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Item Q2 * 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY " Meeting Date: April 16, 2008 - KW Division County Attorney Bulk Item: Yes - No ..lL Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: A public hearing for approval of an Ordinance to impose a ninth-cent local option motor and special fuel ("gas") tax. ITEM BACKGROUND: The County imposes a six-cent local option gas tax on motor fuel. The State mandates a County fuel tax on diesel fuel under FS 206.87 and the County gets a portion of that from the State. At the November 14, 2007 meeting of the BOCC, discussion was held concerning the depletion of the County's gas tax reserves due to increased costs, the state legislature's limitations on ad valorem taxation, and the inability of the County to continue to service the road and bridge system and to conduct critical renovations for bridges nearing their 50-year life span. Options were provided to the - BOCC to increase the gas tax or to levy special assessments. The BOCC directed staff to pursue the gas tax increase. PREVIOUS RELEVANT BOCC ACTION: Ordinance No. 16-1989 approving extension of the six-cent "gas" tax authorized by F.S. 336.025(1)(a). 12/19/2007 (Q-13) BOCC tabled to 2/20/2008 BOCC 2/20/2008 (P-2) BOCC denied request to hold Public Hearing 3/19/2008 (N-I5) BOCC approved advertisinglholding Public Hearing 4/16/08 in Key West CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes - No - COST TO COUNTY: None SOURCE OF FUNDS: N REVENUE PRODUCING: Yes...lL No - AMOUNT PER MONTH_ Yeal' $500,000 APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # ORDINANCE NO. - 2008 AN ORDINANCB IMPOSING A "NINTH-CENT" LOCAL OPTION MOTOR FUEL TAX, AS AUTHORIZED BY F.S. 206.41(1)(d) AND 336.021, UPON SUCH FUEL SALES IN ALL OF MONROE COUNTY, INCLUDING THE MUNICIPALITIES THEREIN, FOR A PERIOD OF THIRTY YEARS UNLESS EARLIER REPEALED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR A METHOD OF COLLECTION OF THE TAX AND REMISSION OF THE PROCEEDS; PROVIDING THAT THE PROCEEDS MAY ONLY BE SPENT FOR TRANSPORTATION EXPENDITURES AS DEFINED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Statute Section 206.41(1)(d) authorizes counties to impose a tax of one cent per net gallon on motor fuel, known as the "ninth-cent" fuel tax to be levied and used as provided in F.S. 336.021; and .- .". WHEREAS, Florida Statute Section 206.87(1)(b) mandates a "ninth-cent" fuel tax to be levied on diesel fuel, to be levied and distributed according to F.S. 336.025; and WHEREAS, the County has been receiving from the State a distribution of the mandate fuel tax on diesel fuel; and t WHEREAS, current gas tax expenditures cover Maintenance, Engineering, Street Lights and Traffic Signal, distribution to municipalities, 7-year plan and cost allocation; WHEREAS, the gas tax fund balance has been steadily declining since FY 2001 due to annual expenditures exceeding annual revenues; and WHEREAS, Momoe County maintains 389 miles of roads in the unincorporated county and resurfaces those roads as needed; WHEREAS, there are 28 bridges in the unincorporated county which are maintained by the County and most of those bridges were built in the 1960s with a 50 year life span; and WHEREAS, there are approximately 10 years left with no funds available for major renovations necessary to extend the useful lives of the bridges which are maintained by the County; WHEREAS, drainage systems need to be added or