Ordinance 003-1985ORDINANCE NO. 003 -1985
AN ORDINANCE RELATED TO STREETS AND HIGHWAYS
AND PUBLIC RIGHT-OF-WAY USE PERMITTING
MATTERS CONNECTED THEREWITH; AMENDING AND
REVISING THE TITLE AND PREAMBLE OF MONROE
COUNTY ORDINANCE NO. 19-1983,AND SECTIONS
16-18, 16-19, 16-20 AND 16-21, MONROE COUNTY
CODE, TO CONFORM TO SUBSEQUENT ENACTMENTS;
CREATING SECTION 16-21.1, MONROE COUNTY CODE,
RELATING TO SPECIAL PROVISIONS AND GENERAL
PERMITS FOR PUBLIC OR PRIVATE UTILITIES;
AMENDING AND REVISING SECTIONS 16-22, 16-23,
16-24, AND 16-25, MONROE COUNTY CODE TO
MODIFY PERMIT APPLICATION PROCEDURES, INSUR-
ANCE AND BONDING REQUIREMENTS, GENERAL
PROVISIONS AND ACCESS DRIVEWAY PROVISIONS;
AMENDING AND REVISING SECTIONS 16-27, 16-28
AND 16-29, MONROE COUNTY CODE, PROVIDING FOR
REDUCED PERMIT APPLICATION FEES, PROVIDING
FOR NOTICE OF CONFLICTS TO PERMITTEES AND TO
CONFORM TO SUBSEQUENT ENACTMENTS; AMENDING
AND REVISING SECTIONS 16-31 AND 16-32, MONROE
COUNTY CODE, PROVIDING FOR TIME LIMITS AND
RESTORATION AND PENALTY; READOPTING SECTION
22, MONROE COUNTY ORDINANCE NO. 19-1983
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA;
Section 1. The title of Monroe County Ordinance
No. 19-1983, is amended to read:
ORDINANCE NO. 19-1983
AN ORDINANCE ESTABLISHING A MONROE COUNTY
PUBLIC RIGHT-OF-WAY USE PERMIT AND A FEE
SCHEDULE TO REIMBURSE MONROE COUNTY FOR ITS
ADMINISTRATIVE COSTS IN CONNECTION WITH THE
ISSUANCE OF CONSTRUCTION PERMITS FOR ALL
CONSTRUCTION WITHIN THE PUBLIC RIGHT-OF-WAY
OF ROADS AND STREETS UNDER THE CONTROL AND/OR
JURISDICTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS; PROVIDING FOR A SHORT
TITLE; PROVIDING PURPOSE AND INTENT; PROVID-
ING FOR REQUIREMENT OF RIGHT-OF-WAY USE
PERMIT; PROVIDING FOR EXEMPTIONS; PROVIDING
FOR PERMIT REVIEW BY THE PUBLIC WORKS DIREC-
TOR; PROVIDING FOR DEFINITIONS; PROVIDING FOR
SPECIAL PROVISIONS AND GENERAL PERMITS FOR
PUBLIC OR PRIVATE UTILITIES;
PROVIDING FOR PROCEDURE FOR APPLICATION FOR
RIGHT-OF-WAY USE PERMIT; PROVIDING FOR
INSURANCE AND BONDING; PROVIDING FOR GENERAL
PROVISIONS; PROVIDING FOR ACCESS DRIVEWAYS;
PROVIDING FOR ADOPTIONS OF CONSTRUCTION
SPECIFICATIONS AND STANDARDS; PROVIDING FOR
PERMIT FEES; PROVIDING FOR RELOCATION UPON
NOTICE BY THE PUBLIC WORKS DIRECTOR; PROVID-
ING FOR EMERGENCY REPAIRS: PROVIDING FOR
APPEALS; PROVIDING FOR TIME LIMIT; PROVIDING
FOR RESTORATION AND PENALTY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR RE-
VISIONS; PROVIDING FOR SEVERABILITY; PROVID-
ING AN EFFECTIVE DATE.
Section 2. The preamble of Monroe County Ordinance No.
19-1983, is amended to read:
WHEREAS, Section 125.42, Florida Statutes, 1983, vests in
the Board of County Commissioners the authority to license any
person or private corporation to construct, maintain, repair,
operate, and remove lines for the transmission of water, sewage,
gas, power, telephone and other public utilities under, on, over,
across, and along any County highway or any public road or
highway acquired by the County or public by purchase, gift,
devise, dedication, or prescription; and
WHEREAS, Section 337.112, Florida Statutes, 1984 Supplement,
authorizes County Commissioners having jurisdiction and control
of public roads to prescribe and enforce reasonable rules or
regulations with reference to the placing and maintaining along,
across, or on any road under their respective jurisdiction any
electric transmission, telephone or telegraph lines, pole lines,
poles, railways, ditches, sewers, water, heat or gas mains,
pipelines, fences, gasoline tanks or pumps, or other structures
referred to therein as utilities, driveways; and
WHEREAS, Section 125.012(2), Florida Statutes, 1983, empow-
ers Monroe County to regulate and control, maintain and
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adopt regulations for exercising jurisdiction over canals and
other waterways acquired or constructed by the County; and
WHEREAS, Sections 337.113, 337.114, 337.115, Florida Stat-
utes, 1984 Supplement, govern the appropriate recourse for damage
to a public road by a utility, and where relocation or removal of
the utility's transmission lines become necessary; and
WHEREAS, Article VIII of the 1968 Constitution of the State
of Florida vests County governments with powers of self-
government as provided by general and special law; and
WHEREAS, Chapter 125, Florida Statutes, 1983, empowers
counties to establish, coordinate and enforce such regulations as
are necessary for the protection of the public, to adopt techni-
cal codes and regulations, to regulate arterial and other roads
and related facilities and to perform other acts not inconsistent
with the laws of the State of Florida which are in the common
interest of the people of the County; and
WHEREAS, Monroe County has in the interest of the public
welfare initiated a systematic review of construction work in the
public's rights -of -way which has heretofore been paid for entire-
ly by the Gas Tax revenue funds; and
WHEREAS, Section 6-31 of the Monroe County Code requires a
permit for the construction of water and sewer installations and
the additions thereto, including extensions with plans and
specifications for the water and sewer installations to be
approved by the County. Section 6-39 of the Monroe County Code
further requires the payment of construction permit fees by water
and sewage concerns in accordance with a schedule prepared and
maintained by Monroe County; and
WHEREAS, it is the present desire of the Board of County
Commissioners to effect more equitable funding of this respon-
sibility by assessing the grantees/beneficiaries of construction
permits;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 3. Section 16-16, Monroe County Code, reads:
Sec. 16-16. Short title.
