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Home My Public Portal About2001-12 Amending the Village Code Taxation re the term DebtORDINANCE 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 strikcthretrgr. 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 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 23rd day of October 2001. PASSED AND ADOPTED on second reading this 13th : day of, Novc,mber , 200 P. CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFFIC khiN RICHARD JAY WEISS, VJ.AGE ATTORNEY 2 - VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK r • 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: 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 Legai Holidays) newspaper, published at Miami in Mian -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 - -, com i' refund for the purpose of securing thi- adverti blication in the said newspaper. Swom to and su O.V. FERBEYRE personally known 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 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 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 IS SUBJECT TO THE RESTRICTIONS OF THE DEBT LIMIT ORDINANCE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR 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 with the Americans With DisabilitiesAct 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 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 relative to this matter may be submit- ted in writing and or presented in person at the public hearing._ OFFICIAL «OI'ARYSEAL 1 1 IAN'ETT LLERENA NOTARY PLTBLIC STATE OF FLORIDA to meOMMIS3ION NO. CC 912958 MY COMMISSION EXP. JUNE 23,2004 Conchita H. Alvarez, CMC Village ,Clerk 01-4-23/210009M