restored, requiring reconstruction and resurfacing of roads; and WHEREAS, road resurfacing has been temporarily delayed in some areas of the unincorporated county due to new sewer systems and resurfacing will be needed in the near future; and Ninth Cent Fuel Tax Ordinance 2008 1 WHEREAS, the County is seeking to enact an ordinance imposing an additional five (5) cents local option fuel tax to generate approximately $250,000.00 per penny (or $1,250,000.00) per year; and " WHEREAS, an additional ninth~cent local option fuel tax on motor fuel is needed to provide funding, particularly for the renovations of the bridges and other critical major renovations of roads; and WHEREAS, an additional ninth-cent local option fuel tax on motor fuel can be accomplished by a majority plus one vote of the BOCC or by an ordinance creating a referendum on the November 2008 ballot; and WHEREAS, implementation of an additional gas tax will spread the costs to both residents and visitors using the County's roads as opposed to special assessments which would place the full burden on County residents; and WHEREAS, unless a revenue source additional to the existing local option fuel tax can be secured, the current level of services will have to be reduced and the delay for needed road restorations and reconstructions and necessary revitalization of bridges will continue; now "- ""' therefore BE IT ORDAINED BY THE BOARD OF COUNTY COM1\flSSIONERS for MONROE COUNTY, FLORIDA that: "" SECTION 1. Section 2-321, Monroe County Code is hereby created to read: 2-321. NINTH-CENT MOTOR FUEL TAX. (a) IMPOSITION. Under the authority of F.S. 336.021(1)(A). effective _January 1. 2009. there is hereby imposed a one cent gas tax. to be designated the "ninth-cent fuel tax." upon every gallon of motor fuel sold in the County and taxed under the provisions of part I or part I1 of Chapter 206. Fla.Stat. (b) COLLECTION. The tax in this section shall be collected and remitted according to the procedure in F.S. 336.021. (c) EFFECTIVE PERIOD. The tax levied in Section 2-321 shall commence on January L 2009. and be in effect for a period of thirty (30) years, unless repealed by the Board of County Commissioners, provided that no repeal shall in any circumstances materially or adversely affect the rights of the holders of bonds backed bv the tax and outstanding on the effective date of the repeaL (d) EXPENDITURES. The proceeds of the tax shall only be used for transportation expenditures as defined by Florida Statute Section 336.025(7) and which are: (1) Public transportation operations and maintenance; (2) Roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of such equipment; (3) Roadway and right-of-way drainage; Ninth Cent Fuel Tax Ordinance 2008 2 (4) Street lighting~ (5) Traffic signs. traffic engineering. signalization and pavement markings; (4) Bri4.lge maintenance and operation: (5) Debt service and current expenditures for transportation capital projects in the foregoing program areas. SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid1 the same shall not affect the validity of this Ordinance as whole, or any part thereof1 other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 6. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida1 as an addition or amendment thereto, and shall be appropriately renumbered to .- conform to the uniform numbering system of the code. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on , provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. b SECTION 8. FILING CERTIFIED COPY WITH STATE. In addition to filing a copy of this Ordinance with the Department of State, the Clerk shall notify the Florida Departments Environmental Protection and Revenue of the adoption of the ordinance, including providing certified copies of the ordinance thereto, within ten days after the adoption of the ordinance. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _ th day of 12008. Mayor Charles "Sonny" McCoy - Mayor Pro Tern Mario DiGennaro - Commissioner Sylvia Murphy - Commissioner George Neugent - Commissioner Dixie M. Spehar - (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson Ninth Cent Fuel Tax Ordinance 2008 3 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, April 16, 2008 at 3:00 .P.M., or as soon thereafter as may be heard, at the Harvey Government Center, 1200 Truman Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE IMPOSING A "NINTH-CENT" LOCAL OPTION MOTOR FUEL TAX, AS AUTHORIZED BY F.S. 206.41(1)(d) AND 336.021, UPON SUCH FUEL SALES IN ALL OF MONROE COUNTY, INCLUDING THE MUNICIPALITIES THEREIN, FOR A PERIOD OF THIRTY YEARS UNLESS EARLIER REPEALED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR A METHOD OF COLLECTION OF THE TAX AND REMISSION OF THE PROCEEDS; PROVIDING THAT THE PROCEEDS MAY .- .-'. ONLY BE SPENT FOR TRANSPORTATION EXPENDITURES AS DEFINED HEREIN ; PROVIDING FOR SEVERABILITY ; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY C()DE 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 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. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you are hearing or voice impaired, call ''711 ". Dated at Key West, Florida, this 19th day of March, 2008. DANNY L. KOLHAGE, Clerk ofthe Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publication dates: Reporter (Fr) 3/28/2008 Keynoter (Sa) 3/2912008 KW Citizen (Su) 3/30/2008 @J--- NINTH CENT LOCAL OPTION GAS TAX ~ 389 miles of roads 24 bridges ~ Ninth cent will create $500,000 - $550,000 ~ Current Funding (Constitutional & Local Option Funding) Amount Annual Per Municipality Funding Lane Mile Islamorada $ 457,514 $ 5,813.39 Key Colony Beach $ 108,533 $ 6,783.31 Key West $ 1,237,847 $ 7,736.54 Layton $ 45,982 $ 7,663.67 Marathon $ 578,595 $ 4,975.02 Unin. County $ 3,592,009 $ 4,589.84 Total $ 6,020,480 $ 5,191.86 With Additional1c (estimated ,U537.000/yr.l Unin. County $ 4,129,009 $ 5,276.01 ~ PRQPOS~Q ~l~DGET REDUCTIONS: FY2009 Savings Close six (6) vacant positions $ 296,463 (6 FTEs from Road Dept) Reorganize three (3) FTEs $ 139,115 (from Road Dept. to Solid Waste Management) Reduce Road Department $ 170,720 (capital equipment account) Reduce Road Department J 400LOOO (capital outlay account) TOTAL REDUCnONS $ 1,006,298 I );> RECAP OF REDUCTIONS: FY2009: Reduce Road DeDartment by $606,298 or 19% Reduce In-House Paving by $400,000 or 100% );> E;FFECTS OF REDUCTIONS: Discontinues In-house paving crew; Shifts county-wide employees that work from Marathon base to the Upper and Lower Keys. );> RECOMMENDATIONS: Use reductions and the proposed 1, to build reserves to enable individual project planning as part of the "7 Year Plan"; Cautionary Note: According to a 2006 Report recently published by NACO, total highway spending by all governments increased 44.7% from 1987 to 2004; and 76.5% of highway miles remained local, as opposed to state (20.4%) and federal (3.1 %). Additionally, the report stated that nationwide only 10% of the local responsibilities for road-building and rehabilitation are funded by motor fuel tax. That means most other jurisdictions nationwide supplement motor fuel tax nine- fold from other revenue sources to meet their road responsibilities. 