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This ordinance shall be designated and may be cited as the
Monroe County Public Right -of -Way Use Permit Requirement and Fee
Schedule Ordinance.
Section 4. Section 16-17, Monroe County Code, reads:
Sec. 16-17. Purpose and intent.
The purpose and intent of this ordinance is to provide
standards and procedures and a fee schedule for permitting the
use of Monroe County public rights -of -way in order to preserve
the function of each street and highway, provide for smooth,
logical traffic flow patterns, require the application of safe
standards, procedures and principles, provide for environmental
compatability, provide for stormwater management; and to provide
for adoption of technical standards and specifications as con-
tained in the public works manual.
Section 5. Section 16-18, Monroe County Code, is amended
to read:
Sec. 16-18. Permit required.
County public right-of-way use permits shall be required for
all roads and streets to be constructed or improved in existing
rights -of -way; and all roads and streets which are to be dedicat-
ed to the county; all construction or installation of any public
or private utility as provided for in Section 9 of this Ordi-
nance; and any structure, driveway, culvert, pavement or object
in the right-of-way or easement, other than those constructed or
maintained by the county; within rights -of -way of the county road
system as defined in Section 334.03, Florida Statutes, 1984
Supplement. Construction or installation within county -owned
canals and county -owned waterways will likewise require a permit.
A permit from the Florida Department of Transportation is
required for the construction of accessways to, or construction
within the rights -of -way of any part of the state highway system
as defined in Section 334,03, Florida Statutes, 1984 Supplement.
Section 6. Section 16-19, Monroe County Code, is amended
to read:
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Section 16-19. Exemptions.
No right-of-way use permit shall be required for the follow-
ing: (1) Construction of public or private utilities in subdi-
visions in accordance with engineering drawings and specifica-
tions approved by the County and prepared in accordance with
Chapter 17 of this Code, "Subdivision Regulations", where such
construction will be completed prior to acceptance of roads by
the County; (2) The installation, maintenance and repair of
physical plant by public or private utilities except as provided
for in Section 9 hereof.
Section 7. Section 16-20, Monroe County Code, is amended
to read:
Sec. 16-20. Permit review by the county public works director.
The board of county commissioners hereby authorizes and
empowers the public works director or his duly authorized rep-
resentative to receive and review permit applications, collect
fees, and issue permits in a timely manner allowing the permittee
to enter onto the public rights -of -way within the county road
system to perform specified construction or installation. No
work may be performed in county rights -of -way or easements,
except as noted in Sections 6, 9 and 17 hereof, until plans have
been submitted in conformance with Section 10 below and a county
public right-of-way use permit has been issued by the public
works director.
Section 8. Section 16-21, Monroe County Code, is amended
to read:
Sec. 16-21. Definitions.
As used in this ordinance, the following terms shall be
defined as set forth hereinafter:
1. "Arterial road" shall be deemed to mean a road carrying
a higher volume of traffic than a local or collector road, which
is used primarily for traffic travelling a considerable distance
and as otherwise defined in Section 334.03(15) Florida Statutes,
1983. An arterial road is generally continuous and is used as a
main traffic artery.
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2. "Collector road" shall be deemed to mean a road which
carries traffic from local roads to major thoroughfares and
includes the principal entrance roads to a residential subdivi-
sion and as otherwise defined in Section 334.03(16) Florida
Statutes, 1983.
3. "County road system" shall be as defined in Section
336.01 and 334.03(23), Florida Statutes, 1983.
4. "Governmental or subgovernmental agencies" shall be
deemed to mean the State of Florida and its various agencies and
departments, the United States of America and its various
agencies and departments, political subdivisions of the State of
Florida, including counties, incorporated municipalities of the
State of Florida, drainage districts, and such taxing districts
and special agencies and bodies as are created by County Ordi-
nances, Florida Statute or by Special Act of the Legislature, and
as otherwise defined in Section 334.03(3), Florida Statutes, 1984
Supplement.
5. "Local road" shall be deemed to mean a road designed
and maintained primarily to provide access to abutting property,
and as otherwise defined in Section 334.03(17) Florida Statutes,
1983. A local road is of limited continuity and not for through
traffic.
6. "Permit" shall be deemed to mean the written permission
of the board of county commissioners through the office of the
county public works director to enter onto the public rights -of -
way within the county road system to perform the construction or
installation as specified in that instrument.
7. "Permittee" shall be deemed to mean any individual,
firm, association, syndicate, co -partnership, corporation, trust
or any other legal unit commencing proceedings under this ordi-
nance or obtaining a permit as provided herein to effect con-
struction within the public rights -of -way of the county.
8. "Public rights -of -way" means land that is dedicated or
deeded to (or is now used or will be used by) the county as a
road, street, alley, walkway, drainage facility, access for
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ingress and egress, or for other purposes including those rights -
of -way within municipalities which by virtue of bilateral agree-
ments between the municipality and the county are subject to the
jurisdiction and control of the county public works department;
and those state secondary roads for which maintenance has been
assigned to and accepted by the county and as otherwise provided
for in Section 335.04 Florida Statutes, 1984 Supplement. Until
such time as the board of county commissioners accepts ownership
and responsibility for the maintenance of a right-of-way, it
shall not be considered part of the public rights -of -way for the
purposes of this article except in cases where the title to such
right-of-way was vested in the county prior to June 11, 1963.
9. "Public or private utility" shall include any pipeline,
gas, electric, heat, water, oil, sewer, telephone, telegraph,
radio, cable television, transportation, communication or other
system by whomsoever owned and operated for public use including,
but not limited to, the Florida Keys Aqueduct Authority, Southern
Bell, City Electric System, The Florida Keys Electric Cooperative
Association,Tnc. and/or their successors, affiliates, subsid-
iaries or assigns. (See Section 876.37, Florida Statutes, 1983).
10. "Public Works Manual" shall be deemed to mean the
current edition of the "Monroe County Public Works Manual, Parts
1 & 2".
11. "Road" shall be as defined in Section 334.03(7),
Florida Statutes, 1983.
Section 9. Section 16-21.1, Monroe County Code, is created
to read:
Sec. 16-21.1. Public and private utility; Special provisions and
general permits.
All public and private utilities as defined by Section 8,
Paragraph 9 of this Ordinance are hereby granted a general and
continuing permit to perform maintenance and emergency repairs as
may be required to maintain their service, without the issuance
of a formal permit or the payment of a fee, except as provided
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for in subparagraph (1) below and, subject, however, to the
notice requirements of subparagraph (3) below.
(1) A formal permit will be required by a public or private
utility without the payment of a fee when:
(a) Installation or repair of a service will cause
damage to an existing roadway or disrupt a previously permitted
or grandfathered driveway access or other permitted feature in
the county right-of-way.
