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Ordinance 049-1995 -~ -- Board of County Commissioners ORDINANCE NO 049.1995 AN ORDINANCE GRANTING THE FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC. A NONEXCLUSIVE FRANCHISE FOR THE AREA OF MONROE COUNTY EAST OF THE EAST END OF THE SEVEN MILE BRIDGE FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF AN EI:ECTRIC SUPPLY SYSTEM; REQUIRING THE CO-OP TO PREVENT THE CREA@N:OF OBSTRUCTIONS DANGEROUS TO THE PUBLIC AND TO REPAIR:::cG.;pP CREATED DAMAGE TO MONROE COUNTY PROPERTY; REQUIRING TH~~60- OP TO MOVE ITS FACILITIES AT NO COST TO MONROE COUNTY WHEN NECESSARY FOR WORK ON MONROE COUNTY ROAD SYSTEM; RE~fRING THAT THE CO-OP HOLD THE MONROE COUNTY COMMISSION.~AND ~, COUNTY OFFICERS AND EMPLOYEES HARMLESS FROM ANY DAMAGES RESULTING FROM THE CO-OP'S EXERCISE OF ITS PRIVILEGES UNO-,ER THE FRANCHISE; PROVIDING FOR A 25 YEAR FRANCHISE TERM; PROVIDING THE FRANCHISE DOES NOT ESTOP MONROE COUNTY FROM EXERCISING ANY RIGHT THE COUNTY HAS UNDER LAW; 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. ~ -..., r~ 0 0 IT1 hn C""J - V1 _."...~. ;;S "'1""1 -' c-: (.j ,'--::) ..~-.D (Xl BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. The Florida Keys Electric Cooperative Association, Inc. a non-profit corporation, its successors and assigns (hereafter "Co-op") is granted a nonexclusive franchise to construct, maintain, repair, operate, and remove, under, on, over, across and along, the existing and future County roads, highways, streets, avenues, alleys, bridges, and easements (herein "the County rights-of-way"), within the following area of Monroe County: That portion of Monroe County lying east of a line running north and south that intersects with the northeastern end of the Seven Mile Bridge at Marathon, lines for the distribution of electricity, together with all necessary or desirable appurtenances (including conduits, poles, towers and wires) for the purpose of supplying electricity to all persons, corporations, inhabitants, and governmental entities, within and beyond the area just describedo This franchise grants no right to utilize the County rights- of-way for any purpose other than the distribution by the Co-op of electricity as aforesaid. The County expressly reserves to itself the exclusive right to regulate, by franchise or otherwise, use of the County rights-of-way for any other purpose, and further reserves to the County the right to all revenue realized from such other purpose (including, without limitation, payments from other utilities and cable television suppliers). Nothing herein impairs the right of the Co-op to charge for the use of its poles by a County franchisee which has the right by franchise to occupy County right-of-wayo Section 2. In exercising its privileges under this franchise, the Co-op shall: a) Prevent the creation of any obstructions or conditions which may become dangerous to the traveling public; and b) Promptly repair any damage or injury to any County road, highway, street, avenue, alley, bridge or easement, caused by the Co-op and restore it to a condition at least equal to that which existed immediately prior to the injury. Section 3. In the event of the widening, repair, or reconstruction, of any County road, highway. street. avenue, alley. bridge or easement, the Co-op shall promptly, upon request of the County, move or remove its electric transmission lines and appurtenances at no cost to Monroe Countyo Section 40 The Co-op shall hold Monroe County and its officers and employees harmless from the payment of any compensation or damages resulting from the exercise of the privileges granted in this franchise. Section 5. The term of this franchise is twenty-five (25) years commencing on the effective date of this ordinance. Section 6. This ordinance granting a franchise to the Co-op does not waive or estop Monroe County from exercising any right or privilege it has under law. 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. 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 Officeo PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of November, AD, 1995. Commissioner Douglass Commissioner Harvey Commissioner London Commissioner Reich Mayor Freeman ~ ~ no ~ lliL- By ~JlO-t~L c, !J0Q.~d Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~~~ (SEAL) Attest: DANNY L.KOLHAGE, Clerk EFFECTIVE DATE jordfkec .annp 1... Itolbagt 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 December 15, 1995 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL, (305) 852-7145 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. 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 No. 049, 050, and 051-1995. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in fonnal session on November 21,1995. 