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Home My Public Portal About2007-09 Concerning the Purchase of Land located at 85 West Enid DriveORDINANCE NO. 2007-9 A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE PURCHASE OF LAND AND IMPROVEMENTS LOCATED AT 85 WEST ENID DRIVE IN THE VILLAGE (THE "PROPERTY"); AUTHORIZING THE VILLAGE TO PURCHASE THE PROPERTY AS DESCRIBED HEREIN; AUTHORIZING THE EXPENDITURE OF FUNDS; PROVIDING FOR FINANCING CONDITION; PROVIDING FOR NOTICE OF ORDINANCE ADOPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne, Florida (the "Village") desires to authorize and provide for the purchase of the land and improvements thereon which are located at 85 West Enid Drive in the Village of Key Biscayne, as legally described in Exhibit "A", which is attached hereto and incorporated herein (the "Property"), as provided 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 (the "Project") consists of the purchase of the Property. C. The Property is to be acquired for Village purposes and presently serves as a parking lot for the Village government center. D. The cost of the Project is not to exceed Two Million Eight Hundred Thousand ($2,800,000.) Dollars. The final purchase price is subject to negotiations with Miami- Dade County. Financing costs shall also be applicable. Section 3. Project Authorized: Funding Conditions. A. That the Project, as described herein, is hereby authorized and the purchase of the Property is hereby authorized and approved, subject to the conditions and requirements provided herein. B. That the Village Manager is hereby authorized to sign all closing papers and to consummate the purchase and acquisition of the Property, subject to the condition precedent of obtaining financing for the transaction, and subject to the approval of the Village Attorney as to form and legal sufficiency. C. That the Village Manager is authorized to take all action necessary to implement this Ordinance, and is authorized to expend Village funds for the purchase of the Property pursuant to Village budget appropriations, subject to the applicable financing conditions which are established. D. That the purchase of the Property shall be subject to the adoption of a Village borrowing ordinance (and any necessary implementing borrowing resolutions) for the financing of the Project, and the Project is hereby authorized subject to the financing and other conditions which are referenced or described herein or are required by applicable law. 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 "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". 2 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. Section 6. Effective Date. That this Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 23rd day of October, 2007. PASSED AND ADOPTED on second reading this 13th day of November, 2007. MAYOR ROBERT L. VERNON ATTEST: CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE ATTORN 3 EXHIBIT "A" LEGAL DESCRIPTION Tract A, Less the East 179 feet thereof of BISCAYNE KEY ESTATES, according to the Plat thereof, recorded in Plat Book 50, at Page 61, 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, November 13, 2007, 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 purchase of land and the improvements situated thereon which is located at 85 West Enid Drive in Key Biscayne , Florida (the "Property") shall be heard by the Village Council, as follows: ORDINANCE NO. 2007- A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE PURCHASE OF LAND AND IMPROVEMENTS LOCATED AT 85 WEST ENID DRIVE IN THE VILLAGE (THE "PROPERTY"); AUTHORIZING THE VILLAGE TO PURCHASE THE PROPERTY AS DESCRIBED HEREIN; AUTHORIZING THE EXPENDITURE OF FUNDS; PROVIDING FOR FINANCING CONDITION; PROVIDING FOR NOTICE OF ORDINANCE ADOPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Capital Project: The Project consists of the purchase of the Property for Village purposes. The Property was previously leased from Miami- Dade County and is used as a parking lot for the Village's government center. Cost: The projected cost of the Project is not to exceed Two Million Eight Hundred Thousand ($2,800,000) Dollars. The final purchase price is being negotiated with the County. Financing costs shall also be applicable. The Project shall not be accomplished unless the Village obtains financing, and is to be authorized subject to such financing condition. 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 WIT.T 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 "C" PUBLIC NOTICE (POSTCARD TO ELECTORS) Pursuant to Village of Key Biscayne Charter Section 4.03(9), notice is hereby provided that on Tuesday, November 13, 2007, 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 Purchase of Property at 85 West Enid Drive (the "Project") shall be heard by the Village Council. Capital Project: The purchase of the land and improvements situated at 85 West Enid Drive in Key Biscayne, Florida, to be acquired for Village purposes. The Property serves as a parking lot for the Village's government center. Cost: The cost of the Project is approximately $2,800,000 Million Dollars, plus financing costs. The Project shall not be accomplished unless the Village obtains financing, and is to be authorized subject to such financing condition. 