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Ordinance 037-1999 Risk Management ORDINANCE NO 037 -1999 AN ORDINANCE AMENDING SEC. 2-457, MONROE COUNTY CODE, BY THE ADDITION OF A CATASTROPHIC CONTINGENCY RESERVE PARAGRAPH; AMENDING SEC. 2- 458(6) AND (9)(a), IN ORDER TO DELETE THE EXCLUSION OF THE MUNICIPAL SERVICE (SOLID WASTE) DISTRICT FROM THE COUNTY'S SELF-INSURED RISK MANAGEMENT PROGRAM; 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. Sec. 2-457 is hereby amended by the addition of the following: (d) A Catastrophic Contingency Reserve shall be established and maintained at a minimum of $1,000,000. This Reserve shall be available for non-declared disasters to fund large property insurance deductibles, liability claims that exceed, or are excluded from, any excess insurance coverage purchased, or at any time budgeted expenses of the Fund, including insurance premiums exceed the budgeted amount by 10%. Upon the recommendation of the County Administrator or his designee, any surplus funds remaining in the Risk Management Fund at the end of any fiscal year not required for specific claim reserves may be added to the Catastrophe Reserve, thereby raising the minimum balance maintained accordingly. If any funds are utilized from the Catastrophe Reserve within a Fiscal Year, such funds shall be replaced in ensuing fiscal year budgets, until the Reserve is replenished to its beginning minimum balance. Section 2. Sec. 2-458(6) is hereby amended by the addition of the following: (6) The County Administrator and the Clerk are authorized to pay or caus~ to be paid from the uninsured loss fund the administrative costs and3thEt:Je~ ~ and costs involved in or related to the retention and use of support s~ic~ f~ jT1 the program, under established Purchasing Policies and Procedures a~thifP C) purchasing authority levels. ~~: ' ~ ~~:o ?; _...; ('") I -u ~;-;1~ ~ r .~) > rt1 Sec. 2-458(9)(a) is hereby repealed. ." ':::::> :::a ;:;0 ""1 n c:> U1 ::0 U1 -=:1 If any section, subsection, sentence, clause or provision of this ordinance Section 3. Section 4. is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ,ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. 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 7. 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 8th day of September ,1999. yes yes yes yes yes NY L.KOLHAGE, Clerk a~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~~- By . · . - -. '(' . Mayor/Chairman jordiiimsdrisk AflPROV A.ND E~ts TO FORM By R DATE' mannp 1.. Itolbagr BRANCH OFFICE 3117 OVERSEAS ffiGHWA Y MARATIiON, FLORIDA 33050 TEL. (305) ~27 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD SI'REET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 September 24, 1999 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL, (305) 852-7145 FAX (305) 852-7146 CERTIFIED HAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws The Elliott Building 401 South Monroe Street Tallahassee, FL 32399-0250 Dear Mrs. Cloud: Enclosed please find certified copies of Ordinance Nos. 036, 037, 038, and 040-1999 which are Self-explanatory. These Ordinances were adopted by the Monroe County Board1of County Commissioners at a Regular Meeting in formal session on September 8, 1999. Please file for record. Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C. DeSantis I &~C..tfl,jJ~ Deputy Clerk / cc: Municipal Code Corporation, Ord. 036, 037 & 038-1999 Board of County Commissioners I County Attorney : County Administrator I Growth Management Director, Ord. 040-1999 Tourist Development Council, Ord. 038-1999 Finance Director, Ord. 036 & 037-1999 Risk Manager, Ord. 037-1999 II'" I Z ..08 337 253 us Postal S8fVice Receipt for Certified Man No Insurance Coverage Provided. Do not use for International Mail See reverse Sentt~r.. Liz Cloud, Chief Bur MrtIttAtlmlnlltratlv8 Code and L Post 4'8 I' :11 I f ~ Is your REnJRN ADDRESS ~ on the reverse side? c: ~I ~ ~ . ~ 00 0 0 0 m ~ ~. ~ ~ 'i~~ ~[lfi{ z II ... l2.,"JJ'""'!t-,<-a c <' = O,.