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 ~Q)(C LQ.,t C. L\/L(\tJ,i Deputy Clerk ,I cc: Municipal Code Corporation 049-1995 & 050-1995 County Commissioners County Administrator County Attorney Planning Department, 051-1995 Marine Resources Department, 050-1995 fiile (,If) Sen to m /z ... s; ~ l!l ~ o o G) (f) E Certified Fee o U- en 0.. ~ - UNITED STATES POST,t,l SERVICE Z 396 282 901 Receipt for Certified Ma~ No Insura~ce Coverage Provided Do not use for International Mail (See Reverse) Special Delivery Fee Restricted Delivery Fee Postmar orrJ,p ()lV' ()~() IIS'I-/"S. ~ ~ - ._-~- ~_.~._._~._---'- la your RETURN ADDRESS completed on the reverse aide? ~l""(,) .. · ... ~ po) ~ ~ -. ~ l-~lll!!ii ~ ......_ C- ,... Sl 8. !a JJ . g.~ g !a !a m .. __, CD, 3~ iii'g;:':'::a ~ h '~T r-..)> 3 0" III CD CD .. () ~ ,... ~ ~JJ 3 ~~~ .. It '. ""'" CD !J!'2 0' ~$"- ~ ~.. " !:! 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(IJ ~~ ~ ~ ~~ ~ ~ :g lii OJ IE ala! = .- ~ ~ 5l ~ ~~ 0 \.f) ~ i ~~ ~ ~ '" C 8 ~ ,.....(j '() : :s ~ CD-tJ, 1 """' U Q 0 .0..- "-....) 'J '~ CD l!i ~alc.:: \ i i l !~ ~ ~ ~ C l!? i -E ~ ~ E 5j C() " .t:: ~, () , :g :: ! - ., ('l(' '" C _ 'io C) 'U lii o.ci~ 15 ii ~ ('() .c N:; ~ c g.,g g ""', _ \ i o lii '0 ,g CD '" ':'\,J ~ ,'"'-I 0 ".'51 Ct> 1I:'j "tl C\ I, CD lii~_~ :; ,9.'5. ! ',~ <J '-l Cl ~i ~ ~ !'~ ~ ,~CQ "\ :: UCDCt>'" 0 ea: "0 ~........ G) a:""""C::i'; =>E, 0( 'W r- ......... CO) W ~ ~ ~~:s e .a a! CD "'" -'" E Cc.Q.>-g'fi''''~~:;; ~ $::' ,y ~~ Z~E~~,"~~~~ 0( ~ ~ f W 0 8 cf ~ ~ [;t i= ~ co' en (I)... · .. M 0.. L8P!S 88J8A8J 8'U uo P8~8Idwo:) SS3HOO." NHnJ.3l:i Jnol. 8\ cxi ..,. ~ FLORIDA DEPARTMENT 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 December 20, 1995 Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 ::t ~ -T"J c c; - :z ... r -' :::tl ('_:z: ,.,., ('!l~7 ~ CJ I"T'J~_. ~"1 n C) '=:J r-", ~ z::t: ::D ,0 -:u ~c: " - "'0 '" : '" c-; ..,., ~,-,. 0 <II ~ ~ ' , .. 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 December 15, 1995 and certified copy each of Monroe County Ordinance Nos. 95-49, 95-50, and 95-51, which were filed in this office on December 20, 1995. Sincerely, Li~C~ Bureau of Administrative Code LC/mw r�� ox r: rs y ```` II•.iICIFfi?L CODE CORPORATION N4 �'IS0i.••'' �`�L.J USiAGL,K- 0uppleee;it Pepasteert \.�� JAM15'96 m� �7mai 0 II LP722i , SuppleGent 52 =31!15196 We have received the #ollouino naterial. Thank you for your a75 ictauce and cooperation. Ordinance Nos, 049-1995, 05C-1995 and • 055-1=95° 1O: Ms, Isabel C. DeSaritis Paputy Clerk Monroe County • F0 8�.�, 1900 Key West. FL 33040 . 1-200-262-CODE (hl2''F, r_') r`'n • , ' Send your ordinances to o;. • Visit our hoes page at htti. . .aa.�.unhL(,.._ — —— — 6 1 f 7~ .."VINGI THI! U,.IS." k.V8 "OR OYER 10 YEARS BOX 1197 . TAVERNIER. FLA. 33070 (305) 862-3218 FAX 852-824. DAGHY .OLPP Bdlto!' . Publllher STA TEMENT 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 _ 11/16/95. 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 newspapero ;': C""l SWOR~ to AN~UBSCRI _16TH DAY OF __NOVEMBER_ A.D. ,1995__ co ~ -- I - U L1.J c:::l '-- ,--.-, - ~ v , i...i..J Z - ~ '-, 1-"_ "'- 4~~ k/ /O~, NOTARY PUBLIC ~y p "'~'d8v<, MY COMMISSION E_W * 01'"" ~ ~It Off~QV$ DAVEE R DOVE My CoI1'll1'linion CC431878 -tIfllr.. rab. 86, ._ Bonded by ANa 800-862-5878 , ' NOTICE OF INTENTION TO CONSIDER • , ADOPTION OF COUNTY ORDINANCE - , NOTICE IS•HEREBY GIVEN TO WHOM Tf MAY CONCERN' that on Tuesday,November 21,1995,at 10:00 A.M.at the Key Largo ti Library, Tradewinds Shopping Center, Key Largo,Monroe County,, Florida,the Board of County Commissioners of Monroe,County,Florida, j , intends to consider the adoption of the followingCounty.ordinance: : ; - ORDINANCE NO. 1995 ` - ' AN ORDINANCE GRANTING THE'FLORIDA KEYS ELEC-' -TRIC'COOPERATIVE ASSOCIATION, INC.,A NONEXCLUSIVE, FRANCHISE FOR THE AREA OF MONROE COUNTY EAST OF THE EAST END OF THE SEVEN MILE BRIDGE FOR THE CONSTRUC-; __ _. ___ . . __ ._ _ - - TION,MAINTENANCE AND OPERATION OF AN ELECTRIC SUP- - PLY SYSTEM;REQUIRING-THE CO-OP TO PREVENT THE CRE-' ATION OF-OBSTRUCTIONS DANGEROUS TO.THE PUBLIC AND' TO REPAIR CO-OP CREATED DAMAGE TO MONROE COUNTY', PROPERTY;REQUIRING THE CO-OP TO MOVE ITS FACILITIES ' AT NO COST TO MONROE COUNTY WHEN NECESSARY FOR i ' •WORK ON MONROE COUNTY ROAD SYSTEM;REQUIRING THAT THE CO-OP HOLD THE MONROE'COUNTY COMMISSION AND? COUNTY OFFICERS AND EMPLOYEES HARMLESS FROM ANY • , DAMAGES RESULTING FROM THE CO-OPS EXERCISE OF ITS• PRIVILEGES UNDER THE FRANCHISE;PROVIDING FOR A 30 YEAR FRANCHISE TERM;PROVIDING FOR ASSIGNMENT OF THE FRANCHISE;PROVIDING THE FRANCHISE DOES NOT ES-' TOP MONROE COUNTY FROM.EXERCISING ANY RIGHT THE COUNTY HAS UNDER CAW;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR INCORPORATION INTO'ITIE MOW ROE COUNTY CODE OF ORDINANCES;AND PROVIDING AN: EFFECTIVE DATE. - . . • - . Pursuant to Section 286.0105,Florida Statutes,notice is given that i if a persoadecided to appeal any decision made by the Board with respect' to any matter considered at such hearing or meeting,he will need arecord. 