Ordinance 005-1998
ORDINANCE NO. 005 -1998
AN ORDINANCE AMENDING SECTION 13.5-4, MONROE COUNTY CODE, BY THE ADDITION
OF FRIENDSHIP PARK, GARDEN COVE PARK, HARRY HARRIS PARK, AND SUNSET POINT PARK;
PROVIDING THE PARK HOURS; PROVIDING FOR THE OPERATION OF LIGHTING THE
BASKETBALL COURTS AND BALLFIELDS; PROVIDING FOR ADMISSION FEES; REPEALING
SECTION 13.5-1; PROVIDING FOR THE PROHIBITION OF HITTING GOLF BALLS; 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
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
that:
Section 1.
Section 13.5-1, Monroe County Code is hereby repealed.
Section 13.5-4(b), Monroe County is hereby amended by the addition of the
Section 2.
following:
(a)
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The Harry Harris Park boat ramp, Kev Laroo; C':; C' CQ r=
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Section 13.5-5(a), Monroe County Code is hereby amended ~:fi~ ~itig,q of
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Definitions.
illL
Section 3.
the following:
(14) Friendship Park means the area described as follows:
Lots 29,30,31 and 32, Block 2, Hibiscus Park Subdivision. Lots 15, 16, 17, 18, 19,20 and 21,
Block 4, Industrial Acres Subdivision, Section 22 & 27, Township 61 S, Range 39E.
(15) Garden Cove Park means the area described as follows:
Tract F, Key Largo Beach, a subdivision in Section 33, Township 61 South, Range 39 East,
Key Largo Key, Monroe County, Florida, as recorded in Plat Book 2, page 149, Public
Records of Monroe County. Florida.
(16) Harrv Harris Park means the area described as follows:
Portions of Government Lot 3 and 4, Section 27, Township 62S, Range 38E. lying in open
waters of Tavernier Harbor and Florida Bay. Government Lot 3, Section 27, Township 62S,
Range 38E, Key Largo, Monroe County, Florida, as per Government Township Map made
in 1873 and approved by the Surveyor-General in 1874, less the following described
portion thereof, which is above the mean high tide line: Beginning at the SE corner of
said Government Lot 3 and run N on the E line of Government Lot 3, a distance of 27 feet
more or less to the mean high tide line on the shore of Florida Bay; thence SW'ly
meandering said mean high tide line, a distance of 55 feet more or less to the S line of
said Government Lot 3; thence E on the S line of said Government Lot 3; a distance of 38
feet more or less to the point of beginning. Government Lot 4 in Section 27, Township 62S,
Range 38E. Key Largo, Monroe County, Florida as per Government Township Map made
in 1873 and approved by the Surveyor-General in 1874, less the following described
portion thereof. which is above the high tide line: Beginning at the SW corner of
Government Lot 4 and run E on the S line of said Government Lot 4, a distance of 220
feet more or less to the shore line on the W side of Tavernier Harbor; thence NW'ly along
said shore line a distance of 400 feet more or less to the W side of said Government Lot 4,
thence S 130 of 30' W along said W side of Government Lot 4, a distance of 400 feet more
or less to'the point of beginning. The above two parcels contain a net acreage of 70.98
acres, more or less.
(1 7) Sunset Point Park means the area described as follows:
Tract A of Sunset Point, according to the Plat thereof, recorded in Plat Book 2, Page 81 of
the Public Records of Monroe County, Florida, together with all riparian rights thereunto
belonging or in any use appertaining, less the following tracts: Less that part of Tract 4
above described as platted in Sunset Point Addition, according to the Plat thereof,
recorded in Plat Book 3, Page 41 of the Public Records of Monroe County, Florida, and
thereon referred to as Lot 12 and Sunset Lane; and Less a tract or strip of land ten (10)
feet wide and extending from the "Boat Basin" as shown on the plat of Sunset Point
Addition above referred to and running parallel to the SW'ly boundary line of said Lot 12
and the SW'ly line of Sunset Lane and as shown on said plat and said strip ten (10) feet
wide extending as above stated from the "Boat Basin" to the north line of Sunset Road.
