Resolution 057-1988
Land Authority
RESOLUTION NO.
057 -1988
A RESOLUTION REQUESTING THE MUNICIPAL CODE
CORPORATION TO INCORPORATE AND CODIFY INTO
THE MONROE COUNTY CODE OF ORDINANCES CERTAIN
ORDINANCES CREATING THE MONROE COUNTY LAND
AUTHORITY.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
The Municipal Code Corporation is hereby
directed to incorporate and codify into the Monroe County Code
the following Land Authority ordinances:
No. 031-1986
No. 041-1987
No. 048-1987
No. 053-1987
Copies of the above ordinances are attached to this Resolution
and incorporated by reference.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 2nd day of February, A.D., 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
o~
v--C-< ~/
By
Mayor a1.rman
~
(SEAL)
Attest : DANNY L. KOLHAGE, Clerk
'>~J~ ~':)UJV\ .1st
rk -/
RW / j h
APPi-70vr-",c) lIS ro FORM
AND LEGi1LS! :TrlCIEt'VC'l.
/~
BY'
\,"";';'
Monroe County Commission
ORDINAN~E NO. 031-1986
AN ORDINANCE ESTABLISHING A LAND ACQUISITION
PROGRAM IN MONROE COUNTY, FLORIDA; CREATING
AND EMPOWERING A LAND AUTHORITY; ESTABLISHING
AND EMPOWERING A LAND AUTHORITY ADVISORY
COMMITTEE; REQUIRING AN ANNUAL REPORT AND AN
INTERIM AND nNAL PLAN OF ACQUISITION;
PROVIDING FOR AN EXECUTIVE DIRECTOR;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF AU, ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has enacted
CS/CLS HB 1405 (hereinafter "the Land Authority Act") which
authorizes counties in which an Area of Critical State Concern is
located to create a land authority for the purpose of equitably
implementing comprehensive land use plans developed pursuant to
the Areas of Critical State Concern program; and
WHEREAS, the Legislature of the State of Florida has
appropriated $1,050,000 to be used by a land authority created by
Monroe County for land acquisition during Fiscal Year 1987; and
WHEREAS, the Legislature of the State of Florida has
appropriated $4,950,000 to used by a land authority created by
Monroe County for land acquisition during Fiscal Year 1988; and
WHEREAS, the acquisition of land for preservation, conserva-
tion, lot consolidation, the provision of affordable housing and
the reduction in the total number of dwelling units to be
developed in Monroe County is consistent with and in furtherance
of the Monroe County Comprehensive Plan; and
WHEREAS. the Monroe County Comprehensive Plan and Land
Development Regulations have been approved and will become
effective on or about September 15, 1986; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Title. This Ordinance may be referred to as the
Monroe County Comprehensive Plan Land Authority Ordinance.
Section 2.
Purpose. This Ordinance is adopted for the
purpose of establishing a land acquisition program in Monroe
~. .
~
County as a means of implementing the goals, policies and
objectives of the Monroe County Comprehensive Plan. including.
but not limited to:
a. the protection of property rights of small landowners;
b. the consolidation of substandard lots;
c. the provision of land for the development of affordable
housing;
d. the preservation of environmentally sensitive lands;
e. the preservation of the habitats of rare, threatened or
endangered species of plants and animals;
f. the enhancement of the community character of Monroe
County; and
g. the protection of open space, scenic corridors and
viewsheds.
Section 3. Land Authority Create~. There is hereby created
a Monroe County Comprehensive Plan Land Authority (hereinafter
"the Land Authority"). The Board of County Commissioners shall
be the governing body of the Land Authority. A Chairman and
Vice-Chairman shall be elected annually by the members of the
Land Authority.