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 23rd day of October,1995. - -- - - - -- ---- - - DANNY L.KOLHAGE! Clerk of the Circuit Court' and,ex"officio Clerk of the . -Board of County Commissioners' of Monroe County,Florida• Published:11/2 and 11/16/95 ' The Reporter - Tavernier,FL-33070! • - .. i ~ ,,(, < - u' ( . ,-.-) Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE; Befom the undersigned authority personally appeared Randy G. Erickson, who oOn 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 f'..,I(){I'(-e 0-\ (\.Rc.~ t\'( ~O(1 rtJ c"'-t\V€. in the issues of 0(' w~ r ~ 9 +- j if" 1-e (\.1, \) t'\ I \; 10 ~ \ 'd G'\. k--e'-t ~ A s..-S..G E 'J ~ f'\ t - , court, was published in said newspaper in the V\ ') () v.e I"YI t,-e r l ~\ ot q~ I 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, EXPires~/o/yj> Personally Known -----or Produced Identification -. Signature of Affiant) Sworn to and subscribed before me thi , 1995 , '}, , ~~ - c"e"':~'''"T~jgna.Jtrn~';ptf\teta ry Pub I i c) MY '~,;~i.;;;' ;-~':::;~:'l "":~,'; :i.'J:.;: 24 ii 60c';i";':!'ll ';a~JalY1'E:l :,~l.~~tfl ry Pub I ic) .. , '. -. :-:~~~~~,~.'~<:~;~-~~-,dl Type of Identification Produced "NOTICE OF INTENTION TO CON- SIDER ADOPTION OF A COUNTY , ORDINANCE NOTICE IS HEREBY GIVEN TO • WHOM IT MAY CONCERN'that on Tuesday, November 21, 1995, at 10:00 a.m. atthe Key Largo Library, , Tradewinds Shopping 'Center, Key ' Largo, Monroe County; Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the following,'County'•ordi- nance: ORDINANCE NO'.-1995 ; AN ORDINANCE GRANTING THE FLORIDA KEYS ELECTRIC COOP- ERATIVE ASSOCIATION,INC.,A NONEXCLUSIVE FRANCHISE FOR THE AREA OF MONROE COUNTY EAST OF THE EAST END OF THE SEVEN MILE BRIDGE FOR THE CONSTRUCTION,MAINTENANCE AND OPERATION OF AN ELEC- TRIC SUPPLY SYSTEM;REQUIR- ING THE CO-OP TO PREVENT THE I CREATION OF OBSTRUCTIONS DANGEROUS TO THE PUBLIC AND. TO REPAIR CO-OP CREATED DAMAGE TO MONROE COUNTY • PROPERTY;REQUIRING THE CO-OP TO MOVE ITS FACILITIES AT NO COST TO MONROE COUNTY WHEN NECESSARY FOR WORK ON MONROE COUNTY . ' ROAD SYSTEM;REQUIRING THAT, THE CO-OP HOLD THE MONROE • COUNTY COMMISSION AND • COUNTY OFFICERS AND EM- PLOYEES HARMLESS FROM ANY DAMAGES RESULTING FROM THE; CO-OP'S EXERCISE OF ITS PRIVI-1 ' LEGES UNDER THE FRANCHISE; PROVIDING FOR A 30 YEAR FRAN- CHISE TERM;PROVIDING FOR ASSIGNMENT OF THE FRAN- CHISE;PROVIDING THE FRAN • - CHISE DOES NOT ESTOP MON- ROE COUNTY FROM EXERCISING ANY RIGHT THE COUNTY HAS UN- DER LAW;PROVIDING FOR SEV- ERABILITY;PROVIDING FOR THE REPEAL OF ALL.ORDINANCES IN- CONSISTENT HEREWITH;PRO- VIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;AND PROVIDING AN-EFFECTIVE;DATE. Pursuant to Section 286.0105, Flor- 'Ida Statutes, notice is given that if a • :on decided to appeal any deci-, =made by the Board with'respect =;y matter considered at such ogs or meetings, he will need a Sf:of the proceedings, and that, ,ich purpose,he may need to en- 'ghat a verbatim record of the .edings is made; which record ides the testimony and evidence, which the appeal is to be ;es of the above-referenced Or- •Ice are available for review at • carious public libraries in Monroe .nty,Florida. TED at Key West, Florida, this •d day of October,1995. DANNY L.KOLHAGE Clerk of the Circuit Court , 'and ex offico Clerk of the Board of 'County Commissioners of Monroe• County;Florida ; tober 29th & November 12th, J95 (2...{.).., (! ,~" . .. f' 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 advertisem~nt, being a legal notice (\J ') in the matter of Otll( e. v~ l' t;~V\ ~\ '0 Y\ / ~ h ~ '- O'~ \ 'n C<N\. ~ ~.. k. t'\~C~t\1(. 0- ("\on -e. \'\J..e ~('o.".. \c<-. in the ~~ court, was published in sai9 newspaper in the issues of oc. ("'?q ~ ^}()"Ve.VV\Iat-\ \'d.. > tctqs Affiant further says that the said The Key West Citizen is a newspaper published at Key West, in s?id 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. ? ~ 'tl:>:'?'~Y :~ .,.(NamQ)~t tary Public) Expires' v~~/ l~'~:~<:':.~~f):~","".~:'_i I Personally Known ~r Produced Identification -. , 1995 Sworn to and subscribed before me thi~ otary Public) Type of Identification Produced ' NOTICE OF INTENTION-T-O CON-__._. SIDER ADOPTION OF COUNTY DINCNOTICE IS HEREBY GIVEN TO " WHOM IT MAY ONr 2ERN that n Tuesday; 10:00 ia.m.at the Key-Lcgoteibrar y" Tradewinds Shopping Largo, Monroe County, Florida, the' Board of County sioners of Monroe Florida,'County,Flo s intends to consider the following County ordi- nance: ORDINANCE NO.