Ordinance 052-1995
Board of County Commissioners
ORDINANCE NO 052 -1995
AN ORDINANCE ENJOINING THE ACCEPTANCE OF SUBSTITUTED SERVICE OF PROCESS
BY ANY COUNTY EMPLOYEE ON BEHALF OF ANOTHER COUNTY EMPLOYEE. THE
COUNTY ATTORNEY, THE COUNTY ADMINISTRATOR, CLERK OF COURTS, OR A COUNTY
COMMISSIONER; PROHIBITING THE AUTHORIZATION OF ANY COUNTY EMPLOYEE TO
ACCEPT SERVICE OF PROCESS FOR ANOTHER; REQUIRING THAT ANY COUNTY
EMPLOYEE SERVED TO IMMEDIATELY FORWARD A COpy OF SUCH DOCUMENT TO THE
OFFICE OF THE COUNTY ATTORNEY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County, Florida, wishing to establish
a uniform procedure for acceptance of service of process amongst its governing body and
employees which will conform to the applicable Florida Statutes and RUles~f ~,iVil ~ C~inal
Procedure, and which will serve to avoid abuse of process, hereby promulga~~ ord~ance{d,ow
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therefore gr-. I 0
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MON~ COUNtY, FL<JmIDA
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that:
Section 1.
No Monroe County employee shall accept service of process on behalf of
another Monroe County employee, the County Attorney, the County administrator, the Clerk of
Courts, or any County Commissioner. Process includes, but is not limited to, summons and
complaints, trial subpoenas, and subpoenas for depositions. Nothing in this ordinance shall prohibit
the County Attorney from filing a responsive pleading or motion, thereby waiving service of a
summons and complaint, in any case whenever the County, a member of the Board of County
Commissioners, or an executive employee in official capacity is named a defendant.
Section 2.
No Monroe County employee, inclusive of the County Attorney, the County
Administrator, the Clerk of Courts, or any County Commissioner shall authorize any Monroe County
employee to accept service of process on behalf of any other Monroe County employee, the
County Administrator, the Clerk of Courts, or any County Commissioner and as above described or in
any other form.
Section 3.
, Any Monroe County employee, inclusive of the County Administrator, the Clerk
of Courts, or any County Commissioner shall immediately make a photocopy of any document
served or attempted to be served upon that employee. Unless such process is directed to the person
served therewith, acceptance of service shall be refused, the original shall be returned to the party
attempting service, and the photocopied documents shall be forwarded to the office of the County
Attorney forthwith, noting thereon the time, date and name of person upon whom service was
attempted.
Section 4.
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 5.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 6.
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 7.
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 20thdayof December
, AD, 1995.
Commissioner Douglass
Commissioner Harvey
Commissioner London
Commissioner Reich
Mayor Freeman
yes
yes
a15Sent
~
~
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Byc:S~i!!;?/-F~
Mayor/C Irman
By flour;. ~~
~
Deputy Clerk I.
EFFECTIVE DATE J "/96
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BRANCH OFFICE!
3117 OVERSEAS HIGHWAY
MARAlHON, FLORIDA 33050
TEL. (305) 289~27
FAX (305) 289-1745
CLERI< OF lHE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
I<BY WEST, FLORIDA 3300J
TEL, (305) 292-3550
FAX (305) 295-3660
January 10, 1996
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070 .
TEL. (305) 852-7145
FAX (305) 852-7U6
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott BuUdinl
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
Enclosed please find certified copies of Ordinance Nos. 052,053, " 054-1995
which are self-explanatory.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meetlnl In fonnal session on December 20, 1995. Please
file for record.
Danny L. Kolhale
Clerk of Circuit Court
and ex omcio Clerk to the
Board of County Commissioners '
By: Isabel C. DeSantk
~Cp:~
Deputy Clerk
cc: Municipal Code Corporation
County Commissioners
County Administrator
Cou., Attonaey
BuUctiaa Department, Ord.1t54-1995
Public Works Department, Ord.1053-1995
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FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
SecretaI}' of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
(904) 488-8427
January 16, 1996
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention:
Isabel C. DeSantis, Deputy Clerk
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Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter dated January 10, 1996 and
certified copy of Monroe County Ordinance Nos. 95-52, 95-53,
and 95-54, which were filed in this office on January 16, 1996.
Sincerely,
Li~h~
Bureau of Administrative Code
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MUNICIPAL CODE CORPORATION ./API IWS 41i,- ' J. .t�IIS l�,Gt . .
