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Ordinance 003-1988 Commissioner Jerry Hernandez ORDINANCE NO. 003-1988 AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA, PROVIDING FOR THE CREATION OF COUNTY BEACH AND SHORE PRESERVATION AUTHORITY DISTRICTS; PROVIDING FOR THE CREATION OF COUNTY BEACH AND SHORE PRESERVATION AUTHORITY DISTRICT ADVISORY BOARDS; PROVIDING FOR MEMBERSHIP OF SAID ADVISORY BOARDS; PROVIDING FOR THE FUNCTIONS, POWERS, AND RESPONSIBIL- ITIES OF SAID AUTHORITY DISTRICT ADVISORY BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCORPO- RATION IN THE MONROE COUNTY CODE; AND PROVID- ING FOR AN EFFECTIVE DATE. tffiEREAS, Florida Statutes, Section 161.25, gives the Board of County Commissioners of Monroe County, Florida, the power to establish a beach and shore preservation authority, and WHEREAS, the Board of County Commissioners of Monroe County, Florida, on November 17, 1987, created the Monroe County Beach and Shore Preservation Authority to carry out the Beach and Shore Preservation Program, and WHEREAS, Florida Statutes, Section 161.31, gives the Board of County Commissioners of Monroe County, Florida, the power to establish County Beach and Shore Preservation Authority Dis- tricts, and WHEREAS, the Board of County Commissioners of Monroe County, Florida, has determined that there is a need for such County Beach and Shore Preservation Authority Districts, now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Section 1. Pursuant to Section 161.31, Florida Statutes, there is hereby created four (4) separate and distinct County Beach and Shore Preservation Authority Districts within the boundaries of Monroe County, Florida. Section 2. Monroe County Beach and Shore Preservation Authority District No. 1 shall comprise all of the territory within County Commissioners District No. 1 of Monroe County and all of the territory within County Commissioners District No. 3 of Monroe County, Florida. Section 3. Monroe County Beach and Shore Preservation Authority District No. 2 shall comprise all of the territory within County Connnissioners District No. 2 of Monroe County, Florida. Section 4. Monroe County Beach and Shore Preservation Authority District No. 3 shall comprise all of the territory within County Connnissioners District No. 4 of Monroe County, Florida. Section 5. Monroe County Beach and Shore Preservation Authority District No. 4 shall comprise all of the territory within County Commissioners District No. 5 of Monroe County, Florida. Section 6. Districts established under the provisions of this Ordinance shall constitute public bodies corporate and politic, exercising public powers and all other powers and duties incident to such bodies. Section 7. The Board of County Connnissioners shall serve as the governing body of all Districts created under the Monroe County Beach and Shore Preservation Authority. Section 8. Each District established under the provisions of this Ordinance shall have a District Advisory Board whose functions, powers and responsibilities shall be set and defined by the Board of County Connnissioners. Section 9. Each District Advisory Board shall be composed of five (5) individuals and shall be appointed as follows: District 1 -- a member appointed by the Key West Chamber of Commerce Board of Directors; a member of the Monroe County Connnission and so designated by the Monroe County Connnission; a member of the City Connnis- sion of the City of Key West and so designated by the City Connnission of Key West; a non-public official appointee of the Mayor of the City of Key West; and a non-public official appointee of the Mayor of Monroe County. Appointees to 2 said Advisory Board shall be residents of District 1. District 3 -- A member appointed by the Marathon Chamber of Commerce Board of Directors; the County Commissioner representing County Commissioners District No. 4 of Monroe County, Florida; a member of the City Commission of the City of Key Colony Beach and so designated by the City Commission of Key Colony Beach; a non- public official appointee of the Mayor of the City of Key Colony Beach; and a non-public official appointee of the Monroe County Commissioner representing County Commissioners District No.4, Monroe County, Florida. Appointees to said Advisory Board shall be residents of District 3. Districts 2 and 4 -- Each Advisory Board shall have two members appointed by the Chambers of Commerce in their respective districts; the County Commissioner representing the County Commissioners District of Monroe County, Florida, which comprises the territory of the Authority District; a non-public official appointee of the County Commissioner representing the County Commissioners District of Monroe County, Florida, which comprises the territory of the Authority District; and a non-public official appointee of the Mayor of Monroe County, Florida. Appoin- tees to said Advisory Board of District 2 shall be residents of District 2, and appointees to said Advisory Board of District 4 shall be residents of District 4. 