Ordinance 009-1997ORDINANCE NO009 -1997
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AMENDING ORDINANCE NO.
062-1996 BY CHANGING THE AREA INCLUDED IN THE SAFETY
HARBOR BOATING RESTRICTED AREA TO ALSO INCLUDE THE
NEAR SHORE WATERS ADJACENT TO THE TOLL GATE SHORES
SUBDIVISION, LOWER MATECUMBE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, THAT:
Section 1. The Safety Harbor boating restricted area map attached to and
incorporated into this Ordinance, and marked as Exhibit A-2, is hereby substituted for
Exhibit A of Ordinance No. 062-1996. -
Section 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
Section 3. If any section, subsection, sentence, clause, item, change ;-ar
provision of this ordinance is held invalid, the remainder of this ordinance shA not 8b
affected by such invalidity.
Section 4. A copy of this ordinance shall be filed with the Secretary of State,
State of Florida, but shall not take effect until the Idle Speed No Wake boating restricted
area is approved by the necessary state and federal agencies.
1
cti n The Clerk of the Board is hereby directed to forward a copy of this
Ordinance to Municipal Code Corporation for incorporation into the Monroe County
Code of Ordinances.
This ordinance changing the established boating restricted area for Safety Harbor
was PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 19th day of
March , A.D., 1997.
Mayor Douglass
Mayor Pro Tern London
Commissioner Freeman
Commissioner Harvey
Commissioner Reich
nny L. Kolhage
By
Depu Clerk
EFFECTIVE DATE
ves
yes
yes
ves
yes
BOARD OF C
OF MONROE
COMMISSIONERS
2
i
Exhibit A-2
Safety Harbor Idle Speed/No Wake Zone
Idle Speed/NoWake Zone -
U'
O \ 6 Jl
q g C) `
. d Idle Speed/No Wake Zone
\ LOWER MATECUMBE
FI R 4s 12R 3M •.2
teeat
a 0 O $
9 Subm Piling\ 21 ����'L Lk 9) \O
s 10\\' J3� \2 0 ° G"tl "13 � GrS r0
83
�03 {� reps Apr
�O \�
10
Lk
g
� 2 '
8 rka rrd O 20 `
Jti 2� 23
9 8
5 23�
\6
23 \ \6 O
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
xuannp I. Rotbage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
March 31,1997
CERTIFIED MALL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 952-7145
FAX (305) 852-7146
Enclosed please find a certified copy of Monroe County Ordinance No. 009-1997,
amending Ordinance No. 062-1996 by changing the area included in the Safety Harbor
Boating Restricted Area to also include the near shore waters adjacent to the Toll Gate
Shores Subdivision, Lower Matecumbe; providing for severability; providing for the
repeal of all ordinances inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; and providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on March 19, 1997.
Mrs. Liz Cloud
March 31,1997
Page 2
Please rile for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
Deputyle�rkL
Enclosure
cc: Municipal Code
County Attorney
Growth Management Director
Property Appraiser
County Administrator, w/o document
File
396 367 737
Receipt for
Certified Mail
No Insurance Coverage Provided
�STE Do not use for International Mail
lCno P.--Pl
Sent to
MUNICIPAL CODE CORPORATIO
Street and No.
P.O. BOX 2235
P.O., State and ZIP Code
M
m
t
i
5
O
O
M
0
U)
a
Is your RETURN ADDRESS completed on the reverse side?
rn cn w ■■ ■ ■■■NJ
Cl) g
T x m .-. yHy hd m'ym I* 3QV-Z
w �. ti O Z m$ m m m
F,
n
� 3 a•
m W 00
m o �v'�
j g�
v r
n `
3
m
w
r
is � m �• � � S
Ln z mf S
Ln
s m
a $
> m M m M cn > n
r
' c v to m N a m' 3
.g 3 m
m m m Z a
aR m m V m O N M 0 iv
33
❑ ❑
ci �� 0 CD a m"A 7
r v (A Co CL 7C
G
.-► m � n m
`� i�• y m CDy
a m
❑ ❑ o m rn o `m
c >
CDy O N m m m CL 7 m
N p m Q H
(D n a m w
i 396 367 736
Receipt for
Certified Mail
No Insurance Coverage Provided
ED ST.TES Do not use for International Mail
UNIT
POST>E SERVICE
(See Reverse)
TSent to
MRS. LIZ CLOUD
r Street and -,-FL. DEPT. OF STATE
t6
P 0 State and ZI Cc e
c TAILAHASSEE,FL.32399-0250
O Postage
co
M Certified Fee '
o
L11- Special Delivery Fee
U)
CL
Restricted Delivery Fee
Return Receipt Showing I /
to Whom & Date Delivered
Return Receipt Showing to Whom -
Date, and Address r�
TOTAL Postag •�,� (/
& Fees 'ter
Postmark of D
U-
1997
(ORD.009--4W1} '�
Is your
RETURN
ADDRESS completed
on the reverse skis?
