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HomeMy Public PortalAbout2000-07 Amending the Capital Improvement Fund re Beach Renourishment ProjectORDINANCE NO. 2000-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE CAPITAL IMPROVEMENT FUND; PROVIDING FOR AMENDMENT OF THE 1999-2000 FISCAL YEAR BUDGET BY REVISING THE SCHEDULE FOR REPLACEMENT BY THE GENERAL FUND OF FUNDS PREVIOUSLY TRANSFERRED FROM THE CAPITAL IMPROVEMENT FUND PURSUANT TO ORDINANCE NO. 98-8, WHICH PROVIDED FOR THE EAST ENID DRIVE PROJECT; AND PROVIDING FOR AN AMENDMENT OF THE 1999-2000 FISCAL YEAR BUDGET BY PROVIDING FOR THE TRANSFER OF FUNDS FROM THE CAPITAL IMPROVEMENT FUND FOR THE BEACH RENOURISHMENT PROJECT, TO BE SUBSEQUENTLY REPLACED BY COUNTY FUNDS ANTICIPATED TO BE RECEIVED FOR THE BEACH RENOURISHMENT PROJECT AND PROVIDING FOR CONTINGENCY IN THE EVENT COUNTY FUNDS ARE NOT RECEIVED; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to Ordinance 98-8, the Village Council provided for the transfer of funds from the Capital Improvement Fund to assist in funding the East Enid project and to enable the General Fund to be charged for providing its appropriate share of the East Enid project, by providing that a charge shall be placed and made against the General Fund revenues, available in the 1999-2000 fiscal year and 2000-2001 fiscal year for the purpose of replacement of the Capital Improvement Funds transferred pursuant to Ordinance 98-8; and WHEREAS, the Village Council desires to amend the Capital Improvement Fund replacement schedule described above so as to extend the period of replacement of such funds in installments, pursuant to such charge, for fiscal years commenced at the 1999-2000 fiscal year and to be completed at the 2002-2003 fiscal year; and WHEREAS, the Beach Renourishment project consists of a total 2.4 million dollar project cost ($1.2 million — State; $600,000.00 — County; $600,000.00 — Village); and WHEREAS, the Village Council desires to provide for a transfer from the Capital Improvement Fund to the Beach Renourishment project, an amount sufficient to constitute an advance of the anticipated County share of the Beach Renourishment project, to be reimbursed to the Village once County funds are provided, and to otherwise provide for contingencies in the event the County funded share is not provided. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. The above stated recitals are hereby adopted by reference and confirmed herein. Section 2. Transfer Approved; Budget Amended. (A) Beach Project. 1. That there is hereby approved and made a transfer of $600,000.00 from the Capital Improvement Fund to the Beach Renourishment project (the "Beach Project"), so as to complete the shared State, County and Village funding of the Beach Project, and enable the advance of funds anticipated to be reimbursed by Miami -Dade County's share of funding of the Beach Project. 2. The 1999-2000 Village Budget adopted by Ordinance 99-7 is hereby accordingly amended. 3. Further, it is specified that a charge shall be placed and made against the funds to be received from Miami -Dade County, as the County share of the Beach Project, for the replacement of the funds advanced in Section 2(A)(1) above. In the event the County funds 2 are not received, a charge shall be placed and made against the General Fund revenues, for the purpose of replacement to the Capital Improvement Fund transferred pursuant to Section 2(A)(1) of this ordinance, in accordance with the following schedule: Fiscal year 2001-2002 Fiscal year 2002-2003 Fiscal year 2003-2004 Fiscal year 2004-2005 Fiscal year 2005-2006 $100,000.00 $125,000.00 $125,000.00 $125,000.00 $125,000.00 So that a total of $600,000.00 is replaced to the Capital Improvement Fund. (B) East Enid Project. Further, it is specified that a charge shall be placed and made against the General Fund revenues, available in the 1999-2000 fiscal year through