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Ordinance 015-1995
FILED FOR HECORD Community Services Division '95 APR 27 P\2 :51 i;,:\lo.jQRDI~NCENO. 015 -1995 ~ C t t(\ 1.: \ ~::, ,..:. , ' AN ORDINANCE AM~Wd'8W611~ANC'E NO. 028-1994. WHICH CREATED A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE lONE) FOR THE SOUTH SIDE OF KEY WEST AND RIVIERA CANAL IN ORDER TO MATCH THE ORDINANCE ADOPTED BY THE CITY OF KEY WEST AND THEREBY INCREASE THE BOATING RESTRICTED AREA FOR THE SOUTH SIDE OF KEY WEST FROM 300 FEET TO 600 FEET; SUBSTITUTING EXHIBIT "A" ATTACHED TO SAID ORDINANCE NO. 028-1994 WITH A REVISED EXHIBIT "A" DEPICTING THE NEW BOATING RESTRICTED AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION OF THIS ORDINANCE INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 20, 1994, the Board of County Commissioners adopted Ordinance No. 028-1994, which created a boating restricted area (idle speed/no wake zone) for the South side of Key West and the Riviera Canal, and WHEREAS, the City of Key West recently adopted an Ordinance to extend the boating restricted area on the South side of Key West from 300 feet to 600 feet, and WHEREAS, in order to match the Ordinance adopted by the City of Key West. the Board of County Commissioners desires to amend its ordinance and substitute Exhibit "A," as attached to Ordinance No. 028-1994, with a revised Exhibit "A" depicting the new boating restricted area for the navigable waters on the South side of Key West; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Ordinance No. 028-1994, adopted on October 20, 1994, is hereby amended by substituting Exhibit "A" attached to said ordinance, with a new Exhibit "A," attached hereto and made a part hereof, and thereby extending the boating restricted area for the navigable waters on the South side of Key West from 300 feet to 600 feet. Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. 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. 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the ,8th day of Apri 1 ,1995. Mayor Freeman Mayor Pro T em London Commissioner Douglass Commissioner Harvey Commissioner Reich ~ yes not present ~ ~ (SEAL) ATTEST: DANNY L. KOLHAGE. CLERK BY~ t:. lJu~~ . , "Deputy Clerk ' EFFECTIVE DATE b/ordlnowake,doc APPROVeD AS TO t'N-' , ~~ :z a: laJ " w 0 r .. l LJ -<S u.. -" J. --1 1- .. ::J z. @ ~ a: ..J ~ -1,<4, <; -rllmroln ,.-.lll U'lU~ 1Il rt. ~\IJ ~~ Dt :. ~ o o '-D < JrZ l . o o ~ ~- ....... t/~ ~.. lI;:.,-.," . ~ ..' "'-_ -.(.~.} -'" - ~ 'tf ~..:l.v-.\'.f\.:M' "if1'a\ \-\~ NJ:~W.- ....~ '\;fn_l)tt:'_"_~_""."'''.''''fl. ___ ~ )(h~ b,'{- ft llannp 1.. I\olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 CERTIFIED MAIL RETURN RECEIPT REQUESTED April 27, 1995 l\frs. Liz Cloud, Chief Bureau of Administrative Code and Laws The Elliott Building 401 South Monroe Street Tallahassee, FL 32399-0250 Dear Mrs. Cloud: Enclosed please find certified copies of Ordinance Nos. 012,013,014 & 015-1995, all which are self-explanatory. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on April 18, 1995. 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~C. ~ Deputy Clerk cc: Municipal Code Corporation County Commission County Administrator County Attorney Community Services Director, Ord. #015-1995 Growth Management Director, Ord. #'s 012,013 014-1995 vI1rile ' "~--'''-_.".~_..."--~..--......_-~-.. ,- , s:: .z 396 367 643 Receipt for Certified !