Ordinance 023-1998
County Attorney
ORDINANCE NO. 023 -1998
AN ORDINANCE AMENDING SEC. 9.5-490.2(e)(2), M.C.C., IN ORDER TO PROVIDE
THAT MUNICIPALITIES MAY IMPOSE COUNTY IMPACT FEES WITHIN THEIR
MUNICIPALITY AND, BY INTERLOCAL AGREEMENT WITH THE COUNTY, RETAIN A
PORTION THEREOF WHILE REMITTING THE REMAINDER TO THE COUNTY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCON~TENT ~ ."
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROUNlI~ CDr- -
FOR AN EFFECTIVE DATE ~~:: ~., ~
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MON~::E:O~TY,:;o
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Section 1. Section 9.5-490.2(e)(2), M.C.C., is hereby amended to read:;t> 0'\ 0
(2) Municipalities: Impact fees adopted by the county may be imposed by a
participating municipality on new development within the municipality pursuant
to an interlocal agreement with the county which provides that the municipality
retains a portion of the impact fees collected and remits the remainder of the
fees to the County. The fees retained by the municipality must be expended in a
manner consistent with this Article X, Chap. 9.5, M.C.C. The interlocal agreement
must provide that the municipality keep records of the impact fee expenditures
according to generally accepted governmental accounting principles and to
make those records available to an auditor employed by the County upon
reasonable request.
Section 2.
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 3.
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repealed to the extent of said conflict.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 4.
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 5.
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 8th day of July, 1998.
Mayor Jack London
Mayor Pro Tem Wilhelmina Harvey
~ c:'Ot; Commissioner Keith Douglass
23 ~.; ommissioner Shirley Freeman
!'. . "<!ommissioner Mary Kay Reich
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~~~ 'bANNY L. KOLHAGE, CLERK
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Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Dannp JL. itolbage
BRANCH OFFICE
3117 OVERSEAS ffiGHWAY
MARATHON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
I
CLE~ 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
July 21, 1998
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The ElIiott Building
401 South Monroe Street
TalIahassee, FL 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 023-1998, amending Sec. 9.5-
490.2(2)(2), M.C.C., in order to provide that Municipalities may impose County impact fees
within their municipality and, by Interlocal Agreement with the County, retain a portion thereof
while remitting the remainder to the County; Providing for severability; Providing for the repeal of
Ordinances inconsistent herewith; Providing for inclusion in the Code of Ordinances; Providing for
an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in fonnal session on July 20, 1998. Please file for record.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
JJo~ C. (L')J~
Deputy Clerk
/'
cc: Municipal Code Corporation
County Attorney
County Administrator
Finance Director
Growth Management Director
/File
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7. Date of Delij~ L 2 3 \9911.:
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_Complete items 3, 4a, and 4b.
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card to you.
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DIVISiONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs .
Division of Elections
Division of Historical Resources
Division of Library and Infonnation Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic Sl. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampaIHi\lsborough County
Preservation Board
FWRIDA DEPARfMENT OF STATE
Sandra B. Mortham
Secretary of State
DNISION OF ELECTIONS
RING LING MUSEUM OF ART
July 23, 1998
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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 letter dated July 21, 1998 and certified copy of Monroe County Ordinance No.
98-23, which was filed in this office on July 23, 1998.
Sin~~j(
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.t1.us . E-Mail: election@mail.dos.state.jl.us
MUNICIPAl GOuf COkPOKiiTIiJN
Custo'F.r Services
.PO (lox 2235
Tallahassee, Fi s231t-223~
Suppl e.ent o~,
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We nave ~eceived the 1, jI0~;~~ ~;t~r)-l.
Thank you for four a5S15~ijnCF a~G (OOperatl~G.
Ordin~nce No. 023-1993,
1-800-262-2633 (Hatioiiall lfjj
Send your ordInances to DrDs@~il;.~unico~e,com
Visit our ho~e pagE at nttp:/!www,tunlcode.rom
lOOnNG "OR A SPECIFIC ORDiNf;WCEJ ilE LAN HH}I
ASK OUR:;A"PLE ORDlr4Ar;CE DEPi\fHI1El'H FOR INFO
Need aodltional COpiES 01 yo~r :cnlng or charter~
We can print copies Jf any sr-ctlon ot the Code.
Call our Custoler ServIce 0epirt~ent tor costs.
