Ordinance 006-1986
ORDINANCE NO. 006 -1986
AN ORDINANCE DECLARING A ONE HUNDRED TWENTY
DAY MORATORIUM ON NEW FRESHWATER WELLS IN A
CERTAIN SECTION OF THE UNINCORPORATED AREA OF
MONROE COUNTY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, certain areas af the Flarida Keys cantain a layer
af freshwater, knawn as a lens, flaating an the salt water belaw;
and
WHEREAS, the large transient papulatian accurs during the
dry seasan when the depth af the lens is the thinest; and
WHEREAS, the large dry seasan papulation utilizing fresh-
water fram wells plus plant nursery use of freshwater wells, if
increased further, will sa dissipate the freshwater lens that,
due to' the difference in densities between fresh and salt water,
the fresh water will be replaced by salt water, a pracess
cammanly knawn as intrusian; and
WHEREAS,
r
such salt water intrusian will des tray the
i
patability and usefulness af existing freshwater wells thereby
endangering the public health, safety and welfare af the peaple
af Manrae Caunty; and
WHEREAS, such salt water intrusian will result in a vast and
deleteriaus change to' the bialagical cammunities af the Flarida
Keys, many af which communi ties are rare ar endangered; naw,
therefare,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Sectian 1.
Fram 120 days fram the effective date af this
Ordinance nO' persan, real ar incarpareal, shall drill, dig ar
atherwise canstruct, nar shall the Caunty issue permits far, any
well drawing fram a freshwater lens in the unincarparated area af
Manrae Caunty cavering Big Pine Key, NO' Name Key and ather
identified pine land areas, excluding saltwater wells and drains
and fire wells accarding to' specificatians to' be determined by
the Building, Planning and Zaning Directar, and alsO' excluding
that portion of the County lying on the mainland of the Florida
peninsula.
Section 2.
The Director of Planning and Zoning or his
authorized designee is hereby directed to seek the assistance and
co-operation of the South Florida Water Management District in
drafting whatever ordinances or regulations that may be necessary
to ensure both the continued viability of the County's freshwater
lenses and allow for public use of those lenses consonant with
maintaining the long term health of said lenses.
Section 3.
This Ordinance shall not be incorporated into
the Monroe County Code.
Section 4.
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 5.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
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.
BOARD OW COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. ....~-
By ~ ~"'--~-'-'-- , ~'. \,.
, MAYOR/CHAIRMAN
(SEAL)
Attest :DANNX L. KOLHAGE, Clerk
,{jJ':1FWVED AS TO FOR!7,1'
,;e''ijUGAL SUPFI~IEN~') , 2
0:' '-j::;~.cC-~ ~. IAt!;J,L i
'....'n19v.s Office - - r 7 .
ADOPTED:
//
r/p.eIL
/ if: )7' grt:,
/
FILED WITH SECRETARY OF STATE:
.~;e/ t- /;{ 3: / j Fr:,
EFFECTIVE DATE:
-2-
....
.~.
i':1~~~j;'"'?'.: :'
..~ i.".
;.
.~ .
--- ._-
.-'- ;'!:'";4~":';~'-
nlannp 1.. Itolbagt
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 KEY, FLORIDA 33070
TEL. (3051 852-9253
April 23, 1986
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of state
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
i
At a regular meeting in formalli sess ion on Apr il 18,
1986, the Board of County Commissioners of Monroe County adopted
Ordinance No. 006-1986 declaring a one Ihundred twen,. ty day mora-
torium on new freshwater wells in a certain section of the unin-
corporated area of Monroe County. i
Enclosed please find a certifiled copy of this Ordinance.
Please file for record.
Very truly yours,
DannJ L. Kolhage
Cler~ of Circuit Court
and ~x officio Clerk
Board of County Commissioners
/) ,J, / ' ,)
by: ~'1~ ' /&
R salie L. onnolly
D~puty Clerk
Enclosure
cc: County Attorney
-- Bui.lding, Planning & zoning Direct!.or
~ile
P 333 987 208
i
I
~
"
•
D • SENDER: Complete items 1,2,3 and 4.
o Put your address in the"RETURN TO"space on the
3_,reverse side. Failure to do this will prevent this card from P 3 3 3 9 8 7 2 0 8
--being returned to you.The return receipt fee will provide
you the name of the person delivered to and the date of
• delivery.For additional fees the following services are RECEIPT FOR CERTIFIED MAIL
c available.Consult postmaster for fees and check boxes) j NO INSURANCE COVERAGE PROVIDED
.0 for service(s)requested. NOT FOR INTERNATIONAL MAIL
C▪O (See Reverse)
02 w 1. 0 Show to whom,date and address of delivery. v.
