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Ordinance 004-1998 ORDINANCE NO. 0041998 Mayor Jack London AN ORDINANCE PROVIDING FOR DEFINITIONS; PROVIDING FOR THE EXEMPTION OF THE ASSESSED VALUE OF CERTAIN IMPROVEMENTS MADE AFTER THE EFFECTIVE DATE OF THIS ORDINANCE TO PROPERTIES THAT ARE DESIGNATED ARCHAEOLOGICAL. HISTORICAL OR CULTURAL LANDMARKS UNDER CHAPTER 9.5. ARTICLE VIII. MONROE COUNTY CODE. FROM MONROE COUNTY AD VALOREM TAXATION; PROVIDING FOR AN APPLICATION FEE; PROVIDING FOR THE EXEMPTION 100 PERCENT OF THE VALUE OF HISTORIC PROPERTIES OPEN TO PUBLIC VISITATION IF CERTAIN IMPROVEMENTS ARE MADE AFTER THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR AN APPLICATION PROCEDURE FOR SUCH AD VALOREM TAX EXEMPTIONS; PROVIDING FOR REVIEW OF SUCH APPLICATIONS BY THE DIVISION OF HISTORICAL RESOURCES. DEPARTMENT OF STATE; PROVIDING THE STANDARDS AND PROCEDURE FOR RECOMMENDATIONS FROM THAT DIVISION TO THE BOARD OF COUNTY COMMISSIONERS; PROVIDING PROCEDURES AND STANDARDS WHEREBY THE BOARD MAY GRANT OR DENY AN APPLICATION FOR SUCH AD VALOREM TAX EXEMPTIONS; PROVIDING FOR STANDARDS AND PROCEDURES WHEREBY THE BOARD MAY REVOKE AN AD VALOREM TAX EXEMPTION PREVIOUSLY GRANTED; PROVIDING THAT BOARD RESOLUTIONS GRANTING OR REVOKING SUCH AD VALOREM TAX EXEMPTIONS BE FURNISHED TO THE TAX COLLECTOR; PROVIDING THAT THE PROCEDURES OF THIS ORDINANCE DO NOT SUPERSEDE ANY COUNTY LAND DEVElOPMENT REGULATIONS OR COUNTY ORDINANCES REGULATING CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA. as follows: Section 1. Definitions. State. Division means the Division of Historical Resources of the Florida Department of :3: \.0"'" o~ 0:> r= ~ :::: C- ('T1 ;0 ("'l ~7: J=- \.:J o r- ~ ":: :;;C rn....".-,'. ." b.) Historic property means a building, site, structure or object ~ is- d~n*d ou. .-0 c--:~~. .. as an archeological. historical or cultural landmark under Chap. 9.5, Art. VIII. Mon~~u~ C~e :<:-I::r; w (") .... )> .. 0 . 1 G1 :;::0 r-rrtw...... l> Q'\-- Improvements mean changes in the condition of real property brought about a.) (M.C.C.). c.) by the expenditure of labor or money for the restoration, renovation or rehabilitation of historic properties. Improvements include additions and accessory structures (e.g., a garage) necessary for efficient contemporary use. d.) Foundation means the Historic Florida Keys Foundation. . e.) Renovation or rehabilitation. For historic properties, or the portion(s) of those properties that have historical or cultural significance, renovation or rehabilitation means the act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural, cultural and archeological values. For historic properties, or the historic portions of such properties that are of archeological significance or that are severely deteriorated, renovation or rehabilitation means the act or process of applying measures designed to sustain and protect the existing form and integrity of a property, or re-establish the stability of an unsafe or deteriorated property while maintaining the essential form of the property as it presently exists. f.) Restoration means the act or process of accurately recovering the form and details of a historic property and setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work. Section 2. Ad valorem tax exemption authorized for improvements to historic properties. The Board of County Commissioners may grant an ad valorem tax exemption of 100 percent of the assessed value of all improvements that result from the restoration, renovation, or rehabilitation of such properties, after the Board's receipt of a recommendation from the Division as provided elsewhere in this Ordinance. The exemption only applies to real property and only to taxes levied by the Board of County Commissioners. The exemption does not apply to any taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to Sec. 9(b) or Sec. 12, Art. VII, Fla. Cons't. In order for the improvements to historic property to qualify for the ad valorem tax exemption, the improvements must have been made on or after the effective date of this Ordinance. All exemptions granted under this Ordinance will be for a term of 10 years. Section 3. Properties eliQible for the ad valorem tax exemption: procedure for obtaining the exemption. a.) Only property described as historic property in Sec. 1 (b) and located within 2 unincorporated Monroe County is eligible for an application for the ad valorem tax exemption authorized by Sec. 2. b.) The Division is hereby designated as the representative of the Board of County Commissioners for reviewing applications for the tax exemption authorized by Sec. 2. The Foundation is hereby designed as the representative of the Board of County Commissioners for receiving tax exemption applications and forwarding those applications to the Division. The Foundation is also designated as the representative of the Board of County Commissioners for the purpose of receiving Division recommendations and forwarding those recommendations to the Board of County Commissioners. All applications for ad valorem tax exemptions submitted to the Foundation pursuant to this Ordinance must be accompanied by a $100 application fee payable to Foundation to cover the costs of review and assistance to the applicant. The Board of County Commissioners reserves the right to monitor the use of the application fees received by the Foundation in order to assure that those funds are used for the purpose authorized by this Ordinance. c.) The standards for the review, recommendation, and approval or denial of ad valorem tax exemption applications are set forth in Rules 1 A-38.003 - 1 A-38.005, FAC. Those rules are hereby incorporated into this Ordinance by reference. d.) Any person, firm or corporation that desires an ad valorem tax exemption for improvements to historic properties must. before commencing construction, file with the Foundation the preconstruction portion of the Division's two-part Historic Preservation Property Tax Exemption Application (DOS Form No. HR3E101292 or any substitute form designated by the Division). Once the Foundation staff determines that the preconstruction application is complete, the staff must promptly forward the application to the Division for review and comment. If determined to be incomplete, the application must be returned to the applicant for correction. However, if an applicant requests that his/her application be forwarded to the Division, although the Foundation staff determined that the application is incomplete, then the staff must forward the application to the Division along with a memorandum that notes the deficiencies determined by the staff. 3 e.) Once the Division receives a preconstruction application from the Foundation staff, the Division must review the application pursuant to the procedures and standards set forth in Rules lA- 38.003 - 1 A038.005, FAC. Written copies of the Division's recommendations must be sent to the applicant and the Foundation. If the Division's recommendation finds that the proposed work is inconsistent with the standards of Rule 1 A-38.005, FAC, then the Foundation staff is directed to assist the applicant in making any of the recommended corrections to the proposed work recommended but only to the extent that the Foundation staff is professionally qualified to do so. Failure of the applicant to correct the planned work, as recommended by the Division, may result in the denial of the ad valorem tax exemption by the Board of County Commissioners when the work is finally completed. f.) When the applicant has completed the work, the applicant must file with the Foundation the request for review of completed work (request for review) portion of DOS form described in subsection 3(d), together with any supporting materials required by the Division. If the Foundation staff determines that the request for review is complete, then the staff must promptly forward it to the Division for review and recommendation. If the request for review is determined to be incomplete by the Foundation staff, then it must be returned to the applicant for correction. However, if an