Loading...
HomeMy Public PortalAbout2002 AllORDINANCE NO. 2002-11 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $ 9,987,551 OF CAPITAL IMPROVEMENT REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village Council (the "Council") of the Village of Key Biscayne, Florida (the "Village") desires to authorize the issuance of not exceeding $ 9,987,551 Capital Improvement Revenue Bonds (the "Bonds") or bond anticipation notes (the "Notes") for the purpose of financing a portion of the costs of construction and equipping of a community center, including a parking garage and swimming pool, financing architectural, engineering, environmental, legal and other planning costs related thereto, and paying costs of issuance of the Bonds or Notes; and WHEREAS, the Council desires that the Bonds or Notes be secured by legally available non - ad valorem revenues of the Village, as further specified by subsequent resolution of the Council. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. In accordance with the provisions of the Charter of the Village of Key Biscayne, Florida and Chapter 166, Florida Statutes, there are hereby authorized to be issued Capital Improvement Revenue Bonds (or Bond Anticipation Notes) of the Village, in an aggregate principal amount not to exceed $ 9,987,551, in one or more series, for the purpose of financing a portion of the costs of construction and equipping of a community center, including a parking garage and swimming pool, financing architectural, engineering, environmental and other planning costs related thereto, and paying costs of issuance of the Bonds or Notes. If Bonds are issued they shall be designated "Village of Key Biscayne, Florida Capital Improvement Revenue Bonds" (with appropriate series designation), or such other designation as may be approved by supplemental resolution, shall be dated such date, shall be in such denominations, shall be stated to mature in such year or years not later than twenty (20) years from their date of issuance, shall bear interest from their dated date at a rate or rates not exceeding the maximum rate permitted by law at the time of issuance of the Bonds, shall be subject to redemption at the option of the Village at such times and prices, and shall have such other details, all as shall hereafter be determined by the Council by supplemental resolution. If Notes are issued, they shall be designated "Village of Key Biscayne, Florida Capital Improvement Revenue Bond Anticipation Notes"(with appropriate series designation), or such other designation as may be approved by supplemental resolution, shall be dated such date, shall be in such denominations, shall be stated to mature in such year or years not later than three (3) years from their date of issuance (not including any renewals or extensions of the Notes), shall bear interest from their dated date at a rate or rates not exceeding the maximum rate permitted by law at the time of !fC/013524.0006/M 1057226_1 _:LI issuance of the Notes, shall be subject to redemption at the option of the Village at such times and prices, and shall have such other details, all as shall hereafter be determined by the Council by supplemental resolution. The supplemental resolution maybe adopted, and the Bonds or Notes may be issued, at any time after the effective date of this Ordinance. Section. 2. The V illage Managerand the Finance Director are hereby authorized to negotiate with banks or other financial institutions for the purchase of the Bonds or Notes and with respect to the terms of the Bonds or Notes. The Village Attorney, Bond Counsel and the Financial Advisor tathe Village are hereby authorized to draft documents and to do all other things necessary to accomplish the issuance and sale of the Bonds, or Notes. Section 3.. reading. PASSED AND ADOPTED on first reading this, 8th day of October, 2002. PASSED AND ADOPTED on second reading this 22nd day of October, 2002. This Ordinance will become effective immediately upon adoption on second MAYOR JOE L RASCO 0 HITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS T r ORM AND; LEGAL SUFFICIE RICHARD J Y ' E . S,, VILLAGE ATTORNEY JDC/013524.0006/M1057226 1 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 OCTELMA V. FERBEYRE, who on oath says that he or 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 10/22/02 - ORD. AUTHORIZING ISSUANCE OF NOT EXCEEDING $9,987,551 ETC. in the XXXX Court, was published in saidnewspaper in the issues of 10/11/2002 Affiant further saysthat 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 he or she has neither paid nor promised any person, firm or corporation. any discount, rebate, commission or refund for the purpose of securin is advertisement for tion in the said newspa r. n (SEAL) OCTELMA V. FERBE HE personally known to me EXPIRES: March 4,2004 Balled 1hru Natary Pubic undenuitsrs VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the followingordinances will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held. on Tuesday, October 22, 2002 at 7:00 p.m., in the Council Chamber, located at. 560 Crandon Boulevard, Key Bisoayne, Ronda: AN ORDINANCE OF THE. VILLAGE OF. KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEED- ING $9,987,551 OF CAPITAL IMPROVEMENT REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;,„ PROVIDING FOR A. SUPPLEMENTAL RESOLUTION SET- TING FORTH THE DETAILS OF SAID BONDS; AND PROVID- ING AN EFFECTIVE DATE. A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE. VILLAGE COMMUNITY CENTER; AU- THORIZING AND PROVIDING FOR THE.. VILLAGE TO CON- STRUCT.AND EQUIP A COMMUNITY CENTER FOR THE VIL- LAGE; AUTHORIZING EXPENDITURE OF FUNDS; PROVID- ING FOR NOTICE OF ORDINANCE ADOPTION; PROVIDING FOR SEVERABILITY; PROVIDING 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 tothe proposed Ordinances. Any person wish- ing to address the Village Council on any item at this Public Heating; is. asked to registerwith the Village Clerk priortothat item being heard. In accordance with the Americans With Disabilities Act of 1990, all per- sons who are disabledand who need special accommodations to partici- pate in this proceeding because of that disability should contact the Office of the Village Clerk, 91 West .Mclntyre Street, Suite 203, Key Biscayne, Florida 33149,telephone number (305)365-5506, not later than two busi- ness dayspriortosuch 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. Conchita H. Alvarez, CMC Village Clerk 10/11 02-4-49/305008M -. ORDINANCE NO. 2002-10 A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE VILLAGE COMMUNITY CENTER; AUTHORIZING AND PROVIDING FOR THE VILLAGE TO CONSTRUCT AND EQUIP A COMMUNITY CENTER FOR THE VILLAGE; AUTHORIZING EXPENDITURE OF FUNDS; PROVIDING FOR NOTICE OF ORDINANCE ADOPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne (the "Village") desires to authorize and provide for the construction and equipping of a community center for the Village. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recital Adopted. That the recital stated above is hereby adopted and confirmed. Section 2. Capital Project Authorizing Ordinance. That pursuant to Village Charter Sec. 3.07(b), this Ordinance shall constitute a Capital Project Authorizing Ordinance. The Capital Project consists of the construction and equipping of the Village of Key Biscayne Community Center (the "Community Center") at a projected cost of approximately ( $ 9,987.551, )Dollars. Section 3. Community Center Authorized. A. That a Community Center of approximately 38,000 square feet of floor area, and additionally including a parking garage and swimming pool, is hereby authorized to be constructed and equipped by the Village as part of the Village Civic Center complex, at the Village property (the "Property") located at 85 W. McIntyre Street, which Property is further described on Exhibit "A," a copy of which is attached hereto and incorporated herein. The Community Center shall provide recreational facilities, programs, services and activities. B. That the Community Center shall be constructed in substantial conformity to the Community Center Site Plan which was approved pursuant to Council Resolution No. R-2002-31, and any amendments thereto.. C. That the Village Council shall, by Resolution, enter into contracts for the construction and equipping of the Cotnmuhity Center fora guaranteed price which is consistent with this Ordinance. D. That the Village Manager is authorized to take all action necessary to implement this Ordinance, and is authorized to expend Village fund for the construction and equipping of the Community Center pursuant to Village budget appropriations; Section 4. Notice of Ordinance Adoption. That pursuant to Village Charter Sec. 4.03(9), following the passage of this Ordinanceon first reading, the Village Clerk shall provide notice of the date and time of the second reading ("Second Reading Notice"). The Second Reading Notice shall include a brief description of the Community Center project and its cost and shall be published in a ddition to and contemporaneously with notices regularly published for second readings of ordinances. The published notice shall be in substantially the form attached hereto as Exhibit "B." Further, the Village Clerk shall provide for each Village elector to be sent a.Second Reading Notice. by postcard. The postcard notice shall be in substantially the form attached hereto as Exhibit "C." Any action taken by the Council on this Ordinance shall not be voided by the failure of an individual Village elector to receive a Second Reading Notice postcard. Section 5. 