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Ordinance 016-2009 ORDINANCE NO. 016 - 2009 AN ORDINANCE CLARIFYING THE STATU~ORY AUTHORITY FOR THE CURRENT SIX CENT MOTOR AND SPECIALI FUEL TAX IN SECTION F.S. 336.025(1)(a); PROVIDING FOR THE DISTRlBUTION OF THE SIX CENT MOTOR AND SPECIAL FUEL TAX TO ALL MUNICPALITIES AND THE COUNTY; IMPOSING A THREE CENT LOCAL OPTION MOTOR FUEL TAX, AS AUTHORIZED BY F.S. 336.025(1)(b), UPON SUCH FUEL SALES IN ALL OF MONROE COUNTY, INCLUDING THE MUNI4IPALITIES THEREIN, FOR A PERIOD OF THIRTY YEARS UNLESS EARLIER REPEALED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR A METHOD OF COLLECTION OF THE TAX AND REMISSION OF THE PROCEEDS; PROVIDING THAT THE PROCEEDS MAY ONLY BE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 THE PLEDGE OF THE TAX REVENUE FOR BONDS WHOSE PROCEEDS ARE USED FOR TRANSPORTATION CAPITAL PROJECTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REl'EAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING }10R INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINNNCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Monroe County currently imposes a six-cent local option gas tax upon every gallon of motor fuel and special fuel sold in the County pursuant to Florida Statute Section 336.025(I)(a) and Monroe County Code Section 2-315, et. seq.; and WHEREAS, the municipalities of Islam orad a and Marathon incorporated subsequent to the passage of Ordinance No. 16-1989, as codified in Monroe County Code Section 2-315, et. seq.; 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, Monroe 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 bridSes which are maintained by the County; WHEREAS, drainage systems need to be added or restored, requiring reconstruction and resurfacing of roads; and Five Cent Gas Tax Ordinance 2009 w/o edits 5/26/09 KP 1 WHEREAS, road resurfacing has been temporarily delayed in some areas of the unincorporated county due to new sewer systems and resutfacing will be needed in the near future; and WHEREAS, an additional five (5) cents local option fuel tax would generate approximately $250,000.00 per penny (or $1,250,000.00) per year; and WHEREAS, an additional local option fuel tax 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 FOR MONROE COUNTY, FLORIDA that: SECTION 1. Section 2-315, Monroe County Code shall be amended to read: 2-315. Under the authority of Florida Statutes section 336.025(1)(a), effective September 1, 1989, there is hereby imposed a six-cent gas tax upon every gallon of motor and special fuel sold in Monroe County, including the municipalities therein, and taxed under the provisions of part I or part II of chapter 206, Florida Statutes. SECTION 2. Section 2-319, Monroe County Code shall be amended to read: Sec. 2-319. Distribution of proceeds. (a) The proceeds of the tax levied in section 2-315 shall be distributed among Monroe County, the City of Islam orad a, the City of Key West, the City of Key Colony Beach, the City ofLayto~ and the City of Marathon based on interlocal agreements or F.S. 336.0255 absent interlocal agreements. (b) No recalculation of the tax distribution shall under altly circumstances adversely affect the rights of holders of bonds outstanding on July 1, 1990, which are backed by the tax authorized by this article; and the amounts distributed to Monroe County and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principle interest as required under the covenants of any })ond resolution outstanding on July 1, 1990. Five Cent Gas Tax Ordinance 2009 w/o edits 5/26/09 KP 2 SECTION 3. Section 2-320, Monroe County Code is hereby created to read: Sec. 2-320. SEVENTH THROUGH NINTH CENT M~TOR AND