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Ordinance 022-1993 • Extension Service ORDINANCE NO. VV? -1993 AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE) FOR THE CHANNEL BORDERING SUMMERLAND KEY; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF NATURAL RESOURCES HARMLESS FROM ANY LIABILITY INCURRED FROM THE POSTING OF BOATING RESTRICTED MARKERS; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the area of navigable waters near Summerland Key as described in Exhibit A is a common route for boaters and frequented by swimmers, creating a dangerous situation to the public swimming in this area; and WHEREAS, in order to protect the public health and safety the Board of County Commissioners of Monroe County has determined it is necessary to create a boating restricted area (idle speed/no wake zone) in the area described in Exhibit A; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MQNRCIE COUNTY, FLORIDA, that: lc-- = Fri`-. n �J Section 1 . Definitions. a)` "Idle speed/no wake" means that a vessel cannot proceed at a sped, _ Z) greater than that speed which is necessary to maintain steerageway. b) "Vessel" is synonymous with boat as referenced in Art. 7, Sec. 1 (b), Ha. Const. (1968), and includes every description of watercraft, barge and air boat, Other than a seaplane on the water, used or capable of being used as a means of transportation on the water. Section 2. Idle Speed/No Wake Boating Restricted Area Established. No person shall operate a vessel in the Idle Speed/No Wake boating restricted area at a speed in excess of idle speed no wake. The boating restricted area is hereby established to be all waters within the area bounded by the area described in Exhibit A. A map reflecting the boundaries of the boating restricted area shall be available at the County Cooperative Extension Office. Section 3. Idle Speed/No Wake Markers. The. Idle Speed/No Wake boating restricted area described in Exhibit A shall be marked on the waters with uniform regulatory markers in accordance with applicable state and federal laws and regulations. Section 4. Hold Harmless Agreement Authorized. As a condition for the issuance of a permit from the Division of Law Enforcement of the Department of Natural Resources (hereinafter "Department") for the Idle Speed/No Wake boating restricted area described in Exhibit A, the County hereby consents and agrees to hold the Department harmless from fault with respect to any claim or claims arising from alleged negligence in the placement, maintenance or operation of the Department approved markers. The Mayor is authorized to sign and execute an agreement to that effect with the Department if required by the Department's rules or procedures. 2 • Section 5. Penalties. a) Any person cited for a violation of this ordinance shall be deemed charged with a noncriminal infraction, shall be cited for such an infraction, shall be cited to appear before the county court. Citations shall be issued pursuant to Sec. 327.74, Fla. Stat. (uniform boating citations) by any law enforcement agency authorized to issue such citations. The civil penalty for any such infraction is $35, except as otherwise provided in this section. b) Any person cited for an infraction under this section may: 1) Post a bond, which shall be equal in amount to the applicable civil penalty, or 2) Sign and accept a citation indicating a promise to appear. The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty. c) Any person who willfully refuses to post a bond or accept and sic;n a summons is guilty of a misdemeanor of the second degree. d) Any person charged with a noncriminal infraction under this section may: 1 ) Pay the civil penalty, either by