Section 4. Powers of the Land Authority. The Land
Authority is hereby empowered:
a. to sue and he sued, to have a seal, to alter the
nam(> at its pleasure and to authorize the use of a facsimile
thereof;
b. to make and execute contracts and all other legal
instruments necessary or convenient to carry out the purposes of
this Ordinance and the Land Authority;
c. to undertake and carry out studies and analyses of
innovative Comprehensive Plan implementation techniques,
including acquisition of fee or less than fee interests in real
property;
d. to undertake and carry out studies and analyses of
the developability of land ttnder the Monroe County Comprehensive
Plan and Land Development Regulations;
e. to undertake and carry out studies and analyses of
the value of real property;
2
f. to acquL~e and dispose of real and personal
property or any interest or estate therein, including, but not
limited to, fee or less than fee interests such as easements,
life estates, development rights, leases, lease back arrangements
and options whenever necessary or convenient to carry out the
purposes of this Ordinance and the Land Authority Act by any
means, including, but not limited to, purchase, sale or exchange;
g. to borrow money by any lawful means including the
issuance of bonds for the purposes provided in this Ordinance and
in the Land Authority Act and to provide for and secure payment
therefor and to provide for the rights of the holders thereof;
h. to purchase ponds of the Land Authority out of any
funds or monies available to the Land Authority therefor and to
hold, cancel or resell such bonds,
i. to invest any funds held by the Land Authority not
required for immediate disbursement in such investments as may be
authorized for trust funds under section 215-47 of the Florida
Statutes (1985) and in any investment made on behalf of the Land
Authori ty by the State Board of Administration or by another
trustee appointed for the purpose;
j. to contract for and to accept in any form
whatsoever gifts, grants, loans or other aid and assistance from
the United States Government, the State of Florida, the South
Florida Regional Planning Council, Monroe County, or any other
person, association or corporation;
k. to insure and procure insurance against any loss
in connection with any action of the Land Authority including the
issuance of bonds and to pay premiums therefore,
1. to make such rules and regulations as are
necessary and convenient to carry out the purposes of this
Ordinance and the Land Authority pursuant to the provisions of
Chapter 120 of the Florida Statutes;
m. to employ personnel, including an
Director, as are necessary and convenient to carry
purposes of this Ordinance and the Land Authority;
Executive
out the
3
n. to t:Ut;Gt;C the services of private consultants on a
contract basis as is necessary and convenient to carry out the
purposes of this Ordinance;
o. to identify and propose for acquisition parcels of
land within Monroe County that are appropriate for acquisition by
the State of Florida with funds from the Conservation and
Recreation Land Trust Fund (CARL) or any other program of land
acquisition undertaken by any governmental agency; and
p. to do any and all things necessary or convenient
to carry out the purposes of this Ordinance or the Land
Authority.
Section ~. Mep.lin~s of the Land Authority.
a. Meetings. A meeting of the governing body of the
Land Authority shall be held upon the call of the Chairman or at
the request of three members of the Land Authority. All meetings
shall be open to the public and notice of such meetings shall be
given as required for meetings of the Board of County
Commissioners. At least one meeting shall be held quarterly.
b. Quorum and Voting. A majority of the governing
body of the Land Authority shall constitute a quorum; provided
however that no action shall he taken by an affirmative vote of
less than a majority of the total membership of the governing
body.
c. Expenses. Members of the Land Authority shall
receive no compensation for services, but shall be entitled to
necessary expenses including per diem and travel expenses
incurred in the discharge of official duties, as provided by law.
Section 6. Monroe CountY. Comprehensive Plan Land Authority
Advisory Committee Established. There is hereby created a Monroe
County Comprehensive Plan Land Authority Advisory Committee
(hereinafter the "Advisory Committee"). The Advisory Committee
5hall be comprised of five members appointed by the governing
body of the Land Authority. The members shall serve for 3 year
terms, exc~pt that the initial terms shall be staggered so that
the terms of no more than two members shall end in any single
year. The membership of the Advisory Committee shall include the
following:
4
a.
a
~t of the City of Key West if the
Referendum passes; it not, a representative of the business
community in Monroe County;
b. 11 resident of the Lower Keys as defined by the
Monroe County Comprehensive Plan;
c. a resident of the Middle Keys as defined by the
Monroe County Comprehensive Plan;
d. a resident of the Upper Keys as defined by the
Nonrol" County Comprehensive Plan;
e. a representative of a not-for-profit corporation
or association dedicated to the acquisition of land for
conservation and preservation purposes.
A sin~le member of the Advisory Committee may satisfy
more than one of the membership requirements. One member of the
Advisory Committee shall be elected as Chairman at the first
meeting held after January 1 of each year. No member shall serve
as Chairman for more than three consecutive terms. Any member
who shall miss four conse-::utive meetines shall be deemed to have
forfeited his or her membership and a new member shall be
appointed to serve out the balance of the disqualified member's
term.
