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Ordinance 024-1997ORDINANCE NC 12 4_ 1997 AN ORDINANCE CREATING A BOATING RESTRICTED AREA (SLOW SPEED/MINIMUM WAKE ZONE) FOR THE BOOT KEY HARBOR AND SISTER CREEK AREA, MARATHON; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT bF ENVIRONMENTAL PROTECTION HARMLESS FROM ANY LIABILITY INCURRED FROM THE NEGLIGENT POSTING 'OF BOATING RESTRICTED MARKERS; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING, FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL- ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR,-.F� INCORPORATION INTO THE MONROE COUNTY CODE; -AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the navigable waters of Boot Key Harbor, Sister Creek, and contiguous canals, channels, and creeks as described in Exhibit A, are a common route for numerous boaters and the harbor is a heavily used anchorage, creating a dangerous situation where boats move at high speeds in an area with many anchored boats and limited space; and WHEREAS, in order to protect the public health and safety, the Board of County Commissioners of Monroe County has determined that it is necessary to create a boating restricted area (slow speed/minimum wake zone) in the area shown in Exhibit A; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Definitions. a) "Slow speed/minimum wake" means that a vessel must be fully off plane and completely settled into the water. It must not proceed at a 1 speed greater than that speed which is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condition under the existing circumstances. A vessel that is: 1) operating on a plane is not proceeding at slow speed/minimum wake; 2) in the process of coming off plane and settling into the water or coming up onto plane is not proceeding at slow speed/minimum wake; 3) operating at a speed that creates a wake which unreasonable or unnecessarily endangers other vessels is not proceeding at slow speed/minimum wake; 4) completely off plane and which has fully settled into the water and is proceeding without wake or with minimum wake is proceeding at slow speed/minimum wake. b) "Vessel" is synonymous with boat as referenced in Art. 7, Sec. 1(b), Fla. Const. (1968), and includes every description of watercraft, barge and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on the water. No person shall operate a vessel in the Slow Speed/Minimum Wake boating restricted area at a speed in excess of slow speed minimum wake. The boating restricted area is hereby established to be all waters within the area described in Exhibit A. A map reflecting the boundaries of the boating restricted area shall be available at the Monroe County Department of Marine Resources. 2 Section 3• SlowSpeed/Minimum Wake Markers, The Slow Speed/Minimum Wake boating restricted area described in Exhibit A shall be marked on the waters with uniform regulatory markers in accordance with applicable state and federal laws and regulations. Section4L Hold Harmless Agreement Authorized As a condition for the issuance of a permit from the Division of Law Enforcement of the Department of Environmental Protection (hereinafter "Department") for the Slow Speed/Minimum Wake boating restricted area described in Exhibit A, the County hereby consents and agrees to hold the Department harmless from fault with respect to any claim or claims arising from alleged negligence in the placement, maintenance or operation of the Department -approved markers. The Mayor is authorized to sign and execute an agreement to that effect with the Department if required by the Department's rules or procedures. a) Any person cited for a violation of this ordinance shall be deemed charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court. Citations shall be issued pursuant to Sec. 327.74, Fla. Stat. (uniform boating citations) by any law enforcement agency authorized to issue such citations. The civil penalty for any such infraction is $50, except as otherwise provided in this section. b) Any person cited for an infraction under this section may: 1) Post a bond, which shall be equal in amount to the applicable civil penalty; or 2) Sign and accept a citation indicating a promise to appear. 