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Ordinance 041-1994
is _ Commissioner Cheal ORDINANCE NO. 041 -1994 AN ORDINANCE AMENDING SECTION 6 OF ORDINANCE NO. 005-1992 (THE DUCK KEY SECURITY DISTRICT ORDINANCE) IN ORDER TO PROVIDE THAT ONLY ONE RESIDENTIAL ASSESSMENT MAY BE MADE UNDER CERTAIN CONDITIONS WHEN ONE RESIDENCE OCCUPIES A MULTIPLE LOT SITE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO. '*i THE MONROE COUNTY CODE; AND PROVIDING AN EFFECT VE?DAT rn BE IT ORDAINED BY THE BOARD OF COUNTY COMMSSIONgS c a MONROE COUNTY, FLORIDA, that: - . `- ' rn N Section 1 . Section 6 of Ordinance No. 005-1$92 is hereby W r. amended to read as follows : Section 6. ASSESSMENTS The Advisory Board shall prepare to the Governing Body a proposed budget for the Duck Key Security District within ninety days of the date of the passage of this ordinance. The Governing Body can accept, reject or modify the proposed budget. Upon the acceptance of the initial proposed budget, the Governing Body shall authorize a referendum in the District to be held at the next available primary or general election to approve the collection of non ad valorem assessments as provided by Sec. 197 . 3632, Fla. Stat. , to support the implementation of District law enforcement services . The initial implementation of District law enforcement services . The initial assessment shall not be levied unless first approved by a majority of voting residents in the referendum called for that purpose. The initial non ad valorem assessment for this budget shall be no more than $200.00 per improved lot and $20 .00 per unimproved lot. If the referendum is disapproved by the voters , the the Governing Body shall take no further action pursuant to this ordinance and shall act with dispatch to repeal the same. If approved, and for the years following the initial year, the Advisory Body shall annually prepare a budget and submit it for acceptance, rejection or modification by the Governing Body and the imposition of such non ad valorem assess- ments as may be needed. Except as provided in para- graph 8, there shall be no need for referenda in subsequent years unless an assessment increases more than ten percent (10%) over the previous year or increases to more than the sum of $300 .00 per improved lot or more than the sum of $30. 00 per unimproved lot in any given year. Assessments shall be assessed on the basis of one residential assessment for each improved lot and one unimproved lot assessment per unimproved lot, regardless of ownership unless exempt by state law. In the case of a residential unit that is built on more than one lot, or in the case of a residential unit that is located on a site composed of more than one lot when the lots are in common ownership and subject to a recorded unity of title declaration or agreement, then only one residential assessment may be assessed regardless of the number lots involved. Lots with houses under construction on January 1st of each year shall pay the unimproved lot assessment unless the construction thereon has been substantially completed by January 1st of each year after which the lots will be assessed as residences . In addition to the preceding, the District budget shall also be approved pursuant to all general law relating to the adoption and preparation of County budgets . 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 14th day of December , A.D. , 1994. Mayor Freeman yes Mayor Pro Tem London yes Commissioner Douglass yes Commissioner Harvey yes Commissioner Reich _yes (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By er By / ./� eputy iayor airman EFFECTIVE DATE viiduckey3 APPSC✓rT AS inr'r-22 / � :37 �: �o 4 uNry '•. 