Ordinance 017-1994 •
1' z
III Mayor London
ORDINANCE NO. 017 -1994
AN ORDINANCE CREATING THE JOLLY ROGER ESTATES 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 INITIAL ASSESSMENT OF APPROXIMATELY $330 PER LOT
TO INSTALL THE CULVERTS; PROVIDING FOR SUBSEQUENT
ASSESSMENTS NOT TO EXCEED $100 PER LOT FOR CULVERT
MAINTENANCE; 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 COMM1SSIONE 0pi
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MONROE COUNTY, FLORIDA, that: a
(2' N ci
Section 1 . The Jolly Roger Estates Munickl Srvic
_ rr
Culvert District (hereafter District) is created,• uildefo Sear.
125 . 01(1) (q) and (r) , Fla. Stat. The District consists of the
following area:
Jolly Rogers Estates , PB5/34, excluding Block 20.
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
i
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 $98, 543. That estimate, when broken down on a per lot
basis , is approximately $330 per lot. Therefore, each lot in the
District is to be assessed the amount of $330 , 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 who vote 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 yeses
Mayor Pro Tem Cheal
Commissioner Harvey _,
Commissioner Freeman yes
Commissioner Reich
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L.KOLHAGE, Clerk OF MON COUNTY, FLORIDA
By a By
Deputy Cl rk ayor airman
EFFECTIVE DATE
viijolly
APPROVED AST POTUA
sUr: C �V
coUNry
•� E COUNTY•
annp I. 1aotIjage
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
Mrs. Liz Cloud, Chief 0oe9/ Qssv2/y
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. 017-1994 creating the Jolly
Roger Estates 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 initial assessment of approximately $330.00 per lot to install
the culverts; Providing for subsequent assessments not to exceed $100 per lot for culvert
maintenance; 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 session on August 16, 1994. Please file
for record.
Danny L. Kolhage
Clerk of Circuit Court
I and ex officio Clerk to the
ii oard of County Commissioners
By: -Isabel C.DeSantis
I
.1a.ket C. Z24.,,Zen4.:40
Deputy Clerk
cc: Municipal Code Corporation pef9 / 2.cr „2/S
County Commission
County Administrator
County Attorney of
Tax Collector
Property Appraiser
Supervisor of Elections
/File
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Thank you fo:r your assistance and cooperation. ,, ,, i, iC `; 'jl iI
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Ordinance Nos. 020--994, 016-1994, 9-94 1
� ;
018-1994 and 019-1994.
j TO; !r • i
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Ms. Isabel•C. DeSan'is' ' I
Deputy Clerk 'd'I '
Monroe County ;' ` fir. '
PO Box 1980 ', ; `' ,,
Key West, FL 33040 i.: ! j,, ' ,HI ."_4
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Deputy Clerk
cc: Municipal Code Corporation P19 / .Sr . ,,
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County Commission
County Administrator
County Attorney of
Tax Collector I
Property Appraiser
Supervisor of Elections
/File
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MUNICIPAL CODE CORPO ATION -
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�rdirance Jos. �20 _994, O16 ,994, 39k I` ,', ;
018-1994 and 019-1994. • �' ' ji
I. jt '�'d� ';
Ms. Isabel C. .DeSantis ; ,, ;
Deputy Clerk :Jr!� ' 1I
Monroe County . , it s ,
- PO Box 1980 ` ' •-
Key West, FL 33040 ' ; '.:,,! ,f•; 3.:
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FLORIDA DEPARTMENT OF STATE
Jim Smith, Secretary of State a T
DIVISION OF ELECTIONS mac-`' no
Bureau of Administrative Code T '
The Elliot Building r— =�.)
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 94-16 ,
6994.�:]._7; 94-18 and 94-19 , which were received and filed ' in this
office on August 29 , 1994 .
Si cerely,
63.AAQ
Liz Clou , Chief
Bureau of Administrative Code
LC/mb
' t i
PROOF OF PUBLICATION
• THE FLORIDA KEYS KEY,IQTER "G=
Published Twice Weekly
MARATHON, MONROE COUN , I�aD91DA0 51
�4
STATE OF FLORIDA ) '2 - 1:',.1 ;',kR; 1,,,
�, r COUN1 Y. F1-/,
COUNTY OF MONROE) pIUNROL-
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 Notice of Intention to
. Consider Adoption of County Ord.
