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Ordinance 015-2009 ORDINANCE NO. 015 - 2009 AN ORDINANCE IMPOSING A "NINTH-CENff" LOCAL OPTION MOTOR FUEL TAX, AS AUTHORIZED BY F.S. 206.41(~)(d) AND 336.021, UPON SUCH FUEL SALES IN ALL OF MONROE COUNTY, INCLUDING mE MUNICIPALITIES THEREIN, FOR A PERIOD I OF THIRTY YEARS UNLESS EARLIER REPEALED BY THE BOARD OF!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 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 2009 W/O edits 5/18/09 KP Page 1 of 3 Pages 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 bricJges 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 COMMISSIONERS OF MONROE COUNTY, FLORIDA that: SECTION 1. Section 2-321, Monroe County Code is hereby created to read: Sec. 2-321. NINTH-CENT MOTOR FUEL TAX. (a) IMPOSITION. Under the authority ofF.S. 336.021(I)(A), effective January 1, 2010, 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 11 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 1, 2010, 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 by 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 mainte~ce; (2) Roadway and right-of-way maintenance I and equipment and structures used primarily for the storage and maintenance df such equipment; Ninth Cent Fuel Tax Ordinance 2009 W /0 edits 5/18/09 KP Page 2 of 3 Pages (3) (4) (5) (6) (7) Roadway and right-of-way drainage; Street lighting; Traffic signs, traffic engineering, signalization and pavement markings; Bridge maintenance and operation; Debt service and current expenditures for transportation capital projects in the foregoing program areas. I SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof: 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 ORJDINANCES. 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. EFFECTIVE DATE. This Ordinance shall take effect on May 20, 2009, provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of May, 2009. MayorGeorge Neugent Mayor Pro Tem Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers /,",;< c-~:(;om missioner Mario Di Gennaro :?:i;:~~((CI" \..ll.)', / "~ .(''1" ./ " j :;j v..-:\ /~ c:::-- ~i3 \, ,,<" /'?, '\~ !<;'<,~~>';I'1{ \." j 0 ,;,' ;,;"}.'t f '"",; ,;..,. \ :E ~'l,;" , ~:'~ ,.~"" fTl-<:Z ::0 ;.:-:; :5<!- ..Y.e.a.- Yes Yes Yes No n~ 3:"~ 0 . r- -; .:-) :t: :'", ;-i ):> -ll C') r- fTl BOARD OF COUNTY COMMISSIONERS OF ~otE COUNTY, FLORIDA By ~~.. 'nol.45~ Mayor/Chairperson UZ~,hNE . HUTTON \,:,;.',~,;~,,' j~~~JEY .--,,.,, ~~.~",~,'m Ninth Cent Fuel Tax Ordinance 2009 W/O edits 5/18/09 KP Page 3 of 3 Pages ! ~ :c ,." :a. 0 -C "" 0" \D ::::0 .." ;0 :z ,." ;y g ft.<il. :u t...... 0 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARA THON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 BRANCH OFFICE: PLANT A nON KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANT A nON KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FAX (305) 295-3663 CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk-of-the-court.com ROTH BUILDING 50 HIGH POINT ROAD PLANT AnON KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 May 29, 2009 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 7005 1160 0000 3841 2129 Dear Ms. Cloud, Enclosed