Section 4.
Section 13.5-5(d) is hereby amended as follows:
(d) Pork hours. The parks and beaches listed above are open to the public,
Monday through Sunday, from 7:30 AM until 10:30 PM sunset with the followinq
exceptions:
Bay Point Park, Bernstein Park and Friendship Park are open everyday from 7:30
AM until 10:30 PM;
Jessie Hobbs Park is open everyday from 7:30 AM until 9:00 PM;
All persons and their vehicles that enter the parks during the open hours must
leave the parks by 10:30 PM closing time, unless prior approval has been qranted by the
Monroe County Parks & Recreation Coordinator by way of a use form for a specific
event. Any vehicles in the parks bct\^leen 10:30 PM and 7:30 AM the follo\ving morning
when the parks are closed will be towed away at the vehicle owner's expense.
Section 5.
Section 13.5-5(e), Monroe County is hereby amended by the addition of the
following:
151 Events charqinq admission shall only take place in the area desiqnated by
the Monroe County Parks and Recreation Division, and the admission fees shall be
collected only at such area as the coordinator desiqnates.
Section 6.
Section 13.5-5(f), Monroe County is hereby amended as follows:
(f) Tennis court- basketball court, and ballfield lights. Tennis court, basketball
court and ballfield lights may be used Monday through Sunday from ten minutes before
sunset until 10:30 PM. closinq time. Only Public Works employees may operate the lights.
The use of the ballfield Iiqhts must be approved by the Monroe County Parks &
Recreation Coordinator in advance. Requests for the use of ballfield Iiqhts must be in
writinq, submitted to the Coordinator no later than 48 hours for weekdays and 72 hours
for weekend use prior to the intended dates, on an approved Monroe County Use Form.
Section 7.
Section 13.5-5(h), Monroe County Code is hereby amended as follows:
(h) Signs. The director of facilities maintenance must post each park
entrance with a sign briefly summarizing the park rules established by the section this
chapter.
Section 8.
Section 13.5-5, Monroe County Code, is hereby amended by the addition of the
following:
Ii! Admission Fees. (Non-Countv Residents Onlv;' Federal Holidays and
Weekends. Admission fee for Harry Harris Park is $5.00 per person plus an additional
$10.00 boat ramp fee for watercraft vessels with trailers.
Section 9.
Section 13.5-5, Monroe County Code, is hereby amended by the addition of the
following:
(k) Golf Balls. No person may hit or otherwise propel, place or leave !:Jolf balls
in any County Park.
Section 9.
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 10.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 11.
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 12.
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 said
Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida, at a
regular meeting of said Board held on the 11th day of
February
,1998.
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BY~~~
Depu Cler
BOARD OF COUNTY COMMISSIONERS
OF MO C'elJNTY. FLORIDA
~._~
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jord4parks
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mannp 1.. Itolbage
BRANOi OFFICE
3117 OVERSEAS mGHWAY
MARAlHON, FLORIDA 33OSO
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
February 23, 1998
CERTllflliD MAIL
RETURN RECEIPT 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.005-1998,
amending Section 13.5-4, Monroe County Code, by the addition of Friendship Park,
Garden Cove Park, Harry Harris Park, and Sunset Point Park; providing the park
hours; providing for the operation of lighting the basketball courts and ballfields;
providing for admission fees; repealing section 13.5-1; providing for the prohibition of
hitting golf balls; 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.
1rhis Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on February 11, 1998.
q
,.
