Item T03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20, 2002
Division:
District 1
Bulk Item: Yes
No
Department: Commissioner Dixie M. Spehar
AGENDA ITEM WORDING:
Approval to advertise an ordinance of the Board of the County Commissioners amending Ordinance
No. 04-2000, Monroe County Code, providing that the owner of a mobile home park required to
connect to an investor owned wastewater utility may pay the utility's connection fee in three equal
installments; 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.
ITEM BACKGROUND:
This Ordinance is to lessen the cost impact of the lateral, the hook-up and decommissioning any
existing systems.
PREVIOUS REVELANT BOCC ACTION:
The Board of County Commissioners approved Resolution No. 312-2002 providing for funding the
infrastructure for Key West Resort Utilities, dated July 31, 2002 and Resolution No. 225-2002
providing that the owner of on site sewage treatment and disposal system may pay connection fees
charged by investor-owner sewage system in monthly installments without interest over a period of
time not to exceed five years, dated May 15,2002.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval to advertise for public hearing in Marathon on December 18, 2002 at the Marathon
Government Center.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY:
County Atty ~
OMB/Purchasing _ Risk Management _
~ 77).. ~'tUJ
. (Commissioner ixie M. Spehar)
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To Follow
Not Required_
AGENDA ITEM # '7(?
DISPOSITION:
Revised 2/27/01
"NOV-06-02 08.41 FROM.MONROE COUNTY ATTY OFFICE 10.3052823516
t
PAGE
1/2
Commissioner Dixie M. Spehar
ORDr~CE NO ~2002
AN ORDINANCE,.OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 04-2000, MONROE COUNTY CODE, IN ORDER TO
PROVIDE DEFINmONS OF MOBILE HOllE AND MOBILE HOME PARK: PROVIDING lliAT
THE OWN!R OF A MOBILE HOME PARK REQUIRED TO CONNECT TO AN INVESTOR
OWNED WASTEWATER UTlUTY MAY PAY THE UTILITY'S CONNECTION FEE IN THREE
EQUAL INSTALLMENTS; 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
~ATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSION~RS OF MONROE COUNTY, FLORIDA:
Section 1.
Ordinance No. Q4.2000. see, 1, is hereby amended by the addition of the fOllowing:
Mobile home means a structure trarlsportable in one (1) or more sections which structure
(t)
is eight (8) bOdy feet (2..4 meters) or more in width and over thirty-five (35) feet in length, which structute is built on
an integral chassis and designed to be used as a dwelling when connected to the requited utilities and includes
the plumbing, heating, air conditioning and electrical systems contained therein, including expandable recreational
vehicles, known as -park models. designed and built as a permanent residence. the structure for which is thirty-
five (35) feet or less in length and in excess of eight (8) feet in Ylidth.
(9) Mobile Home park means a place set aside and offered by a person or publiC body for
either direct or indirect remuneration of the owner, lessor or operator of such place for the parking or
accommodation of six (6) or more mobile homes.
Section 2.
Ordinance No. 04-2000. Section 2, is hereby amended by the addition of the following:
(c)
In the situation where a mobile home park is required to connect to an investor owned
wastewater utility the mobile home park owner may pay the utility's connection fee in three equal installments,
For the purpose of this ordinance the phrase "mobile home owner" also indudes a condominium association if the
park is owned on a condominium basis. If the mobile home park owner e/eels to use the installment payment
method, he shall pay the installments as follows:
1. The first installment, consisting of one-third of the total utility connection fee, is due six (6)
months before the estimated availability of sewerage service date as established by the utility;
2. The second installment, consisting of one-third of the utility's total connection fee, is due
one (1) year after the first installment payment;
.NOV'~6-02 08,47 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516
PAGE
1/1
~
3. The third and final ins~ent, eonsistingof one-third of the utility's total connection fee, is
due two (2) years after the fi.rst installment payment. .
If ~ mobile hOOlf! park owner does IIOl elecX to proceed under the provisions -of this.
section and does not make the ~rst instillment payment siX (6) month$ before the estimated availability of
sewerage l;ierviof,t date, then the entire oonnection is due and payable on the date sewerage service
becomes available to owners mobile home park. If a mobile home park owner elects to utilize the
installment payment method provided by this ordinance but fails to make timely payments to the utility,
then the entire connection fee win become due and payable on the date sewerage service becomes
available to the owner's mobile home park.
Section 3.
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 4.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to
the extent of said conflict
SectIon 5.
The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the Counw 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 8.
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 flied 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
day of
.2002.