SLppletent }ep&rtrant •' i�: •,
JAN31'96 g{P4ei A ®
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Tallahassee, Fl 22
316-2235 ,c
PLix° PB.867224 il,
Ali^t)lu6
Supplement 5�9
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4±e have received the i_I_-_in'i fla-_, 11.
' Thankdou for 'your a5-iO13nCn: and cooperation. i
A'
8rdinance Nos. 052-1995; 052-1995 and
i 54--1995. TO:
. Ms. Isabel C. ➢eSantis •
ueputy Clerk.
Monroe County
PO BO:; 1980
. Key West; FL 33040
'
1-800-2E2-00➢E (National) Et}S
Send your ordinances to ords8nail.®:inicode.00ta
' Visit Our home page at http://Wwy,Fmunicade.con ——
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B.u('c
KE~EST
ITIZEN
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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 advertisement, being
a legal notice
in the matter of ol\c-e ()~ 4t""'\t-€rv:t / ouV'\.* O('dl'V\CLQ\.C..e
(V\IOh'\\'V'I~ 1J'l~ QC.C~F!-"'AC~ ()~ ::\u1s.~\,t'^-t.-( ~-e.rul'c~
in the court, was published in saj9 newspaper in the
issues of V\)00~YV1\J<( 'd--G ~ CXe-enob-e, L<:v) lC\.C(S,
Affiant further says that the said Tile 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,
Sworn to and subscribed before me this
. ature of Affiant)
.Ib~
, 1995
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Il~/ .t\ 'V~ MY~O";MISS'C!\l if CG 354124
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Expires' //
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Personally Known ~or Produced Identification _.
otary Public)
otary Public)
Type of Identification Produced
NOTICE OF INTENTION TO CON-"-
SIDER ADOPTION OF A COUNTY ,
• r r ORDINANCE ._
NOTICE IS HEREBY GIVEN TO
WHOM.IT MAY CONCERN that on
,.• Wednesday, December 20, 1995, at
10:00 a.m. at the Marathon Govern- •
ment Center. 2798 Overseas High- '
way, Marathon, Monroe County, ,
Florida, the Board of County Com-
'• missioners of Monroe County, Flor-
ida, intends to consider the following '
r, County ordinance:
AN ORDINANCE ENJOINING THE
ACCEPTANCE OF-SUBSTITUTED
«t, SERVICEQUROCESS BY ANY
c
1 COUNTY EMPLOYEE ON_BEHALF
OF ANOTHER COUNTY EM-
-PLOYEE,THE COUNTY ATTOR-
NEY,THE COUNTY ADMINISTRA-
TOR,CLERK OF COURTS,OR A
COUNTY COMMISSIONER;PRO •
-
HIBITING THE AUTHORIZATION
OF ANY COUNTY EMPLOYEE TO
ACCEPT SERVICE OF PROCESS
FOFIAANNYOCOUNTHER;RY EQUI EMPLOYEE HAT
SERVED TO IMMEDIATELY FOR-
WARD A-COPY OF SUCH DOCU-
MENT TO THE OFFICE OF THE- •
COUNTY ATTORNEY;PROVIDING '
FOR SEVERABILITY;PROVIDING
-FOR THE REPEAL-OF-ALL ORDI-
NANCES INCONSISTENT HERE-
WITH;PROVIDING FOR INCORPO-
RATION 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
person decided to appeal any deci-
sion made by the Board with respect
to.any matter_Mconsidered at such
hearingss oLp eetings,_he_wili-need a
record of:the 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 evidence
upon which the appeal is to be '
based.
I Copies of the above-referenced Or- '
I dinance are available for review at
the various public libraries in Monroe
County,Florida.
DATED at Key West, Florida, this
20th day of November, 1995.
DANNY L.KOLHAGE '
Clerk of the Circuit Court
and'ex offico Clerk of the Board of
. County Commissioners of Monroe
, County,Florida •;
November 26th & December 10th,
1995-
.;
..
B .(J. c... (' ,
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE;
BefOFe the undersigned authority personally appeared 'R'andy G, Erickson, who o'n oath
says that he is Advertising Manager of the 1<ey 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
O'i'c\..\f"I~w-t
in the
issues of ^1ou€.vV\ ~r d- r;,
~\'C-e...- CJ~ ~1~'~\'oV'\ ( CCH,.<-r'\ t"-( ord.-nO\.n('-(
4?n1l'lrnrllj ~h-e L.et.f. p'4nr-L d(.. .s.c..chs-2\..t....~d S<'fUl (~
. court, was published in said newspaper in
~ D.ec~ ~~ t lO) (C(ct~
the
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
continuouslypubli$hed in said Monroe County, FICirida,each day (except Saturdays and
specified holidays) and has been entered as second-class mail maUer at the post office in
Key West, in said Monroe County, Florida, for a PE?riod of 1 year next preceding the first
publication of the attached copy of advertisement; and affiant further says that he has nei-
ther paid nor promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said news-
pape r.
