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Ordinance 039-2004 11/5/4 ORDINANCE NO. 039 - 2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ESTABLISHING THE OFFICE OF COUNTY ATTORNEY; PROVIDING FOR THE QUALIFICATIONS AND DUTIES OF THE COUNTY ATTORNEY AND ASSISTANT COUNTY ATTORNEYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Chapter 2, Article XI, Sections 2-354 through 2-365, Monroe County Code are hereby created to read as follows: Sec. 2- 354. Establishment of the County A~orney's Office. There is hereby established the Office of the County Attorney. The Office of the County Attorney shall be directly responSible to the Board of County Commissioners (the Board), and shall be independent of and not subject to the supervision or authority of the County Administrator. All prior actions of the Board relating to the Office of the County Attorney are hereby ratified and reaffirmed. Sec. 2-355. Minimum Qualifications for Aopointment as COlJntv Attornev. a) The County Attorney, at the time of appointment, shall have been a member in good standing of the Florida Bar for ten years or more immediately prior to appointment as County Attorney, with at least three years experience during those ten years, in local government law (county, municipal, special purpose district, or school district), environmental law, administrative law, labor and employment law, or any combination thereof. b) The County Attorney shall be appointed by an affirmative vote of not less than three members of the Board. c) The County Attorney need not be a resident of the County at time of appointment, but during tenure in the position shall be a full-time resident of the County . Sec. 2-356. Employment Status of the County Attorney: Vacancv in Position. a) The County Attorney shall serve at the will and pleasure of the Board. b) The County Attorney is a direct employee of the Board, and responsible only to the Board. c) The County Attorney is not subject to the provisions of Chapter 69- 1321, Laws of Florida (the Monroe County Career Service Act), but must be employed pursuant to a written employment contract mutually agreed to by the County Attorney and the Board. The contract must, at a minimum, contain provisions for the following: 1) the term of the contract, which must be a minimum of four years; 2) the initial salary together with the basis for any increases in salary, travel allowance, and other benefits; 3) vacation leave and sick leave if different from that provided in the County Personnel Policies; and 4) termination of employment with or without cause; d) For purposes of the Florida Retirement System, Chapter 121, Florida Statutes, the position of County Attorney shall be designated and maintained as a Senior Management Service Class position consistent with the provisions of Section 121.055, Florida Statutes. e) The position of County Attorney shall be deemed vacant if the incumbent dies; is removed by action of the Board of county Commissioners; resigns; moves his or her residence from the County; or is unable to continue in office due illness or other casualty for a period of ninety (90) days or more. If the position becomes vacant, the Board shall designate an attorney to serve as Interim County Attorney until a successor has been duly appointed or employed. Sec. 2-357. Assistant County Attornevs. The County Attorney shall be responsible for overseeing and approving the selection, hiring, supervising, disciplining, and termination of all Assistant County Attorneys. Assistant County Attorneys who have successfully completed the probation period set forth in Monroe County Personnel Policies shall be career service employees under Chapter 69- 1321, Laws of Florida, or other applicable local, state, or federal ordinance or law. The number of Assistant County Attorneys to be employed to carry out the duties of the Office of County Attorney shall be as deemed necessary by the County Attorney, subject to the budgetary approval of the Board. Each Assistant County Attorney shall be a member in good standing of The Florida Bar and shall remain a member in good standing during the term of his or her employment. Sec. 2-358. Duties of the County