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Resolution 316-1986 -......- Monroe County Commission RESOLUTION NO. 316 -1986 WHEREAS, the Legislature of the State of Florida enacted Chapter 86-170 Laws of Florida which provides for the creation of a Land Authority by the Board of County Connnissioners of any county in which there is one or more areas of critical state concern; and WHEREAS, Monroe County contains two areas of critical state concern, The Florida Keys Area of Critical State Concern and the City of Key West Area of Critical State Concern; and WHEREAS, Chapter 86-170 Laws of Florida provides in pertinent part that: It is hereby declared that the intent of the Legislature is: (1) To provide a mechanism to equitably deal with the challenges of implementing comprehensive land use plans developed pursuant to the area of critical state concern program, which challenges are often complicated by the environmental sensitivity of such areas; (2) To provide the mechanism referred to in subsection (l) by creation of a body politic which would have a stable funding source and the flexibility to address plan implementa- tion innovatively and by acting as an inter- mediary between individual landowners and the governmental entities regulating land use. WHEREAS, the primary purpose of the Board of County Commissioners in creating the Monroe County Comprehensive Plan Land Authority within the powers conferred upon the County by Chapter 86-170 Laws of Florida is to facilitate the protection of the natural resources of Monroe County through the assembly and resale of improvidently subdivided lands, to reduce densities in high impact areas that are deficient in capital facilities and to provide land for qualified affordable housing; and WHEREAS, the Board of County Commissioners of Monroe County, Florida, adopted Ordinance No. 031-1986, attached hereto as Exhibit 1, which establishes the Monroe County Comprehensive Plan Land Authority; and WHEREAS, the Legislature of the State of Florida has appropriated $l,050,000 to be used by the Monroe County Comprehensive Plan Land Authority for land acquisition and administrative costs in Fiscal Year 1987; and WHEREAS, the Legislature of the State of Florida has appropriated $4,950,000 to be used by the Monroe County Comprehensive Plan Land Authority for land acquisition and administrative costs in Fiscal Year 1988; and WHEREAS, Chapter 86-170 Laws of Florida requires the Department of Natural Resources to collect an admissions and overnight surcharge for state parks and recreation areas within areas of critical state concern to be disbursed to any land authority established pursuant to the provisions of Chapter 86-170 except for surcharges collected wholly within an incorporated municipality which are to be disbursed to such municipality; and WHEREAS, Chapter 86-l70 Laws of Florida authorizes the County to levy a one cent tourist impact tax on accommodations, attractions and restaurants if such tax is authorized by vote of the majority of the electors of each area or areas of critical state concern; and WHEREAS, Chapter 86-170 Laws of Florida provides that one half of the one cent tourist impact tax shall be available to the Land Authority and shall be expended within the area of critical state concern in which the tax was collected except for 5% of the tax which is to be used by the land authority for administrative and other costs; and WHEREAS, the Board of County Commissioners has set the question of a one cent tourist tax to be levied in the Florida Keys Area of Critical State Concern and the City of Key West Area 2 t ' of Critical State Concern for a referendum of the electorate of each area at the general election on November 4, 1986; and ~rnEREAS, the Board of County Commissioners desires to make it clear to the citizens of Monroe County that it was, within the powers conferred upon the County by Chapter 86-170 Laws of Florida, the Board's primary purpose in creating the Monroe County Comprehensive Plan Land Authority to facilitate the assembly and resale of improvidently subdivided lands, to reduce densities in high impact areas with capital facilities deficits and to provide land for qualified affordable housing; and WHEREAS, the Board of County Commissioners desires to establish an orderly means of ensuring that the one half of the one cent tourist impact tax collected within the City of Key West Area of Critical State Concern that is to be disbursed to the Monroe County Comprehensive Plan Land Authority is used by the Land Authority in a manner and in a way which is consistent with and pursuant to the comprehensive plan of the City of Key West and the views and desires of the City of Key West; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. The Board of County Commissioners created the Monroe County Comprehensive Plan Land Authority as a means of implementing the goals, policies and objectives of the Monroe County Comprehensive Plan. 2. It is necessary and appropriate that the activities of the Monroe County Comprehensive Plan Land Authority in the City of Key West Area of Critical State Concern should be consistent with the goals, policies and objectives of the comprehensive plan of the City of Key West. 3. The Monroe County Comprehensive Plan provides for and assumes the existence of a land acquisition authority empowered to acquire land for the purpose of assembling improvidently subdivided lands, reducing densities in high impact areas with capital facilities deficits and to provide land for qualified affordable housing. 