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 be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, 2 sentences, c buses, and p hrases o f t his Ordinance b ut they s hall r emain in e ffect, i t b eing the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 6. Effective Date. That this Ordinance shall be effective upon adoption on second reading. PASSED AND ADOP I'ED on first reading this 8th day of October, 2002. PASSED AND ADOPTED on second reading this 22nd day of October, 2002 HITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AS T I FORM AND LEGAL SUFFI SS, VIL E ATTORNEY 103001\ordinances \authorizing construction of community center 3 MAYOR JOE I. RASCO EXHIBIT "A" (Legal Description of 85 W. McIntyre Street) TRACT "B" OF SUNTRUST KEY BISCAYNE, according to the Plat thereof, as recorded in Plat Book 157 at Page 75 of the Public Records of Miami -Dade County, Florida 4 EXHIBIT "B" PUBLIC NOTICE Pursuant to Village of Key Biscayne Charter Section 4.03(9), notice is hereby provided that on Tuesday, October 22, 2002, at 7:00 p.m., in the Village Council Chamber, at 560 Crandon Boulevard, Key Biscayne, FL, a public hearing on the second and final reading of an ordinance concerning the Community Center capital project shall be heard by the Village Council, as follows: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE VILLAGE COMMUNITY CENTER; AUTHORIZING AND PROVIDING FOR THE VILLAGE TO CONSTRUCT AND EQUIP A; COMMUNITY CENTER FOR THE VILLAGE; AUTHORIZING EXPENDITURE OF FUNDS; PROVIDING FOR NOTICE OF ORDINANCE ADOPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Capital Project: The Village of Key Biscayne Community Center is proposed to be constructed and equipped as a building of approximately 38,000 sq. ft., to be situated as a part ofthe Village Civic Center complex, at 85 W. McIntyre Street, Key Biscayne, FL L The Community Center shall also include a parking garage and a swimming pool. The Community Center shall provide recreational facilities, programs, services and activities. Cost: The projected cost of the Community Center is approximately $ 9,987,551. However, at the public hearing, the Council may reduce the projected cost. This notice is published in addition to and contemporaneously with notices regularly published for second readings of ordinances. For any question on this item, please contact the Village Clerk at 305-365-5506. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participatein this proceeding because of that disability should contact the office of the Village Clerk, 85 W. McIntyre Street, Key Biscayne, FL 33149, telephone number 305-365-5506, not later than two (2) business days prior to such proceedings. If a person decides to appeal any decision made by the Village Council with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). 5 LI EXHIBIT "C" PUBLIC NOTICE (Postcard to Electors) Pursuant to Village of Key Biscayne Charter Section 4.03(9), notice is hereby provided that on Tuesday. October 22, 2002. at 7:00 p.m., in the Village Council. Chamber, at 560 Crandon Boulevard. Key Biscayne; FL. a public hearing on the second and final reading of a Capital Project Authorizing Ordinance for the Cpmn on ly Center shail be heard by' % the Village Council. Capital Project: The Vill!age`of Key Biscayne Community Center, is proposed to be constructed and equipped asa buildingo f approximately 38,000 sq. ftto be"=situated as a part of the Village Civic. Center complex, at,85 W, McIntyre Street, Keyl3iscayne, FL The Community Center shall also include a parking garage and „a, swimming pool. The Conuti pity%Center shall provide recreational'facilities,-pxograms,,seryices and,activities_ Cost: The projected cost of the Community Center is approximately $ 9,987,551. However, at the public hearing,:, the Council may reduce the projected eosL For any question on this item, please contact the Village Clerk at 3051165-5506. If a person decides to appeal any decision made by the Village Council with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure thata verbatim record of the proceedings is made, which recordincludes the testimony and evidence upon which the appeal is to be based (F. S. 286.0105). 11 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 he or 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 10/22/02 - ORD. AUTHORIZING ISSUANCE OF NOT EXCEEDING *987,551 ETC. in the XXXX Court, was published in said newspaper in the issues of 10/11/2002 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 mall 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 he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commissi• , or refund for the purpose of securing this ertise. - t for ublication in the said. OFFICIAL NOTARY SEAL O.V. FERBEYRE pers -„r„ JANET('LLERENA . TATS OFFLORIDA COMMISSION NO. CC 912958 MY COMMISSION EXP. JUNE 23,2004 MeMiami Hera ..eINUOVONerald www.herald.com. www.elherald.com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA' COUNTY OF DADE Before the undersigned authority personal appeared: OLGA L. ARCIA who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald,'a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: Oci-obv 12, 2.002 Affiant further says that the said The Miami Herald. is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has • heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, m said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refiind for the purpose of securing this advertisement for publication in the said newspapers(s). Sworn to-jd subscribed before me this (7 day of r i 1' ; 2003 My Commission Expires: cc D 0 9 LL ORDINANCE NO. 2002-9 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 28 "TAXATION," AT ARTICLE II "OCCUPATIONAL LICENSE TAX," BY AMENDING SECTION 25-31 "OCCUPATIONAL LICENSE TAX SCHEDULE," TO PROVIDE FOR A 5% INCREASE IN THE OCCUPATIONAL LICENSE TAX SCHEDULE FOR ALL BUSINESSES, OCCUPATIONS OR PROFESSIONS LISTED IN THE SCHEDULE, AND TO PROVIDE FOR A REDUCTION IN THE CATCH ALL PROVISION WHICH IS APPLICABLE T 0 A NY B USINESS N OT LISTED I N T HE SCHEDULE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village Council finds that it is necessary and appropriate to amend the Occupational License Tax Schedule as provided herein. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS? Section 1. Village Code Amended. That the Village Code of the Village of Key Biscayne is hereby amended by amending Section 25-31 "Occupational License Tax Schedule" of Article II "Occupational License Tax" of Chapter 25 "Taxation," to read as follows: Section 25-31. Occupational License Tax Schedule. Taxes for the following Businesses, occupations or professions are hereby levied and imposed as follows: Advertising space renters, per space $ 3.75 Amusement, game or recreational device (not otherwise licensed by some other law of this State), per device 18.75 / Proposed additions to existing code text are indicated by underline- proposed deletions to existing code text are indicated by Cafes, restaurants and other eating establishments: (1) 0-30 seats $ 37.50 (2) 31-74 seats 75.00 (3) 75-149 seats 112.50 (4) 150 or more seats 150.00 (5) 'Drive-in restaurants where customers areserved while seated in their cars shall pay a Tax of $75.00. The Tax required by this subsection shall be imaddition,to the Tax required in subsections (1) (hrrugh (4). Contractors, subcontractors or journeymen (principals shall be; deemed employees): (1) 1-10 employees 22.50 (2) 11-20 employees 45.00 (3) 21-30 employees 67.50 (4) 31-40 employees 90.00 (5) 41-50 employees 112.50 (6) 51-100 employees 281.25 (7) 101-150 employees 421.85 (8) 151-200. employees...._...... 562.50 (9) 201 or more employees 585.90 Dancehalls or places where entertainment is provided for a charge 28125 One night only 187.50 Financial institutions, which shall include insurance companies, banks, bankers, trust companies, savings companies, building and loan associations, and savings and loan associations and other financial institutions which are regulated by State or federal law...... ......... .... .... .... .... .......... ..... ..... .._.......... :....,.. . 150.00 2 0 0 fi Hotels, motels and apartment hotels (for the purpose of determining the number of rooms, every room that can be leased or rented shall be included): Per room 1.85 Minimum Tax 18.75 Intangible or tangible personal property (every Person engaged In the business of trading, bartering, serving, buying, lending or selling intangible or tangible personal property, whether as owner, agent, broker or otherwise) Liquefied petroleum gas, dealers and installers: 93.75 (1) Installation of equipment to be used with liquefied petroleum gas 62.50 (2) Dealer in liquefied petroleum gas, in appliances and equipment for use of such gas and in the installation of appliances and equipment 15625 Manufacturing and/or processing (principals shall be deemed employees): (1) 1-10 employees 37.50 (2) 11-20 employees 75.00 (3) 21-30 employees 112.50 (4) 31-40 employees 150.00 (5) 41-50 employees 225.00 (6) 51 or more employees 281.25 Professional License (every Person engaged in the -practice of any profession who offers services for consideration, whether or not such endeavor is regulated by law) 37.50 Professional management 37.50 3 Retailer, retail stores (includes every person or Business engaged in the Business of selling tangible personal property to consumers or to any Person for any purpose other than for resale) 37.50 Schools, colleges or other educational or training institution for-profit 37.50 Service Business (every Person engaged in Business as owner, agent or otherwise who performs some service in return for consideration principals shall he, deemed employees)., (1) 1-5 employees 27.50 (2) 6-10 employees 67.50 (3) 11-15 employees 100.00 (4) 16-20 employees . 