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County of Monroe
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2854
Board of County Commissioners
Mayor Wilhelmina Harvey, Dis!. I
Mayor Pro Tern Shirley Freeman, Dis!. 3
Commissioner George Neugent, Dis!. 2
Commissioner Mary Kay Reich, Dist. 5
Commissioner Nora WilIiams, Dis!. 4
May 3, 1999
Michael D. McDaniel, Growth Management Administrator
Florida Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
RE: Ordinance No. 023-1998 (Impact Fees/Municipalities)
Ordinance No. 039-1998 (Outdoor Lighting)
Dear Mr. McDaniel:
The two (2) above referenced ordinances were transmitted to the Department for review in December 1998.
Follow-up letters were sent on March 16, 1999 and there have been subsequent phone conversations with
your staff. However, we are still waiting for written approval from the Department in order to determine
the effective date of these ordinances. I would appreciate your assistance in determining the status of the
final orders.
Thank you for your attention to this matter. If you have any questions, please do not hesitate to call.
TJMlir
cc: James L. Roberts, County Administrator
James T. Hendrick, County Attorney
Timothy J. McGarry, AICP, Acting Director of Planning
Kil!J.-Ggren, Comprehensive Plan Manager
YJelle DeSantis, Deputy Clerk
Ken Metcalf, Community Program Administrator, DCA
Mike Des Parte, Florida Keys Field Office, DCA
(seal)
PROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATIlON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
Before the undersigned authority personally appeared
Tom Schumaker
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who on oath, says that he/she
of the FLORIDA KEYS KEYNOTER, a twice weetly newspaper published at MARATHON.
NOTICE OF INTENTION TO
Publi5~r
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being
IN THE MATTER' OP: CONSIDER ADOPTION OF COUNTY ORDINANCE - IMPACT FEE
in the
JUNE 20, 27, 1998
Court wal publilhed in said newlpaper in the issues of
AlIiant further saYI that the said FLORIDA KEYS KEYNOTER il a aewlpaper
at MARATHON, in said MONROB COUNTY. FLORmA. aDd thai the said news-
.
paper has heretofore been coatinuously published in said MONROB COUN-
TY, FLORIDA, twice each week (on Wednesday aDd Saluda)') aDd hal been
entered as second cIa.. mail matter at the post office in MARATHON, in
said MONROE COUNTY. FLORmA, for a period of oae )'ear nezt precedinl
the fir~~ publication of the attached cop)' of advertisemeat; aad afnant fu~
ther says that he has neither paid aor promised aa)' perloa, finn. or corpo-
ration any discount, rebate. commissioa or refund for the purpose of secur-
ing this advertisemeat for publication in the said newlpaper.(SBAL)
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29th
SWORN TO AND SUBSCRIBED BEFORE ME THIS
DA Y OF
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JUNE
A.D. 19 98
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no. 7449700
NOTICE OF INTENTION
TO CONSIDE-R ADOPTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
, on Wednesday, July 8, 1998, at
10:00 AM at th<! Harvey Center
- Truman School, 1200 Truman
Avenue. . Key 'West. Monroe
County, Florida. the Board of
County ~siofters of Mon-
roe 'C;:ounty; Florida. intends to
consider the edo/:>tiOn of the fol-
loWing County ordinance:
AN', ORDJNANcE 'AMENDING
SEC. 9.S"'490.2(elt2). MCC. IN
ORDER' TO PROVIDE THAT
MUNICIPALITIES MAY IM-'
POSE COUNTY IMPACT FEES'
WITHIN THEIR MUNICIPALITY
AND,BY INTERt.OCAL AGREE-
MENT WITH THE COUNTY
RETAIN A PORTION THEREOF
WHILE .-REMtTTING ' THERE'-
MAfIlIDe:R TO "THE 'tx:nn.rrY.
.Pft,OV1OfNG. FOR 'SEVERAt'jILl~
TY;PfIOVIDI~ R!>R nil! llEl
PEAr. OF At:liORPJNANCES'IN'-
CONSISTENT"'" '.I1f!~
" PR9,'.V, lot, 1lKi,' INt:;WSION.
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Putsuant to ~ion 286.0tOS,
. FllJn.!I& Statutes; notiCeis'given
th!tt.if.. perSCIn. dec:id8a .tel "ep-
~al any; decision made by' th~
ftir~~~lI~tQ,,,,,y ):tIat-
, YIi!I'nBedo ..', ~~~t:'~
" ~.llnt!ttiiJt;fliIo""" pur-
. ~,,'fie. Jnl!Yn8!;d tQ'jjn
.th1at.lt'~~' tif~':
~ngs IS made; which re-
~ mclUdes the testimony and
!"'idence upon which the appeal
IStobe~.
C~~ Qf \he. above-referenced
~1Jeoi _, lIVlliIlIbIe for re-
~~ at the V~\'ul,lbIiclibrar-
~,,,:,Mc.nroeC~tV. I=loi'ida.