\"ail No Insurance Coverage Provided Do not use for International Mail (See Reverse) - '''!'fDs~'''a'; ~ ," '''t ';t '!VICl '''l, /J}""., ,,~ 3.) J ".. () $ o o " co M E' o u.. en !l. L>,;,\..'f'rV Fee H'c>C:lr Ie !l'(1 De:ll,.er'f Fee F(l'turr1 ~'t'celpt Srlowmg 1:) '"VrlOrn & Date Deilvered Z 396 367 644 Receipt for Certified Mail No Insurance Coverage Provided ,:::~:::'';;':'::'. Do not use for International Mail ISee Reverse) ~ ~-::-;-;:--_. ~ m. . ~ 1>.'0'.' ~ ~. - o o " CO C") E (; u.. en !l. r<.'-"lr,ctl'(J Ue:l\iprv Fee fh'lurn !1P,'f}:Pl Showing to 'vVhOlll & Dale Delivered ,\ " .......- ...-- Is your RETURN ADDRESS com pTetel1 on me reverse side? Is yOUt 1J.~J. 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IJl 0 ;:s.~m ~ 32~~~;'~-~'~ )> $'3~'O::~3~ Co ~. ti 3 0 a) In (It ~ -0 0 '... ~ Cl:I W ~ en ;~. ~ ~ 5. ~ ~ c" :: ... -::r t>>.:3 0. CD -:0 CD 0.0..- a. ~~ ~J.'loQ ...... 0 c 3 to CD t.J o ~ ~ ~ ~ fie_ 0; 0 oC"Q ~ ~ :: :J' ~ 50 :r So 9: 3~ ~ i s' g. i !. < ~ :~ ~- ! ;- g.~ ~ ~ ~ Ci'i" c:r !; ~ ~ ~ en CD :J 0' ~~ ii 3 < ~ (1) ':T C" U'I m (tl I>> 0 ~ a. ~ ~ ::J " ~ 0. ii" ~ :;.g I>> ~3 g .. 0- s~ ~ 1> w ..... t' , f\ o ~ C'\ ~ ~ 1> ~ ~ :-J o~t m n )( (1) C/l ~ ~ -, ~ CD ~ en < ~ (D' CD 0' a. ro co s: o.~ ~ ~ (1) .;. t'-l!" ~ ~g, ...Q 10 ~ ....~iil!" '. ~ ~ 0 ~9! 0 :0 C' ~~ ....., ~~ ~ (1) ~ 0. Q ~ m ~. (1) -< -. ~ o <D ~ (') ! ~, <D <D )( ... ... ::r iil <Il ~ '" " .. ::J -. -. (1) 0 ell _ .. 0 =E al 3' ;;; cc 0 III =E < ~, (';' ~ S o > 0. 0. (; '" en <D <D, '" l> 0. a. (; '" en 000 ~~ g ~ n~OC: ~3 ~ :>:0 o.CIl ~.~. ~ ~ ~ Q Return Receipt Se~ice. FLORIDA DEPARfMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee, Florida 32399-0250 (904) 488-8427 May 3, 1995 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter dated April 27, 1995 and certified copy each of Monroe County Ordinance Nos. 95-12, 95-13, 95-14, and 95-15, which were filed in this office on May 2, 1995. ~& Liz Clou , Chief Bureau of Administrative Code LC/mw hur~Jl~r~~ l,U~t .H SUPDiE~ert Depa-taent ro ;,,1, :123: T31 i ,t,.,i'o"f'. Fl 12'316-2235 5"f)pj'~ent Sf 05/02/95 ke hJ,~ received the follDwing laterial. Ih3nk you f~r your assistancp and cODperation. Ordinance Nns. 012-1995, nI3-!9~5, 014-1~S5 ;n,d .)15-1995. 1-800-162-CODf IN.tlonal) LBJ "film' 'a.= __ --.--;""":"l l~='-,:=J'" T/p.H"f :oo;.c-.....:... =--...~:===:;' <<:. t, ~~.~ , ~~--p- OSTA"El~ v u.'...-,~ u..,. I lJ J< MAY-z'95 ~.tI=~ :'j ~ ~'- .. ~.. 1<( ~~'. :=:::: 20 <( , ~ ~ <<:. ,c-L~' P.B M.I! "'. . ~ , .8b72L4 <<: Tn: Ms. !sabel C. DeSantis Df'flll ty Clp.l'I Honto!' County PO Box 1980 key West, Fl 33040 I,.U 1I.'Mlu uJIII,ullttlll ,luJ..' 111,1 If ,,1.lIlffll 11,1 , KE)'JWEST , ITIZEN " Pq.blished Daily Key..West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE: Before the undersigned authority personally appeared Randy Erickson, who on oath says that he is Adver:tising 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--.J\jO ~\'(€-. J{ -:en ~~,,~( UN I O~~---l qqL( in the to( ~ issues of (V\a.,f e."-. court, was published in said newspaper in the 'd--~ ~ d/{) \ q q:; 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 neither paid nor promised any person, firm orcorporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. \ \ Sworn to and subscribed before me this SEAL - " .!,~.~rNotary Public) r'~:'i~'",:L',:i~t~~~~~t'i~~;l~:.:Z:I, f ~.~.