mail or in person within 10 days of the date of receiving the citation, or 2) If he has posted bond, forfeit bond by not appearing at the designated time and location. If the person cited follows either of the above procedures, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue 3 . • of commission of the infraction. Such admission shall not be used as evidence in any other proceedings. e) Any person electing to appear before the county court or who is required so to appear shall be deemed to have waived the limitations on the civil penalty specified in subsection (a). The county court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the county court may impose a civil penalty not to exceed $500. f) At a hearing under this chapter the commission of a charged infraction must be proved beyond a reasonable doubt. g) If a person is found by the county court to have committed an infraction, he may appeal that finding to the circuit court. Section 6. Exemption. This ordinance shall not apply in the case of an emergency or to patrol or rescue craft. Section 7. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 8. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 9. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an 4 addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 10. A copy of this Ordinance shall be filed with the Secretary of State, State of Florida, but shall not take effect until the Idle Speed/No Wake boating restricted area described in Exhibit A is approved by the necessary state and federal agencies. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 6th day of July , A.D., 1993. Mayor London yes Mayor Pro Tern Cheal yes Commissioner Harvey yes yes Commissioner Freeman yes Commissioner Reich (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By Cl Deputy Clerl Mayor/Chairman EFFECTIVE DATE APPROVED AS TO FORM D LEGAL St? 1 By 5 Atter y's Date S— • • EXHIBIT A GEOGRAPHICAL DESCRIPTION OF SUMMERLAND COVE IDLE SPEED/NO WAKE BOATING RESTRICTED AREA A description of the SUMMERLAND COVE Idle Speed/No Wake boating restricted area, with latitudes and longitudes and a corresponding chart depicting area to be included in the Idle Speed/No Wake boating restricted area is contained herein. The Idle Speed/No Wake Zone signs will be placed at the boundary points labeled 1-9 with signage facing oncoming boaters within the affected channel. Points 0 and 10 are adjacent a seawall to mark the western and eastern edges of the boating restricted area which extends seaward from the adjacent seawalls to the line interconnecting points 1-9. The boating restricted area generally runs, from west to east, going southeasterly from points 1 to 4, then south-southeasterly to point 5, then southwesterly to point 6, then south-southeasterly to points 7, 8 and 9. Boundary North West Distance from Direction from Distance Point Latitude Longitude Previous Point Previous Point to Seawall 0 24° 39.41' 81° 27.21 ' n/a n/a at seawall 1 24° 39.40' 81° 27.21' 50 feet south 50 feet 2 24° 39.37' 81° 27.03' 1000 feet southeast 50 feet 3 24° 39.31' 81° 26.90' 1000 feet southeast 150 feet 4 24° 39.17' 81° 26.76' 1200 feet southeast 100 feet 5 24° 39.12' 81° 26.65' 540 feet south-southeast 180 feet 6 24° 38.95' 81° 26.79' 1000 feet southwest 160 feet 7 24° 38.89' 81° 26.76' 600 feet south-southeast 150 feet 8 24° 38.86' 81° 26.75' 100 feet south-southeast 200 feet 9 24° 38.71 ' 81° 26.70' 880 feet south-southeast 220 feet 10 24° 38.72' 81° 26.68' 220 feet north east at seawall • • PROPOSED SUMMERLAND COVE BOATING RESTRICTED AREA The chart below depicts the location of the "No Wake/Idle Speed" signs to be installed along the channel bordering Summerland Cove. SUMMERLAND KEY`MONROE COUNTY, FLORIDA (,7.5 ,§114:i.