3 4. The Monroe County Comprehensive Plan Land Authority was created by the Board of County Commissioners for a variety of purposes, but the primary purpose of the Board was to address the problems identified in the Monroe County Comprehensive Plan with platted lands, excess development rights in high impact areas with capital facility deficits and affordable housing. S. Chapter 86-170 Laws of Florida empowers the Board of County Commissioners to create a land authority with a broad range of powers and the Board of County Commissioners have created an authority with a wide range of powers, however, the Board deems it is necessary and proper to establish, within the broad range of powers and opportunities authorized by Chapter 86-170 and Ordinance 031-1986, the following guidelines to be used by the Monroe County Comprehensive Plan Land Authority in the preparation of the final plan of acquisition which is required by Ordinance No. 031-1986: a) Priority shall be given to the assembly and resale of improvidently platted lands, the acquisition of excess development rights in high impact areas with capital facilities deficits and the provision of land for affordable housing over all other authorized acquisitions; b) At least 80% of the annual revenues available to the Monroe County Comprehensive Plan Land Authority shall be used for land acquisitions that are a part of a program of resale for private development or use for affordable housing purposes, except where the governing body of the Land Authority determines that there are insufficient opportunities for priority resale or use acquisitions; c) The Land Authority and its land acquisitions are not intended to supplant or duplicate existing acquisitions programs for environmentally sensitive lands at the local, regional, state or federal levels of government, but are intended to support and supplement, where consistent with the primary purpose of the Land Authority's acquisition programs, such programs through 4 environmental restrictions imposed on reassembled lands offered for resale or use and the reduction of densities in high impact areas with capital facilities deficits; and d) The optimal land acquisition program would involve the assembly of improvidently subdivided land, a reduction in density, the preservation of natural resources related to the acquired lands and the resale of the development parts of the acquire land for private development or the use of the developable land for the development of affordable housing. 6. It is necessary and proper that the County of Monroe and the City of Key West enter into a Memorandum of Agreement in regard to the use of the one half of the tourist impact tax that is collected in the City of Key West Area of Critical State Concern that is to be disbursed to the Monroe County Comprehensive Plan Land Authority and the Mayor is authorized to execute the Memorandum of Agreement which is attached hereto as Exhibit 2 to this Resolution. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of October, A.D. 1986. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: ~~~ Mayor Pro Tern (SEAL) ATTEST: DANNX L. KOLHAGE, Clerk ~~~/M~ 'A~PR VE!J AS TO FORM 11 AN . L :GAL. SUFfICIEN~~'~' . 2 ~ -" ,~.- (lj. BY. f: Attorney's Of ICe 5 '.....,.." Monroe County Commission ORDINANCE NO. 031-1986 AN ORDINANCE ESTABLISHING A LAND ACQUISITION PROGRAM IN MONROE COUNTY, FLORIDA; CREATING AND ~MPOWERING A LAND AUTHORITY; ESTABLISHING AND EMPOWERING A LAND AUTHORITY ADVISORY COMMITTEE; REQUIRING AN ANNUAL REPORT AND AN INTERIM AND r'INAL PLAN OF ACQUISITION; PROVIDING FOR AN EXECUTIVE DIRECTOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF AI.T, ORDINANCES OR PARTS OF ORDINANCES Ir\ CONFL leT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has enacted CS/CJ..S 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. Tiele. 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 EXHIBIT 1 " ..... 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 name 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 tlnder 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 acquire and dispose of real and personal property or any interest or estate therein, including, but not 1 imi ted 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 ~onds 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 Authority 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, lORns 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 Florid.1. Statutes; m. to employ personnel, including an Director, as are necessary and convenient to carry purposes of this Ordinance and the Land Autho~ity; Executive out the 3 n. to engage 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.lings 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 Comprehe1].sive '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, except 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: iJ a. a resident of the City of Key West if the Referendum passes; it not, a representative of the business community in Monroe County; b. a 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 Monroe 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 single 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. Section 7. Meetings and Actions of the Monroe County Comprehensive Plan Land Authority Advisory Committee. a. Meetings. Meetings of the Monroe Count)' 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 public' and notice of such meetings shall be given as required for the meetings of the Board of County Commissioners. b. Quorum and Votin~. A majority of the Advisory 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~~, M~mbers 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. ,... -,) Section 8. o Power~, 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 t an :I.dentification 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 llS 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 sha1.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 acquisition is consistent with the Monroe County Comprehensive Plan and Land Development Regulations; b. the property to be acquired is within an area designated as an Area of Critical State Concern at the time of acquisition; 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 activiti.es of the Land Authority during the ended fiscal year including a list of parcels of land or other interests acquired or sold; b. an accounting of all receipts and expenditures of the Land Authority during the ended fiscal year; 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 fallowing: (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 feet; (2) a decision making format for identifying the priority of acquisitions; . (3) a budget and schedule for land acquisition, including the issuance of bonds; (4) a program of lot consolidation and resale including: 7 oj (a) the l~cation 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. ... L . The Land Authority shall conduct a public hearing on the Plan of Acquisition after publication of notice of the hearing at least l5 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. tnte~~m 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: a. the parcel of land or interest in real property must be offered to the Land Authority at no more than 115 percent of the 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 _._._--_._-~.