D"lllC:hlt1<~W8t) Flarida
'2~~J~.1'998 ' .~,this
'.' OANftVLKOlHAGE
CIM1tof the Cirouit Oeurt
enid .,.officio CIel1e dhhe. Board
ClIfCountyc;_ssi,.....~ Qj'
'.' '. MOfVQeeo..ntv,FICllida
PiibllShJi!ne 20. 27,'t 998
.FIQrldaKevs Keynoter
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ST A TE OF FLORIDA - . J:l" .. 0
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COUNTY OF MONROE '; rn \Q 0
Before the undersigned quthority 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
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In the n ~ Court, was published in said newspaper in the issues of
Ill. -.1"- I 'I J,. ~} L C( ct Y'" ,
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Published Daily
Key West, Monroe County, Florida 33040
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 purp e of securing this
advertisement for publication in the said newspaper.
Sworn and subscribed before me this
'J.'}..dayof r ,1998
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Signature of N( ary Public . i
Ixplres ~-P!~J]lLg;r LZJ1L.2Q()()
Personally Known _~ Produced Identification
I ype of JdClll ilicallofl Pr oduced
Notary Seal
,,'~~~::i:.;""
/f)A' .":~\ Teresa Gayle Darling
-.0 '.- 'lilY
~"1.:. .:~~' COMMISSION # CC585942I :(101 ~E'
"-~,f;,..",=*,:-" September 17, 2000 '
'"f,..", BONDED THRU TROY FAIN INSURANC' 1/1:
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
ORDINANCE .
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
:Wednesday, July 8, 1998, at 10:00
'. AM at the Harvey center-Truman
School. 1200 Truman Avenue, Mon-
roe CountY, Florida, the Board of
County Commissioners of' Monroe
County, Florida, Intends to consider
.' the adoption of the fQllowlng County
ordinance:
AN ORDNANCE AMENDING SEC.
9.S-490.2(e)(2).MCC IN ORDER TO
PROVIDE THAT MUNICIPALITIES
MAY IMPOSE COUNTY IMPACT
FEES WITHIN THEIR MUNICIPAL-
ITY AND, BY INTERLOCAL AGREE-
MENT WITH THE COUNTY, RETAIN
A PORTION THEREOF WHILE RE-
MITTING THE REMAINDER TO THE
COUNTY; PROVIDING FOR SEV-
ERABILITY; PROVIDING FOR THE
=~"O:G
'-,:' ';-,'~~'~~'~:~:::~<':::""';'~~
~-FGAINCLUStON IH'..~;--'-
ORDINANCES; PROVIDING FOR
AN EFFECTIVE DATE.
~ursuant to Section 286.0105, Flor-
Ida Statutes, notice is given that if a
p~rson decides to appeal any deci-
sIOn made by the Board with respect
to a~y matter considered at such -
hearings or meetings, he will need a
record of .the 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-
na~ce are available for review at the
various public libraries in Monroe
County, Florida. I
DATED at Key West, this 15th day of
May, 1998. .
DANNY L. KOLHAGE
Clerk ~f the Circuit Court and ex offi-
. CIO Clerk of the Board of County
Commissioners of Monroe County,
Ju 19th & Florida
ne 26th,1998
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Published Daily
Key West, Monroe County, Florida 33040
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ST A TE OF FLORIDA
COUNTY OF MONROE
Before the undersigned quthority personally appeared Randy G Erickson, who on oath says that
he is Advenising Director of the Key West Citizen, a daily newspaper published at Key West in
Monroe County, Florida, that the attached copy of the advenisement, being a legal notice in the
matter of
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Court, wublished in said newspaper in the issues of
I I q
.
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
advenisement; 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 s curing this
advertisement for publication in the said newspaper.
Signature of Affiant
Sworn and subscribed befOle me this A q day of r ' 1998
-r~~ p~.
Signature of. tary PublIc
NOlary Seal
. Explrcs ~mbJ:Ll.l'h 2000
f\:r,>onafly Known _~ Produced Idcnt,(icatlon___
Iypc of Identdic;lt\ol Produced _____________
_-1>.1i.~: 'f~?:;.-~ Teresa Gayle Dar1ing
N"r/;;.\.% MY COMMISSION # CC585942 EXPIRES
~~;~i'y September 17. 2000
"{.9f.:\~:i"" 80NDED THRU TROY FAIN iNSURANCE. INC
~.;f,u.'r.@O;~l~~-
-_.^"~;;,:~.,,~....n;c;,;C;:;" '( .
