Ordinance 017-2003
ORDINANCE NO. 017 - 2003
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, DECLARING THAT AN EMERGENCY
EXISTS AND WAIVING NOTICE BY A FOUR-FIFTH'S VOTE; AMENDING
ORDINANCE NO. 035- 2002 IN ORDER TO CORRECT A SCRIVENER'S
ERROR IN THE LEGAL DESCRIPTION OF THE BOUNDARIES OF THE
CITY OF MARATHON MUNICIPAL SERVICE TAXING UNIT; 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.
WHEREAS, on December 18, 2002, the Monroe County Board of County Commissioners
(Board), at the request of the Florida Keys Aqueduct Authority (FKAA), created the City of Marathon
Municipal Service Taxing Unit for the purposes of levying an ad valorem tax not to exceed 0.77 mils
to fund the FKAA's planning and administrative costs incurred in preparing for the construction of
central wastewater collection and treatment services within the Taxing Unit;
WHEREAS, the Property Appraiser in preparing to certify to the Board the assessed value of
taxable real and tangible property located within the Taxing Unit noted a scrivener's error in the
legal description of the Taxing Units' boundaries;
WHEREAS, the Property Appraiser cannot proceed with the assessed value certification and,
hence, the Board cannot levy an ad valorem tax within the Taxing Unit in fiscal year 2003-2004,
unless the error is corrected before May 15, 2003;
WHEREAS, time is now of the essence in correcting the scrivener's error; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1. An emergency is hereby declared and notice waived by a four-fifths
vote.
Section 2, The scrivener's error in the legal description of the boundaries of
the Taxing Unit is hereby corrected as follows:
All of the incorporated municipal limits of the City of Marathon, Florida. Extending from the
east end of the 7-Mile Bridge through Grassy Key and generally bounded on the west by
Knight Key Channel, on the east by Tom's Harbor Channel, on the north by Florida Bay,
and on the south by the Atlantic Ocean (approximate Mile Marker 47 to Mile Marker 60);
LESS AND EXCEPT, Little Venice Wastewater District Service Area which includes the area
described in Florida Keys Aqueduct Authority Resolution No, 02-22 and described therein as
bounded by US Highway 1 on the northwest and by the Atlantic Ocean on the southeast
from Vaca Cut to 95th Street along the western side of the Marathon Airport (for purposes
of clarification, the Little Venice Wastewater District Service Area includes the areas as
described bounded by US Highway 1 on the northwest and by the Atlantic Ocean on the
southeast from Vaca Cut to the western boundary of Buttonwood Acres Subdivision
according to Plat Book 04, at Page 160, Public Records Monroe County, Florida, and
includes all parcels abutting 95th Street); and also
LESS AND EXCEPT, beginning at the point of intersection of the north right-of-way line of
US Highway One with the southeast corner of the Marathon Airport, then commencing
northerly along the easterly border of the Marathon Airport to the intersection of the south
right-of-way line of 6th Avenue (Airport Boulevard), then commencing northerly to the
intersection of the north right-of-way line of 6th Avenue (Airport Boulevard) and the
southwest corner of the plat of Stirrup Key Bight (as recorded in Plat Book 3, at Page 168
of the Public Records of Monroe County, Florida), then continuing northerly along the west
line of the plat of Stirrup Key Bight to the shoreline of Florida Bay, then easterly following
the shoreline of Florida Bay to the intersection of the east right-of-way line of 113th Street
(Margaret Avenue) to the intersection of 1st Street (Chester Street), then westerly along
1st Street (Chester Street) to the intersection of Key Colony Drive, then southerly along
Key Colony Drive to the intersection of the north right-of-way line of US Highway One, then
continuing westerly along the north right-of-way line of US Highway One to the intersection
of the west right-of-way line of 107th Street (Industrial Avenue), then continuing westerly
along the north right-of-way line of US Highway One a distance of approximately 60 feet to
the point of beginning herein described (sometimes referred to as the "Little Venice
Expanded Service Area"),
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 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 6. This ordinance shall take effect when a certified copy of this ordinance has
been accepted by the postal authorities of the united states for special delivery by registered mail to
the Secretary of State of the State of Florida in accordance with the provisions of Florida Statute
125.66(3).
Mayor Spehar
,~,,'{'L' . ~ Pro Tem Nelson
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the 12th day of May, 2003. 3.: ~""Tl
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BOARD OF COUNTY COMMISSI~E~ r ~
OF MONROE COUNTY, FLORIDA \.C CJ
yes
ves
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By
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Mayor/Chairperson
jordMSTUCOMA
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATIiON SUB COURTIiOUSE
3117 OVERSEAS HIGHWAY
MARATIiON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTIiOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292--3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852--7145
FAX (305) 852--7146
May 14, 2003
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 8016
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 016-2003 declaring that an emergency exists and waiving notice by a
four-fifth's vote; amending Ordinance No. 038-2002 in order to correct a scrivener's error in the
legal description f the boundaries of the Big Coppitt Municipal Service Taxing Unit and
correcting the millage rate from 0.78 to 0.70; providing for severability; providingfor the repeal
of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County
Code of Ordinances; and providing an effective date.