Attornev. a) The County Attorney shall represent the Board as the Board's County Attorney, and either personally or through one or more Assistant County Attorneys or selected outside counsel: 1) Provide legal advice concerning County business to the Board when the Board is in public session and to individual Commissioners upon request or when the County Attorney deems it advisable to do so; 2) Provide legal advice concerning County business to the County Administrator, division directors and department heads when requested or when the County Attorney deems it advisable to do so, provided legal advice shall be furnished according to such procedures the County Attorney may deem necessary to assure the consistency and quality of advice provided; 3) Provide legal advice, when legally and ethically permitted, to the administrative and advisory commissions and committees established by the Board concerning the official duties and responsibilities of those commissions and com m ittees; 4) Cause to be prosecuted and defended all causes of actions on behalf of the Board and County regardless of whether such action is legal, equitable or administrative in nature; or whether civil, criminal, or a violation of ordinance, to include litigation at both the trial and appellate levels, administrative hearings and appeals, mediation, and labor arbitration appeals in which the County, the Board, or a County department or agency under the jurisdiction of the Board is party; and including prosecution of Code Enforcement cases before the Code Enforcement Board, a Code Enforcement Special Magistrate, or in County court. 5) Provide for the defense of all current and former County officers and employees in their personal and official capacities, against any non-criminal action, regardless of whether the action is legal, equitable or administrative in nature, arising out of an act or acts, or omission or omissions, undertaken or omitted in the course of the officer's or employee's County duties or employment, when authorized to do so by the Board; 6) Review and, if authorized by law, object to payments to conflict counsel and expert witnesses in criminal cases, and the release of sureties from the obligations of bail bonds, to the extent that such review is the responsibility of the County by Florida general or special law. 7) Provide a report at each regular Board meeting listing on-going litigation and the nature thereof, together with other legal matters that the County Attorney deems advisable to bring to the attention of the Board. 8) Enter into agreements with the State Attorney and Public Defender relating to the prosecution and defense of county ordinance violations, and enter into agreements with municipalities relating to the prosecution of city ordinance violations. 9) Coordinate the preparation and codification of county ordinances and establish procedures, formats, and processes for initiating, revising, and finalizing proposed ordinances to be submitted to the Board of County Commissioners for adoption. 10) Attend all meetings of the Board of County Commissioners. 11) Perform such other lawful duties as the Board may direct or as may be provided for elsewhere in the Monroe County Code. b) The Office of the County Attorney may provide legal advice to other County constitutional officers but only to the extent that no conflict or potential conflict exists between the other constitutional officer and the Board with respect to the subject upon which the other constitutional officer seeks advice. c) The County Attorney and Assistant County Attorneys may not undertake the legal representation of private clients or provide legal advice to private clients, without regard to whether such representation or advice is provided in exchange for a fee or is provided on a pro bono basis. d) During the term of employment, the annual costs and fees assessed by The Florida Bar to maintain membership in good standing in The Florida Bar and the Local Government Section of The Florida Bar shall be paid by the County on behalf of the County Attorney and each Assistant County Attorney. Sec. 2-359. Emolovment of Outside Counsel. When the County Attorney determines that the