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Ordinance 055-1995County Attorney ORDINANCE NO. 055 -1995 AN ORDINANCE AMENDING ORDINANCE NO. 016-1994, IN ORDER TO EXCLUDE: LOT 1, BLOCK 12, SECOND ADDITION; LOTS 1-11, BLOCK 14, THIRD ADDITION; LOTS 18-34, BLOCK 16, FIFTH ADDITION; AND LOTS 1-13, BLOCK 17, FIFTH ADDITION, FROM THE CUDJ-qE GARDENS MUNICIPAL SERVICE CULVERT DISTRICT; PROVIDING TEM OWNERS OF LOTS IN THE CUDJOE GARDENS MUNICIPAL SERVE z CULVERT DISTRICT THAT ARE UNBUILDABLE DUE TO PRIVL o RESTRICTIVE COVENANTS ARE SUBJECT TO DISTRICT NO"3--ry' VALOREM ASSESSMENTS IF THE OWNERS RECORD SIMI -:- N RESTRICTIVE COVENANTS IN FAVOR OF MONROE COUNTY,- PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL_ o ORDINANCES INCONSISTENT HEREWITH; PROVIDING f?bl�--. a o 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: Section 1. Section 1 of Ordinance No. 016-1994 is hereby amended to read as follows: Section 1. The Cudjoe Gardens Municipal Service Culvert District (hereinafter Dist(ct) is created under Sec. 125.01(10(q) and (r), Fla. Stat. The District consists of the following area: Cudjoe Gardens 1st Addition, PB4/105, excluding Lots 1-7 Block 8; Cudjoe Gardens 2nd Addition, PB4/159, excluding Lots 14-17 Block 2, Lots 14-49 Block 3, eed Lots 14-15 Block 4; , excluding lot 1, Block 12; Cudjoe Gardens 3rd Addition, PB5/7; , excluding Lots 1-11, Block 14, Cudjoe Gardens 5th Addition, PB6/88, excluding Lots 1-17 Block 16; , excluding Lots 18-34, Block 16 and Lots 1-13 Block 17• Cudjoe Gardens 6th Addition, PB6/66, excluding Lot 14 Block 17, Lot 14 Block 18, and Lot 16 Block 19; Cudjoe Gardens 7th Addition, PB6/88; Cudjoe Gardens 8th Addition, PB7/16, excluding Lots 12-26 Block 22, and Lots 1-18 Block 23. If any lot is rendered unbuildable by reason of a recorded of private restrictive covenant or similar instrument running with the land created and recorded before the effective date of the District Ordinance then a non -ad valorem assessment may not be levied against such lot; provided however, the owner of record also enters into and records a restrictive covenant approved by the County Attorney for form and legal sufficiency, running in favor of Monroe County that renders the lots unbuildable in perpetuity. The owner of record of any lot(s) not subject to the non -ad valorem assessment, but for which the non -ad valorem assessment was paid shall be entitled to a refund upon submittal of an application therefor within six months after payment of the assessment. The Tax Collector is directed to pay the refund upon the submittal of an application in a form satisfactory to the Collector establishing entitlement to a refund hereunder. The Monroe County Board of County Commissioners have determined that the real property in the District will be specially benefited by the improvements described in Section 3. Section 2. Severability. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity Section 3. Repeal of Ordinances in Conflict Herewith. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 4. Inclusion in the Monroe County Code The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. 2 Section 5. Effective Date. 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 that Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of December 1995. Mayor Shirley Freeman Mayor Pro Tem Jack London Commissioner Wilhelmina Harvey Commissioner Keith Douglas Commissioner Mary Kay Reich (SEAL) ATTEST: By Depuly Clerk Effective Date presord/cudjoe.ord yes_ absent .yes .yes yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA <., By Mayor airman 3 BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL (305) 289-6027 FAX (305) 289-1745 CERTIFIED MAIL « f� -Mannp 1. Rotbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 3M40 TEL. (305) 292-3550 FAX (305) 295-3W January 3, 1996 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: BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA MM TEL (305) 852-7145 FAX (305) 852-7146 Enclosed please find a certified copy of Ordinance No. 055-1995 which is self- explanatory. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on December 20, 1995. Please file for record. cc: Municipal Code Corporation County Commissioners County Administrator County Attorney Tax Collector Property Appraiser ,/File Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C. DeSantis e. Q-Awt - Clerk z 396 •282 E1797 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (SP.P. RP.vP.rsel int to i`Z �,'/oa.0111! an No.,///•0 4 G �/ P.0 , State d ZIP Cod yo/ , oceA Ilmro e ,Se- 3 3 So Certified Fee f l Special Delivery Fee Restricted D Retur ece howing to om ate De ivied Re t rn R eigC. SYyouiii4p t�erh Dat , a A drestse's'ljtldr 3` TOT ag .�'r & Fee 1 ` Postmar r Date Orel -V o1's--/99a 4 Is .e -++ +w - your RETURN ADDRESS compbisd on the reverse side? O 1� DMY >C = m m m �• a io m �Xi"A.gym m pit �D 0• ^lE "k off• 33m ° C„r n , 08 m o %o Qo�. SO s 3E iA CL s nM e na 0 New y'm m w�' m 0 m <� cr m x m W e 'n m 3 y n 1 1 m m a R N D o t� m -0 h e 3 CD d m 2 3 ? w mow 0 Q` CL `2 0 CD m 16 Iv i in ❑ ❑ CD (A a vi m b m 7 v 31 D N c> 0)CDa m o CD C �• N m N m CD ❑❑r� CLCD�� y om =m m V m m CCD 0 p m io CL m y z a a a rn .. Thank you for using Return Receipt Service 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 January 11, 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 Dear Mr. Kolhage: _i :T r z o, -. _ -p 41h -, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letters dated January 3, 1996 and certified copy each of Monroe County Ordinance Nos. 95-47, 95-48, and 95-55, which were filed in this office on January 9, 1996. Sinc ely, 0 i&, Liz Cloud, Chief Bureau of Administrative Code LC/mw _2;-2 TX �a Ile c- z�ar ID•o-C. ( _ Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE; Before the undersigned authority personally appearedancly 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 QDL-Ce u�- ln, k lkz)n I CO rKl-r oird t'r)CthC-e- L1►N,enAI V)!t 0rd%r&tic2 No- olb- t4q Y in the court, was published in said newspaper in the issues of Akoer-b-ct- -X6 4- DeC 1�e [u , VIAaS 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. ature of Affiant) Sworn to and subscribed before me this Expire Personally Known for Produced Identification Type of Identification Produced 71 UFINTENTION T CON- SIDER ADOPTION OF A COUNTY I - - ORDINANCE NOTICE- IS HEREBY GIVEN ' TO WHOM IT -MAY CONCERN that on Wednesday, December 20, 1995, at 10:o0 a.m. at the Marathon Govern- , ` ment Center, 2798, Overseas High-; way, Marathon, Monroe County, Florida, the Board of County Com-f missioners of. Monroe County, Flor- ida, intends to consider the following County ordinance: AN ORDINANCE'AMENDING ORDI- NANCE NO. 016-1994, IN ORDER; TO EXCLUDE: LOT.1, BLOCK 12, SECOND ADDITION; LOTS 1-11', ! BLOCK 14, THIRD ADDITION; LOTS 18-34; BLOCK 16, FIFTH AD-' DITION; AND LOTS 1-13, BLOCK 17, FIFTH ADDITION, FROM THE CUDJOE GARDENS MUNICIPAL SERVICE CULVERT DISTRICT; I PROVIDING THAT OWNERS OF LOTS IN THE CUDJOE GARDENSi MUNICIPAL SERVICE CULVERT j DISTRICT THAT ARE UNBUILD- ABLE DUE TO PRIVATE RESTRIC- TIVE COVENANTS ARE SUBJECT., TO DISTRICT NON -AD VALOREM' ASSESSMENTS IF THE OWNERS, RECORD SIMILAR RESTRICTIVE' COVENANTS IN FAVOR OF MON- ROE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES IN- CONSISTENT HEREWITH-, PRO- VIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. j Pufsuant 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 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 proceedings is made; which record includes the testimony and evidence upon which the appeal is .to be C based. Copies of the above-referehced Or- dinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 20th day of November, I 995. DANNYL. KOLHAGE Clerk of the Circuit Court and ex offico Clerk of the Board of 4 County Commissioners of Monroe County, Florida Lvember 26th & December 10th, 95_- --- -- --- 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 I\le)+'ce u��er / AVM 1�nej\�,a o rv(.) c,(6 -(9ay I Ic t � in the Icourt, was published in said newspaper in the issues of 1ti0ve'"6-e c ,l� t o l 1qc' S 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. Sworn to and subscribed before me this, gnglw;e- of Affiant) 1995 ary Public) ��Pn1@Prof N tary Public) 6''w c T s �J >, "a iin�iwtitaa Expires• _ - Personally K own G or Produced Identification Type of Identification Produced Y 1.