Ordinance 034-1998
County Administrator
ORDINANCE NO 034 -1998
AN ORDINANCE AMENDING SECTION 2-514, MONROE COUNTY CODE, IN
ORDER TO PROVIDE THAT INFRASTRUCTURE SALES TAX REVENUE MAY BE USED
FOR ANY PUBLIC PURPOSE PROVIDED THAT THE DEBT SERVICE OBLIGATIONS
ARE MET AND THAT MONROE COUNTY'S COMPREHENSIVE PLAN IS IN
COMPLIANCE WITH PART II, CHAPTER 163, FLORIDA STATUTES; 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 M~RQJ= ~U~Y,
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Section 2-514, Monroe County Code, IS hereby amende<n::t~~ad: ~
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a) The funds so collected, and interest accrued thereto, shall be expended" C
within the unincorporated areas of Monroe County and the various
municipalities for the following capital infrastructure projects all of which have
a life expectancy in excess of fifteen (15) years, such as: recreational facilities,
courthouses, parking, offices, roads, bridges, airport improvements, libraries,
piers, auditoriums, ripra p/seawa lis, storm sewers, solid waste facilities, jails and
police/fire facilities.
Section 1.
Expenditure of funds.
b) Nothing contained in this section, however, shall be construed to
prohibit the hiring of out-of-county or out-of-city contractors or subcontractors
or construed to prohibit the purchasing of any necessary material outside of
the county or the various municipalities.
c) In addition to the capital infrastructure projects described in subsection
(a) the funds so collected, and interest accrued thereto, may also be
expended on any public purpose but only if:
1) the debt service obligation for the year are met; and
2) the County's comprehensive plan has been determined to be in
compliance with Part" of Chapter 163, Fla. Stat.
Section 2. 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. All ordihances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. 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 5. 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 21 st day of October, 1998.
Mayor Jack London
Commissioner Keith Douglass
/'_ ..Commissioner Shirley Freeman
/~,;."~,:,,'~_~br:nm~ss~oner Wilhelmina ~arvey
""',cy c;:;~I::7:cCommlssloner Mary Kay Reich
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Attest: DANNY L.KOLHAGE, Clerk
yes
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By .RDZA)~L1~
Depu Clerk
BOARD OF COUNTY COMMISSIONERS
OF MO/'jE COUNTY, FLORIDA
By ~4 ~_
Mayor/Chairman
jordiitax
mannp lL. i{olbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATIiON, FLORIDA 33050
lEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD S1REET
KEY WEST, FLORIDA 33040
lEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANT A nON KEY, FLORIDA 33070
lEL. (305) 852-7145
FAX (305) 852-7146
November 17, 1998
CERTDDID MAIL
RETURN RECEIYf 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 Ordinance No. 034-1998, amending
Section 2-514, Monroe County Code, in order to provide that Infrastructure Sales Tax
Revenue may be used for any public purpose provided that the debt service obligations
are met and that Monroe County's Comprehensive Plan is in compliance with Part II,
Chapter 163, Florida Statutes; 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.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on October 21,1998.
Please file for record.
Mrs.' Liz Cloud
November 17,1998
Page 2
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
~~
Depu Cler
Enclosure
cc: Mayor Wilhelmina Harvey
Mayor Pro tem Shirley Freeman
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
Municipal Code Corporation
County Attorney
County Administrator
OMB Director
Fmance Director
Growth Management Director
File
SENDER:
_ Complete items 1 and/or 2 for additional services.
-Complete items 3, /la, and 4b.
_ Print yo'ur name and address on the reverse of this form so that we can return this
card to you,
_ Attach this form to the front of the mailpiece, or on the back if space does not
permit '
-Write 'Return Receipt Requested' on the mail piece below the article number.
-The Return Receipt will show to whom the article was delivered and the dafe
delivered,
3. Article Addressed to:
MRS. LIZ CLOUD
7L. DEPT. OF STATE
BUREAU OF ADMIN. CODE AND LAWS
401 SOUTH MONROE ST.
TALLAHASSEE, FL. 32399-0250
ORD. 032, 033 AND 034-1998
5. Received By: (Print NaTTl8)
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I also wish to receive the
following services (for an
extra fee): .
