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Item M9 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Auggst 20, 2014-KL Division: County Attorney Bulk Item: Yes X No Staff Contact Person/Phone#: Christine Limbert-Barrows 292-3470 AGENDA ITEM WORDING: Approval to advertise a public hearing to consider an ordinance of the Board of County Commissioners creating Section 22-127., Chapter 22. Special Districts in the Monroe County Code readopting Ordinance 005-1992 (creating the Duck Key Security District), as amended by Ordinance No. 012-1994 and Ordinance No. 041-1994, amending Section 5. of Ordinance 005- 1992; providing for term limits of advisory board members, providing for meeting frequency and attendance requirements and providing for codification in the Monroe County Code. ITEM BACKGROUND: The Duck Key Security District Advisory Board (DKSDAB) has made recommendations regarding tern limits for advisory board members, and meeting frequency and attendance requirements for advisory board members. This ordinance adopts those recommendations and also re-adopts the provisions in Ordinance No. 005-1992, as amended by Ordinance No. 012-1994 and Ordinance No. 041-1994 which were inadvertently omitted from Ordinance No 001-2009 which adopted and enacted the new code of ordinances re-codifying existing County Code. It was discovered, however, that Ordinance No. 005-1992, Ordinance No. 012-1994 and Ordinance No. 041-1994 were inadvertently never codified in the Monroe County Code. In that these ordinances were not specifically cited in Ordinance No. 001-2009, adoption of this ordinance will provide for codification of these ordinances in Chapter 22. Special Districts of the Monroe County Code. PREVIOUS RELEVANT BOCC ACTION: Ordinance 005-1992 enacted by BOCC February 6, 1992 Ordinance No. 012-1994 enacted by BOCC June 16, 1994 Ordinance No. 041-1994 enacted by the BOCC December 14, 1994 Ordinance No. 001-2009 enacted by the BOCC January 28, 2009. CONTRACT/AGREEMENT CHANGES: Not applicable STAFF RECOMMENDATIONS: Approval to advertise a hearing as requested. TOTAL COST: Adv. Costs INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# M-9 REVISED BACK-UP: Revised AIS/Draft Ordinance— Revised 7/09 adding Ordinance No. 041-1994 Commissioner Rice ORDINANCE - 2014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA CREATING SECTION 22-127. CHAPTER 22. STECiAL DISTRICTS, OF THE MONROE COUNTY CODE RE-ADOPTING ORDINANCE NO. 005-1992 (THE DUCK KEY SECURITY DISTRICT ORDINANCE) AS AMENDED BY ORDINANCE NO. 012-1994 AND ORDINANCE NO. 041-1994; AMENDING SECTION 5. OF ORDINANCE NO. 005-1992 TO PROVIDE TERM LIMITS FOR ADVISORY BOARD MEMBERS, FREQUENCY OF MEETINGS AND ATTENDANCE REQUIREMENTS; 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 February 6, 1992 the Board of County Commissioners (BOCC) enacted Ordinance No. 005-1992 , which created the Duck Key Security District and established the Duck Key Security Advisory Board(DKSAB); and WHEREAS, on June 16, 1994, the BOCC enacted Ordinance No. 012-1994, which amended Section 8 of Ordinance No. 005-1992 in order to remove the sunset provision and provide that Duck Key Security District may be abolished by a referendum approved by a majority vote of the District electors in years with a primary election; and WHEREAS, on December 14, 1994, the BOCC enacted Ordinance No. 041-1994 which amended Section 6. of Ordinance No. 005-1992 providing that only one residential assessment may be made under certain conditions when one residence occupies a multiple lot site; and WHEREAS, Ordinance No. 001-2009, which adopted and enacted a new code of ordinances to re-codify existing County Code, did not include Ordinance No. 005-1992, Ordinance No. 012-1994 and Ordinance No. 041-1994 as they inadvertently were not previously codified in the Monroe County Code; and WHEREAS, the Duck Key Security District was created under the statutory authority of F.S. 125.01(q)and is otherwise still in effect; and WHEREAS, since Ordinance No. 005-1992, as amended by Ordinance No. 012-1994 and Ordinance No. 041-1994, should be re-adopted and codified in the Monroe County Code; and Page 1 of 5 WHEREAS, The DKSAB has made recommendations that set forth term limits, frequency of meetings, and attendance of meetings relating to the DKSAB; and WHEREAS, changes to the conditions, qualifications, or terms of the DKSAB members should be adopted by ordinance by the BOCC and codified in the Monroe County Code; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: Section 22-127 of Chapter 22 Special Districts shall be created to re-adapt Ordinance No. 005-1992, as amended by Ordinance 012-1994 and Ordinance No. 041-1994, and as amended herein to read as follows: Section 22-127. Duck Key Security District created. (1) DISTRICT CREATED. A Security District is hereby created Dursuant to Florida Statutes 125.01 1 which encompasses Center Island Plantation Island Harbour Island and Yacht Club Island of Duck Key Subdivision according to the resubdivision thereof as recorded in Plat Book 4 Pa es 7 8 9 10 11 and 12 of the Public Records of Monroe QLqptL Florida, but excluding Section 1 also known as Indies Island of that resubdivision. More particularly described as a portion of Section 16 and 20 21 Township 65S R34E Monroe CojmM Florida. (2) NAME OF DISTRICT. The name of the District shall be known as the DUCK KEY SECURITY DISTRICT hereinafter the District. (3) PURPOSE OF DISTRICT. The District shall be established for the sole and restricted p=ose of providing security services for the District. (4) DESIGNATION OF THE GOVERNMENT BODY. The Coup Commission of the Cgiga of Monroe CoIMM Florida is hereby deli aced as the District Governing Body. The chairman of the