Ordinance 013-1999
Board of County Commissioners
ORDINANCE NO 013 -1999
AN ORDINANCE AMENDING SECTION 15.5-19, MONROE COUNTY
CODE, BY PROVIDING AN EXEMPTION OF LIMITED DURATION FOR
PROPERTY OWNERS FROM THE ENFORCEMENT PROCEEDINGS OF
SECTION 15.5-19, MCC, WHEN THE LOCATION OF THE PROPERTY
OWNER'S ON SITE SEWAGE TREATMENT AND DISPOSAL SYSTEM (OSTDSI
IS INCLUDED WITHIN AN AREA APPROVED BY REFERENDUM FOR THE
CONSTRUCTION OF CENTRALIZED SEWER SERVICE, A SPECIAL DISTRICT
HAS BEEN CREATED FOR SUCH PURPOSE, OR BONDS SOLD OR
CONTRACTS ENTERED INTO FOR SUCH PURPOSE; 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 15.5-19, MCC, is hereby amended by the addition of the
following:
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An enforcement proceeding may not be commenced against a pr~~ o~r ci
who has complied with the notice provision of Sec. 15.5-18, MCC, for nOrliiC~li~e :::0
with subsection 15.5-19 (b) (1), MCC, if one of the following has occurred: ~C":l;;:J::::O
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1) A referendum approving the creation of a special 9i'triii folt.Jhe~
provision of centralized sewer service has been approved by the electoftJte, 0
which district will encompass the property owner's OSTDS, or, in the alternative, a
petition requesting the creation of a central sewer special district has been signed
by 60% or more of the property owners within the proposed district; provided,
however, that before calling for the referendum, the Board of County
Commissioners must cause the completion of a preliminary feasibility study for the
area proposed for central sewer service. The study must evaluate: capacity and
treatment requirements; the potential costs (including site acquisition costs);
length of time from design to completion (including possible permitting delays);
available funding alternatives; proposed schedule(s) for the abandonment of on-
site systems and mandatory connection to the central sewer system: and any
other factors the Board of County Commissioners deem relevant for the area in
question.
d)
Exemption from enforcement proceedings.
2) The Board of County Commissioners has approved an ordinance
creating a special district for the provision of a centralized sewer service, which
district encompasses the property owner's OSTDS; provided, however that before
approving the ordinance, the BOCC must obtain the authorization of the Florida
Keys Aqueduct Authority (FKAA) for the construction of a central sewer system in
the proposed area.
3) Bonds (or another instrument of indebtedness) have been sold the
proceeds of which (excluding costs of issuance) are legally obligated to be used
for the construction of a centralized sewer that will, when completed, provide
centralized sewer service to the property owner.
4) A contract or contracts have been entered into for the
construction of a centralized sewer system that will, when completed, provide
centralized sewer service to the property owner.
The requirements for a preliminary feasibility study and FKAA authorization
as set forth in (dJ( 1) and (2) do not apply to a referendum or a special district
ordinance that was passed by the electorate or approved by the Board of
County Commissioners prior to the effective date of this subparagraph (d). In the
case of a previously approved referendum or ordinance, the failure to perform
the feasibility study or obtain the FKAA authorization will not result in the loss of the
exemption otherwise available under this subparagraph (d).
This exemption provided for in this subparagraph begins on the earliest of
the following dates: the date of the referendum; the effective date of the
ordinance creating the special district; the date of the resolution (or motion) of
the Board approving the sale of bonds (or other instrument of indebtedness); or,
the effective date of the construction contract(s). The exemption will remain in
effect so long as the following schedule for completion of the centralized sewer
system is maintained:
(i) Within one year of the date the exemption began, complete the
conceptual central sewer system facilities plan;
(ii) Within two years of the date the exemption began, complete the
final facility designs and obtain bond financing or otherwise secure an
assured funding source sufficient to complete the construction of the
central sewer facilities; and
(Hi) Within three years of the date the exemption began, commence
construction of the central sewer system for the area.
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 ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
The provisions of this ordinance shall be included and incorporated
Section 4.
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 10th day of March, 1999.
Mayor Wilhelmina Harvey
Commissioner Shirley Freeman
.,._'--_......~. Commissioner George Neugent
~,;-:., "G;ommissioner Mary Kay Reich
.'...',".,'~..~.' ~~.-:,.".ti,\,...o',~~,~',..,.,i:I", Commissioner Nora Williams
;~ ~ ;. \\-;, \
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~~ .A1test: DANNY L.KOLHAGE, Clerk
.---
By \?u:r"~;e~N.~,^
Depu Cler
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
By
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GOUNTy
0Cyr yJ .ObF....JrpQ` y
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riattnp IL. 1otjage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
March 23, 1999
CERTIFIED 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 Ordinance No. 013-1999 amending
Section 15.5-19,Monroe County Code,by providing an exemption of limited duration for
property owners from the enforcement proceedings of Section 15.5-19,MCC, when the
location of the property owner's on-site sewage treatment and disposal system (OSTDS)
is included within an area approved by referendum for the construction of centralized
sewer service, a special district has been created for such purpose, or bonds sold or
contracts entered into for such purpose; 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 March 10, 1999.