n
K�
�'
w
a
m
m
m
a'
�Cz�r
r x
r
CDit
g���p
�gmmm
OWD
'� Cn CrJ > G
3c
a
o r s t� r
� tj �d H
H 0 H
a>
a
„3
�m3..
■ a
N
1 C!a O
y
8
g IP—
g
trJ H C]
m.
CL
m p
CDm
t� 4�] Z H
LO
m
w cn o tri
H
_
W M
m
co
V
❑ ❑ ❑ Q
w
Qa
�o m
m
a
3
m�
CDc'D
0-3
m
a� vi �.
N
1
m
3
y mm
m
v
m
(/
y m m
�
O�
Z
m.
O
rn
M
m m
011
(Q� m o
3
aCL
2
a
Q
V 0
y IV 1 0
(D
v
C ❑ ❑
n
w
]7 > N S
�_
n
In a m
M m o
C
1
r
N a ff
m N m
O
❑❑
v w O m
(Dy
0
O w'+ m
o m
m m a = m
n
vas
o•
a
Thank you for using Return Receipt Service
Thank you for using Return Receipt Service.
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
office of the Secretary
office of International Relations
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of I listorical Resources
Division of Librarn and Information Services
Division of Licensing FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
April 2, 1997
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
MEMBER OF THE FLORIDA CABINET
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 Tampa/Hillsbonwgh County
Preservation Board
Ringling Museum of Art
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated March 31, 1997, and certified copy of Monroe County Ordinance No. 97-09,
which was filed in this office on April 2, 1997.
Sincerely,
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427
FAX: (904) 488-7869 WWW Address http://www.dos.state.fl.us • E-Mail: electio�r«nrail.dos.state. l.IIS
=r ru
G.
1, :�, Z :=
r
Serving the Florida Keys
P.O. Box 1197 • Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8249
STATEMENT OF PROOF OF PUBLICATION
USPS #905580
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared DAVEE DOVE, who on oath, says that she is
CLASSIFIED EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising
published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad.
IN THE MATTER OF NOTICE OF INTENTION
IN THE Court, was published in said newspaper in the issues of 2/27 and 3/6/97.
Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,
Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement;
and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount,
rebate, commission or refund for the purpose of securing this said advertisemerzfor`publia-di Tithe said
newspaper. ^-
i
F� �J
SEAL
-
SWORN TO AND SUBSCRIBED BEFORE ME THIS 6TH DAY OF MARCH A.W0, 1"7
NOTARY PUBLIC
KAREN E. SILVA
Notary Public, State of Florida
MY COMMISSION EXPIRES: n"5134- My Comm. ex Tres Au 29 1998 y
a �° n. L.r M75 f
i ! ' 1 :M 1 if it' i:'Ii A
NOTICE IS HEREBYGIVEN 7owHOM ITMAY CONCERN that
on Wedoeaday, Mooch 19, 1997, at 16:00 4 at the Marathon Govern-
ment Crater, 2799Overseas Highway, Marathon, Monroe County, Flor-
ida, the Board`of Cotmty.Commissioners of Monroe County, Florida,
intends to consider the adoption of the following County. ordinance:
AN ORDINANCE •OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AMENDING ORDI
NANCE NO.062-1996 BY CHANGING THE AREA INCLUDED IN
THE SAFETY HARBOWBOATING RESTRICED AREA TO ALSO
INCLUDE THE NEAR SHORE WATERS ADJACENT TO THE TOLL
GATE SHORES SUBDIVISION, LOWER MATECUMBE; PROVED-
ING FOR SEVERABILM;;PROVIDMFOR REPEAL Of ALL OR-
DINANCES INCONSISTEN'&, HEREWITH; PROVIDING FOR IN-
CORPORATION INTO THE MONROE COUNTY CODE OF ORDI-
NANCES; AND PROVIDING AN EFFECTIVE DATE.'