N . ,..i' ," ;TO
wHOM if ~y ,. on-
Wednesday, JUly 8, 1988, :00
AM at the Harvey Center-Truman
School, 1200 Trwman Avenue, Mon-
roe County, Florida, the Board of
County Commissioners of Monroe
County, Florida, intends to consider
the adoption of the following County
ordinance:
AN ORDNANCE AMENDING SEC,
9.5-490.2(e)(2),MCC IN ORDER TO
PROVIDE THAT MUNICIPALITIES
MAY IMPOSE COUNTY IMPACT
FEES WITHIN THEIR MUNICIPAL-
ITY AND, BY INTERLOCAl AGREE-
MENT WITH THE COUNTY, RETAIN
A PORTION THEREOF WHILE RE-
MITTING THE REMAINDER TO THE
COUNTY; PROVIDING FOR SEV-
ERABILITY; PROVIDING FOR THE
REPEAL OF ORDINANCES INCON-
SISTENT HEREWITH; PROVIDING
FOR INCLUSION IN THE CODE OF
ORbINANCES; . PROVIDING FOR
AN EFFECTIVE DATE,
. Pursuant to Section 286.0105, Flor-
id,a Statutes, notice' is given that if a
person d~cides to. appeal any deci-
sion made by the Board with respect
to any matter considered at such
hearings or m.eetings, he will need a
record of the 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 West, this 15th c,iay of
May, 1998.
DANNY L. KOLHAGE
Clerk of the Circuit Court and ex offi-
cioClerk of the Board of County
Commissioners of Monroe County,
Florida
June 19th & 26th, 1998
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.
NOTICE OF INTENTION
Affiant 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 firm, person, or corporation any discount,
rebate, commission or refund for the purpose of securing this said advertisement for publication in the said
newspaper.
~ ~,t6-
SEAL '
FORE ME THIS 29TH DAY OF JUNE. A.D., 1998
MY COMMISSION EXPIRES:
~-
.
l
HEATHER l STARR
My ~tary Public. Stote of Florida
orne miSSIon ElCplresl\ug 2, 2001
ommlsslon # eC645994
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N011CE'Ot' JNttN110N
TO CONIIDIER
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t+~.~ ~ lUll. AV
CONCERN that On Wedne$.
day,July a, 199~.,at 19:<19,
A,M; at the . Harvel, Ccntct-
Truman School,1200Truman
Avenue,.~ Wcst;,MOnroe
ce.ty.Flori-.jllelJOlrd of
Co~C~'" of
~>County,ftorida. .id-
tends to. consider !.he Idoption
oftbc following County OI'dh
nance: .
AN ORDINANCE
AMENDINGSEC, 9.5.
490,2(e) (2), MCC, tN OR.
DER'fO PROVIDE THAT
MUNICIPALiTIES ,. MAY
IMPOSECOUNTYIMPACT
FEES WITHIN TltElRMU-
'NIt;:IPALITYA~P, BY
INTERLOCAL .'AGREE.
MENTWlTHTHEtot.Jtm'.
RETAtN" ~."PORTION
THERE$ WHILE REMIT-
T1NGTHEREMAlNDER TO
THECOUNn';PI\OVlOIl\IG
FOllSeVERAJNUTY; PRo.
VIDlNG FolfTHE REPEAL
OF ORl>INANCEStNCON-
SISTE'NT HEREWlTHiPRo.
VIDINOFORJNtLUSJONIN
tHE- CODE' Of . ORDI-
NANCES;PllOVIDlNGFOR
AN EFFECTIVE DATE
Pursuant to. Section
2&6,Q105, FIoridaS~ 110"
tice isgiven.thil ih person
decided to appeal any decision
made by the Bo..-d with re-
spccttoany.....COIlSidcred
at $ueh ~"9I'IJ\ectin& he-
wiUllCC'IalCCqfd of thepl'O-
cecdinp. and_ for SUCh
purpose, he ilia)!. llCCd to .~.
suh: that a verbatim record or
the~iS'madc, which
record includcs'thC testIMony
and ev1denct'uponwhich the
appeal is.tobc~<
Copics9fthcallovc-n:r- .
~'0r4il\all" ,~lVlIiI-
able for' review _the various
CPUbjl(IFlI'.~., .:',...,..,.,.~n. ~,~nf,oe. '.
. ounty ,.,.'..,11 .
,'rMrtD at Key West.
Flori... this< l2t1r dayef June.
1998,
DANNY L.
tc.OLHAGE
Clerk oflhC: Circuit
'.' .. . Court
and ell officiO C~or
the 808rd of CO\IfItY
CommissionetS'ofMonroe
'CoJilit)', Florida
.Published: 61ISind6l2SJ98
The Reporter
r~70
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