Commissioner McCoy
Commissioner Neugent
Commissioner Nelson
Commissioner Rice
Commissioner Spehar
(SEAL)
Attest DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
jdordSewageMHP
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The _ K_ 0ftIy o.IIy ~ Est. 1876
Cooke Communications, LLC
Florida Keys
Joy Thomas
Advertising Coordinator
PO Box 1800
Key VIlest FI 33041
Office......... .305-292-7777
Extension......... ........x219
Fax...... ...... .305-294-0768
jIhomas@keysnews.com
INTERNET PUBUSHING
keywest.c:om
keysnews.c:om
floridakeys.c:om
key-west.com
Web Design Services
NEWSPAPERS
The Citizen
Southemnosl Flyer
Solares Hill
Big Pine Free Press
Marathon Free Press
IsIamorada Free Press
Key LIWgO Free Press
Ocean Reef Press
Seaport Log
.....GAZINE
The Meru
Home Guide
C~izen Local's Guide
Paradise
Keys 1V ChamsI Guide
MARKETING SERVICES
Commercial Printing
Citizen Locals Card
Direct Mail
FLORIDA KEYS OFFICES
Printing I Main Facility
3420 Norlhside Drive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294{J768
citizen@keywestcom
Internet Division
1201 'Mlile Street (Suite 103)
Key West, FL
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.c:om
Middle Keys OffIce
6363 Overseas Hwy
Marathon, FL (MM 52.5)
33050-3342
Tel 305-743-8766
Fax 305-743-9977
navigalor@ftoridakeys.com
Upper keys OffIce
81549 Old H1wy
PO Box 469 \
Islamorada, Fl (MM81.5)
33036-{)469
Tel ~-2266
Fax~11
freepress@ftoridakeys.com
Ocean Reef OffIce
3A Barracuda Lane
Key Largo, FL 33037
Tel 305--"367-4911
Fax 305--"367-2191
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations of the Key
West Citizen, a daily newspaper published in Key West, in Monroe County,
Florida; that the attached copy of advertisement, being a legal notice in the
matter of rn~ ~ IiuJu
In the Court, was published in said newspaper in the
issues of ~ ~tj{ ,AO{)d. ~ rUI~-r- ~ .;)O()3
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 every
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 for
publication in the said newspaper.
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Signature of Affiant
Sworn aod subscribed before me this ~ day of ~
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NOm:! OF INTENTION TO
CONSIDER ADOPTION OF
COlJNTY 01\PlNANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday,. January -15, 2003, at
4:00 PM at the Harvey Govemment
Center - Truman School, 1200 Tru-
man Avenue, Key West, Monroe-
County, Florida, the Board of County
Commissioners of Monroe County,
Florida, intends to consider, the
adoption of the following County or-
dinance:
AN OflDINANCE OF .THE BOARD
OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 04-
2000, MONROE COUNTY CODE,
IN ORDER TO PROVIDE DEFINI.
TIOIII8 OF IIDIIU!ltOIINtD
I MOIILI HOllE ,AtIK; ......
ING_TtHE ~ Of: A M0-
lLE HOIII! PARK AlQtIRID TO
CONNICT 10 AttINYllSTOR
OWNED WAl1'IWA.... VTIUTY
r.tAY PAY THE UTILITY'S CON- -
NECTION FEE IN THR!:E EQUAL
INSTALLMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINAN-
CES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORA-
nON INTO THE MONROE COUN-
TY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE
Pursuant to Section 286.0105, Flori-
da Statutes, notice is given that if a
person deciqad to appeal any deci-
sion made by th,e Board with respect
to any matter considered at such
hearings or meetings, 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 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, Florida, this 23rd
day of December, 2002.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex officio Clerk of
the. Board of County Commissioners
of Monroe County, Florida
Dec, 29, 2002. & Jan. 8, 2003
~7
~ . KEY13'WEST
'l~ITIZEN
JJIe __ K"YS Only Dally I'h..._. Est. 1878
Cooke Communications, LLC
Florida Keys
Joy Thomas
Advertising Coordinator
PO Box 1800
Key West F133041
Office...... ... .305-292-7m
Extension... ... ... ... .... .x219
Fax......... ....305-294-0768
jthomaS@keysnews.com
INTERNET PUBLISHING
keywestcom
~s.com
ftoridakeys.com
key-wesl.com
Web Design Services
