provisions of Section 2-103.16, concerning articles in the public right-of-way, and/or 33-11, concerning fences, walls, bus shelters and hedges, of the Miami -Dade County Code 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. 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 5 proceedings. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. PASSED on first reading this llth day of May, 1999. PASSED AND ADOPTED on second reading this 25th day of May, 1999. 4 lew CONCHITA ALVAREZ, CMC, VILLAGE C JOE I. RASCO, MAY APPROVED AS TO FORM AND LEGAL SUFFI 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 Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review fikia Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; thatthe attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE AN ORDNANCE CREATING CHAPTER 21 in the .Y..ai"XXY was published in said newspaper in the issues of May 14, 1999 Court, Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day. (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of. advertisement; and affiant further says that she has neither paid nor promised any pe • or corporation any disco r; rebate, comm i - ' refund or the purpose of sec mg this advertise nt r public ion in the said new (SEAL) Octelma V. Ferbeyre s SEAL C7 ooIMISSoN AMMER CC5&6004 e0, PLC leOME�1ONEXPJUN 0ES VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE -CLERK' PUBLIC,NOTICE Notice is hereby given.that the lol{owing ordinance wilkbe consid- ' eyed on Second Reading by the Key Biscayne Village Council at a meeting to -be held an uesday, May -20; 1999, at 7,00 poi., ui,=the 'Council Chamber, located at -85 Westtv1el`ntyre=Street,-Second,'Floor, "Key Biscayne Florida.; -:E-> - AN ORDINANCE OF THE VILLAGE OF KEY`BISCAYNE^,-_ ' FLORIDA (THE ,,VILLAGE")„'CREATING CHAPTER 21,. STREETS' AND "SIDEWALKS, TO PROVIDE REGULA- TIONS FOR THE PLACEMENT OF LANDSCAPING MATE- RIALS IN THE tINPAVED,,PORTION OF THE CITY'S RIGHTS OFWA-Y; PROVIDING FOR SEVERABILITY; PRO- VIDING FOREFFECTIVE DATE.- Interested pamesare lnvitedlo appear and be heard. A copy of the proposed. -ordinance maybe-obtainedrat Village Hall, Office of the Vil- lage Clerk, 9t West McIntyre Street, Suite 201, -fey. Biscayne. Florida 33149 In accordance with`the Ainericans wi tiDisabitnies `Act=of 1990, all ,persons' who are disabled -and who needsspeciat aceotomodations to participate in thispFoceediagbecause of that disabilny should contact^ the Office of the Village -Clerk, 91 `West Mclntyre Street, Suite 201, Key Biscayne, Florida .03149, telephone number (305) 365-5506, not later than Iwo 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 veMatun record- otthe'prdceedings is made including all testimony and evidence, upon which any appear may be based (FS -r-286,0106), Conchita H. -Alvarez, CMC, Village Creak '_99-4-OS1A1SMf ORDINANCE NO. 99-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR PROPOSED AMENDMENT OF THE VILLAGE CHARTER, BY AMENDING ARTICLE VII "GENERAL PROVISIONS" BY CREATING SECTION 7.08, "CHARACTER OF RESIDENTIAL STREETS," PROVIDING FOR RESTRICTION UPON ACTION BY THE VILLAGE TO ALTER LANDSCAPING AND IMPROVEMENTS UPON SWALE AREAS OF STREETS; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENT TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, OCTOBER 5, 1999; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR EFFECTIVE DATE WHEREAS, certain residents (the "Petitioners") of the Village of Key Biscayne ("the Village") have filed a petition to amend the Village Charter (the "Petition"), directly with the Miami - Dade County Supervisor of Elections Office (the "County") seeking to amend the Village Charter (the "Charter"), by proposing an amendment to the Charter which would prohibit the Village from taking "any action to alter in any substantive way... landscaping and improvements" in the swale portion of the public right of way, unless consented to by a "majority of property owners on such street" (the "Amendment"); and WHEREAS, the Petitioners elected not to submit the Petition to the Village Council, nor make use of the Charter amendment process contained in Section 6.02(a)(ii) of Article VI of the Charter by the filing of an Affidavit of a Petitioners' Committee; and WHEREAS, this Council finds that the Petitioners have not complied with the provisions