-. Notary Public) Expires: J~/ Personally"k wn +- or Produced Identification Type of Identification Produced NOTICE Of INTENTION TO CON- SIDER ADOPTION OF COUNTY " ORDINANCE NOTI9E fs HEREay G1V,EN TO WHOM "IT MAY CONCERN that on Tuesday, April 18, ,1995, at 10:00 a,m, at the Holiday Inn Beachside, ,3841 North' Roosevelt eoulevard, Key West, Monroe County, Florida. the board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the follow- ing County ordinance: , ORDINANCE NO. -1995 AN ORDINANCE AMENDING ORDI. NANCE NO. 028-1994, WHICH CREAT1;D A BOATING RE- STRICTED AREA (IDLE SPEEDINO . WAKE ZONE) FOR THE SOUTH S~DE OF KEY WEST AND RIVIERA CANAL. IN ORDER TO MATCH THE ORDINANCE ADOPTED BY THE CITY OF KEY WEST AND THEREBY INCREASE THE BOAT- ING RESTRICTED AREA FOR THE SOUTH SIDE OF KEY WEST FROM 300 FEET TO 600 FEET: SUBSTI- TUTING EXHIBIT "N ATTACHED TO SAID ORDINANCE NO 028-1994 WITH A REVISED EXHIBIT "A" DE- PICTING THE NEW BOATING RE- STRICTED AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES IN- CONSISTENT HEREWITH;' PRO- VIDING FOR THE INCORPORA- TiON OF THIS ORDINANCE INTO THE MONROE COUNTY CODE OF ,ORDINANCES ; AND PROVIDING AN EFFECTIVE DATE. pursuantto Section 286.0105, Flor- ida Statutes. notice is given that if a person decides to appeal any deci- sion made by the board with respect to any other matter considered at the hearing, he will need a record of the proceedings, and that, for such pur- pose, he may need to ensure .that ,a verbatim record of the proceedings IS made, which record includes the tes- timony and evidence upon which the appeal is to 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 ,17th day of March, 1995, ' DANNY L. KOLHAGE Clerk of the CirCUit Court and ex officio Clerko! the Board of County Commissioners of Monroe County, Florida. March 22nd & 29th, 1995. 1 "i.;-'~''''''''''~'''''P'/PII!''....''''''''''"'~" , 7ie SEAVING THE UPP8A K.VS FOR OYER 20 VEAR. BOX 1197 . TAVERNIER. FLA. 33070 (3051 862-3218 FAX 852-8248 DAGNY WOLPP BeIltor 6: PubUlb.r STATEMENT OF PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is EDITOR and PUBLISHER 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 Court, was published in said newspaper in the issues of _ 3/23 AND 3/30/95. 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. ~Y--- SWORN TO AND SUBSCRIBED BEFORE ME TIllS _30TH_ DAY OF __MARCH_ A.D. , 1995__ 44uP~ NOTARY PUBLIC , '{;', ':lA VEE R DOVE \4} C8.....~.ccu.... Expires Feb. 06. 1988 ,,'ded by ANB '_'00-852-5878 MY COMMISSIONEXPI}U:S: ~:>~,L~:,!~~ :1"( , ". ,~ NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT-MAY CONCERN! that on Tuesday, April.18,-'19957-7 at 1000 am.'at the Holiday Inn; Beachside,3841 North Roosevelt Boulevard Key West Monroe County,: Florida,the Board of County Commissioners of Monroe County,Florida,1 intends to consider the adoption of the following County ordinance: • ORDINANCE NO. 1995 - AN ORDINANCE:AMENDING ORDINANCE NO.028-1994, WHICH CREATED A BOATING RESTRICTED AREA(IDLE SPEED/1 NO WAKE ZONE)FOR THE SOUTH SIDE OF KEY WEST AND! ti RIVIERA CANAL, IN ORDER TO MATCH THE ORDINANCE! ADOPTED BY THE CITY OF KEY WEST AND THEREBY INCREASE,1 THE BOATING RESTRICTED AREA FOR THE SOUTH SIDE OF 1 KEY WEST FROM 300 FEET TO 600 FEET;SUBSTITUTING EX- HIBIT '1 "k ATTACHED TO SAID ORDINANCE NO.028-1994 WITH A REVISED EXHIBIT"A"DEPICTING THE NEW BOATING RE—; ! STRICTED AREA;PROVIDING FOR SEVERABILTrY;PROVIDING FOR THE REPEAL OF, ORDINANCES INCONSISTENT HERE- WITH;PROVIDING FOR THE INCORPORATION OF THIS ORDI- NANCE INTO THE MONROE COUNTY CODE OF ORDINA/siCES; AND PROVIDING AN EFFECTIVE DATE. . . Pursuant to Section 286.0165,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 hearing or meeting,he will need a record of the prOceedinis",and that,for such inn-pose,he may need to ensure that . • the a verbatim record of the proceedings is Made,which record includes testimony and evidence upon which the appeal is tO be.based. Copies ofhe abOve-referenced ordinance are available for review at the various public libraries in Monroe County,Florida.:: DATED at Key West,Florida,this 17th day of Marcn-,1995. ; • DANNY L:KOLHAGE