HomeMy Public PortalAbout2006-04 Authorizing the Construction of Crandon Boulevard Improvements - Phase III of the VillageORDINANCE NO. 2006-4
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE
"VILLAGE"), CONCERNING THE CONSTRUCTION OF
CRANDON BOULEVARD IMPROVEMENTS — PHASE III OF
THE VILLAGE; AUTHORIZING AND PROVIDING FOR
THE VILLAGE TO CONSTRUCT IMPROVEMENTS ON
CRANDON BOULEVARD AND AT CERTAIN ROADWAYS
IN THE VICINITY OF CRANDON BOULEVARD, AS
DESCRIBED HEREIN; 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 of Crandon Boulevard Improvements — Phase III, as
described herein.
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.
A. That pursuant to Village Charter Section 3.07 (b), this Ordinance shall constitute a
Capital Project Authorizing Ordinance.
B. The Capital Project consists of the construction of Crandon Boulevard Improvements
— Phase III.
C. Phase III of the Crandon Boulevard work is the third and final phase implementing
the Crandon Boulevard Master Plan. The Project limits are from the McIntyre — Galen intersection
down to the entrance of Bill Baggs Cape Florida State Park. The improvements include pavement
widening to accommodate bicycle lanes, curb and gutter construction, drainage modifications,
construction of wider sidewalks, construction of paver and concrete intersections and crosswalks,
asphalt resurfacing, signalization, lighting, pavement markings and signage, landscaping, irrigation,
street furniture and other amenities.
D. The cost of the entire Project is approximately $4.2 Million Dollars. This amount
represents the projected cost of the Project based upon the estimate of the Village's Project Engineer.
The actual cost shall be determined by the Village Council, based upon the contract of construction
which is entered into following the completion of the competitive bidding process. The Project shall
also be subject to financing costs. The Project will be funded with monies to be received from
Miami -Dade County (the "County Funds") from toll revenues provided pursuant to Section 338.165,
Florida Statutes. The Village anticipates initially financing the Project by borrowing funds, pending
the receipt of the County Funds which shall be used for payment of the annual debt service on such
loan.
Section 3. Project Authorized.
A. That the Project, as described herein, is hereby authorized to be constructed by the
Village.
B. That the Project shall be constructed in substantial conformity to the Crandon
Boulevard Master Plan which was approved by the Village Council, and any amendments thereto.
C. That the Village Council shall, by resolution, enter into contracts for the construction
of the Project in accordance with the plans prepared by Corzo Castella Carballo Thompson Salmon,
P.A. (the "C3TS"), the Village's Project Engineer, upon completion of the Village's competitive
bidding process.
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D. That the Village Manager is authorized to take all action necessary to implement this
Ordinance, and is authorized to expend Village funds held, obtained or received by the Village in
accordance with this Resolution and as authorized by any borrowing ordinance for the Project, and
to provide for the construction of the Project pursuant to Village budget appropriations. The Project
shall not proceed unless the County Funds which are identified above are committed to the Village,
and the Project is hereby authorized subject to such condition.
Section 4. Notice of Ordinance Adoption. That pursuant to Village Charter Section
4.03(9), following the passage of this Ordinance on first reading, the Village Clerk shall provide
notice of the date and time of the second reading (the "Second Reading Notice"). The Second
Reading Notice shall include a brief description of the Project and its cost and shall be published
in addition 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 "A".
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 "B".
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,
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.
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Section 6. Effective Date. That this Ordinance shall be effective upon adoption on second
reading.
PASSED AND ADOPTED on first reading this 13th day of June, 2006.
PASSED AND ADOPTED on second reading this 27th day of June, 2006.
7(-o (etaifrL....,
MAYOR ROBERT OLDAKOWSKI
AT
CHITA H. ALVAREZ, CMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFI
VILLAGE ATT •1'i Y
4
EXHIBIT "A"
PUBLIC NOTICE
Pursuant to Village of Key Biscayne Charter Section 4.03(9), notice is hereby provided that
on Tuesday, June 27th, 2006, at 7:00 p.m., in the Village Council Chamber, at 560 Crandon
Boulevard, Key Biscayne, Florida, a public hearing on the second and final reading of an Ordinance
concerning the Crandon Boulevard Improvements — Phase III, (the "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
CONSTRUCTION OF CRANDON BOULEVARD IMPROVEMENTS —
PHASE III OF THE VILLAGE; AUTHORIZING AND PROVIDING FOR
THE VILLAGE TO CONSTRUCT IMPROVEMENTS ON CRANDON
BOULEVARD AND AT CERTAIN ROADWAYS IN THE VICINITY OF
CRANDON BOULEVARD, AS DESCRIBED HEREIN; AUTHORIZING
EXPENDITURE OF FUNDS; PROVIDING FOR NOTICE OF ORDINANCE
ADOPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
Capital Project: Phase III of the Crandon Boulevard work is the third and final phase implementing
the Crandon Boulevard Master Plan. The Project limits are from the McIntyre — Galen intersection
down to the entrance of Bill Baggs Cape Florida State Park. The improvements include pavement
widening for bicycle lanes, curb and gutter construction, drainage modifications, construction of
wider sidewalks, construction of paver and concrete intersections and crosswalks, asphalt
resurfacing, signalization, lighting, pavement markings and signage, landscaping, irrigation, street
furniture and other amenities.
