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HomeMy Public PortalAbout2005-08 Amending Charter 2 Administration re Creating Fire Rescue and Police DepartmentsORDINANCE NO. 2005-8 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 2 "ADMINISTRATION", BY AMENDING ARTICLE I "IN GENERAL", BY AMENDING SECTION 2-1 "CREATION OF DEPARTMENTS" AT PARAGRAPH (a) "CREATED", TO REPEAL THE REFERENCE TO THE CONSOLIDATED "PUBLIC SAFETY DEPARTMENT" AND TO INSTEAD CREATE A SEPARATE FIRE RESCUE DEPARTMENT AND A POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, in order to enhance the accreditation process for the police force of the Village of Key Biscayne, the Village Manager has recommended that the Village Code be revised to replace the consolidated Public Safety Department with a separate Police Department and a separate Fire Rescue Department; and WHEREAS, the Village Council finds that the recommended reorganization is in the best interests of the Village. NOW THEREFORE IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the each of the above stated recitals are hereby confirmed and adopted. Section 2. Village Code Amended. That Section 2-1 "Creation of Departments" of Article I "In General" of Chapter 2 "Administration" of the Village Code is hereby amended by revising paragraph (a) "Created" of Section 2-1 to read, as follows:' 1 Proposed deletions from existing Village Code text are indicated by ; proposed additions to existing Village Code text are indicated by underline. 1 "Sec. 2-1. Creation of Departments. (a) Created. The following departments within the Village of Key Biscayne are hereby created: (1) Building, Zoning and Planning Department; (2) Finance and Administrative Services Department; (3) Recreation Department; (4) Public-RafetrDePartrnerre,-and (_4_,I Police Department; a) Fire Rescue Department; and (5)(f) Public Works Department. For emergency management purposes, the Village Manager shall be authorized to designate the Chief of the Fire Rescue Department and or the Chief of Police as the incident manager for a specific emergency event. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to 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. 2 Section 5. Effective Date. That this ordinance shall become effective immediately upon adoption at second reading. PASSED AND ADOPTED on first reading this 10th day of May, 2005. PASSED AND ADOPTED on second reading this 24th day of May, 2005. 4,0 cete,c G, L.---1 MAYOR ROBERT OLDAKOWSKI AT /7/-42/1 Id/,;/e b. Z" CHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED A • FORM AND LEGAL SUFFICIE LAGE ATO F:\100\103001\Ordinances\Amending Village Code 04-26-05.doc 3 R191) 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 - ORDINANCES - MAY 24, 2005 ORDINANCE AMENDING CHAPTER 17 "NOISE", ETC. in the XXXX Court, was published in said newspaper in the issues of 05/12/2005 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, commi • or refund for the purpose of securing t.. adverti ent for publication in the said newspape (SEAL) Sworn to and subscribed before me this O.V. FERBEYRE personally known Maria 1 Mesa My Commission D0293855 Expires March 04e 2008 AMENDING CREATIIP FOR P ING FOR DATE. AN -ORDINj DA, AIIIIEN DISTRIGT". BISCAYNE, TED USES` VIDING IO' THE co; VIL ' . #_,. F-KCEY BISCAYNE OFF14' F }� VILLAGE CLERK LIC NOTICE - Notic reb giveo_tt thp.foliow ordinances, it ie. considered on Secon413eading by the.rVillage until of a (illage of. Key -Biscayne at a meetingnto beJheld on Tuesday, May 24 2005, at 7:00 p.m., in the CounQil; Bated r at 560,Cand n BouIexa Bj ° R ALL_ ge#_ AN ORDINANCE OF VILLAGE OF KEY BISCAYNE, FLORIiDA;: AM N°1 gH. 