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Ordinance 026-2005 County Attorney ORDINANCE No. 026 - 2005 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING CHAPTER 2 OF THE MONROE COUNTY CODE ENTITLED "ADMINISTRATION" BY AMENDING SEC. 2-363 TO ALLOW THE COUNTY ATTORNEY TO AGREE TO SETTLEMENTS OF CLAIMS AND LmGA TION ON BEHALF OF MONROE COUNTY UNDER CERTAIN CIRCUMSTANCES WHEN THE COUNTY IS THE BENEFICIARY OF THE SETTLEMENT OR THE RECIPIENT OF FUNDS; AMENDING SEC. 2-363(3) IN ORDER TO CORRECT A SCRIVENER'S ERROR AND CLARIFYING THAT PAYMENT OF SETTLEMENT AMOUNTS FOR CLAIMS OR LAWSUITS ARE PAID BY THE COUNTY AND NOT BY THE COUNTY ATTORNEY; 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 WHEREAS, Ordinance No. 039-2004 was enacted to provide authority to the County Attorney for Monroe County to settle claims and lawsuits under certain circumstances; and WHEREAS, Ordinance No. 039-2004 gave authority to the County Attorney to settle claims and lawsuits when Monroe County paid the settlement funds, but not when Monroe County received the settlement funds; and WHEREAS, Ordinance No. 039-2004 states incorrectly that the County Attorney has authority to settle claims and lawsuits with approval of the Board of County Commissioners where the settlement amount to be paid by the County Attorney is in excess of twenty-five thousand dollars; and WHEREAS, the County Attorney does not pay settlements from his funds or budget and the word "Attorney" was inserted in error; and WHEREAS, after codification of Ordinance No. 039-2004, Section 2-363(3) of the Monroe County Code of Ordinances reflects this incorrect wording; 1 NOW, mEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. See, 2-363 of the Monroe County Code is hereby amended as follows: Sec. 2-363. Settlement of claims and litigation. The County Attorney shall have the authority to settle any claim made by or 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: (1) By the County Attorney, in his or her judgment, when the settlement value or amount to be paid or received by the County does not exceed fifteen thousand dollars ($15,000.00). (2) By the County Attorney, with the written concurrence of the County Administrator, when the settlement value or amount to be paid or received by the County is in excess of fifteen thousand dollars ($15,000.00) and does not exceed twenty-five thousand dollars ($25,000.00). (3) By the County Attorney, with prior approval of the Board lawfully authorized at a public meeting of the Board, where the settlement value or amount to be paid or received by the County is in excess of twenty-five thousand dollars ($25,000.00). Section 2, If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3, All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. 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 if necessary, shall be appropriately renumbered to conform to the uniform numbering system of the Code, Section 5. 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, 2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 28th day of September, 2005. Mayor Dixie M. Spehar Mayor Pro Tern Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner George Neugent Commissioner David Rice Yes Yes Yes Yes Not Present BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~~Jd >n ~ (SEAL) Attest: DANNY L.KOLHAGE, Clerk ~~ Depu Clerk By 3 Mayor Dixie M, Spehar ~ = -n 0 = r: 0 ~ % 0 f'l"l :o.