Cost: The projected cost of the Project is approximately $4.2 Million Dollars. This amount
represents the projected cost based upon the estimate of the Project Engineer. The actual cost shall
be determined by the Village Council based upon the contract of construction which is entered into
following the completion of the competitive bidding process. The Project will be funded with
monies to be received from Miami -Dade County (the "County Funds"). The Village anticipates
initially financing the Project by borrowing funds, pending receipt of County Funds which are to be
used for payment of the annual debt service for the term of the loan. Financing costs shall also apply
to the Project.
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 or visit the Village website at www.keybiscayne.fl.gov.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED
SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS PROCEEDING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE
OFFICE OF THE VILLAGE CLERK, 88 WEST McINTYRE STREET, KEY BISCAYNE, FLORIDA 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
EXHIBIT "B"
PUBLIC NOTICE
(POSTCARD TO ELECTORS)
Pursuant to Village of Key Biscayne Charter Section 4.03(9), notice is hereby provided that on
Tuesday, June 27th, 2006, at 7:00 p.m., in the Village Council Chamber, at 560 Crandon Boulevard,
Key Biscayne, Florida, a public hearing on the second and final reading of a Capital Project
Authorizing Ordinance for the Crandon Boulevard Improvements — Phase III shall be heard by the
Village Council.
Capital Project: Phase III of the Crandon Boulevard work is the third and final phase implementing
the Crandon Boulevard Master Plan. The Project limits are from the McIntyre — Galen intersection
down to the entrance of Bill Baggs Cape Florida State Park. The improvements include pavement
widening for bicycle lanes, curb and gutter construction, drainage modifications, construction of
wider sidewalks, construction of paver and concrete intersections and crosswalks, asphalt
resurfacing, signalization, lighting, pavement markings and signage, landscaping, irrigation, street
furniture and other amenities.
Cost: The projected cost of the Project is approximately $4.2 Million Dollars. This amount
represents the projected cost based upon the estimate of the Project Engineer. The actual cost shall
be determined by the Village Council based upon the contract of construction which is entered into
following the completion of the competitive bidding process. The Project will be funded with
monies to be received from Miami -Dade County (the "County Funds"). The Village anticipates
initially financing the Project by borrowing funds, pending receipt of the County Funds for payment
of annual debt service on such loan.
For any question on this item, please contact the Village Clerk at (305) 365-5506 or visit the Village
website at www.keybiscayne.fl.gov.
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).
F:/103.001/Ordinances/Capital Project — Construction of Crandon Blvd Improvements Phase III 5.9.06
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; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
SECOND READING MEETING 6/27/06
in the XXXX Court,
was published in said newspaper in the issues of
06/16/2006
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, r- •ate, com . or refund for the purpose
of securing s advert', ent for publication in the said
newspap
(SEAL)
O.V. FERBEYRE personally tio,0)415 m ,.
Sworn to and subscribed before me this
Notice IsnerebygiVe
Second Reading -0y the, Village .(
a meeting to be eld onzTBes
Council Chamberr, locat d at. 660
Florida:
A CAPITAL PROJECT.ALITHOR ING ORDIN E OF THE
VILLAGE OF, KEY, BIS AY E, D 1 AEA.*LAGE-"'),-
CONCERNING 'f HE-' NSTRUCT N .°ate; * EIA IDI ►N
BOULEVARD, imp
VILLAGE; ,AUTH
VILLAGE TO CONSTRUCT
BOULEVARD " AND
VICINITY_
HEREIN; :A,
PROVIDING' FOR NOTICE t R=} RDINA
PROVIDING FOR,-SEVERABIL ;-PROVIDING FOR AN
EFFECTIVE DATE.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, -
FLORIDA, AMENDING SECTION: 4241 rwEst ';MAASHTA
ROAD .BRIDGE"3 OF CHAPTER• "PPUBLIC PLACES" :JOIE
VILLAGE OK 3DE PI GYI E=1 HOURS -
OF USE AND TO AMEND R » L VENT
PERMIT SECTION IN CONFORMANCE WITH REVISIONS T'O: s
CHAPTER 17; PROVIDING, FOR' SEVERABIL f; PROVID-
ING FOR ILLUSION IN THE._CODE; PROVIDING ;. 'OR A
PENALTY; AND PROVIDING #OR ANEFFE .
