Ordinance 037-1989
County Commission
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ORDINANCE NO. 037 -1989
AN ORDINANCE DECLARING THAT AN EMERGENCY
EXISTS AND WAIVING NOTICE BY A FOUR-FIFTHS
VQ1E; PROVIDING THE BOARD OF COUNTY COMMIS-
SIbNERS MAY NEGOTIATE AND CONTRACT WITH A
PR!VATE ENTITY FOR THE OPERATION AND MAINTE-
NANCE OF MONROE COUNTY CORRECTIONAL FACIL-
~~ES; PROVIDING FOR SEVERABILITY; PROVIDING
~F~ INCORPORATION INTO THE MONROE COUNTY
COOE; PROVIDING FOR THE REPEAL OF ALL ORDI-
NANCES INCONSISTENT HEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners has consulted
with the Sheriff and he is desirous of privatizing the correc-
tional facilities; and
WHEREAS, Monroe County is under federal and state court
mandates to speedily upgrade its correctional facilities; and
WHEREAS, the Board of County Commissioners has determined
that the most rapid way to upgrade the correctional facilities is
to privatize those facilities pursuant to Sec. 951.062, Fla.
Stat.; and
WHEREAS, time is of the essence in order to comply with the
court mandates; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
An emergency is hereby declared and notice
waived by a four-fifth's vote.
Section 2.
The Board of County Commissioners hereby
elects to proceed with the privatization of the Monroe County
correctional facilities under Sec. 951.062, Fla. Stat., and
negotiate and enter into a contract with a private entity for the
operation and maintenance of such facilities.
Section 3.
This Ordinance has been approved by a
four-fifth's vote of the Board of County Commissioners as
required by Sees. 951.062 and 125.66, Fla. Stat.
Section 4,
If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 5.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 6.
The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 7.
This Ordinance shall take effect when a copy
has been accepted by the postal authorities of the Government of
the United States for special delivery by registered mail to the
Department of State.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a
meeting of said Board held
on the~ day of November, A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ok~
, Mayorf{;Iu:Lidnan ,.;
(SEAL)
At tes t: DAt{-NX._~ ~Q4aA.G~l ~~
EFFECTIVE DATE:
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Attorn~y'.,-:_
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (3051 743,9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
, KEY WEST. FLORIDA 33040
TEL. (3051 294-4641
December 6, 1989
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (3051 852.9253
REGISTERED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and LawsR... 3()rJ _ tI'-I JA_ _J l / \
Department of State a I tu cxy~
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Emergency
Ordinance No. 037-1989 providing that the Board of County
Commissioners may negotiate and contract with a private
entity for the operation and maintenance of Monroe County
Correctional Facilities; etc.
This Emergency Ordinance was adopted by the Monroe
County Board of County Commissioners at a Special Meeting in
formal session on November 27, 1989. Please file for
record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board 0 County Commissioners
cc: Municipal Code Corporation
Mayor John Stormont
Mayor Pro Tern Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner Eugene Lytton
Commissioner Michael Puto
County Attorney Randy Ludacer
County Administrator Tom Brown
Sheriff Allison DeFoor
File
.SENDER: Complete Items' and 2 whan eddltlonal servlc.. ara d..lred, and complete Items 3
and 4.
Put your address In the "RETURN TO" SplICa on tha revarsa side. Fallura to do this will prevent this
card from baing returned to you. Tha return recalJilt fee will orovlda you tha Mma IIf tha Darson
~...." to and tha date of dallv,rv. For additional f_ tha follow ng servlc.. are avallabl.. Coneult
pOltrT.c'\.ter for fe81 and check box!..) for eddltlonalservlca<a) requ8lt8d.
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* U.S.O.P.O. '"7-178-268
DOMESTIC RETURN RECEIPT
P 017 802 819 ~C.
RECEIPT fOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
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· u.s.G.P,O, 1888-212-885
DOMESTIC RETURN RECEIPT
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
December 12, 1989
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida statutes,
this will acknowledge your letter of December 6, 1989 and
certified copies of Monroe County Emergency Ordinances No's.
89-36 and 89-37, which were filed in this office on December
12, 1989.
Sincerely,
~~&
Liz Cloud, Chief
Bureau of Administrative Code
LC/mb
hUNICIFAl ~JDl CORPGRKTiQN
Suppleunt Depar t.ent
PO Box 2235
Tallahassee, FL 32316-2235
Cc.de Supplelent No. 3FJRST
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We have received the following laterlal,
101 your assistance and cooperation.
Ordindnce No. 037-1989,
1-800-262 -CODE (Nati~nal)
1-aOO'342-CODE (Florida)
TO:
"5, Rosalie L. Connolly
Depch Clerk
"onroe County
P.O. Box 1980
Key Nest, Fl
BE
HA
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