applicant requests that his or her application be forwarded to the Division, although the Foundation staff determined that the request for review is incomplete, then the staff must forward the request to the division along with a memorandum that notes the deficiencies determined by staff. g.) When the Division receives a request for review, the Division must review the request pursuant to the procedures and standards set forth in Rules 1 A-38.003 - 1 A-38.005, FAC. On completion of its review of a request for review of completed work, the Division must recommend to the Board of County Commissioners that they grant or deny the ad valorem tax exemption. The recommendation, and the reasons therefor, must be provided in writing by the Division to the applicant and the Foundation. A recommendation to grant the exemption constitutes certification by the Division that the property for which the exemption is sought meets the requirements of Rules 4 1A-38.003 - 1A-38.005, FAC, Sec. 196.1997(1l)(a), F.S., and this Ordinance. Upon receipt of the Division's recommendation, the Foundation staff must forward the recommendation, together with the entire application, to the County Administrator's Office for placement on the public hearing agenda of the Board of County Commissioners. If the Division's recommendation is to deny the ad valorem tax exemption, and the applicant timely elects to pursue a Chap. 120, F.S., administrative appeal of that recommendation, then the Board of County Commissioners may not take any action on the recommendation until the final resolution of the appeal. h.) At the scheduled public hearing, a majority vote of the Board of County Commissioners may, by written resolution, grant or deny the application for an exemption from ad valorem taxes authorized by Sec. 2. If granted, the resolution must contain the following: ( 1 ) The name of the owner, the address of the historic property and the legal description of the property, for which the exemption is granted; (2) The effective date of the 10-year exemption; (3) A finding that the exemption meets the requirements of Sec. 196.1997, F.S., Rules 1 A38.003 - 1 A-38.005, FAC, and this Ordinance. If denied, the written resolution must state the reasons for the denial. L) Before the effective date of the exemption, and as a condition precedent to the exemption taking effect, the owner of property must execute the Historic Preservation Property Tax Exemption Covenant and record the Covenant with the deed for the property in the Official Records of Monroe County. The Historic Preservation Property Tax Exemption Covenant is incorporated into this Ordinance by reference. Section 4. Additional ad valorem tax exemptions for properties open to the public. a.) If an improvement qualifies as a historic property for an ad valorem exemption under Sec. 2, the property is used for non-profit or governmental purposes as set fourth in Rule 1 A- 38004(4), FAC, and the property is regularly and frequently open for the public's visitation, use, and benefit as set forth in Rule 1A-38.004(5), FAC, then the Board of County Commissioners is authorized to grant an exemption from ad valorem taxation of up to 100 percent of the assessed value of the 5 property, as improved, if all the other applicable provisions of Sec. 2 and 3 of this Ordinance are complied with; provided, however, the assessed value of the improvements must be equal to at least 50 percent of the total assessed value of the property as improved. The exemption provided for in this section applies only to real property to which improvements are made by or for the use of the existing owner. In order for the property to qualify for the exemption provided for in this section, any such improvements must be made on or after the effective date of this Ordinance. Section 5. a.) Loss of exemption. The Board of County Commissioners may revoke an ad valorem tax exemption granted pursuant to this Ordinance if: 1.) The owner is in violation of the Historic Preservation Tax Exemption Covenant; 2.) The property has been damaged by accident or natural causes to the extent that the historic integrity of the features, materials, appearance, workmanship and environment. or archeological integrity that made the property eligible for designation under Chap. 9.5, Article VIII, M.C.C., have been lost or so damaged that restoration is not feasible; or 3.) In the case of an exemption granted pursuant to Sec. 4 of this Ordinance, the property is sold or otherwise transferred from the owner who made the application and was granted the exemption or the property no longer meets the requirements set forth in Sec. 4 and Rule 1A-38.004(4) and (5), FAC. b.) If the County Administrator determines that an event described in Subsecs. 5( aJ( 1), (2) or (3) has occurred, he must schedule a public hearing before the Board of County Commissioners requesting that the Board revoke the ad valorem tax exemption. the Administrator must furnish the property owner with a written notice of the hearing, stating the time, date and place of the hearing, together with a written summary of the reason(s) that the revocation is being 6 requested, and a statement that the owner will have an opportunity to be heard and to present witnesses or offer other evidence as to why the exemption should not be revoked. The hearing before the Board of County Commissioners may be informally conducted. At the hearing, the County Administrator (or designee) and the property owner (or designee) may present witnesses or other evidence they believe is relevant. Although the formal rules of evidence will not apply, the Mayor may reject proffered testimony or evidence that is irrelevant or repetitive. Following the hearing, the Board of County Commissioners may, by majority vote, revoke the exemption, in which case the exemption will no longer be in effect, or the Board may determine that the event(s) described in Subsecs. 5(a)(1), (2) or (3) did not occur or, if they did occur, were insufficient to justify revoking the exemption, in which case the exemption will remain in effect. All determinations made by the Board of County Commissioners pursuant to this Section must be memorialized in a written resolution. Section 6. Ad valorem tax exemption resolutions to be furnished to the Property Appraiser The Clerk, on behalf of the Board of County Commissioners, must deliver a certified copy of each resolution granting or revoking a historic preservation ad valorem tax exemption to the Property Appraiser. Upon certification of the assessment roll, or recertification, if applicable pursuant to Sec. 193.122, F.S., for each fiscal year for which this Ordinance is in effect, the Property Appraiser, must report the following information to the County Commission. a.) The total taxable value of all property within the County for the current fiscal year; b.) The total exempted value of all property within the County that has been approved to receive historic preservation ad valorem exemption for the current fiscal year. Ordinance nonexclusive Section 7. This Ordinance authorizes ad valorem tax exemptions for improvements to historic property and a procedure for the BOCC to grant such exemptions. This Ordinance does not 7 supersede, or in any way excuse compliance with, any County Ordinance regulating the use of land or the construction, repair or renovation, of buildings, or other structures. Section 8. Severability If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 9. Repeal of inconsistent ordinance clauses All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 10. Inclusion in the Monroe County Code The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 11. Effective date This Ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this Ordinance has been filed with that Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 14th day of January ,1998. yes absent yes yes yes ..._ '... ..,..A'. COUNTY COMMISSIONERS E By (' 8 DOS Form No. HR3El11292 HISTORIC PRESERVATION PROPERTY TAX EXEMPTION COVENANT This Covenant is made the day of , 19 , by (hereinafter referred to as the Owner) and