Ordinance 065-1996ORDINANCE NOO 6 5 -1996
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AMENDING ORDINANCE NO.
051-1996 BY CHANGING THE WHALE HARBOR CHANNEL
BOATING RESTRICTED AREA FROM BEING IN EFFECT ONLY
SEASONALLY TO BEING IN EFFECT ALL YEAR; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners on September 19, 1996 passed
Ordinance No. 051-1996 which established the Whale Harbor Channel boating restricted
area; and
WHEREAS, Ordinance No. 051-1996 made the restrictions seasonal; and
WHEREAS, the Monroe County Marine and Port Advisory (QmMittee�d st.; f
recommend, due to the amount of year round traffic, that the restrict ohs` -.be p�man&Rt
...�. .._. z "n
full-time; now therefore,'
00
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONgRS
MONROE COUNTY, FLORIDA, THAT: Ln77)
Section 1 The Whale Harbor Channel boating restricted area Ordinance No.
051-1996 is hereby amended by changing the whereas' as follows:
WHEREAS, in order to best balance the needs of the permanent residents and the
commercial users with the concerns for health, safety, and welfare of the water going
public dfing the most 4ite se1y used a , the Board finds that the area in the Exhibit
A be restricted to Slow Speed/Minimum Wake, during the me aths of afra April, M
T'`me, T: ly, August, nd September-, now therefore;
Section 2 All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
Section 3. If any section, subsection, sentence, clause, item, change or
provision of this ordinance is held invalid, the remainder of this ordinance shall not be
affected by such invalidity.
Section 4. A copy of this ordinance shall be filed with the Secretary of State,
State of Florida, but shall not take effect until the Slow Speed Minimum Wake boating
restricted area is approved by the necessary state and federal agencies.
Section 5. The Clerk of the Board is hereby directed to forward a copy of this
Ordinance to Municipal Code Corporation for incorporation into the Monroe County
Code of Ordinances.
This ordinance changing the established boating restricted area for Whale Harbor
Channel was PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on the 18 th day of
December , A.D., 1996.
Mayor Doug 1 a s s
Mayor Pro Tern London
Commissioner Harvev
Commissioner Freeman
Commissioner Reich
(SEAL)
ATTEST: Danny L. Kolhage
11 ,_I.,!
EFFECTIVE DATE
yes
yes
YU-9---
yes
ye s
BOARD OF C COMMI SIONERS
OF MONRO C TY A
By
Mayor/Chaff
2
EXHIBIT A
Whale Harbor Channel
Slow Speed Minimum Wake Zone
BRANCH OFFICE
3117,OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
0
pOUNTy`'�
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90FrcouwY•,�
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
January 8, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud i
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Ff. 32399-0250
Dear Mrs. Cloud:.
BRANCH OFFICE
8%20 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Enclosed please find a certified copy of Monroe County Ordinance No. 065-1996,
amending Ordinance No. 051-1996 by changing the Whale Harbor Channel Boating
restricted Area from being in effect only seasonally to being in effect all year; providing
for severability; proving for the repeal of all ordinances inconsistent herewith; providing
for incorporation into the Monroe County Code of Ordinances; and providing for an
effective date.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on December 18, 1996.
V;
Mrs. Liz Cloud
January 8, 1997
Page 2
Please rile for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex offlcio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
b"De'put:rClerkt
Enclosure
cc: County Attorney
Growth Management Director
Municipal Code Corp ration
County Administrator,, w/o document
File
i
DIVISIONS bF FLORIDA DEPARTMENT OF STATE
Office ol'lhe Secrelary .
Division of Administrative Services
Division of Corporations
Division of Cnhnr l Affairs
Division of (Elections
Division of Historical Resources
Division of Uhrary and Inl'unnauion Services
Division of Licensing
MEMBER OF THE. FLORIDA CABINET
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
January 10, 1997
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
, Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
RINGLING MUSEUM OF ART
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated January 8, 1997, and certified copy of Monroe County Ordinance No. 96-65,
which was filed in this office on January 10, 1997.
Sincerely,
t
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
0
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427
FAX: (904) 488-7868 WWW Address http://www.dos.state.fl.us • E-Mail: election@mail.dos.statefl.us
A
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PNITED ST.TES
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(See Reverse)
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t Street and No FL.DEPT. OF STA
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P o Sate any e FL. 32399-02
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Is your REWRIN AMR= complIsted on the reverse, sift?
