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HomeMy Public PortalAbout2001 AllORDINANCE NO.. 2001-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 17 "NOISE," AMENDING SECTION 17-2 "DEFINITIONS" BY REVISING THE DAYS LISTED AS HOLIDAYS AND BY DEFINING THE TERMS "PLAINLY AUDIBLE, AND "LEAF BLOWER;" AMENDING SECTION 17-3 "PROHIBITED ACTS," BY AMENDING PARAGRAPH (F) "CONSTRUCTION," TO PROHIBIT NOISE FROM CONSTRUCTION ACTIVITIES ON SATURDAYS, AND CREATING PARAGRAPH (P) "POWER TOOLS AND LANDSCAPE EQUIPMENT," REGULATING NOISE FROM POWER TOOLS AND LANDSCAPE EQUIPMENT, AND CREATING PARAGRAPH (Q) "LEAF BLOWERS," PROHIBITING CERTAIN LEAF BLOWERS; AMENDING SECTION 17-7 "PENALTIES" BY AMENDING PARAGRAPH (B) "ADDITIONAL NOTICE REQUIREMENTS FOR VIOLATIONS OF SECTION 17-3(F)" TO PROVIDE FOR NOTICE TO GENERAL CONTRACTOR, AND CREATING PARAGRAPH (C) "REPEAT VIOLATIONS"; PROVIDING FOR`SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council desires to amend the provisions of the Village Noise Ordinance, as provided herein, so as to enhance the protection of the public health, safety and welfare. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:1 Section 1. That the Village Code is hereby amended by amending Chapter 17 "Noise," by amending Section 17-2 "Definitions," and amending Section 17-3 "Prohibited Acts" at paragraph (f) 1/ Underlined provisions indicate additions to existing text; deletions from existing text are indicated by st ;ia threa6lr. "Construction," and creating paragraph (p) "Power Tools and Landscape Equipment," and creating paragraph (Q) "Leaf Blowers," and amending Section 17-7 "Penalties" by amending paragraph (b) "Additional Notice Requirement For Violations of Section 17-3(f)," and creating paragraph (c) "Repeat Violations," each to read as follows: Sec. 17-2. Definitions. The following words, terms and phrases when used in this Chapter shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Holidays. In addition to Sundays, New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Columbus Day, Washington's Birthday (the third Monday in February), Martin Luther King, Jr. Birthday (the Third Monday in January) Thanksgiving Day Christmas Day. Leaf Blower. Any device used, designed or operated to produce a current of air by fuel, electricity or other means to push, propel or blow lawn, tree or plant cuttings, refuse or debris. Plainly Audible. A noise which is unreasonably loud, raucous or jarring. Sec. 17-3. Prohibited Acts. The following acts are declared to be a Noise Disturbance and constitute a violation of this Chapter: (0 Construction. The creation of a loud or excessive noise in connection with the conducting of Construction: (1) Before 7:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday; ,.Qy, (3)(2) After 6:30 p.m. on Monday, Tuesday, Wednesday, Thursday and Friday; , (5)ai At any time on Saturday, Sunday and Holidays, except for Emergency work. The prohibition of loud or excessive Construction noise on Saturdays as set forth in Subparagraph (3) of this paragraph (f) shall not be applicable to Construction activities which are conducted between the hours of 8:00 a.m. and 4:30 p.m. if authorized by a building permit (the "Permit") or Development of Regional Impact Order (the "Order"), if such Permit or Order was issued before January 23. 2001. Notwithstanding the foregoing, the creation of loud or excessive noise in connection with the use and operation of heavy equipment for earth moving and compacting, concrete demolition or pile driving is prohibited at any time on Saturdays. If Emergency work is to be performed, the owner of the property upon which such Emergency work is performed or the property owner's authorized representative shall notify the Village Police Department prior to the commencement of such Emergency work. (p) Power Tools and Landscaping Equipment. The operation of noise - producing lawn mowers, lawn edgers, weed trimmers, chippers, leaf blowers chain saws, power tools and other noise -producing tools which are used to maintain a residence or at a residence out-of-doors before 8:00 a.m. or after 6:00 p.m., on Monday. Tuesday, Wednesday, Thursday and Friday, or before 10:00 a.m. or after 6:00 p.m. on Saturday, Sunday and Holidays. (q) Leaf Blowers. After April 1. 2001, it shall be unlawful for anyperson within the Village to use or operate any portable Leaf Blower machine to blow leaves, dirt, and other lawn, plant or tree debris off or upon sidewalks driveways, lawns, or other surfaces unless said machine has a stamp from the manufacturer or testing laboratory certifying a rating of no more than 65 decibels. The purpose of this paragraph is to protect the public health, safety and welfare by reducing the amount of noise produced within the Village, and by mitigating the amount of airborne debris, dust and pollen. Sec. 17-7. Penalties. a) Generally. A Village police officer who finds a violation of this chapter, shall issue a verbal warning to the violator requiring immediate correction of the violation. If the violation is not corrected immediately by the violator after issuance of the verbal warning, the police officer shall issue a citation to the violator requiring immediate correction of the violation, and shall impose a fine in the amount of $150.00 for which the violator shall be 3 liable. If the violation is not corrected immediately by the violator after issuance of the citation, the police officer shall issue a second citation and shall impose an additional fine in the amount of $350.00. In the event that the violation continues after issuance of the second citation to the violator, the violation shall constitute a public nuisance and may subject the violator to arrest pursuant to State law. (b) Additional Notice Requirements for Violations of Section 17-3(f). For citations issued under section 17-3(f), Construction, if the violator is not the property owner or the property owner's authorized representative, a copy of each citation shall be provided to the property owner or the property owner's authorized representative. If the violation is caused by a subcontractor involved in Construction, a copy of the citation shall also be provided to the general contractor of the work. Further, the General Contractor and sub- contractor shall be cited and be responsible for a violation of Section 17-3 (f). (c) Repeat Violations. Repeat violations of Section 17-1 or Section 17-3 of this Chapter shall be subject to enhanced fines as authorized for repeat violations by Section 162.09(2)(a), Ha. Stat. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of 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. Penalty. Penalties shall be as provided by Section 17-7 of the Village Code. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. 4 PASS I-1) AND ADOP FED on first reading this 9th day of January , 2001. PASSED AND ADOPTED on second reading this 23rd day of January , 2001. ate CONCHTIA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND L/EGAL SUFFICIENCY: A t 111 RICHARD JAY WEISS, VILLAGE ATTORNEY 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 Reviewf/kla 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 AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 17 "NOISE", ETC. JAN. 23, 2001 in the XXXXX was published ublish dd in sa2 newspaper in the issues of001 Jan 11, Court, 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 al the post office in Miami in said Miami -Dade County, Florida, for a period of one year nextpreceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the - • se of securing this advertise- ment for pu • lica n I % sai • newspaper. (SEAL) Octelma V. Ferbeyre personally kno e me this 2001 i LERENA STATE OF FLORIDA d NO. CC 912958 . 23,2004. L GE.OF KEY BISCAAYNE PUBLIC NOTICE , Notice is herebygiven that -the following ordhnanca will be considered on Second Reading by the Village Councilof the Village of Key Biscayne at a meeting to be held on Tuesday, January 23, 200T"af8 DQp m, in the r- Council Chamber, located at 85 West McIntyre Street, Second Floor, Key ,8iscayoe, Florida;: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDVG CHAPTER 17 "NOISE," AMENDING SECTION 17-2 "DEEIN1- TIONS" BY REVIS/NG THE DAYS LISTED AS HOLIDAYS AND , '. BY DEFINING THE TERMS "PLAINLY AUDIBLE,' AND'LEAF BLOWER;" AMENDING SECTION 17-3 "PROHIBITED ACTS, BY AMENDING PARAGRAPH (F)' "CONSTRUCTION] YO ' PROHIBIT NOISE FROM CONSTRUCTION ACTIVITIES ON'r SATURDAYS, AND CREATING PARAGRAPH (P) "POWER-""` TOOLS AND LANDSCAPE EQUIPMENT, REGULATING - NOISE FROM POWER TOOLS AND LANDSCAPE.: EQUIP,- MENT AND CREATING PARAGRAPH (0) LEAF BLOWERS? PROHIBITING CERTAIN LEAF BLOWERS; AMENDING SEC- TION 17-7 "PENALTIES" BY AMENDING PARAGRAPH (B) "ADDITIONAL NOTICE REQUIREMENTS FOR VIOLATIONS OF SECTION 1J 3(F)" TO PROVIDE FOR NOTICE TO GENER AL CONTRACTOR,` AND CREATING PARAGRAPH -(C) RE- PEAT VIOLATIONS; PROVIDING FOR SEVERABILITY; PRO- VIDING FOR INCLUSION IN THE CODE; PROVIDING FOR'' PENALTY; PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the publicatfhe Officeof the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the Village Council on_any item at this Public Rearing is asked to 'register with ihe-Village Clerk prior io that item being heard:. In accordance -with the Americans With Disabilitiea Act of 1990,alt per sonswhoare disabled and who need special accommodations topartici-. pate in thisproceeding because of thatdisabilitysnouldoontactthe Office -I of the Village Clerk, 91 West McIntyre Street, Suite p03, 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'1 shallrinsurethata-verbatim record of the proceedings is made Including alt'; testirirony and evidence upon which any appeal may be based (F.S. -Commentsof any interested party relative to this matter may be submit-' Ted in -writing and -or presented in person at the -public hearing: Conchita H. Alvarez, CMG Village`Cferk oi.4-42lt237ooM ORDINANCE NO. 2001-2 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ASSESSING A FEE ON TELECOMMUNICATIONS COMPANIES THAT OCCUPY VILLAGE RIGHTS -OF -WAY FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR WHEN PAYMENTS ARE DUE; PROVIDING FOR INTEREST; PROVIDING FOR REVIEW OF RECORDS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, Section 337.401, Florida Statutes (2000), references fees or other consideration that municipalities may require from telecommunications companies to occupy municipal rights -of - way for telecommunications facilities; and WHEREAS, it is the intent of the Village of Key Biscayne (the "Village") to establish fees for occupation of the Village's rights -of -way for telecommunications facilities of telecommunications companies not otherwise paying a fee to the Village or having entered into an agreement with the Village for occupation of the Village's rights -of -way; and WHEREAS, it is the Village's intention that any existing telecommunications company paying fees for the occupation or having entered into an agreement for the payment of fees for the occupation of the Village's rights -of -way for telecommunications facilities as of the effective date of this Ordinance shall continue to pay fees to the Village as the existing telecommunications company has been paying them, or pursuant to the existing agreement between the company and the Village, and that any new telecommunications company occupying the Village's rights -of -way for telecommunications facilities pay the fees for occupation set forth in this Ordinance. IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF I'RE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The term "telecommunications company", as used in this Ordinance, shall have the meaning set forth in Section 364.02(12), Florida Statutes (2000). Section 2. The purpose of this Ordinance is to establish fees for occupation of the Village's rights -of -way for telecommunications facilities of telecommunications companies not otherwise paying a fee to the Village or not otherwise having an agreement with the Village for occupation of the Village's rights -of -way. Any telecommunications company paying fees or having an existing agreement with the Village for the occupation of the Village's rights -of -way for telecommunications facilities as of the effective date of this Ordinance shall continue to pay fees to the Village as the company has been paying them or pursuant to the existing agreement. Section 3. The fees imposed pursuant to this Ordinance shall apply to all telecommunications companies occupying the Village's rights -of -way for telecommunications facilities and which are not otherwise paying a fee to the Village or not under an existing agreement for occupation of the Village's rights -of -way. Section 4. The fees imposed pursuant to this Ordinance are a fee and not a tax as specified in Section 337.401, Florida Statutes (2000); consequently, (1) the payments to be made pursuant to this Ordinance shall not be deemed to be in the nature of a tax; (2) such payments shall be in addition to any and all taxes of a general applicability; and (3) the fee specified herein is consideration for occupation of the Village's rights -of -way, including all public easements, for the purpose of erecting, constructing and maintaining telecommunications systems. Section 5. The fees to be paid by telecommunications companies to the Village for occupation of the Village's rights -of -way shall be determined as follows: 2 (a) any telecommunications company providing local telephone service, as defined in Section 203.012(3), Florida Statutes (2000), in the Village and that is occupying municipal streets or rights -of -way within the corporate limits of the Village with poles, wires or other fixtures, shall pay to the Village a fee in the amount of one percent (1%) of the gross receipts on recurring local service revenues for services provided within the corporate limits of the Village by such telecommunications company. Included within the fee are all taxes, licenses, fees, in -kind contributions accepted pursuant to Section 337.401, Florida Statutes (2000), and other impositions except ad valorem taxes and amounts for assessments for special benefits, such as sidewalks, street pavings, and similar improvements, and occupational license taxes levied or imposed by the Village upon the telecommunications company. (b) in the event that a telecommunications company that provides telecommunications services defined as toll services in Section 201012(7). Florida Statutes (2000) occupies the Village's rights -of -way, the telecommunications company shall pay to the Village, annually, at a rate of Five Hundred Dollars ($500) per linear mile. which amount is prorated for any portion thereof, for any cable. fiber optic. or other pathway that makes physical use of the Village's rights -of -way. Such annual fee shall be prorated to reflect the expiration date of this Ordinance and shall be payable annually, in advance. If a telecommunications company that is required to pay a fee pursuant to this subsection increases the amount of its facilities occupying the Village's rights -of -way after such advance payment has been made, but prior to the expiration date of this Ordinance, the fees due for the additional facilities shall be prorated and paid in full at the time the facilities are installed in the Village's rights -of -way. 3 the fee or other consideration imposed pursuant to subsection (b) shall not apply in any manner to any telecommunications company that provides local telephone service as defined in Section 203.012(3), Florida Statutes (2000), for any services provided by such telecommunications company. Section 6. The fees provided for in Section 5(a) of this Ordinance shall be paid by the telecommunications company to the Village in quarterly installments. The installment payments shall be based upon such gross receipts on recurring local service revenues for the immediately preceding installment period or portion thereof after the effective date of this Ordinance, and shall be made within 30 calendar days following the end of the period. Past due payments or underpayments shall bear interest accrued fiom the last clay of the quarter for which the payment was due at the rate of eighteen percent (18%) per annum from the first day after the payment period until paid to the Village, and the company shall reimburse the Village for any actual and reasonable out- of-pocket costs associated with collecting any sums required to remit to the Village. Payments shall include a statement as to how the fee amount was determined and the statement shall be certified by the telecommunications company's chief financial officer or other duly authorized representative of the company. Section 7. If the Village wishes to verify the payments due to the Village under this section, the telecommunications company shall permit the Village or a designated representative of the Village, upon reasonable advance written notice, and during normal business hours at the location of the telecommunications company where such records are maintained in the Village, at another location satisfactory to the Village, or elsewhere pursuant to (a) or (b) below, to review or 4 audit the telecommunications company's billing and payment records kept in the ordinary course of business upon which the payments were based. If a telecommunications company's records are not maintained in the Village, the telecommunications company shall either: (a) pay all reasonable expenses, including travel, following the provisions of subsections 112.061 (6), (7) and (8), Florida Statutes (2000), to the Village for the Village to have a review or audit performed; or (b) provide the Village with access to copies of the telecommunications company's records in the Village or within 50 miles of the Village or by an electronic method satisfactory to the Village. However, without the specific written consent of a telecommunications company's. audit representative, no company records may be duplicated or taken from the telecommunications company's premises, and the Village shall maintain the confidentiality of the information disclosed in these records to the extent permitted by applicable law and shall use the information solely for the purposes of verifying payments by the telecommunications company. No acceptance of payment shall be construed as a release or as an accord and satisfaction of any claim the Village may have for sums due and payable under this Ordinance unless the Village agrees in writing. In the event that the Village, pursuant to final audit findings, determines that there exists a difference between the amount due to the Village and the amount paid to the Village, indicating an underpayment to the Village, in excess of five percent (5%) of the amount due, such telecommunications company shall pay all reasonable costs, fees and expenses of the audit. 