SPECIAL FUEL TAX. (a) IMPOSITION. Under the authority ofF.S. 336.025(1)(b), effective January 1,2010, there is hereby imposed a three cent gas tax upon every gallon of motor fuel and special fuel sold in the County and taxed under the provisions of part I or part II of Chapter 206, Fla. Stat. (b) COLLECTION. The tax in this section shall be collected and remitted according to the procedure in F.S. 336.025(2). (c) EFFECTIVE PERIOD. The tax levied in Section 2..320(a) shall commence on January I, 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 circutnstances 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 state statute and which are: (I) Roadway and right-of-way reconstructi01ll, renovation, resurfacing, pavmg of existing graded roads, and equipment; (2) Roadway and right-of-way drainage; (3) Installation of street lighting and traffic signs, traffic engineering, signalization and pavement markings; (4) Bridge renovation, restoration, and repaving; (5) Debt service for transportation capital projects, including construction or reconstruction of roads and bridges. The revenues from the tax levied in section 2-320(a) may be pledged to secure the payDlent of bonds. In the event such bonds are to be issued, the county or the municipalities may use the services of the Division of Bond Finance of General Services pursuant to the State Bond Act to issue any bonds under the provisions oftijis article and F.S. section 336.025(b). Bonds may be issued only once per year. Monroe County and any of the municipalities listed in section 2-320(e) may join together to issue bonds under this article; or (6) All other purposes allowed by state statute. (e) DISTRIBUTION TO MUNICIPALITIES. The County may, at anytime, enter into an interlocal agreement with any or all of the municipalities in the County in order to provide for the distribution of the tax proceeds between the County and the municipality or municipalities. No tax proceeds distributed to a municipality may be. used for purposes other than those described in Section 2-320(d) above. The proceeds of the tax levied in section 2-320(a) shall be distributed among Monroe County, the City of Islamorada, the City of Key West, the City of Key Colony Beach, the City of Layton, and the City I of Marathon, pursuant to interlocal agreements or F.S. 336.0255. 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 Five Cent Gas Tax Ordinance 2009 w/o edits 5/26/09 KP 3 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 itllapplicable to any person, property or circumstances, such holding shall not affect its applica~ility 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, 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. ~ Yes Yes Yes No BOARD OF COUNTY COMMISSIONERS OF ~E COUNTY, FLORIDA By ~.t!.. 'oJ.t.A4.~~ M8yor/Chairperson c Ct: Q ... Q Q! ~ I: Q: o l.L. o LaJ -J b: N lLJ -...~ c.:J L... <:( r-= "-': ::cue -' . o ():: x:u -.i :;.r:.:: (-) cc ~LL1 ~dg~ Ci 0 :r: 0\ N >- c z: ~ c::::t c::::t eo-...a Five Cent Gas Tax Ordinance 2009 w/o edits 5/26/09 KP 4 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARA THON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHW A Y PLANTATION 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-cour1t.com ROTH BUILDING 50 HIGH POINT ROAD PLANT A TION 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 116000003841 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 locall 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: Pamela G. Hancock, D. C. cc: Via E-Mail to the following: Municipal Code Corporation County Attorney BOCC County Administrator 012-2009 Tax Collector 013-2009 File OMB 015-2009 & 016-2009 Finance 015-2009 & 016-2009 • • • • • • • • • 1 U.S. Postal ServicelM • °' CERTIFIED MAILTM RECEIPT ti . �1 (Domestic Mail Only;No Insurance Coverage Provided) ',u • ' For delivery information visit our website at www.usps.coma • ,:� � _� H . Postage ® tY/f, 'O Certified Fee p . I= — O� P.o• • O Retum Receipt Fee (Endorsement Required) t i He o O Restri — / • I (Endorsement squired S� f�.;,;. • Total Postage&Fees ,� � 4040,. iLn Program '•: M o Sent To Administrative Gt t nd lilbekly' s, r` s5reet,,apeo7�:G�a�-Bild f or PO Box�ZIO $ouch-Bronx tre_•'t29/2009.:..;'a'• _: ' city,state,.7J r- �ahassee, Florida 32399-f125-0 r-. o PS Form 3800,June 2002 See Reverse for Instructions FLORIDA.---- KEYS. I i . x r ,.-u .1 '•K'- ", . I NANCES INCONSIS- I i TENT HEREWITH; s b ` PROVIDING FOR IN- ... :. CORPORATION INTO Published Twice Weekly THE MONROE COUN- TY CODE OF ORDI- Marathon, Monroe County, Florida NANCES;AND PRO- VIDING AN EFFECTIVE DATE. PROOF OF PUBLICATION Pursuant to Section . 286.0105,Florida Statutes,notice is given STATE OF FLORIDA i that if a person decided to appeal any decision COUNTY OF MONROE made by the Board with Before the undersigned authority person- respect to any matter considered atsuch hear- ally appeared WAYNE MARKHAM who on ._.: - • ings or meetings,he will oath, says that he. is PUBLISHER of the need.a.recordof the pro- :: ceedings,and that,for. FLORIDA KEYS KEYNOTER, a twice � :� '.suchpurpose,hemay weekly newspaper published in Marathon, No.8698400 1 need to ensure theta Ver- batim-record of the pro- '� in Monroe County, Florida: that the NOTICE OF ceedingsismade,which _ attached copy of advertisement was— -.CONTINUATION QF--record-includes the-testi- _ __ _ published in said newspaper In the issues INTENTION To monyandevidenceupon pCONSIDER ADOPTION which the appeal is to be I of: (date(s) of publication) : , OF COUNTY based, n ' ORDINANCE • JIJI DO z) ADAASSISTANCE: • NOTICE IS HEREBY If you are a person with a :GIVEN TO WHOM IT • disability who needs spe- MAY CONCERN that on cial accommodations in May 20,2009 at 3:00 order to participate in this P.M.,or as soon there, proceeding,please con- after as maybe heard, tacfthe County Adminis- Affiant further says that the said"FLORIDA at the trator'sOffice,byphon- KEYS KEYNOTER is a newspaper published Murray E.Nelson ing(305)292-4441,be- Government and -tween the hours of 8:30 ' • at Marathon, in said Monroe County, Cultural Center, a.m:-5:0Op.m.,nolater Florida, and that the said newspaper has 1.02050overseasHigh- than 2 working days prior_1 heretofore been continuouslypublished in way,Mile Market 102.5, to.the scheduled meet- heretofore .. Key Largo;Monroe . ing;if you are hearing or said Monroe County, Florida, twice each County,Florida;the voice impaired;pall Board of Coupty Com- "711". week (on Wednesday and Saturday) and missionersofMonroe has been entered as a second class mail County,Florida,intends Dated at Key West, ~ to consider the adoption Florida,this 15th day of matter at the post office in Marathon, In of the following County April,2009. - Monroe County, Florida, for a period of ordinance:.' - - i one year. next preceding the fllSt DANNYL.KOLHAGE, AN ORDINANCE IM- •• Clerk of the Circuit Court publication of "the attached copy of . :POSINGANINTH- and exofficioClerkofthe advertisement. The affiant further Says CENT LOCAL OPTION —Board of County Com- j MOTOR FUEL TAX,AS - missioners of Monroe that he has neither paid nor promised any AUTHORIZED BY F.S. County,Florida person; firm, or corporation any discount; 206.41(1)(d)'AND 336.021,UPON SUCH Publish April 25,2009 rebate, commission or refund for the •,FUEL SALES INAtl,,LOF Florida Keys Keynoter purpose of securing this advertisement for MONROE COUNTY,IN- _ J 1 CLUDING THE MUNICI- , publication in the said newspaper(s) and PALITIESTHEREIN, ' • that The Florida Keys Keynoter is in full - FORA PERIOD OF d THIRTY-YEARS UN-• I compliance with Chapter 50 of the Florida LESS-EARLIER RE- .