best interests of the County would be served by utilizing the expertise of outside counsel, the County Attorney shall request that the Board retain the outside counsel recommended by the County Attorney. If the Board concurs with the County Attorney's recommendation, then the Board shall retain the outside counsel through a standard engagement contract prepared by the County Attorney and approved by the Board. The engagement contract must contain, at a minimum, a description of the legal services to be provided and the fee, or basis of the fee, to be paid for such services. No fee may be paid to outside counsel without the review and approval of the County Attorney or the County Attorney's designee. Sec. 2-360. Office Manaaement and Suooort Staff. a) Personnel. The County Attorney shall be responsible for overseeing and approving the selection, hiring, supervising, disciplining, and termination of all staff and support personnel of the Office of County Attorney and shall employ such staff and support personnel that the County Attorney determines are needed to carry out the duties of the Office, subject to the budgetary approval of the Board. Staff and support personnel who have successfully served the probation period set forth In the Monroe County Personnel Policies shall be career service employees under Chap. 69-1321, Laws of Florida. b) Rules and Procedures. The County Attorney may establish such reasonable rules and procedures for the management of the County Attorney's Office and office personnel that the County Attorney deems necessary, provided that the rules and procedures do not conflict with Chap. 69-1321, Laws of Florida, or other applicable state or federal laws. c) Soecialization. In order to encourage, promote, and maintain special expertise in local government law, the Board recognizes that The Florida Bar, under the aegis of the Florida Supreme Court, has adopted a special certification program for attorneys in City, County, and Local Government Law, and that it would be to the benefit of County government to have such speCially certified attorneys in the County Attorney's Office. Accordingly, each County Attorney and Assistant County Attorney shall receive the sum of $250.00 per month for each month in which he or she obtains and maintains certification in City, County, and Local Government Law. Sec. 2-361. County Attorney to immediately defend all actions aaainst the County . The County Attorney has the authority to immediately defend any action against the County without first seeking Board approval. The County Attorney shall advise the Board of the action at the next available Board meeting (subject to the notice requirements of Sec. 286.011(8), Florida Statutes, if a closed meeting is to be utilized). Sec. 2-362. Defense of Civil Actions aaalnst the County Attorney or Assistant County Attorney. a) The County shall provide an attorney to defend any civil action arising from a complaint for damages or Injury suffered as a result of any act or omission of action of the County Attorney or any Assistant County Attorney arising out of and in the course and scope of his or her employment or function, unless, in the case of a tort action, the County Attorney or Assistant County Attorney acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Defense of such civil action includes, but is not limited to, any civil rights lawsuit seeking relief personally against the County Attorney or Assistant County Attorney for an act or omission under color of state law, custom, or usage, wherein it is alleged that such County Attorney or Assistant County Attorney has deprived another person of rights secured under the Federal Constitution or laws. Legal representation of the County Attorney or an Assistant County Attorney shall be provided by outside counsel selected by the County Administrator with the consent of the County Attorney. However, any attorney's fees paid from County funds on behalf of the County Attorney or Assistant County Attorney who is found to be personally liable by virtue of acting outside the scope of his or her employment or was acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, may be recovered by the