<>>iillJi._ooil m CD . 0 -~;!." 0.<:: l ..~!; '" ~ :; ~ ~ ~ ~'i~ r ~ff ~ -:;:: .. 0 . 3 rZl i.~ ;:; II!.!"~ " · S m:; _.~ ~t : a.~l ~ ~ :r == .. Noll ~ ti 51 ~ "TI~O~()" ~ ~ a.N ~ r 0 ::: !. 0 ~ S!. ~~ ~ ~CD<C;:;: g t wo!:..o. f.3 'i: N. -0. g II! ~ W a. .~ ; r~ t ~ liti' J I I O. CD II S!. 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BY THE ADDITION TJNG~~TASTROPHIC CON~ GRAPH' RESERVE PARA- ; AMENDING SEC X-458(61 AND 1911A) IN OR' OER TO DELETE THE'EXCLU_ SION OF THE MUNICIPAL SER- VICE (SOLID WASTE) DIS- TRICT FROM THE, COUNTY'S SELF-INSUI'IED ,RE1SK MAN- AGEMENT .PROGRAM' PRO VIDING FOR SEVERABILITY: OPROVIDIN,G FOR THE REPEAL F ALL ORDINANCES INCON- SISTENT HEREWITH; PROVID- ING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES' AN PROVIDING, AN EFFECTIVE DATE, .. Pur~ant to ~tion 286.0105. Florida Statutes. notice is given thet If a PfJI'SOn decides to Geal any. decision made by ~ oerd WIth re&pect to an)l mat- ter consider~ at the heanng, WIll need a record of tlJe pi' ceecflf'lgs. and that. for ~h pur- pose. he may need tQ ensllre that a verbatim record of the prOCeec/ill9s ,is made. which re- cOfd lncIudea the testimony and eVt'denbe~b upon, which the "PPea' 1$ 0 "sed. Copies of the above-refarenced ordlnence are -aiIable 'for re_ v_ at the veno"s public librar- les.n Monroe County. Florida, Dated at Key West. Florida. this 1 6th day of AUQUs't. 1 999. DANNY l. KOLHAGE Clerk of the Citcuit court end ex officio CteIt of the Board of County Commissioners 0 Monroe County. F~ida PubWsh A~gust 21. '28. 1 999 Florida Keys Keynoter . Before the undersigned authority person- ally appeared TOM SCHUMAKER who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) August 21, 28, 1999 Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in the said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one 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 s curing this advertisem t for publicati n the s d n spaper(s 1999 'BlP "' 3420 Northside Drive Key West FI. 33040 Office 305-294-6641 Fax 305-294-0768 Published Dailv Key West, Monroe County. Florida :n040 ST ATE 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 in Key West, in Monroe County, Florida; that the attached copy of vertisement, being a leg notice in the matter of-- 'W rK c ..:j" c:: N w <:( o - (,:, -' u ~-a::~ I.t.J :J::~r 0.::; x: -l c...> I- a.... o.:z: c:: x:o::=:> o ..::r .(30 Lr... N ~x:u o 0... z-'~ I.&.J W z c...> 0:: :::iExAifes~ ~t. 11, 2002 - ~ ..... 1a..Pe~nally ~own Produced Type of Identification Produced 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, Floridaeach 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 preceeding 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. ~~ ignature of Affiant Sworn and subscribed before me this '~ofQ~~ ,1999. ~~~J Identification ~"\\\""t"""~ ~~'\r:,\a\ R. Brq:"'*. '* CJ~1 ........ 0 ~ ~ ..~~\SSION ~":" ~ :::: . "" 11 "(,c. '"" .:: "{,jO ~'Ol '~~'. ~ .::: :;:,..., rP ~ ~~ ::: ~!<il"f S.~1. I'" : * ~ :: . . ~:: ~ ~o ~ #CC782583 : f;2:::: JI' :;A- .9:i::' ~"l"A... l; 8ondedW.<!>~.'.,;::~ ~-r}- ;.;>Nain'\nsll\~.. <.<<: ~ "" /VIA ........ G 0' ~ :"'/ 'BUe 51 fl.' y :\,,~ /1/11111 "" 1\\\'\ NOTICEOF INTENTION-TO-CON- SIDER ADOPTION OF COUNTY ORDINANCE 'NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday Sept. 8, 1999, at 3:00 p.m., at the Marathon Government Center, 2798 Overseas Highway,. 