� o •. State Statutes on Legal and Official PEALEDBYTHE ai ' BOARD OFCOUNTY -z:� (.76.7. - Advertisements. COMMISSIONERS; ; C?1 PROVIDING FORA f rl"= •" METHOD OF COLLEC- 7--< _ _< TIONOFTHETAXAND �1=�:1 ?1 REMISSION OF THE �-PROCEEDS;PROVIDi .1'`=;'-'� —0 - Sworn�to.a d su S Ibed before me INGTHATTHEPRO- "fit""- 3 this /" y O � , 2009 CEEDSMAYONLYBE �:['�? n _ SPENTFORTRANS- - �;-L� we . 0 (SEAL) � PORTATION EXPENDI- `� TURES AS DEFINED.-- � � p.' HEREIN;PROVIDING ,/��?CI I FOR PROVIDING FOR TH; . �/ ,((�//J Ypi C PROVIDING FOR THE " �� BEVERLY TFLAEC�R LREPEAL OF ALL ORDI-.�x Notary ,, c MY COMMISSION#1)131.12134 ..24.0 ..110Q EXPIRES:Apr:18,2030 0011:::,3•M63 Florida Notary Sloico.com - • w C i (2) 1 Co _ .-- ,_coc,.• • TheReporter .1 IMPOSING A FIVE April,2009. ' CENT LOCAL OPTION ' MOTOR FUEL TAX,AS DANNY L.KOLHAGE, P.O. Box 1197 •Tavernier Florida 33070-1197 , AUTHORIZED BY F.S. Clerk of the Circuit Court- 336.025(1)(b);UPON (SEAL)and ex officio (305)852-3216 Fax:(305)852-0199 ., ; SUCH FUEL SALES IN Clerk of the Board of ' ALL OF MONROE County Commissioners . COUNTY,INCLUDING of Monroe County,Flori- PROOF OF PUBLICATION THE MUNICIPALITIES da THEREIN,FORA PERIOD OF THIRTY_ Published 4/24/2009 YEARS UNLESS The Reporter . - STATE OF FLORIDA EARLIER REPEALED . Tavernier,FL 33070 1 BY THE BOARD OF -`------ -y--- - COUNTY OF MONROE - ' COUNTY COMMISSIONERS; ' Before the undersigned .authority personally METHOD OF PROVIDINGFORA appeared DAVID HAW KINS mho on oath, says . COLLECTION OF THE- that he is EDITOR.of THE REPORTER, a weeklyTAX AND REMISSION . OF THE PROCEEDS; newspaper entitled to publish legal advertising I PROVIDING THAT THE ublished at Tavernier, MonroeCount Florida: PROCEEDS MAY ONLY p Y� BE SPENT FOR that the attached copy of advertisement, being TRANSPORTATION - LEGAL NOTICE in said newspaper in the'issue k EXPENDITURES AS.DEFINED HEREIN; !. of: - , PROVIDING FOR THE ! A ri124, 2009 PLEDGE OF THE TAX p I REVENUE FOR BONDS'j • ' WHOSE PROCEEDS j Affiantfurther says that THE REPORTER IS a I .ARE USED FOR- ,TRANSPORTATION newspaper published at Tavernier, in said ' • ; CAPITAL PROJECTS;'PROVIDING FO ; • Monroe County, Florida, and that the said SEVERAB LITirR ' newspaper has heretofore been: continuously PROVIDING FOR THE • REPEAL OF published in the said Monroe County, Florida, ORDINANCESLL each week(on Friday), and has been entered as • . INCONSISTENT- •second class mail matter at the. Post Office in t HEREWITH; I PROVIDING FOR _ Tavernier, in said County of Monroe, Florida, for INCORPORATION - ( Ad#8701300 INTO THE MONROE a period of one year next preceding the first - COUNTY CODE OF -.publication of the attached copy of NCONTINUATION OTICE OF • ORDINANCES;AND PROVIDING AN advertisement; and affiant further says that she OFINTENTION TO EFFECTIVE DATE. has neither paid nor promised any firm; person, CONSIDERADOPTION - , or corporation any discount, rebate, ORDINANCE • 286.01 5,Floridat to tion 286.0105,Flor '• commission or refund for the purpose of. ! - Statutes,notice is given I NOTICE IS HEREBY that if a erson decided to securing this advertisement for publication in 1 GIVEN TO WHOM IT' appealanydecision the said-newspaper and that The Reporter is in -1 MAY CONCERN that on - made by the Board with _May 20,2009 at 3:00 respect to any matter full.compliance with Chapter 50-of the. Florida . P.M.,or as soon respconsect ered matter hear-uch ' State Statutes on Legal