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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. 2 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. 3 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