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Ordinance 052-1996Marine Resources ORDINANCE NO. 052 -1996 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 034-1996 BY EXCLUDING FROM THE VACA CUT BOATING -r RESTRICTED AREA THE AREA SUBJECT TO THE REGULAA)RY.: = JURISDICTION OF THE CITY OF KEY COLONY BEACH; PROVIIS_N FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF.7: RAtL' T ORDINANCES INCONSISTENT HEREWITH; PROVIDING - 6R-- INCORPORATION INTO THE MONROE COUNTY CODE, ---OF. ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE r Vi = ,w« BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Vaca Cut 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. 034- 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.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 or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. 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. Section 5. 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 19thday of September , 1996. Mayor Freeman Mayor Pro Tem London Commissioner Harvey Commissioner Douglass Commissioner Reich (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk yes APPROVED AS TO FARM absent A 1 1' AL S FIQE yes B yes ROBERT N. W DATE I BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B Mayor/ airman Exhibit A Vaca Cut Slow Speed Minimum Wake Zone Slow Speed Minimum Wake Zone - 13 7/ 7 \,6 5 /ky`-5- 7 6 7 6 9 Co 8 7 7 6 Co 7 , ky, i 0 �-- 6 7 / $ 9 10 � 61 7 l 7 rky s rky 10 fitirrup He 4p 9 7 8 8 0 3 ,,e� 6 ; 8 ¢rya- 8 9 7 6 7 e' 6 2 4 M 6 5 w I 8 $ 7 i, ► 6 3 ' ��` 7 �7 4 Co Co F 3 rr�t h i' , k 5 4 % 7 CO 7 5 6 h e r 3 2 4 l., o mop^ 8 ��c k 6 pta .��� y 7 �� 7 7 Airritri AERO�R�oa� I 8 �1"`' 7 7 FPO t .Jj`�'� " "�111p C� $3 ( 8 p 7 7 �r g 5 3JAAO 2) ::16, 2 jj U.S. H Y. No. 1 PA OVHD t: 4 1` r'�e r A"r /f N CAUTION Pipe 6 4 umerous tam�orar �,.'r I \ , �—-•ram 1 stakes mark y r privately j I I OVHUFV��iCAQS ///, maintained channels iy f�1I � ��Sewer 5 FIXEO OR //.......... s..area........................ ($ "OR CL 20 FT J 'r/ I M I I Cjr 6 VERT CL 4 FT °Pi s9� p1C�J 2 Z GrsM t3 nlcdt Plum Beach BLDG Dredged area 2 5 I I 1\/ Key Colo Beach- "'Tr 0?ote Bl -- + r� Mi 4J .. Obstr / "Pili� (see— 5 A 2 4 3 2 l ig7I �6Oredged Areaubm pile 7 / r 6 r� g 3 5 (see Hato a) 8 7 7 rky$ 6 - r 4 3 4 Scake r$ep rky 9 4/ 4 5 8 (1971)EO 12 9 7 7 6 7 12 I�-�`� g /'� 12 I S Co O I I BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 ��ouMrr 3`�JY ec wa`'4qTA V; SM ♦ t 1 Of �OUIIT'� wannpI. oCfjage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 October 8, 1996 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 NO OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 333= TEL (305) 852-7145 FAX (305) 852-7146 Enclosed pleased find certified copies of Ordinance Nos. 047 through 052-1996 which are self- explanatory. These Ordinances were adopted by the Monroe County Board of County Commissioners at Regular Meetings in formal session on September 18 & 19, 1996. Please file for record. Sincerely yours, Danny L. Kolhage Clerk of Circuit Court and ex ofiicio Clerk to the Board of County Commissioners By: Isabel C. DeSantis Deputy Clerk ec: Municipal Code Corporation - 050, 051, 052-1996 County Commissioners County Administrator Growth Management Director - 047, 048, 049, 051 & 052-1996 Florida Marine Patrol - 051 & 052-1996 Tourist Development Council, 050-1996 File a�)lA.raS 10ia3ad wnlaa bulsn jo; noA )jueyl v > m c U Q • U U m o a)o all 0� m m ❑❑ m o � m c O Cr 3 c Q ¢2LI fie to a In E la - O OD 0 ,-nCo � N❑❑❑t: m = S LD m3:19 1 C e �-4 =C �yS% �019L�§ I Rival.a♦ N.5 �m as co Lepls eeJGASJ eyt uo pqelduwo mop( al o- s; Z 259 910 199 Receipt for Certified Mail No Insurance Coverage Provided an,c-n- Do not use for International Mail (See Reverse) Zii Clea. C I• Sh e�end St tj and#jde Postage sz1 r Special Delivery Fee F16skrCted De4yery FYe Return Rec to Whom ITSed Return ._ ' in Date; � Ad 's A ss TOTAL sta + & Fees 1 PostfnarkDWtW o y 7 Z 396 282 904 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to • • w 2 Street app; 0' - A ^3S W(• P.O. Stat a d ZIP Cod za. 3 - 4 ,l. ♦� C � Postage r C Certified Fee t® Special Delivery Fee Restricted Delivery Fee Return Receipt Showing NIQY }, � .�7 to Whom & Date Delivered �C.l Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage & Fees Postmark or Date Ord. 99,044: dso, Is your RETURN ADDRESS completed on the reverse side? S aro ills g �.. ID ❑ 3 ❑ ❑ -4 m oe Om 0 a m m m 0 a m Q m �n n Thank you for using Return Receipt Service. DIVISIONS OF FLORIDA DEPARTMENT OF STATE Oflicc ul the Sccrclan D,,kwa „t Adnn,-trans Seniccs Divi.;uT of Y'nrporalions Di, i"on of Uulu ral Allier. 