05 Sent to
2. 0 Restricted Delivery. i a Liz Cloud, Chief
`fin
Street and No.
a 3. Article Addressed to: Liz Cloud, Chief Dept. of State, The Capitol
O P.O..State and ZIP Code Cf'
Bureau of Admin. Codes & Laws a Tallahassee, FL 32301 H
Dept. of State, The Capitol c3. Postage S ..
Tallahassee, Florida 32301 ZZ
* Certified Fee
4. Type of Service: Article Number + I Special Delivery ( \\\ -
,1❑ Registered ❑ Insured P 333 987 208 ' ��'' w CD
Restricted Delver çed
Fli
-
❑ Certified ❑ COD �� N
❑ Express Mail
Return Receip i
to whom and D te� H
Always obtain signature of addressee or agent and I in r
DATE DELIVERED. I rn Return Receipt showsto
*- Date,and Address of •
ry 7
G,"o 5. Signature-Addressee I a,
O x = TOTAL Postage and Fees S
y 6. Signature A:1 1 t•licc.., 'm s}(° I o / a
-' �- w ! Postmark or Date
n X � OF--�` a fir-; "��-•
m7. Dat=of-Deliver Ala G7 E ..
ac
it
z a.'rA't M i�'e s" r
s Address(ONLY if equ' ( '' 8 pard)'. t I (1.12
T �"FS
m
ii
-1
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
April 29, 1986
Honorable Danny L. Ko1hage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Ko1hage:
Pursuant to the prOV1Slons of Section 125.66, Florida
Statutes, this will acknowledge:
1.
Receipt of 1etter/s of
and certified copy/ies of
County Ordinance(s)
April 2:1~ 19Rn
Monro~
Oril
Rn~n Rnil Rnw7, tog~Tn~r with
Rn_R
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed t~ls/these Ordinande(s) in this office
on Apri128, 1986.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
c~.~
(Mrs.) Liz Cloud, ChiJf
Bureau of Administratrve Code
LC/mb
FlDRIDA:Sfafe of the Arts
PROOF OF PUBLICATION
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authGrity personally appeared nAr,NY WOI FF
, who on oath, says that he is EDITOR & PUBLISHER
of THE REPORTER, a weekly newspaper published at Tave~r,Monroe Countl, Florida;
.' LEGAL NOTICt
that the attached copy of advertlsement, belng a
IN THE MATTER OF
in the
newspaper in the
NOTICE OF INTENTION TO CONSIDER
. Court, 5~aU~14~fo~86n said
lssues of
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 newspaper~
i .' ,/ '////
/... """,.. j//'/
/t//' 1..1 / -.----
, ~Al, .
c ! /
SWO~
"
/ ANoJ/~BSCR I BED BEFORE
, APR I L
DAY OF
ME THIS
1 OTH
86
MY COMMISSION
~
OTARY PUBLIC
'Jf'''''--' --
EXP I RES'; Ilb~R~ 1'UBfr~StAt'f75'frrnRT!5A
f/lY. MMISSION EXPIRES APR ? 10"/
BONDED TH~U CE';,' : !
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday,
April 18,1986 at 3:00 P.M.at the Marathon Sub-Courthouse,Marathon,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 DECLARING A ONE HUNDRED TWENTY DAY
MORATORIUM ON NEW FRESHWATER WELLS IN A CERTP IN SECTION
OF THE UNINCORPORATED AREA OF MONROE COUNTY; PROVIDING
FOR SEVERABILITY; 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 14th day of March,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
Published:3/20/86,4/10/86
The Reporter
Tavernier,FL 33070
c r
'" _�)
n>u.:
r,. C.,•
ca Le
r!.
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Friday, April 18, 1986 at 3:00 P.M. at the Marathon Sub-Court-
house, Marathon, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, ihtends to consider the
adoption of the following County ordinance:
ORDINANCE NO.
-1986
AN ORDINANCE DECLARING A ONE HUNDRED TWENTY
DAY MORATORIUM ON NEW FRESHWATER WELLS IN A
CERTAIN SECTION OF THE UNINCORPORATED AREA OF
MONROE COUNTY; PROVIDING FOR ~EVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLI(j;T 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 ary decision made by the
I
Board with respect to any matter considere~ 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 14th day of March, A.D.
1986.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monr'Oe County, Florida
and ex 'Officio Clerk of the
Board olf County Commissioners
of Monr'Oe County, Florida
(SEAL)