are certified copies of the following Ordinances: Ordinance No. 012-2009 to strengthen "Whistleblower" protection policies for County employees. Ordinance No. 013-2009 amending Section 22-100(b) of the Monroe County Code to provide a $225 fee for business not otherwise taxed under the provision related to business tax. Ordinance No. 015-2009 to impose a ninth-cent local option motor and special fuel (" gas ") tax. Ordinance No. 016-2009 to impose a three-cent local option motor fuel ("gas") tax. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on May 20, 2009. Please file for record. Should you have any questions please feel free to contact me at (305) 295-3130. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pame/aG. Hancock, D. C. cc: Via E-Mail to theiol/owing: Municipal Code Corporation County Attorney BOCC County Administrator 012-2009 Tax Col/ector 013-2009 File OMB 015-2009 & 016-2009 Finance 015-2009 & 016-2009 Page 1 of2 Pam Hancock From: To: Sent: Subject: <ords@municode.com> <phancock@monroe-clerk.com> Tuesday, June 02,2009 10:32 AM Acknowledgment of material received This is a computer generated email, please do not reply to this message. Municipal Code Corporation P.O. Box 2235 1700 Capital Circle SW. (32310) Tallahassee. FL 32316-2235 850-576-3171 Fax: 850-575-8852 if1fQ@mqniC:Clq~.c:Qm Monroe County, FL Code of Ordinances - 2008(14298) Supplement 2 Recorded: 4/23/20093:07:24 PM We have received the following material through Hard Copy/Electronic. ! < TR> Document Adoption Ordinance No. 009-2009 4/15/2009 Ordinance No. 010-2009 4/15/2009 Ordinance No. 011-2009 4/15/2009 Ordinance No. 012-2009 5/20/2009 Ordinance No. 013-2009 5/20/2009 Ordinance No. 015-2009 5/20/2009 Ordinance No. 016-2009 5/20/2009 ***QJj.Gtnbn~I~ to see the full list of recorded ordinances for the next supplement. *** Or point your browsers at: http://www.municode.com/disposition/dislist.asp?jobid=1 09682 If you are sending the ordinances in electronic form and printed form, we assume the electronic version of the ordinances reflects the ordinances as adopted. We do not proofread against the printed version of the ordinance if the printed copy is submitted. Please contact us if you have questions. · You can also "GO GREEN" and reduce the number of supplement copies you receive or just get a PDF of the supplement to pnnt your Own coples.ask uS how - emall tn.fQ,@JItYnlJ..i.p,Qg,~J~Qr' · ~J>~~~e~~~t~rw~n5~ri'~~~~7eOth~oPrit~~gr qr1J~We~I~~~~hn1~I:, ~~~~~eekIY. For · ~~I~~~~~~t~~j~Oenn~~:~~t3~~n~~~~~t~lJlonline Code after each meeting. · ~~ro~~~ ~6u~;~~J~r~n~i~g~~\~~~~wil~rr~~'~~m:ess. Visit MCCi for more · ~ ement imaging 6/2/2009 Page 2 of2 · W~:~~~~w~?~i~i~~~W~ri~g~glnlg~J~~~~:~~W~~ti~p and In.fQ@.m.~.Q.~_~tY.~_D.t~g~.~.~.Q.m . . Neea a better way to manage your Contracts? Visit MCCi's website to learn more about automating your contract management processes.MJ:;J:::~j . Ever need to search in several online Codes for a sample ordinance? Try our . ~~I~~ ~g~o~eer~~~iru9st ~~'d~s~~~ ~r~~~~~ii~~ ;u~~~~p~tni~.fOCW:1i~~i..gfoechijTe at: hUPn:llwww..nm..q.niGQgn~..nQQml~nRQY.t.lR.rQQh.Y.r.~.~pg.f o 6/2/2009 7005 1160 DODD =841-2129 _~l ~ ~ ~ --'0 ':Cl~il a = en. ...., C} [ 1\ ~~\ -g , :_~ ~ J;> \J~ _ ;.