district goveming body shall be the Ma or of Monroe CgO . (5) ESTABLISHMENT OF ADVISORY BOARD. An Advisory_Board is hereby established for the Duck Key Security District The Advisory Board shall be composed of seven members who shall be owners of real property located in the district or residents thereof. The members of the advisory Board shall be appointed by the Governing Body. The Monroe County Sheriff's Office shall a oint one ex-officio member to the Advis9Z Board. The Advisory Board shall perform such duties as mgy be rescribed by the Governing Body and this Ordinance and shall submit within the time period s ecified by the Governing body or this Ordinance as applicable a report on the District's proposed activities and a ro osed budget to accom fish the District's ob'ectives. In formulating a plan for law enforcement services the AdvisoKy Board shall consult with the a ro riate staff of the Coun Page 2 of 5 of Monroe or the Sheriff of Monroe CoggM to assist in the pLeparation of the District's plan for such services. All meeting of the Advisory Board shall be open to the public. The Advisory Board members shall be appointed for staggered terms of three ygars. The initial Mointment shall be three members for a one year term, two members for a two year term and two members for a three year term. Vacancies shall be filled for the unexpired portion of a term in the same manner as the initial appointment is made. Each member shall hold office until his successor is appointed and qualified unless the member ceases to be qualified or is removed from office. All members shall serve-at-the pleasure of the Board of County Commissioners, except for the ex-officio member appointed by the Sheriff. Upon appointment and qualification each year the members shall organize by electing from their membership a chairman and a secretary. The Advisory Board shall recommend, with the approval of a majority of a quorum of the property owners, whether in person, by proxy, or by absentee ballot, and the Board of County Commissioners may approve, the actions of the Duck Key Security District. The powers of the Board of County Commissioners shall include but not be limited to: a. Enter into contracts and agreements; b. Have exclusive control of funds legally available to it, subject to limitations imposed by law or by this Ordinance or by any a Bement validly entered into by it c. Cooperate and contract with other governmental agencies or other public bodies; d. Contract with the cooly or Rnvate agencies for increased levels of law enforcement protection,including additional personnel, e. Make and collect non ad valorem assessments to finance the law enforcement services authorized in this section: f. Exercise all lawful Rowers incidental to the effective and expedient exercise of the forgoing powers. Twm of office and term limits: The term of Advisory Board members shall be for 3 ve r . Members shall be limited to serve three(3) consecutive terms The three(3) YPar term limit shall e nrosnectively applied from the effective date of this Ordinance Advisory Board Meetings: Meetings shall be held every other month on the first Tuesday of that month at 8:00 a.m. Attendance: All members of the Duck Key Security Advisory Board shall attend two-thirds (213) of all meetinas of the Board, If-a-B-oard-member is unable to bc-wesent for at least twQ--dur& 2/3) of the Board-meetings in any given Year, they will be asked to submit their resignation to the Bond for consideration to accept or not accent their resignation. (6) ASSESSMENTS. The Advisory Board shall prepare to the Governing Bodya proposed budget for the Duck Key Securijy District within ninpV da s of the date of the passne of this ordinance. The Governin Body can accept, reject or modify the proposed budget. Upon the acceptance of the initial proposed budget, the Governing Body shall authorize a referendum in the District to be held at the next available primarygeneral election to approve the collection of non ad valorem assessments as provided by Sec. 197.3632, Fla. Stat., to support the implementation of District law enforcement services. The initial assessment shall not be levied unless first a roved by a Page 3 of 5 majority of voting residents in the referendum called for that purpose. The initial non ad valorem assessment for this budget shall be no more than $200.00 per improved lot and $20.00 per unimproved lot. If the referendum is disapproved by the voters, then the Governing_Body shall take no further action pursuant to this ordinance and shall act with dispatch to repeal the same. If approved. and for the years following the initial year. the Advisory Board shall annually prepare a budget and submit it for acceptance, rejection. or modification by the Governing Body and the imposition of such non ad valorem assessments as may be needed. Except as provided in paraUVh 8, there shall be no need for referenda in subsequent years unless an assessment increases more than ten percent (10%) over the previous year or increases to more than the sum of$2300.00 per improved lot or more than the sum of$30.00 per unimproved lot in any given year. Assessments shall be assessed on the basis of one residential assessment for each improved lot and unimproved lot assessment per unimproved lot,regardless of ownership unless exempt by state law. In the case of a residential unit that is built on more than one lot, or in the case of a residential unit that is located on a site com osed of more than one lot when the lots are in common ownership and subject to a recorded unity of title declaration or agreement, then only one residential assessment mgy be assessed regardless of the number of lots involved. Lots with houses under construction