5 Section 8. This Ordinance is adopted consistent with the provisions of Section 337.401, Florida Statutes (2000), and other applicable provisions of law. This section shall not be construed as a waiver or limitation of the power of the Village to prescribe and enforce reasonable rules and regulations pursuant to applicable provisions of law. Section 9. If required by applicable Village Ordinances, Codes or Regulations, a telecommunications company shall be registered with the Village and obtain all permits that may be required by the Village regarding occupation of the Village's rights -of -way for telecommunications facilities. Section 10. 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 11. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. This Ordinance shall expire upon the effective date of the tax rate established pursuant to the Communications Services Tax Simplification Law,: Chapter 2000-260, Laws of Florida, Section 202.20(1)(b), Florida Statutes (2000). The expiration of this Ordinance shall not affect any fees that are due and unpaid prior to its expiration. PASSED AND ADOPTED on first reading this 9th day of January , 2001. PASSED AND ADOP lED on second reading this 23rd day of January , 2001j CONCH -LTA H. ALVAREZ, CMC, VILLAGE C ST: APPROVED AS TO FORM AND LEGAL SUFFI RICHARD JAY WEISS, VILLAGE ATTORNEY 1030411ordinancesltelecommuuicarions fee MANOR 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 auttibrity personally-appeare''d 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 ASSESSING A FEE ON TELECOMMUNICATIONS COMPANIES, JANUARY 23, 2001 in the X•Y,,Y,,XX was published in said newspaper in the issues of Jan 11, 2001 Court, 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 publication of the attached copy of advertisement; and affiant further says that she has - ither paid nor promised any person, firm or corpora any • iscount, rebate, com- mission or retu • • for the . +° pose of ecuring this advertise- ment for publ' atioy/„-� said ne < •aper. 11 (SEAL) Octelma V. Ferbeyre personally known to to and subscribed nuary ETC. PILLAGE OF ICEY'BiS'CIIYNr PUBLIC NOTICE a' Notice is h ereby given That the following ordinance wit be considered on SeconO-Rea mgtg l'ia ifageCouncirbfltreVinage ot`Key-Biscayne -at a meeting to beheldonTuesday, January23; 2001 at 6:00 p.m., in the ". Council Chamber, locatedat 85 West McIntyre Street, Second Floor, Key Eiscayne, Florida: - i AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE: FLORIDA, ASSESSING A FEE ON. TELECOM-MUNICATFONS COMPANIES THAT OCCUPY VILLAGE RIGHTS -OF -WAY FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR WHEN PAYMENTS ARE DUE; PROVIDING FOR INTEREST;` PROVIDING FOR. REVIEW OF RECORDS; PROVIDING=FOR SEVERABILITY, AND PROVIDING FOR EFFECTIVE DATE. - The proposed Ordinance maybe inspected bythe pubbcat theOffice of a"the Village Clerk Interestedparties may appear at the Public Hearing andt be heard with respect to. the proposed Ordinance. Any person wishnig to'? address the ViItage Council on any item at this Public Hearing is asked to- u register_ with the Village Clerk prior to that item being heard. In accordance with the Americans:VJith Disabilities Act of 1990, all per sons who are disabled and who need specia accommodations topartici-;. I pate in this proceeding because of that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne:- Florida 33149, telephone number (305)365-S506, not laterthantwo mess days prior to such proceedings Should any person desire to appeal any decision of the Village Council I with respect to any matter tobe considered at this meeting, that person - shall insure that a verbatim record ot the proceedings is made mcludingall =' ,,testimony: and evidence upon which any appeal'. may be based (F.S: 286 0105). ' Comments ofany interested party relative to this matter may besubmit ted in writing and or presented in person at the public hearing. '- Conchita H. Alvarez CMG Village Clerk QI-4-43/123701M_; OrK,r:` ARV SEAL e . JA T'I' LLERENA NOTARY Mir. STATE OF FLORIDA COI iMiSSI-4'"`N NO. CC 912958 MY COM.::d- 'l $'. E23,2004 ORDINANCE NO. 2001-3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE VILLAGE CODE BY CREATING CHAPTER 8 "ENVIRONMENT" CONSISTING OF ARTICLE III "WATER SHORTAGE REGULATIONS," SECTION 8-101 TO 8-108; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER SHORTAGE PLAN OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CODIFICATION; REPEALING ANY INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a water shortage or water shortage emergency may be declared from time to time by the South Florida Water Management District affecting the Village of Key Biscayne (the "Village"); and WHEREAS, during such water shortage condition the amount of surface and groundwater supplies may become insufficient to meet current or anticipated demands; and WHEREAS, upon the existence of such conditions it becomes imperative to the public health and convenience that certain uses of water be restricted or curtailed and that available water resources be allocated; and WHEREAS, the South Florida Water Management District has primary responsibility under Chapter 373, Florida statutes, for regulating water use and allocating available water supplies during periods of water shortage; and WHEREAS, the South Florida Water Management District has adopted a "Water Shortage Plan", codified as Chapter 40E-21, Florida Administrative Code, for the purpose of allocating and conserving the water resource during periods of water shortage and maintaining a uniform approach towards water use restrictions; and WHEREAS, the South Florida Water Management District has requested the assistance of the Village in the enforcement of the provisions of the "Water Shortage Plan"; and WHEREAS, it is the desire of the Village Council of the Village to provide the South Florida Water Management District with all possible assistance in the enforcement of the provisions of the "Water Shortage Plan" during a water shortage or water shortage emergency; and WHEREAS, Section 373.609, Florida Statutes, provides that it shall be the duty of county/municipalgovernmental and law enforcement officials to assist the South Florida Water Management District in the enforcement of Chapter 373, Florida Statutes, and any rules adopted thereunder, upon request by the South Florida Water Management District; and WHEREAS, the Village Council of the Village hereby finds and declares that adoption of this ordinance is necessary, appropriate, and in the public interest of citizens of this community; now therefore: BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1. That the Village Code of Ordinances is hereby amended by creating Sections 8- 101 to 8-108 of Article III "Water Shortage Regulations" of Chapter 8 "Environment" to read as follows: CHAPTER 8. ENVIRONMENT. ARTICLE HI. WATER SHORTAGE REGULATIONS. Section 8-101. Intent and Purpose. It is the intent and purpose of this Article to protect the water resources of the Village from the harmful effects of over utilization during periods of water shortage and allocate available water supplies by assisting the South Florida Water Management District in the implementation of its Water Shortage Plan. 2 Section 8-102. Definitions. For the purpose of this Article the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. (a) "District" is the South Florida Water Management District. (b) "Person" is any person, firm, partnership, association, corporation, company, or organization of any kind. © "Village" is the Village of Key Biscayne, Florida. (d) "Water Resource" means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground. (e) "Water Shortage Condition" is when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought. (f) "Water Shortage Emergency" means that situation when the powers which can be exercised under part II of chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses. Section 8-103. Application of Article. The provisions of this Article shall apply within the Village to all persons using the water resource within the geographical areas subject to the Water Shortage or Water Shortage Emergency, as determined by the District; whether from public or privately owned water utility systems, private wells, or private connections. with surface water bodies. This Article shall not apply to persons using treated effluent or saltwater. 3 Section 8-104. Amendments To Water Shortage Plan. Chapter 40E-21, Florida Administrative Code; as it may be amended from time to time, is incorporated herein by reference as a part of this Article of the Village Code. Section 8-105. Declaration of Water Shortage; Water Shortage Emergency. The declaration of a Water Shortage Condition or Water Shortage Emergency within all or any part of the Village by the Governing Board or the Executive Director of the District shall invoke the provisions of this Article. Upon such declaration all water use restrictions or other measures adopted by the District applicable to the Village, or any portion thereof, shall be subject to enforcement action pursuant to this Article. Any violation of the provisions of Chapter 40E- 21, Florida Administrative Code, or any violation of an order issued pursuant thereto, shall be a violation of this Article, if committed within the jurisdiction of the Village. Section 8-106. Enforcement. Every police officer or sheriff having jurisdiction in the area governed by this Article, including Village police officers, shall, in connection with all other duties imposed by law, diligently enforce the provisions of this Article. In addition, the Village Manager may also delegate enforcement responsibility for this Article to the Code Enforcement Officers of the Village in accordance with State and local law. The Village, in addition to the sanctions contained herein, may take any other appropriate legal action, including but not limited to seeking emergency injunctive action, to enforce the provisions of this Article. Enforcement pursuant to Village Code Section 2-31, et. seq. (code enforcement procedure) is authorized. Section 8-107. Penalties. Violation of any provision of this Article shall be subject to the following penalties: First Violation: $25.00 Second and subsequent violations: A fine not to exceed $500. Each day in violation of this Article shall constitute a separate offense. Law enforcement officials should generally provide violators with no more than one written warning, unless additional warnings are found to be warranted by the officer. 4 Section 8-108. Water Users To Accept Provisions Of Article. No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this Article. The acceptance of water service shall be in itself the acceptance of the provisions thereof. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of 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 adoption on second reading. PASSED AND ADOPTED on first reading this 13th day of February 2001. PASSED AND ADOPTED on second reading this 6th day of March , 2001. CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD JAY WEISS, VILLAGE ATTORNEY 10300 no inances\watettshortage MAYOR JOELRASCO 5 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DAOE: Before the undersigned authority personally appeared Rookie Williams, Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review tlkla 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 AMENDING THE VILLAGE CODE BY CREATING CHAPTER 8 "ENVIRONMENT" in the XXXXX Court, was published in said newspaper in the issues of Feb 22, 2001 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 • 'tion of the attached copy of advertisement; and alt nt tort' er says that she has neither paid nor promised a pens• , firm or corporation any discount, rebate, tom - r refund the purpose of securing this advertise- publicati in the said new(�Ilrpaa�/ppp�Ier///�/.I (SEAL) Rookie Williams d before me this 2001 A.D MARIA I. MESA itlyeuMMIssI0N 400885640 EXPIRES: March 4,2004 sonaea Tari, Notary pubic unaerxn1ea 2/22'; ;",r-- .,^ l ' EYI BISCAYNE ' : OFFICEOFTHE VILLAGE CLERK - PUBLIC NOTICE Notice is hereby given that the 1plowing ordinance Ma be considered on Second Reading by the Village Council of the Village of Key. Biscayne... at a meetingto be held. on Tuesday, March 6, 2001 at 7:00 p.m., in Council Chamber, located at 85 West McIntyre Street, Second Floor, Key AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, f FLORIDA, AMENDING THE VILLAGE CODE BY CREATING CHARTER 8 "ENVIRONMENT CONSISTING OF ARTICLE LII' "WATERSHORTAGE REGULATIONS," SECTION 8-101 TO 8- 108; PROVIDING FOR LOCAL IMPLEMENTATION OF TI-JE WATER SHORTAGE PLAN OF THE SOUTH FLORIDA WATER -: MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PRO- VIDING FOR ENFORCEMENT. AND PENALTIES; PROVIDING FOR :CODIFICATION; REPEALING ANY INCONSISTENT PROVISIONS; PROVIDING FOR. SLVERABILITY; AND PRO- VIDING AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interested parties may appear atthe Public Hearing and .`' be heard with respect tothe proposed Ordinance. Any person wishing to address the Village Council on any item at this Public Hearing is askedlo` register with the Village Clerk prior to that item being heard. In accordancewiththe Americans With Disabilities Act of 1990, all per 'sons who are -disabled and who need special accommodations to partici- ,pate in this proceeding because of that disability should contactthe Office of the Village Clerk, 91 West McIntyre Street, Suite 203, key Biscayne, Florida 33149, telephone number (305) 365-5506, not laterthan two busi- ness days prior to such -proceeding. Should any person desire to appeal any decision of the Village Council F with respect to any matter to be considered at this meeting, that person Is shall insurethat a verbatimrecord of the proceedings is made including all testimony and evidence upon which any -emir -eat may be based (F.S. 286.0105).::. Comments of any interested party.relativeto this matter may be submit ted in writing and or presented in person at the public hearing. Conchita H. Alvarez, CMC -Village Clerk 01-4-441136935M ORDINANCE NO. 2001-4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 21, "PUBLIC RIGHTS - OF -WAY", OF THE VILLAGE CODE OF ORDINANCES, BY CREATING ARTICLE III, "COMMUNICATIONS RIGHTS - OF -WAY"; ESTABLISHING REGULATIONS FOR THE USE OF PUBLIC RIGHTS -OF -WAY FOR COMMUNICATIONS FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR REGISTRATION AND PERMIT PROCEDURES; PROVIDING CONDITIONS FOR PLACEMENT AND MAINTENANCE OF COMMUNICATIONS FACILITIES IN RIGHTS -OF -WAY; PROVIDING FOR INSURANCE AND INDEMNIFICATION; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village has determined that it is in the public interest to permit the placement of one or more communications systems or facilities in the public rights -of -way; and WHEREAS, effective January 1, 2001, the State of Florida amended Section 337.401, Florida Statutes (2000), to reflect that, because Federal and State law require the nondiscriminatory treatment of providers of communications services and because of the desire to promote competition among providers of communications services, it is the intent of the Legislature that municipalities and counties treat communications companies in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of communications facilities in the public roads or rights -of -way. Rules or regulations imposed by a municipality or county relating to communications companies placing or maintaining communications facilities in its roads or rights -of -way must be generally applicable to all communications companies and, notwithstanding any other law, may not require a communications company to apply for or enter into an individual license, franchise or other agreement with the municipality or county as a condition of placing or maintaining communications facilities in its roads or rights -of -way; and WHEREAS, it is the intent of the Village to exercise its authority over communications services providers' placement and maintenance of facilities in the public rights -of -way; and WHEREAS, it is the intent of the Village to treat each communications services provider in a nondiscriminatory and competitively neutral manner in exercising such authority; and WHEREAS, the public rights -of -way subject to the jurisdiction and control of the Village: (1) are critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens; (2) are a unique and physically limited resource, and proper management by the Village is necessary to maximize efficiency, to minimize the costs to the taxpayers of the foregoing uses and to minimize the inconvenience to and negative effects upon the public from the placement and maintenance of such communications facilities in the public rights -of - way; and (3) are intended for public uses and must be managed and controlled consistently with that intent; and WHEREAS, it is the intent of the Village that this Ordinance shall not apply to providers of cable television service; and WHEREAS, it is the intent of the Village to exercise its authority to adopt reasonable rules and regulations to the fullest extent allowed by Federal and State law. NOW THEREFORE, IT IS HEREBY 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. 2 Section 2. That Chapter 21, entitled "Public Rights -of -Way", of the Code of Ordinances of the Village of Key Biscayne, is amended to create Article III, to read as follows: Article III. Communications Rights -of -Way Section 21-20: Intent and Purpose. That it is the intent of the Village to promote the public health, safety and general welfare by: providing for the placement and maintenance of Communications Facilities in the Public Rights - of -Way within the Village; adopting and administering reasonable rules and regulations not inconsistent with State and Federal law, including Section 337.401, Florida Statutes (2000), as it may be amended, the Village's home -rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other Federal and State law; establishing reasonable rules and regulations necessary to manage the placement and maintenance of Communications Facilities in the Public Rights -of -Way by all Communications Services Providers after the effective date of this Ordinance; and minimizing disruption to the Public Rights -of -Way. In regulating its Public Rights - of -Way, the Village shall be governed by and shall comply with all applicable Federal and State laws. Section 21-21: Definitions. That for the purposes of this Ordinance, the following terms, phrases, words and derivations shall have the meanings given. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory, and "may" is peimissive. Words not otherwise defined in this section or in any permit that may be 3 granted pursuant to this Ordinance shall be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. § 151 et seq., as amended (collectively the "Communications Act"), and if not defined in the Communications Act, as defined by Florida Statutes; and, if not defined by Florida Statutes, shall be construed to mean the common and ordinary meaning. 