3 Section 10. Pursuant to Section 161.31(2), Florida Statutes, a.nd until such time as the Legislature amends the Florida Statutes, members of the District Advisory Boards shall have no definite term of office, but shall serve at the pleasure of the Board of County Commissioners. Section 11. 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 12. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 13. 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 14. This Ordinance shall take effect immedi- ately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this Ordi- nance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the S!::J, day of Jaau-t........" A.D., 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By g~,...? a al.rman (SEAL) Attest:DANNX L. KOLHAGE, Clerk --b2.L ~ ~. f;.~ CYer ' t\PPR ED AS TO FORM '\ A ~L SUFFlCIEIvCY. J' /) t I 11'1'/ / , \.JbL - , BY / AIt,',".".. Office 4, 4 ADOPTED: 1-,5"- f8' FILED WITH SECRETARY OF STATE: EFFECTIVE DATE: /-/3-St I-II.. tB' 5 :- ,. NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY OP~INANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, January 5, 1988 at 3:00 P.M. in Courtroom "B", 500 Whitehead Street, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1988 AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA, PROVIDING FOR THE CREATION OF COUNTY BEACH AND SHORE PRESERVATION AUTHORITY DISTRICTS; PROVIDING FOR THE CREATION OF COUNTY BEACH AND SHORE PRESERVATION AUTHORITY DISTRICT ADVISORY BOARDS; PROVIDING FOR MEMBERSHIP OF SAID ADVISORY BOARDS; PROVIDING FOR THE FUNCTIONS, POWERS, AND RESPONSIBIL- ITIES OF SAID AUTHORITY DISTRICT ADVISORY BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCORPO- RATION IN THE MONROE COUNTY CODE; AND PROVID- ING FOR 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 hearings or meetings, 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 testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 7th day of December, A.D. 1987. DANNY L. KOLHAGE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) THE KEY WEST CITIZEN Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA) SSe COUNTY OF MONROE) Before the undersiged authority personally appeared......... .. -r'\o.' . !1.."U. !1urr~~on , who on oath says that he is .......... ;\G.'lj~rti5ir:L !IIan,:.lger of the Key West Citizen, a daily news- paper published at Key West in Monroe County, Florida; that the attached copy of advertisement, being a lbG AL !:C'rICX in the matter of Ch~J1o~ ~ C+ ~ P1 ~ Uc::et.-~~ was published in said newspaper in the issues of On.c. } 0 ( /'/;1Cf61 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 pub- lished in said Monroe County, Florida, each day (except Saturdays) 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 one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that he has neither 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 newspaper. SWORN this jJ#A/LN~~ day of .~J--- 19 ;;7. (SEAL) I;' ~." . AN~~~e /<1 COMMISSION EXPIRES: NOTICE OF INTENTION ' TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN.that on Tuesday, January 5, 1988 at 3:00 P.M. in Courtroom "B", 500 Whitehead Street, Key West,- Monroe County,Florida,•the Board of County Commissioners of Monroe County, Florida, intends to consider, the adoption of the following County ordinance: — — ORDINANCE NO. -1988 I - - - - - AN ORDINANCE OF THE COUN- TY OF MONROE, FLORIDA, PRO- VIDING FOR THE CREATION OF COUNTY BEACH AND SHORE PRESERVATION AUTHORITY ; DISTRICTS; PROVIDING FORM THE CREATION OF COUNTY BEACH AND SHORE PRESERVA- TION AUTHORITY. DISTRICT AD- VISORY BOARDS; PROVIDING • FOR MEMBERSHIP OF SAID AD- ' VISOR'? BOARDS; PROVIDING FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF • SAID AUTHORITY DISTRICT AD- . VISORY BOARDS; PROVIDING FOR SEVERABILITY; PRO- ! VIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRO-) VIDING FOR, INCORPORATION i IN THE MONROE COUNTY CODE; I AND PROVIDING FOR AN EF- FECTIVE{ DATE. i Pursuant to Section 286.0105,i • 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 1 such hearings or meetings, 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,_-__ _- --- — -- --- - - - _= I which record includes the testimony; and evidence upon which the appeal I f is to be based. Copies of the above-referenced or- dinance are available for review at! the._yarious—public.