Ordinance 016-1994 T
IV Mayor London
ORDINANCE NO. 016 -1994
AN ORDINANCE CREATING THE CUDJOE GARDENS MUNICIPAL
SERVICE CULVERT DISTRICT IN ORDER TO IMPROVE THE WATER
CIRCULATION WITHIN CANALS LOCATED IN THE DISTRICT;
PROVIDING FOR A DESCRIPTION OF THE DISTRICT; PROVIDING
FOR AN ASSESSMENT OF APPROXIMATELY $971 PER LOT TO
INSTALL THE CULVERTS; PROVIDING THAT THE ASSESSMENTS
WILL BE COLLECTED AS NON-AD VALOREM ASSESSMENTS UNDER
SECTION 197 .3632, FLORIDA STATUTES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE
WILL BE UPON THE APPROVAL OF THE ORDINANCE BY THE
DISTRICT ELECTORS.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section I . The Cudjoe Gardens Municipal Service Culvert
District (hereafter District) is created under Sec. 125 . 01(1) (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, excluddng-FLo
14-17 Block 2, Lots 14-49 Block 3, and Lots 134.5 -Block m
(Dc.)„ C7
Cudjoe Gardens 3rd Addition, PB5/7 ; �=
Cudjoe Gardens 5th Addition, PB6/88, excluding Lo c;
1-17 Block 16; T - Q
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 .
The Monroe County Board of County Commissioners have determined /
that the real property in the District will be specially benefit-zr
ted by the improvements described in Section 3 .
Section 2. The governing body of District is the Monroe
A i
s
County Board of County Commissioners . The chairman of the
governing body is the Mayor.
Section 3 . The District purpose is to improve the water
circulation of the canals located in the District through the
installation of culverts . The governing body has all the author-
ity granted by general law necessary to carry out the District
purpose including borrowing funds through the sale of District
tax anticipation notes or warrants .
Section 4. The estimated cost of the installation of the
culverts , including design and administrative costs , required to
improve the water circulation in the District canals is approxi-
mately $268, 785 . That estimate, when broken down on a per lot
basis , is approximately $971 per lot. Therefore, each lot in the
District is to be assessed the amount of $971 , without regard to
lot ownership unless the owner is exempt under state law. The
per lot assessment may be increased by the sum necessary to cover
the expense of borrowing the estimated installation costs through
tax anticipation notes or warrants if the governing body so
elects . The District assessments are to be collected as non-ad
valorem assessments as provided in Sec. 197 .3632, Fla. Stat. In
addition, the District budget must be approved under all general
laws applicable to the adoption and preparation of county
budgets .
Section 5. The District funds must be received, held and
secured by the Clerk of the Circuit Court in the same way as
other County funds . The District funds must be maintained in a
separate account and may only be used for the purposes authorized
by this ordinance. The District funds may only be disbursed on
the direction of the governing body under a requisition signed by
the Chairman/Mayor and countersigned by the Clerk.
Section 6. 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 7 . All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of
said conflict.
Section 8. 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 9 . This ordinance must be filed in the Office of
the Secretary of State of the State of Florida, but will not take
effect until a referendum approving the ordinance has been passed
by a majority of the electors of the District voting in the
referendum.
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 August , A.D. , 1994.
Mayor London yes
Mayor Pro Tem Cheal yes,
- Commissioner Harvey ves
- Commissioner Freeman yes
Commissioner Reich yes
(SEAL) BOARD S. COUNTY COMMISSIONERS
Attest: DANNY L.KOLHAGE, Clerk OF MO► 10; COU z:Y FLO DA
By C ty er Q1 - By 'e
epu Mayor/Chairman
EFFECTIVE DATE
viicudjoe
- _
APPROVED AS TO FC!7.':;!
AND F s/op tci!� rr.ii
By do'-'/Airo'
r
rt 4b GOUNTI,CO t,
e:;;"O,UpliF;L Gg�r,o5
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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 25, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED /0 8 9/ a;SS o?//'
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. 016-1994 creating the
Cudjoe Gardens Municipal Service Culvert District in order to improve the water
circulation within canals located in the District; Providing for a description of the
District; Providing for an assessment of approximately $971 per lot to install the
culverts; Providing that the assessments will be collected as non-ad valorem assessments
under Section 197.3632,Florida Statues; 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 upon the approval of the Ordinance by
the District Electors.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in formal sessio on August 16, 1994. Please file
for record.