'Dn h,on of Flcct D--,n of th,wricll Rcsourccs Di,;sun, of Lihrar, and Inlonnati,n Seniecs Dici"on of Liccnn;ng MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS October 24, 1996 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: HISTORIC PRESERVATION BOARDS Historic Florida Key. Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tampa/H;llshorouph County Preservation Board RINGLING MUSEUM OF ART Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter dated October 8, 1996, and certified copy each of Monroe County Ordinance Nos. 96-47 through 96-52, inclusive, which were filed in this office on October 14, 1996. Sincerely, dl 5d" Liz Cloud, Chief Bureau of Administrative Code LC/mw BUREAU OF ADMINISTRATIVE CODE The Elliot B.Iai� #tk •6 4%kuth�vicihfm Stte'et • Tallahassec Florida 32399-0250 (904) 488-8427 FAX; ('9044 � ►fir Ao Tess ttp-./p/*vs�w.dos.st#{i,.it.us A Jail: election;ntvii..do6.state f7.ees MUNICIPA( TOPE COPFuRATION r�i' -3„r } , 32316-2235 We ,, e r?cer:ed the following material. Thank of foi your aEsistartre and cooperation. Ord:pinre Nos. 050--1996, 051-1996 and 052-1996. .-aa,;-2c. -CODE (National) LBJ SK US 0f) T 1MAWN6 AND .INDflIN5 YOUR ��OCI MEATS( l ( f Jisit our( omijageat itii, vwim nic e.aaomii i E-mail your ordinances to ordsRmail.municode.com s : J.S.PGSiAGE, OCT 17.96 ��4-1 61 P8kf TER FAA' .ss7224i 10: Ms. Ruth A. Jant:en L,eptit= Clerk. Mofu oe Coy+site: P9 Box 1980 k'.e) We=_t, Fl 33046 ill Ii iiii1i1 1 74 Rom=TH�-- P KEYS DAGNY WOLFF FOR OVER 20 YEARS NOW k PulHdior BOX 1197 • TA V E R N I E R, F LA. 33070 (305) 852-3216 FAX 852-8249 STATEMENT OF PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared JAMES RUBINO, who on oath, says that he is MANAGING 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 ADVERTISEMENT IN THE MATTER OF NOTICE OF INTENTION. IN THE _CIRCUIT— Court, was published in said newspaper in the issues of 8/22 & 8/29/96. 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 he 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 the said newspaper. — TO AND SUBSCRIBED BEFORE ME THIS _29TH DAY OF __AUGUST_ A.D. , 1996__ NOTARY PUBLIC MY COMMISSION EXPIRES: 0FR[�eVM[YL UrAKY Sc NOTARY PDMX STATE OF RAR OOMMISSM NO. CX2909'IS MY COKDAMWN OW. 2,1907 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on "Thursday, September 19, 1996, at 10:00 A.M. at the Marathon Govern- ment Center, 2798 Overseas Highway, Marathon, Monroe County, Flor- ida, the Board of County 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. 034-1996 BY EXCLUDING FROM THE VACA CUT BOATING RESTRICTED AREA THE AREA SUBJECT TO THE REG- ULATORY JURISDICTION OFTHE CITY OF KEY COLONY BEACH; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWI .'H; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision 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 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 15th day of August, 1996. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Published: 8/22 and 8/29/96 The Reporter Tavernier, FL 33070 i� u CC . G V J KE*VEST MT TIZ 'EN Published Daily Key West, Monroe Cunty, 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 the attached copy of the advertisement, being a legal notice in the matter of U t'C� C) IQ_QyrJ u)aYN( -P in the court, was published in said newspaper in the issues of 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. �qq ignature of Affiant) Sworn to and subscribed before me this cl'� day of CuLQ),",�J 1996 (Signature of Notary Public) (Name of Notary Public) Expires• � U � � Personally Known— Produced Identification "" NANCYE.CHER MY COMMISSION N CC 3tr V EXPIRES: March 9, 1W 0- :Af BMW Thm NoWr Public un&m t , Type of Identification Produced NOTICE, OF INTENTION TOCON- SItERADOPTION OF COUNTY ORDINANCE NOTICE .IS. HEREBY. GIVEN TO WHIOM IT MAY CONCERN that on Thursdajt, September 19, 1996 'at ; 10:00 a.m. at the Marathon Govern- ment Center, 27" Overseas High- way. Marathon, Monroe County, Florida intends to consider the adop tion of the following County ordi- nance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING ORDINANCE N0.034- 1996 BY EXCLUDING FROM THE VACA CUT BOATING RESTRICTED AREA THE AREA SUBJECT TO THE REGULATORY; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDI- NANCES INCONSISTENTHERE- WITH; PROVIDING FOR