(b) In cases where an emergency repair causes damage
to an existing roadway, an after -the -fact permit will be issued
the next business day. See Section 17 hereof.
(2) Any work other than installation of a wooden or con-
crete pole and overhead wires that a utility proposes to accom-
plish in the county right-of-way that will be accomplished within
6 feet of an existing roadway or any other previously permitted
features within the county right-of-way will be brought to the
attention of the director of public works, or his designated
representative, for a determination as to possible affect on the
roadway or other permitted features and whether the issuance of a
permit is required.
(3) A permit will not be required when a public or private
utility will perform work in the county right-of-way that will
not cause damage to any county -owned or permitted feature within
the right-of-way, provided, however, that the public works
department is duly noticed in writing by the public or private
utility that such work will be in progress and when completion is
anticipated.
(4) Request for permits as prescribed by Paragraph 1 of
this Section with the exception of an emergency repair permit
(see Paragraph 5) will be as prescribed by the Section 10 appli-
cation procedures of this Ordinance. No fee will be required.
Insurance and bonding requirements as outlined in Section 11 are
waived for a public or private utility, however, a subcontractor
for a public or private utility shall be required to obtain such
E:?
insurance and bonding and the public or private utility shall
submit evidence of such insurance and bonding to the director of
public works or his representative prior to the commencement of
work by a subcontractor.
(5) Emergency repair of a utility as prescribed by subpara-
graph l.b. may be accomplished immediately and a permit request
in a written form outlining the type of work to be done, and the
location, may be obtained the next business day from the director
of public works or his designated representative.
(6) It is not the intent of this Section to restrict a
public or private utility in any way from performing their
service to the public as required and and regulated by the Public
Service Commission or the applicable Florida Statutes, however,
as prescribed by Section 337.112 and 337.113 of the 1984 Supple-
ment to the Florida Statutes, local government entities have
statutory authority to issue permits and prescribe and enforce
reasonable rules or regulations pertaining to the use of those
right-of-ways under their jurisdictional control. Pursuant to
§337.113, Florida Statutes, 1984 Supplement, public or private
utilities granted the right to use the right-of-way have a duty
and the county requires that they restore a public road or public
right-of-way to its original condition at the public or private
utility's expense when such facility is damaged in the course of
installing, repairing or maintaining physical plant by that
utility.
(7) Pursuant to Section 337.114, Florida Statutes, 1984
Supplement, the physical plant of any public or private utility
heretofore or hereafter placed upon, over or along any public
road that is found by the county to be unreasonably interfering
in any way with the convenient, safe, or continuous use or
maintenance, improvement, extension or expansion of such public
road shall, upon 30 days' written notice to the public or private
utility or its agent by the board of county commissioners, be
removed or relocated by such public or private utility at its own
expense.
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(8) Construction standards and specifications as outlined
in Section 14 hereof, shall be incorporated into all work accom-
plished for a public or private utility by its own personnel or
contracted out to county or state licensed contractors. A
concrete slab is not required when repairing roadways, however,
the utility will assure and certify to the county that the base
being installed as a result of excavation within a right-of-way
conforms to county standards and has been compacted to a density
not less than 98% of density as determined by the AASHTO Test
Method T-180.
Section 10. Section 16-22, Monroe County Code, is amended
to read:
Sec. 16-22. Application procedures.
All applications for county public right-of-way use permits;
accompanied by the appropriate fee; and including four (4)
sketches, plans or drawings, of the proposed construction or
alteration, shall be submitted to the county public works direc-
tor. All construction within county public rights -of -way shall
conform to and meet the technical standards and specifications of
the county as contained in the document entitled "Public Works
Manual: Standard Specifications and Details"; and/or Chapter 17
of this Code (Subdivision Regulations), as applicable. Applica-
tions for access to, or construction within state road rights -of -
way shall be submitted to the Florida Department of Transporta-
tion.
All applications for county public right-of-way use permits
submitted by the owner or permittee, his engineers or legal
representative shall contain the follows:
(1) Name, address, including zip code, and telephone number
of the owner and permittee, and his or their engineers.
(2) Name, address including zip code, and telephone number
of the applicant's authorized agent for permit application
coordination; together with proof of authorization.
(3) General description of the proposed project, its
purpose and intended use, including a description of the nature
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and type of construction; composition etc.; date when the activi-
ty is proposed to commence and approximate date when the proposed
activity sill be completed including legal description, or street
address and approximate nearest mile marker and key; and an
explanation or detailing of any additional information reasonably
required by the public works director, including, as applicable;
survey drawings; aerial photographs, topographic maps, soil
percolation test, etc.
(4) Four (4) copies of sketches, plans or drawings of the
proposed construction or alterations showing: project location;
location within the right-of-way; and typical cross -sections of
topographical and drainage details showing existing utilities,
underdrains, culverts, headwalls, driveways, or any other exist-
ing structures, if affected by the activity together with all
proposed structures, modifications and activities when deemed
necessary by the public works department. All drainage struc-
tures shall be constructed in accordance with the county public
works manual. The drawings shall be drawn to scale, or otherwise
prepared so as to reasonably depict the activity and shall show a
north arrow for orientation.
Section 11. Section 16-23, Monroe County Code, is amended
to read:
Sec. 16-23. Insurance and bonding.
(a) Insurance. Unless specifically waived by the board of
county commissioners, or the county public works director, the
permit shall not be effective for any purpose whatsoever until
applicant, or his designated representative, delivers to the
county public works director a certificate of general liability
insurance and automobile liability insurance with combined single
limits of liability of no less than $300,000 for bodily injury
and property damage coverage equal to or in excess of the follow-
ing limits: three hundred thousand dollars ($300,000.00)
combined single limit for property damage and/or bodily injury.
The certificate of insurance shall name the county as an addi-
tional insured, shall be effective for all periods of work
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covered by this use permit, and shall be in a form acceptable to
the county public works director. A statement of insurance from
a self -insured entity may be accepted as a substitute.
(b) Bonding. An executed Right-of-way Bond or other form
of surety acceptable to the public works director may, at the
discretion of the public works director, be required in an amount
equal to 110% of the estimated cost of construction. Said Bond
shall be in effect for a period of not less than 30 days and not
more than 90 days after final inspection and acceptance of work
by the public works department. A letter guaranteeing perfor-
mance of work may be deemed acceptable in lieu of a bond. All
restoration shall leave the right-of-way or easement in a condi-
tion which is as good or better than that which existed prior to
construction.
Section 12. Section 16-24, Monroe County Code is amended
to read:
Sec. 16-24. General provisions.