'Marathon, Monroe County, Florida. ,The Board of County Commissioners ,of Monroe County intends to consid- ^'er the adoption of the following 'County'ordinance: AN ORDINANCE,AMENDING SEC. 2-457,MONROE COUNTY CODE BY THE ADDITION OF A CATA- STROPHIC CONTINGENCY RE- SERVE PARAGRAPH;AMENDING SEC.2-458(6)AND(9)(A),IN OR- !DER TO DELETE THE EXCLUSION OF THE MUNICIPAL SERVICE (SOLID WASTE)DISTRICT FROM -THE COUNTY'S'SELFINSURED.-11 I RISK MANAGEMENTS PROGRAM; I PROVIDING FOR SEVERABILITY; .l PROVIDING•FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR IN- CORPORATION INTO THE MON: ROE COUNTY CODE OF ORDI- NANCES;AND PROVIDING'AN EF- ' FECTIVE DATE. Pursuant to Section 286.0105, Flori- da Statutes notice is given that if a !person decides to appeal any deci- , I sion made by the Board with respect Ito any matter considered at the hear- , ing, he will need a record of the pro- ceedings,and that for.such purpose, , he may need to ensure that a verba- tim record of the proceedings is , made,which record includes the evi- dence 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, Florida,this 16th Iday of Aug,1999. • DANNY L.KOLHAGE,Clerk of the ' Circuit Court and ex-officio Clerk of the Board of County Commissioners of Monroe County,Florida. Aug,20th&27th, 1999 NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY .. ORDfNANCE . NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN tbat On Wednesday Sept. 8, 1999, at 3:00 p.m" at the Marathon Govemmem Center, 2798 Overseas Highway, Marathon, Monroe County, Florida.. The Board of County Commlsl!li~rs of Monroe County intends to' oonsid- er the adoption of the following County'ordinance: AN ORDINANCE AMENDING SEC. 2-457, MONROE COUNTY CODE BY THE ADDITION OF ACATA- STROPHIC CONTINGENCYRE_ SERVE PARAGRAP.ti; AMENDING SEC, 2-458(6) AND (9)(A), IN OR~ DER TO DELETE THE EXCLUSION OF THE MUNICIPAL SERVICE (SOLID WASTE) DISTRICT FROM THEQQVN'TTs 1lII7~,~' Af8I(~~.~ ~..~. ~..... .....,"""...'.,..,-...,",.:......,.."., · ........ trM 1M- , ' .. :'I'1ON tN'l'O THE MON- ROE COUNTY COPE OF ORDI- NANces; AND PROVIDING' AN EF- FECTIVE DATE. Pul'8Wll'rt toSliIcllon286.ot05, Flori- daStBtutes notICe 18 giverUhat,jfa J*$Of1. decides to appeal any deci~ . sion ~ by the .Boardwith respect to any matter considered at the hear- ing, h. win need a record of the pro- '*!dinGs. and that for such pUrpose, he may need to ensure thataverba- tim' record of' the Proceedings is made, WhiCh record includes .the evi- dence upon Which the appeal is to be bued. . Copies of the above-referenced orc/i- ' nanee are available for review at the variOus' public libraries in Monroe County,Florida, Dated at Key West, Florida, this 16th day of Aug, 1999. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex-officio Clerk of _lfle Boarct of County Commissioners "'1IiIorIrM County, Florida. Aug, .. a 271\. 1118 . Your Upper Keys Connection PORTER P.O. Box 1197 · Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8240 STATEMENT OF PROOF OF PUBLICA nON STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DONNA SfU1TS, 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 TO CONSIDER in said newspaper in the issue of 8/26/99. Affiant further says that THE 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 he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of ~;: s~i~ement for publication in the said newspaper. SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 26th day of August, A.D., 1999 F J( jo 't ..:! .'0 YIO.}f ~ 30VH10}f '1 ^NN~O "tal IfI 9::.1. " OH033~ HO.:l 0311.:1 MY COMMISSION EXPIRES: .... I, MARY LOU SOLLBERGEfl ~'\ ' Notary Public, State 01 Florida . ~.I My comm. expires 8/14/00 .