~~ It 0. ....CD 3.P'~ 3 g:, ~ k1> rh ;" .... ~ ~ :0 ~ -- t\l (\) : (/) Ie: ~ ~ (II (/) :......:.t:. .... (t):::T : ~ ~ \~ f < ~\g, ~. co ....: @ t\l \ ' ~.....l Ulro\ ~.\ d> ~l ~i\ : : '" n- :: ,,____ c.,' . C> ~ 0 /p../' I 3 / 0 d-/-. \) W:D ~ Q. (\) Q. I:~ \\ ~ ~ .g~ 8: [ !~ ~ ......, ........ CD Q) L~ ~g.gg.2!! g (j) <u (0.9- 'iij a.~ ~.~ g .~ ~ Q).c () ~ ... 0': "C ~~.9~~ o Q) eg &';~:'_ !!? ~ E:e g-g~ ~.~~:: ! ~ ~ ~ ;~8.te: o 00 Q s....: -PJ~~~~ ~ ~ ~ .~~ ~~&~3' ... u c:::: 0-0=.00 O = I)... al " a.a. :;"'alC: >- ; ~';fiJ~almCll;O .~ IT: 9 -PJ ~:g ~t: Q,l E:g ~'a, ~ a.Cll g-~ (J) ~ ctl a:: & .... ~rg a:: 00': ca i"(;' a.... .9-- Cll a. 0 & 00 oE~' (J) 0 ~ ~ ~ Ow a. 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'-CD Q Cll gs E E Q) ~ ~-~- c: ~ m ooS:: c:c ~ ~ tU ~ <5 8.ii;.9- ~ a; ~ '5:g-g Cll~ & 0 E ~ IJ.. ctl al ::: () ~ l1. cu '1:1 · . ~.s:? • • - `s ��FLORIDA K E Y S j RY AUTHORITY FOR a.m.-5:00 p.m.,no later , ,� i , y� fa , Y a „ I THE CURRENT SIX than 2 working days prior-� I CENT MOTOR AND to the scheduled meet- ' f l • • a` SPECIAL FUEL TAX IN ing;if you are hearing or i \�'` i` '• , SECTION F.S. voice impaired,call ,_.-. ;..._......___._..;:._:.: 336.025(1)(a)PROVID- "711" - Published Twice.Weekly ING FOR THE DISTRI-' _ •BUTION OF THE SIX - Dated at Key West, Marathon, Monroe County, Florida CENTMOTORAND Florida,this 15th day of SPECIAL FUEL TAX TO April,2009. - - ALL MUNICIPALITIES - PROOF OF PUBLICATION AND THE COUNTY;IM- : DANNYL.KOLHAGE, POSING A FIVE CENT Clerk of the Circuit Court -LOCAL OPTION MO- and ex officio Clerk of the TOR FUEL TAX,AS AU- Board of County Corn-STATE OF FLORIDA THORIZED BY F.S. - missioners of Monroe COUNTY OF MONROE 336.025(1)(b),UPON. County,Florida f SUCH FUEL SALES IN Before the undersigned authority person- ALL OF MONROE Publish Apri125,2009 COUNTY,INCLUDING Florida Keys Keynoter - ally appeared WAYNE MARKHAM who onTHE MUNICIPALITIES . oath, says that he is PUBLISHER of the THEREIN,FORA PERI- - OD OF THIRTY YEARS FLORIDA KEYS KEYNOTER, a twice 1 UNLESS EARLIER RE- J ' weekly newspaper published in Marathon, PEALED BY THE - + in Monroe County, Florida: that the i BOARD OF COUNTY _ _ ___ _ _ _ COMMISSIONERS; f- attached- copy of advertisement Was T -- PROVIDING FORA - published in said newspaper in the issues METHOD OF COLLEC- TION OF THE TAX AND of: (date(s) of publication) REMISSION OF THE PROCEEDS;PROVID- 0 pial v w51 i• , ; ING THAT THE PRO- CEEDS MAY ONLY BE , SPENT FOR TRANS- PORTATION EXPENDI- TURES AS DEFINED . HEREIN;PROVIDING FOR THEPLEDGE OF Affiant further says that the said FLORIDA THETAXREVENUE KEYS. KEYNOTER is a newspaper published FOR BONDS WHOSE PROCEEDS ARE USED at Marathon, in said. Monroe County, FOR TRANSPORTA- _ Florida, and that the said newspaper has TION CAPITAL PROJ- heretofore been continuously published in t FO S;PROVIDING FOR SEVERABILITY; said Monroe County, Florida,-twice each ,PROVIDING FOR THE I NoREPEAL OF ALL 011- ! c week (on Wednesday and Saturday) and NANCESINCONSIS`~.n � _,....