Ordinance 032-1987
Mike Puto
County Commissioner -
District 4
ORDINANCE NO. 032 -1987
AN ORDINANCE OF THE COUNTY OF MONROE, FLORI-
DA, PROVIDING FOR THE CREATION OF AN ADVISORY
AUTHORITY, PROVIDING FOR MEMBERSHIP AND
QUALIFICATIONS ON SUCH AUTHORITY; PROYIDING
FOR THE ORGANIZATION OF THE AUTHORITY;
PROVIDING FOR THE FUNCTIONS OF SAID AUTHORI-
TY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES IN CONFLICT HERE-
WITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Florida Statutes, Section 125.01(1)(2) gives the
Board of County Commissioners of Monroe County, Florida the power
to perform any acts not inconsistent with law which are in the
common interest of the people of the County, and exercise all
powers and privileges not specifically prohibited by law.
WHEREAS, it is the purpose of this ordinance to establish a
Pigeon Key Advisory Authority, to govern Pigeon Key. Said Key is
within the boundaries of Monroe County, Florida and is situate
under the Old Seven Mile Bridge, between mile marker 44 and mile
marker 45, now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA as follows:
Section 1.
There is hereby created a Pigeon Key Advisory
Authority with the following powers and purposes.
Section 2.
It is hereby declared that the purpose and
intent of the Board of County Commissioners is to create and
establish a Pigeon Key Advisory Authority to manage Pigeon Key.
Said Advisory Authority shall also act as the governing body for
Pigeon Key and to perform other various functions permitted by
law.
Section 3.
(A) The Pigeon Key Advisory Authority shall
consist of eleven (11) members, one of each whom shall be as
follows: President (or designee) of the Greater Marathon Chamber
of Commerce, President (or designee) of the Florida Keys
Environment, Inc., President (or designee) of the Marathon garden
Club, Member of the Florida Keys Community College Board of
Trustees from the Middle Keys, Representative from Florida Keys
Historic Preservation Board (from the Middle Keys),
Representative from Artists Guild (from the Middle Keys),
President (or designee) of Marathon Jaycees, President (or
designee) of Marathon Business and Professional Women's
Association, Mayor of City of Key Colony Beach, Tourist
Development Council Advisory Committee Chairman for District 3,
and Monroe County Commissioner of District 4. Each member of
said authority shall be a resident and elector of Monroe County,
Florida.
(B) The following shall be ex officio
members of the Board without a power of voting: State
Representative from District 120, State Senator from District 39,
United States Congressional Representative, Mayor of Monroe
County, and Former State Representative Joe Allen.
Terms of the members of this Board shall be staggered so as
to assure continuation of board activities, but in no event shall
a term be longer than 3 years.
Section 4. Any member of the Board who ceases to be a
qualified elector, resident, or who becomes a candidate for
public office, shall immediately forfeit his office (except mayor
or commissioner).
Section 5. The Advisory Authority shall elect a chairman
and such other officers as may be deemed necessary or desirable.
A majority vote of the quorum present at any meeting shall be
sufficient to enable taking any action. The Advisory Authority
shall meet monthly at a location accessible to the public. The
Board may further adopt such rules of procedure as it may deem
necessary.
Section 6. The Pigeon Key Advisory Authority shall have
the following responsibilities: serve as Advisory body for
Pigeon Key, recommend contracts in behalf of Pigeon Key, conduct
feasibility studies for the use of Pigeon Key, formulate and
recommend to the Board of County Commissioners of Monroe County,
Florida plans and programs for Pigeon Key, and solicit and accept
funds from persons interested in the activities of the Advisory
2
Authority herein created so as to further the carrying out of
duties and activities of this Advisory Authority.
Section 7.
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 8.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 9.
The provision 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 10.
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 ~ day of
IIU5k~i
, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
Attest: DANNX L. KOLHAGE, Clerk
cl. ! /'Ii, L
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.cLERK
APPROVED AS TO FORM
AND LEGAl. SUFFICIENCY.
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Attorney's 0 cs
3
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, August 18, 1987 at 2:00 P.M. at 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.
-1987
AN ORDINANCE OF THE COUNTY OF MONROE, FLORI-
DA, PROVIDING FOR THE CREATION OF AN ADVISORY
AUTHORITY, PROVIDING FOR MEMBERSHIP AND
QUALIFICATIONS ON SUCH AUTHORITY; PROVIDING
FOR THE ORGANIZATION OF THE AUTHORITY;
PROVIDING FOR THE FUNCTIONS OF SAID FUNCTIONS
OF SAID AUTHORITY; PROVIDING FOR SEVERABILI-
TY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR INCORPORA-
TION INTO THE MONROE COUNTY CODE; AND PROVID-
ING 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.