Clerk of the Circuit Court - - - - and ex officio Oeric the Board of County Commissioners - of Monroe County,Florida Publishedi4/3 and 3/30/95 The-Reporter . , Tavernier,FL 33070 • PROOF OF PUBLICATION i • • THE FLORIDA KEYS KEYNOTER • Published Twice Weekly , • MARATHON, MONROE COUNTY, FLORIDA • • STATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared Tom Tuell. who on oath, says that he/she is Editor_ of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY, FLORIDA; that the attached copy of advertisemdent, be Notice Of Intention To consider option Ot County Ordinance • IN THE MATTER OF: Ordinance Amending Ordinance No. 028-1994 _ in the Court was published in said newspaper in the issues of • • March 22 , 29, 1995 • ' Ino.89922'00.. . NOTICE OF INTENTION ' •Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper • TO COUN1DYORo NANCE' NOTICE IS HEREBY GIVEN TO I at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- WHOM IT MAY CONCERN.that' on-Tuesday,April 18 '.1995, at •10:00 a.m. at the Holiday Inn paper has heretofore been continuously published in said MONROE COUN- Beachside, 3841 North Roose-; velt Boulevard,.Key West,Mon- roe County,Florida,the Board of , TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been County Commissioners of Mon- , roe County, Florida, intends to consider the adoption of the fal- entered as second class mail matter at the post office in MARATHON, in lowing County ordinance: ORDINANCE NO. -1995 said MONROE COUNTY, FLORIDA, for a period of one year next preceding • •AfJ 'ORDINANCE AMENDING .ORDINANCE NO. 028-1994 •' the first publication of the attached copy of advertisement; and affiant fur- WHICHRESTRICTED A�AREABOA(IDLE 'SPEED/NO WAKE.ZONE) FOR ther says that he has neither paid nor promised any person, firm, or corpo- . • THE SOUTH SIDE OF KEY WEST-. . AND RIVIERA CANAL, OR- DER 'TO MATCH THE ORDI- ration any discount, rebate, commission or refund for the ur ose of secur- NANCE ADOPTED BY THE CITY P P OF°KEY WEST AND THEREBY INCREASE THE'BOATING RE- ing his advertisement forpublication in the said news a er. SEAL STRICTED AREA FOR THE g p P ( ) I SOUTH SIDE OF KEY WEST FROM 300 FEET TO 600 � FEET; ' SUBSTITUTING EXHIBIT 'ATTACHEDO AIDORI- • NANCE NO.028-1994 WITH A 'REVISED EXHIBIT"A" DEPICT-. . _ ING•THE-:NEW BOATING RE- STRICTED AREA; PROVIDING '.FOR',SEVERABILITY- PROVID- I 'ING FOR THE'REPEAL OF ORDI- NANCES.INCONSISTENT HERE=• _WITH•PROVIDING-FOR-THE IN • - __1a�J �� -CORPORATION OF THIS ORDI- tR€I 'e'.},1 .kL"k.:;'iE'� NANCE INTO THE 'MONROE fir, `� COUNTY• CODE OF--ORDI-. ; , -L'�` �"`�, TT,,�`i CommExp. a I(� Ord - NANCES;AND PROVIDING AN F. ,ra,� S'• EFFECTIVE DATE. - , _ !-,CFtl�l. By �9v5�I2c�.his Pursuant to Section 286.0105,' ..'_ Florida Statutes, notice is given `'/,,�,�...,;Loy � G • jN©, CC43.1 J2tr that if a parson decides to appeal (seal) \\\ I any decision made by the Board • .1N.aym.. with rd atct toa hey matthr con- .. [j0:5c;L A: needy record the h e proc-edi gs, andd a fo such the proceedings,a and that, for purpose;h- . - may need to ensure that a verba- tim record of the proceedings is' made,'which record includes-the. SWORN TO AND SUBSCRIBED BEFORE ME THIS 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 DAY OF _ MarchY+_ __ A.D. 19 95 17th day of March,1995.: DANNY L.KOLHAGE j Clerk of the Circuit Court and ex officio Clerk of the Board C112q4 • of County Commissioners • ///111j&- of Monroe County,Florida , 1 _—__ _---_4«..\ — _— _ Publish:March 22,21995 Florida Keys Keynoterer L . L ", i FILED F OR RECORD '95 (-1AR 21 P 1 :47 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday. April 18. 