of Article VI of the Charter, as described above, and that although the Village Council is therefore not bound to place the proposed Amendment before the Village electors in response to the Petition, the Village Council has determined, in its discretion, to place the proposed Amendment before the electors, pursuant to the authority of Section 6.02(a)(I) of the Charter, pursuant to which this Council is authorized to itself initiate Charter amendments and submit the amendments to the electors; and WHEREAS, this Council finds that utilizing the approach described immediately above would serve to follow this Charter, but avoid a legal dispute over the competing priority or interplay of the Village or County Charter provisions, as described in the Village Attorneys legal opinion of April 26, 1999; and WHEREAS, this Council has serious reservations regarding both the wisdom and legality of the proposed amendment, but wishes to submit it to the electors of Key Biscayne in accordance with the spirit of the present Village Charter. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the recitals made above are hereby confirmed and adopted. Section 2. That pursuant to Section 6.02(a)(I) of the Charter, Article VII "General Provisions" of the Village Charter is hereby amended by creating Section 7.08 "Character of Residential Streets," to read as follows: ARTICLE VII GENERAL PROVISIONS Section 7.08. Character of Residential Streets (1) For a number of years, the unpaved parts of the public rights of way adjoining the paved portion of the residential streets of the Village have been landscaped and improved by the adjoining property owners. In order to preserve this landscaping and improvements, the Village shall take no action to alter in any substantive way this landscaping and improvements on any street without the written consent of the majority of property owners on such street, it being understood the title to such swale, subject to this restriction, remains in the Village. (2) This Amendment to the Village Charter shall become effective immediately upon its adoption by a majority of the qualified electors of the Village voting in an election called for this purpose. Section 3. Election Called. That a special election is hereby called for Tuesday, the 5th day of October, 1999, to present to the electors of the Village of Key Biscayne, the ballot question provided in Section 4 of this Ordinance._ Section 4. Form of Ballot. That the form of ballot for the Charter Amendment provided for in Section 2 of this Ordinance shall be substantially as follows: 'PRESERVING THE CHARACTER OF RESIDENTIAL STREETS The existing Village Charter does not require consent of property owners on a street before the Village alters landscaping and improvements in the swale of that street. It is proposed that the Charter be amended to prohibit the Village from taking action to alter in any substantive way landscaping and improvements in the swale without the written consent of the majority of property owners on the affected street. Shall theabove described amendment be adopted? Yes[] No [ Section 5. Balloting. That balloting shall be conducted between the hours of 7:00 a.m. until 7:00 p.m. at the regular polling places for Village elections. All qualified electors residing within the Village shall be entitled to vote. Section 6. 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 in substantially the following form: NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT ORDINANCE NO. ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE "VIT J AGE") AN ELECTION HAS BF.FN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE ON TUESDAY, OCTOBER 5, 1999, BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE FOLLOWING PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE. "Title: Preserving The Character Of Residential Streets The current Village Charter does not require consent of property owners on a street before the Village alters landscaping and improvements upon the swale of such street. It is proposed that the Charter be amended to prohibit the Village from taking action to alter in any substantive way landscaping and improvements upon the swale without the written consent of the majority of property owners on such street. Shall the above described amendment be adopted? Yes [ ] No [ ] Polling place information and the full text of the proposed Village Charter amendment is available at the office of the Village Clerk located at 85 West McIntyre Street, Key Biscayne, Florida 33149. Section 7. Copies. That copies of this Ordinance proposing the Charter amendment are on file in the office of the Village Clerk located at 85 West McIntyre Street, Key Biscayne, Florida, 33149, and are available for public inspection during regular business hours. Section 8. Effectiveness. That this Charter amendment shall become effective if a majority of the qualified electors voting on the proposed Charter amendment vote for its adoption, it shall be 4 considered adopted and effective upon certification of the election results. Section 9. Inclusion in the Charter. Subject to the requirements of Section 8 above, it is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Charter of the Village of Key Biscayne; that the sections of this Ordinance may be re -numbered or re -lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 10. Effective Date of Ordinance. That this Ordinance shall become effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 25th day of May, 1999. PASSED AND ADOPTED on second reading this 8th day of June, 1999. CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JA ` WEISSaII L' E ATTORNEY r . 103001\ordinances\creating section 7.08 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 OF KEY BISCAYNE ORDINANCE WILL BE CONSIDERED ON SECOND READING JUNE 8, 1999 In the XXXXX Court, Terri] in stSnewspaper in the issues of AfRant 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 ye -x . receding the first publication of the attached cop t ad = , isement; and affiant further says that she has er paid or promised any person, flrm or corporation disco, rebate, commission or refund for the purpose ecurl' a this adv:„isement for publication In the said an of ne r. 27 S.FlR to and subacri d (SEAL) Sookle Williams perso • me .D. 19 OFF, "' AL L NOTARY SEAL PU JANETT LLERENA O. cO:;rT SetON NUMBER a CC566002 L1Y COMMISSSON EXPIRES OF JUNE JUNEE 23,2000 I LACaE`OF'KEYBISCAIYNE- OFFICE OF TILE VILLAGE CLERK PUBLIONOTJCE_.,- -Notice is herebygiven that the following ordinance will be consid-I ered en Second Reading by the Key Biscayne Village Council at a (me g/=to`be held on Tuesday, June- 8, 1999 -et 7:00' p.m., m°{be' °Olinda Chamber, located -at -85 -West McIntyre Street, Second Floor,'. Key Biscayne, Florida. AN ORDINANCE OF THE VILLAGE OF Key BISCAYE FLOR iA.11)AiPRCWIDIN& FOR.dFRGPOSED. AMENDMENt`QF THE„i 'VILLAGE EWARTER BY'AMENDING A11TICCE Vii `Fr:ENERAL'; PROVISION& By CREATING SECTIOF{ 08, 'CHARACTEROF •1- .RESIDENTIALi STREETS,' :PROVIDING, FOR ,'RESTRICTION' /UPON ACTION BY- THE,VILLAGE ;RaiALTER' LANDSCAPING= AND IMPROVEMENTS UPON SWALE AREAS OF STREETS; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUB-= MISSION TO: ELECTORS; CALLING ASPECIAL ELECTION -ON THE PROPOSED AMENDMENT TO THE VILLAGE CHARTER. TO BE HELDON TUESDAY; OCTOBER 5, 1999; PROVIDING FOR NOTICE OF ELECTION; PROVIDING' FOR INCLUSION IN THE CHARTER; PROVIDING FOR EFFECTIVE DATE. . Interested parties are invited to appear and be heard. A copy of the'. proposed ordinance may be obtained at Village Haft Office of the Vil-: rage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida- 133149. In accordance with the Americans With Disabilities Act of 1990, all who are disabled andwho need special accommodations to'. Rparticipate in this proceeding because of that disability should contact (the Office of me 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 that a verbatim record of the proceedingsisa. :.made including all. testimony -and, evidence upon which` any appeal;. _5/27' . Conchita H. AlvarezCMC Village Clerk 99-4-0527106M'. ORDINANCE NO. 99-6 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $10,000,000 OF LAND ACQUISITION AND CAPITAL IMPROVEMENT REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village Council (the "Council") of the Village of Key Biscayne, Florida (the "Village") desires to authorize the issuance of not exceeding $10,000,000 Land Acquisition and Capital Improvement Revenue Bonds (the "Bonds") or bond anticipation notes (the "Notes") for the purpose of purchasing land to be used for Village purposes, financing costs incident to