Ordinance 016-2010
ORDINANCE 016 -2010
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS REPEALING AND
RESCINDING ORDINANCE NO. 029-2008 ADOPTING AN
AMENDMENT TO THE YEAR 2010 MONROE COUNTY
COMPREHENSIVE PLAN AND AMENDING SECTION 4.0
CAPITAL IMPROVEMENTS IMPLEMENTATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF INCONSISTENT PROVISIONS; PROVIDING
FOR TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Capital Improvements Element (CIE) amendment to the Year 2010 Monroe
County Comprehensive Plan was adopted by Ordinance 029-2008 by the Monroe County Board
of County Commissioners (BOCC) on November 19, 2008 and rendered to the Florida
Department of Community Affairs (DCA); and
WHEREAS, the DCA sent a letter of incompleteness on December 24, 2008 requesting
additional information and these documents were submitted by the county to DCA as requested;
and
WHEREAS, On April 6, 2009, the DCA issued a Statement of Intent finding the Amendment
not "in compliance," stating that the amendment was not consistent with Chapter 163, Part II,
F.S., Rule 9J-5, F.A.C., and the State Comprehensive Plan, Chapter 187, F.S.; and
WHEREAS, the DCA offered a second courtesy review on February 3, 2010 requesting
additional financial data and to include Fiscal ~ears 2009-2010 through 2013-2014; and
WHEREAS, the data and policies in Ordinance 029-2008 are now out of date; and
WHEREAS, An update of the Capital Improvements Element (CIE) is required annually
pursuant to F.S. S163.3187 and SI63.3177(3)(b)I.
WHEREAS, the BOCC finds that it is in the best interest of the public and the citizens of
Monroe County to rescind the Amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Reoealer.
Ordinance 029-2008 is hereby rescinded and repealed in its entirety.
Section 2. Severability.
If any section, paragraph, subdivision, clause,- sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflictin2 Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
Section 4. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources Department to
the Florida Department of Community Affairs to determine the consistency of this ordinance
with the Florida Statutes and as required by F.S. 380.05(6) and (11).
Section 5. Filin2.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 6. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 19th of May, 2010.
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Mayor Sylvia J. Murphy
Mayor pro tern Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
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MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
June 2,2010
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronaugh Street
Tallahassee .FL 32399-0250
Via Certified Mail 7005 1160 0000 3841 2280
Dear Ms. Cloud,
Enclosed please find a certified copies of the following Ordinances:
Ordinance No. 015-2010 repealing and rescinding Ordinance No. 038-2006 amending
Table 4.1 Five-year Schedule of Capital Improvements of the Year 2010 Comprehensive Plan;
providing for severability; providing for repeal of inconsistent provisions; providing for
transmittal to the Department of Community Affairs and the Secretary of State; providing for an
effective date.
Ordinance No. 016-2010 repealing and rescinding Ordinance No. 029-2008 adopting an
amendment to the Year 2010 Monroe County Comprehensive Plan and amending Section 4.0
Capital Improvements implementation; providing for severability; providing for repeal of
inconsistent provisions; providing for transmittal to the Department of Community Affairs and
the Secretary of State; providing for an effective date.
Ordinance No. 017-2010 amending Section 19-1 of the Monroe County Code of
Ordinances concerning road abandonments; providing for severability; providing for repeal of
conflicting provisions; providing for an effective date.
Ordinance No. 018-2010 amending the sunset date for A-Frame Signs in Section
142-4(3)(d); providing for severability; providing for repeal of inconsistent provisions; providing
for transmittal to the Secretary of State and Department of Community Affairs; providing for
codification; providing for an effective date.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, held in formal session, on May 19, 2010. Please
file for the record. Should you have any questions please feel free to contact me at (305)
295-3130.
Respectfully submitted,
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: Growth Management
County Attorney ~ ~
File
u.s. Postal SerViCeTr,1
CERTIFIED MAILTr.1 RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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· 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:
F'rogram Administrator
Administrative Code and Weekly
A ,A. Gray Building
S()O South Bronaugh Street
Tallahassee, Florida 32399-0250
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2. Article Number
(Transfer from service label)
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FLORIDA DEPARTMENT or STATE
. .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
June 8, 2010
Honorable DanrLY L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead :Street, Suite 101
Key West, Flori,da 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. KolhaJge:
DAWN K. ROBERTS
Interim Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June: 2, 2010 and certified copies of Monroe County Ordinance Nos. 015-2010 through 018-
2010, which were filed in this office on June 7, 2010.
Sincerely,
~~CR
Liz Cloud
Program Administrator
LCI srd
DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . bttp://dlis.dos.state.fl.us
COMMUN][TY DEVELOPMENT
850.245.6600. FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE 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
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