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Thank you for using Return Recall Service.
Thank you for using Return Receipt Service
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretan
Dic ision tit Administrant Services
Dic ision of Corporations
Dic ision of Cultural Affairs
Division of Elections
Division of Ilistorical Rcsourecs
Division of Lihran and Intlmnation Sen'ices
Division of Licensing
MEMBER OF THE FLORIDA CABINET
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
January 10, 1997
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
RINGLING MUSEUM OF ART
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated January 8, 1997, and certified copy of Monroe County Ordinance No. 96-65,
which was filed in this office on January 10, 1997.
Sincerely,
t-iz %-ioud, Chief
Bureau of Administrative Code
LC/mw
0
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427
FAX: (904) 488-7868 • WWW Address http://www.dos.state.fl.us • E-Mail: election@mail.dos.statefl.us
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MUNICIPAL CODE CORPEkATI[N
Nstnipe, services
PD Do2235
Tdlahasne, Fl 3236-2235
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K I; ON/ I I
ITIZEN
Published I)aily
Kev West, Monroe C:otln(V, Floiidii 33010
STATE OF FLORIDA
COUNTY OF MONROE:
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is Advertising Manager of the Key West Citizen-, a daily newspaper published
at Key West in (Monroe County, Florida; that the attached copy of the advert/i�sement, being
a legal notice , /—�a�-�-c-Ge
in the matter of
in the court, was published in said newspaper in the
issues of /Vc}c� `� 1' I a'q K
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) and has been entered as second-class mail matter at the post office in
Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first
publication of the attached copy of advertisement-, and affiant further says that he has nei-
ther paid nor promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said news-
paper.
(Siyr,alure of Affiant)
Sworn Io and rd h0orc, nIe Ihi", 'Il+v cal
I xl)uc...,-f-107--�U
I'crr,,on;Illy Known (A I'roduc:c,rl Idc,nll11c;111orl
lyln ()l Id(rntIIIctIt1OII I'I()IIu(.,!rl
(Si nalure of Notary Public)
(Wirrw of Nol;lry Ptih1ic )
" Teresa eayle Darling
My COMMISSION # CC5W942 EXPIRES
g September 17, 2000
„(\ BONDED THRU TROY FAIN INSURANCE, INC.
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN 'TO
WHOM IT ,MAY CONCERN that on
Wednesday, December 18, 1996, at
10:00 a.m. at the Marathon Govern-
ment Center,..2798 Overseas High- .
way, Maratfion, Monroe County,
Florida intends to consider the adop-
tion of the following County ordi-
nance:
AN ORDINANCE AMENDING ORDI-
NANCE NO.051-1996 BY CHANG-
ING -WHALE HARBOR CHANNEL
BOATING RESTRICTED AREA,
FROM BEING IN EFFECT ONLY
SEASONALLY TO BEING IN EF-
FECT ALL YEAR; PROVIDING FOR
SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH; PRO-
VIDING FOR INCORPORATION
INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE;
Pursuant to Section 286.0105, Flor_ '
ida Statutes, notice is given that if a
person decided to appeal any deci-
sion made by the Board with respect
to' any matter considered at such
hearings or meetings, he will need a .
record of the proceedings, and that, ,
for such purpose, he may need to en-
sure that a verbatim record of the
proceedings is made, which record
includes the testimony and evidence °
upon which the appeal is to - be
based.
Copies of the above -referenced ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
I Dated at Key West, Florida, this 18th
day of November, 1996. f
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex off icio Clerk of
! the Board of County Commissioners
of Monroe County, Florida.
November 24th & December 1st,
1996
Serving the Florida Keys
P.O. Box 1197 • Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8240
STATEMENT OF PROOF OF PUBLICATION
LISPS #905580
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared DAVEE DOVE, who on oath, says that she is
CLASSIFIED EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising
published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad.
IN THE MATTER OF NOTICE OF INTENTION
IN THE Court, was published in said newspaper in the issues of 11/21 and 11/28/96.
Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,
Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement;
and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount,
rebate, commission or refund for the purpose of securing this said advertisement for publication in the said
newspaper.