3 The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty. c) Any person who willfully refuses to post a bond or accept and sign a summons is guilty of a misdemeanor of the second degree. d) Any person charged with a noncriminal infraction under this section may: 1) Pay the civil penalty, either by mail or in person within 10 days of the date of receiving the citation, or 2) If he has posted bond, forfeit bond by not appearing at the designated time and location. If the person cited follows either of the above procedures, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of commission of the infraction. Such admission shall not be used as evidence in any other proceedings. e) Any person electing to appear before the county court or who is required to appear shall be deemed to have waived the limitations on the civil penalty specified in subsection (a). The county court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the county court may impose a civil penalty not to exceed $500. f) At a hearing under this chapter the commission of a charged infraction must be proved beyond a reasonable doubt. g) If a person is found by the county court to have committed an infraction, he may appeal that finding to the circuit court. �- 10 • _ T-o• • This ordinance shall not apply in the case of an emergency or to a patrol or rescue craft. M Section 7. 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 g. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 9, 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 10. A copy of this Ordinance shall be filed with the Secretary of State, State of Florida, but shall not take effect until the Slow Speed/Minimum Wake boating restricted area is approved by the necessary state and federal agencies. 5 This ordinance establishing a slow speed/minimum wake zone for the Boot Key Harbor and Sister Creek area was PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 18 th day of June , A.D., 1997. Mayor Douglass yes Mayor Pro Tem London yes Commissioner Harvey Commissioner Freeman absent Commissioner Reich yes i` BOARD OF COUNTY COMMISSIONERS T'-Danny L. Kolhage OF MONK E COUNTY, FLORIDA ByamUO &JQUn By 14* Deputy Clerk Ma EFFECTIVE DATE on EXHIBIT A f Emma1� I lid•. ............. ............ _• ,: � 1 ` s Goumrp vs '~ 7lannp 1. I totjagt BRANCH OFFICE CLERK OF THE CIRCUIT COURT 3117 OVERSEAS HIGHWAY MONROE COUNTY MARATHON, FLORIDA 33050 500 WHnEHEAD STREET TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 FAX (305) 289-1745 TEL. (305) 292-M50 FAX (305) 295-,WO July 3, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws The Elliott Building 401 South Monroe Street Tallahassee, FL 32399-0250 Dear Mrs. Cloud: BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Enclosed please find certified copies of Ordinance Nos. 022- 1997 through 027-1997, which are self-explanatory. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on June 18, 1997. Please file for record. Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C. DeSantis. _a"A C. Deputy Clerk cc: Municipal Code Corporation, 022, 023, & 024-1997 County Administrator County Attorney Finance Director, 022-1997 Community Services Director, 023 & 024-1997 Growth Management Director, 023, 25, 26, & 27-1997 Public Works piredtor, 022-1997 ✓File Z 39L 367 737 Receipt for Certified Mail No Insurance Coverage Provided u.,Ms-'s Do not use for International Mail • (See Reverse) co t O O cO co LL rA LL Sent to G i'e� Liz G/aced SImet and 'LI YA d SENDE : I also wish to receive the •Complete items 1 and/or 2 for additional services. (for cell w ■Complete items 3, 4a, and 4b. fOMOWi ng �ryi�e (4 d ■ Print your name and address on the reverse of this form so that we can return this extra fee):card to you. t d ■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑:.Addressee's Address � t 0 permit. 