ture of Affiant)
, 1995
ry Public)
Expires' ~1#f
Personally Known .:::--t5r Produced Identification -,
~Cy E, CEiER
,'P.-" ';0\ . CC 354124
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Public)
Type of Identification Produced
r-NU10E-OF INTENTION TO CON-7
SIDER ADOP
ORTION OF A COUNTY �
•
DINANCE
NOTICE I$ HEREBY GIVEN TO
WHONLIt_MAY CONCERN-that on
Wednesday, December 20, 1995, at
10:00 a.m. at the Marathon Govern •
ment Center, 2798 Overseas High- 'i
way, Marathon, Monroe County,
Florida, the Board of County Corn
missioners of Monroe County, Flor-
I Ida, intends to consider the following
i County ordinances' =
r ,AN.ORDINANCE ENJOINING THE,
ACCEPTANCE OF:SUBSTITUTED
SERVICE OF PROCESS BY ANY
COUNTY EMPLOYEE ON BEHALF
• I OF ANOTHER COUNTY EM-
PLOYEE,THE COUNTY ATTOR-
NEY,THE COUNTY ADMINISTRA-
TOR,CLERK OF COURTS,OR A
' COUNTY COMMISSIONER;PRO-
HIBITING THE AUTHORIZATION
OF ANY COUNTY EMPLOYEE TO
• ACCEPT SERVICE OF PROCESS
FOR ANOTHER;REQUIRING THAT,
ANY COUNTY EMPLOYEE I
SERVED TO IMMEDIATELY FOR-
• WARD A COPY OF SUCH DOCU-
MENT TO THE OFFICE OF THE
COUNTY ATTORNEY;PROVIDING
FOR SEVERABILITY;.PROVIDING
FOR THE REPEAL OF ALL ORDI-
NANCES INCONSISTENT HERE-
WITH;PROVIDING FOR INCORPO-I
RATION INTO THE MONROE
, COUNTY CODE OF ORDINANCES;i
AND PROVIDING AN EFFECTIVE
DATE.
Pursuant to Section 286.0105, Flor
ida Statutes, notice is given that if a,
person decided to appeal any deci-,
• sign made by the Board with respect
to. .any, matter considered at such,
hearings or meetings, he will need a,
record of the proceedings, and that,;
for such purpose,he,may need to en
sure that a verbatim record of the I
I includes the testimony ndevidgs is made;,which ence1,
upon which the appeal is to .be,
I based.
'' Copies of the above-referenced Or-
j dinarice are available for review, at
' the various public libraries in Monroe
County,Florida.
DATED at Key West, Florida, this
20th day of November,
1995.
DANNYL.KOLHAGE
Clerk of the Circuit Court
•
I and ex offico Clerk of the Board of
k • County Commissioners of Monroe
County,Florida
November 26th & December, 10th,
__-
.,.
"
..MVINII THI! UISIS." K.V.
FOR OYlER to YEAR.
BOX 1197 . TAVERNIER, f=LA. 33070
(305) 852.3218
FAX 852-8249
DAONY WOLPP
Bcllter . Publ.....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 MA TTER OF_NOTICE OF INTENTlON_.
IN THE Court, was published in said newspaper in the issues of _ 11/30 and
12/14/95.
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.
!k3&!(
SWORN TO AND SUBSCRIBED BEFORE ME THIS _14TH DAY OF __DECEMBER_ A.D. . 1995__
4J~~LZ- k /f)-<I~.