--libraries—ink Monroe County,Florida. I DATED at Key West, Florida,this 7th day of December,A.D.1987. DANNY-L..KOLHAGE.� Clerk of the Circuit Court1 of Monroe County,Florida] and ex officio Clerk of thel Board of County Commissioners of Monroe County,Florida; _ Dec.10,17,1987 _ t -o SENDER: Complete it - 3 and 4. _ - �;O"space on the 18 7 o put your address in the of is T p-593 085 - 3 reverse side.Failure to do this will prevent this card from being returned to you.The return receipt fee will provide ou the name of the person delivered to and the date of ��C�9PT �� �EF{TlF�ED MAIL ▪ deliver .For additional foes the following services are NO INSURANCE COVERAGE PROVIDED • available.Consult postmaster for fees and check boxles) C NOT FOR COVERAGE P VIL for service(s)requested. (See Reverse) ND 1. ❑ Show to whom,date and address of delivery. coSent to °i co Mrs. Liz Cloud, Chief 2. ❑ Restricted Delivery. to Street and No. The Capitol al 3. Article Addressed to: O Mrs. Liz Cloud, Chief n P.O.,.Slate and ZIP CodFL 32301 c� Tallahas s► — Bureau of Admn Codand Lawse � ::::: e_ �� --- Tallahassee � Department of State`;fs, The Capitol � �� ���� , FL 32301 • '= Article Number i . Specie eryAAMIN 4111.111 9 4. Type of S rvice: -t � ❑ Registere CI Insured P 593 085 187 Restrict t..eliver -• xi Certified ❑ COD p ❑ Express M it -ter Return Receipt showing WM•• g or agent and to whom and Date Delivered m. Always obtain signature of addressee_ 9e N DATE DELIVERED. °? Return Receipt showing to whom r Date.and Address of Delivery TOTAL Postage and Fees fD -o N 6. Signature-Age O •Postmark or Date • -.I • ym 7. Date of Delivery ' E JAN 141988 4. ° YC Sj'r a r ee r., i oN. Z 8. Addressee's Address(ONLY f 4 MI m • rn • PROOF OF PUBLICATION • • • THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF MONROE ) Before the undersigned authority personally appeared CHARLOTTE SIKORA ,who on oath, says that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaperpublished at Marathon; in Monroe County, Florida; that the attached copy of advertisement, being a Notice of Intention " - - IN THE MATTER OF Adoption of County Ordinance , County Beach in the • Court,was published in said • newspaper in the issues of Dec 1 6 ,2.3 , 1 9_8 7 • Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- • - ' NOTICE OFINTENTION TO CONSIDER ADOPTION OFi thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously -"COUNTY ORDINANCE NOTICE IS- HEREBY GIVEN/ published in said Monroe County, Florida, each week (on Thursday)and has been entered as second - that von��Tul Tuesday, January R5! 1988 at 3:00 P.M.an Courtroom' • West SMonroe�County�r Florida) class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one t Intends to consider the adoption of the following County ordi-I nance: year next preceding the first publication of the attached copy of advertisement; and affiant further ORDINANCE NO.-1988 AN ORDINANCE OF THE says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, coin- COUNTYLI OF PROVIDING • FOR THE CREATION OF COUNTY BEACH AND mission or refund for the purpose of securing this advertisement for publication in the said newspaper. SHORE PRESERVATION AUTHORITY DISTRICTS' CREATION OFOCOUNTY S` • BEACH AND SHORE PRESERVATION AU- THORITY DISTRICT ADVI- SORY BOARDS• PRDVI- j. OF FOR MEMBERSHIPISORY OF ' SAID ADVISORY • BOARDS; HER PROVIDING FuNTIIOS ERS, AND RESPONSIBILI- TIES OF SAID AUTHORITY DISTRICT ADVISORY SWORN TO AND UBSCRIBED BEFORE ME THIS22 BOARDS;PROVIDING FOR ING FOR' AL PROVID- ING FOR . .ALL ORDI- •p/� .NANCES ,.OR PARTS OF": DAY OF, A.D. 19 / ORDINANCES IN .PRO-.