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Ordinance 015-1994 n 1 • • Environmental Management ORDINANCE NO. 015 -1994 AN ORDINANCE AMENDING SECTION 8-82(d) , MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT AN ASSIGNMENT OF A SOLID WASTE COLLECTION FRANCHISE OR SPECIALTY HAULER FRAN- CHISE OCCURS IF THERE IS A TRANSFER OF 25% OR MORE OF THE VOTING SHARE OF A CORPORATION OWNING 50% OR MORE OF THE COLLECTION FRANCHISEE; REPEALING THE PROHIBITION ON THE OWNERSHIP OF MULTIPLE SOLID WASTE FRANCHISEES OR SPECIALTY HAULER FRANCHISEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COM_�'lISSIONERS -,-pF O A MONROE COUNTY, FLORIDA, that: m O Section 1 . Sec. 8-82(d) , Monroe County Code isc 'hereby 0 amended to read as follows : (d) A license shall be conditioned :Upon Vle collector' s or specialty hauler' s complying with @he following additional requirements: (1) Assignment of license. The collector or specialty hauler shall not assign the license to any person. A transfer during the term of a license of more than twenty-five (25) percent of the issued or outstanding stock of the collector or specialty hauler or of any corporation which holds more than fifty (50) percent of issued and outstanding stock of the collec- tor or specialty hauler shall constitute an assignment for the purposes of this section. Likewise, during the term of a license, any transfer of the voting rights attendant to twenty-five (25) percent or more of the issued or outstanding stock of the collector or spe- cialty hauler or of any corporation which holds more than fifty (50) percent of issued and outstanding stock of the collector or specialty hauler shall constitute an assignment for the purposes of this section. (2) Interlocking directorships . No person shall serve on the board of directors or as an officer, or own any interest in three (3) or more collectors providing collection services within the county or any corporation which holds more than fifty (50) percent of the issued and outstanding stock of any collector. (3) Certification of compliance. Each collector shall annually certify in writing to the county administrator that the collector and its offi- ,t cam cers , directors and stockholders have not violated any of the provisions of this subsection (d) and is in compliance with the remaining provisions of this section 8-82 . 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 21st day of July , A.D. , 1994. Mayor London yes Mayor Pro Tem Cheal yes Commissioner Harvey yes Commissioner Freeman yes' Commissioner Reich ves (SEAL) BOARD • ' OUNTY COMMISSIQNERS Attest :. - DANNY L.KOLHAGE, Clerk /OF MO '0' COU , F A ONN BY aoCkka C. j %By ' Deputy Y De ut Cl Ma or C airman EFFECTIVE DATE viitrash APPROVED AS TO FOr;n D LE L SU Ft tG`. Ey At!orne s ..��. Date ( ^ r - ic - • C�UNTy CO4Y r!¢J`.yJJM............ /QG��G9a yyG ' N t ....................... P �.1dY k�OUNP.F N )i_ annp IL. 1Sorja c 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 August 10, 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. 015-1994 amending Section 8-82(d), Monroe County Code, in order to provide that an assignment of a solid waste collection franchise or specialty hauler franchise occurs if there is a transfer of 25% or more of the voting share of a corporation owning 50% or more of the collection franchisee; Repealing the prohibition on the ownership of multiple solid waste franchisees or specialty hauler franchisees; Providing for severability; Providing for repeal of all ordinances inconsistent herewith; Providing for incorporation into the Monroe County 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 July 21, 1994. Please file for record. Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C. DeSantis acaa C. 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Roosevelt Boulevard, Key ' t,J ;; k. -.