Ordinance 034-2013ORDINANCE NO. 034 -2013
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
21 -71 OF THE MONROE COUNTY CODE; EXTENDING
THE ALLOWABLE TERM OF SOLID WASTE
COLLECTION AGREEMENTS FROM FIVE YEARS TO
TEN YEARS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on August 21, 2013, the Board of County Commissioners was briefed at its
regular meeting on the various Monroe County solid waste contracts; and
WHEREAS, The BOCC was advised that the current industry standard is for long -term solid
waste agreements; and
WHEREAS, Monroe County Code Section 21 -71(c) currently limits collection agreements
to a term of five years; and
WHEREAS, in proceeding with future solid waste collection agreements, by negotiation or
solicitation, the BOCC wishes to have the option to enter into a long -term agreement on the
various franchise collection agreements; and
WHEREAS, the BOCC directed staff to amend the Monroe County Code Section 21 -71(c)
to allow for a ten year term on franchise collection agreements;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 21 -71(c) shall be amended to read as follows:
(c) The board may award as many collection agreements as are necessary to provide,
in the board's sole determination, effective and efficient solid waste collection
services. Each collection agreement shall not exceed a term of ten years and
shall contain the following:
(1) The name and address of the person who will provide the collection
services;
(2) A description of the service area within which the person will provide
such collection services;
1
(3) A description of the services to be provided within the service area;
(4) The length of the agreement;
(5) All standards, regulations or restrictions that shall govern the collection
services within the service area; and
(6) The amount and method of payment to be provided for the performance of
services under the collection agreement.
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held
invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 4: INCLUSION IN CODE OF ORDINANCES. 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: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of state and shall be effective as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17 th day of Sept. , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
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BOARD OF COUNTY COMMISSIONERS o
OF MONROE COUNTY, FLORIDA
By �C• �.ek.
Mayor /Chairperson
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
CHRISTINE M. LIMBERT- BARROWS
ASSISTA COUNTY ATTORNEY
Date { �il�
Ad#652190
THE REPORTER NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
P.O. Box 1197,Tavernier, Fl 33070 COUNTY ORDINANCE
92655 Overseas Hwy,Tavernier Fl 33070 NOTICE IS HEREBY GIVEN
Phone 305- 852-3216, Fax 305- 852-0199 TO WHOM IT MAY CON-
CERN that on September 17,
2013 at 3:00 P.M.,or as soon
PROOF OF PUBLICATION thereafter as may be heard, RECEIVED
at the Marathon Government
Center,2798 Overseas 9
Highway,Mile Marker 50, OCT 11 '2013
STATE OF FLORIDA Marathon,Monroe County,
COUNTY OF MONROE CommissioneBrsoffMonroen� MONROE COUNTY ATTORN_County, E'
Before the undersigned authority personally appeared Florida,intends to
consider the adoption of the
WAYNE MARKHAM who on oath, says that he is following County ordinance:
PUBLISHER of the THE REPORTER, a weekly
newspaper published in Tavernier, in Monroe AN ORDINANCE OF THE
MONROE COUNTY BOARD
County, Florida: that the attached copy of OF COUNTY COMMISSION- 1
advertisement was published in said newspaper in the ERS AMENDING SECTION
21-71 OF THE MONROE
issues of: (date(s) of publication) COUNTY CODE;EXTENDING
ZP %L�� *A THESO ALLOWABLE TERM OF
n17 /` �O/3 AGREEMENTSGD WASTE CFROM CTION
FIVE
/�{J �/ FROM FIVE
YEARS TO TEN YEARS;
PROVIDING FOR
SEVERABILITY;PROVIDING
FOR REPEAL OF ALL ORDI-
NANCES INCONSISTENT
Affiant further says that the said THE REPORTER is HEREWITH;PROVIDING
a newspaper published at Tavernier, in said Monroe FOR INCORPORATIONINTO
THE MONROE COUNTY
County, Florida, and that the said newspaper has CODE OF ORDINANCES;
heretofore been continuously published in said AND PROVIDING FOR AN
Monroe County, Florida, each week (on Friday) and EFFECTIVE DATE.
has been entered as a second class mail matter at the Pursuant to Section 286.0105,
post office in Tavernier, in Monroe County, Florida, Florida Statutes,notice is
ty� given that if a person decides
for a period of one year next preceding the first to appeal any decision made
publication of the attached copy of advertisement. by the Board with respect to
The affiant further says that he has neitherpaid nor any matter meetings,
het such
y hearings or meetings, will
promised any person, firm, or corporation any need a record of the proceed-
discount, rebate, commission or refund for the and that,feed such pur-
discount, pose, he may need to ensure
purpose of securing this advertisement for that a verbatim record of the
publication in the said newspaper(s) and that The proceedings is made,which
record includes the testimony
THE REPORTER is in full compliance with Chapter and evidence upon which the
50 of the Florida State Statutes on Legal and Official appeal is to be based.