~ ~ 0 0,.--< .." f"I'l?C 0 ("'). r- roo> on' ?J c:.~~ :;0 x?'o -0 rq -tor ~ C') -<-t::C - 0 . . )> 'Tl C> - :;;0 r- fTl &" 0 )> U) M.ONRc:1"COUNTY. ATTORNEY , rfl-VffjlIDJORM: ~ JOHN R. COLLINS D8te_~~1~,~~~OR~Y . - • GouNry • ;at 7�d .a I. • • E COUI(�• CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE BRANCH OFFICE PLANTATION KEY MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER 3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145 FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146 October 12, 2005 Ms. Liz Cloud, Program Administrator Administrative Code&Weekley R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 7002 2030 0001 2668 9471 Dear Ms. Cloud, Enclosed please find a certified copy of Ordinance No. 026-2005 amending Chapter 2 of the Monroe County Code entitled "Administration" by amending Sec. 2-363 to allow the County Attorney to agree to settlements of claims and litigation on behalf of Monroe County under certain circumstances when the County is the beneficiary of the settlement or the recipient of funds; amending Sec. 2-363(3) in order to correct a scrivener's error and clarifying that payment of settlement amounts for claims or lawsuits are paid by the County and not by the County Attorney; 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 at a regular meeting held in formal session on September 28, 2005. Should you have any questions please feel free to contact me at (305) 295-3130. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. Monroe County Clerk's Office OrdinancelVo.026-2005 cc: Municipal Code Corporation via certified mail 700220300001 26689488 County Administrator County Attorney Finance BOCC File r SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig/'ure. 0 Agent • item if tricted Deliveryre is desired.. /,A CO e �, 0 Addressee. •,Print your name and address on the reverse• L! so that we can return the card to you. B --..rived by(Printed ame) C. Date of Del'very ■ .Attach this card to the back of the mailpiece, r4 nC i r ��w� /� (� or on the front if space permits. D. Is delivery address different from Item 1? 0 Y° 1. Article Addressed to: If YES,enter delivery address below: 0 No Ms. Evelyn Jefferson Municipal Code Corporation PO Box 2235 Tallahassee FL 32316-2235 3. Service Type {tifiedMail CI Express Mail (Ordinance 026-2005) ❑Registered O Return.ReceiPt for.Merchandise O InsuredMail:. Q_CA:D. 4. Restricted Delivery?.'Exfra4e) 0 Yes 2. ArticleNrUmbel ; 70p2 2[]30''0001. '2668 9488 ' (Transfer from service label} I ' 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. 0 Agent, X 0 Addressee • Print your name and address on the reverse L - so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece,. or on the front if space permits. D. Is delia l d•IQ.ii f�r g Yes 1. Article Addressed to: If YES,enter delivery ad.re I No- Ms. Liz Cloud, Program Admin. R.A. Gray Building OCT 1. 9 2005 500 S Bronough Street Tallahassee FL 32399-0250 Q'LEA 3. Service t) a (Ordinance No. 026-2005) pxx,eWrtified Mail O Express Mall ❑Registered 0 Return Recelptfor Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑.yes, 2. Article Number 7002 2030 0001. 