Mrs. Liz Cloud
February 23,1998
Page 2
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
Enclosure
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cc: County Attorney
County Administrator
Public Works Director
Municipal Code Corporation
File
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
t )iiicl' or thl' st'lTl'l,lrv
Oai,',' or Inll'rnation,ll Rl'i,ltions
Di,'ision of Administrath'l' st.'n'io.'s
Di,'ision of Corporations
Di,.ision or Cultur,ll Affairs
Di,'ision of FIl'ctions
Di,'ision of Ilbtoril\ll Rl'sourcl's
Di,'ision llf Uhf.ln' .1nd Inform.1tion Sl'f\'icl'S
Di,ision or Licl'nsin~ FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
Historic Palm [k'ilch County Preservation Board
Historic l'ensilolla Prl'scrvation Board
Historic St. Augustine J>fl'scrvation BOilrd
Historic Tallahilssl'(' Pn...'sl'rvation Board
Historic TJmpJ/Hillsborou~h County
Preservation Board
Ringling Musl'um or Art
February 25, 1998
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated February 23,1998, and certified copy of Monroe County Ordinance No.
1998-5, which was filed in this office on February 25, 1998.
Sincerely,
Li~ef~
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: electioll@IIWil.dos.state.f1.lIs
•
•
•
•
• - •
•
•
ICIPAL CODE CORPORATION •
toner Services
. ••.
Box 2235
U.S.POSTAGE.
lahassee, Fl 32316-2235
rT7: 0 2, 0 =
plement 61 . 02/26[98 . •
pr-t pp METER
6th."6600 ft, •
have received the folloving
nksou for your assistance and coOpeyation. •
iinance Mo..005-ric9S.
TO:•
hr. Danny L. Kolhage •
Clerk of the Circuit Court •
Monroe County
500 l'thitehead Street
hey Osst, Ft
•
300-262-CODE
iASE SEND YOUR O.'
•
2-mail them to. :.- -• ' • •
?I' 300 cotir.2.Pli hiliiiiii111.(11:11ittintp,d10!461"161.40cidliartnit •
•
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Published Daily
Key West, Monroe County, Florida 33040
ST A TE 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 ('10 Jlrte.J- - Y1JM
In the
tJ It- Court, was published in said newspaper in the issues of
r;.. a~ /30, AqR
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 of securing this
advertisement for publication in the said newspaper. /ff!f ~
Signature of Affiant
Sworn and subscribed before me this ~day of r.~ ' 1998
7~ ~rV~'
Signature of N tary Public
Expires: September 17th, 2000
Personally Known X Produced Identification
Type of Identification Produced
Notary Seal
. ,~.: ,.. T er88a Gayle Darling
l~~ MY COMMISSI(Jj 1/ CC585942 EXPIRES
. : September 17, 2000
IlOHOEo THRu TFtOY FAIN INlURANe&, lNC.
NOTICE OF IN1'EN11ON TO CON..
SIDEll ~.()ft.COUIITY
ORDINANCE
NOTICE ,IS HEREBY'GIVEN.TO
WHOM IT N1A Y CONCERN that on
Wednesd~y. February 11. .1998, at
11 :OOam . at thj:lKey Largo Library,
Tradewinds .. Shopping Cen..ter, Key
Largo. Monroe County. Florida. the
Board of County Commissioners of
onroe County, FIori<Ia. i.... ..
Jnsider thEt adoption of. the follow-
Ig County ordina!lctt: .. '. . .:
AN ORDINANCE A~ND1NQ.sEC~
TION 13.S-4,'PJlONROE COUNTY
CODE, BY THE ADDITION OF
. FRIENDSHIP PARK, GARDEN
COVE j:)ARK, HARRY HARRIS
PARK. AND SUNSET POINT PARK;
PROVIDING THE PARK HOURS;
PROVIDING FOR THE OPERATION
OF LIGHTING THE BASKETBALL
COUfttS AJ>.mBALLFIELDS; j:)RO-
VIDING FOR ADMISSION FEES;
REPEALING SECTION 1~.S-1;
PROVIDING FOR THEPROHIB!-
TION OF HITTING GOL,F BALLS;
PROVIDING FOR. SEVERABILITY;
PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR IN-
CORPORATION INfO. THE MON-
ROE COUNTY CODE OF ORDI-
NANCES; ANDPROVIOING.ANEF-
FECTIVE DATE. .