County in a civil action against the County Attorney or Assistant County Attorney, as appropriate. b) Payments for any judgments and settlements arising out of an act or omission of the County Attorney or Assistant County Attorneys shall be made by the County pursuant to Sec. 111.071, Florida Statutes. c) The provisions of this Section shall be applicable to retired or former County Attorneys and Assistant County Attorneys, for the acts and omissions described in subsection 2-361(a) which occurred when such individuals were employed by the County. Sec. 2-363. Settlement of Claims and Litigation. The County Attorney shall have the authority to settle any claim against the County, and settle on behalf of the County any lawsuit in which the County is a party. Settlement authority may be exercised under the following conditions: a) By the County Attorney, in his or her judgment, when the settlement amount to be paid by the County does not exceed Fifteen Thousand Dollars ($15,000.00). b) By the County Attorney, with the written concurrence of the County Administrator, when the settlement amount to be paid by the County is in excess of Fifteen Thousand Dollars ($15,000.00) and does not exceed Twenty-five Thousand Dollars ($25,000.00). c) By the County Attorney, with prior approval of the Board lawfully authorized at a public meeting of the Board, where the settlement amount to be paid by the County Attorney is in excess of Twenty-five Thousand Dollars ($25,000.00). Sec. 2-364. Settlement of Code Enforcement And Other Liens. The County Attorney shall have the authority to compromise or settle any code enforcement lien or other lien imposed in favor of the County which has been imposed pursuant to law. Such settlement or compromise shall be upon such terms and conditions, and in such amount, as the County Attorney deems just and appropriate under the particular circumstances. If a settlement or compromise is agreed to by the person or entity legally obligated to pay the lien, the County Attorney may execute, on behalf of the County, any document that may be required for recording in the publiC records of Monroe County to satisfy or release the lien as imposed. If no agreement can be reached, the matter shall be placed by the County Attorney on the agenda of a scheduled public meeting of the Board of County Commissioners as an action item. Sec. 2-365. Recouoment of Attornevs' Fees and ~osts. In all proceedings in which the County may have the right under federal or Florida statutory or case law, or by contract, to seek reimbursement for attorney's fees, charges, or other costs incurred by the County Attorney's office personnel, the County Attorney shall actively pursue obtaining a judgment in favor of the County for such fees, charges, and costs. The basic hourly rates for services rendered by County Attorney's office attorneys and staff for which reimbursement is sought shall be established from time to time by resolution adopted by the Board of County Commissioners, after a public hearing. Section 2. Invalid Provision. 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. Repeal; Non-Revival. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 4. Effect of Repeal. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or depOSited pursuant to the requirements of any ordinance. Sectic;m 5. Ordinance Codified. The provisions 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 6. Effective Date. 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 15th day of December, 2004. Mayor Spehar " ,~yor Pro Tern McCoy ,,_'::~~jssioner Nelson .... " ,...'._'\;,-{~~~~~~oner N~ugent i'~//\:' '\\ ,;t~ml$.loner RIce .;:', If:~F::: \ ';,::>:.''.' ' '\~':\":~~~riANNY':LKOLHAGE Clerk .\~~~>..~ BY'~'_~p~ Oerk Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~)Ju in ~~ Mayor/Chairperson Approved As To Form: ~~ J hn R. Collins, County Attorney Date: \112.-3) 0 I C"..~, . >.) ......::':.'2 1'-'" .~" ".