- j -NOTICE OF INTENTION TO CON- Y SIDER ADOPTION OF A COUNTY ORDINANCE NOTICE IS HEREBY- GIVEN TO WHOM IT'MAY CONCERN that on Wednesday, December 20, 1995, at ( 10:00 aim. 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 . County ordinance: AN ORDINANCE AMENDING ORDI- NANCE NO. 016-1994, IN ORDER, TO EXCLUDE: LOT 1, BLOCK 12, ' SECOND ADDITION; LOTS 1-11, BLOCK 14, THIRD ADDITION, LOTS 18-34, BLOCK 16, FIFTH AD- DITION; AND LOTS 1-13, BLOCK 17, FIFTH ADDITION, FROM THE CUDJOE GARDENS MUNICIPAL I SERVICE CULVERT, DISTRICT, PROVIDING THAT OWNERS OF I LOTS IN THE CUDJOE GARDENS MUNICIPAL SERVICE CULVERT DISTRICT THAT -ARE UNBUILD- ABLE DUE TO PRIVATE RESTRIC- TIVE COVENANTS ARE SUBJECT TO DISTRICTNON-AD•VALOREM ASSESSMENTS IF THE OWNERS i RECORD SIMILAR RESTRICTIVE COVENANTS IN FAVOR OF MON- ROE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR I'THE REPEAL OF ORDINANCES IN- CONSISTENT HEREWITH; PRO- VIDING FOR INCORPORATION INTO THE MONROE COUNTY i f CODE OF ORDINANCES, AND I PROVIDING AN EFFECTIVE DATE. 1 Pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if a person decided to appeal any. deck ( Sion made by the Board with respect j to any matter considered at such ; hearings -or mWingsrhe-will-=need a record of the proceedings, and .that, for such purpose, he may need toen- 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. Copies of the above -referenced Or- 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, j and ex offico•Clerk'of the Board of I County. Commissioners of Monroe i County, Florida November 26th & December.10th, 19951. i SERVING THE UPPER KEYS DAGNY WOLFF FOR OVER 20 YEARS 84tw5PublM'r BOX 1197 • TAVERNIER, FLA.33070 (305) 852.3216 FAX 852-8249 STATEMENT OF PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is EDITOR and PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a LEGAL ADVERTISEMENT IN THE MATTER OF NOTICE OF INTENTION_. IN THE Court, was published in said newspaper in the issues of _ 11130 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. S L vv;r SWORN TO AND SUBSCRIBED BEFORE ME THIS _14TH DAY OF __DECEMBER_ A.D. , 1"5__ NOTARY PUBLIC %volAy PUBLo DAVEE R DOVE MY COMMISSION E My Commission CC431878 7C Bonded by ANB 14140FK,00 800-852-5878 NOTICE OF INTENTION TO CONSIDER AbdkTION OF COUNTY -ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, December 20, 1995at 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: AN ORDINANCE AMENDING ORDINANCE NO.016-1994, IN ORDER TO EXCLUDE: LOT 1, BLOCK 12, SECOND ADDITION; LOTS 1-11, BLOCK 14, THIRD ADDITION; LOTS 18-34, BLOCK 16, FIFTH ADDITION; AND LOTS 143, BLOCK 17, FIFTH ADDITION, FROM THE CUDJOE GARDENS MUNICIPAL SERVICE CULVERT ' DISTRICT; PROVIDING THATOWNERS OFLOTS IN THE CUDJOE GARDENS MUNICIPAL SERVICE CULVERT DISTRICTTHAT ARE UNBUILDABLE DUE TO PRIVATE RESTRICTIVE COVENANTS ARE SUBJECT TO DISTRICT NON -AD VALOREM ASSESSMENTS IF THE OWNERS RECORD SIMILAR RESTRICTIVE COVENANTS. IN FAVOR OF MONROE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OFALL 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 decided 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 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 THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) T 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 MARATHOT in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of Intention IN THE MATTER OF: To Consider Adpotion of County Ordinance in the Court was published in said newspaper in the issues of December 2, 16, 1995 Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- paper has heretofore been continuously published in said MONROE COUN- TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been entered as second class mail matter at the post office In MARATHON, In said MONROE COUNTY, FLORIDA, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant fur- ther says that he has neither paid nor promised any person, firm, or corpo- ration any discount, rebate, commission or refund for the purpose of secur- ing this advertisement for publication in the said newspaper. (SEAL) %1A y [")j SC;i_i.