2 . ~ ' ~ >- C? ~ ;::; 0 ;:- ;u 'i1i, % ..". . .' \ -.0 n:::-:; ';;0 ~nt to l\8ClIOI1286.plb5, 'C:>r--"; 'l .... Stat.. notiCe Is gli<en that r:1 ?":.. ....,~ - . .........n deOIdedto appeal any ,"--j" c:> ....,., I1l.a48bylhe SOard with 00 ~toll!lYma~at ~: ~:.::-~. ~ ~sor. . he will =~-\~?," n~ a RlcOrd Of tha p~. q: all\l \!1S~ I9r SlJCh P!M'P9JS. he may -., U' "'"" to......""'" a\l8l1l(\tlm , _Of the. pnlCStdll\llS lamade. ~. (,.) y \NhIClIl1!ClC>l'llncludoa tha -.any and av~ upon WhIcl1 the ~ is to be haded. ADAA~ANCE:ltY<J<l...'a pStsOn wI/Ia"dI".pI/IIy wt!if;/lIIIIdS ~a~f17>"l' If, .:ItfQtJJef to patf/CIpIt"ln~ ~tllC1 HIii~h'l' A '. r's t;J[f!t>>, by Pfr6n/J1g (305) ~1. ~ ",.hours of 8:311. a.m. . S:IXJ p:m., 119 later lhaI.l,~ ;Working . pI10r '" ft1e ~(rI86ting; )( you lII8 bearing or volC6 1rnp8ked, caJl.711", . Datad all(ay West, Floride. this 19th dey Of March, 2008. DANNY L. KOLHAGE, Clam oIlhe Cln:U~ Court Q,.o.-- and "" 9ffJc;kl Clel1< of lheBoaril Of "~~1'- '. .... ........ 4/1(P/O~ ...... 'j. " ~~. -.- . TIle ""'''''' Only DriIrIy "\I. ~ .ftt'DI Cooke Communications. LLC Florida Keys STATE OF FLORIDA Marsha F. Kirkwood COUNTY OF MONROE Advertising Coordinator PO Box 1800 Before the undersigned authority personally appeared Randy G. Erickson, who Key West FI 33041 on oath says that he is Vice-President of Advertising Operations of the Key West Office... .305-292-7777 Citizen, a daily newspaper published in Key West, in Monroe County, Florida; Extension....... .x219 that the attached copy of advertisement, being a legal notice in the matter of Fax... ... .305.295-8025 -;;~~-~ ~ leaals@kevsnews.com INTERNET PUSLlSHING keywest.com keysnews.com f1oridakeys.com key-westcom was published in said newspaper in the issuers) of Web Design Services NEWSPAPERS 1lJ(2UA- 3tJ. .J-OcJF The Citizen Southernmost Flyer ./ Solares Hill Big Pine Free Press Mfiant further says that the Key West Citizen is a newspaper published in Key Marathon Free Press Islamorada Free Press West, in said Monroe County, Florida and that the said newspaper has heretofore Key largo Free Press Ocean Reef Press been continuously published in said Monroe County, Florida every day, and has Seaport Log been entered as second-class mail matter at the post office in Key West, in said MAGAZINE Monroe County. Florida, for a period of I year next preceding the first The Menu Home Guide publication of the attached copy of advertisement; and affiant further says that he Citizen local's Guide Paradise has neither paid nor promised any person, firm or corporation any discount, Keys TV Channel Guide rebate, commission or refund for the purpose of securing this advertisement for MARKETING SERVICES publication in the said newspaper. fi1~ Commercial Printing Citizen Locals Card Direct Meil FLORIDA KEYS OFFICES Printing I Main Facility Signature of Affiant 3420 Northside Drive KeyWest,FL Sworn and subscribed before me this3J~y Of.~/A 33040-1800 Tel 305-292-7777 Fax305-Z94-0768 ,2008. citizen@keywestcom Internet Division 1201 \foJhite Street (Suite 103) Key West, Fl Notary Public: 33040-3328 Tel 305-292-1880 Fax 305-294-1699 ??:~~ sales@keywest,com Middle Keys Office 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050.3342 Expires: September 15,2009 Notary Seal Tel 305-743-8766 Fax 305-743-9977 .