~ : rJ Bonded By Servtce tn.. "~'k' 'J' No. CC563377 'P'.... X Peraonally KJIlIWrI I ) 0lIl811,0 NOTICES N NTION • TO CONSIDER,ADOP TION OF COUNTY OR DINANCE • • NOTICE IS HEREBY. - = GIVEN TO WHOM IT' • MAY CONCERN that on ' • • - -= Wednesday,September, rsl j$M` • 8,-1999,at 3:00 PM at the , Marathon Government Center,2798 Overseas 118-Legal Notices ' Highway,Marathon, Monroe County,Florida,. Statutes;notice is given the Board of County ; that if,a person decides to Commissioners of Mon- , appeal any decision roe County,Florida,in- made by the Board with tends to consider the • respect to any matter adoption of.the following ' , considered at the hear- County ordinance:-. ing,he will need a record AN ORDINANCE of the proceedings,and AMENDING SEC.2-457, that,for suche purposes, ' MONROE COUNTY thhat may rbati to ensure CODE,BY THE ADDI- thet a voeredtim rsesord of TION OFACATA- the proceedings is mincludes STROPHIC CONTIN- which record includes thee • GENCY RESERVE upontesti' o h thend evidence PARAGRAPH;AMEND- e which appeal is ' • ING SEC.2=458(6)AND to be based. -(9)(A),IN ORDER TO Copies of the above-ref- . DELETE THE EXCLU- erenced ordinances are SION OF THE MUNICI- - available for review at the PAL SERVICE(SOLID . various public libraries in ' WASTE)DISTRICT : , Monroe County,Florida. FROM THECOUNTY'S SELF-INSURED RISK , Dated at Key West,Flori- MANAGEMENT PRO- , da,this 16th day of Au- GRAM;PROVIDING. gust,1999.. .FOR SEVERABILITY; , PROVIDING FOR THE I DANNY L.KOLHAGE, REPEAL OF ALL ORD]- . Clerk-of the Circuit:Court ' NANCES INCONSIS- and ex officio Clerk of the TENT HEREWITH; Board of County Com PROVIDING FOR IN- missioners of Monroe , CORPORATION INTO , County,Florida THE MONROE COUN- TY CODE OF ORDI-- Published:8/19 8. NANCES;AND PRO- , 8/26/99 • VIDING AN EFFECTIVE ' The Reporter DATE. _ Tavernier,FL 33070 Pursuant to Section' `_- '2R8 010 Flniida ' • Continuotl.on nthe_ - . . Nnxt Qnli.m - . -'-. . NOTICE OF INTENTION TO CONSIDER ADOP TlON OF COUNTY OR DINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, September 8, 1999, at 3:00 PM at the Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe County, Florida, the Board of County Commissioners of Mon- roe County, Florida, in- tends to consider the adoption of the following County ordinance: PORTlfao FOR RECORD P.O. Box 1197. Tavernier, Florida 33A741Mt'127 PH I~. 02 (305) 852-3216 Fax: (305) 852-_~\; , ... DANNY L. KOLHAGE PROOF OF PUBLICAoliirN~m.T~.tL~. 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 NOTICE in said newspaper in the issue of: AN ORDINANCE AMENDING SEC, 2.457, MONROE COUNTY CODE. BY THE ADDI- TIONOFACATA- STROPHIC CONTIN- GENCY RESERVE PARAGRAPH; AMEND- ING SEC, 2,458(6)AND (9)(A), IN ORDER TO DELETE THE EXCLU- SION OF THE MUNICI- PAL SERVICE (SOLID WASTE) DISTRICT FROM THE COUNTY'S SELF-INSURED RISK MANAGEMENT PRO- GRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDI- NANCES INCONSIS- TENT HEREWITH; PROVIDING FOR IN- CORPORATION INTO THE MONROE COUN- TY CODE OF ORDI, NANCES; AND PRO- VIDING AN EFFECTIVE DATE, August, 19 & 26, 1999 Affiant further says that THE 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 he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and that The Reporter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. 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 hear- ing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure 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-ref- erenced ordinances are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Flori. da, this 16th day of Au. gust, 1999, (SEAL) ,. ~ Anna M Hmes .16- *JjJ *My ComlT1JSSlOIl CC715804 "'" .....'/ Expires March 31. 2002 DANNY L. KOLHAGE, C:lp.rk Of thp. Cir",.it r.nl.rt and ex officio Clerk ofthe Board of County Com missioners of Monroe County, Florida ~>~ Notary - Published: 8/19 & 8/26/99 The Reporter \~ Tavernier, FL 33070 i~