~, ",,,o\',i CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAC((305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAC( (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAC( (305) 852-7146 December 21, 2004 Mrs, Liz Cloud, Chief Bureau of Administrative Code & Laws The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 Via Certified Mail 7002 20300001 2668 7637 Dear Mrs, Cloud, Enclosed please find a certified copy of Ordinance No. 039-2004 establishing the Office of County Attorney; providing for the qualifications and duties of the County Attorney and Assistant County Attorneys; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on December 15, 2004, Please file for record, Should you have any questions please feel free to contact me at (305) 292-3550, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Co by: (Z~~ cc: Municipal Code Corporation via certified mail 70022030 0001 2668 7620 County Administrator County Attorney BOCC Filev' U.S. Postal ServicelM m '4CERTIFIED MAIL. RECEIPT jD (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.come OFFEICEAL USE Postage $ UUU�7-5Certified Fee ' , 23� •Retum t Required) t Fee / 2 /a c•Sre � (Endorsement Required) [ � ere CIRestricted Delivery Fee {v.) ti rn (Endorsement Required) • ru Total Postage&Fees $ 4'k s, ru o RN! Liz Cloud, Bureau of Administrative N -C�rb�fe4gt.I lie C-o-TIins Building, Suite I4+3 tri , o.+fee---F1.--323 9- --a 25© (Ordinance No. 039-2004) PS Form 3800,June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A Signature item 4 if Restricted Delivery is desired. X ❑Agent { • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Aec ivWW 13,( d N me C. Date of Delivery ■ Attach this card to the back of the mailpiece, �i, i � i , or on the front if space permits. �+ I'A� D. Is d_A ��c�ffr4 ss. i ere fro item 1? ❑Yes 1. Article Addressed to: If YES,enter deliveread � o .14r:P ❑No ;Mrs. Liz Cloud, Chief ; ;Cf jf:Y tl _,* °Bureau of Administrative Code j-� Il,;$$� r`Jt?1�F: The. Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 3..Se ice Type ILI Certified Mail ❑Express Mail (Ordinance No'. 039-2004) ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7002 2030 0001 2668 7637 PS Form 3811,February 2004 Domestic Return Receipt 102595_02_M-1540 • Email Confirmation Page 1 of2 L.Munl~.com Municipal Code Corporation P,O, Box 2235 1700 Capital Circle SW, (32310) Tallahassee, FL 32316-2235 850-576-3171 Fax: 850-575-8852 infO@IIluni.code.J:;.OIIl Monroe County, FL Code of Ordinances - 1979(11270) Supplement 87 Recorded: 11/30/20043:11:07 PM We have received the following material through Hard Copy, Document Adoption Description Ordinance No, 033-2004 10/20/2004 Creating see, 6-17(c), providing for an annually renewable blanket permit for the removal of invasive exotic vegetation, Ordinance No, 034-2004 10/20/2004 Adding sec. 13,5-5(p), in order to enclose a greenspace for dogs, Ordinance No. 025-2004 8/18/2004 Amending sec. 9.5-317(b)(1 )d,(i), standards for the issuance of building permits in areas of special flood hazard. Ordinance No, 039-2004 12/15/2004 Creating ch, 2, art, XI, sec. 2-354 through 2-365, establishing the office of county attorney. . Are you e-mailing us your ordinances? Send them to oJds@municode"COIIl . Does your code need a legal review? We can help - e-mail for an estimate . Ask us about electronic supplementation and our newest service N,O,W, posting ordinances in between supplements . Need additional copies of your Charter? Zoning? Code? Binders? Divider Tabs? . Also we have a GREAT new service where we provide Codes and Supplements to outside subscribers at no additional cost to the City, Contact our Distribution Department at dist@municode.&Qffi . Looking for Records Management, imaging or indexing minutes services, we can help there too! Contact us for more information atin!o@.mccinnovalions,corD, 2003 Municipal CodeCorporation, AllrightsReserved, .'.. '> (f') ,;;:r,; {~: L._ ....-...... "', , i"_" 0- ,''''.'# ,.,.. ..~ L ~.: ::~'~..J I""'"""" :...:' (:..~) . (.J (:....\ http://intranet.municode.com/BIS/Recording!acknowledgePrint. asp?j obid=3 343 2&print=tru... 114/2005 a Email confirmation "k 'I1D a te' .,r `- .. T. cifitl :---,' x. %":-. ,„ . „J.... ., . • 'itik JAti•e•os rn"7 Municipal Code Corporation 81595s4 IJ.S.P®STAGE 4 P.O. Box 2235 Tallahassee, FL 32316 Mr. Danny Kolhage Clerk of Court Monroe County, FL (County) 500 Whitehead Street • Suite 101 Key West, Florida 33040 • 330 �i-iobt�. �i2 Ir,lltttllIl1....1„iPl.