on January I' of each year shall pgy the unimproved lot assessment unless the construction thereon has been substantially completed by January I" of each year after which the lots will be assessed as residences. In additione4 to the preceding, the District budget shall also he approved pursuant to all general law relating to the adoption and preparation of County budgets. (7) FISCAL MANAGEMENT. All District funds shall be received, held, secured, in the same manner as other county funds by the Clerk of the Circuit Court. The funds shall be maintained under a separate account and shall only be used for purposes authorized by this Ordinance and shall be disbursed only upon the direction of the Governing Body pursuant to the requisitions signed by the Mayor and countersigned by the Clerk of the Court. (8) SUNSET CLAUSE. The Duck Key Security District may be abolished by referendum in any primary election year by the majority vote of the District electors voting in the referendum. The referendum must be held at the Sqptember primM election to assure that the District if the electors so decide is timely abolished for the ensuing fiscal year. The referendum may only be called by the Board of County Commissioners upon the presentation of petition Mguesting the referendum signed by 20% or more of the qualified District electors. The petition must be presented to the Board at least two months in advance of the September primary to assure that sufficient time is available to place the referendum on the September ballot. Note: lye-adopted language(Ordinance No. 005-1992, Ordinance No. 012-1994 and Ordinance No. 041-1994) to be incorporated into the Monroe County Code (codified) is reflected by "underline". Additional"new"language being added to this section is reflected by"double-underline". Page 4of5 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 day of 22014. Mayor Sylvia Murphy Mayor Pro Tem Danny Kolhage Commissioner Heather Carruthers Commissioner George Neugent Commissioner David Rice (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY,FLORIDA By By Deputy Clerk Mayor/Chairperson Any � COUNTY �U ..T. ..r'T N ARE A,�4 O `O W o. OaR Date Page 5 of 5 ADDITIONAL BACK-UP : 1. Ordinance No. 005-1992 2. Ordinance No. 012-1994 3. Ordinance No. 041-1994 4. Ordinance No. 001-2009 COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:25 No .001 P.01 Cotmissioner Cheat pSIP NO. 003 AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, ESTABLISH- ING A SECURITY DISTRICT FOR THE RESIDENTIAL ISLANDS OF DUCK KEY, MONROE COUNTY, FLORIDA, AS AUTHORIZED BY SECTION 125.01(q)(1) FLORIDA STATUTESi PROVIDING FOR THi ESTABLISHMENT OF A BOARD OF DIRECTORS OF THE DISTRICT; PROVIDING FOR AN ADVISORY BOARD FOR C. u, THE DISTRICT; PROVIDING FOR DISTRICT POWERS a. INCLUDING THE RESTRICTED POWER TO ASSESS REAL C. csa PROPERTY WITHIN THE DISTRICT FOR DISTRICT �, `" PURPOSES; PROVIDING FOR FISCAL MANAGIMENT; PROVIDING FOR SEVF.RABILITYs PROVIDING' FOR REPEAL OF ALL ORDIMNCES INCONSISTENT ►� HEREWITHI PROVIDING FOR INCORPORATION INTO w cat TE MONROE NRO COUNTY CODE; AND PROVIDING AN EIZ WHERxAS, the Monroe County Board of County Commissioners is authorized to establish a Special Security District in Monroe County, Florida, pursuant to Section 125.01(q) (1) of the Florida Statutes; and WHEREAS, the residents of Duck Key Subdivision in Monroe County, Florida, desire to create a Security District for certain areas of Duck Key to be known as the Duck Rey Security District; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY comiSSION'ER8 OF MONROE Comm, FLORIDA, that: Section 1, DISTRICT CREATED. A Security District is hereby created pursuant to Florida Statutes 125.01(q)(1) which encompasses Center Island, Plantation island, Harbour Island, and Yacht Club Island of Duck Rey Subdivisionaccording to the resvbdivision thereof as recorded in Plat Book 4, Pages 7, 8, 9, 10, 11 and 12 of the Public Records COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:25 No .001 P.02 of Monroe County, Florida, but excluding Section 1, also known as Indies Island of that resubdivision. More particularly described as a portion of Section 16 and 209 210 Township 635, R342, Monroe County, Florida. !wton 2a NAME OF DISTRICT. The name of the District shall be known as DUCK KEY SECURITY DISTRICT, hereinafter the District. Se tlon . PURPOSE OF DISTRICT. The District shell be established for the sole and restricted purpose of providing security services for the District. Section 4i DESIGNATION OF THE GOVERNING BODY. The County Commission of the county of Monroe County, Florida, is hereby designated as the District Governing Body. The chairman of the district governing body shall be the Mayor of Monroe County. Section 5. ESTABLISMUNT OF ADVISORY BOARD, An Advisory Board is hereby established for the Duck Key Security District. This Advisory Board shall be composed of seven members who shall be owners of real property located in the district or residents thereof. The members of the Advisory Board shall be appointed by the Governing Body. The Monroe County Sheriff's Office shell appoint one ex-officio member to the Advisory Board. The Advisory Board shall perform such duties as may be prescribed by the Governing Body and this Ordinance and shall submit within the time period specified by the Governing Body or this Ordinance as applicable a report onIthe District's proposed activities and a proposed budget to accomplish the District's objectives. In formulating a plan for law enforcement services, the Advisory 2 COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:30 No.002 P.O1 Board *ball consult with the appropriate staff of the County of Monroe or the Sheriff of Monroe County, to assist in the