140.00 (5) 21 or more employees 187.50 Title insurance companies 93.75 Theaters, per theater ..-- 37.50 Vending machines: (1) Merchandise or service vending machines, per machine.... 22.50 (2) Merchandise vending machines at locations for which a License has been obtained pursuant to this article, per machine 7.50 (3) Laundry equipment, per machine 1.85 (4) Coin -operated radio, television, vibrating mattresses and similar devices installed in Businesses providing housing accommodations for the traveling public: a. Per Business 26.25 b. Plus $0.75 per device. (5) All vending machine operators shall pay a tax of $187.50 per operator for the privilege of engaging in such Business, plus an additional $1.85 per machine. Any Business not listed in this section shall pay a Tax for each place of Business in the amount of$281.25 $100.00 (c) Effective for and from the License period commencing on October 1 2002, e ach T ax amount s et forth above s hall b e i ncreased b y five (5%) percent. Further, pursuant to Section 205.0535(4), Florida Statutes, which allows biennial review, the Council may again review and revise the Tax rates in 2004 for the License period commencing on October 1, 2004. 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. Savings. Occupational license taxes which were due and owing prior to the Code amendment made by this Ordinance, shall continue to be due and owing at the tax rate which existed immediately prior to such amendment, until fully paid. Section 5. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 24th day of September, 2002. PASSED AND ADOPTED on second reading this 8th day of October, 2002. - 5 idayse9 MAYOR JOE I. RASCO ITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE RICHARD JAY WEISS, VILLAGE ATTORNEY 103001\ordinances\5% increase in occupational license tax 6 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 he or 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; thatthe attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING -OCTOBER 8, 2002 in the XXXX Court, was published in said newspaper in the issues of 09/26/2002 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 he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this dvertise n publication in the said newspaper. (SEAL) O.V. FERBEYRE personal MARIA1. MESA MY COMMISSION 4 CO 885640 fame EXPIRES: Marco 4, 2004 ' BondedThai Notary Pubile undemrilers VILLAGE OF ICEY 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 -meeting to be held on Tuesday, October 8, 2002 at 7:00 pm., 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 THEVILLAGECODE BY AMENDING CHAPTER.28TAXATION,'. AT ARTICLE 11 'OCCUPATIONAL LICENSE TAX; BY AMENDING SECTION, 25-31 "OCCUPATIONAL LICENSE TAX SCHEDULE,' TO PROVIDE FORA 5%INCREASE IN THE OCCUPATIONAL LICENSETAX SCHEDULE FOR ALLIBUSINESSES,OCCUPATIONS OR PROFESSIONS LISTED IN. THE SCHEDULE,AND TO PRO VIDE FOR A:REDt1CTION lf,4 THE CATCHALL WHICH IS APPLICABLE TO ANY BUSINESS. NOT LISTED IN THE SCHEDULE; PROVIDING FOR SEVERABILITY; PROVID- ING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE: The proposed Ordinance may be inspected by the public at the 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 Hearing is asked to. registerwith 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 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 than two busi- ness days pnorto such pmceedtng 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 isrnade including all testimony and evidence upon -Which any appeal may be based" (F.S. 286.0105)..';Comments of any interested parry relative to this matter maybe submit- ted in writing and or presented in person at the public hearing. - - - Conchita H.Alvarez,CMC - - Village Clerk 9/26. - :: 02-4-98/300881M MIAMI DAILY BUSINESS REVIEW Published Dairy except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Honda STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared OCTELMA V FERBEYRE,.who on' bath says that he or she is the, SUPERVISOR, Legal Notices of the Miami Daly Business Review Ma 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 - OCTOBER 8, 2002 in the XXXX Court, was published in said newspaper in the issues of 09/26/2002 Affiant further says that the said Miami Daily Business Reviewis 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 he or she has _neither paid nor promised any person, fine or corporation any discount, rebate, commission or refund for the purpose of securing tfjt' advertisement for�pub1 ation in the said newspape$ (SEAL) OCTELMA V. MARIA l: MESA MY COMMISSION 0 CC 885840 Ff Pe i' A(d8!Fi fo[60B t �$• Banded TM1m Waal PubActlnrfir+aA-.+a. VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUWLIC 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 meeting to be held on Tuesday, October 8, 2002 at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida:. AN ORDINANCE OF THE VILLAGE. OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 28 "TAXATION," AT ARTICLE 11 "OCCUPATIONAL LICENSE TAX," BY AMENDING SECTION 25-31 "OCCUPATIONAL LICENSE TAX SCHEDULE,' TO PROVIDE FOR A 5% INCREASE IN THE OCCUPATIONALLICENSETAX SCHEDULE FOR ALL BUSINESSES, OCCUPATIONS OR PROFESSIONS LISTED IN THE SCHEDULE, AND TO PRO- VIDE FOR A REDUCTION IN THE CATCH ALL PROVISION WHICH IS APPLICABLE TO ANY BUSINESS NOT LISTED IN THE SCHEDULE; PROVIDING FOR SEVERABILITY; PROVID- ING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. The proposed Ordinance may be inspected by the public attheOffice of the Village Cleric 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 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- sonswho aredisabled 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 iwobusik ' tress days pnortosuet, 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- tedin writing and or presented in person at the publicheanng. Conchita H. Alvarez,CMC Village Clerk 9/26 02-4-9883300881 M ORDINANCE NO. 2002-8 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2003 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, 2002 and the Village Council scheduled the public hearing required by Section 200.065(2)(c) of the Florida Statutes to be on September 10, 2002 at 7:00 p.m.; and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 10, 2002, 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 10, 2002, 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, 2002, through September 30, 2003, was held, as advertised, on Tuesday, September 24, 2002, 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, 2002, are hereby approved and adopted. Section 2. This ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on the first reading this 10th day of September , 2002. PASSED AND ADOPTED on the second reading this 24th APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A SP CHITA H, ALVAREZ, CMC, VILLAGE RICHARD JAY WEISS, VILLAGE ATTORNEY -2- day of September, 2002. 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 he or 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 - PUBLIC HEARING - 9/10/02 ORD. ADOPTING THE BUDGETS FOR THE FISCAL YEAR, ETC. in the XXXX Court, was published in said newspaper in the issues of 09/06/2002 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 he or she has neither paid nor promised any person, firm or corporation any discount, rebat- ommi :"•n • refund for the purpose of securing this - . ertis y7 nt for p •lication inthe said newspaper. (SEAL) O.V. FERBEYRE pe so-aalhy'kstown to rn MESA i h;r I' Q,880040 21)04 Urctnvriters ay: tt- VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE The Village of Key Biscayne proposes to adoptthefollowing Ordinance: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ADOPTING THE BUDGETS FOR THE. FISCAL. YEAR "COMMENCING OCTOBER 1, 2002 THROUGH SEP- TEMBER 30, 2003 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE A Public Hearing °tithe first reading of this proposed Ordinance has been scheduled by the Viilage Council for Tuesday, September 10, 2002 at7:00-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 Tuesday, September 24, 2002 at 7:00 p.m. in the Village Council Chamber .on the second floor at 85 West McIntyre Street, Key Bi- scayne, Florida Interested parties are invited to appear and be heard. Acopy of the pro-'. posed ordinance maybe obtained at Village Nall, Officeofthe Village. Clerk, 91 West McIntyre Street, Suite203, Key Biscayne, Florida 33149.; Should any person desire to appeal any decision of the Village Council with respect to any matter to be cdnsidered at this meeting, that person shall insure that averbatim record of the proceedingsismade including all testimony and evidence upon which any appeal ,may be based (F.S. 286.0105).. 916 Conchita H. Alvarez, CMC Village Clerk - - 02-3-70/295191M. 