(a) Where any county road or right-of-way is damaged or
impaired in any way because of construction, installation,
inspection or repair work by any permittee pursuant to this
ordinance, the permittee shall, at his own expense, promptly
restore the road right-of-way as nearly as possible to its
original condition before such damage. If the permittee fails to
make such restoration, the county is authorized to do so and
charge the cost thereof against the permittee in accordance with
the provisions of Sections 337.113, 337.114 and 337.115, Florida
Statutes, 1984 Supplement and 125.42, Florida Statutes, 1983.
(b) The applicant shall declare that all existing aerial
and underground utilities will be located and the appropriate
utilities notified of the proposed work if conflicts should
exist.
(c) The applicant receiving a permit shall make all neces-
sary provisions for the accommodation and convenience of traffic
and shall take such safety measures, including the placing and
display of caution signs and signals as required by applicable
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provisions of the current edition of the Florida Department of
Transportation Manual on Uniform Traffic Control Devices for
Streets and Highways. The applicant shall further prevent
obstructions or conditions which are or may become dangerous to
the traveling public. The authority to temporarily close off a
street or easement in its entirety rests entirely with the board
of county commissioners.
(d) The applicant shall notify in writing the sheriff's
department and the concerned ambulance and fire districts prior
to any street closing (when approved by the board of county
commissioners).
(e) Fire Hydrants shall be left accessible at all times.
(f) All permitted work will be subject to inspection by the
county public works department.
(g) Existing utility service shall not be disrupted without
specific authority of the concerned utility and public notifica-
tion by newspapers or the airways, that the disruption will
occur. Repairs determined to be of an emergency nature are not
subject to the notification procedure.
Section 13. Section 16-25, Monroe County Code, is amended
to read:
Sec. 16-25. Access driveways.
(a) Request to install single family residential driveway
accesses shall be submitted indicating the street address, lot
and block number, a description of the nature of the construction
(size), and the amount of intrusion into the county right-of-way.
No insurance or bonding is required.
(b) Access driveways onto rights -of -way shall be limited to
the least possible number required to adequately serve the
intended use and shall conform to all applicable traffic safety
standards. Prior to installation within county right-of-way the
application shall be reviewed by the public works director
regarding any affects on sidewalks, ditches, swales, curbs, or
other facilities located within rights -of -way or easements. Once
a permit is issued, all construction and improvements shall be
subject to inspection by the public works department.
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Section 14. Section 16-26, Monroe County Code, reads:
Sec. 16-26. Construction Standards and specifications.
All construction, repairs and/or restorations within county
public rights -of -way and easements shall conform to the technical
standards and specifications as contained in the current edition
of the "Monroe County Public Works Manual", which manual is
hereby adopted pursuant hereto and, by reference, incorporated
herein.
Section 15. Section 16-27, Monroe County Code, is amended
to read:
Sec. 16-27. Fees.
(a) The board of county commissioners hereby establishes
reasonable application and permit fees to be charged by the
public works department for activities permitted hereunder.
(b) The following fee schedule shall be applied to all
construction or installation upon or within the public rights -of -
way, except in the following instances:
(1) Where the construction performed is for the benefit of
a governmental or subgovernmental agency and applicable fees are
specifically waived on an individual project -by -project basis by
the director of public works;
(2) Where the permittee is under contract to deliver the
constructed project over to a governmental agency upon completion
of the project and the director of public works has waived
applicable fees for such project consistent with sub -paragraph 1;
(3) Where the right-of-way lies within the corporate
boundaries of a municipality and the municipality charges a
permit fee for inspection of the same construction or installa-
tion work.
(4) Work performed by a public or private utility as
outlined in Section 9.
(c) The permit fees designated hereinafter shall be payable
upon issuance of the said construction permit in an amount
determined by the public works director pursuant to the following
schedule. In the event a construction permit is denied, only the
application fee shall be payable.
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(d) The public works department shall charge and collect
fees for the items and rates listed in the following schedules:
(1) "Application Fee." A nonrefundable processing fee of
ten dollars ($10.00) shall accompany all the county public
right-of-way use permit applications. If the permit application
is approved, the application fee will be applied to the permit
fees as detailed under subsection (2) below.
(2) "Permit Fees." Fees for public works construction,
under permit issued by the public works department, in canal,
road and street rights -of -way and easements in the unincorporated
area of the county and in rights -of -way of canals, roads and
streets located within municipalities that are maintained by the
county are fixed as follows:
a. For installation or repair of sanitary and
storm sewers, waterlines, gas lines, and
other underground utilities:
For 100 lineal feet or less ..................$ 14.00
For
each additional 100 lineal feet or
fraction
thereof .............................$
6.25
b. For
french drains, consisting of catch basin
and
seepage trench or slab covered trench:
For
the installation consisting of one
or
two catch basins, and seepage trench
or
soakage pit of lengths not to exceed
100
lineal feet ..............................$
12.50
C. For
construction or replacement of sidewalks,
curb and gutter:
For
100 lineal feet or less ..................$
12.50
For
each additional 100 lineal feet
or fraction thereof ..........................$
6.25
d. For
construction of driveways:
For
driveway width of 20 feet or less ........
$ 10.00
For
driveway width greater than 20 feet
but
less than 40 feet: (each driveway) ......
$ 15.00
For
driveway width greater than 40 feet
(each driveway) ..............................$
20.00
e. For
construction of street pavements:
(i)
One lane or two lane pavements
(width of pavement 0 to 24 feet)
For 100 lineal feet or less .............$
25.00
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For each additional 100 lineal feet
or fraction thereof .....................$ 10.00
(ii) Three or more lanes of pavement
(aggregate width greater than 24 feet):
For 100 lineal feet or less .............$ 50.00
For each additional 100 lineal feet
or fraction thereof .....................$ 25.00
f. For paving or parkways and shoulders:
For 100 lineal feet or less ..................$ 25.00
For each additional 100 lineal feet
or fraction thereof ..........................$ 12.50
g. For construction of curb separators:
For 100 lineal feet or less ..................$ 12.50
For each additional 100 lineal feet
or fraction thereof ..........................$ 5.00
h. For construction of bridges:
For bridge roadway area of 1000 square
feet or less .................................$ 100.00
For each additional 100 square feet .......... $ 25.00
i. For installation of permanent -type traffic
barricades, guardrails and guide posts:
For each 100 lineal feet or less .............$ 12.50
j. For construction of street or driveway
culvert crossing of canals and drainage
ditches: (not controlled by DER):
For each lineal foot pipe ....................$ 1.00
per foot of pipe diameter or
fraction thereof.
A permit fee for a multiple -pipe culvert shall be
determined by regarding the aggregate lengths as
1 continuous pipe.
(3) "Penalty Fees."
a. When work for which permit is required is
commenced prior to obtaining a permit, a penalty
fee will be imposed. If applicant can show that
failure to apply for a permit is based on a good
faith belief that the construction is not
affecting the county right-of-way, the penalty fee
may be waived at the discretion of the public
works director; provided however, that violators
promptly apply for a permit and pay all applicable
fees.