„1/. .® r6"7...— ---:: .:.'•'.'''',1-1'.,O..I +t•,.�„=,.,_:__ oR _ .: 1,1, . • ,`4/, ,. ...- C,'i:�f• t; `w::..i.'te...a '_ .:. �.y/ram• ".HOF.c �+.*aI._ �:.,�Vri�'� .y • ✓4 •mot`•. a) ^�I f,S .v1�.• ---�•1 i it.)�._....v-\�J�.'r Cn��•i•.•e• • K1 1:ti ,.••,••1,�>,,ro.r•^•"> , , .. 2. �, ....-i.) i "i •i a:., .; ;;;;;' : :i 11 '''' .'""-jr:... • r.'7`.., ;:f.r.t.;;.A.-^?/,......4_ . c ,.\q-V.:-':.: • -1;y 74. 5, � a f.f:..::: ::• . ., Lam/ .,. Mtit �I ✓�r!+ 1'f, JP • . '4_.:.: 'Li'I 7;f1;1.' s.:-...,,i. 'rt....L. Li'1',..0.. s... I D6Ci'V'1 ' u w m.•\.•: �L_ lii r ,• s.../.., .,;{{-- _ -J•,,•.,.,..-�;1 .4. • WE.>•>.:r�mmmt,.,•m,re'-mt•,. , N-4..-:4:. - Lt.:::1:' 11 ,,^�'�(t l•':.11 , �•%/ �.� _� N•'�l:.7.,1r'a,-�RJ t^•1fp= �' ,,•• yG �e;:1-[ J ` \• \,rl .. A�;/,e� L �•A�....\Y' 'ill ..�c , Gv� '...•• n `'r�� ,1-'-I.� ,. '• ?•. "i �� u+� � Q b" ".6t•• Oc ♦�•\: Y� '`� O��arlF.,•� L.•�I-)�• •^>� U 4L�M.� '` ay.-tom/ A• Y: ,v '.,.' �, .t fir `?- �•�" ;. j' r ;\ - • r I•7j � _•'Q"�/�ClLp ::AZ .%, •, O�w.a J C�uy,,«a Y• - tU :411 • FL_ ,,,,,,..,,...... ,,,.*:./.„7" ., \IS', iiii—Ogillawir.1.-r71A'aiiiitte. , . :1 ... "/,/,://./..: / / : I • 6 ��'� /0 9 iig:Liji.', N:'.7r -' ....:: ../.' ,..a A AID ._. r .....„.0., , ..„, 1 W•y.Z;{ ;;;1/01 i ,5.:. :.: I O . a' - • TwE FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 2002, The Capitol, Tallahassee, Florida 32399-0250 (904) 488-8427 J w July 21 , 1993 N Honorable Danny L. Kolhage Ex-Officio Clerk to the Board of County Commissioners Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage : Pursuant to the provisions of Section 125 . 66 , Florida Statutes, this will acknowledge your letter of July 17 , 1993 and certified copies of Monroe County Ordinance Numbers 93-20, 93-21 and 'andwii9golt;aci which were received and filed in this office on July 21 , 1993 . Sincerely, QICLkAS; Liz Clou , Chief Bureau of Administrative Code LC/mb ice , NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE • .o• _ NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, July 6, 1993 , at 3 : 00 P.M. in Courtroom "B", 500 Whitehead Street, 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. -1993 • AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE) FOR THE CHANNEL BORDERING SUMMERLAND KEY; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE 'FLORIDA DEPARTMENT OF NATURAL RESOURCES HARMLESS FROM ANY LIABILITY INCURRED FROM THE POSTING OF BOATING RESTRICTED MARKERS : PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR • INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. 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 E reew 'at the various public libraries in Monroe County, Florida. w DATED-at Key West,. Florida, this 7th day of June, 1993 . CY- DANNY L. KOLHAGE CDClerk of the Circuit Court and —' ex of f icio Clerk of the Board CD , of County Commissioners of Monroe County, Florida , (SEAL) BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY • Meeting Date: MAY 26, 1993 Division: County Attorney Bulk Item: Yes X No� Department: County Attorney AGENDA ITEM WORDING: Approval to advertise an Ordinance creating a boating restricted area (idle speed/no wake) for the channel bordering Summerland Key, etc . ITEM BACKGROUND: The area of navigable waters near Summerland Key is a common route for boaters and frequented by swimmers creating a dangerous situation to the public swimming in the area. PREVIOUS RELEVANT BOCC ACTION: STAFF RECOMMENDATION: Recommend approval to advertise. TOTAL COST: BUDGETED: Yes No ' Cost to County: None APPROVED BY: County Atty X OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL: ignature DOCUMENTATION: Included X To Follow Not Required