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Ordinance 014-2023 ORDINANCE NO. 014 -2023 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 19-4 OF THE MONROE COUNTY CODE PROVIDING FOR REVISED TOLL RATES AND TOLL-BY-PLATE RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (BOCC) after discussion and public input at its March 21, 2018 meeting in Key Largo set the toll rate for the Card Sound Road at $.75 per axle for 2-axle vehicles; $1.00 per axle for vehicles with greater than 2-axles to be effective upon implementation of the all-electronic tolling (AET) system and directed for the rate to be adjusted annually in accordance with the Consumer Price Index (CPI); and WHEREAS, the BOCC adopted Ordinance No. 008-2018, which increased the rates and became effective upon the completion of the all-electronic tolling (AET) system on Card Sound Road; and WHEREAS, the BOCC adopted Ordinance No. 032-2019, which increased the toll rates by 2.1% in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy for Fiscal Year 20 (effective October 1, 2019); and WHEREAS, the BOCC adopted Ordinance No. 028-2020, which increased the toll rates by 1.2% in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy for Fiscal Year 2021 (effective October 1, 2020); and WHEREAS, the BOCC adopted Ordinance No. 015-2021, which increased the toll rates by 1.6% in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy for Fiscal Year 2022 (effective October 1, 2021); and WHEREAS, the BOCC adopted Ordinance No. 007-2022, which increased the toll rates by 8.5% in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy for Fiscal Year 2023 (effective October 1, 2022); and WHEREAS, due to increased administrative cost for the processing and collection of toll-by- plate customers, a separate toll-by-plate rate was added for these customers to offset the higher administrative cost effective October 1, 2022; and WHEREAS,the toll rates are being revised as set forth below pursuant to the BOCC's direction to adjust the rates annually in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy, which rose 5% over the last 12-months and which is rounded to the nearest dollar for consistency at each per axle and toll-by-plate rates; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: Section 19-4(b)(1) shall be amended to read as follows (added text noted in underlined text and deleted text noted in st+i et4-etig, text): (b) Toll schedule. (1) The following toll per axle schedule is hereby established for travel through the Card Sound Road and Toll Bridge Facility: 2-axle vehicle $.8-7 1.00 Vehicles of 3-axle or greater $444 1.28 Each Additional axle $444 1.28 Toll-by-plate 2-axle vehicle $4-4� 1.50 Vehicles of 3-axle or reater $4-74 1.92 Each Additional axle $4-.74 1.92 SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person,property or circumstances, such holding shall not affect its applicability to any other person,property or circumstances. SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 4: INCLUSION IN CODE OF ORDINANCES. 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: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes and shall be effective October 1, 2023 at 12:00 a.m. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the 21 st day of June 2023. Mayor Craig Cates Absent Mayor Pro Tern Holly Raschein Yes Commissioner Michelle Lincoln Yes Commissioner James K. Scholl Yes Commissioner David Rice Absent ' • BOARD OF COUNTY COMMISSIONERS �� s3 OF MONROE COUNTY, FLORIDA r m -r ` Mayor Pro Tem �r•'_~ '. KEVIN MADOK, CLERK 14/A1 MONROE COUNTY ATTORNEY By �/A �?"I� ►p q,1'Y�ntl 6 CHRISTINE LIMHERT-HARROWS J As Deputy Clerk ASSISTANT COUNTY ATTORNEY DATE. 6/6/23 rn C Q -71 2-: . " 14 The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-8025 legals@keysnews.com MONROE CO ENGINEERING ROADS & BRIDGES 1100 SIMONTON ST ROOM 2-216 KEY WEST FL 33040 Account: 419670 Ticket: 3892062 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE COUNTY OF MONROE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 21, Before the undersigned authority