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 he or she is the SUPERVISOR, Legal Notices of the Miami. Daly 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 - PUBLIC HEARING -9/10/02 ORD. ADOPTING THE. BUDGETS FOR THE FISCAL YEAR, ETC. in. the XXXX Court, was published in said newspaper in the issues of 09/06/2002 Affiantfurther says that the Raid Miami Daily Business Reviewis 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 enteredas 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 he or she has neither paid nor promised any person, fine or corporation any discount,rebate, commission or refund for the purpose of securing sadvertisement f• - .ubli.ation in the said newspa Sw 06 (SEAL) didepliz and subscribed b -fore me this SEPT: MB=.4� OCTELMA V. FERBEYRE personally 002 rt.". VILLAGE OF KEY BISCAYNE- OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE The Villageof 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, 2002 THROUGH SEP- TEMBER 30, 2003 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. A Public. Hearing on the first reading of this proposed Ordinance has been scheduled by the Village Council for Tuesday, September 10, 2002 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 Tuesday, September 24, 2002 at 7:00 p.m. in the Village Council Chamber on the second floor at 85 West McIntyre Street, Key Bi- scayne, Florida. 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 91 West McIntyre Street, Suite 203, 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 averbatim record of the proceedings is made including all testimonyand evidence upon which any appeal may be based. (F:S. 2866.0105). 9/6 MARIA f. MESA MY COMMISSION # CC 885640 EXPIRES: March 4, 2004 Bonded ThN Notary Pablic Undemmmars Conchita H. Alvarez, CMC Village Clerk 02-3-70/295191M ORDINANCE NO. 2002-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 28 "RETIREMENT," BY AMENDING SECTION 23-38 "DISABILITY," TO PROVIDE ENHANCED DISABILITY RETIREMENT BENEFITS FOR PLAN MEMBERS INJURED IN THE LINE OF DUTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Retirement Plan (the "Plan") for the Village's police officers and firefighters has provisions providing for comprehensive benefits in case of disability of police officers or firefighters; and WHEREAS, at a cost of approximately Thirty Nine Thousand Four Hundred Seventy Five Dollars ($39,475) annually, the Village of Key Biscayne (the "Village") previously provided a limited form of disability insurance for police and firefighters; and WHEREAS, representatives of the members of the Plan have requested that the Village provide assistance to the Plan for purposes of increasing the disability benefit of the Plan from the present 42% of average final pay to 70% of average final pay ("AFP") for Line of Duty ("LOD") Disability and from the present 25% AFP to 50% AFP for non LOD Disability (with a reduction in qualifying years of service)for police officers and firefighters, and has further requested additional funds of approximately Thirty One Thousand Eight Hundred Fifty Seven Dollars ($31,857) so as to fully cover the annual cost of the Plan's increased disability benefit at a total cost of approximately Seventy One Thousand Three Hundred Thirty Two Dollars ($71,332); and WHEREAS, the Village Council finds that, as an enhanced replacement for disability insurance, it desires to provide funding for the disability benefit of the Plan commencing September 1, 2002. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE PILLAGE OF KEY BISCAYNE, FLORIDA, THAT: Section 1. The above recitals are true and correct and, incorporated herein by this reference. Section 2. The Village Code of the Village of Key Biscayne, Florida is hereby amended by amending Chapter 23 "Retirement; at Section 23-38 "Disability," to read as follows:' Section 23-38. Disability. (a) Disability Benefits On -Duty. Each Member who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render usefixl and efficient service as a Police Officer or Firefighter which disability was directly caused bythe performance of his duty as a Police Officer or Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to his accrued pension benefit as of the date of disability, but not less than 70 percent of his or her average monthly salary at time of disability. Such accrued pension shall be payable at his otherwise early or normal retirementdate. Any condition or impairment of health of a Member caused by tuberculosis, hypertension, heart disease, or hardening of the arteries shall be presumed to have been suffered in line of duty unless the contrary is shown by competent evidence, provided that such Member shall have successfully passed a physical examination upon' entering into such service, including cardiogram, which examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. (b) Disability Benefits Off -Duty. Each Member with five (5) years or more of Credited Service who shall become totally and permanently disabled to the extent 'that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer or Firefighter which disability is not directly caused by the performance of his duties as a Police Officer or Firefighter shall, upon establishing the same to the Additions to existing text are indicated by underline- deletions are indicated by sh;lcduousl.. 1 103001brdinances'enhanced dt-..ility retirement benefits satisfaction of the Board, be entitled to his accrued pension benefit as of the date of disability, but not less than 50 percent of his or her average monthly salary at time of disability. Such accrued pension shall be payable at his otherwise early or normal retirement date, 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 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 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. Effective Date. Following adoption on second reading, this Ordinance shall take effect on October 1, 2002. PASSED AND ADOPTED on first reading this 2nd day of July , 2002, PASSED AND ADOPTED on second reading this 27th day of 2002. MAYOR JOE RASCO CHITA H. ALVAREZ, CMC, VILLAGE CL OR APPROVED AST • FIRM AND LEGAL SUFFICIENCY: Wits ATTORNEY 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 he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review#/k/a Miarni 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 - 8/27/02 ORD. AMENDING CHAPTER 28 "RETIREMENT", ETC. in the XXXX Court, was published in said newspaper in the issues of .08/1512002 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 ofthe attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount rebate, commissio .r refund for the purpose of securin t is advertise me orp lication in the said news (SEAL) OCTELMA = �".- 7lis MARIALMESA MY COMMISSION # CC 885640 R S4atafx4y8®04; me • ThE ru Notary Public Undernnters VILLAGE 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 meeting to be held on Tuesday, August 27, 2002 at7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 28 °RETIREMENT," BY AMENDING SECTION 23- 38"DISABILITY,' TO PROVIDE ENHANCED DISABILITY RE- TIREMENT BENEFITS FOR PLAN MEMBERS INJURED IN THE LINE OF DUTY; PROVIDING FOR SEVERABILITY; PRO- VIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance 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 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 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, notllater 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 andevidence upon which any appeal may be based (FS. 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. Conchita H. Alvarez, CMC Village Clerk 8/15 02-4-40/283267M ORDINANCE NO. 2002-6 AN ORDINANCE OF TILE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-100f0(3) OF THE ZONING AND LAND DEVELOPMENT REGULATIONS RELATING TO THE MAXIMUM PROJECTION OF DOCKS AND RELATED MARINE STRUCTURES INTO VILLAGE WATERWAYS AND BISCAYNE BAY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, PENALTY, - AND AN EFFECTIVE DATE. WHEREAS, the Zoning and Land Development Regulations provide for an amendment process; and WHEREAS, the proposed text amendment is consistent with the review criteria set forth in Section 30-71(b) of the Zoning and Land Development Regulations; and WHEREAS, the Regulations limit the maximum projection of docks and mooring piles into Village Waterways and Biscayne Bay for purposes of protecting the health, safety, and welfare of the Village; and WHEREAS, the Miami -Dade County Department of Environmental Resources Management regulates maximum projection of docks and mooring piles into Biscayne Bay for purposes of protecting the natural resources of these bodies of water, and WHEREAS, there are conflicts between the Village's and County regulations which prevent property owners along Biscayne Bay from having docks; and WHEREAS, the Local Planning Agency held a public hearing on May 28, 2002 and recommended that this ordinance be approved; and WHEREAS, the Building, Zoning, and Planning Department has recommended that this ordinance be approved; and WHEREAS, property owners along Biscayne Bay have a reasonable expectation that the regulatory agencies would permit docks that address the health, safety, and welfare of the Village and the protection of our natural resources. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1. That Section 30-100(0)(3) "Docks and Mooring Piles" of the Zoning and Land Development Regulations is hereby amended as follows: 1 Sec. 30-100(0(3) Docks and Mooring Piles. a., General Regulations. No Docking Facility within the single family districts in the Village of Key Biscayne shall be constructed without prior written approval by the. Village of Key Biscayne Building, Zoning and Planning Department. The Village reserves the right to deny such permit for any Docking Facility which is determined, under the criteria provided herein and by applicable law, to be detrimental to the equitable,• safe, and adequate navigation of all Waterways in the Village. 1. All Docks, davits, fenders, watercraft and mooring piles must be set back a minimum of ten (10) feet from each side property line extended. 