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Item P2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 16, 2008 Division: County Administrator Bulk Item: Yes _ No x Department: County Administrator Staff Contact Person/Phone #: Connie Cyr 292-4441 AGENDA ITEM WORDING: A Public Hearing to consider approval of an ordinance repealing Ordinance No. 22-2001 of the Monroe County Code regarding Art in Public Places. ITEM BACKGROUND: At the July 2, 2008 BOCC Special meeting the Board gave direction to staff to repeal Ordinance No 22-2001. PREVIOUS RELEVANT BOCC ACTION: On May 16, 2001, the Board approved of Ordinance No. 22-2201, Art in Public Places program. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty DOCUMENTATION: Included DISPOSITION: Revised 8/06 OMB/Purchasing x Not Required Risk Management AGENDA ITEM # No ORDINANCE NO. — 2008 AN ORDINANCE REPEALING Ordinance No. 22-2001; PROVIDING FOR ELIMINATION OF THE ART IN PUBLIC PLACES FUNDING ELEMENT OF PUBLIC CONSTRUCTION AND RENOVATION PROJECTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 16, 2001, Monroe County enacted an Art in Public Places program through Ordinance No. 22-2001; and WHEREAS, said ordinance specified that the funding for art in new construction and renovation projects would apply only if the project costs exceeded $500,000 and $100,000, respectively; and WHEREAS, numerous hurricanes affecting Florida in 2004 and 2005 and a number of natural disasters and terrorist attacks throughout the nation and the world since May 16, 2001, have significantly increased construction costs to the extent that many projects envisioned at the time the ordinance passed as being under the applicable minimum have or will become subject to the ordinance; and WHEREAS, there was never any intention of funding art in public facilities seldom, if ever, visited by the general public; and WHEREAS, the State legislature, in 2007 and 2008, has limited the collection of ad valorem taxes by local governments; WHEREAS, many other factors have contributed to the County having very limited financial resources to operate and to build and maintain public facilities; and WHEREAS, it is deemed important that any future Art in Public Places program provide safeguards against funding in facilities not open to the general public on a daily basis; now therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS for MONROE COUNTY, FLORIDA that: SECTION 1. Ordinance no. 22-2001, codified in Section 2-332(A), Monroe County Code is hereby repealed. SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or 2008 Repeal AIPP 1 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 THE 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. EFFECTIVE DATE. This Ordinance shall take effect on July 16, 2008, provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of July, 2008. Mayor Mario DiGennaro Mayor Pro Tern Charles "Sonny" McCoy Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Dixie M. Spehar (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA I3 Deputy Clerk Mayor/Chairperson 2008 Repeal AIPP 2 A I WMZIONT Cooke Communications, LLC Florida Keys Marsha F. Kirkwood Advertising Coordinator PO Box 1800 Key West FI 33041 Office .... 306-292-7777 Extension ........x219 Fax ....... 305-295-8025 Iona Islfkevs news.com INTERNET PUBLISHING keywestcan keyanews can flondakeys.00m key-westcom Web Design Servioss NEWSPAPERS The Citizen Southernmost Flyer Solares Hill Big Pine Free Press Marathon Free Press Islamorada Free Press Key Largo Free Press Ocean Reef Press Seaport Log MAGAZINE The Menu Home Guide Citizen Local's Guide Paradise Keys TV Channel Guide MARKETING SERVICES Commercial Printing Citizen Locals Card Direct Mail FLORIDA KEYS OFFICES Printing / Main Facility M20 Nortside Drive Key West, FL 33MA 800 Tel 305-292-7777 Fes 305-294-0768 citizen®keywestcom Internet Division 1201 White Street (Suite 103) Key West, FL 330403328 Tel 305-292-1860 Fax 305-294-1699 sales@keywest.com