Advertisements. ADA ASSISTANCE:If you
are a person with a disability
who needs special accom-
modations in order to partici-
pate in this proceeding,
Wa ne Mar m ltsher please contact the County
Administrator's Office,by
phoning(305)292-4441,
between the hours of 8:30
a.m.-5:00 p.m.,no later than
Sworn to and subscribe before me five(5)calendar days prior
this 4 Day of Z,P/fyjYi(/ ,2013 to the scheduled meeting;if
you are hearing or voice
(SEAL) impaired,call"711".
Dated Keya West,Florida,
5.‘a6li
7 this 26that day of August,2013.
/// AMY HEAVILIN,Clerk of the
Notary Circuit Court and ex officio ('1f '
Clerk of the Board of County • I
Commissioners of Monroe
County, Florida ^^��//��
: �".Py '
BEVERLY TRAEGER Published September 6,2013 Oi�p �y Or�1-3
:,: ,.� ,.: MY COMMISSION#DO 969749 The Reporter
I
....-.: EXPIRES:April 18,2014 Tavernier, FL 33070 ��� gli��3
.7,71,7 n' Bonded Thai Notary Public Underwriters
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or�o�1 fo VI-1101 ® &&05 ergice,
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— .—FLORIDA KEYS Ad#652132
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
Published Twice Weekly NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON- RECEIVED
Marathon, Monroe County, Florida CERN that on September 17,
2013 at 3:00 P.M.,or as soon
thereffter as may be heard, OCT . 1 1 2013
PROOF OF PUBLICATION at the Marathon Government Uf,Center,2798 Overseas
Highway,Mile Marker 50,
Marathon,Monroe County, MONROE COUNTY ATTOMNEY
STATE OF FLORIDA Florida, the Board of County
Commissioners of Monroe
COUNTY OF MONROE County,Florida, intends to
Before the undersigned authority person- consider the adoption of thefollowing County ordinance:
ally appeared WAYNE MARKHAM who on
oath, says that he is PUBLISHER of the AN ORDINANCE OF THE
Y MONROE COUNTY BOARD
FLORIDA KEYS KEYNOTER, a twice OF COUNTY COMMISSION-
ERSweeklynewspaper in Marathon, OF THE
MGONROE
SECTION
published21-71 OF THE MONROE
in Monroe County, Florida: that the COUNTY CODE; EXTENDING
THE ALLOWABLE TERM OF
attached copy of advertisement was SOLID WASTE COLLECTION
published in said newspaper in the issues AGREEMENTS FROM FIVE
YEARS TO TEN YEARS;
of: (date(s) of publication) PROVIDING FOR
jezit/ v&(/ 7 �O/� FOR REPEAL O PROVIDING
FOR REPEAL OF ALL ORDI-
NANCES INCONSISTENT
HEREWITH;PROVIDING
FOR INCORPORATION INTO
THE MONROE COUNTY
CODE OF ORDINANCES;
AND PROVIDING FOR AN
Affiant further says that the said FLORIDA EFFECTIVE DATE.
KEYS KEYNOTER is a newspaper published Pursuant to Section 286.0105,
at Marathon, in said Monroe County, Florida Statutes, notice is
Florida, and that the said newspaper has given that if a person decides
theretofore been continuouslypublished in b the Bappe anywith
decisione made
by the Board with respect to
said Monroe County, Florida, twice each any matter considered at such
hearings or meetings,hawill
week (on Wednesday and Saturday) and need a record of the proceed-
has been entered as a second class mail ings,and that,for such pur-
pose, he may need to ensure
matter at the post office in Marathon, in that a verbatim record of the
Monroe County, Florida, for a period of proceedings is made,which
record includes the testimony
one year next preceding the first and evidence upon which the
publication of the attached copy of appeal is to be based.
advertisement. The affiant further says
' ADA ASSISTANCE: If you
that he has neither paid nor promised any area person with a disability
person, firm, or corporation any discount, who needs special accom-
modations in order to partici-
rebate, commission or refund for the pate in this proceeding,
purpose of securing this advertisement for please contact the County
Administrator's Office,by
publication in the said newspaper(s) and phoning(305)292-4441,
that The Florida Keys Keynoter is in full between the hours of 8:30
a.m.-5:00 p.m.,no later than
compliance with Chapter 50 of the Florida five(5)calendar days prior
State Statutes on Legal and Official to the scheduled meeting;if
you are hearing or voice
Advertisements. impaired,call"711".
Dated at Key West, Florida,
4)27
this 26th day of August,2013.