Danny L. Koihage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C.DeSantis
Cam. c e Lit:4)
Deputy Clerk
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FLORIDA DEPARTMENT OF STATE
Jim Smith, Secretary of State Z
DIVISION OF ELECTIONS r... -0 71
Bureau of Administrative Code •
The Elliot Building r l31 ;�
Tallahassee, Florida 32399-0250
(904) 488-8427
August 31 , 1994
Honorable Danny L. Kolhage
Clerk of the Circuit Court
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 August 25 , 1994 and
certified copies of Monroe County Ordinance Numbers 49r
94-17 , 94-18 and 94-19 , which were received and filed in this
office on August 29 , 1994 . ,}
Si cerely,
ac,J,Q
Liz Clou , Chief
Bureau of Administrative Code
LC/mb
NOTICE.OF INTENTION.TO CON- 1
SIDER Ar3� TIONOF COUNTY .
ORDINANCE
,NOTICE :IS;-HEREBY GIVEN TO
,WHOM IT MAY CONCERN that on �..�:
Tuesday, August 16, 1994, at 10:00 A� ,.
A.M. at the Key Largo Library, Key.' 4:100.4f KEYViJEST
Largo, Florida, the Board of County 0 ''1.
'Commissioners of-Monroe Count C I �JJIF `" ` 1[
ui
Florida, intends to consider thel '� �_ � _���'�• J
adoption of the following County or'
dinances:• 9 in :51
ORDINANCE NO.-1994 Published a
AN ORDINANCE CREATING THE •
CUDJOE GARDENS MUNICIPAL Key West, Monroe County, Florida 33040
SERVICE CULVERT DISTRICT IN , •.,-R' - -
ORDER TO IMPROVE THE WATER Ct_K. !.Ifs. f- '•
CIRCULATION WITHIN CANALS MONROE COUNTY. H I,
LOCATED IN THE DISTRICT; PRO-
VIDING FOR A DESCRIPTION OF ,,RIDA
THE-DISTRICT; PROVIDING• FOF—
AN ASSESSMENT OF APPROXI,MONROE:
MATELY $971 PER LOT TO IN
STALL THE CULVERTS;. PROVID .
ING THAT THE ASSESSMENTS, undersigned authoritypersonallyappeared RandyErickson, who on oath
WILL BE COLLECTED AS NON-AD pp
VALOREM ASSESSMENTS UNDER
Advertising Manager of The Key West Citizen, a daily newspaper published
SECTION. 197.3632, FLORIDA
STATUTES; PROVIDING FOR SEV iMonroe County, Florida; that the attached copy of the advertisement, being
ERABILITY; PROVIDING FOR RE-1
PEAL; OF -ALL ORDINANCES IN-1
CONSISTENT HEREWITH; PRO-I, p �_ 1,b„, ),tiff ,s,.. t E?�
VIDING FOR INCORPORATION,,r of Nj--vC�- ��2— 1 / �G-� C 0
.INTO THE MONROE COUNTY l-
• CODE; AND PROVIDING AN EF- ,
FECTIVE DATE WILL, BE UPON
THE APPROVAL OF THE ORDI- •,
NANCE BY THE DISTRICT ELEC-TORS: ,�e(A,t4- court, was published in said newspaper in the
Pursuant to Section 286.0105, Flor- . •
Ida Statutes', notice is givers that if a. ',�`r "�k 1�c�s�s� 1
• person decided to appeal any deci-
,„ 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', says that the said The Key West Citizen is a newspaper published at Key
for such purpose,he may need to en-
sure that a verbatim record of ,the nroe County, Florida, and that the said newspaper has heretofore been
proceedings is made; which record
includes the testimony and evidence lished in said Monroe County, Florida, each day (except Saturdays and
, upon which the :appeal is'to be ;) and has been entered as second-class mail matter at the post office in
based.,
Copies of the above-referenced ordi- I Monroe County, Florida, for a period of 1 year next preceding the first
1 nance are available for review at the •
various public libraries- in Monroe H attached copy of advertisement; and atfiant further says that he has
County,Florida.. ' • . 'omised an erson,firm or cor oration any discount, rebate, commission
Dated at Key West,' Florida this 26th- • y p p
day of July, 199DANNl'L.KOLHAGE ' purpose of securing this advertisement for publication in the said
Clerk of the Circuit Court I
and ex officio Clerk of the
Board of County Commissioners
of Monroe County,Florida • f 6i404:1401
' July 28th&August 4th, 1994
(Signature-of Affiant)
Sworn to and subscribed before me thisZ, day of e.-n Z , 1994.