`42r - has been entered as a second class mail - - TENT HEREWITH; ; matter at the post office in Marathon, in k PROVIDING ONII4T FTtj�'> 0 No.8697700 -. CORPORATION IIdT i, Monroe County, Florida, for a period of - - THE MONROE CO .N- 4 NOTICE OF . TY CODE OF ORD C) one year next preceding the first CONTINUATION OF NANCES;AND PR =--)Ca - �' publication of . the attached copy of INTENTION TO . VIDINGANEFFEGfII 3 m advertisement. The affiant .further says ; CONSIDER ADOPTION DATE. ... --i-- W n OF COUNTY ' that he has neither paid nor promised any ` ORDINANCE Pursuant toSecti �'ll- C' person, firm, or corporation any discount, 286.0105,Florida , cj (11 CD CI NOTICE IS HEREBY Statutes,notice is given ' rebate, commission or refund for the i GIVEN TO WHOM IT that if a person decided to 1 purpose of securing this advertisement for I MAY CONCERN that on appeal any decision May 20,2009 at 3;00 made by the Board with publication in the said newspaper(s) and 1 P.M.,oras soon there- respect to any matter'- _ that The Florida Keys Keynoter is in full I_afterasmaybeheard, considered atsuchhear- at the Trigs or meetings,he will compliance with Chapter 50 of the Florida Murray E.Nelson need a record of the pro • State Statutes on Legal and Official ` Government and ceedings,and that,for . I Cultural Center, such purpose,he may Advertise ents. ` 102050 Overseas High- need to ensure that a ver- !'way,Mile Marker 102.5,- batirri record of the pro- I .. I Key Largo,Monroe - ceedings is made,which I i County,Florida,the - record includes the testi- { _ . I Board of County Corn- -rriony and evidence upon I . 'missioners of Monroe which the appeal is to be Sworn to a sub ibed before me pp - ,,ryry i County;Florida,intends • based. thisoz,7 D of , 2009 1to consider the adoption (SEAL) i'of the following County , ADAASSISTANCE: 1 ordinance: If you area person with a disability who needs spe- • A NOR DI NANCE CLAR- cial accommodations in + JFYING THE-STATUT_O- ,order to participate in this proceeding,please con- . Notary con- [TOY �tacttheCountyAdminis- i. LA !� BEVERLY TRAE�ER trator's Office,by phon- v. ing MY COMMISSION#pn , (305)292-4441,be- I 4~1 o4� EXPIRES:Apr.18,�01013� tween the hours of 8.30 i rrs� (vx)LL3.0153 Florida Notary c.....:_- - L - Pursuant to Section,- 286.0105,Florida_ P `". Statutes,notice is given l that if a person decided to appeal any decision P.O. Box 1197 •Tavernier, Florida 33070-1197 made by the Board with • respect to any matter (305)852-3216 Fax:(305)852-0199 - _., II considered at such hear- ingsY or meetings,he will i YYY need a record of the pro- PROO.F OF PUBLICATION 1 such ceedlpurpose,he.may Ad#8702600 need to ensure that a ver- . batim record of the pro- STATE OF FLORIDA I ceedings is made,which I • NOTICE OF - record includes the testi- I COUNTY OF MONROE CONTINUATION _ mony and evidence upon , . OFINTENTION TO which the appeal is to be Before the undersigned authority personally ; OF COCONSIDUNTY based. OF COUNTY appeared DAVID HAWKINS who on oath, says ORDINANCE ADA ASSISTANCE:If that he is EDITOR of THE-REPORTER, a weekly dsabihtyw oneedsspe-; NOTICE IS HEREBY newspaper.entitled to publish legal advertising GIVEN TO WHOM IT alai accommodations in— published at Tavernier, Monroe County, Florida: MAY CONCERN . procr to eding,pleate-icn tn- � May 20,2009 at 3:00� proceeding,please con- that the. attached copy•of advertisement, being �•.P.M.,or as soon thereaf- tact the,CountyAdminis- LEGAL NOTICE in said news a er in the issue - the Ms may be he lso, -a ing(3's Office,by phbe- p p the Murray E.Nelson- ing(305)292-4441,be- Of: - - Government and Cultural tween.the hours of8:30 A •ril 24 2009 Center,102050 Over- a.m.