2668 94711i i (Transfer from service label) U.S. Postal Service,. U.S. Postal ServiceTM • CERTIFIED MAILTM RECEIPT .-4 CERTIFIED MAIL. RECEIPT = (▪ Domestic Mail Only;No Insurance Coverage.Provided) = (Domestic Mail Only;No Insurance Coverage Provided) Er Er For delivery information visit our website at www usps.corna For delivery information visit our weusite at www usps.coms r-Elu /,j�� ru Postage $ f1J Postage $ C!e, r"......-------N-------‘-:\C\C('Ci S / Certified Fee ra 173 Certified Fee t Poark O � P Here ; I O Return Reciept Fee ere 10 CI Retum Reciept Fee I (Endorsement Required) (Endorsement Required) �� �1 l�J ' x7 , O Restricted Delivery Fee r n Restricted nt Required) ,>� fY 1 (Endorsement Required) 0. CI (Endorsement \y \\ o �ru �/ •�Ste, / fU / —_ _ i Total Postage&Fees Total Postage&Fees 4. Fat 0 Sent To 0 Fat.To Liz Cloud, Program Administrator o Ms. Evelyn Jefferson tti sr bRo tti Freer�pc7zay Building o Pal Code Corporation .5156.E r ilranoug-h--St-reet- dillm$taee+4ZZ35 i City,State,ZIP+4 ahassee FL 32316-2235 Ord.026 Tallahassee FL 32399-0250 Ord.026 PS Form 3800,June 2002 See Reverse for Instructio - PS Form 3800 June 2002 See Reverse for Instructions Email Confirmation Page 1 of 2 L-Mun,~.com Municipal Code Corporation P,O. Box 2235 1700 Capital Circle SW. (32310) Tallahassee, FL 32316-2235 850-576-31 71 Fax: 850-575-8852 iflJQ@muI)]>;QQfH;OJ!l Monroe County, FL Code of Ordinances - 1979(11270) Supplement 90 Recorded: 10/17/20059:04:49 AM We have received the following material through Hard Copy. Document Ordinance No. 026-2005 Adoption 9/28/2005 · Are you E-mailing us your ordinances? Send them to OIOll~rmJD1CQJ1e&QID · 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 dlstI11HnUD1C9J1e.CQID · Looking for Records Management, imaging or indexing minutes services, we can help there too! Contact us for more information at inl9_@.mmQlli)Jla.tiQnS&QfO, ~ CJ ~.. .~ ::0(')% Or--<. f"'\".: no r- og~ C::Oo :-:r:-,.... -C (").:t: :;<;-{J;>> ..., c> r- rn ):> ~ = o ~ - "'" r= f'1 o ""t'1 O' :;:.0 ?7 ." ("') o ~ i.._.-j "" -0 ~ N .. c.;n 0" http://intranet.municode.comlBISlRecording/acknowledgePrint.asp?jobid=44176&print=t... 10/17/2005 V -'G(O KEYEDWEST ' -ITIZEN - r,. ...• • f •.. • ,. nrowspapor,Est.1876 i PUBLIC NOTICE ions, LLC : NOTICE OF INTENTION TO CON- . SIDER ADOPTION OF 150UNTY ORDI- I STATE OF FLORIDA NANCE . NOTICE IS HEREBY GIVEN'TO. i COUNTY OF MONROE WHOM IT MAY CONCERN that on , Before the undersigned authority personally appeared Randy G. Erickson,who Wednesday, September 21,2005,at on oath says that he is Vice-President of AdvertisingOperations of the Key PM at the Marathon Govern- I Y p nient Center, 2798 Overseas High- I West Citizen, a daily newspaper published in Key West, in Monroe County, way, Mile Marker 47.5, Marathon, ' Monroe County,Florida,the Board of , ,Florida;that the attached copy off advertisem nt,being a legal notice in the County Commissioners of Monroe matter of � �7, e,,G a„,,4,,,,.L.4.2„, ' County, Florida, intends to consider (((JJJ f the adoption of the following County ' ordinance: In the Court, was published in said newspaper in the AN ORDINANCE OF THE BOARD issues ofs/.,t,�lf 2;6' �l�� • .�. D.