in favor of (hereinafter referred to as the Local Government) for the purpose of the restoration, renovation or rehabilitation, of a certain Property located at which is owned in fee simple by the Owner and is listed in the National Register of Historic Places or locally designated under the terms of a local preservation ordinance or is a contributing property to a National Register listed district or a contributing property to a historic district under the terms of a local preservation ordinance. The areas of significance of this property, as identified in the National Register nomination or local designation report for the property or the district in which it is located are _architecture, history, archaeology. The Property IS comprised essentially of grounds, collateral, appurtenances, and iI~provements. The property is more particularly described as follows (include city reference, consisting of repository, book, and page numbers): In consideration of the tax exemption granted by the Local Government, the Owner hereby agrees to the following for the period of the tax exemption which is from January 1, , to December 31, 1. The Owner agrees to assume the cost of the continued maintenance and repair of said Property so as to preserve the architectural, historical, or archaeological integrity of the Page Two same in order to protect and enhance those qualities that made the Property eligible for listing in the National Register of Historic Places or designation under the provisions of the local preservation ordinance. 2. The Owner agrees that no visual or structural alterations will be made to the Property without prior written permission of the ( )Division of Historical Resources ( )Local Historic Preservation Office. The address of the certified Local Historic Preservation Office is, if one exists in the jurisdiction: Name of Office/Agency: Address: City: Telephone: Zip: The address of the Division of Historical Resources is: Bureau of Historic Preservation Division of Historical Resources R.A. Gray Building, 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone Number: (904) 487-2333 3. [Only for properties of archaeological significance] The Owner agrees to ensure the protection of the site against willful damage or vandalism. Nothing in this Covenant shall prohibit the Owner from developing the site in such a manner that will not threaten or Page Three damage the archaeological resource, provided that permission for alteration of the site is obtained pursuant to 2. above. 4. The Owner agrees that the ( )Division of Historical Resources ( )Local Historic Preservation Office and appropriate representatives of the Local Government, their agents and designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether or not the conditions of this Covenant are being observed. 5. In the event of the non-performance or violation of the maintenance provision of the Covenant by the Owner or any successor-in-interest during the term of the Covenant, the ( )Division of Historical Resources ( )Local Historic Preservation Office will report such violation to the Property Appraiser and Tax Collector who shall take action pursuant to s. 196.1997 (7), F.S. The Owner shall be required to pay the difference between the total amount of taxes which would have been due in March in each of the previous years in which the Covenant was in effect had the property not received the exemption and the total amount of taxes actually paid in those'years, plus interest on the difference calculated as provided in s. 212.12 (3), F.S. 6. If the Property is damaged by accidental or natural causes during the Covenant period, the Owner will inform the ( )Division of Historical Resources ( )Local Historic Preservation Office in writing of the damage to the Property, including (1) an assessment of the nature and.extent of the damage; and (2) an estimate of the cost of restoration or reconstruction work necessary to return the Property to the condition existing at the time of project completion. In order to maintain the tax exemption, the Owner shall complete the , restoration or reconstruction work necessary to return the Property to the condition Page Four existing at the time of project completion on a time schedule agreed upon by the Owner and the ( )Division of Historical Resources ( )Local Historic Preservation Office. 7. If the Property has been destroyed or severely damaged by accidental or natural causes, that is, if the historical integrity of the features, materials, appearance, workmanship, and environment, or archaeological integrity which made the property eligible for listing in the National Register of Historic Places or designation under the terms of the local preservation ordinance have been lost or so damaged that restoration is not feasible, the Owner will notify the ( )Division of Historical Resources ( )Local Historic Preservation Office in writing of the loss. The ( )Division of Historical Resources ( )Local Historic Preservation Office will evaluate the information provided and notify the Owner in writing of its determination regarding removal of the Property from eligibility for tax exemption. If the ( )Division of Historical Resources ( )Local Historic Preservation Office determines that the property should be removed from eligibility for tax exemption, it will notify the Property Appraiser of the county in which the Property is located in writing so that the tax exemption can be cancelled for the remainder of the Covenant period. In such cases, no penalty or interest shall be assessed against the Owner. 8. If it appears that the historical integrity of the features, materials, appearance, workmanship, and environment, or archaeological integrity which made the Property eligible for listing in the National Register of Historic Places or designation under the terms of the local preservation ordinance have been lost or damaged deliberately or through gross negligence of the Owner, the ( )Division of Historical Resources ( )Local Historic Preservation Office shall notify the Owner in writing. For the purpose of this Covenant, "gross negligence" means the omission of care which even inattentive and Page Five thoughtless persons never fail to take of their own property. The Owner shall have 30 days to respond indicating any circumstances which show that the damage was not deliberate or due to gross negligence. If the Owner cannot show such circumstances, he shall develop a plan for restoration of the Property and a schedule for completion of the restoration. In order to maintain the tax exemption, the Owner shall complete the restoration work necessary to return the Property to the condition existing at the time of project completion on a time schedule agreed upon by the Owner and the ( )Division of Historical Resources ( )Local Historic Preservation Office. If the Owner does not complete tbe restoration work on the agreed upon time schedule, the ( )Division of Historical Resources ( )Local Historic Preservation Office will report such violation to the Property Appraiser and Tax Collector who shall take action pursuant to s. 196.1997 (7), F.S. The Owner shall be required to pay the differences between the total amount of taxes whicb would have been due in March in each of the previous years in which the Covenant was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in s. 212.12 (3), F.S. 9. The terms of this . Covenant shall be binding on the current Property owner, trapsferees, and their heirs, successors, or assigns. This Covenant shall be enforceable in specific performance by a court of competent jurisdiction. OWNER Name Signature Date Page Six LOCAL GOVERNMENT: " Name of Authorized Local Official Title Signature Date V. I, p. 62-9 EXEMPTIONS FOR IllSTORIC PROPERTIES (R. 12/96) IA-38.003 CHAPTER IA-38 TAX EXEMYI'IONS FOR mSTORIC PROPERTIES Purpose. (Repealed) Defmitions. Application for Exemption. Evaluation of Property. Evaluation of Improvements. Covenant. Certification of Local Historic Preservation Office: IA-38.00l IA-38.002 IA-38.003 IA-38.004 IA-38.005 IA-38.006 IA-38.007 IA-38.001 Purpose. $pec;Jic