Copies of the above ordinance are available for review at
the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 23rd day of July, 1987.
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)
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 S I K RO A , who on oath, says
that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy'of advertisement, being a NOTICE OF ORDINANCE
i
•IN THE MATTER OF :create- advisory authority in the
• Court, was published in said
newspaper in the issues of August 5 12 1987 . _ _ __
'• NOTICE OF
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- CONSIDERTADOPTTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
thon, in said Monroe County, Florida'and that the said newspaper has heretofore been continuously TO WHOM IT MAY CONCERN
that on Tuesday,August 18 19871
at 2:00 P.M.at Courtroom 5,.500
published in said Monroe County,Florida,'each' week'(on Thursday)and has been entered as second Monroe a Couniv t"Florida, the;
-Board of County Commissioners
of Monroe County, Florida, in-
class
mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one tends to consider_,the:adoption ot,
the following County Ordinance:
• ORDINANCE
;-year next- receding the first publication+,of the attached copy of advertisement; and affiant further NO -1987'
AN sORDINANCE OF"' THE
- COUNTY xOF MONROE,
says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, com- FLORIDA 'PROVIDING, ,FORT
THE CREATION OF-AN ADVI-
SORY:AUTHORITY, PROVID-I
ING FOR,MEMBERSHIP-AND
-mission-or refund for the purpose of-securing this advertisement for publication in the said newspaper. QUALIFICATIONS "iON. SUCH
AUTHORITY' '¢ _ PROVIDING
• _ FOR:THE•OFtGANIZATION OF
-- THE'-.AUTHORITY- PROVID-
-- ING-FOR,THE FUNCTIONS OF
SAID• FUNCTIONS OF SAID
AUTHORITY; PROVIDING
FOR,._SEVER ABILITY; PRO- `
.., Cry &_e
_-�� VIDING FOR REPEAL OF
�--- lae_
ALL CONFLI:OF ALLCT HEREWITH;ORDINANCES INS
PRO-;
(SEAL) - TION INTO RTHECMO ROE
' COUNTY CODE; AND.PRO�
VIDING FOR AN EFFECTIVE
DATE.
SWORN TO AND..SJIBSCRIBED B FORE ME THIS '7' - . Pursuant to Section 286.01053
/ l �l� f Florida Statutes, notice is given
DAY OF _i.-€ A.D. 19 • that if a person decided to ap-j
• peal any decision made by the
Board with respect to any mat-I
• /� // /s /J ter considered at such hearings
(l�.f?r/�t/"/// /!/"`O .,/ ) or meetings, he will need a rec-
''11-' '• i,./1_ I ord 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 testi-
- ',,AWRY PUBLIC'STATE'OF'FLORIDA . mono and evidence upon which
the appeal is to be based. 1
NY COMMISSION EXP. AUG 28,199D Copies of the above ordinance
-Cs _ are available for review at the
- •= :BONDED THRU GENERAL INS. UND. various public libraries in Mon,
.,7 = __ • DATED tat Florida.
Florida,
--- _ •• — this 23rd day of July,1987. {{
_ -- .; • 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
• Pu bli shA ug.5 12,1987
F loci d aKeys.key noter..;
. .
, 74 Rez.,76,
PROOF OF PUBLICATION
SERVING THE UPPER KEYS
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA ) •
COUNTY OF MONROE )
Before the undersigned authority personally appeared : AGNY WOLFF
who on oath, says that he is EDITOR a PUBLISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOTICE
IN THE MATTER OF •
Ne6T I CE OF i vapvi ipli TO CONSIDER
in the ourt, was pub is a - in said -
newspaper in the issues of 7..3(12 3-�6--R7 •
Affiant further says that the said REPORTER is a
newspaper published at Tavernier, in said Monroe Co ` - __.__-
( NOTICE OF INTENTION TO
Florida, and that the said newspaper has heretofore` - ' CONSIDER ADOPTION OF COUNTY ORDINANCE
continuously published in the said Monroe County, F NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that onTuesday,,
; August 18,1987 at 2:00 P.M.at Courtroom B,500 Whitehead Street,Key West,
each _week (on Thursday), and has been entered as SE Monroe County Florida,the Board of County Commissioners of Monroe County,
Florida,intends to consider'the adoption of the following County Ordinance:
class mail matter at the. Post Office in Tavernier, ! ORDINANCE NO. -1987
County of Monroe, Florida, for a period of one yeah AN ORDINANCE OF THE COUNTY OF MONROE,FLORIDA,PROVIDING
ING FOR
preceding the first publication of the attached co) . MEMTHE
RSx PATANDION OQF UA ADVISORY
F CATIONS ONORSU H-AUTHORITY;
PROVIDING FOR THE ORGANIZATION OF THE AUTHORITY;PROVIDING
advertisement; and affiant further says that he ha?