~ navigator@floridakeys.com Upper Keys Office . 81 549 Old Hwy PO Box 469 Is/amorada, FL (MM81.5) 33036..Q469 ;)1>'; ~ T &1 305-664-2266 Fax30~-8411 ;' .1 freepress@floridakeys.com .~ Ocean Reef Office '.1"'" '''-''-;,;-'''''" 3A Barracuda Lale Key Largo, FL 33037 Tel 305-367-4911 Fax 305-367.2191 Personally Known Produced Identification x Type of Identification Produced ~.~n.e..- indR.~effngs. hellV/ll FLORIDA KEYS *.. "c~j:jI'lhe.." rn~I~111 ., '. . aritf......l1!" ,. .. , ....... ,;~. . '. .. I. . S . he- "" ". ". ...., ". . "" '. .... , ."...,,, '_::.;0/\ (;5\ '?/l :\q('1 ('3\0\1"" /{'z' r", 11''\ fk. "E. .nsurethllf..~_ Yo.. = >J .,.,1."'1" ~''l ',,' "Ce.;?";', b~' of....;.;.~, . \,' ',' ;' ! 'I"".. " I." " \ ...... . u_,.,_ ..."......... I.... ".. \...... ...~ ..... '...0 '- ".-' ceedongs IS made which Published Twice Weekly . ~~~ Marathon, Monroe County, FlOrida which the lrppe,,/is to be ba,ed .' ". .. . .' ADAASSISl'ANGe'Jf PROOF OF PUBLlCATIQN x!'u are a person With a . d'sabilllyV/honeeds spe' . ciat_lTlO<IiItlon$ln STATE OF FLORIDA No. 5565900 . ordertO!"'rtlcipalein~~S COUNTY OF MONROE .. ....."..........i .~~s- Before the undersigned authority person- if .~,;"!,iiJii05,;":~tZ ally appeared WAYN~ MARKHAM who on '::~~.:t:. oath, says that he is PUBLISHER of the than~working<h!)'llPrior FLORIDA KEYS KEYNOTER, a twice :~!i~3:;::==~ weekly newspaper published In Marathon, lIOk:eimpalred, call. '. ~r In Monroe County, Florida: that the .Oate,ialKey Wesl attached copy of advertisement was Florida. this 19l11 dSyc;>f published in said newspaper in t7e is ues March '.~908..' .' ,. of: (date(s) of publication) OANNYL. KOlHAGE, ~ CierkoftheClrcuffCourt \... I 8 q f1{)() and ex ofIIc.iO Cle. rk oflhe . r, J . BoaA:I of County Commissioners of. MOIU'Of>~.ty. fOlorIda Pub/lShmarcti tllt, 2008 Affiant further says that the said FLORIDA 1'IoridaKtiy$1<e_ K~YS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a periOd of one year next preceding the first publication of the attached copy of advertisement. The 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(s) and 2;; that The Florida Kevs Kevnoter is in full ;;1;) comoliance with Chaoter 50 of the Florida (;j State Statutes on Leoal and Official Adv i emen s. ~ . 1 ~ c) en ~;o ':"'7 - '- Sworn to an this2LDa (SEAL) jl", ,,-:- /,J~a Notary " BEVERLY TRAEGER MYCOMMISSION#DD-"W34 ...."...4' EXPIRES: Apr. 18.2010 (407) -.0111 FlOl1da NcMtty sno..oom 'The Reporter :::::"'fI\"''''' . =:t.,!,."":""M . 'NOTIC.tOF~ i~MS1STANcE: If P.O. Box 1197. TavernIer, Flonda 33070-1197,.oCo-.llll!R ." ~__~wIlha (305) 852-3216 Fax: (305) 852-0199 .A!)<)P'TlQNQF. "'j! ..=r~:r.,e' cOUlil'\"fORblNANC ~",,~Inth~ PROOF OF PUBLICATION ,~~~'P ~~~m~I';.: 'MAY CONCERN that on ~.lr~~hO~: .Wedn~.ApI1I1lS, ..Ing "'"--"-~8"30 STATE OF FLORIDA .200..13:00p.M.,or....-~;;:,~ar COUNTY OF MONROE .oonlher:::~ =-~daYSPrlot ~="'tc._,... ,""""~.~dmaet- Before the undersigned authority personally 1200':~t .I.o'-'_~, ~~~~~::"~;'9or Key .t,~_ . appeared DAVID GOODHUE who on oath, says<:o,,~..F~lI!9 :'71.1:'. . that he is EDITOR of THE REPORTER, a weekIYB~~of~_:> . o.tIld"Iioq~.V-~FIori- newspaper entitled to publish legal advertising~ounty:fi:.:t..i!>....; t>.~l~~Of published at Tavernier, Monroe County, Florida: to:i:'e~~~~; . :.'!.n;h.,2 " that the attached copy of advertisement, being ~rdln~~~~'" . "+8IiIlNIlI!o'L'~~rt LEGAL NOTICE in said newspaper in the issueANORDINI<I>ICE....