preparation of the District's plan for such services. All meetings of the Advisory Board shall be open to the public. The Advisory Board members shall be appointed for staggered terms of three years. The initial appointment shall be three ambers for a one year terms two umbers for a two year term and two members for a three year term. Vacancies shall be filled for the unexpired portion of a term in the same sower as the initial appointment is made, Each member shall hold office until his successor is appointed and qualified unless the member ceases to be qualified or is removed from office. All members shall serve at the pleasure of the Board of County Commissioners, except for the ex•officio member appointed by the Sheriff. Upon appointment and qualification each year the members shall organize by lecting from their membership a choirean and a secretary. The Advisory Board sha"Camend".wi the approval of a majority of a quorum of t e property *, whethsv in person, by proxy, y absentee b4 lot, the Board of County Cou*issioners may approve the actions of the Duck Rey Security District. The powers of the Board of County Commissioners shall include but not be limited tot 1) Enter into contracts and agromonteg 2) Have exclusive control of funds legally available to it# subject to limitations imposed by law or by this Ordinance or by any agreement validly entered into by it; 3 COUNTY gTTORNEY TEL:305-292-3516 Nov 1?.94 10:30 No .00? P n? 3) Cooperate and contract With other governmental. agencies or other public bodies; 4) Contract with the county or private agencies for increased levels of law enforcement protection, including additional personnel; S) Make and collect non ad valorem assessments to finance the law enforcement services authorised in this section; 6) Exercise all lawful powers incidental to the effective and expedient exercise of the foregoing powers. &SUMLJ. ASSESSM$NTS. The Advisory board shall proper* to the Governing Body a proposed budget for the Duck Key Security District within ninety days of Gt rit,1VJ— Cf the data of the Passage of this Ordinance. The Governing Body can accept, reject or modify the f � p ,) y proposed budget. Upon the � acceptance of the initial proposed budget, the Governing Body shell authorize a referendum in the District to be hold at the next available primary or general election to approve the collection of non ad valorem assessments as provided by Sec. 197.3632, Fla. Stet., to support the implementation: of District law enforcement services. The initial assessment shall not be levied unless first approved by a majority of voting residents in the referendum called for that purpose. The initial non ad valorem **easement for this budget shall be no sore than $200,00 POT improved lot and $20.00 per unimproved lot. if the referendum is disapproved by the voters, then the Coverning Body shall take no further action pursuant to this ordinance and shall 4 COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:32 Nn .009 P ni act with dispatch to repeal the aame. If approved, and for the years following the initial year, the Advisory Body shall annually prepare a budget and submit it for acceptance, rejection or modification by the Govening Body and the imposition of such can ad valorem assessments as may be needed. Except as provided in paragraph S. there shall be no need for referenda in subsequent years unless an assessment increases more than too percent (10%) over the previous year or increases to more than the sum of $300.00 per improved lot or more than the sum of $30.00 per unimproved lot in any given year. Assessments shall be assessed on the basis of one residential assessment for each improved lot and one unimproved lot assessment per unimproved lot, regardless of ownership unless exempt by state law. Lots with houses under construction on January Ist of each year shall pay the unimproved lot essossaent unless the construction thereon has been substantially completed by January lot of each year after which the Lots will be assessed as residences. In addition to the proceeding, the District budget shall also be approved pursuant to all general lax relating to the adoption and preparation of County budgets. 7. FISCAL MANAGEM811T. All District funds shall be received, held, secured. in the same manner as other county funds by the Clerk of the Circuit Court. The funds shall be maintained under a separate account and shall only be used for purposes authorised by this Ordinance and shall be .disbursed only upon the direction of the Governing Body 3 COUNTY ATTORNEY TEL:305-292-3516 Nov 17,94 10:3? Nn n02 P.04 u oursu,fint to the requ sitioas signed by the Mayor and countersign ad by the Cler,4 of the Court. The Dock Key Security District shall cease to exist at the end of the fourth year after adoption unless continued for a subsequent 0 O)a rc/' four years by referendum approving the continuation of the L1 C C Q/) ° District by a majority vote of the voters in the District. Section 9. 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 invofidity. S:U1 19- All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of , said conflict. SSSI"g 11, The provisions of this Ordinance shall be iaeluded 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. gleion,12, This Ordinance shall be filed in the Office of the Secretary of State, State of Florida, but shall not take effect until a referendum approving the ordinance has been passed by the electors of the District. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the Mh day of M1=9 A.D., 1992, Mayor Harvey TerCLoandon C 1 6 COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:33 No .002 P.05 Coamissioner Jones . yes- Commiseionor Stormont 'Us (SEAL) BOARD OF COUNTY COMMISSIOMS Atteet: DAWY L. KOLHACE. CLERK OF MONROE COUNTYp FLORIDA 8Yi SYs EFFECTIVE DATE r viduckkepl MjetAST*M" ANY. �' AtlOrtNri 7 r Cocracti.ssioaesr Cheal ti ORDINANCE NO. 012 -1994 AN 0=.INANCR A14MMUG SECTION 8 OF ORDINANCE NO. „005-19-%2 ;THE DUCK Xff SECURITY DISTRICT ORDINANCE) IN i' *ORDER �0 PROVIDE. TH&T THE DUCK KEY SECURITY DISTRICT MAY BE -ABOLISHED -BY A -REFUENDUM APPROVED I BY A MAJORITY VOTE OF THE DISTRICT ELECTORS VOTING IN TIDE REFERENDUM; PROVIDING THAT THE REFEREUMN N Y BE..HEI - ;ONLY IN BLEARS WITH A PRIMAIX ELECTION AND ONLY AT THE SEPTEMBER PRIMARY; PROVIDING,-AT THE .'ROAR OF COUNTY COMMISSION- ERS MAY ONLY. CALL. FOR..THE REFERENDUM UPON THE PRESENTA- TION OF A PETITION SIGNED BY 202 OF THE DISTRICT ELECTORS; PROVIDING FOR SEVERABILITY1t?ROVIDING- FOR REPEAT. OF ALL ORDINANCES INCONSISTENT" ITH; PROVID- ING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORID thar: Section 1. Section 8 of Ordinance No. 005-1992 Le hereby amended to read as follows: Section S. SUNSET CLAUSE The Duck Rey -Security District Ab&jj-eee+4e-.t6 *fti* --et the--eyed--o€---tie--Bo��rfitr-yte -aver--edePe#eta--as#sea eeRto#Risek--F0q--s- one- ste-f*rr--yeaaye- -referendum app>Eev#,ag-else-eewt:fnaas va-e�-she-B#sac#e�- y-a- �ewf- ty-Vete-of-tom-voters--kr--ch --Di"jewlct main be abolished by referendum in any primaEl Qjaction; year by the ma��M�tt�y�ote or the District a ec oar�a ing in the rozerendum. The re erea-dum must be heL4 at t to 361Pteen- er br electlon to assure that d strict: the electors so deCidit, it tLMOLY ADOLIgned for the ensuinx Mseatear, The referendum way 6AIV be ca -e py the Board or un om ssioners up - t o presen a- tlotr o ion- t e- n 33.gleg 752 or more or the qualizied vistrup - &-lectors. Tue Detition must De yresented to the board,at least two months in a re n- September ry to assure that aut„ ics.erm WAS 1S available t»a.Ig re eran- um ante Septezbei a ot. 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. Secti2a 3,. All ordinances or parts of ordinances in conflipt with this ordinance are hereby repealed to the extent of said conflict. Section 4. 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. This ordinance shall take effect immediately upon, receipt of official notice from the Off lea of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AMD ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th dag of 13M . A.D. . 1994. Mayor London v� Mayor Pro Teo► Cheal e9s Commissioner Harvey not.t,�e�nt Cnmmiss ioner Freecoan Commissioner Reich ves (SEAL) BOARD OF COUNTY COMISSIONERS Attest; DANNY L.KOLBACE, Clerk OF 14k0 . Y M NT ,. FLORIDA yB eputy Clerk KayoMIMrman EFFECTIVE DATE viiduckey .r Commissioner Cheal ORDINANCE NO. 041 -1994 AN ORDINANCE AMENDING SECTION 6 OF ORDINANCE NO. 005-1992 (THE DUCK KEY SECURITY DISTRICT ORDINANCE) IN ORDER TO PROVIDE THAT ONLY ONE RESIDENTIAL ASSESSMENT MAY BE MADE UNDER CERTAIN CONDITIONS WHEN ONE RESIDENCE OCCUPIES A MULTIPLE LOT SITE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORAT40N INT(I -� THE MONROE COUNTY CODE; AND PROVIDING AN EFFECIOWDAIN t = _:r BE IT ORDAINED BY THE BOARD OF COUNTY CON1gSSIO S (W MONROE COUNTY, FLORIDA, that: IV Section 1. Section 6 of Ordinance No. 005-1.992' is Mreb CDCD amended to read as follows: Section 6. ASSESSMENTS The Advisory Board shall prepare to the Governing Body a proposed budget for the Duck Key Security District within ninety days of the date of the passage of this ordinance. The Governing Body can accept, reject or modify the proposed budget. Upon the acceptance of the initial proposed budget, the Governing Body shall x authorize a referendum in the District to be held at the next available primary or general election to approve the collection of non ad valorem assessments as provided by Sec. 197.3632, Fla. Stat. , to support the } implementation of District law enforcement services. The initial implementation of District law enforcement services. The initial assessment shall not be levied unless first approved by a majority of voting residents in the referendum called for that purpose. The initial non ad valorem assessment for this budget shall be no more than $200.00 per improved lot and $20.00 per unimproved lot. If the referendum is disapproved by the voters, the the Governing Body shall take no further action pursuant to this ordinance and shall act with dispatch to repeal the same. If approved, and for the years following the initial year, the Advisory Body shall annually prepare a budget and submit it for acceptance, rejection or modification by the Governing Body and the imposition of such non ad valorem assess- ments as may be needed. Except as provided in par&- graph 8, there shall be no need for referenda in subsequent years unless an assessment increases more than ten percent (10%) over the previous year or increases to more than the sum of $300.00 per improved lot or more than the sum of $30.00 per unimproved lot in any given year. Assessments shall be assessed on the basis of one residential assessment for each improved lot and one unimproved lot assessment per unimproved lot, regardless of ownership unless exempt by state law. In the case of a residential unit that is built on more than one lot, or in the case of a residential unit that is located on a site composed of more than one lot when the lots are in common ownership and subject to a recorded unity of title declaration or agreement, then only one residential assessment may be assessed regardless of the number lots involved. Lots with houses under construction on January 1st of each year shall pay the unimproved lot assessment unless the construction thereon has been substantially completed by January lst of each year after which the lots will be assessed as residences. In addition to the preceding, the District budget shall also be approved pursuant to all general law relating to the adoption and preparation of County budgets. 