-5:00 p.m.,no later p , _ — seas Highway,Mile than 2 working days prior • Marker 102.5,Key Largo, - to the scheduled meet- Monroe County,F_lorida, ing;if you are hearing or . Affiant further says that THE REPORTER is a - • theBoard of County voice impaired,call - newspaper -published at :.Tavernier, in said i Commissioners of Mon-- :°711°'... Monroe County, Florida, nd that the said • ten stow consider tends to consider the Dated at Key West, newspaper has heretofore been continuously adoption of the following Florida,this 15thdayof. published in the said 'Monroe County,. Florida,. County ordinance: Apri1,2009. . each week (on Friday), and has been entered as AN ORDINANCE DANNY L.KQLHAGE, IMPOSING Clerk of the Circuit Court second class mail matter at the Post Office in ✓ NINTH-CENT LOCAL and ex officio Clerk of the Tavernier, in said County,of Monroe,Florida, for OPTIONMOTORFUEL Board of County Com- • TAX,AS AUTHORIZED • missioners of Monroe a period of one year next preceding the first BYF.s.206.41(1)(d) County,Florida - publication of the . attached ,copy of C AND 336.021,UPON FUEL SUCH FUEL SALES IN (SEAL) advertisement; and affiant'further says that she j 'ALL OF-MONROE has-neither paid nor promised any firm,:person, •COUNTY,INCLUDING . published:04/24/09 or corporation anydiscount, rebate, '� THE MUNICIPALITIES' The Reporter p THEREIN;FORA Tavernier,FL 33070 commission- or refund. for the purpose 'of • PERIOD OF THIRTY securingthis advertisement forpublication in YEARS UNLESS k EARLIER'REPEALED the said newspaper and that The Reporter is in 4 BY THE BOARD OF - full compliance with Chapter 50 of the Florida I COMM s IONERS; - State Statutes on Legal and .. Official -PROVIDING FORA . Advertisements. P METHOD OF . • COLLECTION OF THE I. TAX AND REMISSION j - _ OFTHEROCEEDS; " 1 PROVIDING THAT THE ' J 'P _J, A „/ PROCEEDS MAY ONLY ` ' tl �� y BE SPENT FOR Sworn to and subscribed before me 24th day of : k TRANSPORTATION April, 2009. EXPENDITURES AS 1 p i DEFINED HEREIN; • - PROVIDING FOR . \ ( ¶ rPT PROVI _ Notar II• INCONSISTENT -ORDINANCES x L © F • HEREWITH; =h, p- INCORPORATION PROVIDING FOR CD fl a. INCORPORATION Q i'r't • INTO THE MONROE o .-I. COUNTY CODE OFC"} (F C J O.. • ORDINANCES;ANUD(--).:74 PROVIDING AN • ----'-(:� • EFFECTIVE DATE.- r = •rn �.WNISENHUNT -r•i CD A4ARGARET i rrl. -GO v • shy ry 4n MY COMMISSION#/OPa43753 Co . - f _ EXPIRES:JUN 22,2009 97ded through lst State Insurance • • • • a ( KEYwT STATE OF FLORIDA. COUNTY OF MONROE The Raids Keys Only Deily New•.,psper,Est.1876 - ' Cooke Communications, LLC Florida Keys • Marsha F. Kirkwood Before the undersigned authority personally appeared Randy G. Erickson, who Advertising Coordinator on oath says that he is Vice-President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, .PO Box 1800 Florida; , Key West Fl 33041' • that the attached copy of advertisement,being a legal notice in the matter of Office....305-292-7777 yy Extension x219 C-er 1/. 