1 ■write'Retum Receipt Requested' on the maNpiece below the article number. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date T, delivered. Consult postmaster for fee. i G 3. Article Addressed to:..M1 4a. Article Number i Lors. , z. C/6' C'A Z 39 to 347 ­7z E CL /7� /4b. Service Type t�ct.rc �al(v AV SrW� ❑ Registered 12/iCertifled CC a / aws ❑ Express Mail ❑ Insured S �� C/// ,L. f. �/ _ yQ ❑ Retum Receipt for Metdtendise ❑ COD g L t 7. ate of alive { w /rJo�roe S't:�.�. 323 9 DES � � 5. Rec)kd By: (P nt erne) • S,Addressee's Address (only if requested �Y and fee is paid) g 6. Signature: (A ;as or, nt) { i. X; ' I i I' f PS For, 3811, December 1994 (} Domestic Retum Receipt 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 Flections Division of I listorical Resources Division of Library and Information Serviaw Division of licensing FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS July 9, 1997 Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: MEMBER OF THE FLORIDA CABINET Historic Florida Keys ['reservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tampa/Hillsborough County Preservation Board Ringling Museum of Art Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter dated July 3, 1997, and certified copy each of Monroe County Ordinance Nos. 97-22, 97-23, 97-24, 97-25, 97-26, and 97-27, which were filed in this office on July 8, 1997. Sincerel , 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 9 E-Mail: election@iiiail.dos.state.. l.us NNW MUn:CIFAL CODE CORPORATION � pP4 ,5r aer services PCB t=- 2235 13113h35see, Fl 32316-2235 - sappiesent 63 we h9ve received the following material. Thane for your assistance and cooperation. IJos, 022-1997, 023-1991 and 24 1a;, we didn't receive Ordinance HOS. as aentioned in yoifr thfu fj, -1997 lei, e ------------ JUL 11'9T m•� a ; •�� �. 2 METER �' \FLp'' PB.86122` TO: hr. Danny L. tiolhage cierk of the Circuit Court nonroe County! FI 50+1 Whitehead Street Key Westi FL KOO ;;SK +?5 ABOtlT IMA6NNh�h�i6ReCcoNTS V151: our hooepageattRuY4auniod� •3 vour er,�inances toat�� i��i�i+ii��i���f 04i{{Er 0.6/''C (' Published Daily Key West, Monroe County, Flori(lc-► 33040 STATE OF FLORIDA COUNTY OF MONROE, Before the undersigned authority personally appeared handy G. Erickson, who on oa(h says that he is Advedising Manage) of the Key West Citizen, a daily newspaper published at Key West in Monroe County, F lorlda; That Iho a(( achod copy of the advertisement, being a legal notice in the matter of AJA et ©C �r ,' (o� �� »y i&r 9rre ltd in the — issues of 4- court, was published in said newspaper in the 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. Sworn to and subscribed before me tlar , day of _ Personally Knowrl or Produced Idcnllficallorl W of idc nllfrc,;lllcirl 11(oduc;c d (Signa(ure of Affianl) 1997 (Signature of Notary Public) (NaMe of Notary Public) Teresa Gayle Darling MY COMMISSION # CC%%42 EXPIRES a September 17, 2000 'f,' ow BONDED TNRU TROY FAIN INSURANCE, INC. NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY ORDINANCE NOTICE.%Plo HEREBY GIVEN, TO I WHOM` iT MAY CONCERN that on Wednesday, June• 18th, ' 1997 at 111:00 AM at the Marathon Govern- tent Center, 2798 Overseas High- I way, Marathon, Monroe County, i Florida, the Board.of I ' I County .Commissioners of Monroe k County, Florida, intends to consider ,the adoption of.the following County Vordinance: ; AN ORDINANCE CREATING A BOATING RESTRICTED, AREA' (SLOW SPEED/MINIMUM WAKE ,ZONE) FOR THE BOOK KEY HAR- BOR AND SISTER CREEK AREA, MARATHON; PROVIDING FOR i, DEFINITIONS; PROVIDING THAT r MONROE COUNTY AGREES TO HOLD HARMLESS THE FLORIDA DEPARTMENT OF.ENVIRONMEN- i , TALPROTECTION FROM ANY'LIA- BILITY INCURRED FROM THE-•, NEGLIGENT POSTING OF BOAT- ING RESTRICTED MARKERS; • '- ' PROVIDING.FOR PENALTIES -FOR I VIOLATIONS; PROVIDING FOR EX- + (' EMPTIONS;. PROVIDING FOR.SEV- i .ERABILITY PROVIDING FOR THE i REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PRO- VIDING FOR INCLUSION INTO THE . MONROE..COUNTY CODE OF OR- DINANCES; AND-PROVIDING-AW i EFFECTIVE DATE. Pursuant to Section 286.0105,--Floc- . ida Statutes, notice is given that if'a f person decided to appeal any I deck sion made by the Board with respect ' to any matter considered at such i hearings or meetings, he will need a record of the proceedings, and that, j foe such purpose, he may need to en- sure that a verbatim record of the, i proceedings is made, which record includes the testimony and evidence `4u�on='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 May, 1997. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex off icio Clerk of the -Board of County Commissioners of Monroe County, Florida. . April 25th & June 6th, 1997.__ _ 6 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 5/29 and 6/5/97. 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 afiant 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 advertisement for publication in th`said newspaper. SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 5TH DAY OF TUNE A.D. NOTARY PUBLIC O�ARy pie OFFICIAL. NOTARY 4a AL �� KAREN E CUSHMAN Z n COWMUM NUMBER MY COMMISSION EXPIRES: < CC647920 MY COMMISSION EXPIRES OF ud, AUG. 29,1998 NOTlcE of IN pmom TO COI ft A13(I&M OF CbUN'tY OR1x NOTICE IS HEREBY GIVEN.-Ilb WHOM -IT MAY CONCERN that on Wednesday.. June 18, "7,,at 10:00 AM ,as the.Mar"042 Government Center: 2798 Overseas Highway, Marethbn. Monroe Coun- ty, Florida the Board of County C"ao�lntissioners of Monroe County, Florida, intepds to Consider the",adoption of tale followln$Oobzty ordi- nance: AN ORDINANCE CREATING A BOATING RESTRICTEDAREA (SLOW SPEED/MINIMUM WAKE ZONE) FOR THE BOOT KEY HARBOR 4kND SISTER CREEK AREA, MARATHON; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES i&iiQLD HAW&M THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FROM ANY 'LIABItITY IN- CIJRRED FROM" CHE NEGLIGENT POSTING OF BOATING RE- TIONS; PROVIDING FOR EXEMPTIONS; PROVIDING`FOR SEVERABUf IW;PROVIDINGFORREPEAL OFALLORDINANCES INCONSISTENT HEREWITH;SFOVIDINGFORiNCORPORATiON INTO THE MONROE COUNTY CODE; AND PROVIDING AN EF- FECTIVE DATE. Pursuant to Section 286 110-'% Florida Statutes, Mice is given that if a person decided to appeal a" deal" rradcby the Board with respect to any matter considered at such hearing or meeting, he will need a record of the proccediags. and that. for such purpose, he may need to ensure that a verbatim record of the proceedings is made. which record.inchtdes the testimony and evidence upon which die -appeal is eo be:based. " Copies of the abo vo-tzference 4 ordinance me asaiGlilt for review afthe various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 20tb day of May, 1997.' DANNYI::KOLHAGE Clerk of.the Chadt Court' ' and err officio Clerk of the Board of County ComtPissioners of Monroe County, Florida Published:5/29 and 6/5/97 The Reporter Tavernier FL 33070 ; n ... KE3)?3WF;ST Bc�_ (_- Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE; Before the undersigned authority personally appeared Bandy 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 the attached copy of the advertisement, being a legal notice in the matter of No CQ � 1 r1fe ntrjn � hC'�C� �1� V�P Si I C e d CL(, in the — issues of court, was published in said newspaper in the 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. Sworn to and subscribed before me this 1 3. Expires- Personally Known.