�/� AMY HEAVILIN,Clerk of the -�Swor td ribed before me Circuit Court and ex officio }�j( Fi I)N) (A) '144. .this of�r'tilY1��A ' 2013 Clerk of the Board of County I ,
Y `'V Commissioners of Monroe
(SEAL) County, Florida n
Published September 7,2013 v �� �v�
ikry{f�'C/1b Florida Keys Keynoter &cc 9 1`'/13
Notary Vft1'C1
C� M CP�J
for, BEVERLY TRAEGER 0 r ( !r(� �
' MY COMMISSION#DD 969749 1 11
?a•.�,:a;= EXPIRES:April 18 2014
% 8"• •' Bonded Thru Notary Public Underwriters y f ci
vedikt-
di:- Itl
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
. COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on September 17,2013 at 3:00
P.M.,or as soon thereafter as STATE OF FLORI DA
may be heard,at the Marathon EN
Government Highway,
98 COUNTY OF MONROE
Overseas Highway,Mile Marker Est.1876
50,Marathon,Monroe County, LC
Florida,the Board of County
Commissioners of Monroe Before the undersigned authority personally appeared Tommy Todd, who on
County,
Florida,intends to consider the oath says that he is Advertising Director of the Key West Citizen, a daily
adoption of the following County newspaper published in Key West, in Monroe County, Florida; that the
ordinance:
attached copy of advertisement,being a legal notice in the matter of
AN ORDINANCE OF THE
MONROECOUNTY BOARDA) a-'C e e/vl UN Q T n U + � "Ar&
COUNTY COMMISSIONETONERSS o l•lL
AMENDING SECTION 21-71 OF 1
THE MONROE COUNTY CODE; 1 L EXTENDING THE ALLOWABLE Cl( '�/V V �/� CoII c-i Un) Prj (eCM e TU I bri911,5
TERM OF SOLID WASTE ^`/7
COLLECTION
AGREEMENTS FROM FIVE
YEARS TO TEN YEARS; was published in said newspaper in the issue(s) of
PROVIDING FOR `
SEVERABILITY;PROVIDING ei / Z-(//1 I
FOR REPEAL OF ALL •IF`l-Qn',,' ( ,,
ORDINANCES INCONSISTENT
HEREWITH;PROVIDING FOR
INCORPORATION INTO THE Affiant further says that the Key West Citizen is a newspaper published in
MONROEORDINANCES;COUNTY CODE OF KeyWest, in said Monroe County, Florida and that the said newspaper has
AND ��
PROVIDING heretofore been continuously published in said Monroe County, Florida every
FOR AN EFFECTIVE DATE. day, and has been entered as second-class mail matter at the post office in Key
Pursuant to Section 286.0105, West, in said Monroe County, Florida, for a period of 1 year next preceding
Florida Statutes,notice is given
that if a person decides to appeal the first publication of the attache dvertisement• t further
any decision made by the Board says that he has neither paid r promised any er , irm or corpora "on any
with respect to any matter
considered at such hearings or discount, rebate, commi ion or refund t e purpose of securi g this
meetings,he will need a record of advertisement forpubli tion in the a er.
the proceedings,and that,for saiewspa
such
purpose,he may need to ensure
that a verbatim record of the
proceedings is made,which •
record
includes the testimony and Signature of Affiant
evidence upon which the appeal
is
to be based.
ADA ASSISTANCE:If you are a Sworn and subscribed before me this C day of Ser)/C-Al L2O13
person with a disability who y
needs
special accommodations in order • DAWN KAWZINSKY
to participate in this proceeding, Notary Public: ' NOTARY PUBLIC
please contact the County
Administrator's Office,by phoning _ f STATE OF FLORIDA
(305)292-4441,between the 11�,7 ?Comm#EE157233
hours of 8:30 a.m.-5:00 p.m.,no ` 4�NCE 1900 Expires 1/4/2016
later than five(5)calendar days l
prior to the scheduled meeting;if
you are hearing or voice
impaired, Dawn Kawzinsky
call"711°. Expires: 1/4/16 Notary Seal
Dated at Key West, Florida,this
23rd day of August,2013.
AMY HEAVILIN,Clerk of the
Circuit Court and ex officio Clerk Personally Known x Produced Identification
of
the Board of County Type of Identification Produced
Commissioners of Monroe
County,
Florida
September 6,2013
Key West Citizen �, I I'\/� n tC Y i O IC- C I k S C4 R
FLORIDA DEPARTMENT Of STATE
RICK SCOTT
Governor
October 11, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Vitia Fernandez, Deputy Clerk
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 034 -2013, which was filed in this office on October 11,
2013.
Sincerely,
Liz Cloud
Program Administrator
LC /elr
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.tl.us