'J`4JMCUp�c9'Ss Y • yo'• :'tom y } 90F co..„.Fv ;Danny IL. 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 December 30, 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Fl. 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Monroe County Ordinance No. 041-1994 amending Section 6 of Ordinance No. 005-1992 (The Duck Key Security District Ordinance) in order to provide that only one residential assessment may be made under certain conditions when one residence occupies a multiple lot site; 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 December 14, 1994. Please file:for record. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Ruth Ann Jantzen Dep y Cler cc: Municipal Code Corporation County Attorney File County Commissioners Tax Collector County Administrator Property Appraiser n • n. B SENDER: y • Complete items 1 and/or 2 for additional services. I also wish to receive the 0 • Complete items 3,and 4a&b. following services (for an extra 0 2 • Print your name and address on the reverse of this form so that we can Coreturn this card to you. fee): mdoes • Attachnot this formpermit. 1. El Addressee's Address ym to the front of the mailpiece,or on the back if space • Write"Return Receipt Requested"on the mailpiece below the article number. *.' " • The Return Receipt will show to whom the article was delivered and the date 2 ❑ Restricted Delivery cy delivered. Consult postmaster for fee. m 3. Article Addressed to: 4a. Article Number cc aa) MUNICIPAL CODE CORPORATION Z 009 995 515 E E P.0 BOX 2235 4b. Service Type m B TAL/AHAS SEE, FL. 32316-2235 ❑ Registered CIInsured °C n XCertified ID c ) n ❑ Express Mail xSReturn Receipt for o • -IVIerchandise 041-1994/042-1994 7• te of Deliy, ry,1 0 E 5. Signature (Addressee) 8. A dresse's Address(Only if requested. and fee is paid) � co 6. SI r en H PS Form 3811, December 1991 . *u.s:oPd:1sea=as2-it4"'DOMESTIC RETURN RECEIPT r:. F.W,SENDER:' .� •y •• Complete items •1 and/or 2 for additional •services. I also wish to receive the m • Complete items 3,and 4a&b. following services (for an extra V • Print your name and address on the reverse of this form so that we can co return this card to you. fee): • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address m m h" does not permit. t • Write"Return Receipt Requested"on the mailpiece below the article number. G +• 2. ❑ Restricted Delivery• The Return Receipt will show to whom the article was delivered and the date G) c delivered. Consult postmaster for fee. y •v 3. Article Addressed to: 4a. Article Numbercc B. . LIZ CLOUD, CHIEF Z009 995 538 E m E BU EAU OF ADMIN.CODE & LAWS 4b. Service Type O D ARTMENT OF STATE ❑ Registered ❑ Insured y T E CAPITOL Certified CI c to C TALLAHASSEE, FL. 32301 ❑ Express Mail Return Receipt for Merchandise 7. Date of Delivery w a ORD. 041-1994 & 042-1994 0 cc 5. Signature (Addressee) 8. Addressee's Address (Only if requested Y M and fee is paid) y ui 6. Signature (Agent) H i yPS Form 3811, December 1991 ,w.s.GPo:1993--3s2-714 DOMESTIC RETURN RECEIPT , • • • MUNICIPAL CODE CORPORATION PO Box G s� —� T " K o.x 223� I v J��--- /vI.�.J.IOIISI�i�t < Tallahassee, r' 3,3,5.223E Q f*�;✓y a ! , JAN I I'95 �;r ti < ! Supplement E5 01/11/5 Pa METER PIN' P.B.ss7zaa ,IL • iNe have received the following material_. . Thank you for your assistance and cooperation. Ordinance Nos, 042-1994 and 041-1994. / Tr.' Ms. Ruth Ann ian.-e - Deputy Clerk Monroe County PO Box 1990 LL r �r0 Key Meet FL 330 1--9O0-262-CODE (National) LBO lid isfflifffiiiiiwklifsfiindlififiiffifiliffiffifliffiffiifi Cp„NEE TB.. FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee,Florida 32399-0250 (904)488-8427 January 6 , 1995 Honorable Danny L. Kolhage Clerk of. Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr . Kolhage : Pursuant to the provisions of Section 125 . 66 , Florida Statutes, this will acknowledge your letters of December 30 , 1994 and certified copy each of Monroe County Ordinance Nos . 041-1994 and 042-1994 , which were filed in this office on January 5, 1995 . For future use, our current address is : Department of State Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee, Florida 32399-0250 Sincerely, C'7' 1 - Liz Cloud, Chief Bureau of Administrative Code LC/mw ' ' ORDINANCE • ' ' 71'I • N• r717, '',HEREBY. 'GIVEN- TO. ' • .NHOM'IT MAY•CONCERN that on ' ^r' • ' Wednesday, September 21, 1994,.at j '''•1000am..at the Marathon Govern 1JJIcITIZEN missioners of Monroe Couhty; Flor , ida, intends to consider the adoption of the following County ordinance: Published Daily ORDINANCE NO:1994 . TAN ORDINANCE AMENDING iSEC ZS ey •West Monroe oe County FloridaI'J zda 3uv` � TION 6 OF ORDINANCE NO. 005 1992 (THE DUCK KEY SECURITY' DISTRICT ORDINANCE) IN ORDER TO PROVIDE 'THAT ONLY ONE' RESIDENTIAL ASSESSMENT MAY • BE MADE UNDER CERTAIN CON-FLORIDA DITIONS WHEN-ONE RESIDENCE- OCCUPIES A MULTIPLE LOT SITE; - 1V1QNROE PROVIDING, FOR SEVERABILITY; - PROVIDING FOR REPEAL OF ALL i ,. RandyErickson, r !� �' 1_ '1 •, : l./ ap a who an Oath ORDINANCES INCONSISTENT c.UtllCrli;• , ..0112.. 1. IBC^red ,fie uliccrsic;l,cd _ > • CORPORATIONOINTON_THE MON- IS Advertising Manager Cl The Key WeSt Citizen, a daily newspaperpublished. HEREWITH; ly ;�,.Ul: . ,ed ROE GOUNTY 'CODE; AND—PRO 11 1./iGill•Oe County, lCi•c•a; tha• ii:S -:t14CIiCO COi-y C: :lie CCVei;ISC!i1C'i;', ,Clii9 VIDING AN EFFECTIVE DATE.- ' _`suant to Section 286.0105, Flor- ', • ida Statutes, notice is given that if a q a ! person decided 'fo,appeal any deci- Of 4 to © lr��'�ccfit('' /-f - -r2 V N311' '7 yc- -f'on) 41 6 rO0 Y�'thG. • siomade by the-Bo m- ardewith respect. • to any matter considered at such hearing or meeting, he will need a q a. record of the proceedings, and that, • for such purpose,.he may need to en- , 1: sure that a verbatim• record•._of the CGUI '.':'CS published in said ne''vspa der in• the proceedings is made, which record Ec es the tesemony andia,ldenoe cf 6 4 _ /��4.r �4-� l qq y /�7 C. • 1 . . Copies of the above-referenced ordi- nance are available for review at.the • yaribue, lic ,inr. Monroe I• says ttha t ti ie salc ne Key 1i1'est Citizen is a ne1'dsoaper published c,'l Key dayTofAug August, 1994. Florida,.this ah • ion County, F icr;ca, ano than the said newspaper has heretofore been c DANNY•L.KOLHAGE bi : ';i^ 1e i-;OI!da eacil day (except Saturdays and Clerk of the Circuit Court %u,lslied in saidi. c; County, and.exofficioClerkiofthe �YS) and has been entered as second-class mail matter at the post office in of County Commissioners -• ;, , , ' ;r_• -I !;CXt DI'LCGdiilCi fife ill St. of Monroe County,Florida lid IV Orll•oe Count 1 :-iD,.'Ja, 'Cr a 1Ci•iC0 O1 1 ) CC August'29th&September 6th,-1-994. - t I�UUIiI c:ilUll til llle attached copy C+ adverliseme!1t; and a fliani further says 'hat ne has ^'• any ��� ^� ref�c:.te CClilill!sSI0i1 neither paid nor promised any person,firm or corporation ation and C., COuni, , intsd Cr refund for the purpose. of se ;i� l� thisadvertisement for publication he ai newspaper. • . — Z/Z4----1,_ ____-___ (Signature of Afiian) this f of Z ei-7��U , I9O.O1). Sworn to and subscribed before ..... day - -(__,,-„-(i r k • � --,-n�al�crL.t; IE� ( naiure •of Note Pu}biic` s4fpi..y�., 47. MY COMMi IOtd if CC 354124 *i Alltal :! , s[i,L �,- ,, EXPIRES:frtaref:2,1993 4,,p a•`. BondedTnrd tfotaiy Pdbt;c Und ue �' (Name of Notary Public) Expires: /�� Personally 1<n �',rn 1{' or Produced ldentificaiion Type of Identification Produced • • - ` • . . . . 