- Board Monroe County, Florida, the 3 .r: 1 J� Board_of County_Commissioners of I L ,� , Monroe County, Floirda, intends.to • 'consider the adoption of the folio I Published Daily ing County ordinance: • ORDINANCE NO.-1994 i ey West, Monroe County, Florida 33040 ' AN ORDINANCE AMENDING SEC,- e.,; . TION 8-82(d), MONROE COUNTY CODE, IN ORDER TO PROVIDE i THAT AN ASSIGNMENT OF A SOLID WASTE COLLECTION FRANCHISE OR SPECIALTY IAA • HAULER FRANCHISE'OCCURS IF 1ROE: THERE IS A TRANSFER OF 25% . 1 OR MORE OF THE.VOTING SHARE OF A CORPORTATION OWNING Iiersigned authority personally appeared Handy Erickson, who on oath ,50% OR MORE OF THE COLLEC- TION FRANCHISEE; REPEALING !ertising Manager of The Key West Citizen, a daily newspaper published THE PROHIBITION ON THE OWN- ERSHIP OF MULTIPLE SOLID pipe County, Florida; that the attached copy of the advertisement, being WASTE FRANCHISEES OR SPE- , CIALTY HAULER FRANCHISEES; .. ' PROVIDING FOR SEVERABILITY; /�p I cp �_� PROVIDING FOR REPEAL OF ALL Pr f l li Cal `n C c _e( l l ()In - V aL ci ORDINANCES INCONSISTENT 'HEREWITH; PROVIDING FOR IN- ,,.,, CORPORATION. INTO THE MON- ROE COUNTY CODE; AND PROVDING AN EFFECTIVE DATE. court, was published in said newspaper in the; Pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if a I person decided, to appeal any.deci- ,f U ;, sion 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, forsdch purpose,he may need to en- tys that the said The Key West Citizen is a newspaper published at Key sure that a verbatim record of the proceedings is made, which record oe County, Florida, and that the said newspaper has heretofore been ' includes the testimony,and evidence • upon which the appeal is .to be died in said Monroe County, Florida, each day (except Saturdays and based. I,and has been entered as second-class mail matter at the post office in Copies of the above-referenced ordi- nance are available for review at the ' Monroe County, Florida, for a period of 1 year next preceding the first various public libraries in Monroe • County,Florida: attached copy of advertisement; and affiant further says that he has Dated at Key West,.Florida this 29th . i,mis day of June, 1994. ed any person, firm or corporation any discount, rebate, commission DANNY L.KOLHAGE purpose of securing this advertisement for publication in the said Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida • July 1 &8, 1994 (Signature of Affiant) Sworn to and subscribed before me this day of _e_e_ , 1994. i ,„„„, NANO . I g urU f Notary Public) a;'fa, _ MY COMMISSION N CC 354124 SEAL ;.: 1i-0`� :; EXPIRES:March 9,1998 Wiz,. • ,p ;... Bonded Thru Notary Public Underwriters . (Name of Notary Public) Expires: ✓J' Personally Known >- or Produced Identification TVDC of Identification Produced • NOTICE OF INTENTION TO CONSIDER • ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that , on Thursday July 21,1994,at 10: . .at the Holiday Inn Beachside, 3841 N.Roos,evelt Boulevard,Key West, bnroe 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 8-82(d), MONROE COUNTY CODE,IN ORDER TO PROVIDE THAT AN ASSIGNMENT OF A SOLID WASTE COLLECTION FRANCHISE OR SPECIALTY 'eft riN HAULER FRANCHISE OCCURS IF THERE IS A TRANSFER OF 25% . OR MORE OF THE VOTING SHARE OF A CORPORATION OWNING DAGN• Y WOLFF 50%OR MORE OF THE COLLECTION FRANCHISEE;REPEALING THE PROHIBITION ON THE OWNERSHIP OF MULTIPLE SOLID Editor&Publisher E WASTE FRANCHISEES OR SPECALTY HAULER FRANCHISEES; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF • ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE;AND PRO- VIDING 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 , PROOF OF PUBLICATION 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 STATE OF FLORIDA testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at COUNTY OF MONROE ) the various public libraries in Monroe County,Florida. DATED at Key West,Florida,this 29th day of June,1994. DANNY L.KOLHAGE Before the undersigned authority personally