SectiC?!LI.
Meetin~s and Actions of the Monroe County
Comprehensive Plan Land Authority Advisory Committee.
a.
Meetin~s.
Meetings
of
County
the
Monroe
Comprehensive Plan Land Authority Advisory Committee shall be
held at least monthly and at the call of the Chairman or upon the
request of three members of the Advisory Committee. All meetings
shall be open to the pub1i~ and notice of such meetings shall be
given as required for the meetings of the Board of County
Commissioners.
b.
A majority of the Advisory
Quorum and Votin~.
Committee shall constitute a quorum and the affirmative vote of a
majority of those members present shall be required to take
official action.
c. Expens~!!.. Members of the Land Authority Committee
shall receive no compensation for services, but shall be entitled
to necessary expenses including per diem and travel expenses
incurred in the discharge of official duties as' provided by law.
r;-
.1'
-,.
! ','
!>?,
"'.1
.
\..."
Section 8. ~~~ Duties and Responsibilities of the
Monroe County Comprehensive Plan Land Authority Advisory
Committee. The Advisory Committee shall establish, on or before
January 15 of each year, an identification and prioritization of
land acquisition for the Land Authority. The Advisory Committee
shall give priority according to the following:
a. priority shall be given to the acquisition of
parcels of land for which a qualified option was given to the
Land Authority prior to January 15, 1987 over all parcels of land
for which no such option was given. For the purposes of this
section, a qualified option shall mean:
(1) a bona fide, irrevocable offer to sell at a fixed
price for a period of at least one year;
(2) an offer to sell at no more than 115 percent of
the assessed value of the parcel of land according to the most
recent tax assessment prior to June I, 1986; and
(3) an offer containing an express request and
authorization to retain priority for the acquisition of the
parcel of land by renewing the option for an additional period of
at least one year.
b. priority sha'.l be given to parcels of land located
within designated Areas of Critical County Concern over all
parcels of land not located within an Area of Critical County
Concern; and
c. priority shall be given to parcels of land that
are located in areas that are served by inadequate or deficient
public services.
Section 9. Selection of Parcels of Land for Acquisition.
The Monroe County Comprehensive Plan Land Authority shall select
lands for acquisition by approving in whole or in part the list
of parcels identified and prioritized by the Advisory Committee.
The Land Authority shall have the authority to delete identified
parcels from the list complied by the Advisory Committee, but
shall have no authority to otherwise change the priority of
acquisition or to add parcels of land to the list for
acquisition. No property shall be acquired unless:
6
a. the acqu1sition is consistent with the Monroe
County Comprehensive Plan and Land Development Regulations I
b. the property to be acquired is within an area
designated as an Area of Critical State Concern at the time of
acquisitionl and
c. the property to be acquired has not, within 1 year
of and at the time of acquisition, been selected for purchase
through another local, regional, state or federal public land
acquisition program.
Section 10. Annual Report. The Land Authority shall,
within six months after the end of each fiscal year, prepare and
submit to the Governor and the presiding officers of each of the
Houses of the Legislature a complete and detailed report
describing:
a. the activities of the Land Authority during the
ended fiscal year including a list of parcels of land or other
interests acquired or soldl
b. an accounting of all receipts and expenditures of
the Land Authority during the ended fiscal yearl and
c. the Land Authority's assets and liabilities at the
end of the fiscal year and the status of funds, reserve, special
or other.
Section 11. Plan of Acquisition.
a. ~ithin six months after the effective date of this
Ordinance, the Land Authority, with the advice of the Advisory
Committee, shall prepare a Final Plan of Acquisition. The Final
Plan of Acquisition shall set forth the following:
(1) a comprehensive survey of all possible acquisi.
tions, including fee and less than fee acquisitions. The survey
shall be prepared in narrative and graphic form at a scale of not
less than one inch equals 200 feetl
(2) a decision making format for identifying the
priority of acquisitions I
(3) a budget and schedule for land acquisition,
including the issuance of bondsl
(4) a program of lot consolidation and resale
including:
7
(a) cut: lucation of appropriate lot consolidation
projects;
(b) the planning criteria to be employed in
reconfiguring the lots; and
(c) a resale program providing for bulk sale,
joint venture or individual lot sales;
(5) a program of investment for funds not needed for
immediate disbursement.
