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Ordinance 012-1994 tip cc o - Commissioner Cheal • • • Q r ram ,x E3 N =- ORDINANCE NO. 012 -1994 a —"AN QI] NANCE AMENDING SECTION 8 OF ORDINANCE NO. .s,0059k (THE DUCK KEY SECURITY DISTRICT ORDINANCE) IN °'ORDER. '0 PROVIDE THAT THE DUCK KEY SECURITY DISTRICT MAY BE ABOLISHED BY A REFERENDUM APPROVED BY A MAJORITY VOTE OF THE DISTRICT ELECTORS VOTING IN THE REFERENDUM; PROVIDING THAT THE REFERENDUM MAY BE HELD ONLY IN YEARS WITH A PRIMARY ELECTION AND ONLY AT THE SEPTEMBER PRIMARY; PROVIDING THAT THE BOARD OF COUNTY COMMISSION- ERS MAY ONLY CALL FOR THE REFERENDUM UPON THE PRESENTA- TION OF A PETITION SIGNED BY 20% OF THE DISTRICT ELECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVID- ING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that : Section 1 . Section 8 of Ordinance No. 005-1992 is hereby amended to read as follows : Section 8. SUNSET CLAUSE The Duck Key Security District shall-eease-to-e 4e -et the--end - -ee-r--$fteT--adoption- e s s eentinued-f-o-r--a--sid} }t--foki. --years-•dry--refereadtut approving-the-eemtimuation-a€-tke-Bistriet-by-a-majeri- ty-rove-of-hike-mfrtur-s--i-n-h -D-i-s- r-i-e-t may be abolished by referendum in any primary election year by the majority vote of the District electors voting in the referendum. The referendum must be held at the Septem- ber primary election to assure that the District, if the electors so decide , is timely abolished for the ensuing fiscal ear. The referendum may only be called by the Board of CountyCommissioners upon the presenta- tion of petition requesting the referendum signed by 20% or more of the qualified District electors. The petition must be presented to the Board at least two months in advance of the September primary to assure that sufficient time is available to place the referen- dum on the September ballot. 1. p Section 2. 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. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. 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 5 . 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 16th day of June , A.D. , 1994. Mayor London yes Mayor Pro Tem Cheal yes Commissioner Harvey not present Commissioner Freeman yes Commissioner Reich yes (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk OF MO► • COUNTY, FLORIDA By £ L %Lca,a, e. av By ./ ' ��.• Deputy C erk 'ayor Chairman EFFECTIVE DATE viiduckey APPROVE®AS • s �% 4 ;µ CUipGtiG S. ;QOfkJ � •9wit .m JN't. /J`_!L ion �y y+0,cauN''v.F�aa )1= annp I.. 1aoujage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852-7145 TEL. (305) 292-3550 June 27, 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, FL 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 012-1994, amending Section 8 of Ordinance No. 005-1992 (The Duck Key Security District Ordinance) in order to provide that the Duck Key Security District may be abolished by a referendum approved by a majority vote of the district electors voting in the referendum;Providing that the referendum may be held only in years with a primary election and only at the September primary; Providing that the Board of County Commissioners may only call for the referendum upon the presentation of a Petition signed by 20% of the District electors; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith;Providing for the incorporation into the Monroe Code; and providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on June 16, 1994. Please file for record. Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners q ` By: Isabel C.DeSantis SI-a-L-d C. Al eo Deputy Clerk cc: Municipal Code Corporation County Administrator County Attorney County Commission Supervisor of Elections Monroe County Tax Collector Monroe County Property Appraiser File 3 9 I 1_ ANA ViE FLORIDA DEPARTMENT OF STATE Jim Smith, Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building Tallahassee, Florida 32399-0250 (904) 488-8427 June 29 , 1994 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. De Santis, Deputy Clerk Dear Mr . Kolhage: Pursuant to the provisions of Section 125. 66, Florida Statutes, this will acknowledge your letter of June 27, 1994 and a ! certified copy of Monroe County Ordinance No. 94-12 , which was filed in this office on June 29 , 1994 . Sincerely, \eld2)(11t5s Liz Cloud, Chief Bureau of Administrative Code LC/mb 1 IF NOTICE OF INTENTION TO CONSIDER ‘1174 ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Thursday,June 16,1994,at 3:00 p.m.at the Marathon Government Center,2798 Overseas Highway,Marathon,Monroe County,Florida,the Board ofCounty Commissioners of u.,.,._. ounty,Florida,intends to consider the adoption of the following County ordinance: ORDINANCE NO. 1994 AN ORDINANCE AMENDING SECTION 8 OF ORDINANCE NO.005-1992(THEDUCKKEYSECURITYDISTRICTORDINANCE) IN ORDER TO PROVIDE THAT THE DUCK KEY SECURITY DIS- BE RV I TRICT MAY BE ABOLISHED BY A REFERENDUM APPROVED BY A MAJORITY VOTE OF THE DISTRICT ELECTORS VOTING IN DAGNY WOLFF THE REFERENDUM;PROVIDING THAT THE REFERENDUM MAY ' BE HELD ONLY IN YEARS WITH A PRIMARY ELECTION AND Editor& Publisher BOY ONLY AT THE SEPTEMBER PRIMARY;PROVIDING THAT THE , BOARD OF COUNTY COMMISSIONERS MAY ONLY CALL FOR - THE REFERENDUM UPON THE PRESENTATION OF A PETITION SIGNED BY 20%OF THE DISTRICT ELECTORS;PROVIDING FOR S EV ERABILITY;PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE;AND PROVIDING AN EF- , FECTIVE DATE. PROOF OF PUBLICATION 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 a record of STATE OF FLORIDA ) the proceedings,and that,for such purpose,he may need to ensure that a COUNTY OF MONROE 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 Before the undersigned authority personally appeared_DI the various public libraries in Monroe County,Florida. who on oath, says that she 1S_EDITOR DATED at Key West,Florida,this 19th day of May,1994. DANNY L.KOLHAGE of THE REPORTER,a weekly newspaper published at Tavernie; .-- - Clerk of the Circuit Court that the attached copy of advertisement,being a_LEGAL AD.. and ex officio Clerk of the Board of County Commissioners IN THE MATTER OF_NOTICE OF INTENTION of Monroe County,Florida IN THE Court,was published in said Published:5/26 and 6/2/94 newspaper in the issues of 5/26 AND 6/2/94_. The Reporter ., Affiant further says that the said REPORTER is a newspaper' Tavernier,FL 33070 at Tavernier, in said Monroe County,Florida, and that the said ne • , 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. — _- _ SE SWORN TO AND SUBSCRIBED BEFORE ME THIS _6TH_DAY OF JUNE_A.D.,1994_ iNf100 AO8N014 • Zac-P.— NOTARY PUBLIC . 