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b. The penalty fee will be twenty-five dollars
($25.00) plus double the original permit fee.
C. The payment of such penalty fee shall not relieve
any person, firm, or corporation from fully
complying with all of the requirements of all
applicable regulations and codes, nor shall it
relieve them from being subject to any of the
penalties therein.
Section 16. Section 16-28, Monroe County Code, is amended
to read:
Sec. 16-28. Relocation upon notice by the public works director.
All permission granted for construction under this ordinance
does not constitute and shall not be construed as permitting a
permanent installation within any public right-of-way. Any
facility permitted within the public right-of-way shall be
relocated or reconstructed by the owner at his sole cost and
expense when in irreconcilable conflict with any construction,
reconstruction, or any project performed by the county or its
authorized representative, which is deemed to be in the interest
of the general public within thirty (30) days of the request. It
shall be the responsibility of the public works director to
provide notice to the affected permittees at the earliest possi-
ble time prior thereto of any such conflicts, whether actual,
possible or planned. Where the owner requests additional time up
to a maximum of 180 days, this may be granted by the office of
the public works director upon receipt of a letter stating
adequate grounds to support the owner's position that additional
time is necessary to complete the relocation. If the extension
of time requested by the owner is denied by the public works
director of an extension in excess of 180 days is desired by the
owner, the owner may appeal to the board of county commissioners
by written request and the time for relocation shall be stayed
while the appeal is pending. Where the county has requested a
relocation, permits will be required to approve the new sites of
the utility facility, but permit fees shall be waived. Utility
17
placements and relocations shall be governed by the prescriptions
of Sections 337.112, 337.113, 337.114 and 337.115, Florida
Statutes, 1984 Supplement, or such other enactments as supersede
the aforesaid sections.
Section 17. Section 16-29, Monroe County Code, is amended
to read:
Sec. 16-29. Emergency repairs.
In the event of an emergency requiring repairs by utility
companies to some portion of their facilities, nothing in this
ordinance shall be deemed to prohibit the making of such repairs,
however, that emergency repairs shall be reported to the county
public works director the next business day as provided for in
Section 9 hereof. Traffic safety measures must be implemented by
the utility. Work performed as a result of such emergency
repairs may continue pending the granting of an after -the -fact
permit.
Section 18. Section 16-30, Monroe County Code, reads:
Sec. 16-30. Appeals.
Any party claiming to be aggrieved by a decision of the
public works director may appeal to the board of county commis-
sioners by filing a written notice of appeal with the public
works director within thirty (30) days of the date of denial.
Section 19. Section 16-31, Monroe County Code,is amended
to read:
Sec. 16-31. Time limits.
A. Within seven (7) days after receipt of an application
for a permit under this chapter, the director of public works
shall review the application and shall request submittal of any
additional information the director is permitted by law to
require. If the applicant believes any request for additional
information is not authorized by law or departmental rule, the
applicant may file an appeal to the board of county commissioners
pursuant to Section 18 above. Within fifteen (15) days after
receipt of such additional information, the director shall review
EU:?
it and may request only that information needed to clarify such
additional information or to answer new questions raised by or
directly related to such additional information. If the appli-
cant believes the request of the director for such additional
information is not authorized by law or department rule, the
department, at the applicant's request, shall proceed to process
the permit application. Permits shall be approved or denied
within thirty (30) days after receipt of the original applica-
tion, the last item of timely requested additional material, or
the applicant's written request to begin processing the permit
application. If the application is not approved or denied in
writing within thirty (30) days, it shall be deemed approved.
Applications for permits may be denied solely on the basis of
actual and irreconcilable conflict of the proposed work with
provisions of the public works manual. Any denial of an applica-
tion must state the specific basis upon which the denial is
based. The permit shall be considered valid for six (6) months
beginning on the date of issuance unless the commencement date
shall be beyond such time. If work does not commence by the end
of this period, the permit shall be considered void and reappli-
cation will be necessary. Work must be completed by the com-
pletion date indicated on the application unless the permit is
extended upon request to the department of public works with an
explanation of the basis for such request.
B. A request may be made to the director of public works
with the filing of an application for expedited review and
processing, and provided that all information required as de-
scribed in "A" above is submitted with said application, the
director shall make a reasonable effort to review and process the
same within 5 days after receipt.
Section 20. Section 16-32, Monroe County Code, is amended
to read:
Sec. 16-32. Restoration and penalty.
No person shall use county rights -of -way or easements for
any purpose for which a permit is required by this ordinance
19
without first obtaining a permit therefore unless said use is
existing upon the effective date hereof or unless otherwise
authorized by law. In the event county rights -of -way or ease-
ments are used and/or construction takes place without a permit,
upon written notice by the public works director, the person
shall apply for an after -the -fact permit and pay all fees and
penalties therefor and shall restore the area to its original
condition and cease any nonpermitted use except as noted in
Section 15(3) above. Failure to so respond shall be punishable
as provided for in Section 125.69, Florida Statutes, 1983.
Section 21. Section 18, Monroe County Ordinance No. 19-
1983, reads:
Section 18. Inclusion in Code.
It is the intention of the County Commission, and it is
hereby ordained that the provisions of this Ordinance shall
become and be made a part of the Code of Laws and Ordinances of
Monroe County, Florida and shall be incorporated therein as
Chapter 16, entitled "Streets and Highways"; and that the
sections of this Ordinance may be renumbered or relettered to
accomplish such intention, and the word "Ordinance" may be
changed to "section", "article", "chapter" or other appropriate
word.
Section 22. Section 19, Monroe County Ordinance No. 19-
1983, reads:
Section 19. Repeal of Existing Section of Code.
Section 19-130 of the presently existing Monroe County Code
of Ordinances be and the same is hereby repealed by the enactment
of this ordinance.
Section 23. Section 20, Monroe County Ordinance No. 19-
1983, reads:
Section 20. Revisions.
The Board of County Commissioners shall have the authority
to make any changes and/or revisions, to this ordinance, which
they deem necessary, and in the interest of the public.
Section 24. Section 21, Monroe County Ordinance No. 19-
1983, reads:
we
Section 21. Severability.
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 25. Section 22, Monroe County Ordinance No. 19-
1983, reads (and the same is hereby readopted as to this ordi-
nance):
Section 22. Effective Date.
The provisions of this ordinance shall become effective upon
receipt from the Florida Department of State of Official Acknowl-
edgement that this Ordinance has been filed with the Department
of State.
PASSED AND ADOPTED: This llth day of January, 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
� w
By l •`.,.
ayor C airman
(Seal)
Attest : DAM L. gOLHAGE, Clerk
ZZ
i r
er
Acknowledged by the Department-,
epartment State of the State of Florida,
on this the A K day of ' 1985.