z /..7
• --' - / ' nature of Notary Public)
,1,9:14 NANCY E.CEIER
.,,, a +z MY COMMISSION N CC 354124
SEAL e
. :, EXPIRES:March 9,1998
'4;u f:g'' Bonded Tin Willi,Public Unthrwimm
-�---- game of Notary Public)
Expires: ,01/
Personally Known or Produced Identification •
Type of Identification Produced
. ' ' NOTICE OF INTENTION TO CONSIDER ,
ADOPTION OF COUNTY ORDINANCE
. . 174 .
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN
-that on Tuesday,August 16,1994,at 10:00 A.M.at the Key Largo Library, ,
Key Largo, Florida, the Board of Codt ,ommissioners of Monroe
County,Florida,intends to consider the adoption'of the following County
ordinance: ,
ORDINANCE NO. 1994
AN ORDINANCE CREATING THE CUDJOE-GARDENS MU-
NICIPAL SERVICE CULVERT DISTRICT IN ORDER TO IMPROVE
`' THE WATER CIRCULATION WITHIN CANALS LOCATED IN THE
SE R M: DISTRICT;PROVIDING FOR A DESCRIPTION OF THE DISTRICT;
PROVIDING FOR AN ASSESSMENT,OF APPROXIMATELY$971
• DAGNY WOLFF - PER LOT TO INSTALL THE CULVERTS;PROVIDING THAT THE,
Editor&Publisher RECEIVED a ASSESSMENTS WILL BE COLLECTED AS NON-AD VALOREM
ASSESSMENTS UNDER SECTION 197.3632,FLORIDA STATUTES;'
PROVIDING'FOR SEVERABILITY;PROVIDING FOR REPEAL OF.
AUG i e 1994 ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING,
-FOR INCORPORATION INTO THE MONROECOUNTY CODE;AND.
- PROVIDING AN EFFECTIVE DATE WILL BE UPON THE AP-'
PLIRCHASIT . PROVAL OF THE ORDINANCE BY THE DISTRICT ELECTORS.
Pursuant to Section 286.0105,Florida Statutes,notice is given that if
PROOF OF PUBLICATION 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
STATE OF FLORIDA - verbatim record of the proceedings is made,which record includes the I
testimony-and evidence upon which the appeal is to be based. •
COUNTY OF MONROE ) Copies of the above-referenced ordinance are available for review at
the various public libraries in Monroe County,Florida.
i DATED at Key West,Florida,this 26th day of July,1994.
Before the undersigned authority personally appeared_DA DANNY L.KOLHAGE
, who on oath, says that she is_EDITOR . Clerk of the Circuit Court •
of THE REPORTER,a weekly newspaper published at Tavernier- , and ex officio Clerk of the
that the attached copy of advertisement, being a_LEGAL AD Board of County Commissioners of Monroe County,Florida '
IN THE MATTER OF NOTICE OF INTENTION Published:8/4 and 8/11/94
IN THE Court, was published in s The Reporter - -- •
-
newspaper in the issues of 8/4/94 . Tavernier,FL 33070
Affiant further says that the said REPORTER is a newspaper pi. ._____ - -
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 o '-1
one year next preceding the first publication of the attached copy of advertisement; z ;n
and affiant further says that he has neither paid nor promised any firm, person, or c�
corporation any discount, rebate,commission or refund for the purpose of securing L) - �;
this said advertisement for publication in the said newspaper. i- ='
/ :-<:- ' [T
- _ O
1� . 2'1
SWORN TO AND SUBSCRIBED BEFORE ME THIS
•
_11TH_DAY OF_AUGUST A.D.,1994_
—/d in-2�, / - o'ea
NOTARY PUBLIC
t'9OSAKY PUBL,K4 liAli %:)F f^tOl'.S'JA At 6Aa'J
MY COMMISSION EXPIRES:MY CoM,Io Mitt)r!@XPtitV6 PEENUA.Y 03,1994
£.:i.:::::D it J. nor.wi•S[VOTARY ZYOKSKAG0
• ' PROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA ) -t-1
COUNTY OF MONROE) CD
171
oC' _ o
. = �,
Before the undersigned authority personally appeared Tom Tuell w�ro on oath says that he/she is
C� w '
Editor -of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper-publishe4 at MARATHON,
. CD c,
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice or-Cs-Intention to.