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. Section 4. 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. 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 14th� day of December A.D. , 1994. fi Mayor Freeman yes Mayor Pro Tem London --Yes Commissioner Douglass _yes Commissioner Harvey ye_ Commissioner Reich -yes r (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By AiGG1 J dle&&j By • eputy er Mayorlyna,irman EFFECTIVE DATE viiduckey3 1�^ 34 e Mannp 3.. Rotbagc BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3127 OVERSEAS HIGHWAY MONROE COUNTY 0=OVERSEAS HIGHWAY MARATHON.FLORIDA 33050 500 WHITEHEAD'STREET PLANTATION KEY.FLORIDA 33070 TEL.(305)2"-WV KEY WEST. FLORIDA 33040 TEL.(305)852-7145 TEL. (305)292-35SO December 30,1994 CER'17��9 MAIL. RLTM RECEIPT REQUIUM Mrs. Liz Cloud Bureau of Administrative Code and laws Department of State The Capitol TaUshaneet P1.32301 Dear Mrs.Cloud: i Enclosed please find a certified copy of Monroe County Ordinance No.041-19H ameodhlg Section 6 of Ordinance No.00.5-1992 4'1'he Duck Key Security District Ordinance) In order to provide that only out residential agent may be made under certain conditions when one residence occupies a multiple lot site; providing for severabilky;providing for repeal of all ordI woces hwondskat herewith;providing for Incorporation into the Monroe County Code;and providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commilssksers at a Regular Meeting In formal session on December 14,1994. Please file:for record. Danny 1..Kolbage Clerk of the Circuit Court and ex offlcio Clerk to the Board of County Commissioners By: Ruth Ann Iontzaa r cc: Municipal Code Cotparatios Cmidy Attorney Cauaty Commissioners CeBec IUe Cowdy Aeiarinistrator ltipnty Apprailler Cam bu • do 3,errdAtl�;R�� e•rvlwr. I Neo wish to receive the • P"VOW PAM ad edma on rM tress of Ilds loses e0 thm ere eon feUOwirfp sefvieq (for an extra /eel: raft"thle and to yes. • tNtAN6 t Mena to*4 boot et the e.SftjM ,a oe rq book N spew 1. 0 AddMsm's Address dow• 1NYr'IIMwMpMiteoeswM"anO+enWploeetnbw�eaedeteAsNa,r 11CK • Walba ae.errs.r•eApWft"hMV"W e.WWddhnes.a+n.dse. 2. ❑Reatrietw Dewery Mmi�M>ti0N114Z Carnult for fee. , A;i de Number HUNICIl1,L CODZ CORPORATION 009 995 515 B.0 XM 2235 `�- ~— - SBB, FL. 32316-2235 Roo mwati ❑ifrurw as WNW O CONS ❑Etta Imo' Receipt fa 041-1"4/f42-1994011 i AO •IldtMwp( K requested t�sldl ! , '00MUMREflIR111 RECMPT Cr�Me Ittws/elklA,e i •_�M1p�rer<A,sett ti•who ardsea f eio ttlilh tp ve`MAMA"w o to Yam,���� of Mlle 1ra1 as a"Mo�e pM11kMe f}Or an e� 04",",w♦hest lw Mae ores see eeetltt.. "keiieea sr w tta tktet•epees 1. • att '�eegere4r"'"'nwlr"srkwer .eeMltlwtlw«Mrl. Addp'MeaY'Addles. NMM�M»wd«erM.klne.e1i.,�tle..dr,e1tl..rtlr"" rt 13 Call.rt. �.eetsepd Delvary LU ,�CRW 4& OF ADM.0 X 4 LAYS *. Z009 993 338 D OF STAB ft .� ikE3 boa" TALLARAM s. FL. 32301 w 0 Mao �fee ORri. 041-1994 4 042-1",4 a a � •Osslweslre tMt wlei,wrr wr,,-+r++. ��1C��1NM1 I�EIT FIARIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code , The EIliot Building 401 South Monroe Street i Tallahassee,Florida 32399-0250 I (904)488-8427 January 6 1995 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letters of December 30, 1994 and certified copy each of Monroe County Ordinance Mos. 041-1994 and 042-1994, which were filed in this office on January 5, 1995. For future use, our current address is: Department of State Bureau of Administrative Code The Elliot Building 402 South Monroe Street Tallahassee, Florida 32399-0250 Sincermly, U a,-t Liz Cloud;Chief Bureau of Administrative Code LC/aw v , K JAXI e Ide -. 2 4 .� 14 �' ,r�'^°'•,yam- ?3�'; fill �tt��tuJ�t��tttt�U�ttt��ut� t�tt�u�t��ttt�u�t��trnt�rtf ai1"r►n+fu1•�y,i•.....,.e�.nARM'llgb . ♦rL°NJ/ 11�, ' SIDER ADOPTuO`rTffl �• ORDINANCE Nam" HEREBY GIVEN TO WHOM IT MAY CONCERN that On Wednesday.September21 1994.at 10:00$.m.at the Marathon Govern• raA9...rY7 ti 1:1�1tti"f:J I ment Center. 2796 Overseas High. way. Marathon,Monroe County. � ,' � � � Florida, the Board, 01 Country Cpm- missionerit of Monroe County, Flor- ida,intends 10 consider the adopilon Of the following County ordinance: ORDINANCE No 1994 Published J, aiJ3r -SEC- TION 6DINANCE OF ORDINANCEtNG NO. 005• Hey IveSt, 14Y01'tr©e Cowity=, Florida 330.10 1992 (THE DUCK KEY SECURITY DISTRICT ORDINANCE)IN'ORDER TO PROVIDE THAT ONLY ONE RESIDENTIAL ASSESSMENT MAY BE MADE UNDER CERTAIN CON•FLOSIDA OCCUPIEWHEN AA ULT ONE LOT S SITE, : MOaNROE: PROVIDING FOR SEVERABILITY; . PROVIDING FOR (REPEAL OF ALL ORDINANCES INCONSISTENT a ur.•COrS;CI Cd aV11':Cr.i',, ersonz.", ,:,rcc4rcd i^"tanct • r=.riciSC;i 1'.'1:0 Gil Ov;I7 HEREWITH; PROVIDING FOR IN- 1 Y 1f APORATION INTO ThE MON• S Ad±renising!'iartac Mt;,i l i'B i1e,14i'.+Cst C:tiZCr,c^I�::iiy r D1�rsCcl^Cr :;,:i5hed .Q AND,PRO. n 1 _ �Pur try VA ,.,c�rorr County, i'�.i'.C:,t11C:t:l:v C:I:i�1,1 bai C07.,' v::i o GO:rB' " 5E'f%ry•. :+?In I Mor- Ida n. _ � 1f a 111i0 t t�� Of A 10 d reyt1W r C-*- &v,4 1 e,7 e C.Ffzlri 6 01 Q rd),'rta►.rre to any matter Considered of ouch hearing or meeft he Will need a q 1 record of the proceedlnp,and that, for such purpose.he may need to en- sure that a Vmtatlm record of the is made, which record C� i= '�si'. it sc;d 11E "SpaGEr in the upon ~Tin appeal Is o be 4 based. ; Copies of the obovo-rarer-M 02"of& nonce are available for reWsw at the various public libraries in hfortme County.Flori *• 'says that the sa,C :e lacy"rt st Ci:ixEn is a ievpspaper Published at Key DATED at Key Willett,Florida.this ah day ofAupual.IM, 0:11'Oe County, al1d 1"'41 :ii'w said r.olviSpaper has heretofore been ; ca�"��,UilCoUrt b"Ished 'lil S4:d r.;,;: ;,e CcL"i:,I, r'crica, each day (except Saturdays and :r= Board ofCd clMiciaClerkMthe yS)alld haS ccel, `.:riCV-;S Sccond-c ass mraii IT)alie•"r at the post Office in Ofmonr eCounty.F�bridi d i1.Gnrce 1.our r' ' ,n- ="TV August29thaSe tember6th,199t _r `. �4, .c C rerivd CI 1 },.,:r I;„�Ct preceding file first e has � ' �:i=LCiYiC"if,� CCIJy ... c:e'"xr.is 1. 