Middle Keys Office 6363 Overseas Hwy Marathon, FL (MM 52.5) 330503342 Tel 305-743-8766 Fax 305-7439977 navigator@flondakeys corn Upper Keys Office 81549 Old Hwy PO Box 469 lslamoreda, FL (MM81.5) 3W36-0469 Tel 305664-2266 Fax 305664E411 freepress@flondakeys.win Ocean Reef Office 3A Barracuda Lane Key Largo, FL 33037 Tel 3053674911 Fax W5-367-2191 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice -President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of was published in said newspaper in the NA being a legal notice in the matter of roll M Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every day, 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 I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither 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 newspaper, _ Signature of Affiant Sworn and subscribed before me this day of4- 2008 Notary Public: Marsha F. Kirkwood Expires: September 15, 2009 t?I 0! !JnO`a 5 � Personally Known x Produced Identification Type of Identification Produced C - ti NOTICE OF INTENTION TO CONSIDER ' ' ADOPTION OF COUNTY ORDINANCE ' NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 16, 2008, at 3:00 RM., or as soon thereafter as it may.be heard, at the Harvey Government Center, 1200 Truman Avenue, Key West,Monroe County,Florida,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 COMMISSIONERS OF'MONROE COUNTY, • . FLORIpA, REPEALING ORDINANCE• NO. 22-2001; PROVIDING FOR ELIMINATION OF,THE•ART IN PUBLIC PLACES FUNDING'ELEMENT OF•PUBLIC CONSTRUCTION AND RENOVATION PROJECTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;AND PROVIDING AN EFFECTIVE DATE. ' ' Interested parties may appear at the.meeting and be heard on.this matter. , , . 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-3rd.day of July,2008./ , DANNY L.KOLHAGE,Clerk of the Circuit Court ' - • •and ex officio Clerk of the Board of.County ' - July 5,2008 Key•West Citizen .( Commissioners of-Monroe County,Florida' , 272006 ; TheReporter P.O. Box 1197 • Tavernier, Florida 33070-1197 (305)852-3216 Fax: (305) 852-0199 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared DAVID GOODHUE who on oath, says that he is 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 LEGAL NOTICE in said newspaper in the issue of: July 11tb 2008 Affiant further says that THE 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 Friday), 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 advertisement for publication in the said newspaper and thatTpe Reporter is in full compliance with Chap r 0 of the Florida State Statutes on eg �nd Official Advertisements. Sworn to and subscribed before me this day of July 2008. ot�'1�nCJ11 "1AHGA_ pE-ENHGry f-..Y ra MISSION #004437sa 5: JUN 22 2009 Star-!nsuranrc Ad#302300022-2001 NOTICE OF INTENTION TO CONSIDER ADOPTION OF _ NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 16,2008, at 3:00 P.M., or as soon there- after as it may be heard, at the Harvey Govern- ment Center, 1200 Tru- man Avenue, Key West, Monroe County, Flori- da, the Board of County Commissioners of Mon- roe County, Florida, in- tends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUN- TY COMMISSIONERS OFMONROECOUNTY, FLORIDA, REPEALING ORDINANCE NO. 22-2001; PROVIDING FOR ELIMINATION OF THE ART IN PUBLIC PLACES FUNDING EL- EMENT OF PUBLIC CONSTRUCTION AND RENOVATION PROJ- ECTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL ALL ORDI- NANCES INCONSIS- TENT HEREWITH; PROVIDING FOR IN- CORPORATION INTO THE MONROE COUN- TY CODE OF ORDI- NANCES; AND PRO- VIDING AN EFFECTIVE DATE. Interested parties may -appear at the meeting and be heard on this matter. 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 hear - Inge or meetings, he will need a record of the pro- ceedings, and that, for such purpose, he may need to ensure that a ver- batim record of the pro-_ ceedings is made, which . record includes the testi-g .ra"-r C'r2* mony and evidence uporDr,- - whichtheappealistobe;� :bb based. r Copies of the above-refLr erenced ordinance are - available for review at tkq�,,- .1 various public libraries^' _ zz Monroe County, Florid "1 Dated at Key West, Flitri-- CA)- da, this 3rd day of July, w -. 