� FLICT HEREWITH- PRO-. /J (fit VIDING.FOR INCORPORA- jt // J PROVTY TCODMONROE ONAE- 1' / FECTIVE DATER , :EF- Pursuant .to Section 286.0105, • `� NO_I: Y p.9 I - tht Floridafperson, ide is given, J LIC=S1AjE OFF that it a person decided to ap - pY (?NNISS" _ LORIDA peal'any decision made by the hT8'EXP. AUG 26, Board with,respect to,any-mat- - OONDEp j�1RU �EHER 19$0 ter considered at.such hearings ^ n AL INS. or of the proceedings,he i and a rep UND, • ord of the and that,1 for such purpose, he may need to ensure that a verbatim records • of the proceedings Is. made; which record Includes the testa-' mony and evidence upon whicee the appeal is to be based. Copies of the above-referenced ordinance are available for re; • - ' view at ,the various -public U-- • braries in Monroe County,Flori- da. DATED at Key West, Florida, this 7th day of December, A.D. 1987. ' DANNY L.KOLHAGE Clerk of the Circuit Court - of Monroe-County,Florida' • and ex officio Clerk of the • Board of County Commissioners of Monroe County,Florida • Publish:Dec.16 23,1987 • i Florida Keys keynoter • D (�� D3 - • __ ,--- -�--- ----- ? NOTICE OF INTENON TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE'IS HEREBY GIVEN TO WHOM IT MAY CONCERN THAT ON Tuesday,January 5,1988 at 3:00 p.m.in Courtroom"B",500 Whitehead Street, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County,Florida,intends to consider the adoption of the following County • ordinance: ORDINANCE NO: -1988 AN ORDINANCE OF THE COUNTY OF MONROE,FLORIDA,PROVIDING FOR THE CREATION OF COUNTY BEACH AND SHORE PRESERVATION AUTHORITY DISTRICTS;PROVIDING FOR THE CREATION OF COUNTY BEACH AND SHORE PRESERVATION AUTHORITY DISTRICT ADVISORY BOARDS;PROVIDING FOR MEMBERSHIP OF SAID ADVISORY BOARDS; PROVIDING FOR THE FUNCTIONS,POWERS,AND RESPONSIBILITIES • OF SAID AUTHORITY DISTRICT ADVISORY BOARDS;PROVIDING FOR SEVERABILITY; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR INCORPORATION IN THE MONROE COUNTY CODE;AND PROVIDING FOR 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 hearings orr.setings,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 testimony and evidence upon which • the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County,Florida. •, DATED at Key West,Florida,this 7th day of December,A.D.1987. DANNY L.KOLHAGE • Clerk of the Circuit Court L i of Monroe County,Florida , and ex officio Clerk of the Board of County Commissioners i of Monroe County,Florida • Published:12117&12124/87 The Reporter n . Tavernier,FL 33070 - 1.9annp I. Itolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON. FLORIDA 33050 TEL. (305) 743-9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL, (305) 294-4641 January 11, 1988 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY. FLORIDA 33070 TEL, (305) 852-9253 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Florida 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 003-1988 providing for the creation of County Beach and Shore Preservation Authority Districts; providing for the creation of County Beach and Shore Preservation Authority District Advisory Boards; providing for membership of said Advisory Boards; pro- viding for the functions, powers and responsibilities of said Authority District Advisory Boards; etc. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on January 5, 1988. Please file for record. Very truly yours, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners -By: Rosalie L. Co Deputy Clerk cc: Municipal Code Corporation Mayor E. Lytton Commissioner W. Freeman Commissioner J. Hernandez, Jr. Commissioner M. Puto Commissioner J. Stormont County Attorney Co~ Administ:ato: vPllE! f' s q S o'?s 1<6 r ,~ .~,'-' FLORIDA DEPARTMENT OF SlATE Jim Smith ;""( [('1&\ 01 Sid\(' Dorothy W. Joyce Division Director January 14, 1988 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Connolly, D. Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of letter/s of January 11, 1988 and certified copy/ies of Monroe County Ordinance(s) #88-3 & 88-4 2. Receipt of relative to: County Ordinance(s) (a) which we have numbered (b) which we have numbered 3. We have filed ~~/these ordinances in this office on January 13, 1988. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. s~::e~y~ L~~d, Chief Bureau of Administrative Code LC/ mb DIVISION OF ELECTIONS, Room 1801, The Capitol, Tallahassee, Florida 32301 (904) 488.7690 PROOF OF PUBLICATION STATE OF FLORIDA BOX 1197~ TAVERNIER~ FL. 33070 COUNTY OF MONROE Before the undersigned authnrity personally appeared , who on oath, says that he is DAGN'Y wOLFF EDITOR & PUBLISHER of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida; that the attached copy of advertisement, being a LEGAL NOTICE IN THE MATTER OF NOTICE OF INTENTION Court, was published in said newspaper in the issues of -.l2.::l7 & 12-24-87 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 he 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. in the SEAL SWORN TO ME THIS ~ OAY~... 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