Agenda Item # DISPOSITION: 1111( • Extension Service ORDINANCE NO. -1993 AN ORDINANCE CREATING A BOATING .RESTRICTED AREA (IDLE SPEED/NO WAKE) FOR THE CHANNEL BORDERING SUMMERLAND KEY; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF NATURAL RESOURCES HARMLESS FROM ANY LIABILITY INCURRED FROM THE POSTING OF BOATING RESTRICTED MARKERS; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the area of navigable waters near Summerland Key as described in Exhibit A is a common route for boaters and frequented by swimmers, creating a dangerous situation to the public swimming in this area; and WHEREAS, in order to protect the public health and safety the Board of County Commissioners of Monroe County has determined it is necessary to create a boating restricted area (idle speed/no wake zone) in the area described in Exhibit A; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1 . Definitions. • a) "Idle speed/no wake" means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway. b) "Vessel" is synonymous with boat as referenced in 'Art. 7, Sec. 1 (b), Fla. Const. (1968), and includes every description of watercraft, barge and air boat, 1110 other than a seaplane on the water, used or capable of being used as a means of transportation on the water. Section 2. Idle Speed/No Wake Boating Restricted Area Established. No person shall operate a vessel in the Idle Speed/No Wake boating restricted area at a speed in excess of idle speed no wake. The boating restricted area is hereby established to be all waters within the area bounded by the area described in Exhibit A. A map reflecting the boundaries of the boating restricted area shall be available at the County Cooperative Extension Office. Section 3. Idle Speed/No Wake Markers. The Idle Speed/No Wake boating restricted area described in Exhibit A shall be marked on the waters with uniform regulatory markers in accordance with applicable state and federal laws and regulations. Section 4. Hold Harmless Agreement Authorized. As a condition for the issuance of a permit from the Division of Law Enforcement of the Department of Natural Resources (hereinafter "Department") for the Idle Speed/No Wake boating restricted area described in Exhibit A, the County hereby consents and agrees to hold the Department harmless from fault with respect to any claim or claims arising from alleged negligence in the placement, maintenance or operation of the Department approved markers. The Mayor is authorized to sign and execute an agreement to that effect with the Department if required by the Department's rules or procedures. 2 • • Section 5. Penalties. a) Any person cited for a violation of this ordinance shall be deemed charged with a noncriminal infraction, shall be cited for such an infraction, shall be cited to appear before the county court. Citations shall be issued pursuant to Sec. 327.74, Fla. Stat. (uniform boating citations) by any law enforcement agency authorized to issue such citations. The civil penalty for any such infraction is $35, except as otherwise provided in this section. b) Any person cited for an infraction under this section may: 1) Post a bond, which shall be equal in amount to the applicable civil penalty, or 2) Sign and accept a citation indicating a promise to appear. The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty. c) Any person who willfully refuses to post a bond or accept and sic,n a summons is guilty of a misdemeanor of the second degree. d) Any person charged with a noncriminal infraction under this section may: 1) Pay the civil penalty, either by mail or in person within 10 days of the date of receiving the citation, or 2) If he has posted bond, forfeit bond by not appearing at