•
Consider''adoptio• n of County Ord. ,
IN THE MATTER OF: Creatin,g_the cudioe Gardens Munical Service Culvert District in the
Court was published in said newspaper in the issues of
- July_30_& August 6_,_ 1994 •
.Ino.2910400
NTICE OF INTENTION 1
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper TOCONS DER ADOPTION
OF COUNTY ORDINANCE
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- NOTICE IS'HEREBY GIVEN To
WHOM IT MAY CONCERN that.
paper has heretofore been continuously published in said MONROE COUN- on Tuesday,August 16,1994,at'
I -10:00 A.M.,at the Key Largo Li-
brary, Key Largo, Florida, the
Board of County Commissioners{
TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been of Monroe County, Florida,-in-;
tends to consider the adoption of,
entered as second class mail matter at the post office in MARATHON, in the following County ordinance: ,
ORDINANCE NO. -1994
said MONROE COUNTY, FLORIDA, for a period of one year next preceding AN ORDINANCE CREATINGTHE1
SERVICE CULVERT DISTRICT IANI
the first publication of the attached copy of advertisement; and affiant fur- ORDER TO IMPROVE THE WA.
TECANALS LOCATED IN-THE DISH-I
ther says that he has neither paid nor promised any person, firm, or corpo- TRICT; PROVIDING FOR A DE-I
•
SCRIPTION OF THE DISTRICT;'
ration any discount, rebate, commission or refund for the purpose of secur- PR TIDING FOR
P AN APASSESS-
ELY
$971 PER LOT TO INSTALL THE
ingthis advertisement forpublication in the said news a er. SEAL CULVERTS; PROVIDING THAT
P P ) THE ASSESSMENTS WILL BE
COLLECTED AS NON-AD VAL-
OREM ASSESSMENTS UNDER
1 i SECTION 197.3632. FLORIDA
STATUTES; PROVIDING FOR
SEVERABILITY; PROVIDING
1 FOR REPEAL OF ALL ORDI-
NANCES PROVIDING. OR
M 11 INCOR-
PORATION INTO THE MONROE
COUNTY CODE; AND PROVID-
'ING AN EFFECTIVE DATE WILL
'Y s-a. o.--. --�' I THE ORDINANC APPROVAL TH DIS-
TRICT ELECTORS.
My Comm Exp, 8/1.4/96 Pursuant to Section 286.0105,
(seal) (I)
"` Bonded By Service Ins Florida Statutes, notice is giva 119.4 that if a person decided to appealO any-decision made,by the Board
, N . CC21964.3 ! with respect to•any matter con-
sidered at such hearings or meet=��o ings,he will need a record of the
''dry Psordy K10 I O i /Ut proceedings, and that, for such
Ilfi\ I purpose,he may need to ensure
that a verbatim record of the pro-
ceedings is made,which record
includes the testimony and evi-
SWORN TO AND SUBSCRIBED BEFORE ME THIS9 y dence 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.
DAY_ DATED at Key West Florida,this
OF L A.D. 1997 26th day of July,1994.
DANNY L.KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
�iJ of Monroe County,Florida
!/ Publish;July 3O&August 8,
1994
Florida Keys Keynoter
• L
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, August 16 , 1994 , at 10: 00 A.M. at the Key Largo Library,
Key Largo, 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 CREATING THE CUDJOE GARDENS MUNICIPAL
SERVICE CULVERT DISTRICT IN ORDER TO IMPROVE THE WATER
CIRCULATION WITHIN CANALS LOCATED IN THE DISTRICT;
PROVIDING FOR A DESCRIPTION OF THE DISTRICT; PROVIDING
FOR AN ASSESSMENT OF APPROXIMATELY $971 PER LOT TO
INSTALL THE CULVERTS; PROVIDING THAT THE ASSESSMENTS
WILL BE COLLECTED AS NON-AD VALOREM ASSESSMENTS UNDER
SECTION 197. 3632, FLORIDA STATUTES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE
WILL BE UPON THE APPROVAL OF THE ORDINANCE BY THE
DISTRICT ELECTORS.