the purchase of such land, such as survey and legal fees, financing a portion of the costs of construction of a fire station, police station, community center and Village administrative offices, financing architectural, engineering, environmental and other planning costs related thereto, and paying costs of issuance of the Bonds or Notes; and WHEREAS, the Council desires that the Bonds or Notes be secured by legally available non - ad valorem revenues of the Village, 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 Land Acquisition and Capital Improvement Revenue Bonds (or Bond Anticipation Notes) of the Village, in an aggregate principal amount not to exceed $10,000,000, in one or more series, for the purpose of purchasing land to be used for Village purposes, financing costs incident to the purchase of such land, such as survey and legal fees, financing a portion of the costs of construction of a fire station, police station, community center and Village administrative offices, financing architectural, engineering, environmental and other planning costs related thereto, and paying costs of issuance of the Bonds or Notes. If Bonds are issued they shall be designated "Village of Key Biscayne, Florida Land Acquisition and Capital Improvement 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 twenty (20) 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. If Notes are issued, they shall be designated "Village of Key Biscayne, Florida Land Acquisition and Capital Improvement JOC/S.MISC/207924/13524.003 Revenue Bond Anticipation Notes, 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 three (3) years from their date of issuance (not including any renewals or extensions of the Notes), shall bear interest from their dated date at a rate or rates not exceeding the maximum rate permitted by law at the time of issuance of the Notes, shall be subject to redemption at the option of the Village at such times and prices, and shall have such other details, all as shall hereafter be determined by the Council by supplemental resolution. The supplemental resolution may be adopted, and the Bonds or Notes may be issued, at any time after the effective date of this Ordinance. Section 2. The Village Manager is hereby authorized to negotiate with banks or other financial institutions for the purchase of the Bonds or Notes and with respect to the terms of the Bonds or Notes. The Village Attorney, Bond Counsel and the Financial Advisor to the Village are hereby authorized to draft documents and to do all other things necessary to accomplish the issuance and sale of the Bonds or Notes. Section 3. This Ordinance will become effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 8th day of June, 1999. PASSED AND ADOPTED on second reading this 22nd day of June, 1999. CONCHITA H. ALVAREZ, CMC, VTT I AGE C APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JA ISS, L AG ATTORNEY JOE I. RASCO, MAYOR JDC/B.MISC/20'1924-2/13524.003 2 Sworn to and subscribed before me this June 99 MIAMIDAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County,. Florida.- STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review 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 ORDINANCE AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $10,ODD ,©J0 OF LAND ACQUISITION AND CAPITAL IMPROVEMENT REVENUE BONDS, ETC. in the XXXXX Court, was published in said newspaper in the issues of Jun 11, 1999 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any pe. -. or corporation any disco rebate, comm i ., `fun •.for the purpose of sec ing this advertis e�, o public tion in the said new pe, 11 day of A.D.19 (SEAL) Octelma V. Ferbeyre personally kn � NTARY SEAL ,�Rv pUeG CHERYL H HARMER n CCMASSI0N NUMBER t CC545384 ,�t..