=r~IO.~~rkofthe of: =. . RtA'.,I'TfH... . ._.. a.iiii4oT, COURty.Com~ ce . LtJcJril:~.- -'IIlt n~.GfMlWtroe th 'MOTOR FUEL T4lIl'.; ~,FlorIda March 28 2008 AUTHORlZEDa1'l'.8. . ,_($ElQ:) . . .20l1..nmlcllANl!l";',. ~h' 03l28l0ll . . 338.021, LiPON SUCH ......:___ Affiant further s~ys that THE RE~ORT~R IS. aFUEL8.\LE8INAL~OWl :::::""-r;:FL.33070 newspaper published at Tavermer, In sald.~, Monroe County, Florida, and that the said ;PM;, . ." newspaper has heretofore been continuously ~~~:._ published in the said Monroe County, Florida, iLESSE.400:.u- each week (on Friday), and has been entered as:~J:,Y~NTY second class mail matter at the Post Office in ;COMIIInl8~8; T " 'd C t f M FI'd f ,PROVIOINGFORA aver!uer, In sal oun y 0 onro~, Orl a,. or iMETHOeOFCOLLEC_ a period of one year next preceding the first )TIONOFT~~ND publication of the attached copy of 'REMlSSIOlll' advertisement; and affiant further says that she :~~ has neither paid nor promised any firm, person, {~'!E or corporation any discount, rebate, ..T1QIoI.QP&M[)J. commission or refund for the purpose of .' '== securing this advertisement for publication in :~IIiI'J.'I; the said newspaper and that The Reporter is in ;~~ .', ~~ full compliance with Chapter 50 of the Florida__.~.._ State . Statutes 0 gal and Official~~ll'I_ Advertisements. /~. ',~~".l1ON .INT~ ~ ~.'r~ 3 c:> ~ -- NANcEll'ANI)PRO-!i yo ~ " VIDINO AN li!'nCTIYE $ ~ ,;: ';:'g 'DAT.E _ - C)~"":': ~ .'"1 Sworn to subscribed before me this 28 ~~SioCtIon r;,","',:' C; day of March 2008. 286.0105. Florida ., -;. ( ~ Statu notice fa yen ::7,7 ~. " , ~\,"1L 8 IWh,noJ e. : ~ Notary \ 3 _ d. i? (J iI yo' N I , I I I i .,_.__,__.__'__. ,"_M'_.__'. Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNI! MARKHAM who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, In Monroe County, Florida: that the attached copy of advertisement was ~ published in said newspaper in the issues of: (date(s) of publication) jlJ-L /)~ ;/'!- dMrY Affiant further says that the said FLORIDA KEYS KEYNOTER Is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each ..., = week (on Wednesday and Saturday) and 0 0 = -... ;l;> = :z: >- has been entered as a second class mail ~~=: .." matter. at the post office in Marathon, In r"q~-< :::0 - Monroe County, Florida, for a period of " U1 CJ("~' one year next preceding the first -0 pu bllcation of the attached copy of '---;':-j ::ll: ':j advertisement. The affiant further says ".C" ~ ""1 that he has neither paid nor promised any , c.n person, firm, or corporation any discount, ::.-..>- N rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Kevs Kevnoter is in full comollance with Chaoter 50 of the Florida State Statutes on Leoal and Officia I Advertisements. SWor this (SEAL) A /~ """~ BEVP.RLY TRAEGER ~_//~ ~.1 Myo-"MMISSION#DDj421Jol ,,,,, ' ' ",RES, .........2010 Notary 1407)-.0153 !oricIa NoWy S.wo..com ~"" . ..>.......- . . . . . . n.,..,... "-- OnIy.o.Jy t1~ .: ,....1.,. Cooke Communications, LLC Florida Keys STATE OF FLORIDA Marsha F. Kirkwood COUNTY OF MONROE Advertising Coordinator PO Box 1800 Before the undersigned authority personally appeared Randy G. Erickson, who Key West FI 33041 on oath says that he is Vice-President of Advertising Operations of the Key West Office... .305-292-7777 Citizen, a daily newspaper published in Key West, in Monroe County, Florida; Extension....... .x219 that the attached copy of advertisement, being a legal notice in the matter of