- OF COUNTY COMMISSIONERS OF i g r MONROE COUNTY, FLORIDA, ' AMENDING CHAPTER 2 OF THE ; Affiant further says that the Key West Citizen is a newspaper published in Key MONROE COUNTY CODE ENTI- TLED "ADMINISTRATION" BY. ' West, in said Monroe County, Florida and that the said newspaper has AMENDING SEC.2-363 TO ALLOW heretofore been continuously published in said Monroe County, Florida every THE COUNTY ATTORNEY TO 1 AGREE TO SETTLEMENTS OF , and has been entered as second-class mail matter at the post office in Key West, CLAIMS AND LITIGATION ON BE- in said Monroe County, Florida, for aperiod of 1year next precedingthe first ' HALF OF MONROE COUNTY UN- DER CERTAIN CIRCUMSTANCES publication of the attached copy of advertisement; and affiant further says that WHEN THE COUNTY IS THE BEN he has neitherpaid norpromised anyperson, firm or corporation anydiscount, EFICIARY OF THE SETTLEMENT ' � OR THE RECIPIENT OF FUNDS; I rebate, commission or refund for the purpose of securing this advertisement for AMENDING SEC. 2-363(3) IN 'OR- i DER TO CORRECT A SCRIVEN- publication in the said newspaper. ER'S ERROR,AND CLARIFYING I THAT PAYMENT OF SETTLEMENT i lif AMOUNTS FOR CLAIMS OR LAW- .I All SUITS ARE PAID BY THE COUNTY , tOreir AND NOT BY THE COUNTY AT- i , TORNEY; PROVIDING FOR.SEV- i Signature of Affiant ERABILITY; PROVIDING FOR THE•i i' REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PRO-1 / / TIDING FOR INCORPORATIONOE COUNTY CODEIN- Sworn and subscribed before me this / day of ,��,1. 7� 2005 TO THE MONROE COUNTY � � '"% , OF ORDINANCES; AND PROVID- / ' ING AN EFFECTIVE DATE Pursuant to Section 2,86.0105, Flori / da Statutes, notice is given that if a; / person decided to appeal any deci-1 Notary Public cdeyd, : sion made by the Board with respect I to any matter considered at such ' hearings or meetings, he will need a' - a, ' record of the proceeding's, and that,: -.:_. __ i:: I for such purpose, he may need tol �n ensure that a verbatim record of the t r _ Expires: -��.�(/� Notary Seal proceedings is made, which record t't���=. _ - includes'the testimony and evidence. `� upon which the appeal is to be o%' based. ,, „ �; "� ,� I b�av, "..4k., Deborah Newman) • Copies of the above-referenced ordi-I C n =* ;s *_ Commission#DD3020381- ;-;, nance are available for review at the ' , 'a;= Expires April 15,2008' various public.libraries in Monroe, '%,p;; _ County,Florida. , Bonded Troy Fain-Insurance,Int SO046`5-7019' ' a; ___ , Dated at Key West, Florida,this 25th1 Personally Known x Produced Identification ' day of August,.2005. , Type of Identification Produced ' DANNYL. KOLHAGE; Clerk•of the 'RECEIVED Circuit Court and ex.officio Clerk of the Board of County Commissioners) CEP 2 6 2005 of Monroe County,Florida • (SEAS) : ' . August 28&Sep 4,2005 MONROE COUNTY ATTORNEY , n. ,..,. If.- OlIo\' 0II0Ir' ........ . .. ,~ Cooke Communications, LLC Florida Keys Mary Beth Canitano Advertising Coordinator PO Box 1800 Key west FI 33041 Office...... ...,305-292-7777 Extension......... ....,..,x219 Fax..... ..,... .305-294-0768 mcanitano@keysnews,com INTERNET PUBLISHING keywest.com keysn_s,com floridakeys.com key-west.com Web Design Services NEWSPAPERS The Citizen Southemmost Fiyer Solares Hill Big Pine Free Press Marathon Free Press Islamorada Free Press Key Largo Free Press Ocean Reef Press Seaport Log MAGAZINE The Menu Home Guide Citizen Local's Guide Paradise KeVS TV Channel Guide MARKETING SERVICES Commercial Printing Citizen Locals Card Dir..bt Mail FLORIDA KEYS OFFICES Printing I Main Facility 3420 Northside Drive Key West, FL 33040-1800 Tel 305-292-7777 Fax 305-294.Q768 citizen@keywest.com Internet Division 12011Mlite Street (Sude 103) Key West, FL 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sales@keywest.com Middle Keys Office 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050-3342 Tel 305-743-8766 Fax 305-743-9977 navigator@floridakeys.com Upper Keys Office 81549 Old Hwy PO Box 469 Islamorada, FL (MM81.5) 33036-0469 Tel 30~-2266 Fax 30~-8411 freepress@floridakeys.com Ocean Reef Office 3A Barracuda Lane Key Largo, FL 33037 Tel 305-367-4911 Fax 305-367-2191 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice-President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the ttached copy of a ve ise ent, being a legal notice in the matter of I . In the Court, was published in said newspaper in the issues of (.~ ;L 5, ;IN~ / Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 111 rflt2- , Signature of Affiant Sworn and subscribed before me thisE day OL~~ ,2005 Notary Public Deborah Newman (J~~ Expires: April 15, 2008 Notary Seal ~~Y..iI~ Deborah Newman ~ ,.,.; i*i Commission # 00302038 '-J~'f'#~ Expires April 15. 2008 . ," Bonded Troy Fo. - '--. Inc. 8lJO.385.7019 Personally Known x Produced Identification Type of Identification Produced PUBLIC MEETINGS ER'S ERROR AND. CLARIFYING . THAT PAYMENT OF SETTLEMENT ' AMOUNTS FOR CLAIMS OR LAW-' *SUITS ARE'PAIcf'BY THE COUNTY' AND'NOT BY THE,COUNTY.AT TORNEY; PROVIDING FOR SEV- ERABILITY; PROVIDING FOR THE`. REPEAL•OF' ALL ORDINANCES. INCONSISTENTHEREITH; PRO VIDING FOR INCORPORATION IN-' •TO THE MONROE COUNTY CODE - ' •OF ORDINANCES; AND PROVID- ING AN EFFECTIVE DATE. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS.OF MONROE COUNTY,RENOUNCING; I AND DISCLAIMING ANY RIGHT OF •• ' THE COUNTY AND THE PUBLIC IN; ' • AND TO A PORTION OF COXON • LANE TURN-AROUND,,ACCORD- : ING TO THE PLAT OF CUT • THROAT HARBOR ESTATES • FIRST ADDITION,.PLAT BOOK 5, - PAGE 50, OF THE PUBLIC• RE-' ' CORDS OF MONROE COUNTY,, t FLORIDA.CUDJOE KEY) __ _ ,AN EMERGENCY ORDINANCE OF PUBLIC MEETINGS THE BOARD OF COUNTY COM- MISSIONERS OF MONROE COUNi • NOTICE OF . TY,FLORIDA,AUTHORIZING PAY-I ' RESCHEDULING MENT TO APPROPRIATE RELIEF i .. ell AGENCY FOR. AID TO AREAS', i' ' DEVASTATED ,BY HURRICANE; NOTICE IS HEREBY GIVEN TO KATRINA; PROVIDING FOR SEV- WHOM IT MAY CONCERN that due ERABILITY; PROVIDING FOR THE. • to the possible:impact,of Hurricane REPEAL OF ALL ORDINANCES -: Rita on the Florida Keys, the Public INCONSISTENT:HEREWITH; PRO- Hearings originally scheduled for VIDING FOR INCORPORATION IN- , Wednesday; September 21, 2005 to TO THE MONROE COUNTY CODE consider-the following Ordinance(s)' OF ORDINANCES; AND PROVID-' and Resolution, have been resched= ING AN EFFECTIVE DATE. i uled for Wednesday,.September Pursuant to Section 286.0105, Flori- 28,2005.at 3:00 P.M.at the Mara- da Statutes, notice is given that if a • . ! thon' Government Center, 2798 - person decided to appeal'any deci- Overseas Highway. Mile Marker , sion made by the Board with