- MY COMMS$I0N EXPIRES �� OF � &PR- 12,2000 VILLAGE OF KEY BISCAYNE'" OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE I Notice is hereby giventhat the following: ordinance will be tonsil- - ered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, June 22, 1999 at 7:00 p.m, in the. Council Chamber,: located at 85 West McIntyre Street, Second Floor, r Key Biscayne,Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,: AUTHORIZING: THE ISSUANCE OF NOT EX- CEEDING $10,000,000 OF LAND ACQUISITION AND CAP- ITAL IMPROVEMENTREVENUE BONDS OF THE VILLAGE -1 OF KEY BISCAYNE, .FLORIDA; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH-: THE. ( DETAILS OF. SAID -BONDS; AND PROVIDING AN EFFEC- TIVE DATE. Interested parties are invited to appear and be heard; A copy of the Proposedordinance may be obtained at Village Hall, Office of the Vil- lage Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne, Florida: 33149. - 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; I the Office of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Shouldanyperson desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shallinsure 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). Conchita H. Alvarez, CMC Village Clerk -6/11 99-4_-061105M._ ORDINANCE NO. 99-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2000 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, 1999 and the Village Council scheduled the public hearing required by Section 200.065(2)(c) of the Florida Statutes to be held on September 9, 1999 at 7:00 p.m.; and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 9, 1999, 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•9, 1999, 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, 1999, through September 30, 2000, was held, as advertised, on Tuesday, September 21, 1999, 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, 1999, are hereby approved and adopted. Section 2. This ordinance shall be effective upon adoption on second reading. PASSED AND ADOYi'ED on the first reading this 9 th day of September , 1999. PASSED AND ADOPTED on the second reading this 21st day of September, 1999. ETTA H. ALVAREZ, CMC, VILLAG APPROVED AS TO FORM AND T FGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY -2- ,heBland erath www.heratd.com www.elheratd.com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE. Before the undersigned authority personally appeared: JANEY ANDERSON 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 19, 1999 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). My Commission Expires` October 172001 Virginia J. OFFVttC'AL NG4'ARYSHAL. VIRGfraA I GALLON NOTARY PUBLIC STATEOFFLORIDA 1 COhMESIoN NO. Cc6 tsr, MY SON EXP. :OCT. 17,2371 MIAMI DAILY BUSINESS REVIEW Published-DailyexceptSaturday,Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/Wa Miami Review, a daily (except Saturday, Sunday and. Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORD, BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2000 in the XXXXX Court, gpblished in sailTracer in the issues of o 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, Flonda; for a period of one year next preceding the first publication of the attached copy of. advertisement; and athant further says that she has neither paid nor promised an • . -- •n, firm or corporation any disco - rebate, cam s •...• re .d for the purpose of sec ng this adve ation in the said new (SEAL) Octelma V. Ferbeyre personally -- VILLAGE OF KEY BISCAYHE' OFFICE OF THE VILLAGE 'CLERI - PUBLIC,HOTICE The Village of Key Biscayne proposes to adoptthe following Ordt' nance: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,' FLORIDA ADOPTING THE BUDGET FOR THE FISCAL: YEAR. COMMENCING OCTOBER 1,1999 THROUGH SEPTEMBER 30, -: 2000 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. A Public Hearing on the first reading of this proposed Ordinance' has been scheduled by the Wises oa cl for Thursday, September 9,:? 7999 at 7:00 p.m, in the. Village Council Chamber on the second floor at 85 West McIntyre Street, Key Biscayne, Florida and the Public: -Hearing on the second reading of this Ordinance has been scheduled by the Village Council for Tuesday, September 21, 1999 at 7:00 p.m. in the Village Council Chamber on the seeond floor at 85 West -"McIntyre Street, Key Biscayne Florida: Interested parties are invited to appear and be heard. A copy of the proposed ordinance may be obtained at Village Hall, Office of Vil- lage Clerk, 91 West. McIntyre Street, Suite 203. Key Biscayne, Florida 33149. I Should any person desire to appeal any decision of the Village Gouncit with respect to any matter to be considered at this meeting, 11- 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) 9.79 „tipxY rVI JeFIACIAL NOTAMCIT E NA n YY:RAI. G SStIMS6wn MAME l Q CC566O04 4Q N MM1 Y 0O 9S1ON EXPIRES KC JUNE 23,2000 'Conchita H Alvarez, CMC Village Clerk. 