4r:t, c i:d c.f{Ic�,llr further Sr:j15 that a, �,�.. Neill ier paid nor,r„olrlsed any I;ers irm c, cc ccration any Ciscouni,rebr:l0,commission Cr re�u'iid for life purposc of s":.r�'' :l his -' a -la- r�" ('cat' 'he sra..Id ,y a, -vl lisennant 'for rhl1i ICr.i•011 In I„ rn "• r r„ r q (Signature o1 Alfiant) S.'dpril :0 and subscribed I;t;ICri,` :.. , tI,,5 C'al CI 100ri , Hnirt►E.cam nature cf (Naary Pudic) [/.t 1IY f,'OIAIaGG1011�Q4c af11A11 (1,Xrtl416'.mom q.tat/ t1atlM1111Y1b NIId:IRi1rM� ,^�,_' (Notre Gf o I a r y OF ub.ic) r , 1 Personally K*,O:vn 7"" or 1'7PO os ICCntiticati0n PI'CdUCCd . r • -r 074 SSAVINO THE UPPMR KEY8 DAGtNY WOL" FOR OVER to YEAR* Shcaortts POMMW BOX 1197 . TAVERNIER. FLA.33070 (3051852.3216 FAX 852-0249 PROOF OF PUBLICATION �f l STATE OF FLORIDA ) COUNTY OF MONROE ) ' W Before the undersigned authority personally appeared,DAGNY WOLFF who on oath.says that she is EDITOR&PUBLISHER } of THE REPORTER,a weekly newspaper published at Tavernier.Monroe County.Florida; Iti that the attached copy of advertisement,being a—LEGAL AD r j o IN THE MATTER OF NOTICE OF INTEN71ION _ IN THE Court.was published in said newspaper in the issues of 911/94&9/UM_. Afliant further says that the said REPORTER is a newspaper published at Tavernier.in said Monroe County.Florida,and that the said newspai heretofore been continuously published in the said Monroe County.Flc each week(on Thursday).and has been entered as second class mail mt the Post Office in Tavernier,in said County of Monroe.Florida,for a p w one year nest preceding the first publication of the attached copy of ads and aMant further says that he has neither id cox Y pa promised any tirtn � corporation any discount.rebate.commission or refund for the purpose r this said advertisement for publication in the said newspaper. a y . swr,lw rn hNostInsc�rtlnro ntatsaRn Mr;nrls _slti nAY fIp_ _Srr*ITMAF.R_A.M.1"4_ M low ' d6 wrMdlt►twrl�tlnf NWARY I'Unt.IC Mwrilry j � a S arrt3urtr,Ar ''-"� MY COMMISSI!)N FYr'IRF,. CAROL E DOUVRES f ,,,r• Itt :; •. COMMISSION NO.CC•2"15 _ •' MYCOMM66fOti EXP t tiF 2.t04? n�e.i..rn.asoao 44:..,s • i r PROOF OF PUBLICATION THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY,FLORIDA STATE OF FLORIDA COUNTY OF MONROE) - c Before the undersigned authority personally appeared Tom TueIl —-------who on Nth. says that he/she is Editor- N of the FLORIDA KEYS KEYNOTER.a twice. weekly newspaper published at MARATHON. In MONROE COUNTY, FLORIDA: that the attached copy of advertisement. being Not ice Of Intent ion To` Consider Adoption Of County Ordinance 1N THE MATTER OF: Anendin tion 6 0. 0 in the — Court Court was published in said newspaper in the issues of — August 31 f September 7s 1994 I Alliant farther says that the said FLORIDA KEYS KEYNOTER Is a newspaper at MARATHON. in said MONROE COUNTY.FLORIDA.and that the said news. paper boo heretofore been continuously published In said MONROE COUN ° TY. FLORIDA. twice eseb week (an Wednesday and Saturday) and has been entered as second class mail matter at the post office 'in MARATHON. in i said MONROE COUNTY. FLORIDA. for a period of one year next preceding the first publication of the attached { p ached copy of advertisement; and atflant fur- ther says that he bat neither paid now promised an per son,son firm or co y P spate ration say discount. rebate, commission or refund for the purpose of sector• in$ this advertisement for publication In the said as wrspaper.(SEAL) I UkRy 1.00 SOLL9ERGER •, 11otAsr Bf Comm Exp. 9/14/96 (goal) S PtlalIC�p 8emi0 By service Ims °j F/04' tio.CC219643 ? � �I V SWORN TO AND SU Rn»r,�ty CRIBErv,inD BEFORE Me THIS 9th DAY F _September � A.D. 19 94 - -- --�<��- r V . •�coe�a ' FLORIDA DEPARTMENT OF STATE Sandra B.Mortham Secretary of State " DIVISION OF ELEC TONS Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee,Florida 32399-0250 (904)488-8427 January 6, 1995 Honorable Danny L. Rolhage Clerk of Circuit Court Monroe County 500 Whitehead Street Rey West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida statutes, this will acknowledge your letters of December 30, 1994 and certified copy each of Monroe County Ordinance Nos. 041-1994 and 042-1994, which were filed in this office on January 5, 1995. For future use, our current address is: Department of state Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee, Florida 32399-0250 Sincer ly, • uz"'D Liz Cloud, Chief Bureau of Administrative Code LC/mw ORDINANCE NO. oo 1 - 2009 All ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR MONROE COUNTY, FLORIDA. PROVIDING FOR THE REPEAL or CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING FOR SEVERABILITY;PROVIDING FOR FILING WITH THE SECRETARY OF STATE;AND P'RUVIDING WHF�IT SUCH CODE THIS ORDINANCE SHALL BECOME EFFECTIVE. WHEREAS, the Monroe County Board of County Commissioners (BOCC) engaged the Municipal Code Corporation(the AMCC@) to re-codify the ordinances enacted by the County (the "Code"); and WHEREAS,the BOCC desires to develop the Code into a more user friendly document that is of greater utility to the citizens of the county,those persons who use the Code on a routine basis, as well as County officials and staff; and WHEREAS, the BOCC recognizes that the work of ordinance codification is an ongoing process that requires a continuing