respect • 11, 'to < j 47.5, Marathon, Monroe County, . .to any matter considered at 'such 1J Florida, at which time the Board of hearings or meetings, he will need a CCJ < •County Commissioners of Monroe record of the proceedings, and that,, JaiU>2 County, Florida, intends to consider for such' purpose, lie may need to • a the adoption of the following County ensure that'a verbatim record of the '. d .cr:j Ordinance(s)and Resolution: •-• proceedings is made, which record.. • includes the testimony and evidence La.. .— Upon:which the appeal is to be I-- -- AN ORDINANCE OF THE BOARD •based. W - 92 OF COUNTY COMMISSIONERS OF Copies of the above-referenced ordi, —.. u <C =Z MONROE COUNTY, FLORIDA• nance are available for review at the La o: •G. l AMENDING CHAPTER 2 OF THE various public .libraries in Monroe ce+ �'- MONROE COUNTY CODE ENTI- County;Florida. , TLED "ADMINISTRATION" BY ' AMENDING SEC. '2-363 TO AL- Dated at Key West, Florida, this • " LOW THE COUNTY'ATTORNEY 22nd day of September,2005: TO AGREE TO SETTLEMENTS'OF . ' CLAIMS AND LITIGATION ON BE- DANNY L. KOLHAGE,1 - ' ' HALF OF MONROE COUNTY UN- Clerk of the Circuit Court DER,CERTAIN CIRCUMSTANCES ,and'ex.officio Clerk of the Board of • WHEN THE COUNTY IS,'THE BEN- 'County Commissioners of Monroe 1 EFICIARY OF THE SETTLEMENT County,Florida ' OR THE RECIPIENT.OF FUNDS; ' (SEAL) AMENDING SEC.2-363(3)IN OR-. 'September 25,2005 . - DER,TO CORRECT A SCRIVEN- ., _/ -.......FLORIDA KEYS—.—,—. R 1. ,No.7738900 �� A, : 31.-, c� r • NOTICEOFki VA L U' , r� ` '1 f` < i `, i_. ,i RESCHEDULING s:4- ka of.4.Le w 4, 4; ,. i.3 I' . • Published Twice Weekly NOTICE IS HEREBY ` GIVEN TO WHOM IT . Marathon, Monroe County, Florida MAY CONCERN that due to the possible im- ,pact of Hurricane Rita on` s,the PROOF OF PUBLICATION Public°Hea ngsoriginally scheduled for Wednes- tea; day,September 21,2005 3 Q o ''t to considerthe following O u�. a STATE OF FLORIDA • Ordinance(s)and Reso mt. O COUNTY OF MONROE lution,have been re- rn� CD Before the undersigned authorityday,sche Septemberd for , g person- �, day,september2a, nxt— ally appeared WAYNE MARKHAM who.on i-2oo5,at3:00P:M.at the' o<?• N.) 741 Marathon Government55� oath, says that he is PUBLISHER of the Center,2788Overseas : —tc,r— ; FLORIDA KEYS KEYNOTER, a twice Highway;Mile Marker ! �.� r ; 47.5,Marathon,Monroe -,t -W CD weekly newspaper published in Marathon, county;Florida,at i-- N + which time the Board of in Monroe County, Florida: that the County Commissioners - attached copy of advertisement was of Monroe County,Flori;. published in said newspaper in the issues the adoption fthef consider +the adoption ofthefollCw- of: (date(s) of publication) E'ing County Ordinance(s) 'and Resolution: - o�jl// g4G' AN ORDINANCE OF THE BOARD.QF COUN, TY COMMISSIONERS ' IAN EMERGENCY OR OF MONROE COUNTY, AN EMERGENCY E FLORIDA AMENDING 1 BOARD DINANCE OF THEETY _ CHAPTER2OFTHE COMMISSIONERS R OF CO RSOF Affiant further says that the said FLORIDA MONROE C UNTY FMOMMISSICOUNTY, CODE ENTITLED"AD- , FLORIDA,AUTHORIZ- KEYS KEYNOTER is a newspaper published ' MINISTRATION"BY AMENDING SEC.2-363 ING PAYMENT TO AP • - at Marathon, in said Monroe County, TO ALLOW THE COUN PROPRIATE RELIEFE Florida, and that the said newspaper has TYATTORNEYTO • 'AGENCYFORAIDTO