2. No Mooring pile shall have a height exceeding 13 feet above NGVD (National Geodetic Vertical Datum) nor extend into the waterway a distance more than twenty-five (25) feet or 20% of thewaterway width at the point of extension, whichever is less. 3. All Docks and mooring piles shall be constructed in accordance with Section D - 5.03(2)a) of the Dade County Public Works Manual (see diagram below). All watercraft or any portion, thereof shall be docked or moored inside an area as depicted in the triangle diagramed below, and must be docked parallel to the bulkhead SIDE PROPERTY LINE 0 4. Mooring piles and Dolphins may not extend more than twenty (20) feet from a Dock. Mooring piles and Dolphins on Biscayne Bayshall not extend more than twenty-five (25) feet from the bulkhead. 5. No Dock shall extend from a bulkhead into any canal, lake, or waterway a distance greater than ten (10) feet, or 10% of the width of the waterway, whichever is less. Notwithstanding the foregoing, no Dock or Mooring pile chap extend into Biscayne Bay a distance of more than twenty-five (25) feet from the bulkhead. 2 6. Where the width of a waterway does not permit the placement of a Dock or outer Mooring pile, Fender Mooring piles may be placed at a distance not to exceed eighteen (18") inches from the bulkhead. 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. That this ordinance shall be become effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 28th day of May , 2002. PASSED AND ADOPTED on second reading this 18th day of un ST: A CO ' A IL ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY WEISS, VILLAGE ATTORNEY 3 MAYOR JOE I. RAS 0 ghe s iainiferata elNuevu#lerald www.herald.wm .: . ;>::www.elheraid.com PTIBLISID DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority pLisonatty' appeared: OLGA L. ARCIA who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miamian Dade County, Florida;; that the attached copy of advertisement was published in said newspaper in the issues of “w,) t1; 2DO2 Affiant further says that the said The Miami Heraid is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy ofadvertisement and atiiautfurther says that he has neither paid nor proniised any person, firm,,or corporation any;discount, rebate;, commissioner refund for the purpose of securing this advertisement for publication in the said newspapers(s). 4 Sworn td ubscribed before me this Ttiel day of ri i ,2003' My Commission Expires: 111 . wAmm+ m adam eq . YLL . ; 0 < 0� `0 ~off o = c4.1 .r. \; 7rs:0 Ft % B R 1 1 AN ORDINANCE OF I'HE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-197 "SUPPLEMENTAL REGULATIONS" OF CHAPTER 30 "ZONING AND LAND DEVELOPMENT REGULATIONS" OF : THE CODE OF ORDINANCES OF KEY BISCAYNE TO REGULATE SIGNAGE ON GOLF CARTS; AMENDING SECTION 30-11 REGARDING THE DEFINITION OF VEHICLE SIGN; AMENDING SECTION 26-23 OF CHAPTER 26 "TRAFFIC AND VEHICLES" TO ADD PARAGRAPH (C) REGARDING PARKING OF GOLF CARTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the regulation of signs on golf carts and golf cart parking is necessary for the public health, safety and welfare; and WHEREAS, on April 9, 2002, the Village Council, sitting as the Land Planning Agency, reviewed the proposed changes to the golf cart sign regulations of the Zoning and Land Development Regulations; and WHEREAS, the Village Council has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the proposed golf cart sign regulations are consistent with the Village of Key iscayne comprehensive plan. NOW, THEREFORE; BE IT .ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1. That Section 30-197, "Supplemental Regulations" of Chapter 30 "Zoning and Land Development Regulations is hereby amended to add the following paragraph (1). Signs on Golf Carts. u For purposes of this paragraph. a Golf Cart is defined as a motor vehicle designed and manufactured primarily for operation on a golf course forrportinu or recreationalpurposes as defined in Chapter 316.003(68). Florida Statutes. (Coding: Words in u..5lc type are deletions from existing law; words underscored are additions and words in shading are phanges made al first reading). MAMMY LI w Signs shall be attached to or painted on the vehicle and located below the roof a si per golf cart is permitted with a maximum size of two square fret. The sign shall not bey j illuminated. For a Golf Cart sign related to a commercial use, the business which is the subject of the sign shall have a Village of Key Biscayne Occupational License with an office located in a C-1 Light Intensity Commercial DistrictO-1 LowIntensityOffice District. or at a Hotel or Motel. Section 2. That Section 30-11, "Definitions" of Chapter 30 "Zoning and Land Development Regulations is hereby amended to amend the definition of Sign, Vehicle as follows: Sign, Vehicle. A sign affixed to or painted on a transportation vehicle, including automobiles, trucks, boats, Trailers, eolf carts and campers, for the purpose of identification or of advertising tithe commmercial use associated with the vehicle.; •Section 3. That Section 26-23 "Authorized Use" of Chapter 26 "Traffic and Vehicles" is hereby amended to add paragraph (c) as follows; (e) Gdlf carts that are intended to be leased for any amount of time or to be sold shall only be stored on property that has a Main Permitted Use of a Motel. Hotel. or a use involved in the retail sale of gasoline. The storage of the Golf Carts shall not occur within 10 feet of any property line that faces` a street. Golf Carts with signs shall be narked only in a C-1 Light Intensity commercial District. 0-1 Low Intensity Office District. or at a Hotel or Motel. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section,. sentence, clause o r phrase o f this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the aining°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 5. 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 6. 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 7. That this ordinance shall be in full force and effect upon adoption. PASSED AND ADOPTED on first reading this 23rd day of April, 2002. PASSED AND ADOPTED on second reading this 28th day of May, 2002_ �\ K AYO JOE I. RAS-CO CONCHITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD JAY WEISS, VILLAGE ATTORNEY 3 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 - MAY 28, 2002 ORDINANCE AMENDING SECTION 30-197, ETC. in the )000( Court, was published in said newspaper in the issues of 05/15/2002 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 colµnation any discount, rebate, commission or refund for the purpose of securing thig advertis n r publication in the said newspaper: (SEAL). ,."'" t,;ARt31ALMF.SA� a- =' iSSION!!'-�8i35540 O -V. FERBEYRE pers '§� HILIHarcf+erc4unda.t VILLAGE OF KEY BISCAYNE PUBUC NOTICE Notice is hereby given that the following ordnance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, May 28, 2002 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 SECTION 20-197 'SUPPLEMENTAL REGULATIONS' OF CHAPTER 30 'ZONING AND LAND DE- . VELOPMENT REGULATIONS' OF THE CODE OF ORDI- NANCES OF KEY BISCAYNE TO REGULATE SIGNAGE ON .'r=GOLF CARTS; AMENDING SECTION30-11 REGARDING THE - ')IEFINrON OF VEHICLE SIGN; AMENDING SECTION 26-23 t11OF CHAPTER-26'iRAFFIC AND VEHICLES' TO ADD PARA- GRAPH (C) REGARDING PARKING OF GOLF CARTS; PRO- VIDING FOR.SEVERABILUTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTIES, AND PROVID- - NNG AN EFFECTIVE DATE. The proposed Ordinance maybe inspected by the publie 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 wishing to address the Village Council on any item at this Public Hearingis asked to registerwith the Village Clerk priorto that itenfbeing heard. in accordance with the Americans With Disabilities Act of 1990, all per- sons who are disabled and who needspecial acbomrnodaiions to partici- pate in this proceeding because of that disability shouid contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne, Florida 33149, telephonenumber(305) 365-5506, not later than two bust - new daYalitioltosuch Proceec11119 - Should any person desire to appeal any decision of the Vitag-e Council with -respect to any matter to be considered at this Meeting -that person shalt insure that averbatim record of the proceedings isniade including all testimony and evidence upon" which any appeal may -be based'(F.S. Comments of anyyinterested parttyrelativetothis mattermay be submit- red inwnting and orpresented in person atthe public hearing. -02-4-16/26427218 ORDINANCE NO. 2002-4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE FOR THE PROPERTY LOCATED AT 88 W. MCINTYRE STREET AND 560 CRANDON BOULEVARD TO REFLECT ITS DESIGNATION AS GU GOVERNMENT USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE FOR THE PROPERTY LOCATED AT 85 W. MCINTYRE STREET TO REFLECT ITS DESIGNATION AS GU GOVERNMENT USE DISTRICT AND PROS PUBLIC RECREATION AND OPEN SPACE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; the property as described on Exhibit A, attached hereto, with the Post Office address of 560 Crandon Boulevard and 88 W. McIntyre Street,. Village of Key Biscayne, Florida was purchased by the Village on September 21, 2000, for use as the Village Administration/Police Building and Fire Station; and WHEREAS, the property as described on Exhibit B, attached hereto, with the Post Office address of 85 W. McIntyre Street, Village of Key Biscayne, Florida was purchased by the Village on October 29, 2001, for use as the Village Recreation Center, and WHEREAS, the Village Land Development Regulations provide at Section 30-102 that upon e ownership of land by a governmental entity, the zoning district designation shall automatically be changed to GU Governmental Use or PROS Public Recreation Open Space District in a manner consistent with the master plan; and WHEREAS, the Village desires that the Official Zoning Map of the Village reflect the zoning designation that is effective for the properties above described pursuant to the provisions of Section 30-102 of the Land Development Regulations; and WHEREAS, on March 19, 2002, the Village Council, sitting as the Land Planning Agency, reviewed the proposed changes to the Official Zoning Map and recommended approval to the Village Council; and WHEREAS, the Village County has held the required public hearings, duly noticed in accordance including Chapter 166, Fla. Stat., and the Village, Code, notwithstanding whether the Village, is obligated to comply with the notice requirements set forth for the adoption of ordinances changing the zoning of non -government owned property; and, WHEREAS, proper notice was given to affected property owners, who were afforded an opportunity to be heard; and WHEREAS, the designation of the aforesaid properties as GU and PROS is consistent with the master plan. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the recitals made above are hereby confirmed and adopted. Section 2. Official Zoning Map Designation for Exhibit A Property. That the Official Zoning Map of the Village of Key Biscayne shall be amended to reflect that the property as described on Exhibit A, attached hereto, with a Post Office address of 560 Crandon Boulevard and 88 W. McIntyre Street, Village of Key Biscayne, Florida is designated as GU Governmental Use District. The Village Manager shall cause the Official Zoning Map to be so marked Section 3. Official Zoning Map Designation for Exhibit B Property. That the Official Zoning Map of the Village of Key Biscayne shall be amended to reflect that the property as described on Exhibit B, attached hereto, with a Post Office address of 85 W. McIntyre Street, Village of Key 2 Biscayne, Florida is designated as GU Governmental Use District, less the North 25 ft. of the South 247.33 ft. of Tract 7, of "Matheson Estate", according to the Plat thereof as recorded in Plat Book 46, at page 86 of the Public Records of Miami -Dade County, Florida, which property shall be designated on The Official Zoning Map as PROS Public Recreation and Open Space District. The Village Manager shall cause the Official Zoning Map to be so marked. Section 4. 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 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 5. Effective Date of Ordinance. That this Ordinance shall become effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 19th day of March, 2002. PASSED AND ADOPTED on second reading this 9th day of April, 2002. CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC RICHARD JAY WEISS, VILLAGE ATTORNEY 103001bNinancesbfficial zoning map GU and PROS district 2d rding 3 EXHIBIT "A" Legal Description of Parcels 1 and 2 PARCEL 1 A portion of Tract 4. 'MATHESON ESTATE KEY BISCAYNE', according to the plat thereof, as recorded in Nat Book 34 at Page 34. of the Public Records of Dade County, Florida, being more particularly described as follows: Begin at the Intersection of fiat South line of said Tract 4 of 'MATHESON ESTATE KEY BISCAYNE", with the Bast line of Fcmwood Road, as the same is shown on thc plat of 'TROPICAL ISLE HOMES SUBDIVISION', as recorded in Plat Book 50. at Page 64, of the Public Records of Miami -Dade County, Florida; thence. Northerly along the Fast lint of said Pcmwood Road, being also a eircnlar curve to the right having a radius of 166637 fat and a central angle of 06 degrees 59 minutes 56 seconds for an arc distaorc of 20355 feet to a point of compound curvature; thence Northeasterly and Easterly along a circular curve to the right having a radius of 25.00 feet and a central angle of 83 degrees 00 minutes 04 seconds for an arc distance of 36.22 feet to a point of tangency, the same being a point on t e South linr of West McInryre Start, as the came is shown on said plat of 'TROPICAL ISLE HOMES SUBDIVISION tenet due East along the South line of said West McIntyre Sweet for a distance of 168.46 feet to a point; thence South fox a distance of 225.03 feet, to a point on the South line of said Tract 4 of said "MATHESON ESTA1 b KEY BISCAYNE"; thence West along the South line of said Tract 4 of "MATHESON ESIA1 E KEY BISCAYNE" for 205.69 feet to the Point of Beginning lying and being in Section 5, Township 55 South, Range 42 East, Miami -Dade County, Florida. Folio No. 24-4232-001-0061 PARCEI- 2 A portion of Tract 4, "MATIE2SON ESTATE KEY BISCAYNE", according to the Plat thereof, as recorded in Plat Book 34 at Page 34, of the Public Records of Dade County, Florida, being more particularly described as follows: Begin at the intersection of the South tine of said Tract 4 of "MATHESON ESTATE KEY BISCAYNE", with rho West line of Crandon Boulevard., as same is shown on the Plat of `TROPICAL ISLE HOMES SUBDIVISION", as recorded in Plat Book 50 at Page 64. of the Public Records of Miami Dade County, Florida; thence Northerly along the West line of the aforesaid Crandon Boulevard and along a circular curve to the right having a radios of 126631 feet and a central angle of 08 degrees 54 Minutes 34 seconds for an arc distance of 196.92 feet to a point of rever>w curvature; ter. Northwesterly and Westerly along a circular curve to the kft having a radios 61 25_00 feet and a central angle of 98 degrees 54 minutes 34 seconch for an arc &pure of 43.16 feet to a point.. of tangency; theme due West along the South fine of West McIntyre Street, as the same is shown on the aforesaid plat of "TROPICAL ISLE HOMES SUBDIVISION", for a distant of .184.93 feet; thence south for 225.00 feet to a point on the South line of said Tract 4 of -MATHESON ESTATE KEY BISCAYNE"; thrnrc due East along the South line of said Tract 4 of 'MAU-IF-SON ESTATE KEY BISCAYNE` for a distance of 19435 feet to the Point, of Beginning, lying .and being in Seruan 5, Townchip 54 South Range 42 East, Llama -Dade County, Florida. EX TIBFT "B" TRACT "B" OF SUNl'RUST. KEY BISCAYNE, according to the Plat thereof, as recorded in Plat Book 157 at Page 75 of the Public Records of Miami -Dade County, Florida EXISTING OFFICIAL ZONING MAP 0 LICHT SITY OMMERCIAL C PROS • PUBANOLIC REOPEN CREATION I SII{ PLAN x r —'d o lo ito, 3-ROS P-ROS VILLAGE GREEN PARK 1 .14 GY I— 0.1t11.01.4 *nu PROPOSED OFFICIAL ZONING MAP GU = CQVEftN14ENT USE LIGHT INTE C•I COMMERCIALSITY P•RCS PUBLIC AND OPEN SPACE RECREATION C- Sin PAN 10 10 IIo U 25 D-ROS P-ROS VILLAGE GREEN PARK. X11 )00 < wp un ..,r. ... ,...... w.. . Int\00.01-uotnxc LOCATION MAP A PORTION OF SECTION 5.53-42 vRSJAB OF KEY➢ISCAYNE NIAi4DA.OE COUNTY. FLau r,a NOT TO SCALE SURVEYOR'S NOTES: 1) This is not o Boundary Survey, but only a GRAPHIC DEPICTION of the description shown hereon. 2) North orrow direction and Bearing shown hereon ore bosed on en assumed value of Due Cost along the centerline of West Mc Intire Street., es per Pict Book. 50, et Poge 64 of the Public Records of Dade County. Florida. 3) Not valid without the signature and the original raised seal of is Florida Licensed Surveyor and Moppet. Additions or deletions to survey mops or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. 4) There may be additional Restrictions not shown on this Sketch & Legal that may be found in the Public Records of this County, Exomination of ABSTRACT OF TITLE will hove to be made to determine recorded instruments, if any affecting this property. 5) The Sketch end Legal Description shown herein is based on the information provided by the Client_ 6) No Title reseorch hos been performed to determine if there ore any conflict existing or arising out of the creation of the easements, Right of Woys, Parcel Descriptions, or ony other type of encumbrances thot the herein described lege( may be utilized tor. SURVEYOR'S CERTIFICATE: I Hereby Certify to the best of my knowledge and belief that this drawing is o true end correct representation of the SKETCH AND LEGAL DESCRIPTION, of the real property described hereon. I further certify that this survey was prepared 177 accordance with the applicable provisions of Chapter 61G17-6 Florida Administrative Code. Ford, Annenteros & Manucy, Inc. Dote: MARCH 4, 2002. Revision 1: ordo Rodriguez, P.S.M, Professional Surveyor and Mopper State of Florida, Registration No. 5936 VILLAGE CIVIC CENTER — NORTHERLY PARCEL, FORD, ARMENTEROS 3 MANUCY.INC, 1950N.W. B4thAVENtlE, 2nd FLOOR MIAMI, FLORIDA 33172 PH. (305) 477-6472 FAX (305) 470.2305 P.M* 1O/113 SKETCH AND LEGAL DESCRIPTION LOCATION MAP AND SURVEYOR'S NOTES VILLAGE OF KEY BISCAYNE. RAoORJ� n.® 1 03-04-2002 NIA "'EC"' 00.037:4101 SCI a 3xm a etch 14 002 mcc aNTO m-0}-1' 4VOCOVt S1MxtW.StM t. LEGAL DESCRIP ION- The,'North 25.00 feet of "trte South, 247_33 feet of,, Tract 74, of "MA1 RESOnt ESTATE', occor0ing to,: the Plot thereof, as recordei i in Pfatr'800le 46, of Page,, 8S, of the-, Public Rccords ot:::?Azoviri-Dade. County loddc, ti. is Alt of the above described kind situated, befnc agct; lying The ' 1A'age• ;. of Key Biscayne jdiatrri-Dadet,� Cc'wfly F{orido, end contoinmg. RS1_�9"(•7.i6- Squo s feet cndjor 4,2.52 Pees rare er tess.: VILLAGE CIVIC CENTER - NORTHERLY PARCEL FORD,ARA7 FtiEROSEMANOCY,R�ICC. t95 iLw. 94mAVENUE 2nd ROOK:.. Mi 33172 PK (30305)O7A-647722 FAX (305) 470-2805 SKETCH AND LEGAL DESCRIPTION LErat. DESCRIPTION TO ACCOMPANY SKETCH '°` VILLAGE OF KEY BISCAYNE ••••••R-RODWGUF2 aw :0301.2002 I'a' "calves r,.m wa MW h wot0 D6d17-11M 3sms N g CEVD r CV,r ASANZ a 00.431 .