the designated time and location. If the person cited follows either of the above procedures, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue 3 i • of commission of the infraction. Such admission shall not be used as evidence in any other proceedings. e) Any person electing to appear before the county court or who is required so to appear shall be deemed to have waived the limitations on the civil penalty specified in subsection (a). The county court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the county court may impose a civil penalty not to exceed $500. f) At a hearing under this chapter the commission of a charged infraction must be proved beyond a reasonable doubt. g) If a person is found by the county court to have committed an infraction, he may appeal that finding to the circuit court. Section 6. Exemption. This ordinance shall not apply in the case of an emergency or to patrol or rescue craft. Section 7. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 8. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 9. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an 4 • • addition or amendment thereto, and shall be appropriately renumbered to conform to - the uniform numbering system of the Code. •o Section 10. A copy of this Ordinance shall be filed with the Secretary of State, State of Florida, but shall not take effect until the Idle Speed/No Wake boating restricted area described in Exhibit A is approved by the necessary state and federal agencies. • 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 , A.D., 1993. Mayor London Mayor Pro Tern Cheal Commissioner Harvey Commissioner Freeman Commissioner Reich (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By Deputy Clerk Mayor/Chairman EFFECTIVE DATE APPROVED AS TO FORM D LE AL S I - ' By -• 5 Anon-y's Date S— •1 _'L—� EXHIBIT A GEOGRAPHICAL DESCRIPTION OF SUMMERLAND COVE IDLE SPEED/NO WAKE BOATING RESTRICTED AREA A description of the SUMMERLAND COVE Idle Speed/No.-Wake boating restricted area, with latitudes and longitudes and a corresponding chart depicting area to be included in the Idle Speed/No Wake boating restricted area is contained herein. The Idle Speed/No Wake Zone signs will be placed at the boundary points labeled 1-9 with signage facing oncoming boaters within the affected channel. Points 0 and 10 are adjacent a seawall to mark the western and - eastern edges of the boating restricted area which extends seaward from the adjacent seawalls to the line interconnecting points 1-9. The boating restricted area generally runs, from west to east, going southeasterly from points 1 to 4, then south-southeasterly to point 5, then southwesterly to point 6, then south-southeasterly to points 7, 8 and 9. Boundary North West Distance from Direction from Distance Point Latitude Longitude Previous Point Previous Point to Seawall 0 24° 39.41' 81° 27.21' n/a n/a at seawall 1 24° 39.40' 81° 27.21' 50 feet south 50 feet 2 24° 39.37' 81° 27.03' 1000 feet southeast 50 feet 3 24° 39.31' 81° 26.90' 1000 feet southeast 150 feet 4 24° 39.17' 81° 26.76' 1200 feet southeast 100 feet 5 24° 39.12' 81° 26.65' 540 feet south-southeast 180 feet 6 24° 38.95' 81° 26.79' 1000 feet southwest 160 feet 7 24° 38.89' 81° 26.76' 600 feet south-southeast 150 feet 8 24° 38.86' 81° 26.75' 100 feet south-southeast 200 feet 9 24° 38.71 ' 81° 26.70' 880 feet south-southeast 220 feet 10 24° 38.72' 81° 26.68' 220 feet north east at seawall • . PROPOSED SUMMERLAND COVE BOA TING RESTRICTED AREA The chart below depicts the location of the "No Wake/Idle Speed" signs to be installed along the channel bordering Summerland Cove. • •• SUMMERLAND KEY, MONROE COUNTY, FLORIDA ;,:1y '� 7 .,.+o�am ,,i•"r 1-... �JI ii,_•V�LLJ�.