Resolution 371-2022 3 kw
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6 RESOLUTION NO. 371 -2022
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8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
9 MONROE COUNTY, FLORIDA, APPROVING AN EMERGENCY ROAD
10 RESTRICTION UPON A PORTION OF THE MAGNOLIA STREET
11 RIGHT-OF-WAY, KEY LARGO, MONROE COUNTY, FLORIDA.
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13 WHEREAS,the Board of County Commissioners of Monroe County, Florida
14 (hereinafter the "Board", "BOCC", "Monroe County", or"County"), is the governing body of
15 Monroe County, Florida; and
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17 WHEREAS,the Board is empowered under the constitutional police power to safeguard
18 the public health, safety, and welfare of the residents of and visitors to the County; and
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20 WHEREAS, the Board recognizes the benefits that will flow to the County's residents
21 and visitors by utilizing its constitutionally-derived police power discretion to regulate activity
22 and public order to enforce its rights and regulations within its jurisdiction and within its rights-
23 of-way; and
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25 WHEREAS, the Engineering Services Department("Department") Director, the
26 Supervisor of the Department's Upper Keys Roads and Bridges Office, and the Land Steward
27 share the joint view that an emergency road restriction, as authorized by Monroe County Code of
28 Ordinances ("MCC") Section 19-8(d)(1), on a terminal portion(s) of the Magnolia Street right-
29 of-way in Key Largo is necessary to prevent illegal landclearing and dumping on and in the areas
30 of said segment(s) around the northwest corner of Lot 4 and the southwest corner of Lot 1,
31 Ocean Acres, according to the plat thereof, as recorded in Plat Book 1, Page 188, of the Official
32 Records of Monroe County, Florida, and running easterly through the end(s) of the right-of-way;
33 and
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35 WHEREAS, pursuant to MCC Section 19-8(d)(1), Board approval of an emergency
36 restriction for safety or other emergency-related purposes is exempt from the process set forth at
37 MCC Section 19-8(b), applicable to the enactment of non-emergency restrictions; and
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39 WHEREAS, the joint averment of the Department Director, Supervisor of the
40 Department's Upper Keys Roads and Bridges Office, and Land Steward concerning the adverse
41 public health, safety, and environmental effects as a result of, in connection with, or arising out of
42 the presently unrestricted status of these areas of the subjectportion(s)of the Magnolia Street right-
43 of-way is true-and-correct and constitute(s) a bona fide emergency within the meaning of MCC
44 Section 19-8(d)(1);
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2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
34 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
5 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
6 legislative intent and purpose are true and correct and are hereby
7 incorporated as if fully stated herein.
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9 Section 2. The Board hereby approves, during all hours, restricting all vehicular and
10 pedestrian access to or use of the above-referenced areas of the Magnolia
11 Street right-of-way and authorizes the installation of signage, boulders,
12 concrete barriers, and fencing to effectuate this restriction. This restriction
13 does not apply to the duly authorized staff or officers of the BOCC, Monroe
14 County Land Authority, Florida Department of Environmental Protection,
15 Monroe County Sheriff, or any first responder(s), as defined in Florida
16 Statutes § 112.1815(1) (2022), acting in the performance of their duties.
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18 Section 3. The Board authorizes delegation to the Monroe County Administrator,
19 pursuant to but not limited to the County Administrator's authority to
20 supervise the care and custody of all County property under Florida Statutes
21 § 125.74(g), the authority to take all action necessary or appropriate to
22 coordinate with BOCC departments and other constitutional offices of the
23 county to ensure that this restriction is effectuated.
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25 Section 4. Construction and Interpretation. The construction and interpretation of
26 this Resolution and all Florida Statute(s) and Monroe County Code
27 provisions whose interpretation arises out of, relates to, or is interpreted in
28 connection with this Resolution shall be liberally construed and enforced in
29 favor of the BOCC and such construction and interpretation shall be entitled
30 to great weight in adversarial administrative proceedings, at trial, in
31 bankruptcy, and on appeal.
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33 Section 5. This restriction shall terminate upon the Board's adoption of a Resolution
34 declaring its termination.
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36 Section 6. Effective Date. This Resolution shall become effective immediately upon
377 its adoption by the Monroe County Board of County Commissioners.
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39 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
40 Florida, at a regular meeting held on the 191h day of October, 2022.
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42 Mayor David Rice Yes
43 Mayor Pro Tem Craig Cates Yes
44 Commissioner Michelle Coldiron Yes
45 Commissioner James K. Scholl Yes
46 Commissioner Holly Merrill Raschein Yes
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BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA /lX By:
Mayor David Rice
MO ATTORNEY
7 T: KEN MADOK, CLERK A2FpKTFORM
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Pmp—MORRIS
9 ASSISTANT COUNTY ATTORNEY
Date: 10/7122
10 AS DEPUTY CLERK
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