APPROVED AS TO FORM
AND GAL SUFfICIENC7
RY
Attorney's Office lJ�
') 1
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Friday, December 14, 1984 at 5:00 P.M. at the Marathon
Sub -Courthouse, Marathon, Monroe County, Florida, and January 11,
1985 at 5:00 P.M. at the Plantation Key Governmental Center,
Plantation Key, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the
adoption of the following County Ordinance:
ORDINANCE NO. -1984
AN ORDINANCE RELATED TO STREETS AND HIGHWAYS AND
PUBLIC RIGHT-OF-WAY USE PERMITTING MATTERS
CONNECTED THEREWITH; AMENDING AND REVISING THE
TITLE AND PREAMBLE OF MONROE COUNTY ORDINANCE NO.
19-1983, AND SECTIONS 16-18, 16-19, 16-20 AND
16-21 MONROE COUNTY CODE, TO CONFORM TO
SUBSEQUENT ENACTMENTS; CREATING SECTION 16.21.1,
MONROE COUNTY CODE, RELATING TO SPECIAL
PROVISIONS AND GENERAL PERMITS FOR PUBLIC OR
PRIVATE UTILITIES; AMENDING AND REVISING SECTIONS
16-22, 16-23, 16-24, AND 16-25, MONROE COUNTY
CODE TO MODIFY PERMIT APPLICATION PROCEDURES,
INSURANCE AND BONDING REQUIREMENTS, GENERAL PRO-
VISIONS AND ACCESS DRIVEWAY PROVISIONS; AMENDING
AND REVISING SECTIONS 16-27, 16-28, AND 16-29,
MONROE COUNTY CODE, PROVIDING FOR REDUCED PERMIT
APPLICATION FEES, PROVIDING FOR NOTICE OF
CONFLICTS TO PERMITTEES AND TO CONFORM TO
SUBSEQUENT ENACTMENTS; AMENDING AND REVISING
SECTIONS 16-31 AND 16-32, MONROE COUNTY CODE,
PROVIDING FOR TIME LIMITS AND RESTORATION AND
PENALTY; READOPTING SECTION 22, MONROE COUNTY
ORDINANCE NO. 19-1983; PROVIDING FOR AN EFFECTIVE
DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearings or
meetings, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
DATED at Key West, Florida, this 15th day of November, 1984.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
PROOF OF PUBLICATION
SERVING THE UPPER KEYS
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authc:rity personally appeared D(-EGNY WOLFF
who on oath, says that he is EDITOR 4a PUDIISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOTICE
IN THE MATTER OF ri }TICrt r in:Tr_j.,Tj()p;
tea— —T. • T +'s: i' i'�i •.
in the Court, was published in sa
newspaper in the issues of
Affiant further says that the said REPORTER
newspaper published at Tavernier, in said Monroe C
Florida, and that the said newspaper has heretofo
continuously published in the said Monroe County,
each week (on Thursday), and has been entered as
class mail matter at the Post Office in Tavernier:
County of Monroe, Florida, for a period of one yel
preceding the first publication of the attached c!
advertisement; and affiant further says that he h!
paid nor promised any firm, person, or corporation
discount, rebate, commission or refund for the pu;,
I
securing this said advertisement for publication
said newspaper.
6f
J I
SEA CiTe i
SWORN T AND SUB IBED=BEFORE ME =THIS
, u d
DAY OF JANUAkY ••A.D.,19
NOTICE OF INTENTIONTO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREI3Y GIVE 1'D WHOM IT MAY CONCERN that on Friday,
December 14, 1984 at 5:00 PNnroeunt
e Marathon Sub -Courthouse, Marathon,
Monroe Countv, Florida , and da, 1985 at 5:00 P.M. at the Plantation Key
Governmental Center, PlantatMonroe County, Florida, the Board of
County Commissioners of Moy, Florida, intends to consider the
adoption of the following County Ordinance;
ORDINANCE NO. -1984
AN ORDINANCE. RELATED TO STREETS AND HIGHWAYS AND PUBLIC
RIGHT-OF-WAY USE -PERMITTING MATTERS CONNECTED THEREWITH;
AMENDING AND REVISING THE TITLE AND PREAMBLE OF MONROE
COUNTY ORDINANCE NO. 19-1983, AND SECTIONS 16-18, 16-19, 16-20 AND
16-21 MONROE COUNTY CODE., TO CONFORM TO SUBSEQUENT
ENACTMENTS; CREATING SECTION 16.21.1, MONROE COUNTY CODE',
RELATING TO SPECIAL PROVISIONS AND GENERAL PERMITS FOR
PUBLIC OR PRIVATE UTILITIES; AMENDING AND REVISING SECTIONS
16-22, 16-23, 16-24, AND 16-25, MONROE COUNTY CODE TO MODIFY
PERMIT APPLICATION PROCEDURES, INSURANCE AND BONDING
REQUIREMENTS, GENERAL PROVISIONS AND ACCESS DRIVEWAY
PROVISIONS; AMENDING AND REVISING SECTIONS 16-27, 16-28, AND 16-
'29, MONROE COUNTY CODE., PROVIDING FOR REDUCED PERMIT
APPLICATION FEES, PROVIDING FOR NOTICE OF CONFLICTS TO
PERMITTEES AND TO CONFORM TO SUBSEQUENT ENACTMENTS:
AMENDING AND REVISING SECTIONS 16-31 AND 16-32, MONROE
COUNTY CODE, PROVIDING FOR TIME LIMITS AND RESTORATION AND
PENALTY; READOPTING SECTION 22, MONROE COUNTY ORDINANCE
NO. 19-1983; PROVIDING FOR AN EFFECTIVE. DATE..
Pursuant to Section 286.0105, Floria Statutes, notice is given that if a per.,on
decided to appeal any decision made by the Board with respect to ,any matter
considered at such hearings or meetings, he will need a record of the proceedings,
and that, for such purpose, he may need to ensure thata verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based.
DATE. D at Key West, Florida, this 1:5th day. of November, 1984.