$01 ti / / 11-f9 / / isk /�/ J n m m la / r 7 ezte w k4, SOUTH ONE TRACT 7 cP. O.46, PC66) 40 PORTION OF T RACT 7 MATHESON ESTATE (PL AT E 00K 46, PAGE 06) RRCNM LINE CF ME <.WT 217.37 Fat CF T$1C7 7 (P.3.46 , POEN) T 1 135.66 JM U 4( CF MC NORTH 2SW FEET Or IRE SOUTH 547 .37 Ertl Or TRACI 7 (P ,6 .16, P6.86) PORTION OF TR ACT 7 MATHESON ES TATE (PLAT OCOK 4 6, PAGE 86) GRAPHIC SCALE 10 60 Ito ( IN FEE'➢ ) 1 inch 44 OE) fL / / / N OR TH / Ehe Blind Uferata el Nuevo Herald www.herald.com wwwelherald.com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: OLGA L. ARCIA who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of NC�Ych , 2002. Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published m said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, m said Dade County, Florida, for a period of one year next preceding the fast publication of the attached copy of advertisement, and affiant further says that he has neither paid nor promised any person, firm or corporation anydiscount, rebate, commission or refund for the purpose of' securing,, this advertisement for publication in the said newspapers(s). Swotp,tq aid subscribed before me thi day of Yi 2003 My Commission Expires: otary ,ti TOOM0V.Mhma a,8@ The Herald 58 a little time. a little sweat. a little love. a lot to do. Sadly, thousands of families live in poverty housing in Miami-Dade.County alone. Habitat for Humanity - through donations of funds and volunteer labor-offffers a hand up, not aliaadoot to poor families in need ofa safe, decent place to live. Help us make a difference - one house, one family ar a time. Habifatfor Humanityof Greater Miami 'ammeinf ration about leaatae (baking mad, a6 305670-2224 or tit Us at WWwailassillabitatarg PobliesvH¢AtOoukwdrThehE i Huuld re ce- Hire Ground TOR to Employment ads in careerbuilder` in The Healal d r;A orlinr at mimbi.carkarerealimilder To subscribe to The Herald call: 1.000.441.0444 PAINTS -COATINGS WHOLESALE SaM4T PNXT Fan AV Restaurateur vs: Restaurant Critic arm M nuffi 800m. le the maksth,amdkrtome mddwara9m:pdaw,,. Nth .Gn._ n.k mbeek♦ ,_ What art the — PumaNthAaaYbigsewing A ualecw.na WGs bn&n4 Whets. to he.1. ymWna ...nepotists wahkSvak -MMO nm paws meta. k88fnnfeaa(L.64( Mar UV _GB Ball's tt a come. rd D.,8 mem., MFs Geld . they challenge New Mk as Wars mw Emus moat ales Je Kama _DC Wn Mats raft td08to no ANwvmt Mgt Mdmmd q Name DhWeb6YAmhmniYbhNm South ear 5 Wine & Food Festiv& illarch 15.I a-17 VII I MW OFKEY BISCAYNE Office of the Mnge Clot-, NOME OF HEARINGOP In AL p,ANNB4OAGENCY AND. NOTICE OPADOPIIUN OFORpaiAH(SwS14ETPSPADINO me. woe mnod omevuise area bolas PSOrheat m1m8w Mm30.200200 B Tk. Melogre Seat semi Hun. ny aita,S&klmi..8 w,i(at mter'dhgacmeal's Oe Wlhylog. a.o, .TUR�OPINCI�AL ZONI Gaunt 08 YBK VILIAG 1/01110A*OTH vNDMAS has THE LOCATED wLwr Worsao1 YPX rnoN s orCOVWO Art VS2 1Ne6YACEAA� CIN 'ISE RaDa1hk2oNlNING mar mace FOR. TDa PBOPOn'T IACATED AT K W. MCINTYRE ST➢.flT 10 P.ammEcr nS DLSIGNATWN AS 00 GOVEIGI IENr U52 DISTRICT AND nes TDIme 31CRFAGO8 AND aPw spACSmSTBICIVPYOVIDING FOESEPHEASD.DT: PEOV®DIG /OEAN 6rrEc11YE DATi' taansearesoag oaam lmeesee,Vlrme6vr.DCNey sienteYdhltO bane coon Mob= 23 ornate Y. pAac lWene the rata al dears odes, on no A copy ate proposed w abase my 0 Mead uViag Nat OmniypxVibaCkk. 91 Imam sem, .See 3D. Wy BisSym8 FM& 054t1ssemtpe * I wenu lfie brehears and helm' with rry8E(gmep028asSans*. enmyn¢with m&Ammar,with Din' *rides Ass of199O: aleamrt'M who e¢4 ecial secoriuliodalion00wdaPNe s tMapo,dtr Eo12lM 'lhlCetaly bra OLs at the Wiese Cle0 911001010yreSteeet Suits110;% auaysO, 4INI.uemukaalS) 365 (WS. Sl WerdlsW oFu®oa4M Wfe.!HNCEP.sMSA. any Nan sate n ewalmro-dais ofine ImlPlonagArley 01YdlagcmaW - masts any math tole mtikad at to meda8 *alma sal"wraeTse aclndm rad NdnluamYeyh ®lefaloti1115testimony ml.riara uporsvfeh 0raPpea10Y 10818 CMI Hflb-O80a073/3/0218:17. 17m2i*L0_OiSNy3. ,an,OHIFU-060207210/021&1702 Stay HFI.B 050807 System M limo 1 AIMS Data 3/03/02 ' Slay 20 Stem name XFLS AGES lariat veer MDSE 8. S. FL. ICemarck PRICE IIIJI�0303073/010211 '021118 03090] 8/by 146 Sr PIIN:E 030307 Bakst 1211' MGR Pace 1 evanMaaentaYwaw8kek 11 ORDINANCE NO. 2002-3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AMENDMENT OF THE VILLAGE CHARTER BY AMENDING SECTION 2.07 "NO COMPENSATION; REIMBURSEMENT FOR EXPENSES" TO READ SECTION 2.07 "COMPENSATION; REIMBURSEMENT FOR EXPENSES," TO PROVIDE FOR PAYMENT OF ANNUAL SALARY FOR MAYOR AND COUNCIL MEMBERS; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR. ADOPTION OF ENABLING RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 6.02(a)(i) of the Charter of the Village of Key Biscayne provides that the Council may, by ordinance, propose amendments to the Chatter, subject to approval by the electorate at the next general election or at a special election called for such purpose; and WHEREAS, the Council has determined to submit certain proposed Charter amendments for approval or disapproval by the electors, in addition to the proposals recommended by the Charter Revision Commission. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:' Section 1. That Section 2.07 "No Compensation; reimbursement for expenses" of the Village Charter, is amended by revising this Section to read as follows: Section 2.07. No cCompensation; reimbursement for expenses. l:Otuttil R4�u1�Gi5 (itl�luQins tI'C M4fur) snau S'$VG `tlimout compensation but Members of the Council shall be compensated with an annual salary. payable in monthly increments, which shall be as follows: forthe Mayor: $ 12.000.; for Council Members: $ 7.200. Underlined text is proposed to be added;. trough text is proposed to be deleted from existing language. The salaries set forth above s hall b e subject t o annual automatic adjustment t o include any cost of living increases which are provided to administrative employees of the Village. Further. Council Members (including the Mayon shall receive reimbursement in accordance with applicable law, or as may be otherwise provided by ordinance, for authorized travel and per diem expenses incurred in the performance of their official duties. Section 2. Form of Ballot. The form of ballot for the Charter amendment provided for in Section 1 of this Ordinance shall be as follows: COMPENSATION`FOR'MAYOR AND COI JNCTL MEMBERS The current Village Charter requires the Mayor and Council Members to serve without compensation.' The Village Council proposes amending the Charter to enable the Mayor and. Council Members to receive annual compensation established by the Charter, of $ 12,000. for the Mayor, and $ 7, 200. for Connell Members,subjecttaannualiadjustments for cost of living increases on, the same basis that such adjustments are provided to Village administrative employees Shall the above des, Yes [ ] No [] nendment be adopted? 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 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 4. Inclusion in the Charter. 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 Charter of the Village of Key Biscayne as to each Charter amendment measure approved by a majority of voters voting on such measure in such election; 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. Enabling Resolution. The Village Council shall provide for enactment of an enabling resolution submitting the proposed amendments to the electorate pursuant to Section 5.03 0 of the Miami -Dade County Charter. Section 6. Effective Date. This Ordinance shall be effective upon adoption on second reading, and each of the Charter amendment measures provided herein shall be effective only upon approval of a majority of electors voting on the measure, effective upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. PASSED AND ADOPTED on first reading this 10th day of April, 2002. PASSED AND ADOPTED on second reading this 30th day of April 2002. AWES: CONCHITA H. ALVAREZ, CMC, VILLAG APPROVED AS TO FORM AND LEGAL SUFF RICHARD JAY WEISS, VILLAGE ATTORNEY 103001\ordinances \ballot re mayor and Councilmembers annual salary MAYOR JOE I. RASCO MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, t=lorida 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 4/30/02 ORD. AMENDING SECTION 2.07, ETC. in the XXXX Court, was published in said newspaper in the issues of 04/19/2002 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 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, repate, coin ton refund for the purpose of securing thVadve ' �nt for publication in the said newspaper (SEAL) O.V. FERBEYRE '. MARIA I. MESA MY CO . , MMISSION t CC 885640 n £1igrdFS March Mar 4,2004 dedYFsu'rw•ay ch Undetwritots ;4/19 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notace 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 meeting to be held'' on Tuesday, April 30, 2002 at 8:00 a.m., in the Council Chamber, located at -85 WestMclntyre Street, Second Floor, Key AN ORDINANCE OF' THE VILLAGE OF KEY BISCAYNE,:' FLORIDA, PROVIDING -FOR -AMENDMENT OF THE VILLAGE: CHARTER 8Y AMENDING SECTION 2.07 'NO COMPENSA- TtON; REIMBURSEMENT FOR'EXPENSES" TO READ SEC- TION 2.07 `COMPENSATION; -:REIMBURSEMENT FOR EX- .