99-4-0910105M.. ORDINANCE NO. 99-8 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AGREEMENT FOR COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE FOR THE RESIDENTIAL AREAS OF THE VILLAGE BETWEEN THE VILLAGE AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to a Request for Proposals issued by the Village of Key Biscayne (the "Village") on July 1, 1999, the Village has selected BFI Waste Systems of North America (`BFI") to provide collection, transportation, and disposal of solid waste for the residential areas of the Village ("Residential Solid Waste Services"); and WHEREAS, the Village and BFI have come to an agreement regarding the terms of the provision of Residential Solid Waste Services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Agreement for collection, transportation, and disposal of solid waste for the residential areas of the Village between the Village and BFI (the "Agreement"), in substantially the form attached hereto, is hereby approved and the Village Manager is authorized to execute the Agreement on behalf of the Village. Section 2. That the Village Manager and Village Attorney are authorized to take any and all action necessary to implement the Agreement. 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. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 12th day of October , 1999. PASSED AND ADOPTED on second reading this 26th day of October , 1999. CONCIHTA H. ALVAREZ, CMC, VET LAGE APPROVED AS TO FORM ANI5,EGAL SUFFICIENCY: OVPkY\ RICHARD JAY WEISS, VILLAGE ATTORNEY 10300nordinanceslapproving bfi residential solid waste agreement 2 JOE I. RASCO, MAYOR 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 OF KEY BISCAYNE PUBLIC NOTICE ORD. WILL BE CONSIDERED ON OCT. 26, 1999 in the XXXXXXX Court, was published in lid newspaper in the issues of99 9 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 enteredas second class mail matter atthe 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 • - irm •r corporation any discou• , rebate, commi the purpose of secu • g this advert' :. f • publics on in the said news (SEAL) Octelma V. Ferbeyre pea CFPICI- NOT L JANETT LLEREHA mg`a%NaaZON NUMa181 CC56,6004 MY OoMMMISSON XPIR S VILLAGE OFrKEY'BISCICYNE 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 fit a meeting to be herd on Tuesday, October 26,-1999 at 7:00 p.m., in the }Council Chamber, located' at 85 West,McIntyre Street, Second Floor, AN ORDINANCE OF THE VILLAGE COUNCIL OETHE VILLAGE': OF KEY BISCAYNE,: FLORIDA,: APPROVING AGREEMENT FOR COLLECTION, TRANSPORTATION AND DISPOSAL OF' SOLID WASTE FOR THE RESIDENTIAL AREAS OF THE{ '. VILLAGE. BETWEEN THE VILLAGE AND BFI WASTE SYSTEMS I OF NORTH AMERICA, INC.; PROVIDING AN. EFFECTIVE,; Interestedparties are invited to appear and be beard: A copy of the proposed ordinance may beobtained at Village -Hal, Office of the lege Clerk, 91 West McIntyre Street, Suite 203 KeyBiscayne,- Florida {�. In accordance with the-Ameiicans With Disabilities Act of 1990, all r 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 203;`, -Key Biscayne, Flonda133149, 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 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). r 'Conchita H. Alvarez, CMC Village Clerk 10/14 -99-4-101478M:'. ORDINANCE NO. 99-9 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CONCERNING THE PROJECT OF THE VILLAGE FOR SEWER COLLECTION AND TRANSMISSION SYSTEM; RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE CONSTRUCTION LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Florida Statutes provide for loans to local governmental agencies to finance the construction of water pollution control facilities; and WHEREAS, Florida Administrative Code Rules require authorization to apply for loans, to establish pledged revenues, to designate an authorized representative; to provide assurances of compliance with loan program requirements; and to enter into a loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates Project No. CS 12085002P (the "Project") of the Village of Key Biscayne (the "Village") as eligible for available construction funding; and WHEREAS, the Village intends to enter into a loan agreement (the "Loan Agreement") with the Department of Environmental Protection (the "DEP") under the State Revolving Fund for Project financing. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the foregoing findings are hereby incorporated herein by reference and made a part hereof. Section 2. That the Village is authorized to apply for a loan from the State Revolving Fund to finance construction of the above -referenced Project. Section 3. That the revenues pledged for the repayment of the loan described in the Loan Agreement are as follows: (a) Special assessment revenues for the Project; (b) Available revenues budgeted for the Project. No pledge of the Village's funds identified in (a) or (b) above has been previously made for any other purpose. Section 4. That the Village Manager is hereby designated as the authorized representative of the Village to execute the Loan Application and to provide the assurances and commitments required by such Loan Application; to represent and act for the Village in carrying out the Village's responsibilities under the Loan Agreement and to delegate responsibility to appropriate Village staff to carry out technical, financial, and administrative activities associated with the Loan Agreement. Section 5. That the Village Manager is hereby designated as the authorized representative of the Village to execute the Loan Agreement in substantial conformity with the form of Loan Agreement attached hereto, upon behalf of the Village of Key Biscayne, which Loan Agreement will become a binding obligation in accordance with its terms when signed by both parties. Section 6. That the legal authority for borrowing monies to construct this project is provided to the Village by Section 166.021, Florida Statutes, and Section 166.111, Florida Statutes. Section 7. Conflicts. All resolutions or parts of resolutions and all ordinances or parts of ordinances, including any portion of Ordinance 96-06 in conflict with any of the provisions of this 2 ordinance are hereby repealed to the extent of any conflicting provisions. Section 8. 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 9. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 5th day of October 1999. PASSED AND ADOPTED on second reading this 9th day of November 1999. 103001\ ordinances\sewer collection and transmission system CONCH TA ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL S 7 1/11 RICHARD JAY WEISS, VILLAGE ATTORNEY 3 JOE I. RASCO, MAYOR 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 PUBLIC NOTICE ORD. WILL BE CONSIDERED ON NOV. 9, 1999 in the as ubli Ii in sai l newspaper in the issues of t:3� 1�4d, 1999 XXXXXXX Court, Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement;. and affiant further says that she has neither paid nor promised any • - rson, firm or corporation any disco , rebate, com •r re nd for the purpose of sec ng this advert -g, or pu• ication in the said new • aper. (SEAL) Octelma V. Ferbeyre pet OFFICIAL NOTARY SEAL o dean' LLERENA % MtellbsioN MATER -c CC566004 F' 4 MY COMMISSIONEXPIRES OF FLO 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 Reading by the Key Biscayne Village Council M a meeting to be held on Tuesday, November 9, 1999a1 7;00 p.m., in the' Council -Chamber, located at 85 West McIntyre Street, Second Floor,. ;Key Biscayne, Florida r - AN ORDINANCE OF -THE -VILLAGE OF KEY BISCAYNE, FLORIDA CONCERNING THE PROJECT OF THE VILLAGE FOR SEWER COLLECTION AND �TRANSIJRSSION SYS ' TEI1;_ RELATING TO THE STATE. REVOLVING FUND LOAN tit PROGRAM; MAKING FINDINGS;.. AUTHORIZING THE CON- STRUCTION LOAN APPLICATION: AUTHORIZING THE LOAN AGREEMENT' ESTABLISFBNG- PLEDGED. REVE- NUES DESIGNATIN°AIJW{ORIZED REPRESENTATIVES,'tr ,e PROVIDING -ASSURANCE; PROVIDING' FORRCONFLICTS, $EVERABILITeY=;ANDEEFF%CTIVEDATE.. Interested parties are invited to appearand be heard. A copy of the proposed ordinance may be obtained at Village Hall, Office of the Vil lage Clerk, 91 WestMdntyre-Street, Suite 203, Key Biscayne, Florida 133149. 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 el that disability should contact the Office- ofthe Village Clerk, 91 West McIntyre<Street, Suite 203, Key Biscayne, Ronda: 33149, telephone number (305) 365-5506,. not: later than two business daysprior 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.shallinsure'that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal iirnay be based (F.S. 286.0105). Conchite H. Alvarez, CMC Village Clerk 99-4-101455M