1. "Village" shall mean Key Biscayne, Florida, an incorporated municipality of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form. 2. "Communications Services" shall mean the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Cable service, as defined in Section 202.11(2), Florida Statutes (2000), as it may be amended, is not included in the definition of "Communications Services and cable service providers or providers of service via an open video system may be subject to other ordinances of the Village. and shall require separate authorization from the Village. 3 "Communications Services Provider" shall mean any Person making available or providing Communications Services through the placement or maintenance of a Communications Facility in Public Rights -of -Way. 4. "Communications Facility" or "Facility" or "System" shall mean any permanent or temporary plant, equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or 4 to be placed or maintained in the Public Rights -of -Way of the Village and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer Communications Services. 5. "FCC" shall mean the Federal Communications Council. 6. "ln Public Rights -of -Way" or "in the Public Rights -of -Way" shall mean in, on, over, under or across the Public Rights -of -Way. 7. "Ordinance" shall mean this Ordinance. 8. "Person" shall include any individual, children, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations, and but shall not include the Village to the extent permitted by applicable law. 9. "Place or maintain" or "placement or maintenance" or "placing or maintaining" shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A Communications Services Provider that owns or exercises physical control over Communications Facilities in Public Rights -of -Way, such as the physical control to maintain and repair, is "placing or maintaining" the Facilities. A party providing service only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" the Communications Facilities through which such serviceis provided. The transmission and receipt of radio frequency signals through the airspace of the Public Rights -of -Way is not placing or maintaining Facilities in the Public Rights -of -Way. 10. "Public Rights -of -Way" shall mean a public right-of-way, public utility easement, highway, street, bridge, tunnel, pier, waterway, dock, wharf, court, lane, path, or alley or any other 5 property for which the Village is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface to the extent the Village holds a property interest therein. "Public Rights -of -Way" shall not include private property. "Public Rights -of -Way" shall not include any real or personal Village property except as described above and shall not include Village buildings, fixtures, poles, conduits, Facilities or other structures or improvements, regardless of whether they are situated in the Public Rights -of -Way. 11. "Registrant" or "Facility Owner" shall mean a Communications Services Provider or other person that has registered with the Village in accordance with the provisions of this Ordinance. 12. "Registration" and "Register" shall mean the process described in this Ordinance whereby a Communications Services Provider provides certain information to the Village. Section 21-22: Registration for Placing or Maintaining Communications Facilities in Public Rights -of -Way. 1. A Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights -of -Way in the Village shall first Register with the Village in accordance with this Ordinance. Subject to the terms and conditions prescribed in this Ordinance, a Registrant may place or maintain a Communications Facility in Public Rights -of -Way. A Communications Services Provider with an existing Communications Facility in the Public Rights - of -Way of the Village as of the Effective Date of this Ordinance has sixty (60) days from the Effective Date of this Ordinance to comply with the terms of this Ordinance, including, but not limited, to, Registration, or be in violation thereof. 2. A Registration shall not convey any title, equitable or legal, in the Public Rights -of - Way. Registration under this Ordinance governs only the placement or maintenance of Communications Facilities in Public Rights -of -Way. Registration does not excuse a Communications Services Provider from obtaining appropriate access or pole attachment agreements before locating its Facilities on the Village's or another Person's Facilities. Registration does not excuse a Communications Services Provider from complying with all applicable law, including Village ordinances, codes or regulations, including this Ordinance. 3. Each Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights -of -Way in the Village shall file a single Registration with the Village that shall include the following information (a) Name of the applicant; (b) Name, address and telephone number of the applicant's primary contact person in connection with the Registration and of the person to contact in case of an emergency; (c) For Registrations submitted prior to October 1, 2001, the applicant shall state whether it provides or expects to provide local service or toll service or both; (d) Evidence of the insurance coverage required under this Ordinance ,and acknowledgment that Registrant has received and reviewed a copy of this Ordinance, and (e) A copy of Federal or State Certification authorizing the applicant to provide Communications Services, if any; (f) If the applicant is a corporation, proof of authority to do business in the State of Florida, which may be satisfied by the number of the corporate certification or other means; and (g) A Security Fund in accordance with this Ordinance. 4. The Village Manager or designee shall review the information submitted by the applicant. If the applicant submits information in accordance with subsection 3 above, the Registration shall be effective and the Village shall notify the applicant of the effectiveness of Registration in writing. If the Village determines that the information has not been submitted in accordance with subsection 3 above, the Village shall notify the applicant in writing of the non - effectiveness of Registration, and reasons for the non -effectiveness. The Village shall so notify an applicant within thirty (30) days after receipt of registration information from the applicant. 5. A Registrant may cancel a Registration upon written notice to the Village that the Registrant will no longer place or maintain any Communications Facilities in Public Rights -of -Way and will no longer need to obtain permits to perform work in the Public Rights -of -Way. A Registrant cannot cancel a Registration if the Registrant continues to place or maintain any Communications Facilities in Public Rights -of -Way. 6. Registration shall be nonexclusive. Registration shall not -establish any right or priority to place or maintain a Communications Facility in any particular area in Public Rights -of - Way within the Village. Registrations are expressly subject to any future amendment to or replacement of this Ordinance and further subject to any additional Village ordinances, as well as any State or Federal laws that may be enacted. 8 7. A Registrant shall renew its Registration with the Village by April 1 of even numbered years in accordance with the Registration requirements in this Ordinance, except that a Registrant that initially registers during the even numbered year when renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew until the next even numbered year. Within thirty (30) days of any change in the information required to be submitted pursuant to subsection 3, except, as of October 1, 2001, subsection 3(c), a Registrant shall provide updated information to the Village. If no information in the then -existing Registration has changed, the renewal may state that no information has changed. Failure to renew a Registration may result in the Village restricting the issuance of additional permits until the Communications Services Provider has complied with the Registration requirements of this Ordinance. 8. In accordance with applicable Village ordinances, codes or regulations and this Ordinance, a permit shall be required of a Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights -of -Way. An effective Registration shall be a condition of obtaining a permit. Notwithstanding an effective Registration, permitting requirements shall continue to apply. A permit may be obtained by or on behalf of a Registrant having an effective Registration if all permitting requirements are met. 9. A Registrant that places or maintains Communications Facilities in the Public Rights - of -Way shall be required to pay compensation to the Village as required by applicable law and ordinances of the Village. A Registrant that places or maintains Communications Facilities in the Public Rights -of -Way, other than a Registrant that provides local services as defined in Section 203.012(3), Florida Statutes within the Village, shall pay to the Village the fees required to be paid 9 by providers of toll service within the Village. Section 21-23: Placement or Maintenance of a Communications Facility in Public Rights - of -Way. 1. Registrant agrees at all times to comply with and abide by all applicable provisions of the State statutes and Village ordinances, codes and regulations in placing or maintaining a Communications Facility in Public Rights -of -Way. 2. A Registrant shall not commence to place or maintain a Communications Facility in Public Rights -of -Way until all applicable permits have been issued by the Village or other appropriate authority, except in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out -of - service condition of a pre-existing service. Registrant shall provide prompt notice to the Village of the placement or maintenance of a Communications Facility in Public Rights -of -Way in the event of an emergency. Registrant acknowledges that as a condition of granting such permits, the Village may impose reasonable rules or regulations governing the placement or maintenance of a Communications Facility in Public Rights -of -Way. Permits shall apply only to the areas of Public Rights -of -Way specifically identified in the permit The Village may issue a blanket pedint to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits or may impose lesser requirements. 3. As part of any permit application to .place a new or replace an existing Communications Facility in Public Rights -of -Way, the Registrant shall provide a proposal for construction of the Communications Facility that sets forth at least the following: 10 (a) An engineering plan signed and sealed by a Florida Registered Professional Engineer, or prepared by a person who is exempt from such registration requirements as provided in Section 471.003, Florida Statutes, identifying the location of the proposed Facility, including a description of the Facilities to be installed, where it is to be located, and the approximate size of Facilities and equipment that will be located in Public Rights -of - Way; (b) A description of the manner in which the Facility will be installed (i.e. anticipated construction methods and/or techniques); (c) A traffic maintenance plan for any disruption of the Public Rights -of -Way; (d) Information on the ability of the Public Rights -of -Way to accommodate the proposed Facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other persons with Facilities in the Public Rights - of -Way); (e) If appropriate given the Facility proposed, an estimate of the cost of restoration to the Public Rights -of -Way; (f), The timetable for construction of the project or each phase thereof, and the areas of the Village which will be affected; and (g) Such additional information requested by the Village that the Village finds reasonably necessary to review the permit application. 4. The Village shall have the power to prohibit or limit the placement of new or additional Communications Facilities within the Public Rights -of Way if there is insufficient space 11 to accommodate all of the requests to place and maintain Facilities in that area of the Public Rights - of -Way, for the protection of existing Facilities in the Public Rights -of -Way or to accommodate Village plans for public improvements or projects that the Village determines are in the public interest and to the extent not prohibited by applicable law. 5. AlI Communications Facilities shall be placed and maintained so as not to interfere unreasonably with the use of the Public Rights -of -Way by the public and so as not to cause unreasonable interference with the rights and convenience of property owners who adjoin any of the Public Rights -of -Way. The Registrant shall endeavor to install all Communications Facilities underground. To the extent not inconsistent with Public Service Commission regulations, the Village may require the use of trenchless technology (i.e., directional bore method) for the installation of Facilities in the Public Rights -of -Way as well as joint trenching or the co -location of Facilities in existing conduit. In makingsuch requests, the Village shall take into consideration several factors including inconvenience to the public and other users of Rights -of -Way and the economic and technical feasibility of such requests. The Registrant shall be liable for the displacement, damage or destruction of any property, irrigation system or landscaping as a result of the placement or maintenance of its Facility within the Public Rights -of -Way. The appropriate Village official may issue such rules and regulations concerning the placement ormaintenance of a Communications Facility in Public Rights -of -Way as may be consistent with this Ordinance and other applicable law. 6. All safety practices required by applicable Iaw or accepted industry practices and standards shall be used during the placement or maintenance of Communications Facilities. 12 7. A Registrant shall, at its own expense, restore the Public Rights -of -Way to at least its original condition before such work in. Public Rights -of -Way, subject to the Village's satisfaction upon inspection. Registrant shall warrant its restoration for a period of twelve (12) months after completion of such restoration. If the Registrant fails to make such restoration within thirty (30) calendar days after completion of construction, or such other time as may be reasonably required by the Village, the Village may after written notice to the Registrant, perform such restoration using Village employees, agents or contractors, and charge all costs of the restoration against the Registrant in accordance with Section 337.402, Florida Statutes (2000), as it may be amended, and require reimbursement within thirty (30) days after the submission of the bill by the Village to the Registrant. 8. Removal or relocation at the direction of the Village of a Registrant's Communications Facility in Public Rights -of -Way shall be governed by the provisions of Sections 337.403 and 337.404, Florida Statutes (2000), as they may be amended. 9. A permit from the Village constitutes authorization to undertake only certain activities on Public Rights -of -Way in accordance with, this Ordinance, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the Public Rights -of - Way. 10. A Registrant shall maintain its Communications Facility in Public Rights -of -Way in a manner consistent with accepted industry practice and applicable law. 11. In connection with excavation in the Public Rights -of -Way, a Registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in 13 Chapter 556, Florida Statutes (2000), as it may be amended. 12. Registrant shall place or maintain a Communications Facility in Public Rights -of -Way in compliance with all applicable standards as established by all local, State or Federal law and in conformance with the Village ordinances, codes and regulations. Registrant shall use and exercise due caution, care and skill in performing work in the Public Rights -of -Way and shall take all reasonable steps to safeguard work site areas. 13. In the interest of the public's health, safety and welfare, upon request of the Village, a Registrant shall coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable timeframe in the subject Public Rights -of -Way. The Village may require a Registrant to alter reasonably its placement or maintenance schedule for permitted work as necessary so as to minimize disruptions and disturbance in the Public Rights -of -Way. The Village may provide a more definite time frame based on specific Village construction or maintenance schedules. 14. A Registrant shall not place or maintain its Communications Facilities so as to interfere, displace, damage or destroy any Facilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the Village or any other Person's Facilities Lawfully occupying the Public Rights -of -Way of the Village. 15. Village makes no warranties or representations regarding the fitness, suitability or availability of Public Rights -of -Way for the Registrant's Communications Facilities and any performance of work or costs incurred by Registrant or provision of services shall be at Registrant's sole risk. Nothing in this Ordinance shall affect the Village's authority to add, vacate or abandon 14 Public Rights -of -Way and Village makes no warranties or representations regarding the availability of any added, vacated or abandoned Public Rights -of -Way for Communications Facilities. 16. The Village shall have the right to make such inspections of Facilities placed or maintained in Public Rights -of -Way as it finds necessary to ensure compliance with this Ordinance. In the event the Village determines that a violation exists with respect to Registrant's placement or maintenance of Facilities in the Public Rights -of -Way that is not considered to be an emergency or danger to the public health, safety or welfare, the Village will provide Registrant no less than three (3) days written notice setting forth the violation and requesting correction. 17. A permit application to place a new or replace an existing Communications Facility in Public Rights -of -Way shall include plans showing the location of the proposed installation of Facilities in the Public Rights -of -Way. If the plans so provided require revision based upon actual installation, the Registrant shall promptly provide revised plans or "as-builts" upon completion of any installation or construction. The plans shall be in a digitized format showing the two- dimensional location of the Facilities based on the Village's Geographical Database, or other format acceptable to the Village. The Registrant shall provide such plans at no cost to the Village. The Village shall maintain the confidentiality of such plans and any other information provided in accordance with Section 202.195, F.S. (2000), as it may be amended. 