IN THE MATTER OF: Ordinance creating_ the Jolly Roger Esttes MunictRal Service in the
Culvert District
Court was published in said newspaper in the issues of
July 30 4 August 6, 1994
•
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper 'no.2920000 -
at MARATHON in said MONROE COUNTY, nd that the said news- NOTICE OF INTENTION
f FLORIDA,r 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
TY, wice each week (on Wednesday and Saturday) and has been j 10:00 da ,Aughset 1 y 19go•
Li-
FLORIDA,,
1 OAO A. yy.,at the Key Largo he
I Board of eCou a y Comlmissionelrs
entered as second class mail matter at the post office in MARATHON, inI of Monroe County, Florida, in-
tends to consider the adoption of
said MONROE COUNTY, FLORIDA, for a period of one year next preceding , i the following County ordinance:
ORDINANCE NO. -1994
the first publication of the attached copy of advertisement; and affiant fur- AN ORDINANCE CREATING THE
JOLLY"ROGER ESTATES MU-
ther says that he has neither paid nor promised any person, firm, or corpo- • NICIPAL SERVICE CULVERT
DISTRICT IN ORDER TO IM-
PROVE THE WATER CIRCULA-
ration any discount, rebate, commission or refund for the purpose of recur- TION WITHIN CANALS LOCAT-
ED IN THE DISTRICT; PROVID-
ING FOR A DESCRIPTION OF
ing this advertisement for publication in the said news per.(SEAL) THE DISTRICT;•PROVIDING FOR
' AN INITIAL ASSESSMENT OF
APPROXIMATELY -$330 PER
LOT TO INSTALL THE 'CUL-
VERTS; PROVIDING FOR SUB-
'SEQUENT'ASSESSMENTS"NOT
TO EXCEED$100 PER LOT FOR
CULVERT MAINTENANCE,
PROVIDING THAT THE ASSESS-
•
MENTS WILL BE COLLECTED
AS NON-AD VALOREM AS-
SESSMENTS UNDER.SECTION
197.3632 FLORIDA
--- -- — STATUTES; PROVIDING FOR
' SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDI-
MAR`(LOU SOLLBERGER NANCES IN CONSISTENT
p (t • HEREWITH;PROVIDING FOR IN-
I4fy Comm Exo; 8/1�S/96 CORPORATION INTO THE MON-
.ROE COUNTY CODE;AND PRO-
VIDING AN EFFECTIVE DATE
(seal) �;cNotu)81rAuRcY
Eonded By Service Ins WILL BE UPON THE APPROVAL
4 l OF THE ORDINANCE BY THE
'e �Jdi X CC219643 DISTRICT ELECTORS. .
OF F4 • No. 7 �/�y Pursuant to Section 286.0105,
Peroal ill 1!n°al {)Ma L 8 —�—` ---- thatn
Florida pennon mdecided thSoa is appeal
SWORN TO AND SUBSCRIBED BEFORE ME THIS any decisionrespecttb an by ate Board datsuch to any matter con-
sidered at hearings or meet-
ings,he will need a record of the
proceedings, and that, for such
purpose,he may need to ensure
//1 "that a verbatim record of the pro-
--- // pro-
ceedings is made, onwhich record
DAY O F A.D. 19 1 includes the testimony and evi-
dence upon which the appeal is
to be based.
Copies of the above-referenced
ordinance are available for review
1 — �� at the various public libraries in
Monroe County,Florida.
DATED at Key West Florida,this
26th day of July,1994.-
DANNYL.KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
' Board of County Commissioners
of Monroe County,Florida
Publish:July 30&August 6,
. 1994
Florida Keys Keynoter
. 1
i NOTICE OF INTENTION TO CONSIDER -
• . 474
ADOPTION OF COUNTY.ORDINANCE
NOTICE IS HEREBY GIVEN TO'WHOM FI"MAY CONCERN
.thaton.Tuesday;August 16,1994 t?o4QQ1M at the Key I:argoLibrary,,
'_Key Largo,Florida, the.Board.of County Commissioners.of.Monroe ;1
County,Florida,intends to consider the adoption of the following County
ordinance:
ORDINANCE NO. 1994
AN ORDINANCE CREATING THE-JOLLY ROGER ESTATES
I
: MUNICIPAL SERVICE CULVERT DISTRICT IN ORDER TO IM-1
04
PROVE THE WATER CIRCULATION WITHIN CANALS LOCATED '
R�( IN THE DISTRICT; PROVIDING FORA DESCRIPTION OF THE
DISTRICT;PROVIDING FOR AN INITIAL ASSESSMENT OF AP- I
• DAGNY WOLFF . PROXIMATELY $330 PER LOT TO INSTALL THE CULVERTS;
Editor Publisher RECEIVEDE PROVIDING FOR S UBSEQUENT ASSESSMENTS NOT TO EXCEED
.$100 PER LOT FOR CULVERT MAINTENANCE;PROVIDING THAT
• THE ASSESSMENTS WILL BE COLLECTED AS NON-AD VALO- .