NEWSPAPERS
The Citizen
SouIhemmosl Flyer
Solares Hill
Big Pine Free Press
Ma-athoo Free Press
IsIamorada Free Press
Key Largo Free Press
Ocean Reef Press
See"o,U:og- ... --------
MAGAZINE
The Menu
Home Guide
Citizen Local's Guide
Paradise
Keys lV Charnel Guide
MARKETING SERVICES
Commercial Printing
Citizen Locals Card
Direct Mail
FLORIDA KEYS OFFICES
Prtntlng , Main Facility
3420 Northside Drive
Key West, FL
33040-1800
Tel "JIJ5-292-7777
Fax "JIJ5-294-0768
citizen@keywest.com
Internet Division
12011Mlile Street (Su~e 103)
Key Wes~ FL
33040-3328
Tel 305-292-1880
Fax "JIJ5-294-1699
sales@keywest.com
Middle Keys Office
6363 Overseas Hwy
Ma-athoo, FL (MM 52.5)
33050-3342
Tel 305-743-8766
Fax 305-743-9977
navigator@floridakeys.com
Upper Keys Office
81549 Old Hwy
PO Box 469
IsIamorada, FL (MM81.5)
33036-0469
Tel ~2266
Fax 305-664-M 11
freepress@floridakeys.com
Ocean Reef OffIce
3A Barracuda Lane
Key Largo. FL 33037
Tel 305-367-4911
Fax 305-367-2191
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned auth.ority personally appeared Randy G. Ericks.on, who
on oath says that he is Vice-President .of Advertising Operations of the Key
West Citizen, a daily newspaper published in Key West, in Monr.oe County,
FI.orida; that the attached C.oPy of advertisement, being a legal notice in the
matter of ~ d..l/u..(>A...UJ . 7Y) ~ "JI. ~ ~J~)
In the
issues .of
Court, was published in said newspaper in the
~.1u).J ~I .;;lOOal
.
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said M.onroe County, FI.orida and that the said newspaper has
heretoforebeen.continuousl}'-Puhlished in..saidMonroe COlmty, Fl.orida.e:very__
and has been entered as second-class mail matter at the post .office in Key West,
in said Monroe C.ounty, Florida, f.or a peri.od of 1 year next preceding the first
publication of the attached copy of advertisement; and affiant further says that
he has neither paid n.or promised any pers.on, firm .or c.orp.orati.on any disco;LWt,
rebate, commissi.on .or refund for the purpose of securing this advertise~ent~r
publicati.on in the said newspaper. 'S~. t...-
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Sw.orn and subscribed before me this 3D day of ~~
~=PubliC
Expires: July 23, 2004
Notary Seal
Personally Known x Produced Identification
Type of Identificati.on Produced
NOTICE OF INTENTION .TO
~oNsIDIR ADOPTION OF
COUNTY ORDINANCE.
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, January 15, 2003, at
4:00 PM at thE:! Harvey Government
Center -. TrYfl1an SChQol, 12QQ: TWr.I
man Av~rwe, Key W~~t, I tylonroe,..
County, Florida, the Board 01 County
Commissioners 01 Monroe County,
Florida, intends to consider the.
adoption 01 .the lollowing County or-
dinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 04-
2000, MONROE COUNTY CODE,
IN ORDER TO PROVIDE DEFINI-
TIONS OF MOBilE HOME AND
MOBilE HOME PARK; PROVID-
INGTHAT THE OWNER. OF A MO-
BilE HOME PARK REQUIRED TO
CONNECT TO AN INVESTOR
OWNED WASTEWATER UTILITY
MAY PAY.THE UTILITY'S CON-
NECTION FEE IN THREE EQUAL
INSTAllMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR
THE REPEAL OF All ORD~NAN.
CES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORA-
TION INTO THE MONROE COUN-
TY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE
Pursuant to Section 286.0105, Flori-
da Statutes, notice is given that il a
person decided to appeal any deci-
sion made by the Board with respect
to any matter considered at such
hearings or meetings, he will need a
record 01 the proceedings, and that,
lor such purpose, he may need to
ensure that a verbatim record 01 the
proceedings is made, which record
includes the testimony and evidenge
upon which the appeal is to be
based.
Copies 01 the above-relerenCe<:l ordi-
nance are available lor review at the
various public libraries in Monroe
County, Florida.
Dated at Key West, Florida, this 23rd
day 01 December, 2002.
DANNY L. KOLHAGE, Clerk 01 the
Circuit Court and ex officio Clerk 01
the Board of-GouRty Commissioners
of Monroe County, Florida
Dec. 29, 2002 & Jan. 8,2003