1. 0 Addressee's Address J
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2. 0 Restricted Delivery cZ
Consult postmaster for fee.
4a. Article Number
V 2 0 1998
8. Addressee's Address (Only If requested
and fee Is paid)
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- Complete items 1 and/or 2 for addi1lonaIlI8IVices.
- Complete items 3, 4e, and 4b.
- Print your name and address on the reverse of this form 80 that we can return this
card to you.
- Attach this form to the Iront of the mallpiece, or on the back if apace do88 not
permit.
-Write'Retum RBCBipt ReqlJfMted.on the mailpiece blIlow the article number.
-The Return Receipt win show to whom the article was dellll8nld and the data
deliverad.
3. Article Addressed to:
MUNICIPAL CODE CORPORATION
P.O. BOX 2235
TALLAHASSEE, FL. 32316-2235
CORD. 032, 033 AND 034-19~B)
5. Received By: (Print NBTTI8)
~eceipt
I also wish to receive the
following services (for an
extra fee):
1. 0 Addressee's Address
2. 0 Restricted Delivery
Consult postmaster for fee.
4a. Article Number
P 381 826 486
4b. Service Type
o Registered ~ertlfled
o Express Mail 0 Insured
nJletum Receipt for Merchandise 0 COD
7. Date of I ery
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MRS. LIZ CLOUD
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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 Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET FWRIDA DEPARrMENT OF STATE
Sandra B. Mortham
Secretary of State
DNISION OF ELECTIONS
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Prcsctvation Board
Historic St Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampaJHillsborough County
Preservation Board
RINGLlNG MUSEUM OF ART
November 24, 1998
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 three letters dated November 17, ~d certified copy each of Monroe
County Ordinance No. 98-32, 98-33, an 98-34, which were filed in this office on
November 20, 1998.
Sincerely,
%~
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.fI.us . E-Mail: election@mail.dos.state.jl.us
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, PROOF OF-PUBLICATION
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THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
~
. . II Tom Schumaker
Before the underSIgned authonty persona, y appeared ------ .
""
.___ wbo on oatb. says that he/she is
___-3~bli~her ___ of the FLORIDA' KEYS KEYNOTER. a twice weekly newspaper published at MARATHON,
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement. being RE-Notice of Intention
IN THE MATTER OF:
to Consider Adoption Cty Ordinance - Infrastructure Sales Tax
in the
----.----------
~_~_ Court was published in said newspaper in the issues of
~ ------
OCtober la, 17, 1998
-----------------
- ---------
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON, iQ said MONROE COUNTY, FLORIDA, and that tbe 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 preeedinl
the first publication of the attacbed copy of advertisement; and affiant fu....
ther says that be has neither paid nor promised any person, firm, or corpo-
ration any discount, rebate, commission or refund for the purpose of seeu....
ing this advertisement for publication in the said newspaper.(SEAL)
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no. 2955600
RE-NOTICE OF,INTENTION TO
CONSIDER ADOPTION of
COUNTYORDtNANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on W~, October 21.
1998. irt 10:00 AM at the H.-
..., center - T~ School
12~ Trum.n ,AvWwe. ~
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=--w:'="t:"=rF';:.;
-.pt!Dn of , the folIcNIIno Coun-
ty....~, '
"If! ORDINANCE. AMeNDING
SECOUNTYc:TIClft 2-&1'4. MONROE
CODE. IN ORDER TO
PAOVlOE THAT INFRASTRu<r.
TORE SALES TAX REVl:NUE
~}8E U$ED FOR ANY PUB-
TtE,~~
TIONS ARE MET AND THAT
~ COUNTY'S COM-
, \IE PLAMtslN C0M-
PlIANCE WITH PART II. CHAP-
TER 183.R,ORIDASTATUTES;
PROVIDING' FOR. SE~RAJIU-
TY; PROYlDlNG FOR'lHE..
PEAl OF AU. ORDINANCES IN-
CONSISTENT HEREwmt'
PROVIDING FOR I~
TION INTO THE MONROE
COUNTY C:;ODE OF CADI-
r~~~INGAN
P~t to SectIciil288.0105.
