Ordinance 032A-1986
Monroe County Commission
ORDINANCE NO. 032A-1986
AN ORDINANCE AMENDING ARTICLE VII, DIVISION
1, SECTION 2-297(A) AND ADDING SUBSECTION
(D), MONROE COUNTY CODE, TO PROVIDE THAT THE
ADDITIONAL TOURIST DEVELOPMENT TAX IMPOSED BY
FLORIDA STATUTES, SECTION l25.0l04(3)(d)
(1986), SHALL BE LEVIED AND COLLECTED WITHIN
THE CITY OF KEY WEST, FLORIDA; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
MONROE COUNTY CODE OF ORDINANCES; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature has enacted amendments to the
tourist development tax enabling act which authorizes imposition
and collection of an additional 1 percent of each dollar above
the tax rate within a county or subcounty area upon which the tax
has been previously imposed for at least three years in the City
of Key West, Florida, and
WHEREAS, the statute, as amended, authorizes the Board of
County Commissioners of Monroe County, Florida, by extraordinary
vote, to impose an additional 1 percent tourist development tax
within the City of Key West, Florida, and
WHEREAS, the additional tax collected is limited to use to
promote the City of Key West, Florida, as a tourist attraction,
and
WHEREAS, the statute prohibits imposition of the additional
tax in county areas whereupon such taxes have not been imposed
and collected for a minimum of three years in the City of Key
West, Florida, prior to the effective date of the levy and
imposition of the additional tax, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Subsection (A) of Section 2-297 of the Monroe
County Code is hereby amended as follows:
"Sec. 2-297. Levy and imposition of tourist development
tax.
(A) There shall be levied and imposed throughout the
City of Key West, Florida, a tourist development tax at
a rate of three (3) percent of each whole and major
fraction of each dollar of the total rental charged
every person who rents, leases or lets for
consideration any living quarters or accommodations in
any hotel, apartment hotel, motel, resort motel, apart-
ment motel, rooming house, tourist or trailer camp or
condominium for a term of six (6) months or less. When
receipt of consideration is by way of property other
than money, the tax shall be levied and imposed on the
fair market value of such nonmonetary considerations."
Section 2. Section 2-297 of the Monroe County Code is
hereby amended by the addition of subsection (D) to read as
follows:
"(D) The funds received shall be expended as follows:
1. Beach improvement, maintenance, renourishment,
restoration and erosion control for areas within the
City of Key West, Florida; provided that this
subsection shall only apply to funds collected during
the first year of the existence of the tax and provided
that no funds shall be expended under this subsection
until the City of Key West, Florida, has provided a
plan for the purposes described supra which is
acceptable to all agencies with jurisdiction over the
plan subject metter.
2. Upon the expiration of the one year described in
subsection 1, above, the promotion of the City of Key
West, Florida, as a tourist attraction."
Section 3. 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 4. The provisions of this Ordinance shall be
included and incorporated into 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. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
any such conflict.
2
Section 6.
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, by the following vote:
Commissioner John Stormont
Afj~*~
~
Yl!.~
k
~
Mayor Wilhelmina Harvey
Mayor Pro Tem Alison Fahrer
Commissioner Wm. Billy Freeman
Commissioner Edwin O. Swift, III
at a regular meeting of said Board held on the 3rd day of
October, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
. A ~_
\.k) . l\ ~~.-J ~- ...~.. - - " '\
MAYOR/CHAIRMAN
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
~~4P~
PASSED AND ADOPTED: /IJ - ~3 - 75(,
FILED WITH SECRETARY OF STATE: /t)- / /. f" t
EFFECTIVE DATE:
lo~ ( lo - R"lo
,APPROVED AS TO FORM
AND LEGA SUr-FIe/liNer,
3
PROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF MONROE )
Before the undersigned authority personally appeared CHARLOTTE SIKORA , who on oath, says
that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
NOTICE OF INTENTION TO CONSIDER
Monroe County, Florida; that the attached copy of advertisement, being a
IN THE MATTER OF AMENDING SECTION 2-297 in_the--
L Court, was published in said
newspaper in the issues of THURSDAYS , SEPT. 4 , 11 , 1986
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- INPTOENTIONTO
CONSIDER ADOPTION
OF COUNTY-ORDINANCE
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously I NOTICE