-1995 AN ORDINANCE GRANTING THE FLORIDA KEYS ELECTRIC COOP- ERATIVE ASSOCIATION,INC.,A NONEXCLUSIVE AREA OF MONROE COUNTY THEAST OF THE EAST END OF ESEVEN MILE BRIDGE FOR THE LONSTRUCTION,AND OPERATION OF AN ELEC-E TRIO-SUPPLY-SYSTEM;REQUIR- ' ING THE CO-OP TO PREVENT THE CREATION OF OBSTRUCTIONS DANGEROUS TO THE PUBLIC AND ' TO REPAIR co-op C,REATED DAMAGE TO MONROE COUNTY • PROPERTY; REQUIRING THE, CO-OP TO MOVE ITS FACILITIES . • AT NO COST TO MONROE " COUNTY WHEN NECESSARY FOR WORK ON MONROE COUNTY ROAD SYSTEM;REQUIRING THAT ; ' THE CO-OP HOLD THE MONROE COUNTY COMMISSION AND ' • ' COUNTY OFFICERS AND EM- PLOYEES DAMAGES RESULTING FROM THE ' CO-OP'S EXERCISE OF ITS PRIVI- LEGES UNDER THE FRANCHISE; PROVIDING FOR A 30 YEAR FRAN- 1 ' CHISE TERM;PROVIDING FOR ASSIGNMENT OF THE FRAN- ' CHISE;PROVIDING THE FRAN- CHISE DOES NOT ESTOP MON- ROE COUNTY FROM EXERCISING ' ANY RIGHT.THE COUNTY HAS UN- DER LAW;PROVIDING FOR SEV- ERABILITY;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH;PRO- I, VIDING FOR INCORPORATION ' INTO THE MONROE COUNTY CODE OF ORDINANCES;AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Flor- ida Statutes, notice is iethat if a person decided to appealany i- sibn made by the Board with respect to any matter considered at such hearings ll need a • recordof the p oceed s proceedings, and that, for such purpose,he may need to en- • sure that a'verbatim record of the 'proceedings is made; which record includes the testimony and is toncb • • ' upon which the appeal based. Copies of the above-referenced Or- ' dinance are available for review at the various public libraries in Monroe i County,Florida. DATED. at Key West, Florida, this 23rd day of October,DANNY L.KOLHAGE Clerk of the Circuit Court and ex oifico Clerk of the Board of County Commissioners of o r Monroe •October 29th & November 12th, . in0 KE)'JWEST ITIZEN ~ P-q.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 Adve8ising 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 inthematterof----1\Jo~~("e.... o~ :t:ni.et\.'1lbY'\ I ((,CA. \c~'tS [i oil c. ~'('\ ~L in the court, was published in said newspaper in the issues of (Y)CLIf t h 'd-- ').. +- ~ q) \ q qS 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 thi ~ (Signature of Affiant) ~ay of d4eLJ " 199'5 SEAL Expires: J'~/ Personallyi own.J-- or Produced Identification Type of Identification Produced (Name of Notary Public) 1 --NOTICE-OF-INTENTION TO CON--.---1 - 1 - . SIDER ADOPTION OF COUNTY .i \ . t ORDINANCE - NOTICE IS HEREBY GIVEN TO 1 I WHOM IT SAAY CONCERN that on ' Tuesday, April 18, 1995, at 10:00 , '. ' a.m."at the-Holiday Inn Beachside,,I 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 follow- , ing County ordinance:' • ORDINANCE NO.-1995 AN ORDINANCE GRANTING THE FLORIDA KEYS ELECTRIC COOP- ERATIVE. ASSOCIATION, INC, A , NONEXCLUSI,VE.,FAN,CH,IS.E-.FOR ' THE-AREA-OF,MONROE-COUNTY, EAST OF THE EAST ENSEVEN MILE BRIDGE FOR THE • ' CONSTRUCTION, .MAINTENANCE AND OPERATION OF AN ELEC- . - TRIC SUPPLY SYSTEM; REQUIR- ING THE CO-OP TO PREVENT THE CREATION OF OBSTRUCTIONS "TO REPALR O--OPPUBLIC CREATED DAMAGE TO MONROE COUNTY 1PROPERTY; REQUIRING THE CO-OP TO MOVE ITS FACILITIES AT NO- COST TO MONROE ,COUNTY WHEN NECESSARY FOR . 'WORK' ON MONROE COUNTY t ROAD SYSTEMREQUIR NG THAT COUNTY PCOMMISSIONHOLD•THEONROE ANND 1 COUNTY OFFICERS AND EM- PLOYEES HARMLESS FROM ANY • DAMAGES RESULTING FROM THE I CO-OP'S EXERCISE OF ITS PRIVI- I LEGES UNDER THE. FRANCHISE;, , PROVIDING FOR A 30 YEAR FRAN- \CHISE 'TERM; PROVIDING FOR I ASSIGNMENT OF THE• FRAN- i CHISE; PROVIDING THE FRAN--„ ! CHISE DOES NOT STOP MONROE 1 COUNTY FROM EXERCISING ANY RIGHT—THE—COUNTY HAS UNDER \LAW; PROVIDING FOR SEVER- 1ABILITY;PROVIDING FOR THE RE- • _ __PEAL OF ALL ORDINANCES cIN- OONSISTENT—HEREWITH;--PRO- ' VIDING FOR INCORPORATION lis`TO THE., MONROE COUNTY CODE OF ORDINANCES; AND ' PROVIDING AN EFFECTIVE DATE. •Pursuant to Section 286.0105, Flor- r ida Statutes`, notice is given that if a pe`-rson.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 i made,which record includes the tes- timony and evidence upon,which the i appeal is to based. . . ' 1 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 lorida 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 I . Monroe County, Florida. ,I March 22nd&29th, 1995. 7ie SERVING THE UPJ:I.R K.V& fOR OYER 20 YEAR8 BOX 1197 . TAVERNIER, FLA. 33070 (3051 862-3218 FAX 852-824e DAGNY WOLFP BdItor . Publllber STATEMENT OF PROOF OF PUBLICATION ST ATE 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. ~ SWORN TO AND SUBSCRIBED BEFORE ME TIns _30TH_ DAY OF __MARCH_ A.D. , 1995__ &~K~ NOTARY PUBLIC .,",- . MY COMMISSION Ei~.tiiE~: , . "'f{ ;', ;~;l:;/ t~' riP,VEE R DOVE My c..ornmission CCUI1878 Ex",,""" Feb,06. 1998 "<jod by AN8 ~'OO'852'5878 t NOTICE OF INTENTION TO CONSIDER " ADOPTION OF COUNTY ORDINANCE- NOTICE IS HEREBY GIVEN TQ WHOM IT MAY CONCERN- . .that on Tuesday, April 18, 190'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 GRANTING THE FLORIDA KEYS.ELEC- • TRIC COOPERATIVE ASSOCIATION, INC.