18. The Village reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other Facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the Village in Public Rights -of -Way 15 occupied by the Registrant. Registrant may allow Village Facilities to be co -located within Village's Public Rights -of -Way through the use of a joint trench during Registrant's construction project. Such joint trench projects shall be negotiated in good faith by separate agreement between Registrant and Village and may be subjected to other Village rights -of -way requirements. The Village further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation or width of the Public Rights -of -Way within the limits of the Village and within said limits as same may from time to time be altered. 19. A Registrant shall, on the request of any person holding a permit issued by the Village, temporarily support, protect, raise or lower its Communications Facilities to permit the work authorized by the permit. The expense of such temporary support, protection, raising or lowering of Facilities shall be paid by the person requesting the same, and the Registrant shall have the authority to iequire such payment in advance. The Registrant shall be given not less than thirty (30) days advance written notice to arrange for such temporary relocation. Subject to applicable law, if the Village requests the temporary support, protection, raising or lowering of a Facility for a public purpose, the Village shall not be charged for the temporary support, protection, raising or lowering of the Facility. Section 21-24: Suspension of Permits. 1. Subject to Section 21-25 below and to providing reasonable notice and an opportunity to cure, the Village Manager or designee may suspend a permit issued or deny an application for a subsequent permit to a Registrant for work in the Public Rights -of -Way for one or more of the following: 16 (a) Failure to satisfy permit conditions, or conditions set forth in this Ordinance or other applicable Village ordinances, codes or regulations governing placement or maintenance of Communications Facilities in Public Rights -of -Way, including without limitation, failure to take reasonable safety precautions to alert the public of work at the work site, or to restore any Public Rights -of -Way; (b) Misrepresentation or fraud by Registrant in a Registration or permit application to the Village; (c) Failure to properly renew or ineffectiveness of Registration. (d) Failure to relocate or to remove Facilities as may be lawfully required by the Village. 2. After the suspension or denial of a permit pursuant to this Section, the Village shall provide written notice of the reason to the Registrant. Section 21-25: Appeals. 1. Final, written decisions of the Village Manager or designee suspending or denying a permit, denying an application for a Registration or denying an application for renewal of a Registration are subject to appeal. An appeal must be filed with the Village within thirty (30) days of the date of the final, written decision to be appealed. Any appeal not timely filed asset forth above shall be waived. The Village shall hear or appoint a hearing officer to consider the appeal. The hearing shall occur within thirty (30) days of the receipt of the appeal, unless waived by the Registrant, and a written decision shall be rendered within twenty (20) days of the hearing. Upon correction of any grounds that gave rise to a suspension or denial, the suspension or denial shall be 17 lifted. 2. Nothing in this Ordinance shall affect or limit the remedies the Village has available under applicable law. Section 21-26: Conditional Use of Public Rights -of -Way. 1. In the event Registrant desires to use its existing Facilities or to construct new Facilities for the purpose of providing other utility or non -utility services to existing or potential consumers or resellers, by providing any other services other than the provision of Communications Service, or for providing any other use to existing or potential consumers, aRegistrant. shall seek such additional and separate authorization from Village for such activities as may be required by applicable law. 2. To the extent that any Person or Registrant leases or otherwise uses the Facilities of a Person that is duly registered or otherwise authorized to place or maintain Facilities in the Public Rights -of -Way of the Village, such Person or Registrant shall make no claim, nor assert any right, which will impede the lawful exercise of the Village's rights, including requiring the removal of such Facilities from the Public Rights -of -Way of the Village, regardless of the effect on Registrant's ability toplace or maintain its own Communications Facilities in Public Rights -of -Way of the Village. Section 21-27: Termination of Registration. 1. The involuntary termination of a previously effective Registration may only be accomplished by an action of the Village Council. The Village may declare the Registration terminated and revoke and cancel all privileges granted under that Registration if: (a) a federal or 18 Florida authority suspends, denies, or revokes a Registrant's certification or license to provide Communications Service, (b) the Registrant's placement and maintenance in the Public Rights -of - Way presents an extraordinary danger to the general public or other users of the Public Rights -of - Way; or (c) the Registrant abandons all of its Communications Facilities in the Public Rights -of - Way. 2. Prior to such termination for any of the reasons set forth in this Section, the Village Manager or his designee shall notify the Registrant in writing setting forth the matters pertinent to such reasons and describing the proposed action of the Village with respect thereto. The Registrant shall have sixty (60) days after receipt of such notice within which to cure the violation, or within which to present a plan, satisfactory to the Village Council, to accomplish the same. 3. In the event of a vote by the Village Council to terminate the Registration, the Registrant shall, within a reasonable time following such termination, provide an acceptable plan for transferring ownership of the Communications Facilities to another person in accordance with this Ordinance or shall remove or abandon the Facilities and take such steps as are necessary to render every portion of the Facilities remaining in the Public Rights -of -Way of the Village safe. If the Registrant has either abandoned its Facilities or chooses to abandon its Facilities, the Village may either (a) require the Registrant or the Registrant's bonding company to remove some_or all of the Facilities from the Public Rights -of -Way and restore the Public Rights -of -Way to its condition immediately prior to the removal; (b) the Village may require that some or all of the Facilities be removed and the Public Rights -of -Way restored to its such condition at the Registrant's expense, using Village employees, agents or contractors, and charge any and all costs to the Registrant and 19 ��.m require reimbursement, or (c) utilize or allow other Persons to utilize the Registrant's abandoned Facilities. The obligations of the Registrant hereunder shall survive the termination of a Registration. In the event of a declaration of termination of Registration, this provision does not permit the Village to cause the removal of any Facilities that are used to provide another service for which the Registrant holds a valid certification or license with the governing federal or state agency, where required, and is properly registered with the Village, for such certificated service, where required. Section 21-28: Transfer or Control, Sale or Assignment of Assets. 1. If a Registrant transfers, sells or assigns its Registration or its Facilities in the Public rights -of -Way, incident to a transfer, sale or assignment of the Registrant's assets, the transferee, buyer or assignee shall be obligated to comply with the terms of this Ordinance. Written notice of any such transfer, sale or assignment shall be provided to the Village within twenty (20) days of the effective date of the transfer, sale or assignment. If the transferee, buyer or assignee is a current Registrant, then the transferee, buyer or assignee is not required to re -Register. If the transferee, buyer or assignee is not a current Registrant, then the transferee, buyer or assignee shall Register as provided in Section 21-22 within sixty (60) days of the transfer, sale or assignment. If permit applications are pending in the Registrant's name, the transferee, buyer or assignee shall notify the appropriate Village officials that the transferee, buyer or assignee is the new applicant. 2. Any mortgage, pledge, lease or other encumbiauce on the Communications Facilities shall be subject and subordinate to the rights of the Village under this Ordinance and applicable law. Section 21-29: Insurance. 1. A Registrant shall provide, pay for and maintain satisfactory to the Village the types 20 of insurance described herein. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and having a rating in Best's Insurance Guide of A or better or having a rating acceptable to the Village. All liability policies shall provide that the Village is an additional insured in the endorsement. The required coverages must be evidenced by properly executed Certificates of Insurance forms. The Certificates must be signed by the authorized representative of the insurance company and shall be filed and maintained with the Village annually. Thirty (30) days advance written notice by registered or certified mail must be given to the Village of any cancellation, intent not to renew or reduction in the policy coverages. The insurance requirements may be satisfied by evidence of self-insurance or other types of insurance acceptable to the Village. 2. The limits of coverage of insurance required shall be not less than the following: (a) Workers Compensation and Employer's Liability Insurance Employer's Liability - $500,000 limit each accident $ 500,000 limit per each employee (b) Comprehensive General Liability Bodily injury and property damage - $ 3,000,000 combined single limit each occurrence. Said coverage shall not exclude contractual liability, products/Completed Operations or Independent Contractors. (c) Business Automobile Liability Bodily injury and property damage - accident 3,000,000 combined single limit each 3 Umbrella or Excess. Liability. Registrant may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability and Employer's Liability coverage under Umbrella or Excess liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for Commercial General Liability, Business Auto 21 Liability or Employer's Liability. The Village shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a "Follow -Form" basis. 4. Self -Insurance. Registrant may satisfy the insurance requirements and conditions of this Section under a self-insurance plan and/or retention:Registrant agrees to notify the Village, and/or indicate on the certificate(s) of insurance, when self-insurance is relied upon or when a self - insured retention exceeds $100,000. The Village reserves the right, but not the obligation, to request and review a copy of the Registrant's most recent annual report or audited financial statement, which the Registrant agrees to furnish for the purpose of determining the Registrant's financial capacity to self -insure. 5. Right to Review. Village, by and through its Risk Management Department, reserves the right to review, modify, reject or accept any required policies of insurance or self-insurance, including limits, coverages, or endorsements, herein from time to time throughout the Iife of this Section. Village reserves the right, but not the obligation, to review and reject any insurer or self - insurer providing coverage because of its poor financial condition or failure to operate legally. 6. This Section shall not be construed to affect in any way the Village's rights, privileges and immunities as set forth in Section 768.28, Florida Statutes. Insurance under this Section shall run continuously with the presence of the Registrant's Facilities in the public right-of-way and any termination or lapse of such insurance shall be a violation of this Section and subject to the remedies as set forth herein. Notwithstanding the foregoing, the Village may, in its sole discretion, require increased or decreased levels of insurance for any other object placed in the Village's rights -of -way 22 byway of individual license agreements. Section 21-30: Indemnification. A Registrant shall, at its sole cost and expense, indemnify, hold harmless and defend the Village, its officials, boards, members, agents and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred by the Village arising out of the placement or maintenance of its Communications System or Facilities in Public Rights -of -Way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this Ordinance. This provision includes, but is not limited to, the Village's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. Village agrees to notify the Registrant, in writing, within a reasonable time of Village receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the Village from participating in the defense of any litigation by its own counsel and at its own cost if in the Village's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this Section shall be construed or interpreted: (1) as denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) as consent by the Village to be sued; or (3) as a waiver of sovereign mmunity beyond the waiver provided in Section 768.28, Florida Statutes (2000), as itmay be amended. Section 21-31: Construction Bond. 1. Prior to performing any permitted work in the Public Rights -of -Way, the Village may require the Registrant to establish in the Village's favor a construction bond to secure the restoration 23 of the Public Rights -of -Way and to ensure the Registrant's faithful performance of the construction or other work in the Public Rights -of -Way, in accordance with applicable sections of the Village Code. Notwithstanding the foregoing, a construction bond hereunder shall only be required to the extent that the cost of the restoration exceeds the amount recoverable against the Security Fund as provided in Section 21-32. 2. In the event a Registrant subject to such a construction bond fails to complete the work in accordance with the provisions of the permit and this Ordinance, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the Village as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Registrant, or the cost of completing the work, plus a reasonable allowance for attorney's fees, up to the full amount of the bond. 3. No less than twelve (12) months after completion of the construction and satisfaction of all obligations in accordance with the bond, the Registrant may request the Building, Zoning and Planning nil tor or designee to remove the requirement to continue the construction bond and the Village shall release the bond within ten (10) days. Notwithstanding, the Village may require a new bond for any subsequent work performed in the Public Rights -of -Way. 4. The constructiombond shall be issued by a surety havng..a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the Village Attorney; and shall provide that: "Unless released by the. Village, this bond may not be canceled, or allowed to lapse, until sixty (60) days, after receipt by the Village, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew." 24 The rights reserved by the Village with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the Village may have under this Section, or at law or equity, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the Village may have. Section 21-32: Security Fund. At the time of registration and as a condition of receiving its first permit to place or maintain a Communications Facility in Public Rights -of -Way after the effective date of this Ordinance, the Registrant shall be required to file with the Village, for Village approval, an annual bond, cash deposit or irrevocable letter of credit in the sum of Twenty -Five Thousand Dollars ($25,000) having as a surety a company qualified to do business in the State of Florida, and acceptable to the Village Manager or designee, which shall be referred to as the "Security Fund." The Security Fund shall be conditioned on the full and faithful performance by the Registrant of all requirements, duties and obligations imposed upon Registrant by the provisions of this Ordinance. The bond or guarantee shall be furnished annually or as frequently as necessary to provide a continuing guarantee of the Registrant's full and faithful performance at all times. In the event a Registrant fails to perform its duties and obligations imposed upon the Registrant by the provisions of this Ordinance, subject to Section 21-33 of this Ordinance, there shall be recoverable, jointly and severally from the Security Fund and/or from the principal and surety of the bond, any damages or loss suffered by the Village as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Registrant, plus a reasonable allowance for attorneys' fees, up to the full amount of the Security Fund. The Village may in its reasonable discretion accept a 25 corporate guarantee of the Registrant or its parent company. Section 21-33: Enforcement Remedies. 1. In addition to any other remedies available at law, including but not limited to Section 166.0415, Florida Statutes, and Chapter 162, Florida Statutes, or equity or provided in this Ordinance, the Village may apply any one or combination of the following remedies in the event a Registrant violates this Ordinance, or applicable local law or order related to the Public Rights -of - Way: (a) Failure to comply with the provisions of the Ordinance or other law applicable to occupants of the Public Rights -of -Way, may result in imposition of penalties to be paid by the Registrant to the Village in an amount of not less than Two Hundred Fifty Dollars ($250.00) per day or part thereof that the violation continues. (b) In addition to or instead of any other remedy, the Village may seek legal or equitable relief from any court of competent jurisdiction. Before imposing a fine pursuant to subsection 1(a) of this Section, the Village shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the Registrant shall have thirty (30) days to either: (a) cure the violation to the Village's satisfaction and the Village shall make good faith reasonable efforts to assist in resolving the violation; or (b) file an appeal with the Village to contest the alleged violation. Section 21-25 shall govern such appeal. If no appeal is filed and if the violation is not cured within the thirty (30) day period, the Village may collect all fines owed, beginning with the first day of the violation, through any means allowed by law. 26 In determining which remedy or remedies are appropriate, the Village shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the Village determines are appropriate to the public interest. 