FIoridlII StlItutes. nOtIce is given
that if . person decides, to ap-
peal" eny deciaion' mecIe by the
Bo.d with respect to any mat-
_COhaidered at the ~ he
wiI Il88d . record of, the pro-
c:eedlnge. end that. for lIUC/J pur-
~. M may need to ensure
....... __tim record of the
==:'ia mecIe. which re-
8IIlcfence ' "the teatImony end
is tobetie: which the_'
CoolM of h ebove-f'ef8l..1C<1d
orcIlneMe _ ""...... for At-
~ at the JIerioua public Iibr.- .
_1Il~ County. FIbrIcIe.
0.... at Kn:::~ FIoridlII. this
15th_of bar. 1998.
~NNY L KOLHAGE. CIel'k of
~f;aurt_encf..oIIlc:io
~!!J~.-:::c;ounty
COunty~
~=KOCtoberK' 10.17.1998.
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SWORN TO AND SUBSCRIBED BEFORE ME THIS 19th
DA Y OF
October
A.D. 19 98
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Before the undersigned authority personalt>' appeared __2'~~:::,:maker _____ wh~n ~the-y~at he/she is
____!ublisher _____ of the FLORIDA' KEYS KEYNOTER, a twice weekly newspaper published at MARATHON.
PROOF OF-PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATIION, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
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Notice of INtention To
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being
Consider Adoption of County Ordinance - Infrastructure Sales Tax
IN THE MATTER OF:
in the
Court WaI published in said newspaper in the issues of
j=~""'----~---""'--
September 26, October 3 ,. 1998
- - . ~ - --------------------
--------
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON, iQ 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 precedinl
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 discount, rebate, commission or refund for the purpose of secur-
ing this advertisement for publication in the said newspaper.(SEAL)
~-2
(seal)
SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th
DA Y OF
October
A.D. 19 98
_~~tL_iC~~~~
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.L
no. 0086700
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on \Nedne8dIIY. October 14.
1998. ,lit 10:00 AM lit the Her-
WIV een- . Trurnen School.
1200 Trumen Avenue. Key
West. Monroe County. Florida.
the Boerd of County Commis-
sionerS of Monroe County. Flori-
de. intends to consider the
adoption of the folloWing Coun-
ty~:
AN ORDINANCE AMENDING
SECTIOI\I 2-514. MONRDE
COUNTY CODE. IN ORDER TO
PROVIDE THAT INFRASTRUC-,
TURE SALES TAX REVENUE I
MAY BE USED FOR ANY PUB-'
L1C puRPOSE PROVIDED THAT
THE DEBT SERVICE OBLIGA-
TIONS ARE MET AND THAT
MONROE, COUNTY'S COM-
PREHENSIVE PLAN IS IN COM-
PLIANCE WITH PART II. CHAP-
TER 163. FLORIDA STATUTES;
PROVIDING FOR SEVERABIU-
TY; PROVIDING FOR THE RE-
PEAL OF ALL ORDINANCES IN-.
CONSISTENT HEREWITH;
PROVIDING FOR INCORPORA-
TION INTO THE MONROE
COUNTY COOE OF ORDI-
NANCES; AND PROVIDING AN,
EFFEc:TIVE DATE.
Pursuant to SectIon 286.0105,
Florida StatuteS. notice is given
that if a person decides to ap-
peel .-.y decision made by the
Boerd with relipectto any mat-
ter considllred lit the ~ he
win need a recOrd of the pro-
~. and that. for llUCh pur-
poise, fie maY need to ensure
that a verbatim record of the
proceeIdings is made. ,which Ill-
cqrd includes the testimOny end
evidence upon which the eppeaI
is to be be8ed.
CopieS of the ebove-I afb, enced
orclinence ,ere eveileble for re-
view at the various put,Iic librar-
"\. in Monroe County, Florida.
'I,) 'lit K~ West. .Florida; this
\ 5th,day of 5eptBI11D<<. 1998.
- j DANNY L KOLHAGE,
, CIert< of the Circuit Court
end ex officio Clerk of the Board
of CountY Commisslonei's of
Monroe County, Florida
Publish September 26. October
-:5; 1998.
Florida Keys Keynoter