4 2 .9 tc . CeideZ Fax 305-295-8025 legals@kevsnews,com _.�i yam/ INTERNET PUBLISHING keywest.com was published in said newspaper in the issue(s) of keysnews.com - floridakeys.com �/ key-west.com 4,,,a oW �d9Web Design Services / Affiant further says that the Key West Citizen is a newspaper published in NEWSPAPERS The Citizen Key West, in said Monroe County, Florida and that the said newspaper has Southernmost .Flyer' heretofore been continuously published in said Monroe County, Florida every Solares Hill Big Pine Free Press day, and has been entered as second-class mail matter at the post Office in Key Marathon Free Press West, in said Monroe County,Florida, for a period of 1 year next preceding the • Islamorada Free Press Key Largo Free Press . . first publication of the attached copy of advertisement; and affiant further says MARKETING SERVICES that he has neither paid nor promised any person, firm or corporation any Commercial Printing • discount, rebate, commission or. refund for the. purpose of securing this Citizen Locals card - advertisement for publication in the said newspaper Direct Mail ' FLORIDA KEYS OFFICES Printing/Main Facility •• - ' 3420 Northside Drive Allr' M l Key-West,FL Signature of Affiant . 33040-1800- . Tel 305-292-7777 Fax 305-294-0768, t• citizen@kevwest.com Sworn and subscribed before me this 7 day of i Zel , 2009 . Internet Division . - 33040-3328 .. - Tel 305-292-1880 • Fax 305-294-1699- . Notary Public: sales@keywest.com • Middle Keys office Marsha F. Kirkwood 6363 Overseas Hwy > C Marathon, FL (MM 52.5) . /1%7/144_, X.'33050-3342 Tel 305-743-8766 • . • Fax 3e5,743-ss7i Expires:.September.15, 2009..:. , Notary Seal marathori@kevsnews.com - Upper Keys Office ay�., IvMARSHA F.KIR WOOD 91731 Overseas Hwy `;„ &'' Notary Public-Stale of Florida Tavernier,FL 33070 � �;• miy Commission Expires Sep 15,2009 . Tel 305-853-7277 `°'"-' # Commission • q ;; it DD 472520 - Fax 305-853-0556 �! ! ' ,, ,,, Bonded By N iionai Notary Assn. c;' . - freepress@.florirl~akeys.com — ,- 4 v _n Personally Known • x Produced Identification . Type.of Identification Produced . NOTICE OF CONTINUATION OF INTENTION TO CONSIDER ADOPTION OF • COUNTY ORDINANCE • NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that • , ' on May 20, 2009 at 3:00 P.M., or , • as soon thereafter as may be heard, at the Murray E. Nelson ' Government and Cultural Cen- • ter, 102050 Overseas Highway, ' Mile Marker 102.5, Key Largo, ' Monroe County, Florida,, the Board of County Commissioners PUBLIC NOTICE of Monroe County, Florida, intends to consider the adoption of the fol- based. i lowing County ordinance:, ADA ASSISTANCE.• if you are a AN ORDINANCE IMPOSING A person with a disability who needs i "NINTH-CENT"LOCAL OPTION special accommodations in order MOTOR FUEL TAX,AS tp participate in this proceeding, ' AUTHORIZED BY F.S. please contact the County Admin- 206.41(1)(d)AND 336.021,UPON istrator's Office, by phoning (305) SUCH FUEL SALES IN ALL OF 292-4441, between the hours of MONROE COUNTY,INCLUDING 8:30 a.m.