Pursuant to Section 286.0105, Florida Statutes, notice is given that if
a person decided toappeal any decision made by the Board with respect to
any matter considered at such hearing or meeting, be will need a record of
the proceedings, and t>wi. 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 ordinance are available for review at
the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 20th day of February, 1997.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex offtcio Clerk of the
Board of County Commissioners
of Monroe County, Florida
Published:2127 and 3/6t9 t
The Reporter
Tavernier, FL 33070
B-Q tc t 1) o 1=
GJJNT� wmr►►.td
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE,-
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is Advertising Manager of the Key West Citizen; a daily newspaper published
at Key West in Monroe County, Florida; that [lie attached copy of the advertisement, being
a legal notice
in the matter of NoC F (t!l I� ��� S r eLSiZ P 1 C�JN
f°l )UQ % D6I;k- 144C 00-D t a
in the N//* court, was published in said newspaper in the
issues of -M 2.3 4 M Mzk-i-f Z , l 99'?
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) 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 nei-
ther 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 news-
paper.
(Signature of Affiant)
Sworn to and subscribed before me this a- iday of r-r'13(LJ/9fz�-1 1997
Expires. UT am-)
Personally Known _'/ or Produced Identification
(Signatur�of otary Public)
(Name of Notary Public)
Teresa Gayle Darling
Type of Identification Produced -- rirr,wMissioN#1V-1-2002EXPtRES
--- ---- ----- —r---8eptemberfiP� 290@----___.
p;
'f nr iSL�' 9UNDE0 THRU TROY FAIN INSURANCE, IIJL.
NOTICE QF INTENTION TO CON-
SIDER P DOPTION.OF COUNTY
- - -ORDINANCE _.
NOTICE IS HEREBY GIVEN TO •
WHOM IT MAY CONCERN that on i
Wednesday, March 19, 1997 at i
10:00 AM at the Marathon Govern-
ment Center, 2798 Overseas High- '
way, Marathon, Monroe County,
Florida, the Board of County Com-
missioners of Monroe County, Flor
ida, intends to consider the adoption
of the following County ordinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
MONROE COUNTY-,_FLORIDA,
AMENDING ORDINANCE NO. 062-
1996 BY CHANGING THE AREA IN- i
CLUDED-IN THE-SAFETY'HARBOR
BOATING RESTRICTED AREA TO
ALSO INCLUDETHE NEAR SHORE,
WATERS ADJACENT,TO THE TOLL
' GATE SHORES SUBDIVISION,
LOWER MATECUMBE; PROVIDING
FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDI- ;
r NANCES INCONSISTENT HERE-
WITH; PROVIDING FOR INCORPO-
RATION INTO THE MON ROE
COUNTY CODE OF ORDINANCES;
AND PROVIDING AN EFFECTIVE
i DATE.
. Pursuant to Section'286.0105, Flor- ;
ida Statutes, notice is. given that if a `
person decided to appeal any,deoi-
sion made by the Board with respect
to any matter considered at such
Ihearings or meetings, he will need.a i
record of the proceedings, and that; i
'for such purpose, he rriay need to en- 4
sure 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 Feview at the
various public ,libraries in Monroe
County; Florida. __
Dated at Key West, Florida, this 20th ;
i day of February, 1997..-
DANNY L. KOLRAGE-Clerk of -the l .
^, Circuit Court and ex officio Clerk of
the Board of County. Commissioners
of Monroe County,
_February_23rd & March 2nd,.1997
Q.t,_C. c .
KB)JBST
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE;
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that lie is Advertising Manager of the Key West Citizen; a daily newspaper published
at Key West in Monroe County, Florida; that the attached copy of the advertisement, being
a legal notice
in the matter of XO Zt'ct_ O� 60(A^1�( 0V&4hCC
�� a - 1qa G � � (-�a►r bo r
in the n ) Ck- court, was published in said newspaper in the
issues of 2^d�i.g ''7
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) 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 nei-
ther 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 news-
paper.
nature of Affiant)
Sworn to and subscribed before me this —6 - day ofC'� 1997
4
( ignature of Notary ublic)
(Name of Notary Public)
Expires:q.,-Vt -
f ersonally Known __ or Produced Identification Teresa Gayle Darling
MY COMMISSION N CC585942 EXPIRES
September 17, 2OW
90NDED THRU TROY FAIN INIIUppNCf, INC.