Ordinance No. 017-2003 declaring that an emergency exists and waiving notice by a
four-fifth's vote; amending Ordinance No. 035-2002 in order to correct a scrivener's error in the
legal description of the boundaries of the City of Marathon Municipal Service Taxing Unit;
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.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Special Meeting in formal session on May 12, 2003. Please file for record.
Ordinance Nos. 016-2003 & 017-2003
May 14,2003
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by C~~
Pamela G. Hancock, D. C.
cc: Municipal Code Via Certified Mail 700220300001 26688023
County Administrator w/o documents
Property Appraiser
County Attorney
BOCC
FKAA
OMB
File
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of CotpOrations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Infonnation Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF ELECTIONS
RINGLING MUSEUM OF ART
May 19, 2003
Honorable Danny L. Ko1hage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated May 14, 2003 and certified copies of Monroe County
Ordinance Nos. 016-2003 and 017-2003, which were filed in this office on
May 16, 2003.
Sincerely,
~~(H<:-
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building . 107 West Gaines Street . Tallahassee, Florida 32399-0250 . (850) 245-6270
FAX: (850) 245-6282 . WWW Address: http://www.dos.state.tl.us . E-Mail: election@mail.dos.statefl.us
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Email Confirmation
Mun-
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Municipal Code Corporation
LnfQ@mo il.mlJnicQd~,<:om
P.O. Box 2235
Tallahassee, FL 32316-2235
Monroe County,FL Code of Ordinances - 1979(11270)
Supplement 80
Recorded: 5/19/20039:01:28 AM
We have received the following material through Hard Copy.
This is our new acknowledgement format. You will no longer be receiving post cards for
ordinances received. If you have any questions please contact us at the phone number or
email address listed below.
Thank you for your assistance and cooperation.
Document Adoption Description
Ordinance No. 5/12/2003 Amending ORD No. 038-2002 In order to correct a scrivener's error on
016-2003 the legal description of the boundaries of the Big Coppitt Municipal
service taxing unit.
Ordinance No. 5/12/2003 Amending Ord. No. 035-2002 In order to correct a Schrivener's error in
017-2003 the legal description of the boundaries of the city of Marathon Municipal
Service Taxing Unit.
Tired of receiving your acknowledgements by mail?
Send us your email address at lnfo@m(]jl.mum~Qde.cQm.
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STATE OF FLORIDA
DEPARTMENT OF STATE
JEB BUSH
Governor
GLENDA E. HOOD
Secretary of State
June 24, 2003
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated June 17, 2003 and certified copy of Monroe County
Ordinance No. 017-2003, which was filed in this office on June 19,2003.
Sincerely,
~~~
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE . DIVISION OF ELECTIONS
The Collins Building, Room L43 . 107 W. Gaines Street. Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 . Facsimile: (850) 245-6282 . WWW: http://www.dos.state.fl.us
E-Mail: DivElections@JnaiLdos.state.jl.us
,
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SENDER:COMPLETE THIS SECTION PLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. signa' 'PP ., E PENTON
item 4 if Restricted Delivery is desired. XDEPARTTMENT OF STi`1
• Print your name and address on the reverse gent
so that we can return the card to you. Addressee
• Attach this card to the back of the mailpiece, B. Received by(Printed Name)` imiC.pale 7tio ery
or on the front if space permits. }"r 11 t V LlJ J
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
If YES,enter delivery address below: ❑ No
. Department of State '
Bureau of Administrative Code
The Collins Building
. 107 West Gaines Street,' Suite L43
Tallahassee, Florida 32399-0250 3. Service Type
MrI7Certified Mail ❑Express Mail
(Ord. 016 & 017-2003) 0 Registered . ❑Return Receipt for Merchandise
❑Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
•
(Transfer from service label) 7002 2030 0001 2668 8 016
PS Form 3811,August 2001 Domestic Return Receipt
102595-02-M-1540
U.S.-Postal ServiceTt.
; . ,CERTIFIED MAILRECEIP�
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PS Form 3800,June 2002 See Reverse for Instructions
SENDER: COMPLETE THIS SECTION •MPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete Sign. ure
item 4 if Restricted Delivery is desired. 11 Agent
■ Print your name and address on the reverse kX 4/ / J, ❑Addressee
so that we can return the card to you. ived by(Printed N. f) Da a.f Delivery
a Attach this card to the back of the mailpiece, .'/ % , • (
or on the front if space permits. J*
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
Municipai Code Corporation
P. O. Box 2235
Tallahassee, FL 32316-2235
3. Service Type
ertified Mail ❑ Express Mail
(Ord. 016 & 017-2003) ❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfel-fromsetii. latiel) 7002 2f 0 i 0001 2668 8f 23
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
• U.S. Postal ServiceTM
m __ CERTIFIED MAILTM RECEIF.
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For delivery information visit our website at wwW.usps.cortt®
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PS Form 3800.June 2002 See Reverse for Instructions