AlIlhority 120.53, 196.1997(6), (13), 196.1998(3) FS. Law /mplemellled /96.1997, 196.1998 FS. History- New /-31-94, Repealed 12-18-95. IA-38.002 Definitions. The following words and phJ'ases, when used in this chapter, shall have the following meanings, except where the context clearly indicates a different meaning: (I) "Contributing property" means a building, site, structure, or object which adds to the historical architectural qualities, historic associations, or archaeological values for which a district is significant because (a) it was present during the period of significance of the district, and possesses historic integrity reflecting its character at that time, (b) is capable of yielding important information about the period, or (c) it independently meets the National Register of Historic Places criteria for evaluation set forth in 36 CFR Part 60.4, incorporated by reference. (2) "Division" means the Division of Historical Resources of the Department of State. (3) "Historic property" means a building, site, structure, or object which is: (a) individually listed in the National Register of Historic Places; (b) a contributing property in a National Register listed historic district; (c) designated as a historic property or landmark under.the provisions of a local historic preservation ordinance; or (d) a contributing property in a historic district designated under the provisions of a local historic preservation ordinance. (4) "Improvements" means changes in the condition of real property brought about by the expenditure of labor or money for the restoration, renovation or rehabilitation of such property. Improvements include additions and accessory structures (i.e., a garage) necessary for efficient contemporary use. (5) "Local government" means the board of county commissioners or the governing authority of the municipality that has adopted an ordinance providing for property tax exemption for improvements to historic properties pursuant to Section 196.1997 or 196.1998, F.S. (6) "Local historic preservation office" means a local government agency certified by the Division as qualified to review applications for property tax exemptions pursuant to Sections 196.1997 or 196.1998, F.S. (7) "National Register of Historic Places" means the list of historic properties significant in American history, architecture, archeology, engineering and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966 (Public Law 89-665; 80 STAT. 915; 16 U.S.C. 470), as amended. (8) "Noncontributing property" means a building, site, structure, or object which does not add to the historic architectural qualities, historic associations, or archaeological values for which a district is significant because (a) it was not present during the period of significance of the district, (b) due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity reflecting its character at that time or is incapable of yielding important information about the period, or (c) it does not independently meet the National Register of Historic Places criteria for evaluation. (9) "Renovation" or "rehabilitation". For historic properties or portions thereof which are of historical or architectural significance, "renovation" or "rehabilitation" means the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, cultural and archaeological values. For historic properties or portions thereof which are of archaeological significance or are severely deteriorated, "renovation" or "rehabilitation" means the act or process of applying measures designed to sustain and protect the existing form and integrity of a property, or reestablish the stability of an unsafe or deteriorated property while maintaining the essential form of the property as it presently exists. (10) "Restoration" means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work. (II) "Useable space" ,means that portion of the space within a building which is available for assignment or rental to an occupant, including every type of space available for use of the occupant. Specific Authority /96.1997. /96./998 FS. Law /mplemenled /96./997, /96./998 FS. History-New / -3/-94. lA-38.003 Application for Exemption. (I) Except as provided in rule IA-38.003(2), application for the property tax exemption shall be made on the two-part Historic Preservation Property Tax Exemption Application, DOS Form No. HR3ElO1292, effective 1-31-94 and incorporated by reference. This form may be obtairied by writing the Division at: Bureau of Historic Preservation, 500 South Bronough Street, Tallahassee, Florida 32399-0250, or from the local historic preservation office in the jurisdiction of the (R. 12/96) lA-38.004 DEPARTMENT OF STATE V. 1, p. 62-10 local government Part I, the Preconstruction Application, shall be submitted before improvements are initiated and Part 2, the Request for Review of Completed Work., shall be submitted upon completion of the improvements. (2) In lieu of DOS Form No. HR3ElO1292, any local government with a local historic preservation office certified pursuant to rule IA-38.007, may develop an alternative application fonn for use by property owners within its jurisdiction; however, such alternative application fonn shall: (a) at a minimum, require the property owner to provide the infonnation indicated in DOS Fonn No. HR3EI0l292, (b) be in the two-part fonnat of DOS Form No. HR3EIOI292, and (c) be approved by the Division. (3) Completed PreconsbUction Applications and Requests for Review of Completed Work. shall be submitted by the property owner to the local historic preservation office or the Division, whichever is designated by the local ordinance as the representative of the local government for the purpose of reviewing applications for the property tax exemption. (4) Upon receipt of the completed Preconstruction Application and all required supporting materials, the local historic preservation office or the Division shall conduct a review to detennine (a) whether the property for which an exemption is requested satisfies Section 196.1997(11)(a), F.S., (b) whether the proposed improvements are consistent with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1990), U.S. Department of the Interior, National Park. Service, incorporated by reference, and the criteria in Chapter IA-38, and (c) for applications submitted under the provisions of Section 196.1998, F.S., whether the improvements meet the criteria in rule IA-38.004(3) an4 (4). Copies of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings may be obtained by writing the Division at the address indicated in rule IA-38.003(l) or from the Superintendent of Documents, U.S. Government Printing Office, Washington D.C., 20402. (5) On completion of the review of a Preconstruction Application, the local historic preservation office or Division shall notify the applicant and the local government in writing of the results of the review and shall make recommendations for correction of any planned work. deemed to be inconsistent with the standards cited in rule IA-38.005. (6) Each review of a Preconstruction Application conducted by the Division shall be completed within 30 days following receipt of the completed application and all required supporting materials. Each review of a Preconstruction Application conducted by a local historic preservation office shall be completed consistent with the routine schedules and procedures of the local design review body as set forth by the local government (7) Upon receipt of the Request for Review of Completed Work. and all required supporting materials, the local historic preservation office or the Division shall conduct a review to detennine whether or not the completed improvements are in compliance with the work. described in the approved Preconstruction Application, subsequent approved amendments, if any, and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. The local historic preservation office or the Division, as applicable, reserves the right to inspect the completed work. to verify such compliance. (8) On completion of the review of a Request for Review of Completed Work., the local historic preservation office or the Division shall recommend that the local government grant or deny the exemption. The recommendation, and the reasons therefor, shall be provided in writing to the applicant and to the local government The recommendation shall advise the applicant of his right to a fair hearing pursuant to Section 120.57, ES., and procedures set forth by the local government (9) Each review of a Request for Review of Completed Work. conducted by the Division shall be completed within 30 days following receipt of the completed request and all required supporting materials. Each review of a Request for Review of Completed Work. conducted by a local historic preservation office shall be completed consistent with the routine schedules and procedures of the local design review body as set forth by the local government Specific Authority 196.1997(6) FS. Low Implemented 196./997. 