�!�,+ pR1Vi. ,� 'r.,••/•4� �.r • ar a 'n a'.•�: �' tI .at•+„ _MY. c. ^ Roos I:...•- '� ,�• • a wv'rl __ uS�.'w�•\.,i�+.:,r.u��lJ�-«• C'��:..�.r„ µM o1 Il F. _'i:•,r-r.._ .... • ^ ]4^1�� ' a4®z uY,,, �A 41 '� ' • y r / ' �1•' ° �4: •' S r: : -a-�`j`j�� `vimr � M'i'/�i�• \' '`'.. tJ-I .-.1� 0 • .:�Q Lwn•.;: i..a:".�: S7nc. f`i o• a-•:L. '---,st'♦ Bar' a� . 7: T lr J} i<u L3o�c \ .•�Kb 1i•,,p�'.'.:. Y-�� � a ••�•hh•s��a •, •'/' 31 7 ' 7 .. '.i . • ..-4" j. • "� �'Ir • 1-71 ' -_f. E ROAb '-�_'',';:' rL �l0'd� ms , � ` ..,. 7_4t: ,f •r ng'1;1I1' I y,.% ..""n'D® Vial„ .rr1lT • _ 1r'ri QJJu� ((({13y.• .. • ,:r:;r::� i ;.•_ �;�=lra�r{�.�l�i. 9; �,�.i .' .�"1.i�.F�1-1:",. � '- -- .-rj��7 • .,.a '., Y B •::.,•�t. '. ' 1 le``• tij' �\?—,.� L/-�f�yf ��' ...� OC_ '•' f ,*.1_I..t. •• ' y. y� • 1 ,Ps Y C N �,� •r" i -`� �. �11. c.• T. u a " J 4`t +.. 'r ee.,. f„, ..•., , ,. / 4, 7 s::•�r .'- 1.., ' / Cr:n�'. �' B n • '.,�+T' „ ��.,r ay ', I q / ;ILE ft--::—?:.."-' 4-44e4'..:;v7:7.t, ' ::::4 --- // i i. ..i.'k:14-1, ye .4., „.,y.. ,...,. ..... / ,...-•.,,,,,A.,-,...401„. i:I/1i' r'nd y ,/...-,n.,.",• (\$ -,: 'ifs 1. ;r .� 6 \`\~`, /o 4a,..li-:,./-..i:-.•t .• � - - DOVE \ `. 4 ,,r, .f AID •\ti\ I i i..',' .',',7 // w'f ,;2 \\\\\ .--;/Ics';•"):1 I. '4 r w•q'2;ir r __..4• •••-+... .'-I. . The Key West Citize vq „„ , „,„„.,-7, ,,,,,„A 4.: Published Daily Key West, Monroe County, Florida ,040 UN 2d4, \99.5 STATE OF FLORIDA ® 1t� COUNTY OF MONROE: Before the undersigned authority personally appeared Randy 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 kooks p- on -4D Cons('der Aclep66/ 041'naoc Crux h n jc O bucc r)3 r c I ed . 4-re in the court, was published in said newspaper in the issues of June_ a(') P93 Affiant further says that the said)-he 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 or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (Signature of Affiant) Sworn to and subscribed before me this &S day of , 1993. ��FifOrdi.,� (Sig ure of Notary Public) SEAL !AV Cal.vgiaa0N E:C.AFJG.t-vO 25,1.Ss TrYA. ,Ii'.!FA yND:3011-� �_°-� � Bette J. Push (Name of Notary Public) Expires: Personally.Known 2Kor Produced Identification Type of Identification Produced ` � ^= � . . ` ' NOTICE OF INTENTION TO ERADOPT0 | ~ ' ~ O� ''' ''C� oS E,8Y GIVEN TO Tuesday, July 6,1993, at 3:00 p.m. in Courtroom�--"B% 500 Whitehead Florida, the Board of,County Com- WHOM ,IT MAY CONCERN that onStreet,'Key Xest, Monroe County, o ORDINANCEof the following County oRlinanc N 6RDINANCE CREATI-NG- '.� >Oo*)/ . /orcc","° , / CHANNEL BORDER PROVIDING FOR DEFF' - I ROE COUNTY AGREES TO HOLD-) THE— FLORIDA- F ESOURCESf1ARM'LESS �� ) NATURAL FnoN| ANY LV\B LITY IN-'FOR EXEMPTIONS- PROVIDINGi I CURRED FROM THE POSTING OF ERS: PROVIDING FOR PENALTIES I FORVIOLATIONS; PROVIDING,, | FOR SEVEn*e ,; rnuv/u.N= � ' FOR - REPEAL OF ALL OR0|'' < NANCES INCONSISTENT HERE-! WITH;PROVIDING FOR INCORPO-_j COUNTY CODE; AND PROVIDING,, �,�EFI�ECTIVE DATE. Pursuant to Section 286.0105,'Flor- idd Statutes, notice is given that if aj person decided to 'appeal any deci-1 sion made by the Board with respect to apy matter considered at 'such, hear ngs or meetings, he will need a' 11 record of the proceedings,'-and that, -- ' — --'� un such purpose,/=may.need-- ' --- -- ' --- — -- — � x�o that o verbatim mo�d of �o� which �uu�' ( proceedings is made, ' includes i upon which the appeal is to�o | ' boaod ' Copies of the abo mmre nance are available for review at the various 'public libraries in -Monroe' County,Florida. DATED at Key West, Florida,this 7th ^ day of u""= ."~.. � DANNYLKOLHAGE) | Qork��oQ��Q�m � � o�c�0 �of��^ \ ~. _- of County Commissionerso, ~-of�o �oumy�Florida '—' � June 1o&uo.1990 ' . � � ^