FOR THE FUNCTIONS OF SAID FUNCTIONS OF SAID AUTHORITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
paid nor promised any firm, person, or corporation ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
o INCORPORATION INTO THE MONROE COUNTY CODE;AND PROVIDING
discount, rebate, commission or refund for the pur' FOR ANEFFICTIVEDATE. .
securing this said advertisement for publication ii Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person
decided to appeal any decision made by the Board with'resp_eet.to any matter
said newspaper. 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 testimon$y.and evidence upon which
ii., / thCi appeal isto - based.
/ Copies of the-above ordinance are available for review at_the various public
/ libraries in Monroe County,Florida:
SEAL f DATED at Key West,Florida,this 23rd day of July,1987.- •
SWORN TO AND SUBSCR ED BEFORE'_Mt THIS 6TH 1 • DANNYL.KOLHAGE
Clerk of the Circuit Court.
- of Monroe County,Florida.
DAY OF UCUST A.D.7'19 • - and ex officio Clerk of the
B_o_a_rd of County Commissioners
�� of Monroe County,Florida
Published:7/30,8/6/87
N ciTAR y;PUEEEFG,_.._.__.7___..—.._. .- The Reporter
- q :Tavernier,FL 33070 , "
NOTARY PUBLIC STATE--OF�F e LORIDA• r -
MY COMMISSION EXPIRES: MY'N'an'cclnpl C;:P-„RlNZ--2,'C9' ;
BONDED IH .GENERAL'IPJS. UFJO. IL_ ,_.-, -- ---- --- —
•
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
j,E-5 ,_ (242(Sol) , who on oath says that he is
4Ml U- w-1 6-4`Ik`1 C.-L=7Z of the Key West Citizen, a daily news-
paper published at Key West in Monroe County, Florida; that the
attached copy of advertisement, being a '
Lc' CAL 0o-0 Ce-- - NOTINSIDER TENTION
TO CONSIDER ADOPTION
r OFCOUNTYORDINANCE
j „ • NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on '
in the matter of ; , Tuesday, August 18, 1987 at 2.00 ;
P.M.at Courtroom B,500 Whitehead
(�cie prs1 6 ( 1 km �t 1l1 1a I Street, Key.West; Monroe County,
C( 1,AS De�2 A-06 O1. b F CO, 6 (.D I ICJ I�-!JC Florida, the: Board- of County.
Commissioners of Monroe County,
Florida, intends to consider the
C Ep-+�-t bti J p F f��j I� p lSbi2�1 adoption of .the following County
• Ordinance.:
ORDINANCE NO. -1987 ' "
k AN ORDINANCE OF -THE
COUNTY OF MONROE; FLORIDA,•
• PROVIDING FOR THE CREATION
r OF AN ADVISORY AUTHORITY;
was published in said newspaper in the issues( of,, PROVIDING
FOR ME/oN SNG I
�lU Ly d--7 � U 6 • 3) l /Q 1 THE.1111.DH ORGANIZATION IOF THE
AUTHORITY; PROVIDING FOR
i THE FUNCTIONS OF SAID
Affiant further says that the said The Key AUT�IORiTY;s PRIVOI, - SFOR
a newspaper published at Key West, in said Monrc gEVERABILITY; PROVIDING
and that the said newspaper has heretofore been . D°NANRCESALINOFcOALL.NFI_ICT
lished in said Monroe County, Florida, each dayl HEREWITH; PROVIDING FOR
and has been entered as second class mail matte;' INCORPQRATION INTO TIDE'
MONROE COUNTY CODE; AND
in Key West, in said Monroe County, Florida, fO - PROVIDING-FO.R--AN-EFFECTIiIE
year next preceedingthe firstpublication of ) DATE.