-A NONEXCLUSIVE FRANCHISE FOR THE AREA OF MONROE COUNTY EAST OF THE • I"-EAST END OF THE SEVEN MILE BRIDGE FOR THE CONSTRUC-. TION,MAINTENANCE AND OPERATION OF AN ELECTRIC SUP- PLY SYSTEM;REQUIRING THE CO-OP TO PREVENT THE CRE- ATION"OF OBSTRUCTIONS DANGEROUS TO THE PUBLIC AND , TO REPAIR-CO--OP CREATED DAMAGE TO MONROE COUNTY PROPERTY;REQUIRING THE CO-OP TO MOVE ITS FACILITIES AT NO COST TO MONROE COUNTY WHEN NECESSARY FOR 'WORK ON MONROE COUNTY ROAD SYSTEM;REQUIRING THAT THE CO-OP HOLD THE MONROE COUNTY COMMISSION AND COUNTY OFFICERS AND EMPLOYEES HARMLESS FROM ANY DAMAGES RESULTING FROM THE CO-OP'S EXERCISE OF ITS i PRIVILEGES UNDER THE FRANCHISE;PROVIDING FOR A 30 i.YEAR FRANCHISE; PROVIDING THE FRANCHISE DOES NOT 'ESTOP MONROE COUNTY FROM EXERCISING ANY RIGHT THE' '•COUNTY HAS UNDER LAW; PROVIDING FOR SEVERABILITY; 1.PRO V IDIN.G FOR REPEAL OF ALL ORDINANCES INCONSISTENT- ; HEREWITH;'PROVIDING FOR INCORPORATION INTO THEMON- ROE COUNTY CODE;AND PROVIDING AN EFFECTWE DATE. ; •,' Pursuant to Section 286.0105;FloridaStatutes;.notice is given that- ; ' if.a person decided-to appeal any decision made by the Ioard.withresPeCt ; to any matter considered at such hearing or e h may need to ensure that 4 WiI1 need a record .of the proceedings,and that;for such purpose, • I a verbatim record of the proceedings is made,which record includes the ' • ; testimony and evidence,upon which the appeal is to be based. ' j - 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 �< B oard of County Commissioners t of e Monro County,Florida , + Published:3/23 and 3/30/95' . ' The Reporter . , -Tavernier,FL 33070 • • • PROOF.OF PUBLICATION • T ,• m•' , THE FLORIDA KEYS KEYNOTER . - Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA • STATE OF FLORIDA ) COUNTY OF MONROE) • who on oath, says the undersigned authority personally appeared _Tom Schumaker ____ that he/sh • r r•:r . Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHO • Notice Of-Intention 'Lb Onside - - in MONROE-COUNTY;-FLORIDA_; -that-.the-attasbed..eopy of advertisement, being- - _ •:- Adoption of County Ordinance IN THE MATTER OF: See Attached in tl • Court was published in said newspaper in the issues c November 4, 18, 1995 _Ino.8858300 _ ~— M— TONTIS OF INTENTCONSIDERAENTIONN OF COUNTY ORDINANCE Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper NOTICE IS HEREBY GIVEN TO' WHOM IT MAY CONCERN that at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- I, on1995,at Tuesdiaayy, a v at embere Key 1 i Largo Library,Track/winds Shop- paper has heretofore been continuously published in said MONROE COUN- ping Center,Key Largo,Monroe County, Florida, the Board of Mon- TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been roeCounty,Commissionersl da tends of consider the adoption of the fol- entered as second class mail matter at the post office in MARATHON, in lowing County ordinance: ORDINANCE NO. -1985 said MONROE COUNTY, FLORIDA, for a period of one year next preceding AN ORDINANCE GRANTING the first publication of the attached copy of advertisement; and affiant fur- THE FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC.,A NONEXCLUSIVE FRAN- ther says that he has neither paid nor promised any person, firm, or corpO- • _i CHISE FOR THE AREA OF MON ROE COUNTY-EAST OF THE . EAST END OF THE SEVEN MILE ration any discount, rebate, commission or refund for the purpose of secur- BRIDGE FOR THE CONSTRUC- TION,MAINTENANCE AND OP- ing this advertisement for publication in the said newspaper.(SEAL) ERA1IONOFAN ELECTRIC SUP- PLY SYSTEM;REQUIRING THE Pursuant to Section 286.0106, CO OP TO PI EVENT THE CAE- • Florida Statutes, notice is given AT1ON OF OBSTRUCTIONS UC that if a person decided to appeal AND TO REPAIR�CREAT any decision made by the Board ED DAMAGE TO MONROE with respect to any matter con- COUNTY PROPERTY; REQUIR- . sidered at such heanngs'or meet- ING THE CO-OP TO MOVE ITS / ings,he will need a record of the'FACILfTiES AT NO COST TO cf proceedings, and that,-for such ' MONROE COUNTY WHEN NEC- he may need to"ensure !ESSARY FOR WORK ON M EC- •__�__�___ verbatim record of the pro- ,ROE COUNTY ROAD"SYSTEM; includes gs is mesa,which record REQUIRING THAT THE CO-OP includes the.testimony and'evi- HOLD THE MONROE COUNTY MICHEAL R.FO dance upon which Ina appeal is COMMISSION AND COUNTY O0 1°I to be based , OFFICERS AND EMPLOYEES O MyComm �_ rest Copies of the above-referenced' AGES RESULTING R°M FROM THE AM- ,, ti, p' q HARMLESS FROM ANY DAM- S C a 1 W b Bonded By Yidif ordinance are available for review (seal) CO-OP'S EXERCISE OF ITS PRIV- ae PUBLIC '� vq� at the various public libraries in ILEGES UNDER THE No. Ci� 3 L1Y Monroe County„Florida. CHISE' PROVIDING FOR A 30 .(; ' •sally Known IOLVD. DATED at Key West,Florida,this VI�DIN FOR ASSIGN E;PRO- 23rd day October,1995. THE FRANCHISE; PROVIDING SWORN TO AND SU:SCRIBED BEFORE ME THIS 18th DANNY L.KOLHAGE THE FRANCHISE DOES NOT • Clerk of the Circuit Court ESTOP MONROE COUNTY and ex officio Clerk of the FROM EXERCISING ANY RIGHT Board of County Commissioners THE COUNTY HAS UNDER' of Monroe County,Florida LAW;PROVIDING FOR SEVER- Publish:November 4,18,1995 REPEAL Of ALLITY; ING ORDIINOARNCES DAY OF _�� Florida Keys Keynoter INCONSISTENT HEREWITH; NOVPIIIbPr •D• 19 95 PROVIDING FOR INCORPORA- TION INTO THE MONROE COUNTY CODE OF ORDI- ±--- --t AlG.t-i-- -:--- Cjig ____...