2008. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the ,Board of County Com- issioners of Monroe ounty, Florida EAL) Publish: 07/11/08 The Reporter Tavernier F133070 FLORIDA KEYS yrk s k s r�' q f f 8 Y r tr Kos fps rM„, 3�`tt - - _— ir,�r� I,61 F°';..to �s�t ;'x R �� ° 1 `•��r`� 17�`�� ,, NOTICE IS HEREBY, Clerk of the Circuit Court 1 �:���e •GIVEN TO WHOM IT and ex officio Clerk of the �' i ,° a I{ -.° i�/y - MAY CONCERN that on Board of County •,:, July 16,2008,at 3:00 Commissioners of Published Twice Weekly ,P.M.,orassoon Monroe County,Florida thereafter as it may be Marathon, Monroe County, Florida ; heard,at the Harvey - Publish July 5,2008 Government Center, : Florida Keys Keynoter, 1200 Truman Avenue, _ _ : __ _ PROOF OF PUBLICATION Key West;MonroeCounty,Florida,the Board of County. Commissioners of•. STATE OF FLORIDA Monroe County,Florida, intends to consider the COUNTY OF MONROE adoption of the following County ordinance: Before the undersigned authority person- ally appeared WAYNE MARKHAM who on • .AN ORDINANCE OF oath, says that he is PUBLISHER of the THE BOARD OF COUN- TY COMMISSIONERS FLORIDA KEYS KEYNOTER, a twice OF MONROE COUNTY, weekly newspaper published in Marathon, ' FLORIDA,REPEALING ORDINANCE NO. • in Monroe County, Florida: that the 22-2001;PROVIDING_ • attached _co of advertisement was _ _ ' FOR ELIMINATION OF _copy_ _"�T HE ART IN-PUBLIC— published in said newspaper in the issues • PLACES FUNDING EL- of: (date(s) of publication) :,EMENT OF PUBLIC CONSTRUCTION AND W__Ca., 1 ��0 6 ; RENOVATION PROD- ECTS•PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL ALL ORDI- NANCES INCONSIS-. TENT HEREWITH; Affiant further says that the said FLORIDA ,'PROVIDING FOR IN= KEYS KEYNOTER is a newspaperpublished CORPORATION INTO THE MONROE COON- at Marathon, in said Monroe County, , TY CODE OFORDI-•. Florida, and that the said newspaper has NANCEsN EFFECTND VIDING AN EFFECTIVE'-` heretofore been continuously published in _DATE. said Monroe County, Florida, twice each Interested parties May • week (on Wednesday and Saturday) and appear at the meeting has been entered as a second class mail ' and be heard onhis matter. • matter at the post office in Marathon, in Monroe County,. Florida, for a period of Pursuant to Section • 286.0106,Florida one year next preceding the first Statutes,notice isgiven publication of the attached copy of -thatifapersondecidedtol any advertisement. The affiant further says mas ma ea de by the by decision • Board with , that he has neither paid nor promised any respect to any matter considered at such hear- person, firm, or corporation any discount, ings or meetings;hp will rebate, commission • or refund for the need a record of the pro- ' ceedings,and that,for purpose of securing this advertisement for such purpose,.heMay publication in the said newspaper(s) and need to ensure thata ver- 1,3 batim record of the pro- . - � � --3 that The Florida Keys Keynoter is in full ceedings is made,which © ,: compliance with Chapter 50 of the Florida -- record includes the testi- 7. ,, --:� I3 moriy and evidence upon C r-'- State Statutes on Legal and Official which the appeal is to be i r<z Advertisements. based. i _ , rD C`D' C.J1 Copies of the above-ref- y_ = ;=':`' -----°--- erenced ordinance are `-- ..:;-•a a availablefor review at the -<E' -: various public libraries in '., ' � l� .• Sworn to a su 'bed before me ' Monroe County,Florida. , ` ¢_' :.. _ this y of , 2008 Dated at Kejr West; (SEAL) , ° Florida;this 3rd day of. •.July,2008. /* No.3018200 • DANNY L.KOLHAGE, L NOTICE OF INTENTION [Iota ry / s 4��' "4 BEVERLY TRAEGER TO CONSIDER �4'�` MY COMMISSION#DL)S4?134 ADOPTION OF" COUNTY ORDINANCE l'IsOF ie EXPIRES:Apr.18,2010 . . . 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