Pursuant to ,Section 286.01 05, Flor-
Ida Statutes, notice,is given that if a
person decided to appealJIOY deci~
$ipnmade ,by the Board~ith r~sPEtct
to any. matter con$ld9f~d . at . such
headngs or meeting~, he \Viii need a
record of the:proceedings, and that.
for such purpose, he may nj:led to en-
sure that a verbatim record of Itbe
'proceedings is. rriad~,which record
includes the testimony and evidence
Uf)Of'l wfil'ich' the app~al is to be
be....
COPi" of the above-referenced ordi-
nance are available forrevi!'l\Vat the
variouspublio'libfaries in Monroe
County. Florida.,. . .... .". ..
Dated at KeyW8$t. Flonda. this 20th
day of January, 1998.
DANNY L. KOLHAGE; Clerk of the
~Court _ex ofIcfoOlerk Of
lheao.rdOf~ eo.mln'o...
. .. '.. . of Manroe~,,...
January 22ndand3Olh 1 .
.... "...~"...,," H _
-,
7~
Serving the Florida Keys
P.O. Box 1197. Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8249
STATEMENT OF PROOF OF PUBLICATION
USPS #905580
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is
PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at
Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad.
IN THE MATTER OF
COUNTY ORDINANCE
NOTICE OF INTENTION TO CONSIDER ADOPTION OF
Mfiant further says that the said REPO RTER is a newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,
Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement;
and affiant further says that she has neither paid nor promised any finn, person, or corporation any discount,
rebate, commission or refund for the purpose of securing this said advertisement for publication in the said
newspaper.
(Ji) UAA StiztfL
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS 5TH DAY OF FEBRUARY, A.D., 1m
4J ~ k? Al... .
NOTARY PUBLIC
MY COMMISSION EXPIRES:
sr."". ~.
'II~",<+
*.*
.....,
"-t OF F1.QV.\~
DAV!e... OOVE
M) SI..<~<--'OC4a1I71
~. Feb. 015,1_
-'<>eo by ANa
8OO-a52-5878
/
NOnCEonMTDlTlON 'lQroI rT~
ADOPI'ION 8f comrrY OItDQIiAJlC&
NOTICE IS ~BYG~to~iJ.p.y~.~
Wedne$day, Jlebnwy 11, -1998,. 11:<Xl AM lIllbe Key lMgo Library.
TradewIndsSboppiD8~' Key l.arJo, MOIIJOClCowlty,FIorida, the
Board fA Ccunty COInmissi~ci, M~;Coiuity, FIorida,. ~ to
COII8ider1headoplionfAthefollowj1l8~y~: " " ','
~ ORDINANCEAM.BNPINGSEC'l1oN 13~,4, MON-
ROE COUNlYCODB,BYmEADDmoN OF FlUIOO)SHlP PARJ{'
G!>RDENCOVEPARK,HAJU{YHARRlSPARK,ANJ:)SUN.SBfPotN'r
PARK; PROVIDING mE PARK HOURS; PiOVIl>tNGFOR l1ffi
OPERATION OF.LIGH11l11G mE BASKETBAll COURTS"AND
BAllFIELDS; PROvIDING foR ADMIS,SION Ff1lS; REJ'EALING
SECTION 13.5-1 ; PROVIDING FOR mEPROlDBmONoFlDTnNG
GOLF BALLS; PROVIDJNG FORSEVERABD..lTY; PROVIDING FOil
TIlE Re'EAL OF AU... ORDINANCES INCONSISTENTHEREWl1H;
PROVIDINGFOIlINCORPORA TIONlN'rOTIlEMONROECOUNTY
CODE OF ORDINANCES; !>NO PROVmINGANEFFECTIVEDATE.