DANNY L. KOLHAGE
Clerk of the Circuit Court
ofMonroe Coun , Florida
and ex officio Cl' k of the
Board of Countv Comn 'ssioners
of Monroe Counts Florida
Published: 11/15 1216184 & 113/85
The Reporter
Tavernier„FL 33070
NOT,jj_p•q—AFF1BL'IiC4 _:r/-,Ic yr �. •,••,
�.:
SAY. Cs5WM I.oN EXPIRES APR 2 1987
MY COMMISSION EXPIRES' C:RIP.AL INSURANCE UND,
.'' PROOF OF PUBLICATION
c
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared R . B . Rutherford , who on oath, says
General Manager
that he is of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe Count Florida; that the attached co INTENT TO CONSIDER ORDINANCE
Y, copy of advertisement, being a
IN THE MATTER OF Related to Streets & Hwys , & Public Right of Way in the
Court, was published in said
MONROf - '-C.QUNTY'
newspaper in the issues of Nov. 1 5 , 1 9 8 4 CODE, PROVIDING FOR NOTICE OF
INTENTION TO i! REDUCED PERMIT AP- CONSIDER ADOPTION
VIDINGIFO FEES PRO- i
VI NFL FOR NOTICE OF ORDINANCES
Affiant further says that the said FLORIDA KEYS KEYNOTER is a new CUNTY
ONFLICTS TO PERMIT -
TEES AND TO CONFORN� NOTICE IS HEREBY GIVEN,
TO SUBSEQUENT EN- TO WHOM IT MAY CON=
ACTMENTS• AMENDING CERN that on Fridayy- Decem-
thon, in said Monroe County, Florida, and that the said newspaper has her, AND REVISING SEC- ber 14 1984 at-5:00-P,:M.. of the
MONROE
16-.31 AND COUNTY
Marathon Sub -Courthouse,
C COUNT`% Marathon, Monroe .County, CODE, PROVIDING FOR Florida, and January- 11, 1984
published in said Monroe County, Florida, each week (on Thursday) and ha TIME LIMITS AND RES- at 5:00 P.M. of the Plantation TORATION AND PENAL- Key Governmental.,:iCenter,1
TY READOPTING SEC- Plantation Key, Monroe Coun- T16N 22, MONRO COUN-
class mail matter at the post office in Marathon, in said Monroe County, F E tY, Florida, the Board of'Coun-
Y TY ORDINANCE NO. fv Commissioners of Monroe
19-1983 PROVIDING FOR County, Florida, Antends'•to
AN nt to Section
DATE. consider the addphon of, -the
year next preceding the first publication of the attached copy of adverti Pursuant to section 2e6.0105, }ollowing County Ordinance:
Florida Statutes, notice is given ORDINANCE NO.�.::.�
that if a person decided to ap- -1984
eal any decision made by the AN OROINAN .': -1 -
says that he has neither aid nor promised an person,firm, or corporation : Hoard with respect. to any 1 CE
Y p p Y p p matter considered at such ED -TO STREETS AND
hearings or meetings, he will HIGHWAYS -AND. PUBLIC
need a record of the proceed- RIGHT-OF-WAY.:. •ISEr
mission or refund for the purpose of securing this advertisement for publicati ings, and that, for such our-
PERMITTING MATTERS
CONNECTED THERE;
Pose,
he may need to ensure WIT
A'ND.
that a verbatim record of the REVISING THE TtTL'Eti
' proceedings is made, which AND.; PREAMBLE 7'OFo
record includes the testimony MONROE COUNTY�ORD1::;
and evidence upon which the NANCE NO. 19-1983' AND,
appeal is to be based. SECTIONS 16-18 16.49
D ATED of Key Wesf Florida, t6-20-AND 16-21 AAONROtfk
e' this 151h day of t+lovember 1984. COUNTY CODE TO CON
_ _ 1 DANNY L. KOLHAGE FORM!ITO SUB§EQUENT
Clerk -of the Circuit Court of ENACTMENTS; CREAT-
(SEAL) - _ - - of Monroe County, Florida ING SECTION - 16:21.1 1
_ and ex officio Clerk of the! NON ROE COUNT`
_ Board CODE RELATING TO
of County Commission-i'
SPECIF,L PROVISIONS `
c of Monroe County, Florid SWORN T N SUHa AND GENERAL PER- ,
CRIBEI� BEFORE ME THIS Publish: Nov. 15, 1984 MITS FOR PUBLIC OR
_ Florida Keys Keynoter PRIVATE UTILITIES;
AMENDING AND REVIS-
DAY O A.D. 19 I ING SECTIONS 16-22,
16-23, 16 24, AND 16 25
MONROff COUNTY CODE'
TO MODIFY PERMIT AP-
PLICAIION PROCE-
DURES, INSURANCE
NO,AND BONDING PUB ATE OF FLOR RE-
QUIREMENTS GENER-
ONNISSION EXP. AUG 14 1980 AL PROVISIONS AND AC-
v I CESS DRIVEWAY PROVI-
NDED THRU GENERAL ItIS. UNDo ., SONS; AMENDINGAND
L a PROOF OF PUBLICATION -
i ,
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared R . B . Rutherford who on oath, says
General Manager
that he is of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a _C QN S T T) F. R F OR A T) OP T T n 1
IN THE MATTER OF STREETS T & HIGHWAYS in the
Court, was published in said
r--DURES,
newspaper in the issues of Dec. 6, 1 9 8 4 1 AND BONDING RE-
QUIREMENTS —
OGENER-
AL NOTICE OF
1 PROVISIONS AND AC- - - INTENTION TO
CESS DRIVEWAY PROVI-
Affiant further says that the said FLORIDA KEYS KEYNOTER is a nee REV19ING AMENDING
AND
OFOCOUNTY ORDINAINCE
16;M � 16-28 AND 16-29
4...� Nr)T[r F= I- HFRFRY GIVEI
thon, in said Monroe County, Florida, and that the said newspaper has he•
I
published in said Monroe County, Florida, each week (on Thursday) and h
class mail matter at the post office in Marathon, in said Monroe County, I
year next preceding the first publication of the attached copy of advertij
says that he has neither paid nor promised any person, firm, or corporation
mission or refund for the purpose of securing this advertisement for publicaft
(SEAL)
SWORN TO SUBSCRIBED BEFORE ME THIS R
DAY OF fC"L %�c L t/L/ I A.D. 19 u
z i
A
t
I IUN:eZ MUNKVt I,UUN— T
TY ORDINANCE NO. t
19=1983- PROVIDING -FOR
AN EFFECTIVE DATE." ;
Pursuant to Section 286.0105,
Florida Statutes, notice is given
hat if a person decided to ap-
peal any decision made by the II
Board , with respect to any t
matter considered at such
hearings or meetings, he will.
need a record of the proceed-
ings, and that, for such Pur-
pose, he may need to ensure
that a verbatim ,record of the
proceedings is made, which I
record includes the testimony
and evidence upond. which the•
appeal is to be base
DATED at Key West, Florida,
this 15th day of November,
1984.
DANNY L. KOLHAGrt
Clerk of the Circuit Court _
of Monroe County, Florida
and ex offiycio Clerk of the
BoaofMoof nrroe 1Coun Y,sFlor da
Publish: Dec. 6 1984
Florida Keys Keynoter
'anon Key,.A'onroe Cc; un-
lorida, the Board of Coun-
ommissioners of Monroe
tv, Florida, intends ---to
'.der the adoption of - the
vinCounty Ordinance:.