74 tto,grofit SERVING THE UPPER KEYS DAGNY WOLFF FOR OVER 20 YEARS Editor&Publisher BOX 1197 • TAVERN I E R, FLA. 33070 (305) 852-3216 FAX 852-8249 PROOF OF PUBLICATION _-.. _,- --- - �---- n-- z > rn 73 c c�2' rn STATE OF FLORIDA ) r--,2: rri T, COUNTY OF MONROE ) t__ -- C r Before the undersigned authority personally appeared_DAGNY WOLFF —±J . , who on oath, says that she is EDITOR &PUBLISHER <`-- = of THE REPORTER, a weekly newspaper published at Tavernier,Monroe County,Florida: :- Iv 0 that the attached copy of advertisement,being a_LEGAL AD '� IN THE MATTER OF NOTICE OF INTENTIION IN THE Court, was published in said newspaper in the issues of 9/1/94&9/8/94_. Affiant further says that the said REPORTER is a newspaper published at Tavernier,in said Monroe County,Florida, and that the said newspai - NOTICE OF INTENTION TO CONSIDER heretofore been continuously published in the said Monroe County,FIC' ADOPTION OF COUNTY ORDINANCE , each week(on Thursday), and has been entered as second class mail ml NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN the Post Office in Tavernier,in said County of Monroe,Florida, for a p that on Wednesday,September 21,1994,at 10:00 A.M.at the Marathon one year next preceding the first publication of the attached copy of ad•. Government Center,2798Overseas Highway,Marathon,Monroe County, • Florida,the Board of County Commissioners of Monroe County,Florida, and affiant further says that he has neither paid nor promised any firm, intends to consider the adoption of the following County ordinance: corporation any discount,rebate, commission or refund for the purpose, - -ORDINANCE NO. 1994` ' I this said advertisement for publication in the said newspaper. 1 AN ORDINANCE AMENDING SECTION 6 OF ORDINANCE NO.005-1992(THE DUCK KEY SECURITY DISTRICT ORDINANCE) IN ORDER TO PROVIDE THAT ONLY ONE RESIDENTIAL ASSESS-I MENT MAY BE MADE UNDER CERTAIN CONDITIONS WHEN! ONE RESIDENCE OCCUPIES A MULTIPLE LOT SITE;PROVIDING , FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL ORDI- NANC'FS INCONSISTENT HEREWITH;PROVIDING FOR INCOR-I " PORATION INTO THE MONROE COUNTY CODE;AND PROVID-1 SWORN TO AND SUBSCRIBED BEFORE ME THIS ING AN EI-VECTIVE DATE. 1 _SEPTEMBER_A.D.,1994_ Pursuant to Section 286.0105,Florida Statutes,notice is given that if —8TH_DAY OF ,'a person decided to appeal any decision made by the Boat(d with respect to any matter considered at such hearing or meeting,he wi0 need a record of, the proceedings,and that,for such purpose,he may vied to ensure that a 1 verbatim record of the proceedings is made,which-ecord includes the i ______,L,„4„,e,t_._,..- a testimony and evidence upon which the appeal is to be based. : - Copies of the above-referenced ordinance are available for review at I NOTARY PUBLIC the various public libraries in Monroe County,Florida. . ' DATED at Key West,Florida,this 26th day of August,1994. . OFFICIAL NOTARY SEAL I. DANNY L.KOLHAGE, MY COMMISSION EXPIRE': CAROL E DOUil1ZIrS N FLORIDA' Clerk of the Circuit Court and ex officio Clerk of the COMMISSION NO.CC290915 p ---. _ MY COMMISSION EXP. UNE 2,1997 Board of County Comnssioners:. of Monroe County,Florida . Published:9/l and 9/8/94 - - 6 -The Reporter_ . - - Tavernier,FL 33070 - - - . • PROW;OF PUBLICATION THE FLORIDA KEYS KEYNOTER - . - Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA -1, • o . -- z > rn STATE OF FLORIDA ) Imo . COUNTY OF MONROE) o ,, Cc:• N � n ' T Frl •( —+ Tom Tuell �— -: Before the undersigned authority personally appeared rt wh:o on n\th, saes that he/she 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 Ordinance IN THE MATTER OF: Amending Section 6 Of Ordinance No. 005-1992 in the • COurt was published in said newspaper in the issues of August 31 & September 7, 1994 Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper i no::91.694oO at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- NOTICE(*INTENTION TO CONSIDER ADOPTION 1 paper has heretofore been continuously published in said MONROE COUN- TILEC IS HEREBYTY ORDINANCEGIVEN NOTICE IS TO WHOM IT MAY CONCERN that, TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been on Wednesdayy september 21, , 1994,at 1 O:OO�A.M.,at the-Mar- athon Government Center,2798 entered as second class mail matter at the post office in MARATHON, in Overseas Highway Marathon, Monroe County, Florida, the said MONROE COUNTY, FLORIDA, for a period of one year next preceding Board Monrae'Co nttty.Commissioners in- tends to considerthe adoption of the following County ordinance: the first publication of the attached copy of advertisement; and affiant fur- oRoiNANCENo. ,sea ther says that he has neither paid nor promised any person, firm, or corpo- • - AN-"ORDINANCE AMENDING I- SECTION:6-0E ORDINANCE NO.1 '006-1992(THE DUCK KEY SE- ration any discount, rebate, commission or refund for the purpose of secur- CURITY-DISTRICT ORDINANCE IN ORDER-TO-PROVIDE THAT- ONLY- ONE,RESIDENTIAL ingAS- this advertisement forpublication in the said newspaper.(SEAL) SESSMENT'MAY BE MADE UN-+ ' DER CERTAIN CONDITIONS WHEN ONE RESIDENCE OCCU-i i PIES A MULTIPLE'LOT SITE; ' PROVIDING FOR SEVERABILI-i TY;PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSIS-1 .TENT'HEREWITH" PROVIDING FOR -INCORPORATION INTO THE MONROE•-COUNTY CODE- ' AND PROVIDING AN EFFECTIVE' DATE. '— .. ....' ..: 1 . ,- - . - _ •- Pursuant-to"Section 286.01 O6, ` theta if a personSptaarrg sdecided tos appe I MARY LOU SOL.BERGER ' any decision made by the oard with respect to any matter con- sidered at such hearings or meet- �MyComm m bp. 8/1�{ ••�11CC ings,he will need a record of the I �/JV proceedings, and that, for such (seal) A7l3TAP.Y ha may need to ensure Cef •.( ( ��{{ 1 that purpose.he record of the pro- ..,..., a Plit'3l.lC U, �11+�L'`.+ By ��f�'�C� Ins ceedings is made,which record :-` 1 �n _ includes the testimony and evi- ¢ +�- �� ����� do be beeped which the appeal is �O F 0: j Pti.v. ii l�.,ovn 'g()NFU. Co ies of the above-referenced SWORN TO AND SUBSCRIBED BEFORE ME THIS 9th 84cha"enous ails ellbr revs n .1 Monroe County,Florida. DATED at Key West,Florida,this i 26th day of August,1994. • i DANNY L..KOLHAGE " Clerk of the Circuit Court DAY F ___September A.D. 19 94 Board of Con Commissioners io ' of Mgonroe County,Florida . Publish:September 3u 1 994 Florida Keys Keynoter • i. • t.-0401kg.a FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee,Florida 32399-0250 (904)488-8427 January 6 , 1995 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr. Kolhage : Pursuant to the provisions of Section 125 . 66 , Florida Statutes, this will acknowledge your letters of December 30 , 1994 and certified copy each of Monroe County Ordinance Nos . 041-1994 and 042-1994 , which were filed in this office on January 5, 1995 . For future use, our current address is : Department of State Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee, Florida 32399-0250 Sincer ly, L15- " Liz Cloud, Chief Bureau of Administrative Code LC/mw