+,,tllirtll I'''' rr11,,IIlrlltr , lrlrt 1 ,___. r _ter - --- ' —^_ - - - - _ - SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si.•ature 1 I i i 1 i item 4 if Restricted Delivery is desired. • ❑Agent I Print your name and address on the reverse - " /{'�(t✓� �6��/ '❑Addressee so that we can return the card to you. -- eived by(Printe ame) C. Date of Delivery , m• Attach this card to the back of the ailpiece, y n ,G or on the front if space permits. ��,7nC "J' n lv ��-a 6.7 D. Is delivery address different,from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Ms. Evelyn Jefferson , Municipal Code Corporation P. O. Box 2235 - Tallahassee, FL 32316-2235 3. Se�iceType L�Certified Mail ❑Express Mail • Ordinance No.' 039-2004 ❑.Registered ❑Return Receipt for Merchandise -j 1': ❑Insured Mail ❑C.O.D. W.4,;;.; 4. Restricted Delivery?(Extra Fee) CI Yes V� . • 2, Article Number (Transfer from servicelabeq 7002 2030 0001 266-8 .7620 fi • PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 ' U.S Postal ServiceT. ,.:>w ,,, ; . D CERTIFIED MAIL. RECEIPT - , - - -- ru •� (Domestic Mail Only;No Insurance Coverage Provided) r- For delivery information visit our website at www.usps.coma OD ru m11i Postage $ <7'3r9 r____,. . J Certified Fee 30 .� ,,. 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Published Twice Weekly ;'"o.9;6D2°° i .NOTICEINTENTION , Marathon, Monroe County, Florida TO CONSIDERADOPTION OF COUNTY . .ORDINANCE [ NOTICE IS HEREBY GIVEN PROOF OF PUBLICATION TO WHOM IT MAY CON-; CERN that on Wednesday,: December 15,2004,at 3:00 • PM at the Marathon Govern-' r ment Center,2798 Overseas _i Highway,Marathon,Monroe, STATE OF FLORIDA i County,Florida,the Board of, County 'Commissioners of COUNTY OF MONROE ; Monroe County, Florida, in- tends to hold a public meet- . • I ing to consider the adoption of the following County ordi- Before the undersigned authority person- :Aances: AN ORDINANCE OF THE allyappeared WAYNE MARKHAM who on - i BOARD OF COUNTY COM- PP MISSIONERS OF MONROE oath, says that he is PUBLISHER of the LISH NGY THERIDA O FICE OF FLORIDA KEYS KEYNOTER, a twice ,VID�ING FOR TNTYOHE RNEY QUALIFII- CATIONS AND DUTIES OF weekly newspaper published in Marathon, • THE 'COUNTY ATTORNEY' AND,ASSISTANT COUNTY in Monroe County, Florida: that the ,'ATTORNEYS; PROVIDING ;FOR SEVERABILITY; PRO- attached copyof advertisement was I.VIDING FOR THE REPEAL OF ALL ORDINANCES'IN- published in said newspaper in the issues !PROVIDING FOR'INCORPO- • !., 'RATION INTO THE MON- of: d te(s) of Publication) ,.ROE COUNTY CODE OF OR- DINANCES; AND PROVID-' a7 ���� _ 'ING AN EFFECTIVE DATE: /(/,�/t- ipl%erested parties may age- ear at the meeting end A heard with'respect to the �Do� aincar1 nrrlinanrec Pnrcii_ .ant to motion. 286.0105; Florida Statutes, notice is' given that if a person decid- `_ed to appeal any,decision Affiant further says that the said FLORIDA spect to.any mat made by the Boamatte withter consid : -) 'ered at such hearings or KEYS KEYNOTER is a newspaper published :meetings,he will need a re- -cord of the proceedings,and at Marathon, in said Monroe County, that, for such purpose, he. "-May need-to-ensure that,a Florida, and that the said 'newspaper has ._verbatim record of the pro-' ceedings is made,which re heretofore been continuouslypublished cord_includes the testimony in and evidence Upon which the appeasaid Monroe County, Florida, -twice each of the istobeeferen ed,or-Copiea, of the above-referenced or- ,dinances are available for re- week (on Wednesday and Saturday) and view at the various public-li-., •braries in Monroe-County; has been entered as a second class mail 'Florida: - . ' matter.at the post office in Marathon, in Dated at Key West,Florida,' this 29th day of October,, Monroe County, Florida, for a period of • ,.2004. . one year next preceding the first - DANNYc,KOourt an ; � C _ .ex officio Clerk of the Board publication of the attached copy of ' of County Commissioners of Monroe County,Florida advertisement. The affiant further says Publish November 27, that he has neither paid nor promised any : December 4,2004 _ Florida Keys Keynoter person, firm, or corporation any