4. Failure of the Village to enforce any requirements of this Ordinance shall not constitute a waiver of the Village's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. In any proceeding before the Village where there exists an issue with respect to a Registrant's performance of its obligations pursuant to this Ordinance, the Registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms and conditions of this Ordinance. The Village may find a Registrant that does not demonstrate compliance with the terms and conditions of this Ordinance in default and apply any one or combination of the remedies otherwise authorized by this Ordinance. 6. The Village Manager or designee shall be responsible for administration and enforcement of this Ordinance, and is authorized to give any notice required by law. Reports and Records: Inspections_ 1. A Re a strant shall provide the following documents to the Village as received or filed: Upon reasonable request, any pleadings, petitions, notices, and documents, which may directly impact the obligations under this Article and which are reasonably necessary for the Village to protect its interests under this Article. 27 Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy. 2. Nothing in this subsection shall affect the remedies Registrant has available under applicable law. 3. In addition, the Village may, at its option, and upon reasonable notice to the Registrant, inspect the Facilities in the Public Rights -of -Way to ensure the safety of its residents. 4. The Village shall keep any documentation, books and records of the Registrant confidential to the extent required under Florida Statutes. Section 21-35: Force Majeure. In the event a Registrant's performance of or compliance with any of the provisions of this Ordinance is prevented by a cause or event not within the Registrants control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a esult, provided, however, that such Registrant uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this Ordinance, causes or events not within a Registrant's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Registrants control, and thus not falling within this Section, shall include, without limitation, Registrant's financial inability to perform or comply, economic hardship, and iisfeasance, malfeasance or nonfeasance by any of Registrant's directors, officers, employees, contractors or agents. 28 Section 21-36: Reservation of Rights. 1. The Village reserves the right to amend this Ordinance as it shall find necessary in the lawful exercise of its police powers. 2. This Ordinance shall be applicable to all Communications Facilities placed in the Public Rights -of -Way on or after the effective date of this Ordinance and shall apply to all existing Communications Facilities placed in the Public Rights -of -Way prior to the effective date of this Ordinance, to the full extent permitted by State and Federal law. Section 3. Severability. That if any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section 4. Conflicts. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 5. Inclusion in the Code. That 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 6. Effective Date. That this Ordinance shall become effective immediately upon passage by the Village Council on second reading. PASSED AND ADOPTED on first reading this 6th day of March 2001. 29 PASSED AND ADOP 1'HD on second reading this 10th day of April 2001. TA% an CHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD JAY WEISS, VILLAGE ATTORNEY 103041 Key Biscayne Communications ROW Ordinance 02-26-01 30 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 PUBLIC NOTICE VILLAGE OF KEY BISCAYNE ORDINANCE AMENDING CHAPTER 21 "PUBLIC RIGHT—OF—WAY"® APRIL 10, 2001 in the XXXXX Court, publishedwas r in sa9, id newspaper © paper in the. issues of M Atfiant 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 publication of the attached copy of advertisement; and affiant further says that she. h.: - 'er paid-norpromised any person, firm - ••rpor- on any •iscount, rebate, com- mission or refu for ' pose of - curing this advertise- ment for publi id ne -aper. 29 orn to and Marc (SEAL) Octelma V. Ferbeyre personal) efore me this 2001 OFFICIAL NC -'f ARYSEAL kieWAiiiiii.JBLIC STATE OF FLORIDA COMMISSION NO. CC 912958 MY COMMISSION EXP. NE 232004 ' -VILA AGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERIC PUBLIC NOTICE Notice is hereby given that.(he following ordinance will be considered'. on Second Reading by the Village Council of the Village of Key Biscayne-: let a meeting to be held on Tuesday, April 10, 2001 at 7:00 p.m., in the" `Council Chamber, ibcated at 85 West McIntyre Street, Second Floor, Key, a 'Biscayne,Florrid L LGRiDA, AM`CNr^.iN& f AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, GiAPTLR 21 . -R1QtfF5 OF _ WAY", OF THE VILLAGE CODE.OF. ORD.LINANCES, BY CREATING ARTICLE III, "COMMUNICATIONS RIGHTS -OF WAY'; ESTABLISHING REGULATIONS FOR THE USE OF- PUBLIC RIGHTS -OF -WAY FOR..COIGtMDNICATIONS:FACILI- k. TIES PROVIDING DEFINITIONS; 'PROVIDING FOR REGIS- ', PERMIT PROCEDURES; PROVIDING CONDI- • TIONS FOR PLACEMENT AND MAINTENANCE OF COMMU- NICATIONS. FACILITIES ;IN_RIGHTS-OF-WAY; PROVIDING FOR INSURANCE -.AND :INDEMNIFICATION; PROVIDING PENALTIES`FOR VIOLATIONS; PROVIDING FOR CON- FLICTS; PROVIDING FOR, SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE E CODE "AND PROVIDING FOR ' AN EFFECTIVEtATE. The proposed Ordinance maybe inspected by the public at the Office of :.the Village Clerk: Interested parties mayappear atlhe Public Hearing and -be heard with respect to the proposed,Ord-inance. Any person wishing 10 address the Village Council on any item at this PublicHearing is asked to register with the Village Clerk prior to that item being heard.: In accordance With the Americans With Disabilities Act of 1990, alt per- sons who are disabled and who need special accommodations to partici-'- pate in this proceeding becauseof that disability should contact the Office of the Village Cleft, 91 West Biscayne, McIntyre Street,Suite 203, Key: Biscayn ( Florida 33149, telephone number=(305)365-5506, notlaterthan two-busi- ness days prior tosuch. 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'. shat) insurethat a verbatim recordof the pro-ceedings isrrmade including all testimony and evidence.upon:.which any appeal iaybe based (F.S. 286.0105). _ Comments -of any interesfedparty,relative to,this matter may &e'submlt„ ,I ledin writing and or presented in person at the public hearing. Conchita H. Alvarez, CMC Village Clerk a .14/59.: ..„�-,-,.� 01-4-88/148345[ ORDINANCE NO. 2001-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 2000-2001 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 2000-2001 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 2000-2001. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Budget Amendments Approved and Adopted. The Budget of the Village of Key Biscayne for fiscal year 2000-2001 is hereby amended as outlined in Exhibit "A" to this ordinance. Section 2. Effective Date. This ordinance shall become effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 24th day of April, 2001. PASSED AND ADOPTED on second reading this 8th day of May 2001. CONCHITA H. ALVAREZ CMC, VIII AGE APPROVED AS TO FORM' AND LEGAL SUM RICHARD JAY WEISS, VILLAGE ATTORNEY EXHIBIT "A" ACCOUNT # DESCRIPTION REVENUES PRIOR YEAR FUND BALANCE CURRENT INCREASE REVISED ALLOCATION TOTAL $ 204,648 $ 35,000 $ 239,648 EXPENSES TEN YEAR $ 0 $35,000 $ 35,000 CELEBRATION 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 AMENDING THE 2000-2001 VILLAGE BUDGET in the XXXXX Court, waspubblisheddin said8te-y Paper in the issues of apr 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 publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation a discount, rebate, corm mission or refund f• the • -• ' -e o securing this advertise- ment for pub!" paper. 26 day of A.D ... e z ,Ms+... lfruY.J�-,...... Swgrn to and subscribed before me this© � P 1 L (SEAL) Octelma V. Ferbeyre personally known to me. VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE The Village of Key Biscayne... proposes to adopt the following Ordi- AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING -THE 2000-2001 VILLAGE BUDGET AS I PROVIDED FOR ON`EXHIBIT. "A"; PROVIDING F013 AN EF- FECTIVE DATE. I A Public Hearing on the first reading of this proposed Ordinance has been scheduled by the Village CouincltforTuesday, April 24, 200t at7..008, p.m. inthe Village Council Chamberonthe second floor at 85 West 'Mcln- tyre -:Street, Key Biscayne, Florida and the Public Hearing on the second [reading of this Ordinance has been scheduled by the Village. Council for Tuesday, May 8, 2001 at 7:00p.m. in the Council Chamber on the second floor at 85 West McIntyre Street, Key Biscayne, Florida. i 7ne proposed Ordinance may beinspected bythe public at the Office of -the Village Clerk. Interested parties mayappearat the Public Hearing and 'be heard with respect to the proposed Ordinance. Any person wishing to address the Village Council on any item at this Public Hearing isasked to '. register with the Village-Cterk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all per- sons who are disabled and who need special accommodations to partici- 'pate in this proceeding because of that disabilityshould contact the Office; of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne,; Florida 33149, telephone number (305) 365-5506, not later thantwo busi- ness days priorto such proceeding. Should any person°desfreto appeal any decision of the Village Council'', with respect to -any :matter tobe considered at this meeting,;lliat,person' shall insurethat a verbatim record of the proceedings is made inelbdingall testimony and evidence upon which any appeal may be based (F.S., 286:01.05). Comments of any interested party relative to this matter may be submit-` ted in writing and or presented in person at the public heating. Conchita H, Alvarez, CMC Village Clerk 01-4-59/15707-5K- 4/26 = NOTARY SEAL Osf-RY Pc,,, OCHEERYL 14MARMER 14,}� » COMMfSSKX1 NUMBER Ccasi15a 1%4 FLO40 MY COMMISSION EXPIRES APR. 24.2004 ORDINANCE NO. 2001-6 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RELATING TO ARTICLE VIII "SIGNS" OF THE ZONING AND LAND DEVELOPMENT REGULATIONS PROHIBITING POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY AND ESTABLISHING SIZE AND SETBACK REQUIREMENTS FOR POLITICAL SIGNS ON PRIVATE PROPERTY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, Section 30-191(16) "Prohibited Signs" of the Zoning and Land Development Regulations prohibit signs that extend over the public right of way; and WHEREAS, Section 30-196(7) provides for political signs in the public right of way; and WHEREAS, the above referenced sections of the Zoning and Land Development Regulations appear to be in conflict with one another; and WHEREAS, Section 30-196(7) provides size regulations that result in signs that are contrary to the public health, safety and welfare of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1. That Section 30-196(7) "Prohibited Signs" of the Zoning and Land Development Regulations are hereby amended as follows: Sec. 30-196(7). Temporary Signs. (7) Political Sign (see section 30-197(h) for supplemental provisions) Residential District Nonresidential District Area (maximum) 24 4 square feet 24 4 square feet Sign Height (maximum) 64 feet 6 4 feet Setback (minimum) 5 ft. from edge of pavement 5 ft. from edge of pavement However, in no instance shall a political sign(s) be located on a public right of way which is adjacent to government owned property. (Coding: Words in stiuLl. tl..uuglr type are deletions from existing law; words underscored are additions and words in shading a v !made at first reading). 1 Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made 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. Section 4. 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 5. Effective Date: This ordinance shall become effective upon adoption on second reading. PASSED AND ADOPJ'ED on first reading this 10th day of July , 2001. PASSED AND ADOP 1'ED on second reading this 28th day of August 200L ,ed daafe, CONCHITA H. ALVAREZ CIVIC, VILLAGE C APPROVED AS TO FORM AND LpGAL SUFFIC RICHARD JAY WEISS, VILLAGE ATTORNEY 2 0 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 O.V.. FERBEYRE, who on oath says that she is the SUPERVISOR, Legal Notices of the Miami Daily: Business Reviewf/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 advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE -ORDINANCE RELATING TO ARTICLE VIII - SIGNS, ETC. in the XXXX Court, was published in said newspaper in the issues of 08/16/2001 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 Miamiin said Miami -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, firm or corporation any discount,rebate, co • ss n or refund for the purpose of securing th'- advet;-y-ment '.r publication in the said newspaper SW and su. - .bed b (SEAL) 0.V. FERBEYRE persona e me this A.'. 2001 MARIA I. MESA tA MY COMMISSION CC 885640 id meed1tuEXPIRES: MP5st> ��t�4•` 9andeEltw Nrnery OF`KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meetingto`be held on Tuesday, August 28, 2001 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, RELATING TO ARTICLE VIII`SIGNS" OF THE ZON- KG AND LAND DEVELOPMENT REGULATIONS PROHIBIT- ING POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY AND ESTABLISHING SIZE AND SETBACK REQUIREMENTS FOR POLITICAL SIGNS. ON PRIVATE PROPERTY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EF- FECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interestedparties may appear at the Public Hearing and ,be heard with respect to the. proposed Ordinance. Any person wishing to „address the Village Council on any item at this Public Hearing is asked to. 'register with the Village Clerk prior to that item being heard. ^. In accordance with the Americans With Disabilities Act. of 1990, all per- sons who are disabled and who need special accommodations to partici .pate in this proceeding becauseof that disability 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 toany matter to be considered at this meeting, that person shalt 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). Comments of any interested party relative to this mattermay be submit- ited in writingand or presented in person at the public hearing. 8/16 Conchita H. Alvarez, CMC Village Clerk _ , 01,-4-54/1_89523M ORDINANCE NO. 2001-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2002 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, 2001 and the Village Council scheduled the public hearing required by Section 200.065(2)(c) of the Florida Statutes to be held on September 12, 2001 at 7:00 p.m.; and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 12, 2001, 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 12, 2001, 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, 2001, through September 30, 2002, was held, as advertised, on Wednesday, September 19, 2001, 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, which is hereby ratified, the attached budgets of the Village of Key Biscayne for the fiscal year commencing October 1, 2001, are hereby approved and adopted. Section 2. This ordinance shall be effective upon adoption on second reading. PASSED AND ADOVILD on the first reading this 12th day of September , 2001. PASSED AND ADOPTED on the second reading this 19th day of September, 2001. Ok CONCIIITA II. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI ATTORNEY MAYOR JOE I. R SCO 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 SOOKIE WILLIAMS, who on oath says that she is the VICE PRESIDENT, LegaiNotices of the Miami Daily Business Review f/Ic/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 advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - ORDINANCE ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING 10/1/01 ETC. in the XXXX Court, was published in said newspaper in the issues of. 09/07/2001 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 publication of the attached copy of advertisement;.and afflant further says that she bas r , r,paid nor pr :r: sed „r; perso rn or; corpora:,or: any+isco nt, rebate, commission or refund for the purpose g this advertisement for p blication in the said e (SEAL) SOOKIE WILLIAMS personally: MARIA MESA :fleMY COMMISSION 4 CC 885640 EXPIRES: March 4, 2004 Bonded mm Notary Public Underxn?ert VILLAGE OF KEY`BISCAYNE 'OFFICE OF THE VILLAGE CLERK THIS NOTICE SUPERCEDES AND REPLACES ADVERTISEMENT OF THURSDAY, SEPTEMBER 6, 2001 PUBLIC NOTICE The Village of Key Biscayne proposes to adopt the following Ord- nance: - - AN ORDINANCE OF. THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE BUDGETS FOR THE FISCAL. YEAR COMMENCING OCTOBER 1, 2001 THROUGH SEP- TEMBER 30, 2002 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE. A Public Hearing on the first reading of this proposed Ordinance has been scheduled by the Village Council for Tuesday, September 11, 2001 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 tithe second reading -of this Ordinance has been re -scheduled by the Vil- lage Council. from Thursday, September 20, 2001 to Wednesday, Sep- tember.19, 2001 at 7:00 p.m. in the Village.Council Chamber on thesec- ond floor at. 85 West McIntyre Street, Key Biscayne, Florida. accordancawith the Americans With Disabilities Act of 1830, all per isbnswho are disabled and who need special accommodations to partici- -pate' thisprddeeding because of that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite203, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two busi 'ness days prior to such proceeding. Interested parties are invited to appear and be heard. Acopy of the pro- posed ordinance may be obtained at Village Hall, Office of the Village Clerk. 85 West McIntyre Street, Key Biscayne, Florida 33149. "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 insurethat 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 01-4-84/195479M 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 PUBLIC HEARING- 9/11/01 ORD. ADOPTING THE BUDGETS FOR THE FISCAL YEAR ETC. in the XXXXXXX Court, was published in said newspaper in the issues of Aug 30, 2001 Sep 6, 2001 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 al the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attachedcopy of advertisement; and affiant further says that she has neither paid nor promised any person, fi •r cored .