Type of Identification Produced -- ----- "'
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, March 19, 1997 at
1 Q:00 AM at the Marathon Govern-
ment Center, 2798 Overseas High-
way, Marathon, M,)rroe County,
Florida, the Board #.,County Com-
missioners of Monroe County, Flor-
ida, intends to consider the adoption
of the following County ordinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 062-
1996 BY CHANGING THE AREA IN-
CLUDED IN THE SAFETY HARBOR
BOATING RESTRICTED AREA TO
ALSO INCLUDE THE NEAR SHORE
WATERS ADJACENT TO THE TOLL
GATE SHORES SUBDIVISION,
LOWER MATECUMBE; PROVIDING
FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDI-
NANCES INCONSISTENT HERE-
WITH; PROVIDING FOR INCORPO-
RATION INTO THE MONROE
COUNTY CODE OF ORDINANCES;
AND PROVIDING AN EFFECTIVE
DATE.
Pursuant to Section 286.0105, Flor-
ida Statutes, notice is given that if 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 of the proceedings, •and that,
for such purpose, he may need to en-
sure 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 20th
day of February, 1997.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex officio Clerk of
the Board of County Commissioners
of Monroe County, Florida.
February 23rd & March 2nd, 1997
PROOF OF PUBLICATION i
THE FLORIDA KEYS KEYNOTER
Published Twiceq�e�1
MARATHON, MONROE COUNTY, FLORIDA
'97 APR 17 A 1 :02
STATE OF FLORIDA )
COUNTY OF MONROE)
Tom Schumaker who on oath, says that he/she is
Before the undersigned authority personally appeared Y
Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of Intention
IN THE MATTER OF• To Consider ADoption County Ordinance — Safety harbor boating in the
Court was published in said newspaper in the issues of
March 1� 8i 122Z _�--
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- 11sL�pIN•tic•s<
paper has heretofore been continuously published in said MONROE COUN- no.9414300
TY. FLORIDA, twice each week (on Wednesday and Saturday) and has been coNs DER A INTEN
DOPTION OFO
entered as second class mail matter at the post office in MARATHON, in COUNTYORDINANCE
NOTICE IS HEREBY GIVEN TO
said MONROE COUNTY, FLORIDA, for a period of one year next preceding WHOM IT MAY CONCERN that
on Wednesday, March 19, 1997
the first publication of the attached copy of advertisement; and affiant fur- G ernm a.m. at the Marathon
Government Center, Ma athon
Over-
seas Highway, Marathon, Mon-
ther says that he has neither paid nor promised any person, firm, or corpo- roe county, Florida, the Board of
County Commissioners of Mon -
ration any discount, rebate, commission or refund for the purpose of secur- roe County, Florida, intends to
cortsider the adoption of the fol-
lowing lowing County ordinance:
ing this advertisement for publication in the said newspaper. (SEAL) AN ORDINANCE OF THE BOARD
OF COUNTY; COMMISSIONERS
OF,MONROECOUNTY, FLORI-
/ TH AMENDING ORDINANCE
NO. 062-1996 BY CHANGING
THE AREA INCLUDED IN THE
SAFETY HARBOR BOATING RE-
1 ING-FOR SEVERABILITY; PRO-
VIDING FOR THE REPEAL OF,
ALL ORDINANCES INCONSIS-I
MARY LOU SOLLBERCsER TENT HEREWITH; PROVIDING'
"May
COMM Exp. e/1 FOR INCORPORATION INTO
THE MONROE COUNTY CODE
(seal) r PMDBUG OOflded By Service by OF ORDINANCES; AND PRO-
NO- CC593377 VIDINGAN EFFECTIVE DATE.
1t `I�t Psnoiry Wfpya Pursuant at Section 286.0105,
even
'« J� (j OOnr 1 Q � Florida Statutes, notice is given
/ _ - that it a person decided to appeal
ti 12th any decision made by the Board
SWORI TO AND SUBSCRIBED BEFORIfME THIS with respect to any matter con-
_ sidered at such hearings or meet
ings,�he will need a record of the
pTcaedirrga, and that, for such.:
purpose, he may need to ensure
that a verbatim record of the pro-
ceedings is made, which record
DAY OF March A.D. 19� 9� �denceeupon thetestimony .ao� iris
to be based.
Ccfordinance
of the above-referencedhalerorvi
ordinance are available for review
Z'
at the various public libraries in
Monroe County, Florida.
Dated at Key West, Florida, this
20th day of February, 1997.
DANNY L KOLHAGE,
Clerk of the Circuit Court
and ex officio Clerk of the Board
of County Commissioners of
- MonroeCounty,Florida
Publish March 1, 8, 1997
Florida Keys Keynoter