196.1998 FS. History-New 1-3/-94. lA-38.004 Evaluation of Property. (I) PreconsbUction Applications submitted to the Division for properties which have been individually designated as historic properties or landmarks under the provisions of a local historic preservation ordinance shall include documentation substantiating such designation and describing the historic, archaeological or architectural features which provided the basis for designation. Acceptable documentation shall include a copy of the designation report for the property and official correspondence notifying the property owner of designation. (2) For properties located in a historic district listed in the National Register of Historic Places, the local historic preservation office or the Division shall apply the definitions of contributing and noncontributing properties as set forth in rule IA-38.002(1) and IA-38.002(6), respectively, to detennine whether the property is a contributing property. (3) For properties located in a historic district designated by local ordinance, the local historic preservation office or the Division shall apply the criteria set forth in the local ordinance to detennine whether the property is a contributing property. If . V. 1, p. 63 EXEMPTIONS FOR mSTORIC PROPERTIES (R. 12/96) lA-38.006 the local ordinance does not include criteria or a process sufficient to detennine whether the ~~isaoo~oo&g~~~, the local historic preservation office or the Division shall apply the definitions of oontributing and noncontributing ~rties as set forth in rule lA-38.004(I) and lA-38.002(6), respectively, to detennine whether the prope~ is a oontributing ~~. (4) For purposes of the exemption under Section 196.1998, F.S., a pro~~ is being used for government or non~fit purposes if the occupant or user of at least 65 ~rcent of the useable space of a historic building or of the upland C9mponent of an archaeological site is an agency of the federal, state or local government, or a nonprofit corporation wbose articles of incorporation have been filed by the Department of State in accordance with Section 617.0125, F.S. (5) For purposes of the exemption under Section 196.1998, F.S., a prope~ is oonsidered regularly and frequently open to the public if public access to the pro~~ is provided not less than 52 days a year on an equitably spaced basis, and at other times by appointment Nothing in this rule shall prohibit the owner from charging a reasonable nondiscriminatory admission fee. Specific Authority 196.1997(/3), 196.1998(3) FS. Law Implemellled 196.1997. 196.1998 FS. History--N~ 1-31-94. lA-38.00S Evaluation of Improvements. The local historic preservation office or the Division shall apply the recommended approaches to rehabilitation as set forth in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings in evalua&g the eligibility of improvements to the historic pro~~. For improvements intended to protect or stabilize severely deteriorated historic properties or archaeological sites, the local historic preservation office or the Division shall apply the following additional standards: (I). Before applying protective measures which are generally of a temporary nature and imply future historic preservation work, an analysis of the actual or anticipated threats to the pro~~ shall be made. (2) Protective measures shall safeguard the pliysical oondition or environment of a prope~ or archaeological site from further deterioration or damage caused by weather or other natural, animal or human intrusions. (3) If any historic material or architectural features are removed, they shall be properly recorded and, if possible, stored for future study or reuse. (4) Stabilization shall reestablish the structural stability of a property through the reinforcement of loadbearing members or by arresting material deterioration leading to structural failure. Stabilization shall also reestablish weather resistant conditions for a property. (5) Stabilization shall be accomplished in such a manner that it detracts as little as possible from the property's appearance. When reinforcement is required to reestablish structural stability, such work: shall be concealed wherever possible so as not to intrude upon or detract from the aesthetic and historical quality of the property, except where ooncea1ment would result in the alteration or destruction of historically significant material or spaces. Specific Authority 196.1997(/3). 196.1998(3) FS. Law Implemellled 196.1997, 196.1998 FS. History--N~ 1-31-94. lA-38.006 Covenant. (I) Except as provided in rule IA-38.006(2), a prope~ owner qualifying for an exemption pursuant to Sections 196.1997 and 196.1998, F.S., and the local government granting the exemption shall execute the Historic Preservation Property Tax Exemption Covenant, DOS Fonn No. HR3EI11292, effective 1-31-94 and incorporated by reference. DOS Fonn No. HR3EI I 1292 may be obtained by wri&g the Division at the address in rule IA-38.003(1) or from the local historic preservation office in the jurisdiction of the local government On or before the effective date of the exemption, as established by the applicable local government, the owner of the prope~ shall have the Covenant recorded with the deed for the prope~ in the official records of the county in which the property is situated. (2) In lieu of DOS Fonn No. HR3Elll292, any local government may develop an alternative fonn of covenant for use within its jurisdiction; however, such alternative fonn of covenant shall: (a) at a minimum, bind the parties to conditions and requirements equivalent to those set forth in DOS Fonn No. HR3Ell1292, and (b) be approved by the Division. (3) The following conditions shall provide justification for removal of a property from eligibility for the prope~ tax exemption provided under Section 196.1997, F.S.: (a) The owner is in violation of the provisions of the Historic Preservation Tax Exemption Covenant; or (b) The prope~ has been damaged by accidental or natural causes to the extent that the historic integrity of the features, materials, appearance, worIcmanship and environment, or archaeological integrity which made the pro~~ eligible for listing in the National Register or designation under the provisions of the local preservation ordinance have been lost or so damaged that restoration is not feasible. (4) For the exemption provided under Section 196.1998, F.S., the following conditions, as well as those indicated in rule IA-38.006(3), shall justify removal of a property from eligibility for the exemption: (a) The property is sold or otherwise transferred from the owner who made application and was granted the exemption; or (b) The property no longer meets the requirements set forth in rule IA-38.004(4) and IA-38.004(5). Specific Authority 196.1997(7) FS. Law /mplemellled 196.1997, 196.1998 FS, History--N~ 1-31-94. (R. 12/96) IA-38.007 DEPARTMENT OF STATE , V. I, p. 64 IA-38.007 Certification of Local Historic Preservation Office. (1) Criteria for certification shall be as set forth in Sections A and B of the Florida Certified Loca1 Government Guidelines' (Revised November 1993) promulgated by the Division and incorporated by reference. These guidelines may be obtained