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Home My Public Portal About2007-10 Amending the Village Code Works of Art-in-Public Places BoardORDINANCE NO. 2007-10 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE VILLAGE CODE BY AMENDING ARTICLE VII, "WORKS OF ART IN PUBLIC PLACES," OF CHAPTER 2 "ADMINISTRATION," BY AMENDING SECTION 2-142 "ART -IN -PUBLIC -PLACES BOARD," BY AMENDING PARAGRAPH B(1), "MEMBERSHIP; QUALIFICATIONS;" TO PROVIDE FOR BOARD MEMBERS TO SERVE STAGGERED TERMS ON THE BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village Council desires to amend the Village Code provisions which govern the Art -in -Public Places Board (the "Board") so as to provide for staggered terms of service of the members of the Board, as provided herein, and desires to confirm and ratify appointments to the Board . 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 above stated recitals are hereby adopted and confirmed. Section 2. Village Code Amended. That the Village Code of the Village of Key Biscayne, Florida is hereby amended by amending Article VII "Works -of -Art in Public Places" of Chapter 2 "Administration" , by amending Section 2-142 "Art -In -Public Places Board," by amending subsection (b) "Purpose," at paragraph (1) "Membership; Qualifications," to read as follows:1 (1) Membership; Qualifications. The Board shall be composed of seven members appointed by the Mayor, with the 1/ Proposed additions to text of Village Code are indicated by underline; proposed deletions from text of Village Code are indicated by strikethrough. approval of the Council, as provided in the Charter, at Section 2.02. Each Board member shall be appointed to a term of two years, more or less, commencing the first Tuesday after the first Monday of November of each odd -numbered year, except for the initial Board, the membership of which shall be appointed and approved as prescribed by the Village Charter, commencing promptly after the effective date of the Ordinance from which this article derived. Notwithstanding anv contrary provisions which are provided above, commencing on November 6, 2007.. appointments to the Board shall be made upon a staggered term basis. Accordingly, three members of the Board shall be appointed for a one year term of service commencing on November 6.2007 and terminating on November 4, 2008, and four members of the Board shall be appointed for a two year term of service commencing on November 6. 2007 and terminating on November 3. 2009. Thereafter. commencing with the first Tuesday after the first Monday of November 2008 and for the first Tuesday after the first Monday of November of each subsequent year, three Board members shall be appointed to a two (2) year term as described herein. If a vacancy occurs prior to the expiration of Board member's term, another appointment shall be made to fill the vacancy for the remainder of the term. Each Board member must be knowledgeable in public art. must be a resident of the Village, and is precluded from participating in and/or voting on any matter which may directly or indirectly benefit the member. any family member or business associate of the member. 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 be 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. That this Ordinance shall be effective immediately upon adoption on second reading, and shall be applied retroactively so as to ratify any Resolution which is intended to implement the provisions hereof. PASSED on first reading this 13th day of November , 2007. PASSED AND ADOPTED on second reading this 4th day of December , 2007. MAYOR ROBERT L. VERNON ATTEST: Acz/a CHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS O • RM AND LEGAL SUFFICIENC VILLAGE AT fIR EY F:\100\103001\Ordi . - ending Works of Art in Public Places.doc 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 0 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 - 12/4/2007 ORDINANCE AMENDING ARTICLE VII, ETC. in the XXXX Court, was published in said newspaper in the issues of 11/21/2007 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- vertissrr� 4Sr publication in the said newspaper. Sworn to and subscribed before me this 21 day of NOVEMBER , A D. 2007 Z7, 7116.e, — (SEAL) O. V. FERBEYRE personally known to me Cheryl H Marmer all My Commtssron D0338559 aw � dr Expires July 18, 2008 VILLAGE OF KEY BISCAYNE OFFICE OF THE WI -LAOS CLEM PWIL40= NOTIC*t ., Notice islferebygArentimitlMlrfalowinfilldti'marfi 1 on Second Reading by the Vffiage Council of the Village of Key Biscayne at a meeting to be held on T Q 4 'Q0 p.m., in the Council Chamber, pmt l6ey Biscayne, Florida: /W�ANCE OF THE VN 1.AP, E OF KEY BISCAYNE. FLORIDA, RTICLE Vu, "WORKS O A1�r " Pi1 2-142 PTER 2 "A�� ; BY Affilit nN PUBLIC -PLACE$ 'BOAiRD,' ` 18'4" " I ARD PH0D(1) BPTO tv tai' ARD; PRO- VIDING FOR RA ITY; Vi INCLUSION IN OBE A The preposedPrdYirK b Iptipplittd bytitsrpubNc 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* , ag esyttpark Public Hearing is to kittitbinUing heard. In accordance with the Americans With Disabilities Act of 1990, all persons who are AMOKf►ind{m s need special accommodations to participate fn this tieCauSe of that disability' should contact the Office of Me, - 88West McIntyre Street, Sufte 220, Key Biscayne, Florida 49, 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 proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 236.0105). Comments of any interested party relative to, this matter may be submitted fn writing and orpresentedin person at the public hearing. 11/21 Conchita H. Alvarez, CMC Village Clerk 07-4-105/922687M