____________._,_.-_, NANCES;AND PROVIDING AN EFFECTIVE DATE. PROOF OF PUBLICATION t • - P THE FLORIDA KEYS KEYNOTER Published Tw • ice 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 advertisement, being Notice Of Intention To Consider Adoption Of County Ordinance IN THE MATTER OF: Ordinance Granting The Florida Keys Electric Co-Op Assoc in the Inc . A Nonexclusive Franchise • Court was published in said newspaper in the issues of March 22, 29, 1995 • -r,o.sozlsoo .NOTICE OF INTENTION ,TO'CONSIDER ADOPTION OF COUNTY ORDINANCE • • Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday,April 18 1995, at at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- •10:00 a.m. at the,Holiday Inn Beachside, 3841 North Roose- velt Boulevard, Key West, Mon- paper has heretofore been continuously published in said MONROE COUN- i tynossofanoCmmisonerrMo - roe County, Florida, intends to TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been consider the adoption of the:fol- lowing County ordinance: entered as second class mail matter at the post office in MARATHON, in I ORDINANCE NO. 1995' ' AN ORDINANCE GRANTING said MONROE COUNTY, FLORIDA, for a period of one year next preceding f THE FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC. A NONEXCLUSIVE FRAN- the first publication of the attached copy of advertisement; and affiant fur- ROECOUNTY EAST OF THE EAST END OF THE SEVEN MILE, ther says that he has neither paid nor promised any person, firm, or corpo- �.BRIDGE'FOR THE CONSTRUC- ' p TION,MAINTENANCE AND OP- 'ERATION OF AN ELECTRIC SUP= PLY SYSTEM- REQUIRING THE ration any discount, rebate, commission or refund for the purpose of secur- I Co oP TO PREVENT THE CRE- ATION OF OBSTRUCTIONS ; DANGEROUS-TO THE PUBLIC ing this advertisement for publication in the said newspaper.(SEAL) AND TO'REPAIR CO OP GREAT- ED DAMAGE TO MONROE II COu,NTY'PROPERTY- REQUIR- ING THE CO-OP TO MOVE ITS l FACILITIES AT, NO COST TO MONROE COUNTY WHEN NEC- . • ESSARY FOR WORK ON MON- ROE COUNTY ROAD SYSTEM' : r =REQUIRING THAT THE CO-OP i HOLD THE MONROE COUNTY _ggfTi YryF, _ j:7�41�,+N^ HACOMMISSION AND COUNTY. OFRMLESS FROM ANY EMPLOYEESD DA �� liL. �Zs AGES RESULTING"FROM THE tf- --- ,, Y Comm Exp. J • :� ('y CO-OP"S EXERCISE OF ITS PRIV-; ,.+1�^"^ �b L'•F/ °viE:k11 1( lI-'9` �'� � ILEGES UNDER THE-•FRAN- °S1.11. ,;,l.\d B B in CHISE• PROVIDING FOR A-30 r "1'•'� i. r°ui v_`C By Service Ins '-YEAR FRANCHISE TERM;PRO- • 3 .✓,�- 4 TIDING FOR ISE;ASSIGNMENT OF u I�-,. '+"b THE FRANCHISE; PROVIDING No.• +C �w�3�� THE FRANCHISE -DOES NOT (sealSeal STOP.MONROE COUNTY FROM ) of Personalty Known []Ofre[L A. EXERCISING.ANY RIGHT THE • I COUNTY HAS UNDER LAW; PROVIDING FOR SEVERABILI- TY; PROVIDING FOR'THE RE- . PEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH;PRO- VIDING FOR INCORPORATION INTO THE MONROE COUNTY SWORN TO AND SUBSCRIBED BEFORE ME THIS {p CODE OF ORDINANCES; AND ,PROVIDING AN '-EFFECTIVE DATE. 1' ¢¢ Pursuant to Section 286.0105, • 1, Florida Statutes, notice is given that-if a person decides to appeal 9 5 any decision made by the Board March A.D• 1(�� 95 with respect to any matter con DAY OF __MM ...--.--_�� - sidered at the healing, he'will •need arecord of the proceedings, and that; for such purpose; he a may need to ensure that a verba- tim record of the vidence up is ____ made,which record includes the ' testimony and•evidence upon -tigie.1.2Lc )62i which the appeal:is to be based. - i•Copies of the above-referenced -ordinance,are available for review at•the various public libraries in I•I Monroe County,Florida: • P-DATED et Key West,Florida,,this 17th day of March,1995; DANNYI..KOLHAGE Clerk o the Circuit Court- • - and ex officio Clerk of the Board of County Commissioners •' of Monroe County,Florida 1 , Publish:March 22,29,1995 . I.. r- Florida Keys Keynoter. NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday. November 21. 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: ORDINANCE NO. -1995 AN ORDINANCE GRANTING THE FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION. INC.. A NONEXCLUSIVE FRANCHISE FOR THE AREA OF MONROE COUNTY EAST OF THE EAST END OF THE SEVEN MILE BRIDGE FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF AN ELECTRIC SUPPLY SYSTEM: REQUIRING THE CO-OP TO PREVENT THE CREATION OF OBSTRUCTIONS DANGEROUS TO THE PUBLIC AND TO REPAIR CO-OP CREATED DAMAGE TO MONROE COUNTY PROPERTY; REQUIRING THE CO-OP TO MOVE ITS FACILITIES AT NO COST TO MONROE COUNTY WHEN NECESSARY FOR WORK ON MONROE COUNTY ROAD SYSTEM: REQUIRING THAT THE CO-OP HOLD THE MONROE COUNTY COMMISSION AND COUNTY OFFICERS AND EMPLOYEES HARMLESS FROM ANY DAMAGES RESULTING FROM THE CO-OP'S EXERCISE OF ITS PRIVILEGES UNDER THE FRANCHISE: PROVIDING FOR A 30 YEAR FRANCHISE TERM; PROVIDING FOR ASSIGNMENT OF THE FRANCHISE: PROVIDING THE FRANCHISE DOES NOT ESTOP MONROE COUNTY FROM EXERCISING ANY RIGHT THE COUNTY HAS UNDER LAW; 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. Pursuant to Section 28600105. 