• any discount, rebate, com- mission or r ntl ford �purpos of securing this advertise- ment for p •tic. it he said - ewspaper. SEAL) ore me this 2001 A.D OFF.CIAI NOTARY S ctelma V. Ferbeyre personallyCnown to mfr. iET[ LLERENA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 912958 MY COMMISSION EXP2J12iE 23,2004 9 VILLAGE OF KEY BISCAYNE OFFICE OF THEVILLAGE CLERK PUBLIC NOTICE .: The Village of Key Biscayne proposes to adopt the following;. -Ordinance: AN, ORDINANCE OF THE VILLAGE -OF KEY BISCAYNE,.. FLORIDA; ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2001 THROUGH SEP- TEMBER 30, 2002 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR. AN EFFECTIVE A Public Nearing on the first reading of this proposed Ordinance has been scheduled by the Village Council for Tuesday, September 11, 2001 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 Thursday; September 20, 200t at 7:00 p.m. in the Village ` Council *Chamber on.the second floor at 85 West McIntyre Street, Key Bi scayne, Florida. In accordance with the Americans With Disabilities Act of 1990, all per- , sons who are disabled and who need special accommodations to partici- pate in this proceeding because of that disability 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- r ness days prior to such proceeding. Interested parties are invited to appear and be heard. Acopyof the pro- posed ordinance maybe obtained at Village Hall, Office of the Village -Clerk, 85 West McIntyre Street, Key Biscayne, Florida 33149. ?' 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 ismade including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). `8/30.916 -` Conchita ft -Alvarez, CMC Village Clerk 01-4-44/193465M ORDINANCE NO. 2001-8 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR PROPOSED AMENDMENT OF THE VILLAGE CHARTER, BY AMENDING ARTICLE IV "LEGISLATIVE" BY AMENDING SECTION 4.10 "BORROWING," TO DELETE REQUIREMENT THAT THE VILLAGE COUNCIL SHALL BY ORDINANCE LIMIT THE INDEBTEDNESS OF 1'Hr: VILLAGE, AND INSTEAD TO PROVIDE FOR SPECir'IC DEBT LIMIT RESTRICTIONS TO BE SET FORTH WITHIN SECTION 4.10, INCLUDING PROVISIONS CONCERNING DEBT APPROVAL, LIMITS ON DEBT, AND PROVIDING DEFINITIONS CONCERNING DEBT; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORS; CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENT TO THE VILLAGE CHARTER; 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 "Debt Limit Petition"); and WHEREAS, the Village Council has upheld the Village Clerk's Certificate of Insufficiency, but has determined, to place the proposed Charter amendment sought in the Debt Limit Petition before the electors in the form provided herein, pursuant to the authority of Charter Section 6.02 (a)(I), pursuant to which this Council is authorized to itself initiate Charter amendments and submit the Charter amendments to the electors; and NOW, I'HIi,REFORE, 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. Charter Amendment. That pursuant to Section 6.02(a)(I) of the Charter, Article IV "Legislative" of the Village Charter is hereby amended by amending Section 4.10 "Borrowing" to read as follows: Section 4.10. Borrowing. (a) Debt Approval. The Village shall incur no d Debt unless the incurrence of such d Debt is approved by at least five (5) Council Members. Th... Cu tneil stall by 0.1:., 111&btedneas of th.. Village. (b) Limits. The total Debt of the Village. including amounts authorized but still not drawn down under existing loan agreements and other contractual arrangements with banks and other financial institutions, underwriters, brokers and/or intermediaries, shall not exceed the greater of: one percent (1%) of the total assessed value of all property within the Village. as certified by the Miami -Dade County Property Appraiser for the current fiscal year: or ii. that amount which would cause annual Debt Service to equal fifteen percent (15%) of General Fund expenditures for the previous fiscal year. (c) "Definitions. As used in this Section 4.10 the following terms shall have the meanings ascribed to them in this subsection. i. "Debt" means any obligation of the Village to repay borrowed money however evidenced since the date of its incorporation regardless of tenor or term for which it was originally contracted or subsequently converted through refinancing or novatiion; except (A) any obligation required to be repaid in less than a year and which was incurred solely for emergency relief of natural disasters, or (B) that portion of any obligation for operations which are financed and operated in an independent self- liquidating manner and recovered entirely through currently collected user fees and charges. ii. "Debt Service" shall include, without limitation thereto, scheduled interest payments. repayments of principal and all financial fees arising from Debt or from the underlying contractual obligations, whether as originally incurred or subsequently deferred or otherwise renegotiated. iii. "General Fund" shall mean any and all revenues of the Village, from whatever source derived, except those revenues derived from special assessments, user f es and charges and designated as a separate fund to finance goods and services to the public V Proposed additions to Charter text are indicated by under ine; proposed deletions from existing Charter text are indicated by st.;b‘tlnuu&r. 2 Section 3. Election Called. That a special election is hereby called for on Tuesday, the 4th day of December, 2001, 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: "LIMIT UPON VILLAGE DEBT The existing Village Charter requires that the Village Council limit the indebtedness of the Village through enactment of an Ordinance. This requirement has been implemented by enactment of Village Code Section 25-1, et. seq. It is proposed that the Charter be amended to set forth within its text, specific debt limits and a detailed definition of debt which includes all debt, regardless of term. Shall the above described Charter amendment be adopted? Yes [ ) No[p" The form of the ballot may be revised by Resolution of the Village Council. 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 who are timely registered 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 3 NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO 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, DECEMBER 4, 2001, BETWEEN THE HOURS OF 7:00 AM. AND 7:00 P.M., AT WHICH TIME THE FOLLOWING PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE. "LIMIT UPON VILLAGE DEBT The existing Village Charter requires that the Village Council limit the indebtedness of the Village through enactment of an Ordinance. This requirement has been implemented by enactment of Village Code Section 25- 1, et. seq. It is proposed that the Charter be amended to set forth within its text, specific debt limits and a detailed definition of debt which includes all debt, regardless of term. Shall the above described Charter Amendment be adopted? Yes [ No [ 3" Polling place information and the full text of the proposed Village Charteramendment is available at the officeof the Village Clerkiocated 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 forpublic 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, and shall x / The form of the Notice of Special Election may be revised by the Village Clerk to include any other Charter amendments to be voted upon at the same election. 4 be 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 ADOP 1'ED on first reading this 12th day of September, 2001. PASSED AND ADOPTED on second reading this 19th day of September, 2001. CONCHTTA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL S RICHARD JAY WEISS, VILLAGE ATTORNEY 103001\ordinances \debt limit restrictions 5 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:authoritypersonally appeared SOOKIE WILLIAMS, who on oath says that she is the VICE PRESi DENT, Legal Notices of the DliamiLfa ly 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 advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCE AMENDING ARTICLE IV ETC. in the XXXX Court, was published in said newspaper in the issues of 09/07/2001 Affiantfurther 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 theretofore 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, fora period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she +'pa:e, hor oomised env per&on, fun,... corp„_. o-' a y dis .unt, rebate, commission or refund for thepurpose ng this advertisement forpublicationin the said per. (SEAL) SOOKIE WILLIAMS personal fore me this MARIA i. MESA f& COMMISSION ;IOC 885640 EXPIRES: March 4, 2004 • ; or Banded tem Notary Public Underwriters VILLAGE' -OF KEY IS AX LE OFFICE OF THE VILLAGE CLERK r The Village of Key Biscayne proposesto adopt the following;Ordi-. nance: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, f FLORIDA,. PROVIDING: FOR PROPOSED AMENDMENT OF THE VILLAGE CHARTER, BY AMENDING ARTICLE IV -LEGISLATIVE' BY AMENDING, SECTION 4.10 "BORROW- ING," TO DELETE REQUIREMENTS THAT THE VILLAGE `. COUNCIL SHALL.BY ORDINANCE LIMIT THE INDEBTED- NESS OF THE VILLAGE, AND INSTEAD TO PROVIDE FOR -SPECIFIC-DEBT' LIMIT 'RESTRICTIONS TO BE SET FORTH WITHIN :SECTION ' 4.19, INCLUDING PROVISIONS CON- CERNING DEBT APPROVAL, LIMITS ON DEBT, AND PRO- ' VIDING DEFINITIONS':CONCERNINGL DEBT; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORS; CALLLNG A SPECIAL ELECTION ON THE PRO- POSED AMENDMENT TO THE VILLAGE CHARTER; PROVID- -' ING FOR NOTICE OF ELECTION; PROVIDING FOR INCLU- SION IN THE CHARTER; PROVIDING FOR .EFFECTIVE', A Public Hearing on the first reading of this proposed Ordinance has been scheduled by the Village Council for Tuesday, September 11, 2001 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 i the `second reading of this Ordinance has been scheduled by the Village i Counci( for -Wednesday, September 19, 2001 at 7:00p:n1. in the Village Council Chamberon the second floor at 85'West McIntyre Street, Key Bi- rs eayne,,Ftotida_ yin accordance with the Arnericans With DisabilitiesAct of 1990, all per- sonswho 'are disabled and who need special accommodations to partici- pate inthis proceedingbecause of that disabilftyshoukl contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne;: Florida 33149, telephone number (305)385-5506, notlaterthan two busi- Tress days prior to such proceeding. lnterested parties are invited to appearand be heard. Acopy of the Pro- posed ordinance. may be obtained aLVi»age Hall, Office of the Village Clerk, 85 West McIntyre Street, Key Biscayne, Florida 33149. Should any person desiretoappealany decision:ofthe,villageCouncil With respect tawny matter to be considered at this meeting, that person shalt insure theta verbatim e-recontol the made inctudingall testimony, antlevidence upon which any appeal may be based (F.S. .917 Conchfta H Alvarez,.CMC VillageClerk -01.4.85/195480M ORDINANCE NO. 2001-9 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 6 "BUILDINGS AND BUILDING REGULATIONS" BY AMENDING SECTION 6-2 "CONSTRUCTION DEBRIS" BY AMENDING PARAGRAPH (A) "DEFINITIONS," TO CREATE DEFINITION FOR "CONVENIENCE EQUIPMENT," AND BY CREATING PARAGRAPH (D) "CONDITION OF ON -SITE RECEPTACLES AND CONVENIENCE EQUIPMENT," PROVIDING REQUIREMENTS THAT ON -SITE RECEPTACLES USED FOR THE DEPOSIT OF CONSTRUCTION DEBRIS, AND CONVENIENCE EQUIPMENT USED AT CONSTRUCTION OR DEMOLITION SITES, BE MAINTAINED SO THAT GRAFFITI IS NOT DISPLAYED ON THE EXTERIOR OF SUCH ON -SITE RECEPTACLES OR CONVENIENCE EQUIPMENT, AND THAT THE EXTERIOR IS PROPERLY MAINTAINED; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Code of the Village of Key Biscayne, Florida, is hereby amended by amending Chapter 6 "Buildings and Building Regulations," at Section 6-2 "Construction Debris" by amending paragraph (a) "Definitions" and creating paragraph (d) "Condition of On -Site Receptacles and Convenience Equipment," to read as follows:' Section 6-2. Construction Debris. (a) Definitions, The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Construction Debris means loose paper or cardboard, waste or scrap building materials, or other litter which is generated by construction or demolition activities. Convenience Equipment means: storage cabinets, containers, bins; portable toilets; vehicles: or similar equipment utilized for the convenience of construction or demolition activities_ On -Site Receptacle means a portable container or bin designed to be a depository for Construction Debris. Additions to existing text are indicated by underline. Persons means owners or lessees of real property, their contractors, subcontractors and agents. (b) On -Site Receptacles required. All Persons engaging in construction or demolition projects with a cost in excess of $15,000.00 shall provide sufficient On -Site Receptacles to maintain construction or demolition areas in a clean, neat and sanitary condition free from Construction Debris. (c) Disposal of Construction Debris. All Construction Debris shall be either stored in On -Site Receptacles for later disposal or shall be removed from construction or demolition areas by 5:00 p.m. daily. {d) Condition of On -Site Receptacles and Convenience Equipment. (i) No Person shall install, place, or deliver an On -Site Receptacle or Convenience Equipment to any parcel within the Village. which On- Site Receptacle or Convenience Equipment is visible from a public right-of-way or from any adjoining residential parcel, unless the exterior of such On -Site Receptacle or Convenience Equipment is pronerlv maintained in a clean and presentable condition and in a manner free from graffiti or similar markings. (1) Any Person who maintains or utilizes an On -Site Receptacle or Convenience Equipment shall maintain the exterior thereof in a clean and presentable condition; free from graffiti or similar markings. and shall promptly remove any such graffiti or similar markings within one day from the date of the appearance of such graffiti or similar markings. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of 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. 2 Secti6n 4. Penalty. Any person who violates any provision of this Ordinance shall, upon conviction, be punished by fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, ES., as amended, and Village Code Section 2-31, et. seq., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 5. Effective Date. This Ordinance shall be effective immediately. upon_ passage by the Village Council on second reading. PASSED AND ADOPTED on first reading this 10th day of July , 2001. PASSED AND ADOPTED on second reading this 9th day of October 2001. ST: 4 CHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICIEIV ckAbt4AL4J,N RICHARD JAY WEISS, VILLAGE ATTORNEY 10300nord nancesTon-site receptacles 3 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 O.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 advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - ORDINANCE AMENDING VILLAGE CODE BY AMENDING CHAPTER 6, ETC. in the XXXX Court, was published in said newspaper in the issues of 08/16/2001 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 publication of the attached copy of advertisement; and affiant further says that she =has neither paid nor promised any person, firm or corporation any discount, r -..ate, co i or refund for the purpose ofsecuring is adve r.' ement f.. publication in the said newspap (SEAL) O.V. FERBEYRE personally VILLAGE OF KEY`BISCAYNE"`r OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the'fdflowing ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be on Tuesday, August 28, 2001 at 7:00 p.m., in the Council Chamber,- located at85'West McIntyre Street, Second Floor, Key Biscayne, Florida AN ORDINANCE OF THE: VILLAGE. OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 6:"BUILDINGS AND BUILDING REGULATIONS" BY AMENDING SECTION 6-2 "CONSTRUCTION DEBRIS' BY CREATING PARAGRAPH (D) "CONDITION OF ON -SITE RE- CEPTACLES,";PROVIDING FOR REQUIREMENT THAT ON - SITE RECEPTACLES USED FOR THE DEPOSIT OF CON- STRUCTION DEBRIS BE MAINTAINED SO THAT GRAFFITI IS NOT DISPLAYED ON THE EXTERIOR OR SUCH ON -SITE RE- CEPTACLES, AND THAT THE EXTERIOR IS PROPERLY ` - 1 MAINTAINED; PROVIDING FOR SEVERABILITY; PROVIDING ' `.-.FOR INCLUSION IN -CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE The proposed Ordinance may be inspected by the pubhcatthe Office of the Village Clerk. Interestedpartiesmay appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the Village Council on any item at this Public Hearing is askedto register with the Village Clerk prior to that item being heard. In accordancewith the Americans With Disabilities Act of 1990, all per- sons who are disabled and who need special accommodations to partici- pate in this proceeding because of that disability 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 anymatter to be considered at this meeting, that person shall insure that averbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S:' 286.0105) Comments of any interestedparty relative to -this matter may be submit- ted in writing and or presented inperson at the public hearing. Conchita H -Alvarez, CMC Village Clerk __ 01-4,55/189524M RR I. MESA Y COMMISSION # 00 885640 EXPIRES: March 4, 2004 ivy kolaiy Pftrcuru.'erwmets 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/kla 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 AMENDING CHAPTER 6, ETC. OCTOBER 9, 2001E in the XXXXX Court, was published in said newspaper in the issues of Sep 7, 2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miamiin 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 publication of the attached copy of advertisement; and 'affiant further sa - that she ' Tier paid nor promised or col any person, fir mission or ment for p (SEAL) Octelma V. Ferbeyre discount, rebate, corn - curing this advertise - paper. -et d subscribed before me this er 2001 A.D ; gyyie; MARIA I. MESA , MY COMMISSION I CC 885640 PIKES: March 4, 2004 TddIIEX lotary Public Underwriters VILLAGE OF (SCATHE' OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE r.Notice is hereby given that the following ordinance will be considered: bn Second Readingby the Village Council of the Village of Key Biscayne tat a meeting to be held on Tuesday, October 9, 2001 at 7:00 p.m.,in the Council Chamber, located at 85 West McIntyreStreet, Second Floor, Key )Biscayne, Florida: AN ORDINANCEOF THE VILLAGE OF KEY'BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 6 "BUILDINGS AND BUILDING REGULATIONS' BY AMENDINGSECTION6-2 "CONSTRUCTION DEBRIS"",BY AMENDING PARAGRAPH (A) "DEFINITIONS," TO CREATE DEFINITION FOR "CONVENIENCE EQUIPMENT," AND BY CREATING PARAGRAPH (D) "CONDITION OF ON -SITE RE- }, CEPTACLES(AND CONVENIENCE EQUIPMENT," PROVID- ING REQUIREMENTS THAT ON -SITE RECEPTACLES USED FOR -THEE DEPOSIT OF CONSTRUCTION DEBRIS, AND CON- VENIENCE . EQUIPMENT USED AT CONSTRUCTION OR DEMOLITION SITES, BE MAINTAINED SO THAT GRAFFITI IS NOT DISPLAYED ON THE EXTERIOR OF SUCH ON -SITE RECEPTACLES OR CONVENIENCE EQUIPMENT, AND THAT THE EXTERIOR IS PROPERLY MAINTAINED; PRO- VIDING FOR SEVERABILITY; PROVIDING. FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EF- 1 FECTIVE DATE. The proposed Ordinancemay be inspectedby the public at theOffice of the Village Clerk. Interested parties may appear at thePublic Hearing and be heard with respect totheproposed Ordinance. Any person wishing to address the:Village Council on any itemat this Public Hearing is asked to,.. register with the Village Clerk prior tothat item being heard. -. In accordance with the Americans With Disabilities Act of 1990, all per - ,sons who are disabledand who needspecialaccommodations to,partici-.: , pate in this proceeding because of that disability 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 twobusi- ness days prior to such proceeding. l 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).,- ` Comments of any interested party. relativee ttbthis matter may be submit- ted•in writing and or presented in person at the publichearing. Concha H. Alvarez, CMC Village Clerk - " n1 -4-29/20.0971M ORDINANCE NO. 2001- 12 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 25 "TAXATION" AT ARTICLE I "IN GENERAL," BY AMENDING THE DEFINITION OF "DEBT" IN SECTION 25-1 "DEFINITIONS" OF THE DEBT LIMIT ORDINANCE, SO AS TO INCLUDE CERTAIN ROLL- OVERS, RENEWALS OR EXTENSIONS OF FINANCIAL OBLIGATIONS OF THE VILLAGE, WHICH INITIALLY REQUIRE REPAYMENT WITHIN ONE YEAR, AS CONSTITUTING DEBT WHICH IS SUBJECT TO THE RESTRICTIONS OF THE DEBT LIMIT ORDINANCE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Section 25-1, et. seq. of the Village Code (the "Debt Limit Ordinance") presently defines debt in a manner which excludes from the definition of debt any financial obligation of the Village which is required to be repaid within one year from its incurrence (the 'Short Term Debt"); and WHEREAS, Section 25-2 of the Debt Limit Ordinance provides limits on the total principal of debt of the Village; and WHEREAS, the Village Council desires to amend the Debt Limit Ordinance so as to provide for the roll-over, renewal or extension of Short Term Debt to be subject to the Debt Limit Ordinance, as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1. Amendment. That Section 25-1 "Definitions" of Article I "In General" of Chapter 25 "Taxation" of the Village Code, is hereby amended by amending the term "Debt" in Section 25-1, to read as follows:' Underlined provisions indicate additions to existing text of the Village Code. Deletions from existing text of the Village Code are indicated by sh it etiutublh. 