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS 28TH DAY OF NOVEMBER A.D. , 1996
NOTARY PUBLIC
OFRCIAL NOTARY S AL
CAROL E DOUVRES
MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF FLORIDA
COMMI9BION NO. 5
MY COMM 66ION EV E IW
f
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM 1T MAY CONCERN ;
that on Wednesday, December 18, 1996, at10:00.a.m. at the Marathon ,
Government Center, 2798 Overseas Highway, Marathon, Monroe Coun-
ty, Florida, the Board of County Commissioners of Monroe County,
Florida; intends to consider the adoption of the following County ordi-
nance:
ANORDINANCEAMENDINGORDINANCENO.051-1996BY .
CHANGING THE WHALE HARBOR CHANNEL BOATING RE-
STRICTED AREA FROM BEING IN EFFECT ONLY SEASONALLY
TO BEING IN -EFFECT. ALL YEAR; PROVIDING FOR
SEV ERABI ITY; PROV IDING FOR REPEAL 6F ALL ORDINANCES
INCONSISTENT HEI;EWITH;PROVIDING FORINCORPORATION
INTO THE MONROE COUNTY CODE OF ORDINANCES; AND,
PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that
if a person decided to appeal any decision made by the Board with respect
to any matter considered,at such hearing or meeting, he will need a record
of the proceedings, and that, for such purpose, he may need to ensure that
a verbatim record of the proceedings is made, which record includes the
a testimony.and.evidence-upon..which-the appeal -is to -be -based:— --
-Copies' of thivabove`-iefeienced ordinance are`available for review
at the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 18th day of November, 1996. -
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
Board of county Commissioners
of Monroe County, Florida
Published: 11/21 and 11/28/96
The Reporter .
Tavernier, FL 33070
joA-10 Z t, CzuWrj
\
y��l.i�},���N)j?iR.�NI�'�`Y�:iWf• I�fi l�j,��v
I EN
Published Daily
Kev West, Monroe County, Florida 33040
Wl'hIM4! J S hZ,NV
STATE OF FLORIDA
COUNTY OF MONROE.-
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is Advertising Manager of the Key West Citizen; a daily newspaper published
at Key West in Monroe County, Florida, that the attached copy of the advertisement, being
a legal notice
in the matter of Nt c �� /I�( rtr / ikl i C-OJ Md Q 0-4 r AIP
� T CC DEC 18
No osI — 155Is.
in the 13 court, was published in said newspaper in the
issues of Noi 2-`1 % Dtt r I796
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) and has been entered as second-class mail matter at the post office in
Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first
publication of the attached copy of advertisement; and affiant further says that he has nei-
ther paid nor promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said news-
paper.
(Signatur(- of Affiant)
Swum Is)
�lnd :iUII)(r(l I'r.I()1(, 11)(' I1
1
1`, _ll 'lr ul
(Signalure of Notm-y PtiNir.)
(N.rm(, of NOl;Iry Ptjhhi I
I'rrI ,r)n illy Known ✓ OI I'rOdu(:('d Id(�nllflc;111orl ""91..,2 Teresa Gayle Darling
_.: MY COMMISSION N CC585942 EXPIREE'
r a September 17, 2000
I y f 1 �) I I (� (' I l I f I C 1 l IO I I I' IO 0 I) t ,' ' (J BONDED THRU TROY FAIN INSURANCE, INC.
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY. ;
- ORDINANCE
NOTICE"IS HEREBY -'-GIVEN TO -
WHOM" IT MAY' CONCERN that on
Wednesday, December 18, 1996, at
10:00.a.m. at the Marathon Govern- '
ment Center, 2798 Overseas High-
way, Marathon, --Monroe County,
Florida intend6 to consider the adop-
tion of the following County ordi-
nance:
AN ORDINANCE AMENDING ORDI-
NANCE NO: 05111996 BY CHANG-
ING WHALE HARBOR CHANNEL
i BOATING RESTRICTED AREA
FROM BEING IN EFFECT ONLY
SEASONALLY TO BEING IN EF-
FECT ALL YEAR; PROVIDING FOR
SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH; PRO-'
VIDING FOR INCORPORATION
INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND
j PROVIDING AN EFFECTIVE DATE.
p . Pursuant to Section ,286.0105, Flor-
ida Statutes, notice is given'that if a '
person decided to appeal any, deci=
E sion made by the Board with respect
to any matter considered at such .
hearings or meetings, he will need a
record of the proceedings, and that,
for such purpose, he may need to. en-
sure that a verbatim _record of the.