9P: 8 t' L- N Ir P6, NOTARY PBJt3PU Slosra yr rbunut ►� ►F�c.re MY COMM=EMPlaG5 FEBR 1ARY 05o 1995 MY COMMISSION EXIWAED F,t+t1VS wo7Att!?Boti9RAC NOTICE OF INTENTION TO CON .S114 ADOPTION OF COUNTY .1 •• .,• '+— ORDINANCE NOTICE IS HEREBY GIVEN TO I � moo: -n ' WHOM IT MAY.CONCERN that on , s S KE VESTVa I Thursday, June 16, 1994, at 3:00 �rm:: rs.IEITIzEN o P.M. a at the Marathon Government Cetner, 2798 Overseas Highway Marathon, Monroe County, Florida, T z .-, the Board of County Commissioners of Monroe County, Floirda, intends to ! Lk) the adoption of the follow- Published Daily ice--. ing County ordinances: �' ORDINANCE NO.-1994 Ivey West, Monroe County, Florida 33r04Q AN ORDINANCE AMENDING SEC- �' O •) TION 8 OF ORIDINANCE NO. 005- • 1992 (THE DUCK KEY SECURITY DISTRICT ORIDINANCE) IN OR- DER TO PROVIDE THAT THE FiIDA DUCK KEY SECURITY DISTRICT MAY BE ABOLISHED BY A REFER- )NROE: ENDUM APPROVED BY A MAJOR- ITY VOTE OF THE DISTRICT ELEC- TORS VOTING IN THE REFEREN- - idersigned authority personally appeared Randy Erickson, who on oath THE ERENDUM MAY BE HE' F- D ONLYRE IN vertising Manager of The Key West Citizen, a daily newspaper published YEARS WITH A PRIMARY ELEC-TION AND ONI Y AT THE SEPTME- ;onroe County, Florida; that the attached copy of the advertisement, being BER PRIMARY; PROVIDING THAT i " THE BOARD OF COUNTY COM- �,�n � . MISSIONERS MAY ONLY CALL lof C ©rd,nocL.. �2., , ! I-e�/I?3 S �� i FOR THE REFERENDUM UPON I THE PRESENTATION OF A PETI- i i TION TRICTIENLECD BY 20% R V OF FIDEDIS-IING fCJ'r etri�� ' "D ' °C5- — /9 '?':.1 FOR SERVABfLITY; PROVIDING I FOR REPEAL OF ALL ORDI 1 court, was published in said newspaper in the NANCES INCONSISTENT HERE- ) f • WITH; PROVIDING FOR INCORPO- /1 �� 6 aCP 199V RATION INTO• THE MONROE I J • COUNTY CODE; AND PROVIDNG AN EFFECTIVE DATE. Pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if a ;r says that the said The Key West Citizen is a newspaper published at Key person.decided to appeal any deci- sion made by the Board with respect :Ao,_n,ro,_eto any matter considered at such County, Florida, and that the said newspaper has heretofore been •hearing or meeting, he will need a ulished in said Monroe record of the proceedings, and that, County, Florida, each day (except Saturdays and I. for such purpose, he may need to en- ays) .and has been entered as second-class mail matter at the post office in -sure that a verbatim record of the ;aid Monroe County, Florida, for a period of 1 year next preceding the first includes proceedingsh t st made, which d�c vide°ce the attached copy of advertisement; and affiant further says that he has upon which the appeal is .to be based. it promised any person,firm or corporation any discount, rebate, commission Copies of the above-referenced ordi- t nance are available for review at the ; the purpose of securing this advertisement for publication in the said various public libraries in Monroe County, Florida: Dated at Key West,:Florida-this 19th • day of May, 1994. , DANNY L KOL;HAGE j (Signature of Affiant) _Clerk of the Circuit Court and`ex offibio-Clerk of the i Board.of County Comrrfissioners / day Of 1, ,,,/ , 1994. of Mo.naoe County, Florida subscribed before me this_May 22&29, 1994 (. Notary• "" -# - .7f-C e..e.,.........2.