1 Section 25-1. Definitions. Debt means any financial obligation of the Village which is not required to be repaid within one year of its incurrence, excluding Debt payable from an Enterprise Fund. If a financial obligation is payable from an Enterprise Fund and from other sources, that portion payable from the Enterprise Fund shall not be included in the calculation of Debt. Further. excluding Debt payable from an Enterprise Fund, Debt also means any financial obligation of the Village hereafter initially incurred, which is required to be repaid within one year and which is thereafter subsequently rolled -over, renewed or extended for a period of time of more than 364 additional days or exceeds an aggregate of Ten Million Dollars in such roll-overs, renewals or extensions, unless arising pursuant to an emergency. Section 2. Severability. That 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 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 hat 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 adoption on second reading. PASSED AND ADOFI'ED on first reading this 23rd day 'off October. 2001. PASSED AND ADOPTED on second reading this 13th day of f November 20 CONCHITA IL ALVAREZ, CMC, VIII AGE APPROVED AS TO FORM AND LEGAL SUFFI RICHARD JAY WEISS, V$.I.AGE ATTORNEY 2 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 O.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 advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING FOR NOV. 13, 2001 in the XXXX Court, was published in said newspaper in the issues of 11/01/2001 - 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 publication of the attached copy of advertisement,, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, re.- -,corn ' - refund for the purpose of securing tbi- advent 'ant for p •biication in the said newspaper. Sworn to and su ed before me thi 01 .=yof ij'7 MBER (SEAL) O.V. FERBEYRE personally known =YILIAGE OF'KEY BISCAYNE FICE OF THE VILLAGE CLERK4 :-PUBLIC NOTICE Notice is hereby_given that the following ordinances will be considered on Second, Reading by the Village Council of the Village of Key Biscayne'. at a meeting to be held on Tuesday, November 13,2001; 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 OF ORDINANCES BY AMENDING ARTICLE Ill 'UTILITY TAX" OF CHAPTER 25 "TAXATION", AT SECTIONS 25-50, 25-51, 25-54 AND 25-55 _. SO AS TO CONFORM TO CHAPTER 2001-140, LAWS OF FLORIDA; RATIFYING RESOLUTION NO. 2001-41 WHICH ADOPTED A COMMUNICATIONS SERVICES. TAX RATE; PROVIDING FOR CODIFICATION; PROVIDING. FOR SEVER - ABILITY; PROVIDING FOR SAVINGS; AND PROVIDING AN EFFECTIVE DATE. - - AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, - FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 23 "RETIREMENT° BY AMENDING SECTION 23-36 'BENEFIT AMOUNTS AND ELIGIBILITY" BY AMENDING PAR- AGRAPH'(B) "NORMAL RETIREMENT BENEFIT," TO IN- CREASE THE MONTHLY RETIREMENT BENEFIT TO THREE PERCENT OF AVERAGE FINAL COMPENSATION FOR EACH YEAR OF CREDITED SERVICE; PROVIDING FORSEVERA- BILITY;. PROVIDING FOR INCLUSION IN CODE; AND PRO- VIDING FOR EFFECTIVE DATE. -. - . AN ORDINANCE OF THE VILLAGE OF KEY -BISCAYNE, " ,FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING - CHAPTER 25'TAXATION" AT ARTICLE 1 "IN GENERAL' BY - AMENDING THE DEFINITION OF. °DEBT', IN. SECTION. 25-1 'DEFINITIONS" OF THE DEBT LIMIT ORDINANCE; SO AS TO., INCLUDE CERTAIN ROLL-OVERS,.RENEWALS -OR-EXTEN-: ,- SIONS OF FINANCIAL OBLIGATIONS OF THE- VILLAGE, - -WHICH iNITIALLY REQUIRE REPAYMENT WITHIN ONE.. . YEAR AS. CONSTITUTING DEBT -WHICH 15 SUBJECT TO , THE RESTRICTIONS' OF THE DEBT LIMIT ORDINANCE ^.PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR - sEVERABILITYf PROVIDING FOR EFFECTIVE DATE The proposed Ordinances may be inspectedby the publipdt the Office ,of the Village. Clerk. Interested parties may appear at the=Public Heanrg -and be heard with respect to the proposed Ordinance. Any person wish- ing to address the Village' Council on any 'item at this Public Hearing is asked to register with the Village Clerk prior to that item; being heard.,, Tin accordancew)th:theAmencansWith DisgbllLbes;Aciof 1990�a71per- 'sons who are disabled and who need special accommodations to partici- pate in this proceeding becauseof that dab —fifty should contact the Office ofthe-VillageCled4 91 West McIntyre :Street, Suite 203; Key Biscayne, Florida 33149, telephone number (305) 365-5506, not latert ian 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 thataverbatim record of the probeed— all testimony and evidence upon which any?appeal.t lay be based (ES. 286.0105). .- Comments of anyinterested partyrelative to this mattermay besubmit-. ted in writing and or presented in.person at the public hearing , OFFICIAL. OTARY SEAL 1 IANETT LLERENA NOTARY PUBLIC STATE OF FLORIDA o meOMMLSSION NO. CC 917958 MY COMMISSION EX?. UNE 23,2004 .:.ConchitaH. Alvarez, CMG Village.Clerk --- .. 01-4-23/210009M ORDINANCE NO. 200141 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 23 "RETIREMENT' BY AMENDING SECTION 23-36 "BENEFIT AMOUNTS AND ELIGIBILITY" BY AMENDING PARAGRAPH (B) "NORMAL RETIREMENT BENEFIT," TO INCREASE THE MONTHLY RETIREMENT BENEFIT TO THREE PERCENT OF AVERAGE FINAL COMPENSATION FOR EACH YEAR OF CREDITED SERVICE; PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR EI'FECTIVE DATE. IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Village Code of the Village of Key Biscayne, Florida, is hereby amended by amending Chapter 23 "Retirement," at Section 23-36 "Benefit amounts and eligibility" by amending paragraph (b) "Normal retirement benefit" to read as foliows:1 Section 23-36. Benefit amounts and eligibility. * * * (b) Normal Retirement Benefit. A Member retiring hereunder on or after his normal retirement date shall receive a monthlybenefit which shall commence on his retirement date and be continued thereafter during his lifetime, ceasing upon his death, but for ten years certain in any event. The monthly retirement benefitshall equal twu pLlecnt three percent of Average Final Compensation for each year of Credited Service. Section 2. Severability. The provisions of this Ordinance are declared to be severable and y section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, Additions to existing text are indicated by underline. 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 e Village Council on second reading. PASSED AND ADOPTED on first reading this 9th day of October , 2001. PASSED AND ADOPTED on second reading this 13th day of November , 2001. S� CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFFICIE RICHARD JAY WEISS, VILLAGE ATTORNEY F:1103001\ Ordinances'AmendingPension Plan to increase multiplier.doc 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 O.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 advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING FOR NOV. 13, 2001 in the XXXX Court, was published in said newspaper in the issues of 11/01/2001 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 7 periodof 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, firm or corporation any discount, re •: -,coin '-:'. refund for the purpose of securing fit adverb ter for • 'blication in the said newspaper Sworn to and suu..4' bed before me thi 01 .=y of yes" MBES 7 . 2001 GEOFICEY-BISCAYNE ICtOE HEPILLAGECLERK'e . =-LPIJBLICNOTICE Notice is hereby given -that the following ordinances will be considered on Second. Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, November 13, 2004>at 7:00 p.nt;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 CODEOF ORDINANCES BY AMENDING ARTICLE 111 "UTILITY TAX" OF CHAPTER 25 'TAXATION', AT SECTIONS. 25-50, 25-51, 25-54 AND 25-55 SO AS TO CONFORM TO CHAPTER 2001-140,. LAWS OF FLORIDA; RATIFYING RESOLUTION NO. 2001-41 WHICH ADOPTED A COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR CODIFICATION; PROVIDING. FOR SEVER - ABILITY; PROVIDING FOR SAVINGS; AND PROVIDING AN. EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE. BY AMENDING CHAPTER 23 "RETIREMENT' BY AMENDING SECTION 23-36 'BENEFIT AMOUNTS AND ELIGIBILITY" BY AMENDING PAR- AGRAPH;(B) 'NORMAL RETIREMENT BENEFIT," TO IN- CREASE THE MONTHLY RETIREMENT BENEFIT TO THREE '; PERCENT OF AVERAGE FINAL COMPENSATION FOR EACH YEAR OF CREDITED SERVICE; PROVIDING FOR SEVER -A - BILITY;%PROVIDINC FOR INCLUSION=IN CODE; AND PRO- VIDING FOR EFFECTIVE DATE.; ,: '. AN ORDINANCE OFF -THE VILLAGE OF KEY :BISCAYNE c' ,FLORIDA, AMENDING• THE; VILLAGE CODE BY,:AMENDING�L'. CHAPTER 25 TAXATION"AT ARTICLE I "IN GENERAL" BYAMENDING THE':- DEFINITION OF 'DEBT"IN SECTION 25-1:;: 'DEFINITIONS' OF THE DEBT LIMIT ORDINANCE, SO AS TO a- INCLUDE CERTAIN ROLLOVERS,': RENEWALS OR EXTEN- SIONS OF FINANCIAL ;OBLIGATIONS OF THE VILLAGE, "a WHICH INITIALLY REQUIRE REPAYMENT WITHIN ONE YEAR,AS CONSTITUTING DEBT WHICH IS SUBJECT TO _ THE RESTRICTIONS OF THE DEBT LIMIT ORDINANCE -Y3 •.�--PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR s`. SEVERABILITY,PROVIDING FOR EFFECTIVE DATE The proposed Ordinances may be inspectedbythe nubileat the Office of the Village Clerk Interestedyarties may appear at the'Public Headdg and be heard with respect to the proposed Ordinance. Any person wish- ing to address the Village Cbunafon' anyitem at this Public Hearing is asked to registeLwl trthe Village Clerk prior to thatilembeing heard ! r.1n acconfance wthihe rnencans With Dlsabi7>CresActt of f' 90,,ptlAer- sons who are disabled an&who need special accommodations to partici- pate in ihisproceedingt,u.ause of that disability should contact the Office of theVillagge;"Clerk'99 West "McIntyre Street, iSuite 203, Key Biscayne, Florida 33149, telephone number (305) 365-5506,not later,thantwo 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 Ihis meeting, that,person shall insure that averbatin%ecerd of the proceedings ismade including all testimony and. eyidenee upon "which anyappeal,may?be based {F.S. 96.0705). - Comments of any interested partyrelative to this matter may be submit ted in writing and or presented in person at the public hearing Conchita H. Alvarez, CMC -, .Village,Clerk,- .. - .01-4 23/210009M �, (SEAL) O.V. FERBEYRE personally known OFFICIAL. OTARY SEAL 1. IANEIT LLERENA NOTARY PUBLIC STATE OF FLORIDA, o moCOMMISSION NO. CC 912958 MY COMMISSION EX?. UNE 232004 It ORDINANCE NO. 2001-10 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE III "UTILITY TAX" OF CHAPTER 25 "TAXATION", AT SECTIONS 25- 50, 25-51, 25-54 AND 25-55 SO AS TO CONFORM TO CHAPTER 2001-140, LAWS OF FLORIDA; RATIFYING RESOLUTION NO. 2001-41 WHICH ADOPTED A COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY PROVIDING FOR SAVINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, during the 2001 legislative session, the Florida Legislature passed the Communications Services Tax Simplification Act CS/CS/SB 1878, Chp. 2001-140, Laws of Florida ("Communications Tax Act"), which was signed into law on May 31, 2001; and WHEREAS, the Communications Tax Act changed the manner in which municipalities establish their communications tax rates and collect such taxes; and WHEREAS, on June 12, 2001, the Village passed Resolution No 2001-41 adopting a Communications Tax rate under the Communications Tax Act; and WHEREAS, it is appropriate to revise Chapter 25 "Taxation" of the Village Code. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, AS FOLLOWS:' Section 1. Recitals. The above recitals arc true and correct and are incorporated herein by reference. Additions to code text are indicated by underline deletions are indicated by striket runic Section 2. Code Amended. That Article III "Utility Tax" of Chapter 25 "Taxation" of e Code of the Village of Key Biscayne, is hereby amended by amending Section 25-50 "Definitions." to read as follows: Sec. 25-50. Definitions. Purchase. Every act or transaction whereby possession of, utilizing of, control over or title to Electricity, Water, Metered Gas, Bottled Gas, Coal, Fuel Oil, Telex oa ti,unicati ns S , i . , and the duty and obligation to pay therefor become vested in the purchaser within the incorporated area of the Village, but such term shall not pertain to nor include any such Purchase act or transaction when undertaken or performed by an agency or instrumentality of the United States Government, the State, the County or a municipality. Purchaser. Every person legally liable for the payment of Electricity, Water, Metered Gas, Bottled Gas, Coal or Fuel oil delivery, ndered to such Purchaser, by a Seller, unless such person is an agency or instrumentality of the United States Government, the State, the County, a municipality, or a house of public worship, which qualifies for exemption from the State sales tax under ES. 212.08(7)(c)(1). Seller. Every person delivering Electricity, Water, Metered Gas, Bottled Gas, Coal, or Fuel Oil, or ren&*ing Tela,oimnuiiicatiorb Scr,ive to any Purchaser thereof. '3,1-rifagrof-TeieemnrntinicatioThs-Service-witieiroriginateranci-teminates-iirtitir State; Da,l viw vi any pit kw lint-, Sel Vea, i,CCcpt vV11Cn Sueli SCfVla,ec. cue u&,(1 bi Solal a a c 1v1 auy 1/44/ L, wuiP Jwi wl,cu sl,t vlw. tel. plait e company pioNeialw a Cullltilwiia2Aatoll path, aCccs i clwOntniunlca ta,4 ULIUW, Sl la a,Cl only OR Ul lentlily iecuning 6S JGl Vlt,t (1) Leval Telcphonc Sol vice, hill TeLphenk, Service, including w ida -art- a Tela,phunc Se vies„ tcll,gtatn Oi Tela,gial 1T SCI. Viet-,, to lt-typCwiltcf ei Cvlllputad Cnthangc sl,Nicc, 'atc y Ly Willa, Vr pllvatl, eU1n,11at111l,Qtlen 01,1 V ILA..., v1 {2)C c. Gda,pnvne e1 1C1a,Cvnlf11un1Ca11Ono JCR'1a,C, vi Sywlalceal Ill OL l 1 allill, dial liaSa,i.S UlId Ya%il1S J4l, Vil,4, illelulllll6.huL not k1111Li.l1 to ��llwlJl,1 S11 41111 0.113 lneltla.la, set aiees el eglllpineut lneiala,ntal tO 1ela,eOnil1i111i1e4116us Jelwlec 1/4, 1/4,d in t11is pafagiapll Buell aS niainft hale a t cilsteinei lifeniiseo: t.Qiupnna 1,w, pal SLtt Ci, itC1111L , O1. ata,SvubCU till U1t Lill 111i'viw, v1 Li L,1 IS 1/4, V VLUa,lia,c.Oi 11c;1110ViSiOn. 01 SUL 3 incorporated ar a of the Vlllagc., insefar anu h s c IC A,4u1105 tl1. paymcut of com-be..cs. Section 3. Code Amended. That Article III "Utility Tax" of Chapter 25 "Taxation" of the Code of the Village of Key Biscayne, is hereby amended by amending Section 25-51 "Rate and amount of excise tax on purchase of public utility services; collection of tax." to read as follows: Sec. 25-51. Rate and amount of excise tax on purchase of public utility services; collection of tax. There is hereby levied and imposed by the Village upon every Purchase in the incorporated area of the Village of Electricity, Water, Metered Gas, Bottled gas, Coal, and Fuel Oil; included in or reflected by any bill rendered by the Seller to the Purchaser an excise tax which shall be determined as follows: (1) a. When the Seller, in accordance with rules and regulations, renders a bill to the Purchaser to cover Purchases, LLG1faSW O1 1c41aulc Lcle Services made during the period of time to which the bill is applicable, the amount of excise tax shallbe ten percent of the total amount shown on any such bill due and 4 payable on account of such Purchases (not exceeding four cents per gallon for Purchases of fuel oil), exclusive of governmental charges, annual service fees collected pursuant to section 32-54 of the County Code (pertaining to Water Service), and adjustments caused by the increased cost of energy -producing fuels, provided such governmental charges, service fees, taxes and fuel adjustments are shown separately on any such bill. SGf 6ic.. pf8�td4d W• tl1 Cho in�oipeiat� 4 IL14pi1Oii . 4 414p110114 .5- 14f44Vllldlflflll ., (2) In the use and application set out in this section, Purchases of Electricity, Metered Gas, Bottled. Gas, coal, Fuel Oil, TeLcumnfm5icaticns;S4f u:;44,and Water Service_ shall be considered and treated as constituting and being distinct and unrelated classes of Purchases, and in the event that more than one such class shall be shown upon the same bill, the amount of excise tax payable pursuant hereto shall be determined and computed for each such class separately. 6 , of a4vci,. 