I )'umJaDt to~ 286.0105, Fklrida Statutes; tlOlice is given
that if a person ctecided to appeal any decision made bytheBoerd witbrespect
to any malter COIISicIeR:d . sudI heariDgs or lDlriDp. he will need a record
fA the proceediDgs, aad d1at, for sud1 ~ he may oeedto ensure that a
verbatim recocd fA the poceedings is made, whic::h recocd includes the
testilllllllY and ~ upon which the ippeal is to be belied.
CopiesfAtheabovc-refa-encedmtilllltlCCare.avaiJablefot:review
al the various public Iillrmes in Monroe Cqqnty, Jlk.wida.
DATED al Key West, Flori~ the 2(lIJI dayfAJanuary, 1998.
, DANNY K. KO~HAGE;Clet:ltcitheCirwitCourt
and ex officio Clerk fA the Board of COWlly
cOmmissioners fA M~eou.ty, F\lHida
Published: 1129 aQd '})5198
The Repmer
Tavei-nier, J1L 33010
PROOF OF PUBLIC-:\ TION
. -'
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
Before the undersigned authority personally appeared
Torn Schumaker
_ who on oath, says that he/she i,
Publisher
of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MAR A THON.
in MONROE COUNTY. FLORIDA; that the attached copy of advertisement. being Notice of Intention
IN THE MATTER OF: to Consider Adoption County ORdinance - 4 Parks in the
Court was published in said newspaper in the issues of
January 24, 31~ 1998
----.
AlIiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON, iQ said MONROE COUNTY, FLORIDA, and lha' 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 tbat he has neitber paid nor promised any person, firm, or corp~
ration any discount, rebate, commission or refund for the purpose of secur-
ing this advez:tisement for publication in tbe said newspaper.(SEAL)
SWORN TO AND SUBSCRIBED BEFORE ME THIS
4th
00.9316700
NOTICE Of INTEf'jTION
TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on Wednesday. February 11
1 998. at 11 :00 AM at the Key
Largo LIbrary. T radewinds
Shopping Center. Key Largo,
Monroe County. Florida, the
Board of County Commission-
~rs of Monroe County, Florida.
'r;'tends to consider the adop-
~i:,~~~:hefo"owing County or-
AN ORDINANCE AMENDING
SEC. 13.5-4, MONROE COUN-
TY CODE, BY THE ADDITION
OF FRIENDSHIP PARK. GAR-
DEN COVE PARK. HARRY
HARRIS PARK, AND SUNSET
POINT PARK: PROVIDING THE
PARK HOURS. PROVIDING
FOR THE OPERATION OF
LIGHTING THE BASKETBALL
COURTS AND BALLFIELDS;
PROVIDING FOR ADMISSION
FEES: REPEP;t1NG' SECTION
13.5-1; PROVIDING FOR THE
PROHIBITION OF HITTING
GOLF BALLS: PROVIDING FOR
SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL OR-
DINANCES ' INCONSISTENT
HEREWITH; PROVIDING FOR
INCORPORATION INTO THE
MONROE COUNTY' CODE OF
ORDINANCES: AND PROVID-
ING AN EFFECTIVE DATE,
Pursuant 10 Section 286.0105.
Ronda Statutes. notice is given
that if a person decided to ap_
peal any decision made by the
Board w.ith respect to any mat-
ter considered at such hearings
or meetings, he will need a re-
cord of the proceedings, and
that. for such purpose, he may
need to en~ure that a V81batim
record of the prOCeedings is
made,. which record inc_tudes
the testimony and evidence
upon which the appeal is to be
based., _
Copies of. the above-referenced
ordinance are available for re-
view at the various public -librar-
ies in Monroe County, Florida.
Dated at Key West. Florida. this
20th day of January. 1998.
DANNY L KOLHAGE,
Cieri< of the Circuit Court
and ex officio Clerk of the Board
of County Commissioners of I
Monroe ~ounty. Florida
Publish January 24 31 1998 !
Florida Keys Keynoter- . ,
(seal)
DA Y OF
February
A.D. 19 98
~
lL~
/.