AO REM ASSESSMENTS UNDER SECTION 197.3632,FLORIDA STAT-
1 9 ; UTES;PROVIDING FOR SEVERABILITY; PROVIDING FOR RE-
.PEAL OF ALL ORDINANCES INCONSISTENT I1EREWITI-I;PRO-
PURCHASII`t. tVIDING FOR INCORPORATION INTO'THE MONROE COUNTY
i 'CODE;AND PROVIDING AN EFFECTIVE 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
the proceedings,and that;for such purpose,he may need to ensure that a
STATE OF FLORIDA f verbatim record:of.the proceedings is made,which record includes the
COUNTY OF MONROE ) • testimon and evidence up
on pon which the appeal i5 to be b'aseil. ,
-'Copies of the above-referencedoidinanceareay.' ..e review at'j
C the various public libraries in Monroe cotrdty
Before the undersigned authority personally appeared_DA ,Ft. Ada .
'DATED at Key'West,Florida,this 26th ,y of July;1994.
,who on oath, says that she is EDITOR&, - DANNY L.KOLHA E
of THE REPORTER,a weekly newspaper published at Tavernier,. : ` ' - - - .Clerk of the Circuit C. rt
that the attached copy of advertisement,being a_LEGAL AD I "-and ex officio Clerk of he'.
'oard of County Commissio crs
• .of Monroe County,F.rida
IN THE MATTER OF NOTICE OF INTENTION_ i- • : _. ,.
IN THE Court, was published in sa;Published:s{4 and s i 1/94.;_.- '
newspaper in the issues of 8/4 AND 8/11/94_''The Reporter:
Affiant further says that the said REPORTER is a newspaper pi Tavernier,FL 3307c
at Tavernier,in said Monroe County,Florida, and that the said nee.-.,,.Y__._..::,, - - • -
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.
SWORN TO AND SUBSCRIBED BEFORE ME THIS
_11TH_DAY OF_ AUGUST_A.D.,1994_ i, 1•
n r�`l G N
HI r11
�i ! N` `i
44t: -e-e. -�_
l5: OW 61. 91H V6.
NOTAR,YPIBRIaLC; ,AIL L: rl MIJA Al 1.Aav:
MY COM M-40n 6Sti'li(SS rEildtJAltY 05. 199t9 1 1 1;
1 ''^•— ,i .'`n -i a] Ifs
MY COMMISSION EXPIRES:
NNW AGENT'S NGTARY o:Z�RAr t,U.1_�,.
NOTICE OF IN I EN I ION i v t,vry
SIDER ADOPTION OF COUNTY
ORDINANCE
NOTICE IS. HEREBY GIVEN .TO
WHOM IT MAY CONCERN that on t ,
Tuesday, August 16, 1994, at 10:00 l �,e1 ' ,,
A.M. at the KeyLargo Library, Key : �''� �^
9 Yca€ • K); ES.r
Largo; Florida,?the Board of County I
Commissioners of Monroe:County,
'Florida, intends to consider• the'' (1:
• ITIZE
adoption of,the following County or- ' gk NF.,.
dinances:
ORDINANCE NO:-1994 . { Published Daily
ORDINANCE CREATING THE,
POAL SERO ICE CULVERT D STRIICT KKey West, Monroe County, Florida 33040
IN ORDER TO IMPROVE THE WA-
TER CIRCULATION WITHIN CA1
NALS LOCATED IN THEE DISTRICT;
PROVIDING FOR A DESCRIPTION
I OF THE DISTRICT; PROVIDINGDRIDA
FOR AN INITIAL ASSESSMENT OF/ONROE:
APPROXIMATELY $330 PER LOT
' TO INSTALL THE CULVERTS;,
' PROVIDING FOR SUBSEQUENT;
• ASSESSMENTS NOT TO EXCEEDIUnderSlgned authority personally appeared Randy Erickson, who on oath
$100 PER LOTN ; FOR ING TH CULVERT Manager of The KeyWest Citizen, a dailynewspaper ublished
MAINTENANCE; PROVIDING THAT g gp
THE ASSESSMENTS WILL BEtAonroe County, Florida; that the attached copy of the advertisement, being
COLLECTED AS NON-AD VALO-,
REM ASSESSMENTS UNDER SEC-TIO ', ` r ( J
UTES;197.3632,RID FG FORRAS SVER- of N( kt'`-e-- 0 l<��Fe-NAM° r" '� C`Li 9
PROVIDING SEVER-.