-1 ''''''''t,..,• N gnegi e of Public) ',:, ' MY COMMISSION#CC 354124 s. SEAL y. TII lif.f. EXPIRES:March 9,1998 • • '%S„ 0' Bonded pro Notary Public Underw hers • (Name of Notary Public) Expires: fi Personally K own or Produced Identification • Type of Identification Produced . • • PROOF OF PUBLICATION THE FLORIDA KEYS KEYNOTER Published Twice RiiffeUU JR PE_CO1 ' MARATHON, MONROE COUNTY, FLORIDA . '94 JUN —8 1110 :49 STATE OF FLORIDA ) COUNTY OF MONROE) D' `� CLK CIF:. ( i I`1ONROE COUN I Y. F I.!. Before the undersigned authority personally appeared MARY LOU SOLLBERGER who on oath, says that she is FINANCIAL DIRECTOR of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being a NOTICE OF INTENTION TO CONSIDER ADOPTION OF ORDINANCE IN THE MATTER OF DUCK KEY SECURITY DISTRICT was published in said newspaper in the issues of MAY 25 & JUNE 1, 1994 no.os7s400 NOTICE OF INTENTION T TO CONSIDER ADOPTION OF COUNTY ORDINANCE • NOTICE IS HEREBY GIVEN TO Alliant further says that the said FLORIDA KEYS KEYNOTER is a news- . WHOM IT MAY CONCERN that oh Thursday,June 16, 1994,at paper at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said ernM atn the Marathon Overseas I 3:00 p.m.t Center,279E I Highway, Marathon, Monroe County, Florida, the Board of I newspaper has heretofore been continuously published in said MONROE County Commissioners of Mon- - roe County, Florida,i intends to COUNTY, FLORIDA, twice each week (on Wednesdayand Saturday) and has - consider the adoption of fol- I lowing County ordinance: • I been entered as second class mail matter at the post office in MARATHON, .ORDINANCE NO. ' 1994• in said MONROE COUNTY- FLORIDA, for aperiod of oneyear next precedingSE IONOR 13 ON ORE AMENDINGNCE !I 005-1992(THE -DUCK DUCK KEY SE j the first publication of the attached copy of advertisement; and affiant fur- IN RD ORDER DISTRICT ORDINANCE)THAT THE DCK TO PROVIDE TDAT DUCK KEY SECURITYD ', TRICT MAY BE ABOLISHED BY BY ther says that she has neither paid nor promised any person, firm, or cor- : A REFERENDUM APPROVED BY . • ' A MAJORITY VOTE OF THE DIS-. , .p:or.ation any discount, rebate,:commission or refund for the purpose of HEREFERENDUM;PROVIDING THAT THE,REFERENDUM MAY securin this advertisement for ublication in the said news a er. SEAL qDE-HELD-ONLY IN YEARS WITH g p p p ) ONLY ATATHE SEPTCEMBE•R PRII-- - . MARY;.PROVIDING THAT THE y • - - . .'BOARD OF COUNTY-COMMIS- STONERS MAY ONLY CALL-FOR., THE REFERENDUM.UPON THE,.; • - • PRESENTATION OF A PETITION SIGNED BY.20%'OF THE-DIS- ; - TRICT ELECTORS PROVIDING; FOR,SEVERABILITY;-.PROVID- -,' ING FOR,REPEAL OF-ALL ORDI- ,' .-NANCE&INCONSISTENT HERE-.;I WITH-PROVIDING F.OR.INCOR-. ii PORATION.INTO_THE_MONROE..;1 - • • ' COUNTY-CODE;.AND PROVID ,_I - INGAN EFFECTIVE DATE. Pursuant to,Section•286.0,106i i! • Florida Statutes, notice is given 1 - that if a person decided to appeal i any decision made by the Board 1 with respect to any matter con- , _ sidered at such hearing or meet- - ' - - ing,he will need a record of the I. proceedings, and that, for such • purpose,he may need to ensure that a verbatim record of the pro- - I SWORN TO AND SUBSCRIB l► EFO THIS 2ND DAY OF JUNE A.D. 1994 Goading:. is r ade, which record includethe testimony-and•`ev1- dance upon which the appeal is .l t✓J be based. ! \ Copies of the above-referenced I Ordinance are available for review • 4111 /'' at the various public libraries in Monroe County,Florida. DATED at Key West,Florida,this i r. EATON day of May,1994. ���U—CK�C E�,TOid l D of thec KOLHAGE I 27 n7 I Clerk of the Circuit Court �1y Comm Exp. 5/ /, l and untyCio Clerk nfthe NOTARY ;Board of County Commissioners I -i PUBLIC 1+r-Bonded By Service Ins of Monroe County,Florida V r'`t*CF F`O�e No, CC290087 _FloridaPub `May25&June 1,1994 LLII��L::77VVUU Florid Keys Keynoter ' I]relssloliy Ivielei f I biker I.D. • NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Thursday, June 16, 1994 , at 3: 00 p.