NOTARY PUBLIC
,v.\~~i\'. ;--:';~j._
'~_6v"
MY COMMISSIOft}l\lgjf~
~~~~
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DA \lEE A DOVE
My ComrniRion CC431_
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Bonded by ANa
800-852-5878
A � r
.�
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE.IS HEREBY GIVEN TO WHOM IT MAY CONCERN'
that on Wednesday,December 20,1995,at,10:00 A.M.at the Marathon
Government Center,2798 Overseas Highway,Marathon,Monroe Coun-
-ty,Florida, the Board of.County Commissioners of Monroe County,
Florida,intends to consider the adoption of the following County ordi-'
nance: . . I
AN ORDINANCE ENJOINING THE ACCEPTANCE OF SUB-
STITUTED SERVICE OF PROCESS BY ANY COUNTY EMPLOYEE'
ON BEHALF OF ANOTHER COUNTY EMPLOYEE,THE COUNTY
ATTORNEY, THE COUNTY ADMINISTRATOR, CLERK OF,
, COURTS,OR A COUNTY COMMISSIONER;PROHIBITING THE
, AUTHORIZATION OF ANY COUNTY EMPLOYEE TO ACCEPT,
• SERVICE OF PROCESS FOR ANOTHER;REQUIRING THAT ANY
COUNTY.EMPLOYEE SERVED TO IMMEDIATELY FORWARD A•
COPY OF SUCH DOCUMENT TO THE OFFICE OF THE COUNTY
•ATTORNEY;PROVIDING FOR SEVERABILITY;PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;PRO-
VIDING 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 aperson 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 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 20th day of November.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./30 and 12/14/95
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) •
•
Tom Schumaker
Before the undersigned authority personally appeared _�_ who on oath, says that he/she
Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHOP
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of Intention
IN THE MATTER OF: To Consider Adoption of County Ordinance • in tilt
____ 1_,-_----------_ Court was published in said newspaper in the issues of
December 2, 16, 1995 ',no.9705800 _ •
__
�— N_ —N TO CONS OF IDER INTENTIONAENT• I
- OF COUNTY ORDINANCE .
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper NOTICE IS HEREBY GIVEN TOWHOM.IT MAY CONCERN that
on Wednesday, December 20,
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- .1995,at 10;00 a.m.at the Mara=
thon Government Center, 2798
Overseas Highway, Marathon,
paper has heretofore been continuously published'in said MONROE COUN- Monroe County, Florida.: the
' Board of County Commissioners
TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been . of Monroe County, Florida, in-
, tends to consider the adoption of
the following County ordinance:
entered as second class mail matter at the post office in MARATHON, in 4NORDINANCEENJOINING
said MONROE COUNTY, FLORIDA, for a period of one year next preceding SUBSTITUTEDTHE ACCEPTANCEF
S ER
E OF
PROCESS BY ANY COUNTY
the first publication of the attached copy of advertisement; and affiant fur- A EMPLOYEE
ER CO O BEH
EMPLOYEE AOF
UNther says that he has neitherpaid norpromised anyperson, firm, or corpo- . THE COUNTY ATTORNEY,THE
y P COUNTY ADMINISTRATOR,
CLERK OF COURTS,OR A
ration any discount, rebate, commission or refund for the purpose of secur- •COUNTY
C TIMI STONER;
•ing this advertisement for publication in the said newspaper.(SEAL) AUTHORIZATION
U° FOT EMPLOYEEO-
•ACCEPT SERVICE OF PROCESS
FOR ANOTHER;REQUIRING
' THATANYCOUNTYEMPLOYEE
SERVED TO IMMEDIATELY
FORWARD A COPY OF SUCH
DOCUMENT TO THE OFFICE OF
THE COUNTY ATTORNEY;:
/ ` PROVIDING FOR
!j7 SF RRABILITY;HER PEALOFALLG'
ORDINANCES INCONSISTENT '
L, pI p HEREWITH;PROVIDING FOR
MARY LOU SV�LH�R(sLP INCORPORATION INTO THE
rr MONROECOUNTYCODEOF
�� My Corm Exp. V/�I!/9U ORDINANCES;AND PROVIDING
NOTArri - AN EFFECTIVE DATE.
(seal PUBLIC f Bonded By Service Ins .
seal) Pursuant to'Section 286.0106,
T1�� /rL No. CC/1 �.3 'Florida Statutes,notice is hereby
C,; given that if a person decided to
t' Pc.: ,,y Y.'tmvn i i QES:1i-4,.D. I appeal anydecision made by the
• Board with respect to any matter
considered at such hearings or
SWORN TO AND SUBSCRIBED BEFORE ME THIS 19th meetings,'
will
dathrfortpooceeisandnatt
such purpose,he may need to en-
• sure that a verbatim record of the'
proceedings is.made,which re-
• cord includes the testimony and!
evidence upon which the appeal
DAY F December A.D. 19 95 ' is to be based.'- , .
Copies of the above-referenced
•
ordinance are available for review
at the various public libraries in
....1v9
Monroe County,Florida.
/ I — MM — •2thda Key
of Florida,est,Flor this
` Y M Mom 20th dayNovember. ride,
995. -
DANNYLKOLHAGE
Clerk of the Circuit Court and
ex officio Clerk of the Board
,• of County Commissioners of.
Monroe County,Florida
'.Publish December 2,'16,1995
Florida Keys Keynoter