ORDIeNANCE NO.
-1984
ii3OTO 1 STREETSE AND
�HWA•YS AND PUBLIC
iHT-OF-WAY USE
RMITTING MATTERS
NNECTED THERE-f
TH AMENDING AND
VlSING THE TITLE '
ID • PREAMBLE OF
)NROE COUNTY ORDI-
NCE NO. 19-1983, AND
CTIONS 16-18 16-19
20 AND 16-21 AAONROff
UNTY CODE TO CON-
RM TO SUBtEQUENT
IACTMENTS• CRREAT-
SECTIOfJ 16.21.1
)NROE COUNT
Ij
DE, RELATING TO
ECIAL PROVISIONS
ID GENERAL PER-
TS FOR PUBLIC -OR
IVATE UTILITIES;
LENDING AND REVIS-
SECTIONS 16-22,
23, 16 24, AND 16-25
)NRO� COUNTY'CODE'
MODIFY PERMIT AP-
ICATION ..• ,PROCE-
A'Ry PUfiCIC STATE OF FCORMA
COMMISSION EXP. AVG 14,1980
NO TP90 CFNFPAI ills- iutn
r=1'• PROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared R • B . Rutherford , who on oath, says
that he is G P n P r A 1 M a n a g P r of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a ADOPTION OF (-OTTNTy nRnTNANc'T
IN THE MATTER OF STREETS, HIGHWAYS & PUBLIC RIGHT -OF -WAX - in the
---- '
SURANCE AND BON ING
REQUIREMENTS GEN-
Jan. 3, 1985
newspaper in the issues of
ERAL SS ROVIDONS ANDD
i
-PROVISIONS' AMENDING r
AND REVISING
Affiant further says that the said FLORIDA KEYS KEYNOTER is a
SEC-
TIONS r"
6-29MONWOE CbUNTY j
COD PpOVIDING ,FOR I
REDUCE PERMIT
thon, in said Monroe County, Florida, and that the said newspaper hasf
FEESITPRO- j
VIDING FOR NOTICE OF '
CONFLICTS TO PERMIT- ;
TEES AND TO
i
published in said Monroe County, Florida, each week (on Thursday) an
CONFORM
TO SUBSEQUENT EN -
AMENDING
gqACTMENTS- )
SEC -
TIONS 16_311SANGD SEC
32
class mail matter at the post office in Marathon, in said Monroe County
MONROE. COUNTS t
- CODE, PROVIDING. FOR
TIME LIMITS AND RES-
TORATION PENAL-\
year next precedingthe first publication of the attached co of adv,
P copy
TY, OPTING SEC- {
SEC -
TIdN 22 MONROE COUN-
f
,
TY 0 DINANCE NO, t
19-1983•
says that he has neither paid nor promised any person, firm, or col orate
P
PROVIDING FOR
AN EFFECTIVE DATE.
Pursuant to Section 286.0
t
mission or refund for the purpose of securing this advertisement for publ`�
105
Florida Statutes, notice Is give m
that if a person decided to a pear any decision made by the
-T
Board with respect to
at
aeatirsetnnghrngs omeigs,
i
_ _ i _ f
� ~ ;
he
need a record of the Proceed-
Ings, and that, for such pur-
That ahverbatim erecord of
the Proceedings is made, which;
record Includes the testimony'
and evidence upon
(SEAL) — _ _
�._., J
which the
appeal is to be based.
DATED at Key West, Florida,
_ a
this 15th day of November, 1984.
�
DANNY 1_. KOLHAGE;
Clerk
SWORN TO AND SUBSCRIBED _BEFORE ME THIS
of the Circuit Cburh
of Monroe County, Florida
and ex offlcio Clerk of fhae
e�`
Board of County Commission
DAY OF A.D. 19
of Monroe County, Flon rsI
--
Publish: Jan. 3 1985
Florida Keys Keynoter i
TARY PU LIC STATE OF FLORIOA
Y COMMISSION EXP. AUG 14.1969
ourt, was published in said
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
wannp IL.oljage
CLERK OF THE CIRCUIT COURT
16TH JUDICIAL CIRCUIT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
RECORDER TEL. (305) 294-4641
COLLECTOR OF DELINQUENT TAXES
January 18, 1985
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
COUNTY CLERK
COUNTY AUDITOR
The Board of County Commissioners at a regular meeting in formal
session on January 11, 1985 adopted Ordinance No. 003-1985.
Enclosed please find a certified copy of this Ordinance.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of.-�ounty Commissioners
by Deputy Clerk
/ r 1 s
Enclosure
cc: Municipal Code Corp.
County Attorney
Public Works Dir.
Planning & Zoning
c--f-fle
`\'
0
T
a
u
L
L
L
P 637 717 48-
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent tOLiz Cloud,
Street and No.
De artment f
P.s� St to and ZIP Code
The 8apitol, Room 1802G
Pos�d.lahassee, F1 3
$O1
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to whom and Date Delivered
Return receipt showing
?
Date, and Address o
,/
i TOTAL Postage af F s
U�
i Postmark or Dat Q &
r
• SEpDPt1: Compiste itellte 1, 2.3 a
Put your address in the "RETURN TO' wad �.i the
reverse side. Failure to do this will prevent this card from
being returned to -you. The return rwA*M.fee will provide
you the name of the person delivered to and the data of
delivery. For additionel the following services are
available. Consult postmaster for fees and check boxes)
for services) requested.
1. ❑ Show to whom, date and address of delivery.
2. ❑ Restricted Delivery,
3. Article Addressed to:
LIZ CLOUD, CHIEF
BUREAU OF ADMINISTRATIVE CODE & LA
DEPARTMENT OF STATE
TALLAHASSEE, FLORIDA 32301
4. Type of Service:
Article Number
❑Registered ❑ Insured
P 637 717 488
❑ Certified ❑ COD
❑ Express Mail
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DATE DELIVERED.
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FLORIDA DEPARTMENT OFSTATE
George Firestone
Secretary of State
January 31, 1985
Honorable Danny L. Kolhage
Clerk of Circuit Court
16th Judicial Circuit
500 Whitehead Street
Key West, Florida 33040
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of January 18, 1985
and certified copy/ies of Monroe o n y
Ordinance No. 003-1985
LC/
2.
Receipt of
relative to:
(a)
(b)
which we have numbered
which we have numbered
County Ordinance/s
3. We have filed this/these Ordinance(s) in this office
on January 31, 1985,
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Cordially,
(Mrs. ) L' Cloud, Chief
Bureau of Administrative Code
and Laws
FLORIDA-State of the Arts