by writing the Division at the address in rule 1 A-38.003(1). (2) Existing Certified Local Governments shall automatically be designated local historic preservation offices for the purposes set forth in Sections 168.1997 and 168.1998, ES. (3) Other local governments requesting certification of a local historic preservation office shall apply on the Application for Certification, Florida Certified Local Governments Program, which is Appendix C to the Florida Certified Loca1 Government Guidelines. (4) Within 45 days following receipt of a complete Application for Certification and, all required supporting material, the Division shall render a written detennination regarding the application, either approving or denying certification for the purposes set forth in Sections 196.1997 and 196.1998, F.S. For denials, the Division shaH provide the applicant with an explanation, clearly indicating the reasons for denial. (5) Certification pursuant to this rule shall remain in effect so long as the local government maintains a program which meets the minimum requirements set forth in Sections A and B of the Florida Certified Loca1 Government Guidelines. Specific Authority /96./997(6) FS. Law /mplemellled /96./997. /96./998 FS. Hisrory-New /-3/-94. .. mannp 1.. itolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARA'THON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUN1Y 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTA nON KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 January 26, 1998 CER'l'D'lED MAll.. RETURN RECEIPI' REQUESTED Mrs. Liz Cloud Florida Department of State Bureau of Administrative Code and Laws The Elliot Building 401 South Monroe Street Tallahassee, Fl. 32399-0250 Dear Mrs. Cloud: Enclosed please find a certified copy of Monroe County Ordinance No.004-1998, providing for definitions; providing for the exemption of the assessed value of certain improvements made after the effective date of this Ordinance to properties that are designated archaeological, historical or cultural landmarks under Chapter 9.5, Article VIII, Monroe County Code, from Monroe County ad valorem taxation; providing for an application fee; providing for the exemption 100 percent of the value of historic properties open to public visitation if certain improvements are made after the effective date of this Ordinance; providing for an application procedure for such ad valorem tax exemptions; providing for review of such applications by the Division of Historical Resources, Department of State; providing the standards and procedure for recommendations from that division to the Board of County Commissioners; providing procedures and standards whereby the Board may grant or deny an application for such ad valorem tax exemptions; providing for standards and procedures whereby the Board may re10ke an ad valorem tax exemption previously granted; providing that Board resolutions granting or revoking such ad valorem tax exemptions be furnished to the Tax Collector; providing that the procedures of this Ordinance do not supersede any County Land Development Regulations or County Ordinances regulating construction; 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. , ,"',:,,,~ _.>-:,~..' ';'_'01('';;'; II Mrs. Liz Cloud January 26,1998 Page 2 This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, in formal session, on January 14, 1998. Please file for record. Sincerely, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Ruth Ann Jantzen. ~.utA)~ De ty Cle Enclosure cc: Mayor Jack London County Attorney County Administrator Growth Management Director Property Appraiser Tax Collector Municipal Code Corporation File ~ ";;6"~.; A'~'!.._;".., DIVISIONS D.f FLORIDA DEPARTMENT OF STATE t )t!ll'l' III tht..' St.'(rd.H~ l )tth."t..' lIt Intcrn.ltllll'l.ll Rl'I.ltilllb I )j," i:-;Il Hl {It Ad l11ini~tr,lti\'l' Ser\"j(l's ()l\'i~h)l"lllf Cllrpl1f.ltillllS I )I\'i~illllnt L'UltUf,,1 Atf.lirs l)i\'i:--il1n llf Flcrtilllb Di\iShlll lIt Ilishlric,ll Rl'Sllllrn'S I)i, i:-.illllllf 1.lbr.1f\" ,Inti Inh'rm,ltion St..'f\'icl'S I )i\ I:--HlIlllt I,il.'l'nsinh " MEMBER OF THE FLORIDA CABINET Historic Florid., Kl'YS Prt.'sl'rv,ltion Bo.ud liistorir 1'.1101 Ul'ach Cllunty Pn'Sl'rv,ltitltl BO.Hd Ilishlrir Ill'nS,lnll,l IJrt'Sl'n',ltilHl Ihl,lrd Hishlric St. AUgllstil'll' Prl'Sl'r\'lltillll Bll.Hd l 'btoric Tall.lhasSl'l' Prl'Sl'fv.ltiOI1 Bp,Hd Ilistll,ic T.lmp.l/llillsborllugh l ",,,,Iv Prl'Sl'r\"ltipll Bo.lrd Ringling MlISl'Wll 01 ^rt FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS January 30, 1998 Attention: Ruth Ann Jantzen, Deputy Clerk -". ~.O -=1 -'-~ 0 ' ' 0::> -.., 1'- r:-~2t- rr1 fT1 C:1 C.:;J ~-. , -:, ("') . N 0 or-, c: :-:; :;-:J :~:: .... .. . ~ ::-e) -I ("') :-- ;',1 ;<:-1: . ~ C) -rj :;> C.> r- t:;) U1 :::7J > f'''~ CJ1 ::::1 Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your two letters dated January 26, 1998, and certified copy each of Monroe County Ordinance Nos. 98-03 and 98-04, which were filed in this office on January 29, 1998. Sincerely, Li~e~ Bureau of Administrative Code LC/mw ~ BUREAU OF ADMINISTRATIVE CODE The Elliot Building · 401 South Monroe Street · Tallahassee, Florida 32399-0250 · (904) 488-8427 FAX: (904) 488-7869 · WWW Address http://www.dos.state.fl.us · E-Mail: clc(ti(J//@lIlI1il,do~,~tntt',fI.lI~ '~~~~';.~: '1P'.(t;,-iIt;.<:'. ~-"'! ~"~,.....,_______"____~..,....-.,,.._~ ..-.-,-.-..-.-.- .-.-,-i~ ~' lu-r tI/ 111.:..,:, 0 I!r~ ~ ~ ~ 0 !I'~. ~ 1II ~~~.~ .,. 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P 381 826 417 ~ Receipt for .' Certified Mail " No Insurance Coverage Provided c~"'o".r"l Do not use for International Mail ,,"'... s<."oC. (See Reverse) ..... P 381 826 41b ~. Receipt for ~- Certified Mail __ No Insurance Coverage Provided ~~~:p~l~~~ Do not use for International Mail (See Reverse) < ~". , '1 , r : < J f: P.O. BOX 2235 ,.'fll In MUNICIPAL CODE CORP. f' l). ';',il""fll! .'1'.',[;(1(' TALLAHASSEE, FL. 32316-2235 $ ('7<--) " / fp(' RestrlctecJ D,'llvl'ry Fee en en C> c :> , o o CO M E o u.. ~ ORD.001,002,004-1998 F'u' . - S:"~( ;: Dc:::'.-c'{ fee He;;;t': ... al al C> c :> , T U 1 Al Postage o & Ft)l~S o CO M E o u.. Ul ORD. a.. 'll PROOF OF PUBLICATION THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) . . 1 Tom Schumaker ' Before the undersigned authority persona Iy appeared _ ~ . _~__ who on oath, says that he/she 1 Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON. in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of Tntpnti on to Consider Adoption of IN THE MATTER OF: Landmarks' C:ollnty nrr'li nrlnrp in the Court was published in said newspaper in the issues of ~~er 20, 27, 1997 -----" Alliant.further says that the said FLORIDA KEYS KEYNOTER is a newspaper at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- paper has heretofore been continuously published in said MONROE COUN- TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been entered as second class mail matter at the post office in MARATHON, in said MONROE COUNTY, FLORIDA, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant fur- ther says that he has neither paid nor promised any person, firm, or corpo- , ration any discouJit, rebate, commission or refund for the purpose of secur- ing this advertisement for publication in the said newspaper.(SEAL) SEE REVERSE ~ DOROTHY C. SHEA ... My Comm [lip. 101 1 I'Ullt.lC ~ 80ndecI By ServIct Ills No.CC688796 I'1l'SGIlIIy ~ I J 0IlIr 1.0, ::r o 0 :z:: >- :::0_-".. 0''':;;:: 1"11!:::S -..... ' O' ,-.. on: S5;;::rr: ~_. a -inr- :<:-1::;:- '"'1 l> r- C) .1> f'l1 \.0 CO !i;; ;:: ~ ~ -,;:, :&: ~ CJ!J ~ .." r= ,." o ,., <:> ;:0 ;0 F'T1 C"') <:) :::0 o (seal) SWORN TO AND SUBSCRIBED BEFORE ME THIS 29th DA Y OF December A.D. 19 97 ~M .-0- no, 4351 BOO NanCE OF INTENTION TO CONSIDER p,[)OPTiON OF , cOUNTY ORQINANCE NoTICE IS HEREBYGI'-EN TO . WHOM IT MAY CqNCERN thet on Wednftdey. Jam"ety 14. 1998. et 10:00 AM at the Har- vey Centar - Truman School. 