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.
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•
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~... A...o..'9"
(, 7'_/ ~~
NOTARY PUBLIC
." ,_;~ ~ t ,~\ ~
MY COMMISSION EXPIRES: ~(~i;"~/::'lr"'['~':':k'L"':').~)~~('~l
BU~()[ ,