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Home My Public Portal About1999-05 Amending Village Charter General Provisions by Creating Character of Residential StreetsORDINANCE 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 Attorney's 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 (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 the above 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: 3 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 "VILLAGE") AN ELECTION HAS BEEN 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. JOE I. RASCO. AYOR CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JA WEISS ILL • E ATTORNEY 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 flk/a Miami Review, a dally (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, w _p? Its e I In said,rleYts 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 mall matter at the post office in Miami in said Dade County, Florida, for a period of receding the first publication of the attached isement; and affiant further says that she has or promised any person, firm or corporation , rebate, commission or refund for the purpose this adv isement for publication in the said • 27 (SEAL) JANETT LLE: nENA Sookie Williams perso ow,o<'(1e. COMA:S:NON NUMBER " A.D. 19 OFF AL TAFY SEAL . c CC506004 g Y COMMISSION EXPIRES OF Ft- JUNE 23,2000 - VILLAGE OF KEY BISCAYNE OFFICE OF fifE VILLAGE CLERK __pUB 1c NOTICE___-_ - - Notide is hereby given that the following ordinance will be consid- ered :On Second Reading by the Key Biscayne Village Council at a meeting -to be held on Tuesday, Juno 8, 1999 at 7:00 p.m., in the Q0 ncfl Chamber, located at -85 -West McIntyre Street, Second Floor, Keys Biscayne, Florida. • AN ORDINANCE OF THE VILLAGE OF KEY ffSCAYNE, FLOR- ,.tDA,�PR lAlNGa F OS O. AN mintitt:OF - THE VILLAGE dtlAttitR, SYAMENDI G ARTrat- VU: GENERAL • PROVISIONS" BY CREATING SECTION 7.08, apHAftitorgR OF RESIDENTIAL STREETS," PROVIDING_ FOR RESTRLcTlON 'RIPON ACTION BY THE VILLAGE TO ALTER LANDSCAPING AND IMPROVEMENTS UPON SWALE AREAS. OF STREETS; PROVIDING • - REQUISITE BALLOT LANGUAGE FOR SUB-- - MISSION 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. Interested parties ire 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. 286.0106). 5/27 Conchita H. Alvarez, WC Village Clerk 99.4-0527106M