Fax...... .305.295.8025 ?J~L ~~ Crn~~ U~ leaalsllilkevsnews.com INTERNET PUBLISHING keywesl.com keysnews,com floridakeys.com key-wBstcom was published in said newspaper in the issuers) of Web Design Services NEWSPAPERS 7j7 ~ ;J- fj .2C!qf The Citizen Southernmost Ayer SolarasHiJl Big Pine Free Press Affiant further says that the Key West Citizen is a newspaper published in Key Marathon Free Press Islamorada Free Press West, in said Monroe County, Florida and that the said newspaper has heretofore Key Largo Free Press Ocean Reef Press been continuously published in said Monroe County, Florida every day, and has Seaport Log been entered as second-class mail matter at the post office in Key West, in said MAGAZINE Monroe County, Florida, for a period of I year next preceding the first The Menu Home Guide publication of the attached copy of advertisement; and affiant further says that he Citizen local's Guide Paradise has neither paid nor promised any person, firm or corporation any discount, Keys TV Channel Guide rebate, commission or refund for the purpose of securing this advertisement for MARKETING SERVICES publication in the said newspaper. j)JYJ~ ~ Commercial Printing Citizen Locals Card DireclMail FLORIOA KEYS OFFICES Printing 1 Main Facility Signature of Affiant 3420 Northside Drive Key West, FL Sworn and subscribed before me this~a~ ~ 33040-1800 Tel 305-292-7777 Fax 305-294-0768 ,2008. cilizen@keywest.com Internet Division 1201 White Street (Suite 103) Key West, FL Notary Public: 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sales@keywest.com Marsha F. Kirkwood Middle Keys Office /f'~ 7F~/?/~ 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050-3342 Expires: September 15,2009 Notary Seal Tel 305-743-8766 Fax 305-743-9977 navigator@floridakeys.com "' -,,",c .',', Upper Keys Office 81549 Old Hwy 'f'-''''W).-,~,d' PO Box 469 Islamorada, Fl (MM81,5) ~b, ~ 33036-0469 'j t Tel 305-664.2266 Fax 305-664-8411 .} :' J')lv fraepresS@flOridakeys.C'.om , , r' ~ 'n, ~ Ocean Reef Office .r.'j'.",<,,! 3A Barracuda Lane ' ".- C"""", <"",;t:.c~,,:""""; Key Largo, FL 33037 Tel 305-3674911 Fax 305-367-2191 Personally Known x Produced Identification Q..~ Type of Identification Produced 4/Ju/og .4-. .-----, 1 . NOTICE OF INTENT TO CONSIDER ADOPTION OF COUNTY . . ,. ORDINANCE ELECTINGta,U METHODSer.THE UNIFORM METHOD •, , , ;,., COLLECTING NON-AD VALOREM-ASSESSMENTS . • - 1 . . . .,_ . . The Board of County Commissioners of Monroe County, Florida("the County")hereby provides notice, pursuant to Section,197.3632(3)(a), Florida Statutes, of its intent tO adopt a County Ordinance to use the, uniform method of collecting non-ad valorem special assessments to be levied within the Unincorporated area of Monroe County for the cost of providing fire protection services commencing the fiscal year beginning , -- -- : -,- •on October 1, 2008 and continuing each year until discontinued by the County.The-County will cOnsider the adoption of an Ordinnce electing to use-the uniform method of collecting such assessments authorized by .. _ -7- Section 1973632, Florida Statutes, at a public hearing to be held at 5:01 p.m.on April 16„2008 in the Commission Chambers,Harvey Government Center,1200 Truman Avenue,Key West,FL.,All interested . _ persons are invited to attend.' . . _ .. . 