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:\100\103001\Ordinances\Ordinance 2007 -Capital Project Authorizing West Enid Drive 8-27-07 doc 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 VICE PRESIDENT, 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 NOTICE ORDINANCE SECOND READING MEETING NOVEMBER 13, 2007 in the XXXX Court, was published in said newspaper in the issues of 11/01/2007 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 . ertise ublication in the said newspaper. Sworn to and subscribed before me this (SEAL) 2007 0 V FERBEYRE personally known to me MARIA I MESA NOTARY PUBLIC STATE OF FLORID/ Commission #DD293855 Expires MARrH 04, 200P VILLAGE OF KEYBI$CAYNE 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 01'(he Villtige of Key Biscayne at a meeting to be Meld on Tuesday, Novernbar1t - :E1H7 at 7:00 p.m., in the Council Chamber, located at 560 Crandon' Odbfevard, Key Biscayne, Florida: A CAPITAL PROJECT AUTHOR ril4 INANCE OF THE VILLAGE OF KEX SEIMAYNE, FLOMIDAr1'-"VILLAGE"), CON-, CERNING THE PURCHASE OF LAND AND IMPROVEMENTS LOCAT- ED AT 8$ WEST END DRIVE IN THE VILLAGE (THE "PROPERTY"); AUTHORIZING B VILLAGE. TO. PURCINA7I ARE OFS DOOMED HINI@It.< PCEoF � ,CONIIMON; PROVIDING FORNWOAOILITV; PROVIONS II ANIMPECTIVEGATM The proposed Ordinance may be inspected by the public at the Office of the Hearing and by h r lO.pr9(/,OMlpa�atl9e, parson wishing to adtlrest3 Vas aitiltitrnpttbi tearing is asked to register with the Gil lags Oer%t pdiocto* ham titdrN hid. In accordance with the DieabNitie6Act of 1990, all per- son wt'xis a ornmodations to partici-- §hould contact he Office Ifie OlOrk; Sheet, StLbe 22b,'Key Biscayne, Florida ntiftibet-( 365.75506, not later than two busi- nessdays prfitrtoSOOilwttoo !Q. Should any person desire to opal* 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.288.8105). , Comments o1 any Witerimoted party relative to this matter may be submitted in writing and or presented kt person at the public hearing. • Conchita H. Alvarez, CMC Village Clerk 07-4-180/912902M 11/1 VILLAGE OF KEY BISCAYNE 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 VICE PRESIDENT, 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 NO. 2007 PUBLIC HEARING NOVEMBER 13, 2207 in the XXXX Court, was published in said newspaper in the issues of 11/01/2007 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 thisdvertisgrr�arirTOrnpublication in the said newspaper. Sworn to and subscribed before me this (SEAL) O.V FERBEYRE personally known to me MARIA I MESA NOTARY PUBLIC STATE OF FLORID/ Commission #DD293855 Expires "4A '1-i 04 200P Pursuant to Village of Key Biscayne Charter Section 4.03(9), notice is hereby provided that on Tuesday, November 13, 2007, 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 purchase of land and the improvements situated thereon which is located at 85 West Enid Drive in Key Biscayne, Florida (the "Property) shall be heard by the Village Council, as follows: ORDINANCE NO. 20074 A CAPITAL PROJECT AUTHO ORDINANCE OF 'nit VIE OF KEY FLORIDA (THE "VILLAGE"), CONCERNING THE PURCHASE OF LAND AND IMPROVEMENTS LOCATED AT os Vona END DRIVE IN THE VILLAGE (THE 'PROPNINIY"); NG THE VILLAGE TO PURCHASE THE AUTNORaiNG THE Ex UII1Q,QF FUNDS; PROVIDING FnOR 1/It `IOQIE1ITTnt FOR NOTICE OF OF1OIN1jNCI ,AD #PT1O of FOR SEVERABILITY; �QFORANEPSEIXWEDATE. Capital Projset: The Project consists of thepn rdnse of the Property for Village' "MOT**Wits prriviolillWfj1111�1issd from Miami - Dade CmAVind is used, as a plit ing tot tar fFnil=i/lllgets government center. " Cost •Tilitieprojected colt of the Project is not to eaccied Two Milton Eight WOW Thousand ( 860,000)4 t18Nwrsv"7bli Ind purchase, pdfa is Nil* nagediklid With 1f1anCNl+sl 'mss *hall also' be appilosbie.lits Pitied shalt nit bi 410000,111111111 Mies the VLNage obtains financing, and Is 10 ibliItilhildlead.OBSICI10, such financing' condition. This 1 Is published in addiinn dto iiillpioraneously with no- tices mOlididy plibilshatr for esocitld•-liiii1iiys oF'itikinances. For any or vsibn b F visit the Wage %ignite atw VNt at (305) 365-5so6 IN, ACCORDANCE WITH THE AVAIISWITH D ISABIUTIES ACT OF 1900 4,, AU. PERSONS AIJWIL,IED AND WHO NEED SPECIAL, ACCOMMODATIONS ATE IN THIS PROCEED- INtt BECAUSE OF THAT DISABILITY, ,SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK, 88 VVESTMclUrYRE STREET, KEY BISCAYNE, FLORIDA 33149, TELEPHONE NUMBER (305) 385-5506: 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). 11/1 07-3-181/912907M