Ordinance 029-1995
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ORDINANCE NO.029.1995
AN ORDINANCE CREATING A BOATING RESTRICTED AREA
(IDLE SPEEDINO WAKE ZONE) FOR ALL OF MARVIN D. ADAMS
WATERWAY; PROVIDING FOR DEFINITIONS; PROVIDING THAT
MONROE COUNTY AGREES TO HOLD THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION HARMLESS
FROM ANY LIABILITY INCURRED FROM THE NEGLIGENT
POSTING OF BOATING RESTRICTED MARKERS; PROVIDING
FOR PENAL TIES FOR VIOLATIONS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Marvin D. Adams Waterway, as described in Exhibit
A, is a common route for numerous boaters, creating a dangerous situation
where boats move at higher speeds; 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 (idle speed/no wake zone) in
the area described in Exhibit A; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. Definitions.
a) "Idle speed/no wake" means that a vessel cannot proceed at a
speed greater than that speed which is necessary to maintain steerageway.
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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.
Section 2. Idle SpeedINo Wake Boating Restricted Area
Established.
No person shall operate a vessel in the Idle SpeedINo Wake boating
restricted area at a speed in excess of idle speed no 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.
Section 3. Idle SpeedINo Wake Markers.
The Idle SpeedINo 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.
Section 4. 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 Idle SpeedINo 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.
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Section 5. Penalties.
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 $35, 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.
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) Ifhe 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.
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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.
Section 6. Exemption.
This ordinance shall not apply in the case of an emergency or to a
patrol or rescue craft.
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 8. 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 Idle
Speed/No Wake boating restricted area is approved by the necessary state
and federal agencies.
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This ordinance establishing an Idle Speed/No Wake Zone at Marvin
D. Adams Waterway was PASSED AND ADOPTED by the Board of
County Commissioners of Monroe County, Florida, at a regular meeting of
said Board held on the 15th day of August , A.D., 1995.
Mayor Freeman
Mayor Pro Tern London
Commissioner Harvey
Commissioner Douglass
Commissioner Reich
yes
yes
yes
yes
yes
(SEAL)
ATTEST: Danny L. Kolhage
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By cS~-F~
May IChalrman
BY.o.v.~~
Deputy lerk
EFFECTIVE DATE
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Idle Speed/No Wake Zone
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FLORIDA DEPARTMENT OF SlATE
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
August 28, 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 August 24, 1995 and
certified copy each of Monroe County Ordinance Nos. 95-28 and
95-29, which were filed in this office on August 28, 1995.
We notice that you did not include the Data Retrieval Coding
form for Ordinance Nos. 95-25 and 95-27. Please send those to
us at your earliest convenience.
Sincerely,
~~d~
Bureau of Administrative Code
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Deity Clerk
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Key Ile-it, FL 23040
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published Daily
Key..\Vest, lVlon:roe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE:
Before' the undersigned authorHy psrson2.!~Y 2ppe2red Randy Erickson, who on 021h
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neither p2id nor promised 2.ny persoil, jirm or corporation 2.ny discount, rebate, cO!TiiT;ission
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Swo'rn to 2nd subscribed befere me \h;~~'J of
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MY COMMiSSiON /I CC 354124 i~
EXPlfiES: March 9, 1\!~;6 jl
~onde<l Thru r'Ma;y PubliC lInuel\\-;:~:~. j
(Name-of Notary Publlc)
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, NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
ORDINANCE
NOTICE •IS HEREBY GIVEN TO
- WHOM IT MAY CONCERN that on '
.Tuesday, August 15, 1995, at 10:00.
a.m. -gat the Key Largo Library, 1
Tracbwinds Shopping Center„Key
Largo, Monroe County, Florida,•the ,
Board of County Commissioners of .
Monroe County, Florida, intend to
consider the adoption of.the follow
• .ing County ordinance: • -
- ORDINANCE NO-1995
AN ORDINANCE CREATING A
BOATING RESTRICTED AREA,
' (IDLE SPEED/NO WAKE ZONE
' FOR ALL OF MARVIN D.ADAMS
- ,•WATERWAY);PROVIDING FOR . •
,DEFINITIONS; PROVIDING THAT
`1,,MONROE COUNTY AGREES TO
"„HOLD THE FLORIDA DEPART-
! ,MENT OF ENVIRONMENTAL PRO
q+TECTION HARMLESS FROM ANY
.jiABILITY INCURRED FROM THE
EGLIGENT POSTING OF BOAT-
ING RESTRICTED MARKERS; '
'PROVIDING.FOR PENALTIES FOR ,
VIOLATIONS:PROVIDING FOR-EX-
'EMPTIONS;PROVIDING FOR SEV- '
- `ERABILITY;PROVIDING FOR RE- ;
PEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH;PRO--
t 'DING FOR INCLUSION INTO THE
' MONROE COUNTY.