personally appeared ter as at ma A.M.or as soon ,at the g y p y pp ter as the matter may be heard,at the Murray E. Nelson Government Center, 102050 Overseas Highway, Key Largo, Melinda Prescott who on oath says that he or she is Florida,the Board of County Commis- sioners of Monroe County, Florida, in- tends to consider adopting the follow- The legal advertising representative of the Key West Citizen,a five day news- ing ordinance: paper published in Key West, in Monroe County, Florida;that the attached copy AN ORDINANCE OF THE MONROE of advertisment, beinga legal notice in the matter of Revised Toll Rate was COUNTY BOARD COUNTY COM- g MISSIONERS AMENDING SECTION 19-4 published In said newspaper In the Issues Of: OF THE MONROE COUNTY CODE PRO- VIDING FOR REVISED TOLL RATES AND TOLL-BY-PLATE RATES;PROVIDING FOR Saturday, May 27,2023 SEVERABILITY,PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR INCORPO- Affiant further says that the Key West Citizen is a newspaper published in Key RATION INTO THE MONROE COUNTY West, in said Monroe County, Florida and that the said newspapers has hereto- CODE OF ORDINANCES;AND PROVID- fore been continuously published in said Monroe County, Florida Tuesday thru ING FOR AN EFFECTIVE DATE. Saturday weekly,and has been entered as periodicals matter at the post office in The proposed ordinance may be in- spectedKe West, in said Monroe County, Florida,for period of 1 year next recedin County e the public at the Monroe y y p y p g County website by viewing the agenda the first publication of the attached copy of advertisement;and affiant further says packet for the June 21,2023 meeting, that he or she has neither paid nor promised any person,firm or corporation any which will be posted beginning on June 9,2023 at:http://monroecountyfl.igm2. discount, rebate, commission or refund for the purpose of securing this advertise- com/citizens/default.aspx. The ordi- ment for publication in the said newspaper. nance may also be viewed at the Mon- roe County Attorney's office at 1111 12 th St.Ste.408 Key West,FL 33040. The public can participate in the June 21,2023 meeting of the Board of Coun- ty Commissioners of Monroe County, FL by attending in person or via Zoom. The Zoom link can be found in the agenda at http://monroecountyfl.igm2. com/citizens/default.aspx. (Signature ofAffiant) ADA ASSISTANCE: If you are a person with a disability who needs special Affirmed and subscribed before me this 30th dayof May 2023 accommodations in order to partici- pate in this proceeding,please contact the County Administrator's Office, by phoning(305)292.4441, between the hours of 8:30a.m.-5:00p.m., prior to the scheduled meeting;if you are hear- ing or voice-impaired,call "711". Live (Notary Public Signature) Closed-Captioning is available via our web portal @ http://monroecounty- fl.igm2.com/Citizens/Default.aspx for Laura M Robins meetings of the Monroe County Board (Notary Public Printed Name) of County Commissioners. Dated at Key West, Florida,this 17 th My commission expires 9/26/2026 day of May,2023. (SEAL)KEVIN MADOK,Clerk of the Cir- Personally Known X Produced Identification_ cuit Court and Ex Officio Clerk of the Type of Identification Produced (Notary Seal) Board of County Commissioners of Monroe County,Florida IV.;ar P�Fr�lu1�� N ,Irwetl� 05/27/23-KWC Sb&mK 419670 3892062 yw r�l'1�'�ry ro7rrm iiasGazn M�'hk��GM i HIWi d npi eu 9s2P2d]2f' W xns NEE JKL v=L Published Weekly Maarai:hcan,Monroe County,Florida PUBLICATIONPROOF OF C C3t SK)E:R STATEF FLORIDA AtrOPTIONYDF t;tatuN Y ORDINANCE COUNTY OF MONROE NOTICE 15 HEREBY GIVEN TO Before the undersigned authority drPa)Mfl MAY CONCERN hat, onJunp 21,2023,at 9WA, ,or personally appeared JASO KOLER who ar soon thereafte,ras the matrpf may be herd,at the Murray on oath, says that he is PUBLISHER of F. Nelson Government Center, the WEEKLY NEWSPAPERS, as weekly 102.00rawemessHrytrwayalKry Largo,Ffaar fa,the fl6 and of C'owrty newspaper published in Marathon, in Conrrsuassionersof Mon roe comA Monroe County, Horidaa: that the Florida,intends to consider az