heretofore been continuously published in AGREE TO SETTLE- IBYREAS DEVASTATED URRICANEKATRI- MENTS OF CLAIMS - !NA;PROVIDING FOR said Monroe County, Florida, twice _each ;AND LITIGATION ON NA;P SEVER ABILITY;FOR week (on Wednesday and Saturday). and I BEHALF OF MONROEECR ; IVIDING,FORTHERE- r COUNTY UNDER CER-' i . RE- has been entered as a second class mail i TAIN CIRCUM- I PEALOFALL ORDI-' matter at the post office in Marathon, in !COUNTY IS THE BENS- TENT HEREWITH;S Monroe County, Florida, for a period of ,FICIARY OF THE SET- • ;PROVIDING FOR IN- Oneyear nextpreceding 'TLEMENTORTHERE ICORPORATIONINTO the first r CIPIENT OF FUNDS; i THE MONROE QOUN publication of the attached copy of -AMENDING SEC. N CODE OF ORDI- 2-363(3)INORDER TO I ANCES;AND PRO= - advertisement. The affiant further says 4 CORRECTASCRIVEN- I VIDING AN EFFECTIVE that he has neither paid nor promised any ER'S ERROR , ' I DATE. person, firm, or corporation anydiscount, !PAYMI!PAYYING MENT ET I Pursuant toSection P i P PAYMENT OF SETTLE- 286.0105,Florida rebate, commission or refund for the i MENT AMOUNTS FOR Statutes,0 notice is given ' CLAIMS OR LAWSUITS' purpose of securing this advertisement for I ARE PAIDBYTHE I that if a person decided to, publication in the said newspaper(s) and -COUNTY AND NOT BY !appeal any decision THE COUNTY ATTOR= made by the Board with that The Florida Keys Keynoter is in full NEY;.PROVIDINGFOR respect to any matter • compliance with Chapter 50 of the Florida .SEVERABILITY;-PRO- considered:atsuchhear- VIDING FOR THE RE , I ings or meetings,hew'''. State Statutes on Legal and Official ! PEAL OF ALL ORDI- !need a record of the pro- Advertisements. =NANCES INCONSIS- I ceedings,and that,for 'TENT HEREWITH; :such purpose,he may' PROVIDING FOR IN- ' 'need to ensure that a ver- batim record of the ro= ' CORPORATION-INTO � p 41 ' (THE MONROE COUN- TY ' 1 ceedings is made,which CODE OF ORM- 'record includes the testi- NANCES;AND PRO- ; mony and evidence upon; Swor o and b bef re a VIDING AN EFFECTIVE' !which the appeal is to be ' this Day f , Z005 DATE based.- • , (SE L A RESOLUTION OF Copies of the above-ref THE F3CIARD C)F(-YiI IN- erenced ordinance-are • TYCOMMISSIONERS available.forreview et the 111•.•11•On .I various public libraries in • " LE OF MONROE COUNTY, Monroe County,Florida. ' I RENOUNCING AND _ -`�` '- DISCLAIMING ANY ary I _.known , � '•£ RIGHT OF THE COON-=! Dated at Key West, '�o �� !o+sdiwu000)1�2s� `TYAND_T_HE PUBLIC IN Florida,this22ndsiayof— Fluriie�rvific September;2005. �.aMII•11.. � AND TO A PORTION OF COXON LANE TURN- 'IARDANNY L.KOLHAGE TO THE P,ACCORDING; I Clerk of L.KO Circuit Court; TH THE PLAT HAROF BOR ES- , I and ex officio Clerk of the; THROAT RSRBOR ES- TATES FIRST ADDI- I Board of County ' TION,PLAT BOOK 5, , Commissioners of , :PAGE 50,OF THE PUB- Monroe County,Florida LIC RECORDS OF MONROE COUNTY, - Publish September 24; 2005 K ORIDA.