1200 Truman ,Aven..... Key West, .Monroe County. Florid,,: theBoerd of County Commis- sioners of Monroe Ci:>unty, Flori- . cia. intends to c;onsider the adoption of the following Coun- ty ordinamce: . AN oRDINANCE, PROVIDING FOR DEFINITIONS; PROVIDING FOR THE EXEMPTION OF THE ASSESSED VALUE OF CER- TAIN IMPROVEMENTS MADE AFTER 'THE EFFECTIVE DATE OF THIS ORDINANCE TO PROPERTIES THAT ARE DES- IGNATED ARCHAEOLOGICAL. HISTORlCAl ORCULTl.JRAL LANDMARKS UNDER CHAP- ,TER 9.5. ARTICLE VIII. MON- ROE COUNTY CODE. FROM MONROE COUNTY AD VALOR- .EM TAXATION: PROVIDING FORAN A~PLICATION FEE: PROVIDING FOR .THE EXEMP- TION 100 PERCENT OF THE -VALUE Of HISTORIC PROPER- .TIES OPEN TO PUBLIC VISITA- TION IF CERTAIN IMPROVE- MENTSARE MADE AFTER THE EFFECTIVE .OA TE OF THIS OR- DINANCE: PROVIDING FOR AN APPUCATION PROCEDURE FOR SUCH AD VALOREM TAX EXEMPTIONS: PROVIDING FOR REVIEW OF SUCH APPLI- CATIONS BY THE DIVISION OF HISTORICAL RESOURCES, DE- PARTMENT OF STAll:: , PRO- VIDING THE STANDARDS AND PROCEDURE FOR REC- OMMENDATIONS FfIOM THAT DIVISION TO 'THE80ARD OF COUNTY COMMISSIONERS: PROVIDING PROCEDURES AND STANDARDS WHEREBY THE BOARD MAY GRANT OR DENY AN APPLICATION FOR SUCH AD VALOREM TAX EX- EMPTIONS; PROViDING FOR STANDARDS AND PROCE- DURES WHEREBY THE BOARD MAY REVOKE AN AD VAlOR- EM TAX 'EXEMPTION PREVI- OUSt Y GRANTED: PROVIDING THAT BOARD RESOlUTIONS GRANTING OR REVOKING SUCH AD VALOAEM TAX EX- EMPT, IQNS BE FURNISHED TO THE. TAX COlLECTOR: PRO- VIDING THAT TliEPROCE- DURES OF THIS ORDINANCE .00' NOT sUPERSEDE ANY COUNTY LAND DEVELOP- MENT REGULATIONS OR COUNTY ORDINANCES I'lEGU- lATING CONSTRUCTION; PROVIDING FOR SEVERABILI- TY; PROVIDING FOR '[HE RE- PEAL OF' ORDINANCES IN- CONSISTENT -HEREWITH; PROVIDING FOR INCLUSION IN THE. CODE OF ORDI- NANCES; PROVIDING FOR AN EFFECTIVE DATE, . Pursuant to Section 2.86,01 05. Floricla Statutes. notice, is 'given that if a person dacldes to ap- peal .any decision' m!'de by the Board ~ith respect to amy mat- ter consIdered at thehear.ng; he will need a record of the pro- ceedings. amd that. for such pur~ pose. he may need to ensure that a verbatim f'lOCord of the r.,~~IGS:~~he~ii~~~c: ..';:d evidence upon which tl:le appeal is to be based, . Copies of th" above..-eferenced' ordinan'ce are available, forre- vitfW at the various public librar- ies in Monroe County. FI~rid~. ~~~d:~ ~b=~~~~~rs DANNY l KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe.County, Florida Pub6sh December 20. 27, 1997, Florida Keys:Keynot~r, , ePlL ~ 0 ~ ~ 2::> r- :::0 ;;.;:: '- rr'1 0;2:0'::. ~ 0 ,..,,~-( -- n' r- ~ .." on. ~ 0 S; ::0;'-: ;::0 ...... a ." -in r- 3: :::0 STA TE OF FLORIDA ;<:-I:r: Go) f.j "TJ .l> .. 0 COUNTV OF MONROE ~ ~ CJ1 ::v 13<.'1<.))(' the undersigned authority pelson::!lly appc.;lfed Randy G Erickson, who on oath saysCffJatO he 15 Advel1ising Manager of the Key West Citizen. a daily newspaper published at Key \Vest ill M o III <1e COlln' y. FI OJid,. I hal I he a" ached copy <1 f 1 he ad vert isemenl, being 'i legal nol ice In themallerofN.O.-;:I7I(../)It...rJ..4.1l1.J h IJYI Q (i:7-1lA"J/Yl !~ in the rJ Iff COUri, was published in said newspaper in the issues of iliA.. ?~(y /qq ') 9(/1 2 /99/1 t Published Dally Key \Vest, 1'donroe County, Florida 33040 Affiant furiher says that the said The Key \Vest Citizen is a newspaper published at Key West, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays and specified holidays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and ailiant 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 adveriist>f11cnt for publ.ication in the said newspaper l$.I~;;.i"~~', Teresa Gayle Darli~g ~f i:! MY COMMISSION II CC585942 EXPIRES ~;;" ,io.~ September 17, 2000 "it,;,~f.,~~~'~"" BONDED THAU TROY FAIN INSURANCEt INC. Signature of Affiant Swom and subscribed before me this 3d day of J~ J997 - '-j~>>~ . d-/~' Signature of Not 'y PublIC I..x pr re') _ flcI',()Il:illy 1<1l0WIl I'r<JdlJ<:(:d IdcllTdicatlon 11'1)(' o!ldclllific:iIIOIl I'r(j(J\J(('d __0 -11 -ZODG NOlary Seal ~,\~lrU"" Teresa Gayle DarIng ttAJ~ MY COM~~~I~~rc;7~~ EXPIRES ',;.., ,-c .",'i" "W,.~<U HlRU TROV FAIN lNSUIWlCE, INt, 't"Hr,,~,"~ NOTICE OF INTENT10NTO CON- SIDER ADQPl10N OF COUNTY OlmlNANCE NOTICE IS "HEREBY GIVEN TO WHOM IT ~YCONCERNt!lat on Wednesday; January 14, 1998, at 10:00 AM "at the Harvey Center-Tru- man School, 1200 Truman Avenue, ' Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the folloW- ing County ordinance: AN,O,RDNANCE PROVIDING FOR OEFINITIONS; PROVIDING FOR ~!!EXEMPTIONOF THE AS- ~ESSED VALUE OF CeRTAIN IM- pF\OVEMENTS MADE AFTER THE EFFe.cmvE .DA TE OF THIS ORDl- NANce TO' PROPERTIES THAT AREDESIC,lNATltD-ARCHAEOLOG- ICAL HlSTORICAL OR ' CULTURAL LANDMARKS UNDER CHAPTER 9.5, 'ARTICLE VII, MONROE COUNTY CODE, FROM MONROE COUNTY AD VALOREM TA't-A- TION;PROVIDING FOR AN APPLI- CATION FEE; PROVIDING FOR THE EXEMPTION 100 PERCENT OF THE VALUE OF' HISTORIC PROPERTIES OPEN TO PUBLIC VISITATION IF CERTAIN IM- PROVEMENTS ARE MADE AFTER THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR AN APPLlCATIONPROCEDUREFOI3 SUCH AD VALOREM TAX exEMf'- TIONS:f'ROVIDINGFOR REViEW OF'SUCH APPLlCATIQNS,f3Y THE DIVISION OF HISToFUC'AL RE- SOURCES, DEPARTMENT OF STATE; PROVIDING TME STAN- DARDS AND PROCEDURE FOR RECOMMENDATIONS FROM THAT DIVISION TO THE, BOARD OF COUNTY COMMISSIONERS: PRO- VlblNG PROCEDURES AND STAN- DARDS,WHEREBY THE BOARD MAY GRANT OR DENY ANY APPLI- CATION FOR SUCH AD VALOREM TAX EXEMPTIONS; PROVIDING FOR STANDARDS AND PROCE- DURES WHEREBY THE BOARD MAY REVOKE AN AD VALOREM TAX EXEMPTION PREVIOUSLY GRANTED; PROVIDING THAT BOARO RESOLUTIONS GRANTING OR REVOKING SUCH AD VALO- REM TAX EXEMPTIONS BE FUR- ",tSHED TO THE TAX COLJ,J!C10R; PROVIDING THAT THE PROCE- DURES OF THISO!'ptNANCE DO ~. HEREWITH; PROVIDING FOR 'IN- CLUSION IN THE CODE OFORDI- NANCES; PROVIDING FOR AN EF- FECTIVE DATE. , pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if a person decided to appeal any deci. sionmade by the Board with respect to any matter considered at suq/l hearin(js or meetings; he will need a record of the proceeding~, and that, for SUch purpose, he may need to en- sure that a verbatim record of the proce~ings.is made, which ,record includes the testimony and evidence upon which the appeal ,is to be based' ".".'J;gej ".,,'. Cople~ of th,e '~ve<it;lJer~!'Iced,ordi- nance ar. available.tOf..revieWaHhe various public libraries in Monroe County, Florida. . DATED at Key West, this 20th day of December, '1997. DANNY L. KOLHAGE Clerk oUhe Circuit Court and ex offi- cio Clerk of the Board of County Commissioners of Monroe Cow'lty, .Rorlda December 281\. 1"7 & ,January 2nd. 1988 7~ Serving the Florida Keys P.O. Box 1197. Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8249 STATEMENT OF PROOF OF PUBLICATION USPS 1905580 STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad. IN THE MATTER OF NOTICE OF INTENTION RE: DEFINITIONS Was published in said newspaper in the issue 12/25/97 & 1/1/98. Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. &d(~ - SEAL $j ,-1i4J 3: 0 \.0 " ~~ (X) r- ;;0_"",_ ~ rr1 0"'- 0 rr1 r- ~ :z: :A f'.) "TJ SWORN TO AND SUBSCRIBED BEFORE ME THIS 2nd DAY OF JANUARY. 8Br:- 1983 ~ C::;o~ -0 ::z. c> __ ::::0 -to r- -- rrt :<:-f= w_ n "Tl:J:> 0 r- en en ::::0 :I> rr1 f'.) 0 4~p~ NOTARY PUBLIC MY COMMISSION EXPIRES: 'f:J,,\~y !JIII,- ~nvt: *il* "'''' It 'f~OFF\.a'" DAVEE R DOVE Mv Co_~ cc.t31S78 ElCPlr.. Feb. 06. 11199 Bonded by ANB 800-852-5878 NOTICEOIl' INTEN'I'ION 19~ ADOPI1OK OF COUNTY OIIIINANCE NoncE IS HEREBY GIVEN TO WHOM IT MAY CON- CERN thalon Wednesday. January 14.1998.allO:OOAM al the Harvey Cenler- Truman School. 1200 Truman Avenue. Key Wesl. Monroe CQUJlty. Florida the Board ofCountyCoQlllli.SIiOIlen of Monroe Counly. ~4a. intends 10 coosider lbe adoptioo of the follc.1Win& Counly ordi- nance: ' ~NORDINANCEPROVlDINGFORDEFlNmONS;PROviDlNGFOR 1lIE EXEMPTION OFnfEASSES~Ep V~UE OF CERTAIN 1M- PROVEMENTSMADE AFTER nmEFFECl1VE, DATE OF nos ORDINANCE'IOPROPERnESmA T AREDESIGNA~ARCHAE- .OLOGICAL. HISTORICAL OR CULnJRAL LANDMARKS ONDER CHAPTER. 9.5. ARTICLE VIII. MONROE COUNTY CODE; FROM M()NRO~WUNTYAD V ALOREM TAXATION; PRoVIDING FOR AN APPUCA110NFEE; PROVIDING f'OR.nfE EXEMnlON 100 PERCENT OF mE \1^LUE OF HISTORIC PROPERTIES. OPEN 10' PUBLlCYISmON IF CERTAIN IMPROVEMENTS AU MAPE AF- TER THEEFfF.CTIVE DATE OF 1lfIS ORDlNANCE;PROVlDING FOR ANAPPLlCAnON PkOCEOORJ$ FOR SUCH AD V ALQREtd TAXEXf,MPl10NS;PROVIDINGFOR REVIEwOPSUCH APPiJet.