____ or Produced Identification type of Idenlific;alion Produced signature of Affiant) 1997 �Signqat re oy Nl CN—a— e of Notary Puk lic) ,,.... i Teresa Gayle Darling :.. .: MY COMMISSION # CC5K942 EXPIRES ?x. d Septembu 17, 2000 BONDED THRU TROY FAIN INSURANCE, INC. s ti - NOTICE OF INTENTION TO CON- SIDER A(;.OPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, June 18th, 1997 at 10:00 AM at the Marathon Govern- ment Center, 2798 Overseas High- way, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe j County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE CREATING A BOATING RESTRICTED AREA (SLOW SPEED/MINIMUM WAKE ZONE) FOR THE BOOK KEY HAR- BOR AND SISTER CREEK AREA, MARATHON; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO HOLD HARMLESS THE FLORIDA DEPARTMENT OF ENVIRONMEN- TAL PROTECTION FROM ANY LIA- BILITY INCURRED FROM THE NEGLIGENT POSTING OF BOAT- ING RESTRICTED MARKERS; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR EX- EMPTIONS; PROVIDING FOR SEV- ERABILITY: PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PRO- VIDING FOR INCLUSION INTO THE MONROE COUNTY CODE OF OR- DINANCES; 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 upw w11I0h the 0 9" is to be based. . Copies of the above -referenced ordi= nance are available for review at the v9dous public libraries in Monroe County, Florida. Dated at Key West, Florida, this 20th day of May, 1997. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida. June 6th & 13th, 1997 PROOF OF PUBLICATION 'T '-A- . THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA 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 to IN THE MATTER OF: Consider Adoption of County Ordinance RE: Boating area etc. .: the Court was published in said newspaper in the issues of May 24, 31, 1997 --------------- Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- paper has heretofore been continuously published in said MONROE COUN- TY. FLORIDA, twice each week (on Wednesday and Saturday) and has been entered as second class mail matter at the post office in MARATHON, in said MONROE COUNTY, FLORIDA, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant fur- ther says that he has neither paid nor promised any person, firm, or corpo- ration any discount, rebate, commission or refund for the purpose of secur- ing this advertisement for publication in the said newspaper. (SEAL) -. FBARBARA NI. VOSBURGH (seal) My Comm Exp. 4/13J2001 OTAR o �+ PUBLIC > Bonded By Seance Ins No. CC638502 I Persoealiy Known I I Other I.D. SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th DAY OF June -/i_— M A.D. 19 no. 57ii100 NOTICE OF INTENTION TO 4 CONSIDER ADOPTION OF j COUNTYORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERNthat on Wednesday, June 18, 1997-, at 10:00 AM at -the. Marathon Government Center, 2798 Over- seas Highway, Marathon, Mon- roe County, Florida, the Board of County Commissioners of Mon- roe County, Florida, intends to consider the adoption of the fol lowing County ordinance: AN ORDINANCE CREATING A BOATING AREA (SLOW SPEED/ MINIMUM WAKE ZONE) FOR THE BOOT KEY HARBOR ANDI SISTER CREEK AREA, MARA- i THON' PROVIDING FOR DEFINI-1j' TIONS; PROVIDING THAT MON= ROE COU NTYAGREES TO HOLD, HARMLESS THE FLORIDA DE-1 PARTMFNT r)F ENVIRONMEN- LIABILITY 'INCURRED FROM, THE NEGLIGENT POSTING OFI BOATING RESTRICTED MARK-; ERS; PROVIDING FOR PENAL- TIES FOR VIOLATIONS; PRO- VIDING - FOR EXEMPTIONS;� ;--PROVIDING FOR-SEVERABILI TY; PROVIDING FOR THE RE- PEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PRO- VIDING FOR INCORPORATION, INTO THE MONROE COUNTY' CODE OF ORDINANCES; AND PROVIDING `AN EFFECTIVE. I DATE. I Pursuant to Section 2'86.0105,. Florida. Statutes, notice is. given " that if's person decided to appeal any decision'made by the Board with respect to any matter con- siderea at such hearings or meet- ings, he will need a record of the? proceedings_ and that, for such purpose, 'he may need to ensure i that a verbatim record of the pr0-1 ceedings is made, which 'record, includes the testimogy and evi dence upon which the appeal is' to -be based. Copies of the above -referenced, f ordinance are available for review at the various public libraries in' Monrce County, Florida. Dated at Key West, Florida, -this i I 20th day of May, 1997. 9 DAN NY L KOLHAGE, I Clerk of the Circuit Court, I and ex officio Clerk of the Board. :of County Commissioners of, k Monroe County, Florida, PublFlorid h May Keynoter not 1997 Florida Keys Keynoter