1 _ ::. Pursuant to Section 286.0-105,Florida Statutes,notice ie given that jf a person decides 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 1 , ! - - based. • . • • • •. , . . ' In accordance-with,the Americans with Disabilities Act, persons needing a special accommodation or an I • interpreter to participate in this proceeding should contact the County Administrator's Office by phoning(305) I 1 ' 292-4441 no later than seven(7)days prior to the date of the hearing: ' • . _ - II:--, • Dated at Key West, Florida this 26th day of March,2008. • , • • ' -i--1-: _,: • •. . , - , -- - DANNY L. KOLHAGE, Clerk of the Circuit Court • : . • ' , • and ex officio Clerk of the Board of County • . , • • , • . , . 'Commissioners'of Monroe County, Florida . . • . . .., ' . . KWC Friday,march 28,2008 . , . . . . 22i7225 . . •. , . - , . , ., X .." • C=i6 Cl C:3 c=) ^71 --- , , r....... M r—-..".-- Xs 11.---• •-•,--, CD c--,• C:3 d .7.---D....,- •","--... ,..W rri -• S:-••• co e.73 ,g 1.72D ca . . . , ��FLOAIDA KEYS . Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: •that the attached copy of advertisement was -- published in said newspaper in the issues of: (date(s) of publication)/ w"L /-" ,d/ze,A 979, Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each —7 week (on Wednesday and Saturday) and o has been entered as a second class mail ® -17 matter at the post office in Marathon, in -71 �r Monroe County, Florida; for a period of r•- oneyear next �'c-'• CFI - preceding the first c1 publication of the attached copy of '- ` ° ,.1 advertisement. The affiant further says • ry that he has neither paid nor promised any person, firm, or corporation any discount, r� rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Sworrkto an ub ed bef re me this Da of , , 2008 (SEAL) ? L4°7)39843153 EVERL,YTRAEGER_Y 'P M ISSIONSDD542134 Notary i. P,IRES:Apr.18,2010 !odds Notary ServkyCpm •.- NOTICE OF INTENT TO CONSIDER ADOPTION OF COUNTY - _, --ORDINANCE ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS ' ; The Board of County Commissioners of Monroe County,Florida ('`the County") hereby -- - ' provides notice,pursuant to Section 197:3632(3)(a),Florida Statutes,of its intent to adopt _ a County Ordinance to use the uniform method of collecting non-ad valorem special - 'assessments to be levied within the unincorporated'area of Monroe County for the cost of _providing fire protection services-commencing the fiscal year beginning on October 1, 2008"and continuing each=year until discontinued by the County.The County,will consider . —the adoption of an ordinance;electing to use the uniform.method of collecting-such f . `- assessments-authorized by Section 197.3632;Florida Statutes, at a public hearing to be " held at 5:01 p.m.on April 16 2008 in the Commission Chambers,Harvey Government - , s Center,1200 Truman Avenue,Key West,FL.All-interested persons are invited to attend. - _Pursuant to Section 286.0105;Florida Statutes,notice is given that if a'person deeides_to- .. T. 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 apnea is,t_ bebased._. - — In.accordance with the Americans with Disabilities Act,persons needing a special acconumoda- _ tion'or an interpreter to participate in this proceeding should contact the County Administrator's - Office by,phoning,_(305)292-'1'1M11 no,later than seven(7)days prior to the date of the hearing.'. : _ Dated at Key West,Florida this 26th.day of March,2008. - ; . e,,� DANNY L.KOLHAGE,Clerk of the Circuit Court and .,.._ f ex officio Clerk of the Board of County - Commissioners-of Monroe County,Florida Published Keynoter 3/29/08 , , — — RFCF�IE® 11 1°R 1 0 20nn �o NROFL,01.1 yqr r°RNey