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA i(THE
CONCERNING THE CONSTRUCTION :OFA:THE, SANITARY
SEWER AND WATER LINE IMPROVEMENT. PROJECT (THE
"PROJECT") OF THE VILLAGE; „AUTHORIZING AND #SRO- -
VIDING:FOR.THE VILLAGE TO CO, NSTRUCT THE PROJECT
AS DESCRIBED HEREIN; AUTHORIZING EXPENDITURE OF
FUNDS;, PROVIDING FOR - NOTICE ,-OF =ORDINANCE
ADOPTION;,PROVIDING-FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE. _
AN ORDINANCE OF THE VILLAGE .,,OF -KEY BISCAYNE,
FLORIDA, AMENDING CHAPTER 21 "PUBLIC RIGHTS -OF -
WAY", AT ARTICLE II 'LANDSCAPING IN PUBLIC RIGHTS -
OF -WAY", BY CREATING SECTION 21-15 "EXEMPTION" TO
EXEMPT THE VILLAGE SANITARY SEWER ANDWATER
LINE IMPROVEMENT PROJECT FROM THE PROVISIONS
OF SECTION 21-12 "VILLAGE - PROJECTS -WITHIN THE
PUBLIC RIGHTS -OF -WAY"; PROVIDING FOR SEVERA-
BILITY; PROVIDING FOR INCLUSION IN CODE;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 to the proposed Ordinances. 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 thatitetn being heard.
In accordance with the Americans With Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key
Biscayne, Florida 33149, telephone number (305) 365-5506, not later
than two business 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 proceet ings is made including
all testimony and evidence upon which any aRPea1 may be based
286.0105).
Comments of any interested party, relative to; this matter may be
submitted in writing and or presented in person atthe public hearing.
Conchita H. Alvarez, CIVIC
Village Clerk
6/16 - 06-4-25/691576M
VILLAQ -O _- 1► Sc A t1E
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 CHARTER SECTION PH 6/27/06
CAPITAL PROJECT AUTHORIZING ORDINANCE, ETC,
in the XXXX Court,
was published in said newspaper in the issues of
06/16/2006
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, re ate, comm. . = - or refund for the purpose
of securing t► s advertis- ent for ( ublication in the said
newspape
Sworn to and subscribed before me this
(SEAL)
O.V. FERBEYRE personally known#onie
n .. F�2. /k
Pursuant to Village of Kay' Bisca
hereby provided that on Tuesdays _
.Village Council}-Chamber,`at 560 C don Botilev`ai
Florida, a public hearing on:the sin lend final radiing
concerning the Crandon i evard
"Project') shall be heard by the Village CoUr , S #Otto rs:
A CAPITA(PROJE
VILLAGE'OAF KEY
CONCERNING
BOULEVARD IMP
VILLAGE; , AUTHO!RIZI
VILLAGE T+f CCNSTRfiU
BOULEVARD AI!iID
VICINITY OF CRAM
HEREIN; AUTHOR
PRtavIDING 'FOR
PROVIDING, FOUR
EFFECTIVE DATE.
tice is
-14" in the
Rjscayne,
prdinance
s I; (the
t R ._ t'IHE
CRANDON
YS 'INS THE
G FOt AN
Capita, Project: Phase jtl of the Crandon Boulevard work is,the third
and final phase_implementtng the Crandon Boulevard Master Plan, The
Project limits ere from the McIntyre - Galen intersection down ,to the
entrance of Bill Boggs Cape Florida State -Perk: The improvements
include pavement widening -,for bicycle lanes,- curb --and gutter
construction, drainage modifications, construction of, wider sidewalks,
construction of Paver and Concrete inferse gins andCresswalks, asphalt
resurfacing, signalization,- lighting, pavement markings and signage,
landscaping, irrigation, street furniture and other amenities.
Cost: The projected cost of the Project is approximately $4.2 Million
Dollars. This amount represents the projected cost based upon the
estimate .of„the .Project Engineer. The'ctual cost shall be determined by
,the Village Council based upon the contract Of construction which is
,entered into following the completion of the competitive bidding process.
The Project will be funded with monies Jo be received from Miami -Dade
County (the "County Funds"). The Village anticipates initially financir
the Project by borrowing funds, pending receipt of County Funds which
are to be used for payment of the annual.debt service for the term of the
loan. Financing costs shall also apply to the Project.
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
or visit the Village website at www.keybiscayne.fl.gov.
IN ACCORDANCE WITH THE -AMERICANS WITH DISABILITIES
ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED
SPECIAL ACCOMMOOATIONS TO PARTICIPATE IN THIS
PROCEEDING BECAUSE OF THAT DISABILITY SHOULD CONTACT
THE OFFICE OF THE VILLAGE CLERK, 88 WEST McINTYRE
STREET, KEY BISCAYNE, FLORIDA 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 °ETHE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEED-
INGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (F.S.
286.0105).
6/16 06-3-26/691577M