�iC�GLk (aC81) wJ'T i 1 i� ii! i4j ` tr; CA ills SWORN TO AND SUBSCRIBED BEFORE ME THIS 19th DAY Of December A.D. 19 95 f �I no.9705900 - NOTICE OF INTENTION To CONSIDER ADOPTION OFCOUNTY ORDINANCE NOTICE IS HEREBY -GIVEN TO WHOM IT MAY CONCERN that on Wednesday, December 20, 1995, at ,10:00 a.m: at the Mara thon Government Center, 2798 Overseas Highway, Marathon, ! Monroe County, Florida, the i _Board of County Commissioners ; - —=ofMonroe-CountyrFJonda- tends to consider the adoption of the following County ordinance: AN ORDINANCE AMENDING -ORDINANCE 'NO; 16-1994,IN 0 BLOCK 12 SECOND ADDITION; i nTs 1-1.1: BLOCK 1-4;THIRD OF _INCORPORATION INTO. I Ht MONROE COUNTY CODE OF ORDINANCES; AN EFFECTIVE PROVIDING ATE Pursuant to Section 286.0105, Florida Statutes, notice is hereby given that if a person decided to appeal any decision made by the Board with respect to any, matter considered af,such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to an - sure -that a -verbatim record of the proceedings is made, which. re-, udehe cord incls ttestimony 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 Publish December 2, 16, 1995 _ Florida Keys Keynoter 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 County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 016-1994, IN ORDER TO EXCLUDE: LOT 1, BLOCK 12, SECOND ADDITION; LOTS 1-11, BLOCK 14, THIRD ADDITION; LOTS 18-34, BLOCK 16, FIFTH ADDITION; AND LOTS 1-13, BLOCK 17, FIFTH ADDITION, FROM THE CUDJOE GARDENS MUNICIPAL SERVICE CULVERT DISTRICT; PROVIDING THAT OWNERS OF LOTS IN THE CUDJOE GARDENS MUNICIPAL SERVICE CULVERT DISTRICT THAT ARE UNBUILDABLE DUE TO PRIVATE RESTRICTIVE COVENANTS ARE SUBJECT TO DISTRICT NON -AD VALOREM ASSESSMENTS IF THE OWNERS RECORD SIMILAR RESTRICTIVE COVENANTS IN FAVOR OF MONROE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF 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 decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. r; L c *Copies of the above -referenced ordinance are available for review at the _o �yariofTs public libraries in Monroe County, Florida. %ated at Key West, Florida, this 74 day of November, 1995. z w - DANNY L. KOLHAGE `- Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) County Attorney ORDINANCE NO. -1995 AN ORDINANCE AMENDING ORDINANCE NO. 016-1994, IN ORDER TO EXCLUDE: LOT 1, BLOCK 12, SECOND ADDITION; LOTS 1-11, BLOCK 14, THIRD ADDITION; LOTS 18-34, BLOCK 16, FIFTH ADDITION; AND LOTS 1-13, BLOCK 17, FIFTH ADDITION, FROM THE CUDJOE GARDENS MUNICIPAL SERVICE CULVERT DISTRICT; PROVIDING THAT OWNERS OF LOTS IN THE CUDJOE GARDENS MUNICIPAL SERVICE CULVERT DISTRICT THAT ARE UNBUILDABLE DUE TO PRIVATE RESTRICTIVE COVENANTS ARE SUBJECT TO DISTRICT NON -AD VALOREM ASSESSMENTS IF THE OWNERS RECORD SIMILAR RESTRICTIVE COVENANTS IN FAVOR OF MONROE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF 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: Section 1. Section 1 of Ordinance No. 016-1994 is hereby amended to read as follows: Section 1. The Cudjoe Gardens Municipal Service Culvert District (hereinafter District) is created under Sec. 125.01(10(q) and (r), Fla. Stat. The District consists of the following area: Cudjoe Gardens 1st Addition, PB4/105, excluding Lots 1-7 Block 8; Cudjoe Gardens 2nd Addition, PB4/159, excluding Lots 14-17 Block 2, Lots 14-49 Block 3, ead Lots 14-15 Block 4 , excludin lot of 1, Block 12; Cudjoe Gardens 3rd Addition, PB5/7; excluding Lots 1-11, Block 14, Cudjoe Gardens 5th Addition•PB6/88, excluding Lots 1-17 Block 16; excludina Lots 18-34 Block 16 and Lots 1-13, Block 17; Cudjoe Gardens 6th Addition, PB6/66, excluding Lot 14 Block 17, Lot 14 Block 18, and Lot 16 Block 19; Cudjoe Gardens 7th Addition, PB6/88; Cudjoe Gardens 8th Addition, P67/16, excluding Lots 