'TER 17 "NOISE' O H.E ,F.T VIL E CODE, TO ENH TY; PR EFFEC. LATIONS ' AND RESTRICTION l ONNOISE N ' EN-ALTIES; . PRO'!ItiG,EpR,SE.VERAEILI Fort iNcLusioN IN PROVIDING FOR AN AN ORDINANCE OF VILLAGE OF, KEY BISCAYNE,: FLORIDA, DE BY AFTER 17 "NOISE" OF`THE VILL.AG O 17-8 "BURGLAR, ALARits"; < - :S;=PROVIDING FOR 'SEVERABIL _ , `' ` 'VI ; U51ON'=INCODE; ,PROVIDING`FOR EFFECTIVV AN ORDINA CExOFT'FhE ME /1 GE DA, ANDII1 SECTib11.- R1 "OF CHAT -13oA`_ SSE`I THE CODE OF�SKEY BISCA tE, FLC VILLAGE' COUNCIL HALL AUTHC OF VILLAGE MANAGER 'PROV PROVIDING FOR `INCLUSION I1 "t AN EFFECTIVE I EY ISCAYNiE, FLORI GOVERNMENTAL IE ODE OF KEV F PERMIT- C ! IES; PRO - G ^, CLUSION IN, ATERA ATERCRNA! ROVIDI`G _ ;� X CEPTIONS IN LIEU R, SEVERABIUTY; E; PROVIDING FOR AN ORDINANCE O_F THE VILL ►GE OF KEY BISCAYNEFLORI- DA, AMENDING THE VILLAGE -Obi BY AMEND. i°{ CHAPTEI 2 "ADMINISTRATION", _BY- AMENDING,; ARTICL ; I - IN tttER- AL", BY AMENDING SECTION. -2-1 TAEATIO F DEPART=- MENTS" AT PARAGRAPH (a) "CREATED", TO REPEAL THE REFERENCE TO THE CONSOLIDATED -"PUBLIC. SAFETY DE-, PARTMENT" AND IQ INSTEAD CREATE `A= S TE FIRE"'; RESCUE DEPART�MENTAND; L DEPA - T; PRO-_ VIDING FOR SEVERABILIT1 � �G' ION IN THE VILLAGE CODE O"V.IOIN FO 'BEEFECTIVE ATE. A CAPITAL iPROJECTAi/Mb-WOW "D%bat10 AlE Vu..=. LAGE OF -KEY BISCAYNE, FLORIDA I E`5' %& 1C "), CON-- CERNING THE4=CONSTRUCTIOI1 pF--„CNA +IDS OULEV 1RD IOVEME , - PHASE A:1 HE %1L IMP * 1;. E;,-► `J rtiOly ING AND„ -.PROVIDING FOR; =THHE VIL1 1= =_ 'Of*, IM- PROVEMENTS:+.O RANDO °BoilLEVAR A D. lT OTAIN ROADWAYS-INr'THE_ VIGJNI'y_THORIZo•C N 3OULEV RD, AS DES+Cl IBEI�'' HEREIN; =Ai N `"EXPENDITURE .. OF- -FUNDS; PROVIDING -FOR OTICE-OF O.RDINA-NCE ADOPTJON; PROVIDING FOR SEVERABILITY.; PROVIDI ND FOR ANEFFEC- TIVE DATE. l The proposed Ordinances may be inspected by the pu of the Village Clerk.Iriterested parties n y aippear at th and be heard with respect to the ropos d, ina ce ��pp ing to address the Viitaae Council on`an -it -at ,�s_ t.the Office uhllc Hearing n wish - 'Hearing is asked to register with the Village Clerk prior to that item being:heard. ; _ _ In accordance with American -with Disabilities Act,- of o persons who are disabled and who need special ac commo .gtions, c ricipate in 2 ", ,. this proceeding because of that disability: should contact the of the Village Clerk, 88 west McIntyre Street; Sue 220; Key Biscayne,.Florida 3 149, telephone. number (305) -3655506, not -later than- o'business daysprior to'such proceeding. -s ue Y. Should any person desire to appeal ady decision of"#he /ilea" a Council , With respect -to .any matter-. to be consider` .at this .meeting ttperson :snail insure that a verbatim record of thelbgeedings is made including ail testimony and evidence upon'whiah any_ appeal may be„'baped {F.S. X86 • " ? Comments of any interested party relative*, this matter may be -submit- ted in writing and orpesented in person atthe putilic hearing., - Conchita W.,Aivarez, CMC Village Clerk - 5/12r_ 05-466/546539M .