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 26th day of July, 1994.
DANNY L. KOLHAGE
Clerk of the Circuit Court and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
(SEAL)
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, August 16, 1994, at 10: 00 A.M. at the Key Largo Library,
Key Largo, 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 CREATING THE CUDJOE GARDENS MUNICIPAL
SERVICE CULVERT DISTRICT IN ORDER TO IMPROVE THE WATER
CIRCULATION WITHIN CANALS LOCATED IN THE DISTRICT;
PROVIDING FOR A DESCRIPTION OF THE DISTRICT; PROVIDING
FOR AN ASSESSMENT OF APPROXIMATELY $971 PER LOT TO
INSTALL THE CULVERTS; PROVIDING THAT THE ASSESSMENTS
WILL BE COLLECTED AS NON-AD VALOREM ASSESSMENTS UNDER
SECTION 197. 3632, FLORIDA - STATUTES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE
WILL BE UPON THE APPROVAL OF THE ORDINANCE BY THE
DISTRICT ELECTORS.
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 26th day of. July, 1994.
DANNY L. KOLHAGE
Clerk of the Circuit Court and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
(SEAL)
IV Mayor London
ORDINANCE NO. -1994
AN ORDINANCE CREATING THE CUDJOE GARDENS MUNICIPAL
SERVICE CULVERT DISTRICT IN ORDER TO IMPROVE THE WATER
CIRCULATION WITHIN CANALS LOCATED IN THE DISTRICT;
PROVIDING FOR A DESCRIPTION OF THE DISTRICT; PROVIDING
FOR AN ASSESSMENT OF APPROXIMATELY $971 PER LOT TO
INSTALL THE CULVERTS; PROVIDING THAT THE ASSESSMENTS
WILL 'BE COLLECTED AS NON-AD VALOREM ASSESSMENTS UNDER
SECTION 197 .3632, FLORIDA STATUTES ; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE
WILL BE UPON THE APPROVAL OF THE ORDINANCE BY THE
DISTRICT ELECTORS.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. The Cudjoe Gardens Municipal Service Culvert
District (hereafter District) is created under Sec. 125. 01(1) (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, and Lots 13-15 Block
4;
Cudjoe Gardens 3rd Addition, PB5/7 ;
Cudjoe. Gardens 5th Addition, PB6/88, excluding Lots
1-17 Block 16;
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.
The Monroe County Board of County Commissioners have determined
that the real property in the District will be specially benefit-
ted by the improvements described in Section 3.
Section 2. The governing body of District is the Monroe
•
County Board of County Commissioners . The chairman of the
governing body is the. Mayor.
Section 3. The District purpose is to improve the water
circulation of the canals located in the District through the
installation of culverts. The governing body has all the author-
ity granted by general law necessary to carry out the District
purpose including borrowing funds through the sale of District
tax anticipation notes or warrants .
Section 4. The estimated cost of the installation of the
culverts, including design and administrative costs , required to
improve the water circulation in the District canals is approxi-
mately $268, 785. That estimate, when broken down on a per lot
basis , is approximately $971 per lot. Therefore, each lot in the
District is to be assessed the amount of. $971 , without regard to
lot ownership unless the owner is exempt under state law, The,
per lot assessment may be increased by the sum necessary to cover
the expense of borrowing the estimated installation costs through
tax anticipation notes or warrants if the governing body so
elects. The District assessments are to be collected as non-ad
valorem assessments as provided in Sec. 197 .3632, Fla. Stat. In
addition, the District budget must be approved under all general
laws applicable to the adoption and preparation of county
budgets.
Section 5. The District funds must be received, held and
secured by the Clerk of the Circuit Court in the same way as
other County funds . The District funds must be maintained in a
separate account and may only be used for the purposes authorized
by this ordinance. The District funds may only be. disbursed on
t
the direction of the governing body under a requisition signed by
the Chairman/Mayor and countersigned by the Clerk.
Section 6. 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 7 . All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of
said conflict.
Section 8. 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 9. This ordinance must be filed in the Office of
the Secretary of State of the State of Florida, but will not take
effect until a referendum approving the ordinance has been passed
by a majority of the electors of the District voting in the
referendum.
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 Dy
Deputy Clerk Mayor/Chairman
EFFECTIVE DATE
viicudjoe APPROVED ASTOF^".
AND LE Si ,:i'v