# proceedings is: made, • which record .,
includes the testimony and evidence .
c upon which the appeal is to be
based.
Copies of the above -referenced ordi-
nance are available for review, at the
various public libraries in Monroe
Countyi Florida.
Dated at Key West, Florida, this 18th s
day of November, 1996.
DANNY L. KOLHAGE; Clerk of the
Circuit Court and ex officio Clerk of
the Board of County Commissioners
`of Monroe County, Florida.._
November .24th &' December 1st, _
1996 ___
I
'PROOF OF PUBLICATION T
THE FLORIN 4 KEYS KEYNOTER _
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
Tom Schumaker M who on oath, says that he/she i
Before the undersigned authority personally appeared _____,,,____who Y
Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
M� in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being NOtice of INtention
to Consider Adoption of County ORdi.nance RE: Amend Ord-51-1996 in the
IN THE MATTER OF:
Court was published in said newspaper in the issues of
Nov. 23,, Dec. 7, 1996
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news-
paper has heretofore been continuously published in said MONROE COUN-
TY, FLORIDA. twice each week (on Wednesday and Saturday) and has been
entered as second class mail matter at the post office in MARATHON, in
said MONROE COUNTY, FLORIDA, for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant fur-
ther says that he has neither paid nor promised any person, firm, or corpo-
ration any discount, rebate, commission or refund for the purpose of secur-
ing this advertisement for publication in the said newspaper. (SEAL)
v Nt�rk�ri My Comm atp. 4/28100
So11ded By Sef iir3lns
(Seal) 6ua.C�b11a7
a�yr at tcvn 11 CUtXL 06
SWORN TO AND SUBSCRIBED BEFORE ME THIS loth
DAY OF December A.D. 19 96
no_ 3085100-.
'NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
' COUNTYORDINANCE
—NOTICE. IS- HER�BY4GIVEN TO
`WHOM IT MAY CONCERN that.
Fori';:Wednesday, December 18,,
1 1996 at 10:00 AM at the Mara-.
thon.Government Center, 2798
I •OVerse'as'-Highv�ay, `-Marathon,
'Monroe.,-iCounty;, Florida, the
Board of County ,Commissioners,
of .Monroe County, Florida, in-
tends to consider the adoption of
..tile following County ordinance::
ORDINANC AMENDING,
OROfNAryCE NO: 051-1996 BY
CHANGING.THE WHALE.HAR
"BOFt ;CHANNEL: BOATING RE
S1'RICTED AREA,. FROM: BEING
IN.„EFFECT ONLY. SEASONALLY
TO.BtING IN EFFECT ALL YEAR:!
,'PROVIDING FOR<,SEVERABILI-i
T� ' PROVIDING FOR THE RE-;
4 .PEALOFjALL ORDINANCES IN-!
CONSISTENT HEREWITH; PRO
VIDING. FOR. INCORPORATION I
INTO- THE MONROE COUNTY
CODE OF ;ORDINANCES; AND
PROVIDING - AN EFFECTIVE
-DATE.
Pursuant to Section 286.0105,'
Florida Statutes,, -notice is given:
that ifa person 0 'cided;to appeal:
any decfsfon.made"tiV th6 Board.
with respect to any matter con-
sf'dered-at such hearings or meet-
irigs; he will need,a record of the'
proceedings, and that Jor such.;
purpose. he -may need to ensure
that a verbatim' record of the pro-`
ceedings is made, which record;
includes the testimonyt and evi-.'
I den.6,upon which the"appeal is.
to be based. -
.,Copies of the above -referenced!
ordinanoe'',are;available foi review
at the ,.yarious pu6Jfc lib�anes in•.
j "Monir eCobrity Florida:
Dated at Key West Florida this
18th"dayofWbJefii e`, 1996.
I DANNYLKOLHAGE,'
Cl�
f erk of the Circuit Couit"
and ex officio Clerk • of the Board
of County Commissioners of
Monroe County, Florida
Putili'shsNov. 23. Dec. 7, 1996 -
•' Florida Keys Keynoter - }