WHOM IT MAY ON LIVEN
that on Friday-September 19,
published in said Monroe County, Florida, each week (on Thursday) and has been entered as second 1986, at.3;00 P.M. in Courtroom
B' S00%Whilehead Street,'Key
West1 1tMenroe County, Florida,
.the Board('.of County Commis-
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one sioners;ofiMonroe County,Flori-
da,intends,to consider the adop-
tion ofthe'followineFCounty Ordi-
nance,,It
year next preceding the first publication of the attached copy of advertisement; and affiant further
ORDINANCE
NO ?1986
says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, corn- AN oRDINA'CE AMEND—
LNG AR:1-11CLE.,VIi, DIVI-
SION..,;l SECTION 2c297(A)
AND ApDINGSUBSEC-
mission or refund for the purpose of securing this advertisement for publication in the said newspaper. TIONIO'D)?'+s MONROE
COUNM CODE To.PRO-
VIDE*�THAT416 THE=.AD.DI-
''i. TIONAL TOURIST DEVEL-
OPME NT,**TA XV IMPOS E D
- __ - BYN*FLORIDA STATUTES,
SECTION
- - _ • / ;.. i/ r - 125LECTE -.WITHI SHALL
_ S�`Js✓'/`¢/� BE LEVIED AND COL-
- - �� CITY Ofc-'WITHIN THE
_ CITY:4%0W KEY WEST,
(SEAL). I FLORIDA; PROVIDING
i 'FOR_ SEVERABILITY;
-_ - - - PROVIDING FOR INCLU-
- SION IN THE MONROE
-COUNTY CODE OF ORDI-
- SWORN TO ANDS SCRIB BEFORE ME THIS // •
THERI'PERAOLOFIAGLO FOR
-
/ DINANCES OR PARTS OF
DAY OF / A 19 FLICT ORDINANCESI THIS ORDI-
NANCE; AND-PROVIDING
FOR AN EFFECTIVE
DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is given
that if a person decided to ap-
peal any decision made by the
NOTARY O IC STATE Gf FLORIDA Board with respect to any mat-
ter considered at such hearings
NY CONNI ION EXP. AUG 14,1988 -or meetings,he will need a rec-
ord of the proceedings,and that
BONDED MU GENERAL IRS. t}ND, for such purpose, he may need
to ensure that a verbatim record
of the proceedings is made,
which record Includes the testi-
mony and evidence upon which
the appeal is to be based.
DATED at'Key West, Florida,
this 26th day of August, A.D.
1986
- DANNY L.KOLHAGE
Clerk of the Circuit Court
of Monroe County,Florida
an ex officio Clerk of the
• Board County Commissioners
of Monroe County,Florida
Publish:Sept.4,11,1986•
Florida Keys Keynoter
•
•
THE KEY WEST CITIZEN .
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA)
ss.
COUNTY OF MONROE)
Before the undersiged authority personally appeared
-0QS\ ;,&d" , who on oath says that he is
0: CO,Q��„ ` (`CIii of the Key West Citizen, a daily news-
.,
paper published at Key West in Monroe County, Florida; that the -
attathed copy of advertisement, being a r-SIDE -
NOTICE OF INTENTION Tof;oN-
ADOPTION OF COUNTY OR
,�L DINANCE F 1
�� NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Friday,September 19,1986 at 3:00 P.M. '
in Courtroom ."B", 500 Whitehead
in the matter of Street, Key west, Monroe County, '
Florida, the Board of County Corn-
missioners of Monroe CoUnty,oFlarlda,
n`1 �, intends to consider the adoption of the '
CIA—\( JC..Q following County ordinance:
ORDINANCE NO. 1986 '
1 V 1 G - . l ��iLy..._
�-2 Zq-7 ib) 1 T AN CLERVII, DIVISION SION AMENDINGCE SECION 2- '
297(A) AND ADDING SUBSECTION
(D), MONROE COUNTY CODE, TO
PROVIDE THAT THE ADDITIONAL
TOURIST DEVELOPMENT TAX
I IMPOSED BY FLORIDA STATUTES,
I SECTION 125.0104(3)(d) (1986), ,
was published in said newspaper in the is! COLLECTED WITHIN TINE CITY I
KEY WEST, FLORIDA; PROVIDING '
CIAA)61),, A—
C( 6 FOR SEVERABILITY PROVIDING
Z�1 I COUNTY FOR INCLUSION
ORDIN THE NANCES
p PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF
Affiant further says that the said T! ORDINANCES IN CONFLICT WITH ;
a newspaperpublished at KeyWest, in sail THIs ORDINANCE] AND Ida,
PROVIDING FOR AN EFFECTIVE
DATE.
and that the said newspaper has heretofore Pursuant to Scetion 286.0105,Florida !,b
lished in said Monroe County, Florida, ea; Statutes,noticeisgiventhafifapenon tys)
• and has been entered as second class mail' bycith� woapr9evi,ifn respnSt tomeny :f ice
in Key West, in said Monroe County, Flori, matter considered ptsuch nearinggaor le
meetings,he will need a record of the
year next preceeding the first publicati!, proceedings,y nd t to' for suc hp a )y
of advertisement; and affiant further say verbatim record of the proceedings Is ;paid
made, which record includes the lie
nor promised any person, firm or corporat testomonrofld-evideiteoponwnl�hthe
apPeal is to be based. ;men t
commission or refund for the purpose of s, DATED at Key west, Florida, this
46fh day of August,A.D.1986.
for publication in the said newspaper. i DANNY L.KOLHAGE
frouty,it oMonoe of the
ny Florida
and exofficibClerkofthe '
,r Board of County Commissioners
-
of Monroe County,Florida
-
- (SEAL)___, - I Aug.29,Sept.12,1906 .