INCORPO- RATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFEC- TIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to ap- peal any decision made by the Board. with respect to any' matter consid- ered at such hearings or meetings, he will need a record of the proceed- ings, and that, 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 ordi- nance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, this 1Sth day of August, 1996. DANNY:L. KOLHAGE, Clerk of the Circuit Court and ex otficio Clerk of the Board of County Commissioners of Monroe County, Florida. August lath & Seotember'1 st, 1996 PROOF -OF PUBLICATION r THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared Tim Schumak- who on oath, says that he/she is Publisher of the FLORIDA KEYS KEYNOTER, a trice weekly newspaper published at MARATHON, in MONROE COUNTY. FLORIDA; that the attached copy of advertisement, being Legal Notice IN THE MATTER;OF: Intention to Consider County Ordinance RE: emend OS4-1996 in the f Cburt was published in said newspaper in the issues of N Auuguust 24; 314 1996 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 see reverse side entered as second class mail matter at the post office In MARATHON, In said MONROE COUNTY, FLORIDA, for a period of one year nest preceding z the first publication of the attached copy of advertisement; and afflaat fur` then 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) 00 r, w o U'f x (seal) SWORN TO AND SUBSCRIBED BEFORE ME THIS Sth DAY OF September A.D. 19 96 118 Legal Notices no.7276500 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Thursday, September 19, 1996, at 10:00 a.m. at the Mara- thon Government Center, 2798 Overseas Highway, Marathon„ Monroe County, Florida, the Board of County Commissioners of Monroe County Florida, in- tends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS61ONERS OF MONROE COUNTY, FLORI- DA, AMENDING ORDINANCE NO. 034-1996 BY'EXCLUDING FROM THE VACA CUT BOATING RESTRICTED AREA THE AREA SUBJECT TO THE REGULATORY JURISDICTION OF THE CITY OF KEY COLONY BEACH; PROVID- ING FOR SEVERABILITY; PRO- VIDING FOR THE REPEAL OF ALL ORDINANCES INCONSIS� TENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PRO- VIDING FOR AN EFFECTIVE DATE. - Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter con- sidered at such hearings or meet- ings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the pro- ceedings is made, which record includes the testimony and evi- dence 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 KeyyAVest, Florida, this 15th day of August, 1996. DANNYLKOLHAGE, ClerK of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe -County, Florida Publish Aug. 24, 31, 1996 Florida Keys Keynoter ti KEY%ES't TIZEN 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 the attached copy of the advertisement, being a legal notice n in the matter of ,J l% r-e- d} )-h ?4A � I U4,CK 6A &521(iY %&I area in the -- ) court, was published in said newspaper in the issues of Au4u4 lack G 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- papjK. Ez .— LJ � i rJ1 a.. c C=7 (Signature of Affiant) Sworn to and subscribed before me this day of 1996 (Signature of N tary Public) t7 (Name of Notary Public) Expires """" TeresaG&*Daft Personally Known _ or Produced Identification;; WCOWASSM# W585MDWIM � eoNOEo nwu 7rtor FAIN MOM,eIC, Type of Identification Produced a LEGAL NOTICES NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MsY CONCERN that on Thursday, S(-)tember 19, 1996 at 10:00 a.m. at the Marathon Govern- ment Center, 2798 Overseas High- way, Marathon, Monroe County, Florida intends to consider the adop- tion of the following County ordi- nance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING ORDINANCE NO.034- 1996 BY EXCLUDING FROM THE VACA CUT BOATING RESTRICTED AREA THE AREA SUBJECT TO THE REGULATORY; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDI- NANCES INCONSISTENT HERE- WITH; PROVIDING FOR INCORPO- RATION INTO THE MONROE COUNTY ND O PROVIDING F ORDINANCES� AFOR AN EFFEC- TIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to ap- peal any decision made by the Board with respect to any matter consid- ered at such hearings or meetings, he will need a record of the proceed- ings, and that, 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 ordi- nance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, this 15th AaFafA'uqust, 1996. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida. August 25th & September 1st 1996