1995. at 10:00 a.m. at the Holiday Inn Beachside. 3841 North Roosevelt Boulevard. Key West. Monroe County. Florida. the Board of County Commissioners of Monroe County. Florida. intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1995 AN ORDINANCE AMENDING ORDINANCE NO. 028-1994. WHICH CREATED A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE ZONE) FOR THE SOUTH SIDE OF KEY WEST AND RIVIERA CANAL IN ORDER TO MATCH THE ORDINANCE ADOPTED BY THE CITY OF KEY WEST AND THEREBY INCREASE THE BOATING RESTRICTED AREA FOR THE SOUTH SIDE OF KEY WEST FROM 300 FEET TO 600 FEET; SUBSTITUTING EXHIBIT "A" ATTACHED TO SAID ORDINANCE NO. 028-1994 WITH A REVISED EXHIBIT "A" DEPICTING THE NEW BOATING RESTRICTED AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION OF THIS ORDINANCE INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105. Florida Statutes. notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing. 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 17th day of March. 1995. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County. Florida (SEAL) Community Services Division ORDINANCE NO. -1995 AN ORDINANCE AMENDING ORDINANCE NO. 028-1994. WHICH CREATED A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE lONE) FOR THE SOUTH SIDE OF KEY WEST AND RIVIERA CANAL IN ORDER TO MATCH THE ORDINANCE ADOPTED BY THE CITY OF KEY WEST AND THEREBY INCREASE THE BOATING RESTRICTED AREA FOR THE SOUTH SIDE OF KEY WEST FROM 300 FEET TO 600 FEET; SUBSTITUTING EXHIBIT "A" ATTACHED TO SAID ORDINANCE NO. 028-1994 WITH A REVISED EXHIBIT "A" DEPICTING THE NEW BOATING RESTRICTED AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION OF THIS ORDINANCE INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. on October 20. 1994. the Board of County Commissioners adopted '.p~ Ordinance No. 028-1994. which created a boating restricted area (idle speed/no wake zone) for the South side of Key West and the Riviera Canal, and WHEREAS, the City of Key West recently adopted an Ordinance to extend the boating restricted area on the South side of Key West from 300 feet to 600 feet, and WHEREAS, in order to match the Ordinance adopted by the City of Key West, the Board of County Commissioners desires to amend its ordinance and substitute Exhibit "A," as attached to Ordinance No. 028-1994. with a revised Exhibit "A" depicting the new boating restricted area for the navigable waters on the South side of Key West; now. therefore. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Ordinance No. 028-1994. adopted on October 20, 1994. is hereby amended by substituting Exhibit "A" attached to said ordinance. with a new Exhibit "A." attached hereto and made a part hereof, and thereby extending the boating restricted area for the navigable waters on the South side of Key West from 300 feet to 600 feet. Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. 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. 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. >, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of .1995. Mayor Freeman Mayor Pro T em London Commissioner Douglass Commissioner Harvey Commissioner Reich (SEAL) ATTEST: DANNY l. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman EFFECTIVE DATE blordlnowake,doc ~AST")r"-" r~~ l- :z cC (() 11.1 \oJ l!..1 0 r 3 u .; l u. .... /. J ...J >- ,- . ~ ~ uJ :it. I ~ d: ~' ~ ~ . ~.... '< "' II mruR" ,. AI)II \TI\.I~ V'l ~, ~g Ot :. < rZ l . o o IJ:l 1.- ..... t'Or'w, .... - .."...... ......' '~ ...,. .., -~ .... , -..... 1'.)..41_ .. .. -"1 .t..:lv~.:,~t~.if"""a\'H~N:I\lW'-'.". . \1I''".l't u..... _ ~........ ....... ~.. . _ __ ~ )(~~ b,'-t- ft