12-26 Block 22, and Lots 1-18 Block 23. If any lot is rendered unbuildable by reason of a recorded of private restrictive covenant or similar instrument running with the land created and recorded before the effective date of the District Ordinance then a non -ad valorem assessment may not be levied against such lot; provided, however, the owner of record also enters into and records a restrictive covenant approved by the County Attorney for form and legal sufficiency, running in favor of Monroe County that renders the lots unbuildable in perpetuity. The owner of record of any lot(s) not subject to the non -ad valorem assessment, but for which the non -ad valorem assessment was paid, shall be entitled to a refund upon submittal of an application therefor within six months after payment of the assessment. The Tax Collector is directed to pay the refund upon the submittal of an application in a form satisfactory to the Collector establishina entitlement to a refund hereunder. The Monroe County Board of County Commissioners have determined that the real property in the District will be specially benefited by the improvements described in Section 3. Section 2. Severability. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity Section 3. Repeal of Ordinances in Conflict Herewith. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. • Section 4. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. 2 Section 5. Effective Date. 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 that Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of 1995. Mayor Shirley Freeman Mayor Pro Tern Jack London Commissioner Wilhelmina Harvey Commissioner Keith Douglas Commissioner Mary Kay Reich (SEAL) ATTEST: By Deputy Clerk Effective Date presord/cudjoe.ord BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman 3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY - Meeting Date: October 18/19, 1995 Division: County Attorney Bulk Item: Yes_x_ No Department: County Attorney AGENDA ITEM WORDING: Approval to advertise an ordinance amending Ordinance No. 016-1994 creating the Cudjoe Gardens Culvert MSTU. ITEM BACKGROUND: The developer of Cudjoe Gardens recorded covenants preventing construction on certain small lots in the subdivision. As long as those lots are unbuidable they will not be specially benefited by the culvert special assessment. The ordinance amendment exempts those lots from the special assessment if the owner records a similar covenant in favor of the County so that the lots are always unbuildable and that the private covenants are not used as a convenient device to avoid the assessment. PREVIOUS RELEVANT BOCC ACTION: Approved Ordinance No. 016-1994 creating the Cudjoe Gardens Culvert MSTU. STAFF RECOMMENDATION: Approval TOTAL COST: BUDGETED: Yes_ No Cost to County: APPROVED BY: County Attorney OMB/Purchasing Risk Management DIVISION DIRECTOR DOCUMENTATION: Included To Follow Not required AGENDA ITEM # DISPOSITION: 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 County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 016-1994, IN ORDER TO EXCLUDE: LOT 1, BLOCK 12, SECOND ADDITION; LOTS 1-11, BLOCK 14, THIRD ADDITION; LOTS 18-34, BLOCK 16, FIFTH ADDITION; AND LOTS 1-13, BLOCK 17, FIFTH ADDITION, FROM THE CUDJOE GARDENS MUNICIPAL SERVICE CULVERT DISTRICT; PROVIDING THAT OWNERS OF LOTS IN THE CUDJOE GARDENS MUNICIPAL SERVICE CULVERT DISTRICT THAT ARE UNBUILDABLE DUE TO PRIVATE RESTRICTIVE COVENANTS ARE SUBJECT TO DISTRICT NON -AD VALOREM ASSESSMENTS IF THE OWNERS RECORD SIMILAR RESTRICTIVE COVENANTS IN FAVOR OF MONROE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF 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 decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above -referenced ordinance are available for review at the Mario% public libraries in Monroe County, Florida. C aced at Key West, Florida, this �� day of November, 1995. Li Q N C=; o DANNY L. KOLHAGE Lui Clerk of the Circuit Court and ex officio Clerk of the Board LL- of County Commissioners of Monroe County, Florida (SEAL)