Please rile for record.
Sincerely,
Danny L. Kolhale
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
Enclosure
~{J~~M.u.)
Depu CIe
cc: Mayor Wilhelmina Harvey
Mayor Pro Tem Shirley Freeman
Commissioner Georae NeUlent
Commissioner Mary Kay Reich
Comml~ioner Nora Williams
County Attorney
County Administrator
Actinl Growth Manalement Director
Municipal Code Corporation
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Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that
he is director of the Advertising Department of the Key West Citizen, a daily newspaper published
at Key West, in Monroe County Florida; that the attached copy of advertisement, being a legal
~tice in the matter of /l, . · n f),' . i r ()
U1R1.~.AUJ/)(/~..f - ~fllAAf f) ~~ U -I) -/7
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Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
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 has been entered as second-class
mail matter at 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 advert' ent ublication in the said
newspaper.
Sworn and subscribed before me this
, 1999.
Expires {1J-:lI, ?f)(J.;;;?-
Personally Known Produced Identification
Type of Identification Produced
Signature of Notary Public
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NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE,IS;HEREBY GIVEN TO
WHc4-IT MAY CONCERN that
' on Wednesday, January 13,
1999, at 10:00 AM at the Harvey
Center-Truman School, 1200 Tru-
man Avenue, Key West, Monroe'
County, Florida, the Board of
County Commissioners of Monroe
County, Florida, intends to con-
sider the adoption of the following
County ordinance:
AN ORDNANCE AMENDING
SECTION 15.5-19,MONORE
COUNTY CODE BY PROVIDING
AN EXEMPTION OF LIMITED
DURATION FOR PROPERTY
' OWNERS FROM THE EN-
FORCEMENT PROCEEDING;$$
. OF SECTION 15.5-19,MCC, •
WHEN THE LOCATION OF THE
PROPERTY OWNERS'S ON
SITE SEWAGE TREATMENT
AND DISPOSAL SYSTEMS(OS- ,
TDS) IS INCLUDED WITHIN AN
AREA APPROVED BY RFFER-
ENDUM FOR THE CONSTRUC-
TION OF CENTRALIZED SEWER
SERVICE,A SPECIAL PROVID-
ING DISTRICT HAS BEEN CRE-
ATED FOR SUCH PURPOSE OR '
, "BONDS SOLD OR CONTRACTS
__ ENTERED INTO FOR SUCH
PURPOSE;FOR SEVERABIL-
ITY;PROVIDING FOR THE RE
PEAL OF ALL ORDINANCES IN- I
CONSISTANT HEREWITH;PRO-'
VIDING FOR TRHE INCLUSION 1
IN THE CODE OF ORDI-
INANCES;AND PROVIDING FOR
AN EFFECTIVE DATE.
, Pursuant to Section 286.0105,
Florida Statutes, notice is given
that if a person decides to appeal
any decision made by the Board
with respect to anymatter consid-
ered at such hearings or meet
ings, he will need a record of the
proceedings,,and'that, for such
purpose, he may need to ensure
that a verbatim record of the pro-
ceedings is made, which record
includes the testimony and evi-
dence upon which the appeal is to
be based.
Copies. of the above-referenced
ordinance are available for review
at the various public libraries in
Monroe County,Florida.
DATED at Key Wes\, this 18th
day of December, 1998.
DANNY L.KOLHAGE
Clerk of the Circuit Court and ex
officio Clerk of the Board of
County Commissioners of Monroe
County,Florida
• Dec.25th,1998&Jan. 1st, 1999.
1Igfb
3420 Northside Drive
Key West FI. 33040
iBlrIZEN ~ ~ ~
Office 305-294-664~~~ 3.~0768
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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 director of the Advertising Department of the Key West Citizen, a daily newspaper published
at Key West, in Monroe County Florida~ that the attached copy pf advertisement, being a legal
n9tice in the matter of . () I! , - - 9
({)~ ~ (/1-rA/lA...t't I ~ 12M (1jj.fA 1; ~..J l<) ,~s- -/
- 1ft th~ Court, WM J!lblis~)p )jlid newspaper in the issues of
~. d-~ ct 1Y/(lA/Lj~6) I~~
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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 has been entered as second-class
mail matter at 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 fo lie tion in the said
newspaper.