~ The Land Authority shall conduct a public hearing
on the Plan of Acquisition after publication of notice of the
hearing at least 15 days prior to the hearing.
c. The Final Plan of Acquisition shall be adopted no
later than 6 months after the effective date of this Ordinance.
Section 12. Inte~im Plan of Acquisition. Until the Final
Plan of Acquisition is adopted by the Land Authority, the Land
Authority shall not acquire any interest in any parcel of land,
except by gift, devise or bequest, unless the parcel of land or
interest in real property meets the following minimum
requirements:
8. the parcel of land or interest in real property
must be offered to the Land Authority at no more than 115 percent
of tht' assessed valuation of the parcel or interest on June I,
1986; and
b. the parcel of land or interest in real property
has been rendered undevelopable by the adoption of the Monroe
County Comprehensive Plan, or if the parcel of land or interest
in real property is developable under the Monroe County
Comprehensive Plan and the parcel or interest is located in an
area with inadequate facilities as defined by Section 9-052 of
the Monroe County Land Development Regulations, or the parcel or
interest is suitable for the development of affordable housing as
defined in the Land Development Regulations; and
c. the parcel of land or interest in real property
has not been, within one year of and at the time of acquisition,
selected for purchase through another local, regional, state or
federal public land acquisition program. For the purposes of
this section, land selected for acquisition shall not include the
8
listing of a parcel of land on the CARL list more than one year
prior to the acquisition of the parcel or interest; and
d. the acquisition of the parcel of land or interest
in real estate shall be consistent with the goals, objectives and
policies of the Monroe County Comprehensive Plan.
Prior to adopting the
Section 13.
Executive Director.
Fin31 Plan of Acquisition, the Monroe County Comprehensive Plan
Lime Authority shall employ an Executive Director to serve as the
Chief Executive Officer of the Authority. The Executive Director
shall have the duties and responsibilities of a chief executive
officp.r as set forth in the Land Authority Act including the
employment of staff and consultants subject only to the authority
of the Land Authoritv. During the interim, the Land Authority
. "
may elilp loy a consul tant to act as Interim Executive Director and'
such Interim Executive Director shall have all right, title and
authority of the Executive Director.
Section 14.
It is the intention of the Board of County
C('mmission(>rs that in the event a court of competent jurisdiction
should determine that any part of this Ordinance is invalid for
any reason. the Board intends that the invalid. part be severed
from the balance of the Ordinance so long as the purposes of the
Ordinance to acquire and dispose of real property or interests
therein are still achievable.
Section 15.
All ordinances or parts of ordinances in
conflict ,.ith this Ordinance are hereby repealed to the extent of
any such conflict.
Section 16. This Ordinance shall take effect iuunediately
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 OF COUNTY COMMISSIONERS
OF HONROE COUNTY, FLOR IDA
\.a::)...~.. ." .:... ,",-""\\~ t"~
BY:~
MAYOR/CHAIRMAN
(SEAL) DANNY L. KOLHAGE, Clerk
12S}~
.,;(/ 4.~1" JP.~_
API'I'(,
9
8Y j[:~,.I'~7f/~~
Atlvl01.fO.' ,
ADOPTED:
fj-J~-. 8'"
FILED WITH SECRETARY OF STATE:
EFFECTIVE DATE:
/O-I-~fc
C;-:l'l~I'
. .
h'
","
....a
10
'-
"-.
ORDINANCE NO.
041-1987
AN ORDINANCE DECLARING THAT AN EMERGENCY
EXISTS AND WAIVING NOTICE BY A FOUR-FIFTH' S
VOTE; AMENDING ORDINANCE NO. 031-1986,
SECTION 4 (1) IN ORDER TO CLARIFY THAT LAND
AUTHORITY RULES MAY BE ADOPTED BY RESOLUTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HERE-
WITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is desired to provide rules of procedure for the
Land Authority as soon as possible in order that said Authority
may transact business in as fair and even handed manner as
possible; and
w~EREAS, the enabling legislation, F.S. 380.0661, et seq.,
authorizes the passage of rules by resolution; and
wHEREAS, it is desired to clarify that Ordinance No.
031-1986 takes full advantage of all authorized powers; and
WHEREAS, time is of the essence in establishing such rules;
now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
An emergency is hereby declared and notice
waived by a four-fifth's vote.