SWORN-AND SUBSCRIBED efore me this / daof4r,
j
COMMISSION EXPIRES:
NOTA PUB •
PROOF OF PUBLICATION
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authGrity personally appeared
, who on oath, says that he is
of THE REPORTER, a weekly newspaper published at Tavernier,
that the attached copy of advertisement, being a
IlAGNV \1lllFF
ED J'J'(R & PlIBLI SliER
Monroe County, Florida;
LEGAL NlTICE
IN THE MATTER OF
in the
l<<1TICE OF INTENTICJI TO CONSIDER
Court, was published in said
issues of ~ & 11~
newspaper in the
Affiant further says that the said REPORTER is a
newspaper published 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 neWSP,aper. 46' , i
q)r;fYf 11)_____
SEAL .
,:' !
SWORN TO AND SUBSCRIBED BEFORE ME THIS
11TH
(
DAY OF
MY COMMISSION EXPIRES,
RY PUBLIC
NOTARY J5UBm: ~TATE OF A..O~I)~
MY. (:qN.N,ISSIOt,l fXm:~S Mil. 2 1987
JQ~Jl:l&\J..~I::ifRtJ. lliSU~ UNO. "
•
17.---_ —' _ NOTICE OF INTENTION TO CONSIDER A
. ADOPTION OF COUNTY ORDINANCE
i• NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday,
September 19,1986 at 3;00 P.M.in Courtroom',IS,"500 Whitehead Street,Key
._ _ . West,Monroe County,Florida,the Board of County Commissioners of Monroe
•
County, Florida, intends to consider.the adoption of the following County
orainance: - -
• -ORDINANCE NO..-1986 .
t .
i AN 011DINANCE AMENDING ARTICLE VII, DIVISION 1, SECTION 2-
• 297(A) AND,ADDING_SUBSECTION (D), MONROE COUNTY CODE, TO
i PROVIDE THAT THE ADDITIONAL TOURIST DEVELOPMENT TAX
IMPOSED BY FLORIDA STATUTES,SECTION 125.0104(3xd)(1986),SHALL -
BE LEVIED AND COLLECTED WITHIN THE CITY OF KEY WEST,
FLORIDA; PROVIDING'FOR SEVERABILITY; PROVIDING FOR
1. INCLUSION IN THE MONROE COUNTY CODE OF.ORDINANCES;
'PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF -
• ORDINANCES IN CONFLICT WITH THIS ORDINANCE;AND PROVIDING
FOR AN EFFECTIVE DATE. - '
`I 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, f
r-.-rc: 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 I
the appeal is to be based. •
DATED at Key West,Florida,this 26th day of August,A.D.1986. - I
DANNY L.KOLHAGE
- . Clerk of the Circuit Court •`
i - 'of Monroe County,Florida ,
' - •and ex officio Clerk of the 1
Board of County Commissioners
of Monroe County,Florida
.,
Published:9/4&9/11/86 - -
. .The Reporter
_Tavernier,FL.330.70_ --- — --- "—
r
•
r:,.
I.
4J
•
•,• 1
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Friday, September 19, 1986 at 3:00 P.M. in Courtroom "B", 500
Whitehead Street, 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.
-1986
AN ORDINANCE AMENDING ARTICLE VII, DIVISION
1, SECTION 2-297(A) AND ADDING SUBSECTION
(D), MONROE COUNTY CODE, TO PROVIDE THAT THE
ADDITIONAL TOURIST DEVELOPMENT TAX IMPOSED BY
FLORIDA STATUTES, SECTION 125.0104(3)(d)
(1986), SHALL BE LEVIED AND COLLECTED WITHIN
THE CITY OF KEY WEST, FLORIDA; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
MONROE COUNTY CODE OF ORDINANCES; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND PROVIDING FOR 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.
DATED at Key West, Florida, this 26th day of August, A.D.
1986.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
J9annp I.. Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33060
TEL. {306) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
600 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. {306) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY. FLORIDA 33070
rL. {306) 862-9263
October 14, 1986
.
