HomeMy Public PortalAbout1999-03 Amending the Village Code re Special AssessmentsORDINANCE 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
THE CODE; PROVIDING FOR EFFECTIVE 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
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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
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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.
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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 liens
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 th's 20tha of April, 1999.
ATTEST:
4:c/ -affri
CONCHITA ALVAREZ, CMC, VILLAGE CL
APPROVED AS TO FORM AND LEGAL SUFF
ie--44,1
RICHARD JAY WEISS, VILLAGE ATTORNEY
JOE IWCO, MAYOR
KEY
103001\ordinances\special assessments for roads, water, street lighting and sanitary sewer improvements
8
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
ORDINANCE 4/20/99
ORD. AMENDING THE VILLAGE CODE
BY CREATING CHAPTER 29.1, ETC.
in the XXX.XX 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 affiant 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 i • public tion in the said
news••
pe
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(SEAL)
"Octelma V. Ferbeyre per
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- VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
Notice is hereby given that � following � Village
� �nconsid-
ered
on Second Reading by Key
cil at a
meeting to be held on Tuesday, April 20, 1999 at 7:00 p.m., in the
Council Chamber, located at 85 West McIntyre Street, Second Floor,
Key Biscayne, Florida:
AN ORDINANCE OF - THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE VILLAGE CODE BY. CREATING
CHAPTER 29.1 "SPECIAL ASSESSMENTS FOR ROADS,
WATER, STREET LIGHTING,
AND
OTHER PUBLIC IMPROVEMENTS," CONSISTING OF
SECTION 29.1!10 "AUTHORITY FOR PROVIDING IM-
PROVEMENTS AND LEVYING . AND COLLECTING SPE-
CIAL ASSESSMENTS AGAINST PROPERTY BENEFITED,"
SECTION 29.141" "METHOD OF PRORATING SPECIAL
ASSESSMENTS," SECTION 29.1-12 "RESOLUTION RE-
QUIRED TO DECLARE SPECIAL ASSESSMENTS," SEC-
TION 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 "PROPERTY
OF LIEN; INTEREST; AND METHOD OF PAYMENT," SEC-
TION 29.1-19 "LEGAL PROCEEDINGS MAY BE INSTI-
TUTED," SECTION `-29.1-20 "BONDS MAY BE ISSUED,"
SECTION 29.1-21 "AUTHORITY TO ASSURE VALID AS-
SESSMENT," SECTION- 29.1-22 "EXPENDITURES FOR IM-
PROVEMENTS," 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 SUP-
PLEMENTAL;" SECTION 29.1-27 "ACTIONS TO CONTEST;"
PROVIDING FOR SEVERABILITY; PROVIDING FOR IN-
CLUSION IN THE CODE; PROVIDING ,FOR EFFECTIVE
DATE.
Interests 4 parties are invited to appear and be heard. A copy of the
proposed ordinance may be obtained at Village Hall, Office of the Vil-
lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida
33149.
In accordance with the Americans With Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the Village Clerk, 91 West McIntyre Street, Suite 201,
Key Biscayne, Florida 33149, telephone number (305) 365-5506, not
later than two 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).
4/8
Conchita H. Alvarez, CMC
Village Clerk
99-4-0408112M