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 : ORDINANCE NO. -1994 AN ORDINANCE AMENDING SECTION 8 OF ORDINANCE NO. 005-1992 (THE DUCK KEY SECURITY DISTRICT ORDINANCE) IN ORDER TO PROVIDE THAT THE DUCK KEY SECURITY DISTRICT MAY BE ABOLISHED BY A REFERENDUM APPROVED BY A MAJORITY VOTE OF THE DISTRICT ELECTORS VOTINGIN THE REFERENDUM; PROVIDING THAT THE REFERENDUM MAY BE HELD ONLY IN YEARS WITH A PRIMARY ELECTION AND ONLY AT THE SEPTEMBER PRIMARY; PROVIDING THAT THE BOARD OF COUNTY COMMISSION- ERS MAY ONLY CALL FOR THE REFERENDUM UPON THE PRESENTA- TION OF A PETITION SIGNED BY 20% OF THE DISTRICT ELECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVID- ING 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 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 19th day of May, 1994. f ► a tiflU ]0BNGl. )03 DANNY L. KOLHAGE Clerk of the Circuit Court L5: Zd EZ AVW,1 176. and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) „d03i 03 •i1A Commissioner Cheal ORDINANCE NO. -1994 AN ORDINANCE AMENDING SECTION 8 OF ORDINANCE NO. 005-1992 (THE DUCK KEY SECURITY DISTRICT ORDINANCE) IN ORDER TO PROVIDE THAT THE DUCK KEY SECURITY DISTRICT MAY BE ABOLISHED BY A REFERENDUM APPROVED BY A MAJORITY VOTE OF THE DISTRICT ELECTORS VOTING IN THE REFERENDUM; PROVIDING THAT THE REFERENDUM MAY BE HELD ONLY IN YEARS WITH A PRIMARY ELECTION AND ONLY AT THE SEPTEMBER PRIMARY; PROVIDING THAT THE BOARD. OF COUNTY COMMISSION- ERS MAY ONLY CALL FOR THE REFERENDUM UPON THE PRESENTA- TION OF A PETITION SIGNED BY 20% OF THE DISTRICT ELECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVID- ING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that : Section 1 . Section 8 of Ordinance No. 005-1992 is hereby amended to read as follows : Section 8. SUNSET CLAUSE The Duck Key Security District shell-eease-to-ex3e--et the--exd--o-€--ithe--fkrortli---year--eftex--adeptiea--uniess eemtiRued-f-or--a--41 etir--years- -referendum agprevimg-the-ematimuatiea-ef-the-Distriet-by-a-majeri- ty-vete-of-the-vote-rs--in--t-he—r-i�t may be abolished by referendum in any primary election year bly the majority vote of the District electors voting in the referendum. The referendum must be held at the Septem- ber primary election to assure that the District, if the electors so decide, is timely abolished for the ensuing •fiscal year. The referendum may only be called by the Board of CountyCommissioners upon the presenta- tion of petition requesting the referendum signed by 20% or more of the qualified District electors. The petition must be, presented to the Board at least two months in advance of the September primary to assure that sufficient time is available to place the referen- dum on the September ballot. Section 2. 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. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4 . 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 5 . 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 , A.D. , 1994. Mayor London Mayor Pro Tem Cheal Commissioner Harvey Commissioner Freeman Commissioner Reich (SEAL) BOARD OF COUNTY COMMISSIONERS Attest : DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By *By Deputy Clerk Mayor/Chairman EFFECTIVE DATE viiduckey APPROVED AS r^