' Pursuant to Section 286.0105, Flor-
Zcla Statutes, notice is given that if a
person,decides to appeal any deci-
,Sion made by the'Board with respect
kQ any matter considered at the hear-
' Jng, he will need a record of the pro-,
'aeedings,and that,for such purpose,
:he may need to ensure that a verba-
.tim record of. the. proceedings is
.rrnade,which record includes the tes-
. I rtimony and evidence upon which the ,
';appeal is to be based,
;Copies of the above-referenced ordi-
thance are available for review at the ,
- arious public libraries in Monroe
` . 'County, Florida.
;DATED at Key West; Florida, this
0th day of June, 1995.
. DANNY L:KOLHAGE
• Clerk of the Circuit Court and I
ex officio Clerk of the Board of
County Commissioners of Monroe
s? County,-Florida..,•
• 'July 26th&August 2nd, 1995
L
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.."VING TH II ,",1lI~.1llI K.V.
FOR OVER 10 YEAR.
BOX 1197 . TAVERNIER, FLA. 33070
(305' 862.3218
FAX 852-824.
DAGHY tiOLPP
"tor . Pu......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 TIlE_':;"= ~Court, was published in said newspaper in the issues of _ 7/27 and 813/95.
Affiant further says that the said REPORTER.is a newspaper published at Tavernier, in said Monroe
County, Florida, and that the said newspaper lias 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.
~
_3RD_ DAY OF __AUGUST_ A.D., 1995__
/J~k~
NOTARY PUBLIC
.
f/,'\tS\ Y PIJ"<.,
MY COMMISSION F.x~
**
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"ft Of f\.\\'l<'
DAVEE R DOVE
M~ Ce"""lul." S."
Expltee Feb. oe. __
Bonded by ANa
800-852-5878
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. . NOTICE.OF INTENTION TO CONSIDER . -- '
ADOPTION OF COUNTY ORDINANCE . -
- ' NOTICE-IS HEREBY GIVEN TO WHOM IT MAY CONCERN
that on Tuesday,August 15,1995,at 10:00 A.M.at the Key Largo Library;•..
Tradewinds Shopping Center;key Largo,Monroe County, Florida,the :
Board of County Commissioners of Monroe County,Florida,intends to
consider the adoption of the following County ordinance: .
NO. 199
5
ORDINANCE . . .. ,
t . . AN ORDINANCECREATING.ABOATINGRESTIHCIEDAREA_
(IDLE SPEED/NO WAKE-ZONE)FORALL OF MARVIN 15:ADAIVIS A
WATERWAY;PROVIDINGFORDEFINITIONS;PROYIDINGTHAT:
MONROE COUNTY AGREES,TO HOLD THE FLORIDA DEPART.--1
MENT OF ENVIRONMENTAL PROTECTION HARMLE$S,FROM
ANY LIABILITY INCURRED FROM-THE NEdLIGENTPOSTING
OF BOATING RESTRICTED MARKERS;PROVIDING FOR PENAL-1
TIES FOR YIOLATIONS;.PROVIDING FOR OCEMPTIONS;PRO-
VIDING FORSEVEILABILITY;PROVIDING-FOR:REPEAL OF ALCI
ORDINANCES'INCONSISTENT•HEREWITH;PROVIDPIGFORIN-,
CORPORATION INTO THE MONROE COUNTYCODE;.ANIIPRO-!
:. VIDING FOR AN EFFECTIVE DATE. : • ,
- Pursuant to Section 286.0105,Florida c
Statutes,rtotie is given that,
, .,
if a person decided to appeal any decision made by the Board with respect
to anyAnatter 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 andevidence upon whiCh MeAppeal is to be based:..;
1 '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 20th day of July,1995. .'.
'• .- DANNY L.KOLHAGE
, . - Clerk of the Circuit Court,
. ,
,. • And ex officio Clerk of the
.
Board of County Commissioners
. of Monroe County,Florida,
• _ , .