discount, rebate, commission. or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and :-� c;: ; that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. =- ,c J .e ----k- —i u ^, „I l En SworD, o a sub ibed bef re m this V D y of . . .. . .. K (SEAL `r�Y 7``„4,s Corm/Dooaetra _ , . t Evian 11/17f2007 �0��,� �. Bond thru(800)452.4254 �f�tiCY \ �', '! orida Notary Awn.,Inc ot&-y Personally k own ) • r u• I '�-. M , iV KEYCPWEST The Florida K.YS Only Daily K.rw+P.P.r,Est 1876 Q 3 /� 2 C O Cooke Communications,LLC • D rd Florida Keys Mary Beth Canitano STATE OF FLORIDA Advertising Coordinator Po Box 1800 COUNTY OF MONROE Key West Fl 33041 Before the undersigned authority personally appeared Randy G. Erickson,who Office 305-292-7777 • Extension x219 on oath says that he is Vice-President of Advertising Operations of the Key Fax 68 mcanitano@keysnews.com ano@k news. om West Citizen, a daily newspaper published in Key West, in Monroe County, ke snews.com INTERNET PUBLISHING Florida; that the attache c fpy of avert sement,being a legal notice in the keywest.com matter of 6 (ft Cali nL : ._ keysnews.com floridakeys.com key-west.com Web Design Services In the Co was publishe said newspaper in the NEWSPAPERS issues of )1 f�Lkk) �, o q The Citizen. 1 Southernmost Flyer Solares Hill Big Pine Free Press Affiant further says that the Key West Citizen is a newspaper published in Key Marathon Free Press Islamorada Free Press West, in said Monroe County, Florida and that the said newspaper has Key Largo Free Press Ocean Reef Press heretofore been continuously published in said Monroe County, Florida every Seaport Log and has been entered as second-class mail matter at the post office in Key West, MAGAZINE The Menu in said Monroe County, Florida, for a period of 1 year next preceding the first Come Guide publication of the attached copy of advertisement•, and affiant further says that . Citizen Local's Guide Paradise he has neither paid nor promised any person, firm or corporation any discount, TV Channel Guide MARKETING SERVICES rebate, commission or refund for the purpose of securing this advertisement for Commercial Printing publication in the said newspaper. Citizen Locals Card Direct Mail / • FLORIDA KEYS OFFICES �/� Printing/Main Facility 3420 Northside Drive Signature of Affiant Key West,FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 citzen@keywest.com Sworn and subscribed before me this a ot day of f(j e , 2004 Internet Division t 1201 White Street(Suite 103) Key West,FL . 33040-3328 — ---` Tel 305-292-1880 - Fax 305-294-1699 sales@keywest.com 'C.• s Mary Beth Eariitano Notary Public Middle Keys Office c:7<;,• •, 6363 Overseas Hwy C, , Marathon,FL (MM 52.5) 33050-3342 --i Tel 305-743-8766 -•a .. . Fax 305-743-9977 navigator©floridakeys.com • EX pi January15, 2007 p `':; ;-,Notary Seal Upper Keys Office ,,, - B15a9 old Hwy MARY BETH CANITANO PO Box 469 .�"Y P a% Islamorada,FL(MM81.5) =r°,�„`�;Notary Public-State of Florida 33036-0469 -•« ,•, a• MyCommissionExesJan15,2007 Tel 305-664-2266 :'. Ilt .Q, =9,-���o-; Commission#DD178046 Fax3056648411 -,,,-°11`°` freepress@floridakeys.com Bonded By National Notary Assn. Ocean Reef Office 3A Barracuda Lane Key Largo,FL 33037 Tel 305-367-4911 PersonallyKnown x Produced Identification Fax 305-367-2191 Type of Identification Produced • • PUBLIC NOTICE NOTICE OF INTENTION TO CON-• SIDER ADOPTION OF COUNTY ORDI- NANCE NOTICE•IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on • Wednesday, December 15,2004,at ' 3:00 PM at the Marathon Govern- - ment Center, 2798 Overseas High- ,;way, Marathon, •Monroe- County, • Florida, the,Board of County Com-_ • missioners of Monroe County, Flori- da, intends to hold a public meeting • to consider the adoption of the fol- lowing County ordinances:• i AN ORDINANCE OF THE. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORID', ES- TABLISHING- THE OFFICE• OF COUNTY ATTORNEY; PROVIDING FOR THE QUALIFICATIONS AND DUTIES OF THE COUNTY ATTOR- NEY AND ASSISTANT COUNTY ATTORNEYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL. OF ALL ORDINAN- CES' INCONSISTENT HEREWITH; ; . PROVIDING FOR INCORPORA- ' TION INTO THE MONROE COUN- •TY CODE OF ORDINANCES; AND • PROVIDING AN EFFECTIVE DATE. Interested parties may appear at the. I meeting and be heard with respect to the proposed ordinances. Pursuant to Section 286.0105, Florida Stat- utes, notice is given that if a person • i decided to appeal any decision k made by the Board with respect to any matter considered at such hear- ings or meetings, he will need a re- : cord of the proceedings,and that,for ' such purpose, he may.need to en- ,sure 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-refer- ericed ordinances for review at the various public libraries in 'Monroe County,Florida. Dated at Key West, Florida,this 29th day of October,2004. • . DANNY L.KOLHAGE,• • Clerk•of the Circuit-Court and-ex-offi—' cio Clerk of the Board of County I Commissioners of Monroe County,•. • Florida November 28&December 5,2004 FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES January 13, 2005 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated December 28, 2004 and certified copies of Monroe County Ordinance Nos. 036-2004 and 039-2004, which were filed in this office on January 12, 2005. ~~~ Liz Cloud Program Administrator LC/kcs , ~ .....,..... . ... ."'.....-.,. ;~5 r" -"'I OSTA TE LIBRARY OF FLORIDA R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600 FAX: (850) 488-2746. TOO: (850) 922-4085. http://www.dos.state.t1.us OLEGISLA TIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHIVES (850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894 OADMINISTRA TIVE CODE AND WEEKLY (850) 245-6270. FAX: (850) 245-6282 Your Upper Keys Connection THE REPORTER O~";'na.n'e. :::!t P.O. Box 1197. Tavernier, Florida 33070-1197 0.39- c:?t)O f (305) 852-3216 Fax: (305) 852-0199 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared JACKL YN R. HARDER who on oath, says that she is ASSOCIATE PUBLISHER/EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being LEGAL NOTICE in said newspaper in the issue of: November 26th and December 3rd 2004 Affiant further says that THE 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 she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and that The Reporter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. / I Notary iF' RAN"'"'''''''''''''''''''''''''''''''''' . WHALEY-EASTWOOD: i /-~~ Com~ 000245643 ~ . ~ ~~) \ElcpI_ 8I28I2O(f1 : ! i~~h Bonded lIvu (800)432~254~ i..::!F~"+" Florida Notary Assn,. me : ..... ..... .......... ..... ............. Ad#3722000 County Attorney NOTICE OF INTENTION TO CONSIDER ADOP. TION OF COUNTY OR. DINANCES NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, December 15,2004, at 3:00 PM at the Marathon Govern- mentCenter, 2798 Over- seas Highway, Mara- , thon, Monroe County, FIQrida, the Board of County Commissioners of Monroe County, Flori- da, intends to hold a pub- lic meeting to consider the adoption of the follow- ing County ordinances: AN ORDINANCE OF THE BOARD OF COUN- TY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ESTABLlSH- INGTHE OFFICE OF COUNTY ATTORNEY; PROVIDING FOR THE QUALIFICATIONS AND DUTIES OF THE COUN- TY ATTORNEY AND ASSISTANT COUNTY ATTORNEYS; PROVID- ING FORSEVERABILI- TY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCON- SISTENT HEREWITH; PROVIDING FOR IN- CORPORAT1ON1NTO THE MONROE COUN- TY r.nm= nF nR'nl- NANCES; AND PRO- VIDING AN EFFECTIVE DATE. Interested parties may appear at the meeting and be heard with re- spect to the proposed or- dinances, Pursuantto Section 286.0105, Flori- , da Statutes, notice is giv- en that if a person decid- ed to appeal any decision made by the Board with respect to any matter considered at such hear- ings or meetings, he will need a record of the pro- ceedings, and that, for such purpose, he may need to ensure that a ver- batim record ofthe pro- ceedings is m;;x:le, which record includes the testi- mony anP1ilvidence upon which the appeal is to be based, Copies of the above-referenced ordi- nances are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Flori- da, this 29th day of Octo- ber, 2004, DANNY L. KOLHAGE, Clerk ofthe Circuit Court and ex officio Clerk ofthe Board of County Com- missioners of Monroe County, Florida (SEAL) Publish: 11/26.04 & 12/03/04 The Reporter TAVArni..r. FL 33070