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Item T6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date March 19, 2003 Division County Attorney AGENDA ITEM WORDING Approval to advertise an ordinance amending Ordinance No. 023-2002, deleting environmental lots. ITEM BACKGROUND Ordinance No. 023-2002 was passed establishing a Municipal Service Culvert District and specifically excluding therefrom Block 19, Lots 1 through 99, per Plat Book 4, page 143; but omitted also excluding certain environmental and access lots which were not included in the computation. This action is needed to ensure that the Property Appraiser and Tax Collector' exclude from the District those lots which are assessed at $50 and those which are narrow (10' wide) strips of land adjacent to Dominica Lane. PREVIOUS RELEVANT BOCC ACTION Passed Ordinance No. 023-2002. CONTRACT I AGREEMENT CHANGES NjA STAFF RECOMMENDATIONS Approval to advertise for ONE public hearing for April 16, 2003 in Key West. TOTAL COST BUDGETED Yes No COST TO COUNTY SOURCE OF FUNDS APPROVED BY: County Attorney _ OMBjPurchasing 0 Risk Management 0 DIVISION DIRECTORAPPROVA&q~r J. R. NS " DOCUMENTAnON: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # /~ ORDINANCE NO. - 2003 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 023-2002, DELETING ENVIRONMENTAL LOTS; 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, Ordinance No. 023-2002 was passed establishing a Municipal Service Culvert District and specifically excluding therefrom Block 19, Lots 1 through 99, per Plat Book 4, page 143; and WHEREAS, the computation for assessment per lot was made excluding additional lots which are considered environmental lots with $50 assessment and four lots which ,are too narrow for construction of single-family residences; and WHEREAS, said ordinance did not exclude specifically those lots which were not included in the computation other than Block 19, Lots 1 through 99; and WHEREAS, it is necessary to revise the ordinance to delete those other environmental and unbuildable lots which were not included in the computation for purposes of levying an assessment; now, therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Sec. 1 of Ordinance No. 023-2002 shall be revised to read: Section 1. The Breezeswept Beach Estates Municipal Service Culvert District (hereafter District) is created under Sec. 125.01(1)(q) and (r), Fla. Stat. The District consists of the Breezeswept Beach Estates Subdivision, Plat Book 4 at Page 143, less the following: Block 19, Lots 1 - 99; Block 2. Lot 68; Block 3. Lot 25: Block 5. Lots 4 and 11; Block 6. Lots 7 and 31; Block 8. Lots 8-10; Block 9. Lot 8; Block 14. Lot 24: and. adjacent to and abutting Dominica Lane. Lots 96A. 97A. 98A and 99A. The Monroe County Board of County Commissioners has determined that the real property in the District will be specially benefited by the improvements described in Section 3. 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 day of April, 2003. Mayor Spehar Mayor Pro Tern Nelson Commissioner McCoy Commissioner Neugent Commissioner Rice (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson J ordBSMSCU2