' Published:7/27 and3/95:_ -- ' ..
The Reporter - "•, .
._
• - .
. Taverni .,_
er,FL 33070 ": _, .
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KE''lQ\VEST
ITIZEN
Published Daily
Key..\Vest, l\Ion:roe County, Florida 33040
STATE OF FLORIDA
COUNTY OF l'v10NROE:
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Before'the undersigned authority personalLy 2ppe2red Randy ~~son~';IhocOn oath
S2.ys th2.t he is Adveryising "l-/ianager of The Key West Citizen", a dajl~~ewspcp.ger p~p!ished
2t Key V/est in Monroe County, Florida; th2t the 2.ltached copy of tlie~gveri~mem, being
-- ~.......
a leo2.1 notice :--<:.- .'? ''r
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in the matter ofJ)D'1\"c€ oQ 1-V'\l-t1'\ 1.(0 (") I BOo-L\4 (..e='2 (l~~:('d?
QJe.~
in the t!\ I~
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iSSL6S cr -J cJ ( ~c;
CCL1r:, '.'.'2S cubiished in said ne'Nsoaopr iil ~I:'-'~
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vV.est,.in s"aid)vionroe County, Florids, snd th2t ihe s2id-n'ev,ISp2per has heretofore been
continuously pub!ish~d' in' said MOnice CountY, Florida, BE-Cn day (except Saturdays 2nd
specified holidays) and has been en~ered as second-class m2.il matter at the post offjce in
Key V'/est, in said Monroe Ccunty, F!cr;c2, fer 2 p~ricd of 1 year next preceding the first
pubnc2t1on or the 2.ti2ched copy or 2.dvertiserr:ent; 2nd 2Hiant further says thaI he has
neither p2id nor promised any person, firm or corpor2tion any discount, rebate, commission
. I'" . - .., I '0' . ,. "" "," " .
or rSlUna ior tne purpose Cj secul1;;g inlS 2.cver1lsen~ent !Or PUOIIC2tlOn In tne s2id
newsp2per.
Sworn to 2nd subscribed befere me 1i';s,j/$cay of d~//..d/
_,199'5
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, -NAiicy . -~', at of Notar; Pt.:bi:c)
MY COMMiSSION Ii CC 354124 f;
EXPIRES: March 9. 19'J8 t'
Bonded Thru No!luy Publlo Underwrl!er3 '
Expires: ~E .
Personaliy Known / cr Produced lcsniijicaticn
Type of ldentiiicaiion Produced
(Name of Note.ry pubnc)
-`
7.
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY • '
1- - ORDINANCE
I NOTICE IS' HERESY GIVEN TO:
• WHOM IT MAY CONCERN that or
1 Tuesday, August 15,•1995, at 10:00,-,
a.m. at the Key Largo Library
! ,.,Tradewinds Shopping Center, Key•
Largo, Monroe County, Florida, the.
Board of County Commissioners of-, . ,
Monroe County, Florida, intend to;
consider the adoption of the :follow-,.
I ing County ordinance: .
. ORDINANCE NO-1995 T.
-
AN ORDINANCE CREATING A ,
BOATING RESTRICTED AREA . , .
(IDLE SPEED/NO WAKE ZONE ,
• FOR ALL OF MARVIN D.ADAMS
I WATERWAY);PROVIDING FOR• - ,
DEFINITIONS;PROVIDING THAT • , '
MONROE COUNTY AGREES TO' _
HOLD THE FLORIDA DEPART- . I ' ,
1 MENT OF ENVIRONMENTAL PRO-., -
I TECTION HARMLESS FROM ANY :-
j LIABILITY INCURRED FROM THE
i NEGLIGENT POSTING OF BOAT--
.
i ING RESTRICTED MARKERS; '`.
PROVIDING FOR PENALTIES FOR --
VIOLATIONS; PROVIDING FOR EX-`
EMPTIONS;PROVIDING FOR SEV-'
ERABILITY;PROVIDING FOR RE-'.,
I• PEAL OF ALL ORDINANCES IN, '
• CONSISTENT HEREWITH;PRO- -
VIDING FOR INCLUSION INTO THE-
' MONROE COUNTY.'