Section 2.
Section 4(1) of Ordinance No. 031-1986 is
hereby amended to read as follows:
1. to make such rules and regulations as are
necessary and convenient to carry out the purposes of
this Ordinance and the Land Authority pursuant to
either the provisions of Chapter 120 of the Florida
Statutes1 or by resolution;
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.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
'(.
This Ordinance shall take effect when a copy
Section 5.
has been accepted by the postal authorities of the Government of
the United States for special delivery by registered mail to the
Secretary of State of the State of Florida.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
12~, t-
By 0 ' I -
Mayor/ airman
(SEAL)
At t E' S t: DANNY r.. KOLilAGE, ~lerk
~v;f~~/.
ADOPTED
/1 - .3 - i 7
MAILED TO SECRETARY OF STATE
/1- 9- ~7
EFFECTIVE DATE 11-9.. 67
APpnol"'''~'''' TO FO;?/;/!
A~,:,,~;{!I~[;\~r " /
r "..)/.;/ /
BY '-4:,~' , .
/!z:O."I1C(S f, Ie
2
'--
County Commission
ORDINANCE NO. 048-1987
AN ORDINANCE OF THE COUNTY OF MONROE,
FLORIDA, AMENDING ORDINANCE NO. 031-1986 BY
ADDING SUBSECTION b. TO SECTION 13 TO PROVIDE
FOR REIMBURSEMENT OF ALL NECESSARY EXPENSES,
INCLUDING PER DIEM AND TRAVEL EXPENSES FOR
THE EXECUTIVE DIRECTOR AND STAFF OF THE
MONROE COUNTY LAND AUTHORITY; 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.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
~iONROE COUNTY, FLORIDA, tha t :
Section 1.
Section 13 of Ordinance No. 031-1986 is hereby
amended to read as follows:
"Section 13,
a.
Executive Director.
Prior to
adopting the Final Plan of Acquisition, the Monroe
County Comprehensive Plan Land Authority shall employ
an Executive Director to serve as the Chief Executive
Officer of the Authority. The Executive Director shall
have the duties and responsibilities of a chief execu-
tive officer as set forth in the Land Authority Act
including the employment of staff and consultants
subject only to the authority of the Land Authority.
During the interim, the Land Authority may employ a
consultant to act as Interim Executive Director and
such Interim Executive Director shall have all right,
title and authority of the Executive Director.
b.
Reimbursement for Mileage Expenses.
The
Executive Director and all staff members of the Monroe
County Land Authority shall receive reimbursement for
mileage expenses, including per diem, in accordance
with applicable law, incurred in the performances of
their official duties.
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 con-
flict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 4.
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 Authority
held on the 3~t> day of AJD'If.MIJLA. ,A. D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Byg~-~
or airman
(SEAL)
At t est: DANNX 4 KOLHAGE. ~~k
-12.1.. P~,iu.
I}
l
BY
"
Monroe County Commission
ORDINANCE NO. 053-1987
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 031-1986, SECTION 7(c)
ENTITLED "EXPENSES" TO PROVIDE COMPENSATION
FOR THE MJMBERS OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY ADVISORY
CO~~ITTEE 'IN THE AMOUNT OF $100 PER MEETING,
NOT TO EXCEED TWO (2) MEETINGS PER MONTH;
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.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1.
Section 7(c) of Ordinance No. 031-1986 is
hereby amended to read as follows:
"c, Expenses. ~1embers of the Advisory Committee shall
receive $100 compensation per meeting, not to exceed
two (2) meetings per month, for services, and shall be
entitlpd to necessary' expenses including per diem and
travel expenses incurred in the discharge of official
duties as provided by law."
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 con-
flict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 4. 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 Authority
he Id on the I ~-t day of -c-r:-.L"JM b eo,.. , A. D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
,/)\ ...- - ..
BY~~'~
a a rman '
(SEAL)
Attest ;DANNY L. KOLHACE. Clerk
..a.t..4&-.., 0(,
er '
FILED WITH SECRETARY OF STATE: J.:t- /.. '1
EFFECTIVE DATE:
.
OVEOASTOro~M
GAL SurrtCI[~'C'l.
A,,,-,,,, n:,,,, ' !
fJY
2