rtatngtlhefallowin ordinance;attached copy of advertisement was ANORt'aWANCEO NEMON,RtaE uabCished in spud newspaper in the COUNTYBOARDOFCe�lN7Y p p p COMMISSIONERS IONERS AMENDING issues of:(daate(s)of publication) SECTION 19.e FTHt, NROE C C'a9Jtriry CODE RROVICANG FOR C REVISED TOLL RAMS AND1'CA,t, Rt 1oLMERAU PROVIDING FOR, RAMLIT L OVI REPEAL A CES NNCCat 54STEN`r HEREWFFHa, PROVIDING FOR WC(WORA,nON Affiant further says that thesaaid WEEKLY INft)THE fltIC7ia OECOLWYCODE E Sp pEFl a is nevus er ltubdished OFt'rilnoi NCES;ANDPROVIDWG p p FOR ANEFFEC WE DATE. t Marathon, in said Monroe County, The.proposed ordinanaemay Florida,and that thesaid newspaper has the Monroe tayttae Naebsftblic at the GNtsnrcrt�Cararut w�bs6te by heretofore been continuously published u6ewPngthea, nr packet forth June 21,202R rneeting,wits h w1il In said Monroe County, Florida, once rx posted.tregtnnirsg onAkne9, each week (can Thursday) and been d has b `023at littrrJfinonroecountyft, y ignra2.anrraJcitizers/defatult.asRx, qualified as a second class mail matter at T4orditance may also beviewed the cast office in Marathon, in Monroe office at111112thSt,$tn roe County tt«rrreKe p creRwrt at"I111 124hr„aC"�Ra CC9Slt"ey County,Florida,for as period of one year we^t,Ff 33040, next recediin_, the first publication of rfane21, 023man eetingpreceding arf that, the attached copy of advert isernent"The Rnretnt:ccurrtyCcarrrt¢fasirrrrersrtf MonroeCounty,ftbysrftending affient further says that he has neither 9n persorr orvia Zoorn Dw.Zoom paid nor promised any person,fBrrn, or, link"ain be found Intrwag anrlaat frttlzr//uaarrrzecc�rntyfr,irRpra2n,"mu corporation any discount, rebate, c1 i7ens/defantt.asf,a.ADAA : uarea cornrnission or refund for the purpose of person :E:Ityrf who p � �fa�srreu with a dis;a6aaRt�who securing this advertisement for needs special accommodations n order to participate in th, publication in the said newspaper(s)and parcee chns,please contact the Y !"p-?g'C`5.._. f� CaaarAy Admi istrartor''s Ofte by, that: �` e �,.. .__N 5..� eS�JB� a yUrranunaldlJhi242Sp,Vkwamat mmP..L,atm W i-th._—.C1 atp eL 59_Cif the hods of8 0 rm--"i;ti0p,rrs, r rrhortortle » �rc aner9aledrnc Eiortarf; d rnd . ttt aqua ttr' d ... ---°'��-- yuurraarr Vue;arWnMt+nrw¢aNrerrcrutaa&reaV, °aid r1 t'° Lev(CNsedt rµk3rmrna ; r <av,a1lableviaourwelapstrUiO o_. iwmRaatnrocrnrczanraty�Gcgnre,C.r�am�d' CPtGzens✓Defarslt.aaspx for meetings .., of the Monroe CnrintyBoaandaR Sworn o and subscribed or Datedatrsrsrrroussa,Faer� � raaac d at ray wee Ffnlada„thia M I Tth day of Friary,2C 13, y KEVIN MAfDbK,Clerk of the Circuit' (Sli�aL.) Court and Ex OfficIo ClerkAf the Board of County t.aalracxalWonersraf'Monroe 1 Ount�r N"frame I'rafntlusNu, Notary may,2E"a1y,2E IbeW p0dy4ewspapers wf"°Vic; TERRY PATTd RSCdM1I Y ComMISSION HFi 199834 EXPIRES:Decentber t"T,2025 Banded Thru Notary Public Underwriter, GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN July 14, 2023 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is a copy of Ordinance No. 014-2023 of the Board of County Commissioners of Monroe County, Florida, amending Section 19-4 of the Monroe County Code providing for revised Toll Rates and Toll-by-Plate Rates; providing for severability; providing for 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, held in formal session, on June 21, 2023. Should you have any questions please feel free to contact me at(305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court& Comptroller& ex-officio to the Monroe County Board of County Commissioners by: Liz Yongue, Deputy Clerk cc: County Administrator County Attorney MuniCode BOCC File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 irr ' pw' I FLORIDA DEPARTMENT Of'STAT'E" RON DESANTIS CORD BYRD Governor Secretary of State August 3, 2023 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Liz Young Dear Kevin Madok, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 014-2023, which was filed in this office on August 2, 2023. Sincerely, Anya Owens Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270