and Official I thereafter as maybe •ings or meetings,he will :- . ., heard,at the Murray E. need a record of the pro- -• Advertisements. Nelson Government and ceedings,and that,for - Cultural Center,102050 . Overseas Highway,Mile such purpose,he may • - Marker 102.5,Key Largo, need to ensurethat a ver__ �! Monroe County,Florida, . batim record of the pro- 1 f /r/A - ! the Board of County ceedings is made,which k record includes the testi- Sworn-to and subscribed before me 24t" day of 1 Commissioners of mony and evidence upon . Monroe County,Florida, which the appeal is to be ! Apri1;.2009: intends to consider the based. - , a: i.4.L.Q. . adoption of the following � t County ordinance: ADA ASSISTANCE:If�s�+` you area person with a AN ORDINANCE - - .CLARIFYING THE disability who need$spe- Not STATUTORY - cial accommodations in ' • Nil ` AUTHORITY FORTHE order to participatein this ; ! CURRENT SIX CENT proceeding,please con- } MOTOR AND SPECIAL tact•the County Adminis- 14 . D4 . 0 O.( trator's Office,by phon • - FUEL TAX•IN SECTION ing(305)292-4441,be- • ! F.S.336.025(1)(a) tween the hours of 8:30 PROVIDING FOR THE I DISTRIBUTION OF THE a.m.-5:00 p.m.,no later • SIX CENT MOTOR AND to the working days prior SPECIAL FUEL TAX TO to the scheduled meet- - -- I ALL MUNICIPALITIES- ing;if you are hearing or 1 AND THE COUNTY; voice impaired,call A9ARGARET J.WHISENHUNT ."711". 2�0"`"6po� MY COMMISSION#DD443753 . 'Continued on the ; �} EXPIRES:JUN 22,2009 Next Column• Dated at Key West, ;4u _ Lary-�v^�-� Florida,this 15th day of , ora Bonded through 1st State Insurance i r • . b 1 KEYU7WEST 0 I bi STATE OF FLORIDA Th.Florida K.Ys Only Daffy Newspaper.Est.187E COUNTY OF MONROE 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 FI 33041 that the attached copy of advertisement,being a legal notice in the matter of Office..:.305-292-7777 -�� 7 L "Extension x219 czG 'L ( /l'' Fax "305-295-8025 legals@kevsnews,com / . (1_, Q, 27.0:ed • f t,/)/4 7 INTERNET PUBLISHING keywest.com was published in said newspaper in the issue(s) of keysnews.com . floridakeys.com • • key-west.com4/4OK1 �f . : . Web Design Services / / • NEWSPAPERS Affiant further says that the. Key West Citizen is a newspaper published in • 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, arid 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 pur se. of securing this Citizen Locals Card advertisement for publication in the said new e Direct Mail FLORIDA KEYS OFFICES • Printing/Main Facility 3420 Northside Drive Key West, FL Signature of Affiant 33040-1800 Tel 305-292-7777 Fax 305-294-0768 citizenRkeywest.com Sworn and subscribed before me this pZ,7 day of , 2009 Internet Division 33040-3328 Tel 305-292-1880 . Fax 305-294-1699 . Notary Public: sales@keyw&st.com Middle Keys Office Marsha F. Kirkwood 6363 Overseas Hwyittz,e L�L� Marathon, FL 52.5) 33050-3342 i ' Tel 305-743-8766 . . Fax 305-743-9977 Expires: September 15, 2009 Notary Seal marathonRkeysn ews.com Upper Keys Office � , . _ �'.� .�� "' '7 Taver ,Overseas Hwy f iA F.KIRKVJ00D I' a,�,.r,v�o,, tF4ARS. tJ Tavernier,FL 33070 ,,s_-- No Tel 305,853-7277 a";'�" r`° = ry Public-State of Florida -Fax 305-853-0556 N�, `,*;lily Commission Expires Sep 15,2009 • s; =Ye Commission#OD 472620 freepress@floridakeys.com �;,�;. Bonded Qy N y= :—:r-� �:' ltionafPefaryilssn, Personally Known `"xe 'Produeed Identification- Type of Identification Produced.