appeared_DA - Clerk of the Circuit Court , who on oath, says that she is EDITOR and ex officio Clerk of the of THE REPORTER,a weekly newspaper published at Tavernier - Board of County Commissioners that the attached copy of advertisement, being a LEGAL AD._ of Monroe County,Florida PubIN THE MATTER OF NOTICE OF INTENTION The Repo:7/7 and 7/14/94 The Reporter 1N THE Court, was published Tavernier,FL 33070 newspaper in the issues of 7/7 and 7/14/94_ Affiant further says that the said REPORTER is a newspaper puutts►tcu - 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. SE SWORN TO AND SUBSCRIBED BEFORE ME THIS 14TH_DAY OF_JULY_A.D.,1994 • • - NOTARY PUBLIC fiCriAlt7 PtiBdt rtAT5 C/ MAX. lDA Al LAI3I Mir C'USiM EK 1ft8S rACi'luliliY 19f41 MY COMMISSION EXPIRESflzasgn PROOF OF PUBLICATION • • THE FLORIDA KEYS KEYNOTER Published Twice Weekly . MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared Tom Tuell ' who on oath, says that he/she is Editor of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being a .NQTlCE OF INTENTION 'IQ___ IN THE MATTER OF: CONSIDER ADOPTION OF ORDINANCE NO. -1944 amending section in the 8-82(cd) • Court, was published in said newspaper in the issues of July 2 & 9, 1994 • • Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper no.B111900 -. NOTICE OF INTENTION. __ at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- TO CONSIDER ADOPTION - OF COUNTY ORDINANCE•. paper has heretofore been continuously published in said MONROE COUN- *NOTICE IS'HEREBY GIVEN TO: WHOM IT MAY CONCERN that on Thursday.July 21, 1994,-at TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been 10:00 A.M., at the Holiday Inn'. .Beachside. 3841. N. Roosevelt; Boulevard Key West, Monroe entered as second class mail matter at the 'post office in MARATHON, in county, Florida, the Board of • County Commissioners of Mon-, said MONROE COUNTY, FLORIDA,for a period of one year next preceding roe-a nh Florida,. doP on ofathe.fds ol- lowing County ordinance: the first publication of the attached copy of advertisement; and affiant fur- H ORDINANCE NO. , . ,1994 ther says that he has neitherpaid norpromised anyperson, firm, or corpo- AN "ORDINANCE. AMENDING; Y P SECTION' 8-821d1. MONROE) COUNTY CODE, IN ORDER TO, ration any discount, rebate, commission or refund for the purpose of secur- PROVIDE:.soLI AN ASSIGNA MENT OF A.SAT ANASTE COL LECTIONI FRANCHISE OR SPE= ing this advertisement for publication in the said newspaper.(SEAL) OCCURS HAULER.. FRANCHISE FFER OF 26%OR MORE OF THE' .VOTING SOWNIN F.A CORPO -.RATION..'OWNING 50% OR I MORE HOE 'THE P COLLECTION`I FRANCHISEE;.REPEALING THE PROHIBITION OF THE-OWNER SHIP. OF. MULTIPLE SOLIDI WASTE FRANCHISEES OR SPE-' I CIALTY HAULER FRANCHISEES;; i PROVIDING FOR SEVERABILI I TV'PROVIDING FOR REPEAL OF, I ALL ORDINANCES INCONSIIS- , \ '1 I TENT HEREWITH; PROVIDING • I FOR INCORPORATION - INTO' THE-MONROE COUNTY CODE) �• AND PROVIDING AN EFFECTIVE'• DATE. Pursuant:to Section.286.0105, �-- , -Florida Statutes, notice is.,giveni that if a person decided to appeal any dsclsioo.,mode by'the Board,. MARY LOU SOLLBERGER with respectat earingany'rns or - sidered at such d'a re s or meet- ings,- he will need•a record ofs that My Comm Exp. proceedings, and that, for such (seal) NOTARY p� 8/1.4/96 .purpose,he may need,to ensure; 7 �iU�Lic Bonded that a ceedin erbatmade; a e; hicohl record, Cd By Se. Ins oeeudes h mes i v! includes she testimony and evi� O' P1o. CC219643 -dance upon which the appeal is: tTp rr4 ,,�cc++' ��Tt�� / to be based... SWORN TO AND SUBSC BED BEFOIrE THIS ` / ` to a se tho,above-referenced ordinance are available for review at tihe various public libraries in Monroe County,Florida; DATED-at day of June,a199�1.Florida,this' DAY OF A.D. 19 9L k Nof the Circuit Clerk of Circuit Court' _ and ex officio Clerk of the I _Board of County nroye County,Florida' Publish:July 2&9,1994 . Florida,Keys Keynoter ( like/{.../7 1 • NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Thursday, July 21 , 1994 , at 10 : 00 A.M. at the Holiday Inn Beachside, 3841 N. Roosevelt Boulevard, Key West, Monroe County, • Florida, the Board of County Commissioners of Monroe County, • Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1994 AN ORDINANCE AMENDING SECTION 8-82(d) , MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT AN ASSIGNMENT OF A SOLID WASTE COLLECTION FRANCHISE OR SPECIALTY HAULER FRAN- CHISE OCCURS IF THERE IS A TRANSFER OF 25% OR MORE OF THE VOTING SHARE OF A CORPORATION OWNING 50% OR-MORE OF THE COLLECTION FRANCHISEE ; REPEALING THE PROHIBITION ON THE OWNERSHIP OF MULTIPLE SOLID WASTE FRANCHISEES OR SPECIALTY HAULER FRANCHISEES ; 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 review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 29th day of June, 1994 . DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Environmental Management ORDINANCE NO. -1994 AN ORDINANCE AMENDING SECTION 8-82(d) , MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT AN ASSIGNMENT OF A SOLID WASTE COLLECTION FRANCHISE OR SPECIALTY HAULER FRAN • - CHISE OCCURS IF THERE IS A TRANSFER OF 25% OR MORE OF THE VOTING SHARE OF A CORPORATION OWNING 50% OR MORE OF THE COLLECTION FRANCHISEE; REPEALING THE PROHIBITION ON THE OWNERSHIP OF MULTIPLE SOLID WASTE FRANCHISEES OR SPECIALTY HAULER FRANCHISEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY T.HE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that : Section 1 . Sec. 8-82(d) , Monroe County Code, is hereby amended to read as follows : (d) A license shall be conditioned upon the collector' s or specialty hauler' s complying with the following additional requirements : (1) Assignment of license. The collector or specialty hauler shall not assign the license to any person. A transfer during the term of a license of more than twenty-five (25) percent of the issued or outstanding stock of the collector or specialty hauler or of any corporation which holds more than fifty (50) percent of issued and outstanding stock of the collec- tor or specialty hauler shall constitute an assignment for the purposes of this section. Likewise , during the term of a license, any transfer of the voting rights attendant to twenty-five (25) percent or more of the issued or outstanding stock of the collector or spe- cialty hauler or of any corporation which holds more than fifty (50) percent of issued and outstanding stock of the collector or specialty hauler shall constitute an assignment for the purposes of this section. (2) Interlocking directorships . No person shall serve on the board of directors or as an officer, or own any interest in twe--4-24 three (3) or more collectors providing collection services within the county or any corporation which holds more than fifty (50) percent of the issued and outstanding stock of any collector. f3) (2) Certification • of compliance. Each collector shall annually certify in writing to the county administrator that the collector and its offi- cers , directors and stockholders have not violated any of the provisions of this subsection (d) and is in compliance with the remaining provisions of this section 8-82 . 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 viitrash APPROVED AS r r^^ ^ D LE SU F' ' By A � n�ra (�— 7%!creg4 PILE sr44. pro••-�"�,� COp EVE 5.... 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 August 16 , 1994 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Isabel De Santis, Deputy Clerk Dear Mr . Kolhage : Pursuant to the provisions of Section 125.66 , Florida Statutes, this will acknowledge your letter of August 10 , 1994 and certified copies of Monroe County Ordinance Numbers 94-13 , 94-14 and .9-415=pwhich were received and filed in this office on August 15 , 1994 . Sincerely, (� %-&V � Liz Cloud, Chief Bureau of Administrative Code LC/mb Go :ST N -