Signature of Affiant
Sworn and subscribed before me this
Expires fk.,J:J I, ctlJ -;y
persona~own Produced IdentIficatIOn
Type of Identification Produced
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NOTICE OF INTENTION TO . OF ORDINANCES; AND PRO-
CONSIDER ADOPTION OF VIDING FOA AN EFFECTIVE
COUNTY ORDINANCE DATE, '
NOTICE IS HEREBY GIVEN TO Pursuant to. Section 286.0105,
WHOM IT MAY CONCERN that Florida Statutes, notice is given
on Wednesday, March 10, 1999, that if a person decides to appeal
at 10:00 AM at the Marathon Gov- any decision made by the 'Board
ernment Center, 2798 Overseas with respect to any matter consid-
Highway, Marathon, Monroe, ered at such hearings or meet-
County, Florida, the Board . of ings, he will need ~,record of the
County Commissioners of Monroe proceedings, and that, for such
County, Florida, intends to con- purpose, h'e may need to ensure
sider the adoption of the following t.hat a verbatim record of thepro-,
County ordinance: ceedings is made,which record
' AN ORDNANCE AMENDING includes the testimony and evi-
SECTION 15.5-19, MONROE dence upon which the appeal is to
COUNTY CODE, BY PROVIDING be based.
AN EXEMpTION OF LIMITED Copies of the above-referenced
DURATION FOR PROPERTY ordinance are available for review
OWNERS FROM THE EN- at the various public libraries in
FORCEMENT PROCEEDINGS Monroe County, Florida. .
OF SECTIONS 15,5-19, MCC, DATED at Key West, this 18th
WHEN THE LOCATION OFTHE day of February, 1999.
PROPERTY OWNER'S ON SITE DANNY L. KOLHAGE
SEWAGE TREATMENT AND Clerk of the Circuit Court and ex
DISPOSAL SYSTEM (OSTDS) IS officio Clerk of the Board of
INCLUDED WITHIN AN AREA County Commissioners of Monroe
APPROVED BY REFEREMDUM CountY,Florida
FOR THE CONSTRUCTION OF February 22nd & March 5th,
CENTRALIZED SEWER SER- 1999.
VICES, A SPECIAL DISTRICT
HAS BEEN CREATED FOR
SUCH PURPOSE OR BONDS
SOLD ON CONTRACTS EN-
TERED INTO FOR SUCH PUR-
POSE, PROVIDING FOR SEV-
ERALBILlTY; PROVIDING FOR
THE REPEAL OF ALL ORDI-
NANCES INCONSISTANT
HEREWITH; PROVIDING FOR
TRHE INCLUSION IN THE CODE
7~
STATE OF FLORIDA
COUNTY OF MONROE
Serving the Florida Keys
P.O. Box 1197 · Tavernier, Florida 33070-11~7 \D."
(305) 852-3216 Fax: (305) 852-8249 ~ ~ ~,r=
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STATEMENT OF PROOF OF PUBLICATI~~ ; ~
uSPS #905580 ~("')S;' rrr
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Before the undersigned authority personally appeared JACKIE HARDER, who on oath, says that she is
EDITOR 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, 12/24 AND 12/31/98.
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
newspa er.
TO AND SUBSCRIBED BEFORE ME THIS 15TH DAY OF JANUARY A.D. , 1999
/fJ~ J? ~
NOTARY PUBLIC
MY COMMISSION EXPIRES:
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OAvr;r; ~ OOVli
My c... .. . CC4t1878
Ex;>inim Feb. 05,1999
Bonded by ANB
800-852-5878
,
•
-- - 1998 _ .
lormwomeimumm
TION TO CONSIDER -.
ADOPTION OF
COUNTY ORDINANCE ,
t-—
NOTICE IS . _
HEREBY GIVEN TO
WHOM IT MAY CON-
CERN that on Wedneday, PROCEEDINGS OF SEC
January 134999,'at 10:00 TION 15.5-19,MCC,
AM at the Harvey Center- i WHEN THE LOCATION
Truman"School, 1200 • OF THE PROPERTY
Truman Avenue,Key-West OWNER'S ON SITE
Monroe County,Florida, _SEWAGE TREATMENT
the Board of County AND DISPOSAL--SYS-
Commissioners of Monroe TEM(OSTDS)IS
County,Florida,intends to INCLUDED WITHIN AN
consider the adoption of the AREA-AP-PROVED BY
following County ordi- REFERENDUM FOR THE
CONSTRUCTIONIOF
nance: CENTRALIZED SEWER
a' ' ! SERVICE, A SPECIAL. •
AN ORDINANCE DISTRICT HAS BEEN
AMENDING SECTION , : , CREATED FOR•SUCH
15.5-19,MONROE PURPOSE,OR BONDS
COUNTY CODE,BY SOLD OR CONTRACTS
• PROVIDING AN EXEMP- ENTERED-INTO-FOR 1
TION OF LIMITED' •
DURATION FOR PROP- SUCH PURPOSE;;PRO-
ERTYOWNERS FROM VIDING FOR INCORPO -!