the 2002-2003 fiscal year for the purpose of replacement to the Capital Improvement Fund of funds transferred pursuant to Ordinance 98-8, so that the Capital Improvement Funds transferred for the East Enid project shall be replaced in accordance with the following schedule: 1999-2000 fiscal year $100,000.00 2000-2001 fiscal year $100,000.00 2001-2002 fiscal year $100,000.00 2002-2003 fiscal year $130,000.00 So that a total of $430,000.00 is replaced to the Capital Improvement Fund concerning the transfer made for the East Enid project. Section 3. Implementation. That the Village Manager and his designee are authorized to take all action necessary to implement the provisions of this ordinance. Section 4. Conflict. To the extent that the provisions of Ordinance 98-8, a copy of which is attached hereto as Exhibit "A," are in conflict with the provisions of Section 2(B) of this Ordinance, this Ordinance shall prevail. 3 Section 5. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or 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 6. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 9th day of May , 2000. PASSED AND ADOPTED on second reading this 6th day of June , 2000. CONCHITA H. ALVAREZ, CMC APPROVED AS TO FORM AND LEGAL SUFFICIENCY: arrir RC ARD JAY WEISS, VILLAGE ATTORNEY 03001 \ordinances \1999-2000 fiscal year budget 4 MAYOR JOE I. RASCO MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-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 Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCE JUNE 6, 2000 ORD. RE: THE CAPITAL IMPROVEMENT FUND, ETC. in the XXXXX Court, wsgrrisbog in saorapaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -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 Miami -Dade County, Florida, for a period of one year next preceding the first publicatio of the attach = • • . of advertisement; and affiant furt says t +. - : s Heil : r paid nor promised any pars • , firm •'f*ration any , iscount, rebate, com- missio or refu ort -purpose of = : uring this advertise - men or pub! i • the said ne = paper. 2 (SEAL) Octelma V. before me tlus2000 , A.D.. OFFICIAL NOTARY SEAL alitIN viito66E. RENA 0 COMMISSION NUMBER � 41 CC566004 4 MY COMPASSION EXPIRES CL f\.P JUNE 23,2000 VILLAGE OF IKEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will % e considered on Second Reading by the Key Biscayne Village Cound ltd a meeting to -he-held-on Tuesday, June 6, 2000 at 7:00 p.m„ in thitgoingii Qhamber, located at 85 West McIntyre Street; Second Floor, Key dyne, Flori- da: AN ORDINANCE OF THE VILLAGE OF' KKr1f - BIWAYNE, FLORIDA, CONCERNING THE CAPIITAE °IMP*OVEMENT FUND; PROVIDING FOR AMEN NAT OF 1.119.2000 FISCAL YEAR BUDGET BY REVISING THE SCHEDULE FOR REPLACEMENT BY THE GENERAL FUND P lE S PRE- VIOUSLY TRANSFERRED FROM THE:C I` CM IMPROVE: MENT FUND PURSUANT TO ORDINANCE NO. 118-8, WHICH PROVIDED FOR THE EAST ENID DRIVE PROJECT; AND PROVIDING FOR AN AMENDMENT OF THE199 2000 RS - CAL YEAR BUDGET BY PROVIDING FOR THE TRANSFER OF FUNDS FROM THE CAPITAL IMPNOli/EMENT FUND FOR THE BEACH RENOURISHMENT PROJECT, TO BE SUBSE- QUENTLY REPLACED BY COUNTY - RRIDS" ANTICIPATED TO BE RECEIVED FOR THE- BEA RENOURISHMENT PROJECT AND PROVIDING FOR CONTINGENCY IN THE EVENT COUNTY FUNDS ARE NOT RECEIVED; PROVIDING FOR SEVERABILITY;5PROVIDING FOR EFFECTIVE DATE. Interested parties are invited to appear and be heard. A copy of the pro- posed ordinance may be obtained at Village Hall, Office of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne, Florida 33149. In accordance with the Americans With Disabilities Mt co 1990, all per- sons who are disabled and who need special accommodations to partici- pate in this proceeding because of that usability should contact 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 busi- ness 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). Conchita H. Alvarez, CMC Village Clerk 5/25 00-4-74/57326M