• Pursuant to Section 286.0105, Flor-
ida Statutes, notice is given that if a
person decides'to appeal any deck
made by the Board with respect,F -.
i to-any matter considered at the hear •-
i ing, he will need a record of the pro- -
I ceedings,and that,for"such purpose,, _-
he may need to ensure that a verbs=
tim record of the proceedings is. -
made,which record includes the tes-
timony and evidence upon which the,.
. appeal is to be based. • ''
l Copies of the above-referenced ordi=
Hance are available for review at the
various public libraries in Monroe'
•I County,Florida..
--- ...._....---.,a. DATED at Key West, Florida, this -. `
y20th day of June, 1995. •
f DANNY L.KOLHAGE. - --!
6 Clerk of the Circuit Court and• ,
! ex officio Clerk of the Board of:`
i County Commissioners of Monroe.. -_'
County, Florida'
I July 26th&August 2nd, 1995
PROOF OF PUBLICATION .1
•
•
THE FLORIDA KEYS KEYNOTER .
• Published Twice Weekly
• MARATHON, MONROE COUNTY, FLORIDA
•
STATE OF FLORIDA )
COUNTY OF MONROE)
Before the undersigned authority personally appeared Tom Schumaker who on oath, says that he/she is
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
Consider Adoption of County Ordinance
•
IN THE MATTER OF: An Ordinance creating a boating restricted area ( idle in the
speed/no wake zone ) f-or all of Marvin D.- Ad-ams •wort-erway - -
____..__ —_� Court was published in said newspaper in the issues of
July 26 , August 2 , 1995 • _ _•
no.2631100
NOTICE OF INTENTION
TO CONSIDER ADOPTION
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO,
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- WHOM IT MAY CONCERN that
on Tuesday,August 15,1995,at
10:00 a.m.at the Key Largo Li-,
paper has heretofore been continuously published in said MONROE COUN- brary TradewindSShoppmgCen-
ter, Key Largo, Monroe County,
TY, FLORIDA, twice each week (on Wednesdayand Saturday) and has been Florida,.the Board of County
' Commissioners of Monroe Coun-
ty, Florida, intends to consider
entered as second class mail matter at the post office in MARATHON, in the adoption of the following
County ordinance:
said MONROE COUNTY, FLORIDA, for a period of one year next preceding ORDINANCE NO. -1995
the first publication of the attached copy of advertisement; and affiant fur- AN NG A
BOATING NRESTRCTED ANCE (AREA
, (IDLE SPEED/NO WAKE ZONE)
theI says that he has'neither paid nor promised any person, firm, or corpo- . FOR ALL OFMARVIN D.ADAMS
DEFINITIONS;PROVIDING
FOR
PROVIDING
ration any discount, rebate, commission or refund for the purpose of secur- THAT MONROE COUNTY
AGREESTO HOLD THE FLORIDA
ing this advertisement for publication in the said newspaper.(SEAL) DEPARTMENT OF ENVIRON-
HARM-
MENTAL FROM ANYCTION LIABILITY IN-
CURRED FROM THE NEGLI-
GENT POSTING OF BOATING
RESTRICTED MARKERS; PRO-
VIDING FOR PENALTIES FOR VI-
OLATIONS;
EX-
EMPT ONS PROVIDING PROVID PROVIDING FORFOR
SEVERABILITY; PROVIDING
_Z/1.27/1-4 /f FOR REPEAL OF ALL ORDI-
-INANCES INCONSISTENT HERE-
, WITSIO ;PROINTVIDING FORMONROEILU-
MIC RI.ILFOIiRE COUNTY.,
009
•¢,O� .,, viy Comm Exp• ,_ Pursuant to Section 286.0105,
(_;„ ;.'i�_ -' g Florida Statutes, notice is given
(seal) �,7 xi+=+�: •s' "'�_g '�. By� b'iLB that if a person decides to appeal
ga "� e9 ,rr any decision to made by the Board_
withNo. cC43 .--.. r.. with respect to any matter con-
[]PersonellgYCt;o tt trairla sidered nor meet-
gs,heet such hearings wil need a record of the
proceedings, and that, for such
purp need to ensure
SWORN TO AND SUBSCRIBED BEFORE ME THIS 2 n d thata verbal m ma 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
DAY OF
August A.D 19 9 5 ordinance are available for review
at the various public libraries in
Monroe County,Florida.
DATED at Key West,Florida,this
20th day of July,1995.
DANNY L.KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
• Board of County Commissioners
of Monroe County,Florida
Publish:July 26,August 2,1995
Florida Keys Keynoter
L
l