THE ENFORCEMENT. RATION INTO THE
- - . _ MONROE COUNTY
• ' _ • CODE OF ORDINANCES;
/'T,17 VI DING AN
_1-FECTIVE DATE
. Pursuant to -
Section 286.0105,Florida
Statutes,notice is given -
' that if a person decides to ,
appeal any decision,made
by the Board with respect
• to any matter considered at
the hearing,he will need a
record of the proceedings, _
and that,for such purpose,
he may need to ensure that ,
a verbatim record of the
` proceedings is made,which
i record includes the testimo-
ny and evidence upon ,
which the appeal is to be
based. - ,
Copies of the
above-referenced ordinance
, . are available for review at -
the various public libraries
•in Monroe County,Florida.
Dated at Key
West,Florida,this 18th day - "
of December, 1998. ,
k",r IDANNY L.KOHLAGE,
.-- Clerk of the Circuit Court ,
r- and ex officio Clerk of the
Board of County ,
• _Commissioners of Monroe
County,Florida
;GPublished: 12/24&
' 12/31/98
' he Reporter - -
Ta.arnier,FL
KE~EST
ITIZEN
3420 Northside Drive
Key West FI. 33040
Office 305-294-6641 Fax 3<15-294-0768
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 director of the Advertising Department of the Key West Citizen, a daily newspaper published
at Key West, in Monroe County Florida; that the attached copy of advertisement, being a legal
~~ce in the matter of Cl
UldM'{)~ (2-1/1.1 I2ko{J4 ~ . ,,):,:;--1 q
ourt, as published in said newspaper in the issues of
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 has been entered as second-class
mail matter at 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 adv rtisem ublication in the said
newspaper.
Sworn and subscribed before me this
, 1998.
Expires &~1) (I 'J[)OCY
Personally Known Produced Identification
Type of Identification Produced
Signature ~~ .~~~
~ ..~~\SSION ~>. ~
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,
NOTICE OF INTENTION TO
CONSIDER ~DOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on Wednesday, January 13,
1999, at 10:00 AM at the Harvey
Center-Truman SchoOl. 12QO Tru-
man Avenue, Key West, Monroe
County, Florida, the Board of
County ComlTlissionersof Monroe
County, Florida, intends to con-
sider the adoption of the following
County ordinance:
AN ORDNANCE AMENDING
SECTION 15.5-19, MONORE
COUNTY CODE BY PROVIDING
AN EXEMPTION OF LIMITED
DURATION FOR PROPERTY
OWNERS FROM THE EN-
FORCEMENT PROCEEDINGS
OF SECTION 15.5-19, MCC,
WHEN THE LOCATION OF THE
PROPERTY OWNERS'S ON
SITE SEWAGE TREATMENT
AN[J DISPOSAL SYSTEMS (OS-
TDS) IS INCLUDED WITHIN AN
AREA APPROVED BY RFFER-
ENDUM FOR THE CONSTRUC-
TION OF CENTRALIZED SEWER
SERVICE, A SPECIAL PROVID-
ING DISTRICT HAS BEEN CRE-
ATED FOR SUCH PURPOSE OR
BONDS SOLD OR CONTRACTS
ENTERED INTO FOR SUCH
PURPOSE; FOR SEVERABIL-
ITY; PROVIDING FOR THE RE-
PEAL OF ALL ORDINANCES IN-
CONSISTANT HEREWITH; PRO-
VIDING FOR TRHE INCLUSION
IN THE CODE OF ORDI-
NANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is given
that if a person decides to appeal
any decision made by the, Board
with respect to any matter consid-
ered at such hearings or meet-
ings, he will need a record of the
proceedings, and that, for such
purpose, he may need to ensure
that a verbatim record of the pro-
ceedings is made, which record
includes the 'testimony and evi-
dence upon which the appeal is to
be based.
Copies of the above-referenced
ordinance are available for review
at the various public libraries in
Monroe County, Florida.
DATED at Key West, this 18th
day of December, 1998.
DANNY L. KOLHAGE
'. Clerk of the Circuit Court and ex
officio Clerk of the Board of
County Commissioners of Monroe
County, Florida
Dec. 25th, 1998 & Jan. 1st, 1999.