effort by various County officials and staff, and it is the goal of the BOCC to ensure that the Code is kept current and of maximum use and clarity; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Section . The Code entitled "Monroe County, Florida Code," published by Municipal Code Corporation,consisting of chapters 1 through 146,each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before October 17, 2007, and not included in the Code or recognized and continued in force by reference therein, are repealed except for (a) Ordinance 026-1999 concerning the length of service award program for volunteer fire personnel and emergency medical services personnel which was never codified, and will be included in the first supplement to the code. (b) former Sections 13.5-3 (a)(2)and(3), 13.5(b)in its totality concerning the serving of alcoholic beverages at the restaurant at Higg's Beach which was inadvertently omitted. Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided,every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine of not less than $15.00 nor more than $500.00, imprisonment for a term not exceeding 60 days, or any combination thereof. Except as otherwise provided by law or ordinance,with respect to violations of the Code that are continuous with respect to time, each day that the violation continues is a separate offense and with respect to violations that are not continuous with respect to time, each violation is a separate offense. Section 5. Additions or amendments to the Code when passed in such form as to indicate an intention to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Suction 6. Ordinances adopted after October 17, 2007, that amend or refer to ordinances that have been codified in the Code shall be construed, as if they amend or refer to like provisions of the Code. Section 7. If any section,paragraph, subdivision,clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair,invalidate,or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision,clause, sentence,or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section S. This ordinance shall be filed in the Office of the Secretary of the State of Florida. Section 9. This ordinance shall become effective on March 1, 2009. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 28th of January 2009. Mayor George Neugent Yes Mayor Pro Tern Sylvia J. Murphy Not Present Commissioner Kim Wigington Yes Commissioner Heather Carruthers Yes -� Commissioner Mario Di Gennaro Not Pres c ffixa= m v rnxr I Co o� ;:0 r C") BOARD OF COUNTY COMMI9SIOftRJ a NY L. KOLHAGE, OF MONROE COUNTY, FLORIDA ERK By �-,,. By ,�g�.jet Deputy Clerk Mayor George Neugent MONROE COUNTY ATTORNEY d�APPR QED AS TO FORM: S N M. tGVRIMS AS,�SwAN=9 �TT04..-RN�EY� Date RESOLUTION P54-M A RESOLUTION OF THE XONROZ COUNTY PLANENG COIMliQ ON DING APPROVAL OF AN ORD G>g ADOPTEW AND ENACTING A NEW LAND DWSLOPME1NT CODS OF ORDINANC=FOR XONROE COUNTY, FLORIDA WEUMU AB, the Monroe County Board of County Commissioners (BOCC) engaged the Municipal Code Corporation(the AMCCQa)to re-codify the ordinances enacted by the County(the"Code); and WHIIREAB,the BOCC desires to develop the Code into a more user friendly document that is of greater utility to the citizens of the county,those persons who use the Code on a routine basis, as well as County officials and staff; and WHE'RNA9,the BOCC recognizes that the work of ordinance codification is an ongoing process that requires a continuing effort by various County officials and staff, and it is the goal of the BOCC to ensure that the Code is kept current and of maximum use and clarity; WHSRICA8, the Monroe County Planning Commission held a public hearing on the adoption of the Land Development Code at its regular meeting of November 18, 2008 and recommended approval to the BOCC; NOW,TIIBRB MRZ,BS IT RR8OLVED BY THE WONROS COUNTY PLANKING colin�xesiOx: Adoption of The Land Development Code, Volume 2 of the "Monroe County, Florida Code," published by Municipal Code Corporation,is recommended to the BOCC for APPROVAL. PA88ED AND ADOPTRD by the Monroe County Planning Commission, Florida,at a regular:meeting held on the 18th of November, 2008. James D. Cameron, Chair yes Randolph D. Wall, Vice Chair yog Jeb Hale, Commissioner yes John Marston, Commissioner Yes Donna Windle, Commissioner aces. PLANNING C OF MONROR COUNTY, FLORtDA By James D. Cameron, Chair Signed this /. r'� day of January, 2009. r, `.OVrD TO FORM MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET,SUITE 101 pcouNrr BRANCH OFFICE: KEY WEST,FLORIDA 33040 S,t.•......00 PLANTATION KEY ���.'�� � GOVERNMENT CENTER TEL. (305)294-4641 :* 88820 OVERSEAS HIGHWAY FAX(305)295-3663 PLANTATION KEY,FLORIDA 33070 TEL.(305)852-7145 BRANCH OFFICE: � ,". FAX(305)852-7146 MARATHON SUB COURTHOUSE 3117 Ovr-RSEAS HIGHWAY .., CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON,FLORIDA 33050 50 HIGH POINT ROAD TLL. (305)289-6027 MONROE COUNTY PLANTATION KEY,FLORIDA 33070 FAX(305)289-1745 www.clerk-of-the-court.com TEL.(305)852-7145 FAX(305)853-7440 February 9, 2009 Ms. Liz Cloud,Program Administrator Administrative Code& Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 70051160 0000 38412365 Dear Ms. Cloud, Enclosed is a certified copy of Ordinance No. 001-2009 adopting a new Code of Ordinances(re-codification of existing Monroe County Code)for Monroe County, Florida. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting,held in formal session,on January 28,2009. Please file for record. Should you have any questions please feel free to contact me at(305)295-3130. Danny L.Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Via E-Mail to the following: Municipal Code Corporation Growth Management County Attorney BOCC File