- -' PENISES," ID PROVIDE.FOR`PAYMENT OF ANNUAL SALA- RY. FOR MAYOR AND COUNCIL MEMBERS-, .PROVIDING;. REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ` ELECTORS; -PROVIDING FOR;SEEVERABILITY; PROVIDING FOR INCLUSION IN THE CHART EH; PROVIDING FOR ADOP- TION OF ENABLING RESOLUTION; PROVIDING FO,RAN €F - The_ proposed Ordinance maybe inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and be heard twrth 'respect to the proposed Ordnance. Any person.wishing to address the Village - Council on any itern at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with theAmericans With Disabilities Act of 4990,-0 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 WestMclntyreStreet, Suite 203, Keytiscayne- I Florida 33149, telephone number (305)365-5506, not faterthan two busi;: nessdays priorto such proceeding. - - Should any persondesire to appeal any decision of the Village Council ;with respect to anymatter to be considered at this meeting, that person shall insure that averbatimrecord of theproceedingsis made including aQ testimony and evidence upon which any appeal may be based (FS. Comments of any interested party relative to this matter may be submit - led in writing and orpresented in person at the public hearing.. - ConchitaH. Alvarez, CMG -- Village Clerk - 02-4-40/255652M; ORDINANCE NO. 20024 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $1,500,000 OF LAND ACQUISITION REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH' THE DETAILS OF SAID BONDS;, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village Council (the "Council") of the Village of Key Biscayne, Florida (the "Village") desires to authorize the issuanceofnot exceeding $1,500,000 Land Acquisition Revenue Bonds (the "Bonds") or bond anticipation notes (the "Notes") for the purpose of financing a portion of the costs of acquiring land located at 530 Crandon Boulevard (the current Citgo station site) for V illage p urposes, financing a rchitectural, e ngineering, environmental, legal and o ther planning costs related thereto, and paying costs of issuance of the Bonds or Notes; and WHEREAS, the amount of Bonds authorized herein is not in any way to be construed as an indication of what the Village Council believes to be the value of the property; and WHEREAS, the Council desires that the Bonds or Notes be secured by legally available non - ad valorem revenues of the Village, as further specified by subsequent resolution of the Council. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. In accordance with the provisions of the Charter of the Village of Key Biscayne, Florida and Chapter 166, Florida Statutes, there are hereby authorized to be Land Acquisition Revenue Bonds (or Bond Anticipation Notes) of the Village, in an aggregate principal amount not to exceed $1,500,000, in one or more series, for the purpose of financing a portion of the costs of acquiring land located at 530 Crandon Boulevard (the current Citgo station site) for Village purposes, financing architectural, engineering, environmental, legal and other planning costs related thereto, and paying costs of issuance of the Bonds or Notes. If Bonds are issued they shall be designated "Village of Key Biscayne, Florida Land Acquisition Revenue Bonds" (with appropriate series designation), or such other designation as may be approved by supplemental resolution, shall be dated such date,' shall be in such denominations, shall be stated to mature in such year or years not later than twenty(20) years from their date of issuance, shall bear interest from their dated date at a rate or rates not exceeding the maximum rate permitted by law at the time of issuance of the Bonds, shall be subject to redemption at the option of the Village at such times and'prices, and shall have such other details, all as shall hereafter be determined by the Council by supplemental resolution. If Notes are issued, they shall be designated "Village of Key Biscayne, Florida Land Acquisition Revenue Bond Anticipation Notes" (with appropriate series designation), or such other designation as maybe approved by supplemental resolution, shall be dated such date, shall be in such denominations, shall be stated to mature in such year or years not later than three (3) years from their M1010487 date of issuance (not including any renewals or extensions of the Notes), shall bear interest from their dated date at a rate or rates not exceeding the maximum rate permitted by law at the time of issuance of. the Notes, shall be subject to redemption at the option of the Village at such times and prices, and shall have such other details, all as shall hereafter be determined by the Council by supplemental resolution. The supplenentalresolution may adopted, and the Bonds or Notes may be issued, at any time after the effective date of this Ordinance. Section 2. The Village Manager, Acting Village Manager and the Village Finance Director are each hereby authorized to negotiate witlibanks or other financial institutions for the purchase of the Bonds or Notes and with respect to the terms of the Bonds or Notes. The Village Attorney, Bond Connset andthe Financial Advisor -to' the Village are hereby authorized todrafgdocuments and to do all other things, necessary to accomplishtheissuance and ,sale of the Bond's or Notes. Section 3. This Ordinance will become effective immediately upon adoption on second reading.;. PASSED AND ADOPTED on first reading this 19th day of March, 2002. PASSED: AND ADOPTED on second reading this 23rd day ofApril, 2002. CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SIJFFIC M1010487_1 2 MAYOR JOE I. RASCO RICHARDJAY ISS, VILLAGE ATTORNEY: MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Ronda STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that the is the SUPERVISOR, Legal Noticesof the Miami _Deily .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 APRIL 23, 2002 RE: ORDINANCE in the XXXX Court, was published in said newspaper in the issues of 04/11/2002 ;t,' Athant 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 mall 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 advertiser,m it; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, reba om i n refund for the purpose of securing this dverti for mublication in the said i newspaper. (SEAL) O.V. FERBEYRE.pers MARIALMESA 4.1 MY OOMMISSION #(x865640 EXPMRES: March 4,2004 ifsrpipthSNowl'Pit teUMamlbm VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLJO NOTICE - Notice is hereby given that the following ordinance will be considered ' on Second Readu'ig by The Village-Oouncd of the Village of Rey Biscayne .. at a meetingto be held on Tuesday; April 23, 2002 at 7:00 p.m; in they Council Chamber,iocated at85West McIntyreStreet, Second Floor; Key, =AN ORDINANCE OF THE- VILLAGE OF KEY SISCAYNE, .FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEED-- -- ING $1,500,000 OF LAND' ACOUISrONREVENUE'BONDS OF'THE-VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A 'SUPPLEMENTAL RESOLUTION. SETTING FORTH THE DETAILSOFSAID BONDS; AND PROVIDING AN EFFEC- TIVE DATE. - The proposed Ordinance may befnspected by the publicat the Office of ' the Village Clerk. Interested patties 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 registerwnhthe Village Clerkpdort° 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 pamci- + pate in this proceeding becauseofthat disabilityshould contact the Office" of the Village Clerk 91, WesfYdchityre:Street, Suite 203, Rey'Biscayne;- Florida 33149, telephonenumber(305) 365-5506, not later than two buss nessdayspnorto such plus.ee+Lng::' Should anypersondesirefo appeal any decision of the Village'Councif'. with.Yespect to any matter to be considered at t tisrneeting,-dhat person',; shall insurethataverbatimrecordoftheproceedingsis made -including all + ',testimony and evidence open which anyappeal may be ,based 2860105). -- Comments otany Interestedpartyrerativetotitisrnatermaybesubmit,., ted in writing and or presented in personat the public hearing. - -ConchitaH.Alvarez,CMC :,-';Village Clerk ORDINANCE NO. 2002-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PURCHASE AND SALE AGREEMENT BETWEEN KEY BISCAYNE ISLAND STANDARD, INC., A FLORIDA CORPORATION, AND THE VILLAGE OF KEY BISCAYNE; PROVIDING ' FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE;AUTHORIZING VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE CONTRACT; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND`SALE TRANSACTION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village desires to purchase certain lands and improvements from Key Biscayne Island Standard, Inc. ("Island Standard"); and WHEREAS, the Village Council finds that the approval of the Purchase and Sale Agreement is in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Purchase and Sale Agreement (the "Purchase and Sale Agreement"), in substantially the form attached hereto, between the Village and Island Standard is hereby approved and the Village Manager and Village Clerk are authorized to execute such Purchase and Sale Agreement, in their respective capacities, on behalf of the Village. Section 2. That the Village Manager is authorized to finalize all exhibits to the Purchase and, Sale Agreement and to take all action necessary to implement the Purchase and Sale Agreement, including the expenditure of appropriated funds in accordance with the requirements of the Purchase and Sale Agreement. Section 3. That the Village Manager and Village Attorney are hereby authorized to execute all documents necessary to complete the closing of the purchase and sale transaction in accordance ;µ. with the Purchase and Sale Agreement and the Village Manager is authorized to execute all closing statements, the lease back to Island Standard and other instruments necessary to close the transaction. • Section 4. That this Ordinance shall become effective immediately upon its adoption by the i Village Council ousecond reading., PASSED AND ADOPTED this 5th day of March, 2002. PASSED AND ADOPTED this 19th day of March, 2002. I,YE T: Ai r 'CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL S RIC JAY WEISS,rVII,LAGE ATTORNEY.. F:t10304SOrdinance Approving Contract02-27'02.doc 2 MAYOR JOE I. RASCO