__._-~~~."------_._._- ;~.~:j...~; 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. Section 13. Executive Director. Prior to adopting the Final Plan of Acquisftion, 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 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 Authority. During the interim, the I,and 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. Section 14. It is the intention of the Board of County Commissioners 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 with this Ordinance are hereby repealed to the extent of any such conflict. Section 16. 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 OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA \U.,,)~ ~v ~\o~.......~ It'(; BY:' , MAYOR/CHAIRMAN (SEAL) DANNY 1.. KOLHAGE, Clerk :;:J;L . ~f/IP.L_- 9 APPfi('. ., . . .'~': BY AN'lG~.~";.~ ~ --..-...' . ,. ,"" ,', ADOPTED: ~-J!)-- ~ FILED WITH SECRETARY OF STATE: EFFECTIVE DATE: IO-I-~~ 9-:19-" 10 MEMORANDUM OF AGREEMENT WHEREAS, the Legislature of the State of Florida has enacted Chapter 86-170 Laws of Florida which provides for the creation of a Land Authority by the Board of County Commissioners of any county in which there is one or more areas of critical state concern; and WHEREAS, Monroe County contains two areas of critical state concern: The Florida Keys Area of Critical State Concern and the City of Key West Area of Critical State Concern; and the natural resources of Monroe County through the assembly and resale of improvidently subdivided lands, to reduce densities in high impact areas that are deficient in capital facilities and to provide land for qualified affordable housing; and WHEREAS, the Board of County Commissioners of Monroe County adopted Ordinance Number 031-1986, attached hereto as Exhibit 1 which establishes the Monroe County Comprehensive Plan Land Authority; and WHEREAS, Chapter 86-l70 Laws of Florida authorizes the County to levy a one cent tourist impact tax on accommodations, attractions and restaurants if such tax is authorized by vote of the majority of the electors of each area or areas of critical state concern; and WHEREAS, Chapter 86-l70 Laws of Florida provides that one half of the one cent tourist impact tax shall be available to the Land Authority and shall be expended within the area of critical state concern in which the tax was collected except for 5% of the tax which is to be used by the Land Authority for administrative and other costs; and HHEREAS. the Board of County Commissioners has set the question of a one cent tourist tax to be levied in the Florida Keys Area of Critical State Concern and the City of Key West Area of Critical State Concern for a referendum of the electorate of each area at the general election on November 4, 1986; and EXHIBIT 2 WHEREAS, the Board of County Commissioners desires to establish an orderly means of ensuring that the one half of the one cent tourist impact tax collected within the City of Key West Area of Critical State Concern that is to be disbursed to the Monroe County Comprehensive Plan Land Authority is used by the Land Authority in a manner and way which is consistent with and pursuant to the comprehensive plan of the City of Key West and the views and desires of the City of Key West; and IT IS THEREFORE AND HEREBY AGREED THAT: 1. The City of Key West shall provide the Monroe County Land Authority Advisory Body with a proposed plan of acquisition for the one half of the tourist impact tax collected within the City of Key West Area of Critical State Concern that is to be disbursed to the Land Authority. The proposed plan of acquisi- tion shall identify those parcels of land that are appropriate to carry out the primary purposes of the Land Authority, that is the assembly of improvidently subdivided lands, the reduction of density in high impact areas with capital facilities deficits and to provide land for qualified affordable housing. 2. The plan of acquisition for the one half of the tourist impact tax collected within the City of Key West Area of Critical State Concern shall be approved by the City Commission of the City of Key West prior to the transmission of the proposed plan of acquisition to the Advisory Body to the Monroe County Compre- hensive Plan Land Authority. 3. The Monroe County Land Authority Advisory Body shall incorporate the proposed plan of acquisition for the one half of the one cent tourist impact tax collected within the City of Key West Area of Critical State Concern in the final plan of acquisi- tion required by Ordinance No. 031-1986. 4. The Board of County Commissioners shall adopt the proposed plan of acquisition approved by the City of Key West as a part of the final plan of acquisition, or the Board of County Commissioners may reject the proposed plan of acquisition. If the Board rejects the proposed plan of acquisition the Board of County Commissioners shall return the proposed plan to the City - 2 - - ~--._.-._._._------_._-_._----_._--~.~--~._.~----_._------.. . , of Key West for further consideration by the City together with written objections to the proposed plan of acquisition. 5. The Land Authority shall not expend any portion of the one half of the one cent tourist impact tax collected in the City of Key West except for the 5% authorized for administrative expenses by Chapter 86-170 Laws of Florida until a final plan of acquisition for the City of Key West Area of Critical State Concern has been approved by the Board of County Commissioners; and the Board, acting as the governing body of the Land Authori- ty, shall not expend any portion of the one half of the one cent tourist impact tax collected within the City of Key West Area of Critical State Concern except in accordance with the approved final plan of acquisition. WITNESS our hands and seals this day of , A.D., 1986. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman (SEAL) Attest: Clerk BOARD OF CITY COMMISSIONERS OF KEY WEST, FLORIDA By Mayor (SEAL) Attest: Clerk - 3 - APP oviD AS TO FORIt;Q.f A ALSUFA~ENCY. \ e.-. ~ .f:i}/ Attorney's Office .