Pursuant to Section 286 0105,
of advertisement; and of f iant further says that Florida Statutes,notice is given that
• nor promised , any person, firm or corporation an if a person decided to appeal any
P Y P decision made by the Board with
commission or refund for the purpose of Securlr, respect to any matter considered at
for publication in the said newspaper. • 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
S
and evidence upon which the appeal.
'j _ i •is to be based.
- - . _ Copies„of the above ordinance are
- SWORN=AND_ SUBSCRIBED bef e me this day, available.for review at the various '
' 2 public. libraries in Monroe County,
t4 7 r Florida. Y
-� / COMMISS DATED at Ke West, Florida,this ;
NOTARYOJBLIC r 23rddayofJuly,1987•
DANNY L KOL C GE i
Clerk of the Circuit Court 1
M 'roty, l oridae.
of'and on ex officio Coun Clerk-of th
j Board of.Countye Commissioners
ME . •
__-
1
R • SENDER: Complete items 1,2,3 and 4. . P-6 2 5 807 184
-rt
..,0 Put your address in the"RETURN TO"space on the RECEIPT FOR CERTIFIED MAIL
reverse side.Failure toslo this will prevent this card from
NO INSURANCE COVERAGE PROVIDED
SR being returned to you.The return receipt fee will provide NOT FOR INTERNATIONAL MAIL
you the name of the person delivered to and the date of
...1 (See Reverse)
. delivery.For additional fees the following services are
ce available.Consult postmaster for fees and check box(es) 4.0 Sent to
Z. for service(s)requested. $ Mrs. Liz Cloud, Chief
E 1. 0 Show to whom,date and address of delivery. co Street and No.
a Bureau of Admin Code & Laws
2• El Restricted Delivery.
az. . a; P.O. State and ZIP Cod
':4 • , 1 :Tallanassee,
0 sL 32301
03
in 3. Article r?vddre_ssed to;
Mrs. Liz Cloud, Chief . D •Postage
Bureau of Admin Code and Laws . Certified Fee . ---:-• .
Departmerit of State' . 7-5
The Capitol Special Delivery Fee
Tallahassee, FL 32301
Restrict-
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4. Tvoeof Service: Article Number ' .4,4 VA.. ‘"`.
Retur.,,J pt showi i:,.. , 0>
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Always obtain signature of addressee or agem and z TOTlA -4.o e ando„FA) l S
DATE DELIVERED. v' . co
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• 5. Signature—Addressee .'-'. SU: I. -,s. 8 .PostAIrk orDate:—.--r--;-.—
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23 7. Date of Delive2 7 1987
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1 8. Addressees Address(ONLY if re414esteriiitichee paid) .
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•
Ulann!, 1... itolbage
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. (305) 852-9253
August 24, 1987
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. 032-1987 providing for the creation of a Pigeon Key
Advisory Authority; etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on August 18, 1987.
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
Enclosure
cc: Municipal Code Corp.
Commissioner E. Lytton
Commissioner M. Puto
County Attorney
Finance Director
File
p~ZS ~7 121
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of Stdle
Dorothy W. Joyce
Division Director
August 28, 1987
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
I
I
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letterjs of August 24, 1987
and certified copyjies of Monroe
County Ordinance(s) R7-7.Q) R7~~17 87-32 aRd S7 33
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
L"----
(b)
which we have numbered
3. We have filed ~ai&jthese ordinances in this office
on August 27, 1987.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records. f
/
~relY~
Liz CI ud, Chief .
Bureau of Administrative'Code
LC/ mb
C'
DIVISION OF ELECTIONS, Room 1801, The Capitol, Tallahassee, Florida 32301
(9Q4) 48S. 7690
'l.~"'; J.O,!
_',.V:',...'~. J
.).-;.:'(~~.:;:,.,r';'~~l'",,;.;,.:rs.>I!"'>" ,~II<<~,,,,,:"f.~PJif;"'''''' ,1'q,:';..;1i',......:.'-(,-..~,., ~t:~,
._.~._-_.._--_...__.~'-----.-
ACKNOWLEDGMENT
DATE:
TO:
September 1, 1987
lv'bnroe County, Florida
(Supplement No. 32)
We are in receipt of the following material which will be con-
sidered for Inclusion in the next Supplement to your Code:
Ordinance Nos.
030-87, 031-87, 032-87, 033-87
029--1987 '
Thank you for your assistance and cooperation.
!Z,.k:t f ~L
PI
.
, .
Robert L. Laslie
Vice President. Supplements
Municipal Code Corporation
. ,