___ . • NOTICE OF CONTINUATION OF INTENTION TO CONSIDER , ADOPTION OF • • i COUNTY ORDINANCE I. • i '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 .o --1 heard, at the Murray E. Nelson o�- p - Government and Cultural Cen- d [r! ter, 102050 •Overseas Highway, ' -" ' - %'C., Mile Marker 102.5, Key Largo, •,y Monroe County, Florida, the v rIn __ Board of County Commissioners t-; �! Co, 70 lof Monroe County, Florida, intends c C7�, to consider the adoption of the fol- I • c.. c..) x■ 7 • lowing County ordinance: j • AN ORDINANCE CLARIFYING 0 THE STATUTORY AUTHORITY --f- rt.! ao Q C FOR THE CURRENT SIX CENT •./ , MOTOR AND SPECIAL FUEL TAX IN SECTION F.S. 336.025(1)(a)PROVIDING FOR • THE DISTRIBUTION OF THE SIX • CENT MOTOR AND SPECIAL I , • ' FUEL TAX TO ALL . MUNICIPALITIES ANDTHE . COUNTY;IMPOSING A FIVE , CENT LOCAL OPTION MOTOR • ' t FUEL TAX,AS AUTHORIZED BY ADA ASSISTANCE: If you are a --, I ES.336.025(1)(b),UPON SUCH ., i person with a disability who needs FUEL SALES IN ALL OF I special accommodations in order • MO 1ROE COUNTY,INCLUDING I to participate in this proceeding, I THE MUNICIPALITIES THEREIN, • i. please contact the County Admin • - FOR A PERIOD OF THIRTY - I • istrator's Office, by phoning (305) . YEARS UNLESS EARLIER ' 292-4441, between the hours of - REPEALED BY THE BOARD OF 8:30 a.m.-5:00 p.m.,no later than ' COUNTY COMMISSIONERS; 2 working days prior to the sched • PROVIDING FOR A METHOD OF uled meeting;if you are hearing or ' COLLECTION OF THE TAX AND voice impaired,call"711". REMISSION OF THE I PROCEEDS;PROVIDING THAT Dated at Key West, Florida, this • -- • - _.. THE PROCEEDS MAY^ONLY BE • 15th day of April,2009. SPENT FOR TRANSPORTATION. - EXPENDITURES AS DEFINED i DANNY L.KOLHAGE, , II HEREIN;PROVIDING FOR THE Clerk of the Circuit Court ''•I PLEDGE OF THE TAX REVENUE and ex officio - FOR BONDS WHOSE y Clerk of the Board of County • • ` PROCEEDS ARE USED FOR Commissioners of TRANSPORTATION CAPITAL Monroe County, Florida j PROJECTS;PROVIDING FOR April 26,2009 •• • SEVERABILITY;PROVIDING . i FOR THE REPEAL OF ALL ! ; ' ' i ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR - _ INCORPORATION INTO THE . — MONROE COUNTY CODE OF i ' • ORDINANCES;AND PROVIDING g . AN EFFECTIVE DATE. . Pursuant to Section 286.0105, Florida Statutes, notice is given s that if,a person decided to appeal . 'any decision made by the-Board I with respect to any matter"consid- Iered 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- . • • • . cludes the testimony and evidence , upon which the appeal is to be • , . based. ' • • . 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 in{Q@mliDiGQ<:lEl.GQm 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 ***GJ.i.GKnb~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 .i.nfQn@mJJnn.i.G.Q~t~LGQr" · ~J'~~~erri~~t~~~n5~ri'~~~~7e Oth~ot:[t~~gr qr1J~We~~~~~hn1~1~, ~~~W~eekIY. For · ~gl~~~~~~:~:j~oer;,:~:~~~.Tn~~~ti~~1]10nline Code after each meeting. · ~~~~~~ ~6u~~~ee~J~~n~i~~~~I~t~~e~~~fl$~'iN15cess. Visit MCCi for more · W~g]~~gvl~tf~Fg~:~~~~~~gr!2r!r~~~~~{rrt~~~gement, imaging 6/2/2009 Page 2 of2 · ~~~J~;~tl~V~~!i~:~~~~~~ri~g~gln1g~J~~~nm:~~w~~ti~p and tnJ.9_@.m..G..G.~_g.Y.~J}t~.g.~..,.G.Qm . . Neea a better way to manage your Contracts? Visit MCCi's website to learn more about automating your contract management processes. .M.Q_QI . Ever need to search in several online Codes for a sample ordinance? 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Q)-= . . ~:g~ 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 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.f1.us 3: 0 ~ :t> ".... c-:> ~ ~:? r- Z ::::: c::: -< j ~ 1 :::~ v-'_ ~_.,' ~ ("_ (; ;::m:; ~~= ?O 52 -; n:x: :., ;-of J:> ." C> r"- rt1 at c::::t ~ fE ." r- rT1 o ." o ::0 ::0 I'T1 n C) ::::D Q LCI srd , CD 2aI :z - - .. en 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 ADMINISTRATIVE CODE AND WEEKLY 850.245.6270 . FAX: 850.245.6282 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