- TIONS BY1lIEDIVISION OF HlSOR'J1CJ\L RESOURCES. DEPART- MENT OF STATE; PROVIDING 1HE STANDARDS AND PROCE- DUREFOR REC9~ENDATIONS FROM.mATDIVlSIONTO'IHE 'BOARD.OF COUNTY COMMISSIONERS; PROVIDING PROCE- DURES AND. STANDAJIDS WHEREBY 1lIE BOARD MA YGRANT OR DENY AN APPlJCATION FOR SUCH AD VALOREM TAX EX- EMPTIONS; PROVIDING FOR STANDARDS AND PROCEQURES WEHREBY 1HEBOARDMAY REVOKE AN AD YALOREMTAX EXF,MPTIONPREVIOUSL YGRANTEI>;PROVIDlNGmAT-BOARD RESOLUTIONS GRANTING OR REVOKING SUCH A!> VALOltEM TAX EXEMPTIONS BE FURNISHED 10 THE TAX COLLECTOR; PROVIDING mAT 1HE PROCEDURES OF THIS ORDINANCE 00 NOTSUPERSEDEANycQUNTY LANDDEVELOptdENTREOULA- TIONS OR COUNTY ,ORDINANCES. REOUl..Al1NG CONsTRUC- TION; PROVIDING FOR SEVERABILITY PROVIDING 'FOR1HE REPEALOP ORDINANCES1NCONSISTENTH~prn:t; PROVID- INGFOR INCLUSION IN.1HECODEOFORDINANaE$; PROVID- ING FOR AN EFFECTIVE DATE. Pursuant to Secliol1286.oJ OS. Florida Slalules. notice is given. tbat if I pei'Ioodecicks 10 lIpIle8l aRY dec:isionrDade by the BOud with . . respect to tn' matt.l:rCOlllWerecill tblbeIriIII. be win need' record ofliWJ proceecIi..aod lbat,(or.... pUrpoICl. be IIIIY needlO~lflIt I verbIlimrecord of the proc:eedioas .is made. wbicb record includes the lespmooy and evicleac:1c uponwbicbthe appeal' islO be '-d. Copifl&of the atKwe-rel~ ~m Ivai. fOr review ilt the various PubliC Iibnries in Moorockowuy. F1OOda. [)aIed IlKey We$!. Florida; Ibis 20th day of 1)eeembCr. 1991. : ~ DANNYL KOLHAOE. Clerk of the Circuit Coon aodnoffidQ Clerltof lbc!'Bctard ofCOllIlly COmnD~ ofMc;xu;oe COQGly. F10rida ~I.2l.ZSI!l'1'''' lll~ T,... FL:J3070 ....01' DfI'IN'I1OIII 'R)C()IgQ)D AIJOP'l1ON 01' (:OUNTY OIQJIMNCJ . NOTICE IS HEREBY GIVEN TO WHOM IT MAY CON. CERN thalonWednesday, January 14. 1998, allO:OO AM atlbe HalVeY Cen.ter -Truman Sd1ooI, 1200 Truman Avenue. Key Wesl. Monroe C....y. Fl~da the~. of County eollllniS8iollen of Monroe Counly. F1llrida. inlenib to c:oosider the adopliollof the followina Counl)' ordi- nane:e: ' ANORDlNANCEPROVIDINGFORDEFlNlTIONS;PROVIDJN(JFOR THE EXEMPTION OFTflEASSESSED VALUE Of CERtAIN IM- PROVEMENTS MADE AFTER nfE EFFEC'IiVE DATE OF THIS ORDINANCE.TO PROPERTIES 1lf.AT AREDESIGNATEDARCHAE- OLOGICAL lUSTORICJ\L OR CULnJRAL LANDMARKS UNDER CHAPI'ER 9.5. ARTICLE VUl. MONROE COUNTY CODE. FROM MONROE COUNTY AD VALOREM TAXATION; PROVIDING FOR AN APpliCATION FEE; PROVIDING FOR TflE EXEMPTION 100 PERCENT OF nfE VALUE OF HISTORIC PROPERTIES. OPEN TO PUBUC VlSITION IF CERTAIN IMPROVEMENTS ARE MADE AF- TER THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR AN APPLICATION PROCEDURE FOR SUCH AD VALOREM TAX EXEMPTIONS; PROViDlf'o{G POR REVIEW OF SUCH APPUCA- TIONS BY THE DMSION OF HISORTICAL RESOURCES. DEPART- MENT OF STATE; PROVIDING THE STANDARDS AND PROCE- DURE FOR RECOMMENDATIONS FROM THATDMSIONTO 1HE BOARD OF COUNTY COMMISSIONERS; PROVIDING PROCE- DURES AND STANDARDS WHEREBY THE BOARD MAY GRANT OR DENY AN APPLICATION FOR SUCH AD VALOREM TAX EX- EMPTIONS; PROVlDINO FOR STANDARDS AND PROCEDURES WEHREBY 1lfE BOARD MAY REVOKE AN AD VALOREM TAX EXEMPTION PREVIOUSL YORANTED;PROVIDINOTflATBOARD RESOLUTIONS GRANTING OR REVOKING SUCH AD VALOREM TAX EXEMPTIONS BE roltJllISHED TO 1HETAX COLLECTOR; PROVIDING THAT THE PROCEDURES Of THIS ORDINANCE 00 NOT SUPERSEDE ANY COUNTYLANDDEVELOPMENTREOULA- 'OONS OR COUNTY ORDINANCES REOUJ"ATING CONSTRUC- TION; PROVIDING FOR SEVERABILITY PROVIDING FOR nfE REPEAL OF ORDINANCES INCONSISTENTHEREWI'tH; l>ROVID- ING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVID- ING FOR AN EFFECTIVE DATE. Pursuanllo Sectioo 286.01 05. F10rida Slatutes. notiCe is given thaI if a person decides 10 appeal any Clcc:i8io11made by the 808nt with ~p,ec.l;IO~)',~~~~~..;bf.!~..~ofthe ~lIgs.apjI, Ibal. for such plJrpo$e.be may. 10. ensure thai a verblltiIDrecord of the proceedings is made. which record incl.s the leslimony ,and evidence upon wbich the appeal is to be based. .Copi~ of. the lbove-referencedQrdinancem avan.ble for review at the various public; libraries in Monroe Counl)', F1OOda, Daled at Key West. F1OOda. this 20th day of December. 1991. ,~~ DANNY L. KOLHAGE. Clerk of the Circuil Court and ex officio Clerk of the BOlIfd of County Cornmissioners.of Monroe Counl)'. F10rida Publisbed: 12125197 and 111198 Tavemiel. ~'L. 33070 :'1f01.'1~~- 0_'"". --:'iw.w.......f' ---- ......~.... ................. .... .............----_. "'-" , --',',',' ,." g>(}-> Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Advertising Director of the Key West Citizen, a daily newspaper published at Key West in Monroe County, Florida, that the attached copy of the advertisement, being a legal notice in the matter of 1\ I A ~_L I ~ v~ \[o.lv...t..~ ~~ 0.1.1 ~ '2 \9Cl\ Court, was ~blished in said newspaper in the issues of ~ ~)\ C{~ In the Affiant further says that The Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays and specified holidays) and has been entered as second-class mail matter a the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose ;f ~ ,;S advertisement for publication in the said newspaper. . $' ~~ S(gnature of Affiant Sworn and subscribed before me this s=day of .[~ ' 1998 ~ure ::!ootpub~' Notary Seal Expires: September 17th, 2000 Personally Known X Produced Identification Type of Identification Produced ~'\rJ.~I'~"" l~~'.""~n-> . Teresa 6ayIe n.ofI_ ~ 'j;} ~nv ~"Mi~~~~b:r~~~if:rEXIWs , ,fl9HDIP TJoII!lI TAQy'NN I~. - NOTICE OF INTENTION TO CON- SIDERADOPllON OIl COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on - Wednesday, January 14, 199$, at 10:00 AM at the Harvey Center-Tru- man School, 1200 Truman Avenue, Key W~t, Monroe County, .Florlda, the Board of County Commissioners of Monroe County, Florida, intends to ~ J consider the adoption. of the follow- , ing County ordinance: . AN ORDNANCE PROVIDING FOR i DEFI~ITIONS; PROVIDING FOR' THE EXEMPTION OF THE AS- SESSEOYALUE.OF CERTAIN IM- PROVEMENTStMOE. AFTER THE EFFECTIVE DATE OF THIS ORDI- I NANCE TO PROPERTIES THAT AREDeSIGNATEDARCHAEOLOG- lGAL HISTORICAL ORCUL TURAL LANDMARKS UNpER CHAPTER 9.5, ARTICLE VII, MONROE COUNTY CODE, FROM MONROE COUNTY AD VALOREM TAXA- TION; PROVIDING FOR AN APPLI- CATION FEE; PROVIDING FOR THE EXEMPTION 100 PERCENT OF ~E VALUE OF HISTORIC PROPERTIES OPEN TO PUBLIC VISITATION IF CERTAIN IM- PROVEMENTS AR~ MADE.AFTER THE. EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR AN APPLICATION PROCEDURE FOR SUCH AD VALOREM TAX EXEMP- TIONS; PROVIDING FOR REVIEW OF SUCH,APPLICATlONS,i3Y THE DMSIO~ ; '/OF HtSTOAlCAL RE- se'nJRCI;'$;; DEP~tt.tENT OF STATE; PROVIDING THE STAN- DARDS'AND .PROCEDURE FOR RECOMMENDATIONS FROM THAT DIVISION TO THE BOARD OF COUNTY COMMISSIONERS;. PRO- VIDING PROCEDURES AND STAN- DARDS WHEREBY THE BOARD ' MAY GRANT OR DENY ANY APPLI- CATION FOR SUCH AD VALOREM TAX EXEMPTIONS; PROVIDING FOR STANDARDS AND PROCE- DURES WHEREBY THE BOARD MAY REVOKE AN AD VALOREM TAX EXEMPTION PREVIOUSLY GRANTED; PROVIDING THAT BOARD RESOLUTIONS GRANTING OR REVOKING SUCH AD VALO- REM TAX EXEMPTIONS BE FUR- NISHED TO THE TAX COLLECTOR; PROVIDING THAT THE PROCE- DURES OF THIS ORDINANCE DO NOT SUPERSEDE ANY COUNTY LAND DEVELOPMENT REGULA- TIONS OR COUNTY ORDINANCe:S REGULATING CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEALOF ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR IN- CLUSION IN THE CODE OF ORDI- NANCES; PROVIDING FOR AN EF- FECTIVEDATE. Pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if a person decided to appeal any deci- sion made by the Board with respect to any matter considered at such hearings or meetings, hewlll need a record ofthe ,proceedings, and that, for such purpose, he may need to en- sure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordi- nance are available for review at the' various publiC libraries in Monroe County, Florida. DATED at Key 'Nest, this 20th day.of December, 19.97. ' DANNY L KOLHAGE Clerk of the Circuit Court and ex offi- cio Clerk of the Soard of County Commissioners of Monroe County, Florida December 26th, 1997 & January 2nd. 1998