ABILITY; PROVIDING FOR REPEAL:
OF•ALL ORDINANCES INCONSIS
TENT HEREWITH; PROVIDING!
FOR INCORPORATION INTO THE
• MONROE COUNTY CODE; AND S
PROVIDING AN EFFECTIVE DATE CIS \-J- court, was published in said newspaper in the
WILL BE UPON THE APPROVAL
TORF THE ICT ELOECDTIORSCE BY THE DIS Y n��i� �, 1v�1 n� � `l[� k IOt-�`{ •
Pursuant to Section 286.0105, Flor-' �C
Ida Statutes, notice is given that if a
person decided to appeal any deci-
sion made by the Board with respeclr says that the said The Key West Citizen is a newspaper published at Key
�f� - Monroe County, Florida, and that the said newspaper has heretofore been
a fii
' Li in said Monroe County, Florida, each day (except Saturdays and
a ,0.- Y P Y.
,,� 4
,, Sys) and has been entered as second-class mail matter at the post office in
to any matter considered at such
hearing_or_meeting= he will need a aid Monroe County, Florida, for a period of 1 year next preceding the first
recforsrd ucofp purpose,proceedings,mn need
that,- the attached copy of advertisement; and affiant further says that he has
for such he may need to en- �i
sure that a verbatim record of the `promised any person,firm or corporation any discount, rebate, commission
proceedings is made, which record
includes the testimony and evidence he purpose of securing this advertisement for publication in the said
upon which the appeal is to be
based. • ,
Copies of the above-referenced ordi- •
.d___ „(2
-
nance are available for review at the '
various public libraries in Monroe
County,Florida.
Dated at Key West,•Florida this 26th '
day of July, 1994. (Pill6 (Signature-of Affiant)
DANNY L.KOLHAGE •
Clerk of the Circuit Court
and ex officio Clerk of the + N I _,,� Idf l�� , 1994.
Board of County Commissioners :subscribed before m� tliis.� " I IJ �y
of Monroe County,-Florida '
July 28th&August 4th, 1994 '"N t'i!
• a.wc-�•
s: ,, ,w:•„;.,9fls +'�'�(CY E.CEiER czature of Notary Public)
_� se MY C0MM SSIOfd#CC 354124.
SEAL EXPIRES:F
�'�s larch 9,1598
"`�' y.-.�- - ame of Notary Public)
Expires: f
Personally nown 7'' or Produced Identification .
Type of Identification Produced •
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 JOLLY ROGER ESTATES 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 INITIAL ASSESSMENT OF APPROXIMATELY $330 PER LOT
TO INSTALL THE CULVERTS; PROVIDING FOR SUBSEQUENT ,
ASSESSMENTS NOT TO EXCEED $100 PER LOT FOR CULVERT
MAINTENANCE; 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 JOLLY ROGER ESTATES 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 INITIAL ASSESSMENT OF APPROXIMATELY $330 PER LOT
TO INSTALL THE CULVERTS; PROVIDING FOR SUBSEQUENT
ASSESSMENTS NOT TO EXCEED $100 PER LOT FOR CULVERT
MAINTENANCE; 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)
III Mayor London
ORDINANCE NO. -1994
AN ORDINANCE CREATING THE JOLLY ROGER ESTATES 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 INITIAL ASSESSMENT OF APPROXIMATELY $330 PER LOT
TO INSTALL THE CULVERTS ; PROVIDING FOR SUBSEQUENT
ASSESSMENTS NOT TO EXCEED $100 PER LOT FOR CULVERT
MAINTENANCE; 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 Jolly Roger Estates 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:
Jolly Rogers Estates , PB5/34, excluding Block 20.
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 $98, 543. That estimate, when broken down on a per lot
basis , is approximately $330 per lot. Therefore, each lot in the
District is to be assessed the amount of $330, 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.
I - '
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 who vote 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 By
TSeeputt' Clerk Mayor/Chairman
EFFECTIVE DATE
vii j olly
APPPOVEMIAS
ANcy. 5Urc�r