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 slJch 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 20th day of October, 1995. .. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County. Florida (SEAL) Board of County Commissioners ORDINANCE NO -1995 AN ORDINANCE GRANTING THE FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC. A NONEXCLUSIVE FRANCHISE FOR THE AREA OF MONROE COUNTY EAST OF THE EAST END OF THE SEVEN MILE BRIDGE FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF AN ELECTRIC SUPPLY SYSTEM; REQUIRING THE CO-OP TO PREVENT THE CREATION OF OBSTRUCTIONS DANGEROUS TO THE PUBLIC AND TO REPAIR CO-OP CREATED DAMAGE TO MONROE COUNTY PROPERTY; REQUIRING THE CO- OP TO MOVE ITS FACILITIES AT NO COST TO MONROE COUNTY WHEN NECESSARY FOR WORK ON MONROE COUNTY ROAD SYSTEM; REQUIRING THAT THE CO-OP HOLD THE MONROE COUNTY COMMISSION AND COUNTY OFFICERS AND EMPLOYEES HARMLESS FROM ANY DAMAGES RESULTING FROM THE CO-OP'S EXERCISE OF ITS PRIVILEGES UNDER THE FRANCHISE; PROVIDING FOR A 10 YEAR FRANCHISE TERM; PROVIDING THE FRANCHISE DOES NOT ESTOP MONROE COUNTY FROM EXERCISING ANY RIGHT THE COUNTY HAS UNDER LAW; 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. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. The Florida Keys Electric Cooperative Association. Inc. a non-profit corporation, its successors and assigns (hereafter "Co-op") is granted a nonexclusive franchise to construct. maintain, repair, operate. and remove. under. on. over, across and along; the existing and future County roads. highways. streets, avenues, alleys, bridges, and easements (herein "the County rights-of-way"), within the following area of Monroe County: That portion of Monroe County lying east of a line running north and south that intersects with the northeastern end of the Seven Mile Bridge at Marathon, lines for the distribution of electricity. together with all necessary or desirable appurtenances (including conduits. poles. towers and wires) for the purpose of supplying electricity to all persons, corporations, inhabitants, and governmental entities, within and beyond the area just described. This franchise grants no right to utilize the County rights- '!i..-__"~ of-way for any purpose other than the distribution by the Co-op of electricity as aforesaid. The County expressly reserves to itself the exclusive right to regulate. by franchise or otherwise. use of the County rights-of-way for any other purpose. and further reserves to the County the right to all revenue realized from such other purpose (including. without limitation. payments from other utilities and cable television suppliers). Section 2. In exercising its privileges under this franchise. the Co-op shall: a) Prevent the creation of any obstructions or conditions which may become dangerous to the traveling public; and b) Promptly repair any damage or injury to any County road, highway, street. avenue. alley, bridge or easement. caused by the Co-op and restore it to a condition at least equal to that which existed immediately prior to the injury. Section 3. In the event of the widening. repair. or reconstruction. of any County road, highway, street, avenue. alley, bridge or easement. the Co-op shall promptly, upon request of the County, move or remove its electric transmission lines and appurtenances at no cost to Monroe County. Section 4. The Co-op shall hold Monroe County and its officers and employees harmless from the payment of any compensation or damages resulting from the exercise of the privileges granted in this franchise. Section 5. The term of this easement is ten (10) years commencing on the effective date of this ordinance provided. that in the event that. during the term of this Agreement. the Maintenance Agreement (as it may hereafter be amended, modified or extended) between the Co-op and the County expires. the term of this Agreement shall expire six (6) months after expiration of the. Maintenance Agreement. Section 6. This ordinance granting a franchise to the Co-op does not waive or estop Monroe County from exercising any right or privilege it has under law. 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 80 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. 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 . AD, 1995. Commissioner Douglass Commissioner Harvey Commissioner London Commissioner Reich Mayor Freeman (SEAL) Attest: DANNY L.KOLHAGE. Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman EFFECTIVE DATE jordfkec .. ,.:,{...',,"," NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE -.. - Q :z: ::.0, c;:',' -' ~ ~ ,.,.. - r- /"T1 o ,:s:, ,..: N '- -" NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN tha~D Tuesday, -,' ,. \J ; April 18, 1995, at 10:00 a.m. at the Holiday Inn Beachside, 3841 N?Mh',Roos~elt~_; ~- ::ry Boulevard, Key West, Monroe County, Florida, the Board of County t~mmissi~ers :) of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO - 1 995 AN ORDINANCE GRANTING THE FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC. A NONEXCLUSIVE FRANCHISE FOR THE AREA OF MONROE COUNTY EAST OF THE EAST END OF THE SEVEN MILE BRIDGE FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF AN ELECTRIC SUPPLY SYSTEM; REQUIRING THE CO-OP TO PREVENT THE CREATION OF OBSTRUCTIONS DANGEROUS TO THE PUBLIC AND TO REPAIR CO-OP CREATED DAMAGE TO MONROE COUNTY PROPERTY; REQUIRING THE CO-OP TO MOVE ITS FACILITIES AT NO COST TO MONROE COUNTY WHEN NECESSARY FOR WORK ON MONROE COUNTY ROAD SYSTEM; REQUIRING THAT THE CO-OP HOLD THE MONROE COUNTY COMMISSION AND COUNTY OFFICERS AND EMPLOYEES HARMLESS FROM ANY DAMAGES RESULTING FROM THE CO-OP'S EXERCISE OF ITS PRIVILEGES UNDER THE FRANCHISE; PROVIDING FOR A 30 YEAR FRANCHISE TERM; PROVIDING FOR ASSIGNMENT OF THE FRANCHISE; PROVIDING THE FRANCHISE DOES NOT ESTOP MONROE COUNTY FROM EXERCISING ANY RIGHT THE COUNTY HAS UNDER LAW; 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. 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) County Administrator ORDINANCE NO -1995 AN ORDINANCE GRANTING THE FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INCo, A NONEXCLUSIVE FRANCHISE FOR THE AREA OF MONROE COUNTY EAST OF THE EAST END OF THE SEVEN MILE BRIDGE FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF AN ELECTRIC SUPPLY SYSTEM; REQUIRING THE CO-OP TO PREVENT THE CREATION OF OBSTRUCTIONS DANGEROUS TO THE PUBLIC AND TO REPAIR CO-OP CREATED DAMAGE TO MONROE COUNTY PROPERTY; REQUIRING THE CO- OP TO MOVE ITS FACILITIES AT NO COST TO MONROE COUNTY WHEN NECESSARY FOR WORK ON MONROE COUNTY ROAD SYSTEM; REQUIRING THAT THE CO-OP HOLD THE MONROE COUNTY COMMISSION AND COUNTY OFFICERS AND EMPLOYEES HARMLESS FROM ANY DAMAGES RESULTING FROM THE CO-OP'S EXERCISE OF ITS PRIVILEGES UNDER THE FRANCHISE: PROVIDING FOR A 30 YEAR FRANCHISE TERM: PROVIDING FOR ASSIGNMENT OF THE FRANCHISE; PROVIDING THE FRANCHISE DOES NOT ESTOP MONROE COUNTY FROM EXERCISING ANY RIGHT THE COUNTY HAS UNDER LAW: 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. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. The Florida Keys Electric Cooperative- Association, Inc., a non-profit corporation, its successors and assigns (hereafter Co-op) is granted a nonexclusive franchise to construct, maintain. repair, operate, and remove, under, on. over, across and along, the existing and future County roads, highways, streets, avenues, alleys, bridges. and easements, within the following area of Monroe County: That portion of Monroe County lying east of a line running north and south that intersects with the northeastern end of the Seven Mile Bridge at Marathon. lines for the distribution of electricity, together with all necessary or desirable appurtenances (including conduits. poles. towers and wires. and telecommunications lines for the Co-op's own use) for the purpose of supplying electricity to all persons, corporations. inhabitants. and governmental entities. within and beyond the area just described. Section 2. In exercising its privileges under this franchise. the Co-op must: a) Prevent the creation of any obstructions of conditions which may become dangerous to the traveling public; and b) Promptly repair any damage or injury to any County road. highway. street. avenue. alley. bridge or easement, caused by the Co-op and restore it to a condition at least equal to that which existed immediately prior to the injury. Section 3. In the event of the widening, repair, or reconstruction, of any County road, highway. street. avenue. alley. bridge or easement. the Co-op must move or remove its electric transmission lines and appurtenances at no cost to Monroe County. Section 4. The Co-op must hold the Monroe County Boord of County Commissioners and its officers and employees harmless from the payment of any compensation 0 or damages resulting from the exercise of the privileges granted in this franchise. Section 5. The term of this franchise is 30 years commencing on the effective date of this ordinanceo Section 60 The Co-op may assign any right or privilege granted under this franchise without the consent of Monroe County but an assignee is bound by the terms of this franchise to the same extent as the Co-op. Section 7. This ordinance granting a franchise to the Co-op does not waive or estop Monroe County from exercising any right or privilege it has under law. Section 8 0 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. 2 Section 9. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 10. 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 11. 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 , AD, 1995. Mayor Freeman Mayor Pro T em London Commissioner Harvey Commissioner Reich ' Commissioner Douglass (SEAL) Attest: DANNY L. KOLHAGE. Cieri< BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman EFFECTIVE DATE jordfkec 2/21 APf'RCNro AS TO F".... ~ "~ 3