-5:00 p.m., no later than THE MUNICIPALITIES THEREIN, ?working days prior to the sched- FOR A PERIOD OF THIRTY uled meeting;if you are hearing or YEARS UNLESS EARLIER _ voice impaired,call"711". ' REPEALED BY THE BOARD OF COUNTY COMMISSIONERS; ' Dated at Key West, Florida, this PROVIDING FOR A METHOD OF i 15th day of April,2009. COLLECTION OF THE TAX AND REMISSION OF THE 1 DANNY L.KOLHAGE, ' PROCEEDS;PROVIDING THAT Clerk or-the Circuit Court THE PROCEEDS MAY ONLY BE and ex officio SPENT FOR TRANSPORTATION Clerk of the Board of County EXPENDITURES AS DEFINED Commissioners of HEREIN;PROVIDING FOR Monroe County,Florida SEVERABILITY;PROVIDING april 26,2009 FOR THE REPEAL OF ALL -� c —7-1 ORDINANCES INCONSISTENT • ra d I- HEREWITH;PROVIDING FOR C`�:— `� INCORPORATION INTO THE ,-,. -' Ili. MONROE COUNTY CODE OF : i ORDINANCES;AND PROVIDING!'. C--7-:; - • 0 1 .EFFECTIVE DATE. . cD c t—, 7 Ts ' Pursuant to Section 286.0105, 1 . 't-- 3 �7 Florida Statutes, notice is given __, rn that if a person decided to appeal 1 '��� ;a n any decision made by the Board 1- �' O with respect to any matter consid- CZ CD' ered at such hearings or meetings, he will need a record of the pro- . ceedings, and that, for such pur- pose, he may need to ensure'that . a verbatim record of the proceed-'- - - ings is made, which record in- r cludes the testimony and evidence upon which the appeal is to be , ~~l)WE~ FLORIDA DEPARTMENT or STATE . . CHARLIE CRIST Governor STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State June 4, 2009 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage; Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated May 29, 2009 and certified copies of Monroe County Ordinance Nos. 012-2009,013-2009, 015-2009 and 016-2009, which were filed in this office on June 2,2009. Sincerely, ~~ Liz Cloud Program Administrator 3: 0 s;: )> '~;<: CJ :z: :;::::IZ ,_J r:1 .-< 1"!~1~.-,... f~} _-, ~ ~~ ~~ f2 -; ,-, ::c: ::"- ~ l> ...." C> r- rr1 LCI srd DIRECTOR'S OFFICE R.A. Gray Building . 500 South Bronaugh Street . Tallahassee, Florida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.n.us COMMUNITY DEVELOPMENT 850.245.6600 . FAX: 850.245.6643 STATE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850.245.6744 ST ATE ARCHIVES OF FLORIDA 850.245.6700 . FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812 . FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMINJSTRA TIVE CODE AND WEEKLY 850.245.6270 . FAX: 850.245.6282 SI c:::::lt \oG ~ " r- rrt o ..." C) ::0 :0 I'T1 n o ::::0 C I Q) ::Dt :c - - ... CI'I SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~)rogram Administrator , " Administrative Code ana Weekly R.A. Gray Building 500 South Bronaugh Street '\""allahassee, Florida 32399-0250 o"..J.,'tI'J -.... c..c S 012./0/4 / /) l~ / () I b 2. Article Number (Transfer from service label) PS Form 3811, February 2004 COMPLETE THIS SECTION ON DELIVERY A Signature o Agent o Addressee B. Received by ( Printed Name) I C. Date of Delivery D. Is deliv~ different from item 1? 0 Yes If YES, ~ ~ 8<fA rE No x JUN 0 2 1009 3. SlJVice Type I!J' Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 7005 1160 0000 3841 2129 Domestic Return Receipt 102595-02-M-1540 i