CERTIFIED MAIL
RETURN RECIEPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 032-1986 amending Article VII, Division I, Section
2-297(A) and adding Subsecction (D), Monroe County Code, to
provide that the addditional Tourist Development Tax imposed
by Florida Statutes, Section 125.0l04(3)(d) (1986), shall
be levied and collected within the City of Key West; etc.
This Ordinance was adopted by the Monroe County Board of
County Commissioners at a regular meeting in formal session
on October 3, 1986.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
"
By:
Rosal1.e L.
Deputy Cler
Enclosure
cc: Municipal Code Corporation
County Attorney
County Administrator
~nance Director
v-Fi Ie
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1
•SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4.
Put your address in the"RETURN TO"space on the reverse side.Failure to do this will prevent this
card from bein returned to you.The return receipt fee will pro ids you tie name of the person
deli to en r 4 (ci very.For additional fees the following services are available.Consult
pos ester for ees and-Meek boxlles)for additional service(s)requested.
1. 0 Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery.
j 3.Article Addressed to: 4.Article Number
Mrs. Liz Cloud, Chief P 333 987 258
Bureau of Admin. Code & Laws L Type of Service:
Department of State egistered 0 Insured
ertified I•-►COD i
The Capitol Express Mail
Tallahassee, FL 32301
111
Always obtain signature of addressee or 1
a dggTE DELIVERED. --_
5.Signature—Addressee dd s Address(ONLY if i,
X 4't , p q d d fee paid) Y�8.Si ent. t-.1 c§ �
PS Form 38 ,Feb.1986 DOMESTIC RETURN RECEIPT
PS Form 3800, June 1985 *U.S.G.P.O.1985.480.794
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J9ann!, 1.. ltolbagr
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O, BOX 379
PLANTATION K~Y, FWRIDA 33070
TEL. (305) 852-9253
October 15, 1986
CERTIFIED MAIL
RETURN RECIEPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Reference is made to my telephone call to your
office this morning regarding the incorrect numbering of an
Ordinance. On October 14th, we filed with your office
Ordinance No. 032-1986 pertaining to the Tourist Development
Tax to be levied and collected within the City of Key West.
As I advised your office this morning, this Ordinance should
be numbered 032A-1986 and I am enclosing a certified copy of
the Ordinance with the correct numbering to be filed for
record.
Thank you for your assistance in this matter.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board 0 ounty ommissioners
By: ,
Rosall.e L.
Deputy Clerk
Enclosure
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fl -p ~3 ~ ci ~~1 cQ'5'6'
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•SENDER:Complete items 1 and 2 when additional services err desired,and complet items 3-'nd 4.)
" ' i Put your address in the"RETURN TO"spa.-:a on the r.. s7,e sic.-. iiL. to:.rn tit!,wi.i prever -..:.
card from being returned to you.The return receipt fee IN-'pro'.'...;•-•you the name of the person
delivered to and the date of delivery. For additional fees the following services are available.Consult
postmaster for fees and check box(es)for additions:service(s) requested.
1. 0 Show to whom delivered,date,and addressee's address. 2. 0 Restricted Delivery.
3.Article Addressed"to: 4.Article Number l
Mrs. Liz Cloud, Chief p 333 985.. 253
Bureau of Admin. Code & Laws Type of Service:
Dept. of State ❑ Registered ❑ Insured
• The Capitol "` 4Certified 0 COD
Tallahassee, FL 32301
Express Mail
Always obtain signature of addressee or
agent and DATE DELIVERED.
5.Signature—Addressee 8.Address r -sONLY if
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6.Signature—Ag-I 1l i -i, et,��e.'
7.Date of Delive 3\ VA
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PSG�Form 3811,Feb.1986 v dehitt tip TURN�REdEIPT
PS Form 3800, June 1985 *U.S.G.P.O.1985.480-794
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FLORIDA DEPARfMENT OF STATE
George Firestone
Secretary of State
October 17, 1986
Honorable Danny L. Ko1hage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie R. Connolly, Deputy Clerk
Dear Mr. Ko1hage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of 1etter/s of October 14, 1qRfi
and certified copy/ies of _ Mon~o~
County Ordinance(s)_ *86-32-A. 86-33, R6-~4, &
86-35
2. Receipt of Monroe (Rfi-~7) County Ordinance (s)
relative to: additional Tourist Dev. Tax
(a) *has been numbered 86-32-A by Long Distance r.aI1
(which we have numbered 86 32 A) from Deputy Clerk
- - 10/16/86
(b)
which we have numbered
3. We have filed thi~ithese Ordinance(s) in this office
on October 16, 1986.
4. The original/duplicate copy/ies showing the filing d4te
is/are being returned for your records.
Cordially,
~~~
(Mrs.) Liz Cloud, Chief
Bureau of Administrative Code
Le/ mb
El-QRlDl\~_s~ie Qfrfj~j\rl:S