1.) ui 1114 8f Gustomet s b?llfAg This section shall be applicable to all bills for Electricity, Metered Gas Bottled Gas, Coal, Fuel Oil, Taxau Tel co. i na lieation Senk.c, and Water Service; except that any bills for the purchase of 16 ounces or less of Bottled Gas in a container or less than one gallon of Fuel Oil shall be exempt from taxation under this article, and further in reference to those purchases enumerated in F.S. §166.231, this article shall onlyapply to the extent permitted therein; the sale of Fuel Oil and Coal to a public or private utility; either for resale of for use as fuel in the generation of Electricity; or the sale of fuel used for the propulsion of land, water or air vehicles oras fuel for other engines, theaase of which does not compete with those utilities or energy sources specifies in F.S § 166.231. There is further exempted from the tax hereby imposed, Fuel Oil and Electricity used to operate farm machinery, irrigation pumps and agricultural first -processing machinery. Section 4. Code Amended. That Article III "Utility Tax" of Chapter 25 "Taxation" of the Code of the Village of Key Biscayne, is hereby amended by amending Section 25-54"Reports of deliveries for resale. to read as follows: Section 25-54 Reports of deliveries for resale. Every manufacturer, distributor, wholesaler or. Seller .who shall deliver.. Electricity, Metered Gas, Bottled Gas, Coal, Fuel Oil, TelLp ton .Setv1CL, Tel.,giaph .S 1,iVIC1/4. or Water Service to any Seller or other person having a place of business in the incorporated area of the Village, or licensed to do business therein, to be sold or resold to ultimate Purchasers, shall report to the Finance Department semi-annually, as of June 30th and December 31s`, the names and addresses of such Sellers or other persons, and the 6 quantities received by each of them during the preceding six months, such reports to be filed not later than one month after the close of each semi-annual period. Section 5. Code Amended. That Article III"Utility Tax" of Chapter 25 "Taxation" of the Code of the Village of Key Biscayne, is hereby amended by amending Section 25-55. "Recognition of expense in regulation of rates." to read as follows: Section 25-55. Recognition of expense in regulation of rates. *x* e1V1e.., ul., Je11..1 Shall 11E aIlOWL a Vie ptieeut @I we am aunt @1 the Lax EL, L., at 1E fl..flLt. etl@n 15 all@JV..(1 a� E@llll,cibatlon-I@f A.,Ep1ng @1 fw@ffla a11fl Ev11..Et1@ and-rernitting-the-strrim—To-the-exient-that-Wiage-offieials-vaill-deenr it -necessary -to travel out of Oh- Villages to examine th.. SelLe's books and re..ords required to b., kq [t __ 1_.. _ _ -.. -.__ 25_S ortfrof-porket-mcpeases aJ a 1WQIl of Jtld.Il t<•a V.,,hall LU11,1111 Lab to tn.. V llag., 11y the J�.11a.1 out b1 uil8 ou., pt.1Leut a.. 1R1ge. Section 6. Ratification of Resolution. Resolution No. 2001-41, attached hereto as Exhibit "A", as adopted on June 12, 2001, is hereby confirmed and ratified and shall continue in full force and effect as if adopted by Ordinance on that date. Section 7. Codification. It is the intention of the Village Council that the provisions of this Ordinance become and be made part of the Village Code, and that the Sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section" or such other appropriate word or phrase to accomplish such intentions. 7 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. Savings. Telecommunications taxes due and owing to the Village on the tax hich existed prior to the imposition of the new tax rate structure, pursuant to the rate Communications Tax Act, shall remain in full force and effect until paid in full. Section 1Q. Effective Pate. This Ordinance shall become effective upon adoption on second reading. PASSED AND ADOPTED on first reading on this 9th day of October, 2001. PASSED AND ADOPTED on second reading on this 13th day offictuember, 200 CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFIC h RICHARD JAY WEISS, VIII AGE ATTORNEY 103041/Ordioaoces&Resolmioas/Ocd Amending Tax Code 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 O.V. FERBEYRE, who on oath says that she is the SUPERVISOR, Legal Noticesof the Miami Daily Business Review f/Wa Miami Review, a daily (except Saturday, Sunday '-and Legai "Honoays):newspaper„ published atwiiarit in Mia7n- de — County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING FOR NOV. 13, 2001 in the XXXX Court, was published in said newspaper in tine issues of 11/01/2001 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 thefirst publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, re.. •, comm . refund for the purpose -prseturingthi aovert ,entifor ' •bhcatronrintesaid newspaper.' Sworn to and su.4°bed before me thi 01 .:yo MBER 2001 (SEAL) O.V. FERBEYRE personally known VILLAGE'OFKEY'BISCAYNt OFFICE OF THE VILLAGE CLERK " PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered .pn. Second Reading by the Village -.Council of the Village of Key Biscayne, at a meeting to be held on Tuesday, November 13, 2001 at 7:00 p.m.:in the Council Chamber, located at 85 West McIntyre Street, Second Floor, {KeyBiscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE I' FLORIDA: AMENDING THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE Ill "UTILITY TAX" OF CHAPTER 25 r;:'TAXATION' AT SECTIONS 25-50, 2551 25-54 AND 25-55 SO AS TO CONFORM TO CHAPTER 2001-140,: LAWS OF FLORIDA; RATIFYING RESOLUTION NO. 2001-41 WHICH - ADOPTED A`COMMUNICATIONS SERVICES TAX RATE; -..' PROVIDING FOR CODIFICATION; PROVIDING FOR SEVER - ABILITY; PROVIDING FOR SAVINGS; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE. OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 23 "RETIREMENT" BY AMENDING SECTION 23-36 _ "BENEFIT AMOUNTS AND ELIGIBILITY" BY AMENDING PAR- AGRAPH (B) "NORMAL RETIREMENT BENEFIT,' TO IN-. CREASE THE MONTHLY RETIREMENT BENEFIT TO THREE PERCENT OF AVERAGE FINAL COMPENSATION FOR EACH YEAR OF CREDITED. SERVICE; PROVIDING FOR SEVERA BILITY; PROVIDING FOR INCLUSION IN CODE; AND PRO- VIDING FOR EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF ,KEY BISCAYNE, ' FLORIDA,. AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 25"TAXATION" AT ARTICLE I "IN GENERAL," BY t. AMENDING THE DEFINITION OF "DEBT' IN SECTION 25-1 "DEFINITIONS' OF THE DEBT LIMIT ORDINANCE, SO AS TO INCLUDE CERTAIN ROLLOVERSRENEWALS OR EXTEN- SIONS OF. FINANCIAL. OBLIGATIONS OF THE VILLAGE, WHICH INITIALLY REQUIRE REPAYMENT WITHIN ONE YEAR, AS CONSTITUTING DEBT'. WHICH 1S' SUBJECT TO r THE RESTRICTIONS OF THE DEBT LIMIT .ORDINANCE; 'a PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABIUTY; PROVIDING FOR EFFECTIVE DATE. The proposed Ordinances may be inspected by the pubtcat the Office Iof the Village Clerk. Interested parties may appear atthe Public Hearing- :and be heard with respect to the proposed Ordinance. Any person wish- ing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to thatitem being heard ,. t •; I In accordance with the Americans With DisabtlitlesAcl of; 1990, all per- :sons who are disabled and who need special accommodations to partici- `pate in this proceeding because of that disability should contact the Office "Of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne, Florida 33145, telephone number (305) 365-5506, not later than two busi- Iness 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 'Ishall insure that averbatim record of the proceedings is made includingall testimony and evidence upon which anyappeal may be based (F.S. 88.Qt OS) Comments of any interested partyrelative to this matter may be submit- ted in writing and or presented in person atthe public hearing OFFICIAL OTARYSEAL - h JANET-' LLERENA NOTARY PUBLIC STATE OF FLORIDA 0 meCOMMLSSION NO. CC 912958 MY COMMISSION EXP. LINE 232004 Conchita H. Alvarez, CMC Village Clerk ___. 01-4-23/210005M .'; ORDINANCE NO. 2001-13 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE VILLAGE TO OPT OUT OF AND EXEMPT ITSELF FROM THE REQUIREMENTS OF SECTION 2-11.1(T) OF THE MIAMI-DADE COUNTY CODE CONCERNING CONE OF SILENCE REQUIREMENTS RELATED TO PURCHASING TRANSACTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Miami -Dade County, Florida, has recently adopted an amendment to Section 2-11.1(t) of the Miami -Dade County Code (the "County Code"), so as to remove any question of municipal autonomy in purchasing transactions, and to enable municipalities to opt out of and exempt themselves from the requirements of Section 2-11.1(t) "Cone of Silence" of the County Code; and WHEREAS, the Village Council finds that any necessary restrictions upon bidder or proposer communications with the Village during the competitive bidding or proposal process related to purchasing transactions may be provided by municipal ordinance or by simply including appropriate provisions within the specifications for the purchasing transaction, rather than being mandated by a County ordinance which is not tailored to meet local concerns and procedures. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1. Recitals Adopted. Each of the above recitals is hereby confirmed and adopted. Section 2. Opt Out Invoked. It is hereby provided that the provisions of Section 2- 1.1(t) "Cone of Silence," of the Miami -Dade. County Code shall not apply to the Village of Key Biscayne. This Ordinance shall prevail over any conflicting Village Ordinance. Section 3. Severability. That 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 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 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 5. Notification. That the Village Clerk shall provide a copy of this Ordinance to the Miami -Dade County Ethics Commission. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOFIED on first reading this 13th day of November , 2001. PASSED AND ADOPTED on second reading this 27th day €-0 2001. CONCHITA H. ALVAREZ, CMC, VIII AGE MAAYOTFJOE I. RASCO APPROVED AS TO FORM AND LEGAL SUFFI RICHARD JAY WEISS, VILLAGE ATTORNEY 2 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 SOOKIE WILLIAMS, who on oath says that she is the VICE PRESIDENT, Legaf Nolices of the MiamlUaily 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 advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING FOR NOV. 27, 2001 in the XXXX Court, was published in said newspaper in the issues of 11/16/2001 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 publication of the atta • copy of advertisement; and affiant further says that she rpaio-norpron isedany psrs rm .rmomoraton nt, rebate, commission or refund for the purpose ngthis adv isement for publication in the said per. MARIA 1. MESA r` -r MYCOMMISSION IICC885640 ly kTIDINIREl50Altfrfl 4, 2004 a.- Banded llm: Hoary W6G:On rs fLaGE'OF'KEYBISCAYN OFFICE OF THE VILLAGE CLERK` PUBLIC NOTICE I Notice is hereby given thatthe following: ordinances will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday;: November 27, 2001 at 7:00p.m:, in [the Council Chamber, located at 85 West McIntyre Street, Second floor, e, Cey Biscayn Fierlda: -_... _ AN ORDINANCE OF THE VILLAGE -OF KEY BISCAYNE, FLORIDA; PROVIDING: FOR THE VILLAGE TO OPT OUT OF AND EXEMPT ITSELF FROM THE REQUIREMENTS OF SEC- TION 2-11.1(T)OF THE MIAMI-DADE. COUNTY CODE CON- CERNING CONE OF SILENCE REQUIREMENTS. RELATED TO PURCHASING TRANSACTIONS; PROVIDING FOR SEV- ERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVID- ING FOR EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY. CREATING AN ART -IN -PUBLIC -PLACES PROGRAM, CREATING_ AN ART -IN -PUBLIC -PLACES BOARD, PROVIDING FOR SEVER - ABILITY; PROVIDING. FOR INCLUSION. IN CODE; PROVID- ING FOR AN EFFECTIVE DATE. The proposed Ordinances may be inspected by the public at the Office of the Village Clerk. Interested parties may: appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wish- ing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance withthe Americans With Disabilities Act of 1990,all per- sons who are disabled and who needspecial accommodations to -partici- pate in this proceeding because of that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne; Florida 33149, telephone number(305) 365-5506, not iater than two busi- ness days prior to such. proceeding. -. Should anyperson desire to appeal any 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 whichany appeal may be based (FS:; 286.0105). Comments of any interested party relative to this matter may be submit- Ited in writing and or presented in person at the public hearing. Conchita H. Alvarez; CMC Village Clerk- ' 11/16 01-4.62/214369M_. ORDINANCE NO. 2001-14 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY CREATING AN ART -IN -PUBLIC -PLACES PROGRAM, CREATING AN ART -IN -PUBLIC -PLACES BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE.COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Art -in -Public -Places program and the Art -in -Public -Places Board of the Village of Key Biscayne, Florida, is hereby created by adopting an Art -in -Public -Places Ordinance, to read as follows: WORKS OF ART IN PUBLIC PLACES: 1. Art -in -public -places program: (a) Appropriation for construction to include amount for works of art The Village of Key Biscayne, Florida, shall provide for the acquisition of works of art equivalent in value to not less than one and one-half (11) percent of the construction costs of new governmental buildings, provided that no funds may be appropriated for this purpose from the ad valorem tax operations fund. To the extent the total appropriation is not used for the acquisition of works of art for said buildings, the remainder may be used for: (b) (1) Program administrative costs, insurance costs or for the repair and maintenance of any works of art acquired under this section; or (2) To supplement other appropriations for the acquisition of works of art under this section or to place works of art in, on, or near government facilities which have already been constructed. Definitions. For the purpose of this section, the following terms are hereby defined: (1) Works of art is defined as the application of skill and taste to production of tangible objects, according to aesthetic principles, including, but not limited to, paintings, sculptures, engravings, carvings, frescoes, mobiles, murals, collages, mosaics, statues, bas- reliefs, tapestries, photographs, lighting designs and drawings. (2) Construction cost is defined to include architectural and engineering fees, site work, and contingency allowances. It does not include land acquisition or subsequent changes to the construction contract. All construction costs shall be calculated as of the date the contract is executed. Art -In -Public -Places Board. There shall be an Art -in -Public -Places Board to administer the program. (a) Purpose. The Art -in -Public -Places Board shall act in the public interest upon all matters relating to the program and shall support the program's goals and objectives. The Board's responsibilities include recommendations to the Village Council for the selection, maintenance, planning, and curating of all works of art acquired by the Village. The Board's responsibilities also include the selection, maintenance, planning, and public education regarding and curating of all works of art to be loaned to the Village. (1) Membership; qualifications. The Board shall be composed of seven (7) members appointed by the Mayor, with the approval of the Council, as provided by the Charter, at section 2.02. Each Board member shall be appointed to a term of two (2) years, more or less, commencing the first Tuesday after the first Monday of November of each odd -numbered year, except for the initial Board, the membership of which shall be appointed and approved as prescribed by the Village Charter, commencing promptly after the effective date of this Ordinance. If a vacancy occurs prior to the expiration of a Board member's term, another appointment shall be made to fill the vacancy. Each Board member must be knowledgeable in public art, must be a resident of the Village, and may not operate, own or be employed by any art dealer, art gallery, artists' representative, museum or other entity which derives income from the sale or display of art work. 2 Term of office. No Board member shall serve more than eight (8) consecutive years on the Board. Nothing shall prohibit any individual from being reappointed to the Board after a hiatus of two (2) years. (3) Duties. The Board shall prepare written guidelines for curatorial purposes of acquired works of art and loaned works of art. The written guidelines shall not be effective unless and until approved by the Village Council. In accordance with the written guidelines, the Board shall recommend to the Village Council which works of art should be acquired by the Village. In accordance with the written guidelines, the Board shall select which works of art or exhibits of works of art shall be loaned temporarily to the Village. Selections of works of art. All acquisitions will be in accordance with the written guidelines approved by the Village Council. The Village Manager will negotiate and execute appropriate contracts to acquire each approved work of art. Funds may be aggregated to acquire works of art. (1) Selection criteria. In the selection process for acquired works of art, the following principles shall be observed: a. Works of art shall be located in areas where residents and visitors live and congregate and shall be highly accessible and visible. b. The Board and the Village Council should consider the inherently intrusive nature of public art on the lives of those frequenting public places. With respect to acquired works of art, artworks reflecting enduring artistic concepts, not transitory ones, should be sought. Recommendations by the Board and selections by the Village Council must reflect the cultural and ethnic diversity of the Village without deviation from a standard of excellence. d. Selections of acquired works of art shall also take into account appropriateness to the site, permanence of the work in light of environmental conditions at the site, maintenance requirements, quality of the work, likelihood that the artist can successfully complete the work within the available funding, diversity of works already acquired by the Village, diversity of the artists whose work has been acquired by the Village. Written guidelines. The Board shall recommend and the Village Council shall adopt and publish in the Village Council Agenda uniform written guidelines to govern the manner and method of submission of proposed works of art for acquisition by the Village. The Board shall recommend and the Village Council shall adopt and publish in the Village Council Agenda uniform written guidelines to govern the manner and method of submission of works of art for temporary display by the Village in public spaces owned by the Village, which artworks shall be loaned to the Village from such sources as may loan these artworks to the Village without charge. Purchases or works of art shall be approved by the Village Council. Loans of works of art shall be approved by the Board. Ownership and Upkeep. With respect to both acquired works of art and works of art temporarily loaned to the Village, the Art -in -Public -Places Board is charged with making recommendations to the Village Council regarding the custody, supervision, maintenance and: preservation of works of art. Personnel. The Village Manager shall provide adequate and competent clerical and administrative support as may be reasonably required by the Board for theproper performance of its duties, subject to budget limitations, Section 2. 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 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 -beheld to be nvalid 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 ading. PASSED AND ADOPTED on first reading this 13th day of November, 2001. PASSED AND ADOPTED on second reading this 27th day of November, 2001 A H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND T FGAL S RICHARD JAY WEISS, VILLAGE ATTORNEY 103001\ordinances\art in public places 5 OR JOE I. RASCO