(CUDJOE _ Florida Keys Keynoter Your Upper Keys Connection THE REPORTER P.O.Box 1197 •Tavernier,Florida 33070-1 1 97 ARE PAID BY THE (305)852-3216 Fax:(305)852-0199 COUNTY AND NOT'BY THE,COUNTYATTOR-'. NEY;PROVIDING FOR PRO- PROOF OF PUBLICATION IDING FOR THE "VIDING FOR THE RE- , PEAL OF ALL ORDI NANCES INCONSIS- STATE OF FLORIDA ; TENT HEREWITH; PROVIDING FOR IN- COUNTY OF MONROE CORPORATION O PIDEO ATI NINTO • TY CO OF ORDI- Before the undersigned authority -NANCES;AND PRO- . personally appeared WAYNE MARHKAM VIDINGANEFFECTIVE who on oath, says that he is PUBLISHER DATE of THE REPORTER, a weekly newspaper , Pursuantto Section 286.0105,Florida advertising legal publish entitled to g Statutes,notice is given published at Tavernier, Monroe County, that ifa person decided to• Florida: that the attached copy of ma appeal any the Boardn made by the Board with advertisement, being LEGAL NOTICE in respect to any matter considered at such hear- said newspaper in the issue of: A 4500Ado t- - ingsormeetings,hewill . p need a record of the pro- CountY Ordinance - September 2nd and September 9th 2005 ceedings,and that,for NOTICE OF INTENTION need to nsure that a ver- TO CONSIDERADOP- batim record of the pro'. Affiant further says that THE REPORTER TION OF COUNTYOR- ceedings is made,which DINANCE record includes the testl- is a newspaper published at Tavernier, in monyandevidenceupon ' said Monroe County, Florida, and that the NOTICEISHEREBY whichthea GIVEN TOI WHOM IT pPeal is to be said newspaper has heretofore been MAY CONCERN that on based. continuously published in the said Wednesday,Septem- Copies of the above-ref- Monroe County, Florida, ach week (on ber 21,2005,at 3:00 PM- erenced ordinance are at the Marathon-Gov- available for review at the Friday), and has been entered as second ernment Center,2798 various public libraries in class mail matter at the Post Office in - Overseas Highway, , Monroe County,Florida. Mile Marker47.5,Mara- Tavernier, in said County of Monroe, thou,Monroe County, Dated at Key West,Flori- Florida, for a period of one year next Florida,the Board of - , da,this 25th day of Au- County Commissioners gust,2005. • preceding the first publication of the of Monroe-County,Flori- , attached copy of advertisement; and da,intends to consider DANNY L.KOLHAGE, - the adoption of the follow- Clerk of the Circuit Court .. affiant further says that she has neither ing County ordinance: • and ex officio Clerk of the paid nor promised any firm, person, or AfVORDINANCE OF Boardof County Com- missioners of Monroe corporation any discount, rebate, - THE BOARD OF CO,UN- County,Florida commission or refund for the purpose of TYCOMMISSIONERS (SEAL) OF MONROE COUNTY, securing this advertisement for . FLORIDA,AMENDING Publish:09/02/05 84 publication in the said newspaper and that CHAPTER2OFTHE 09/09/05 MONROE COUNTY The Reporter The Reporter is in full compliance with CODE ENTITLED AD- Tavernier,FL 33070 Chapter 50 of the Florida State Statutes.on MINISTRATION BY Legal and Official Advertisements. TOALL°OWTHECOUN- " TY ATTORNEY TO AGREE TOSETTLE- _ MENTS OF CLAIMS ____ AND LITIGATION ON " w BEHALF OF MONROE X o �'i COUNTY UNDER CER- 0 p cn Sworn o s cribed before me this TAINClRCUM- a 12th day of beJ' STANCES WHEN THE n L7 COUNTY IS THE BENE- = - M R�MMIS h•WHISENHUNT FICIARY OF THE SET- - r L P`e TLEMENT OR-THE RE-��¢� MY CQMMISION#DD443753 B(PIRES:JUN22,2009 CIPIENTOFFUNDS;h1stStaleInsurance • AMENDING SEC.^ 2-363(3)IN ORDER TO --inr- 3" rri CORRECT A SCRIVEN- G-�T`' GD l\ � ( ER'S ERROR AND I . Nyri1/4,00...at CLARIFYING THAT - > f` N i `^'�-� , PAYMENT OF SETTLE- Notar i_ MENTAMOUNTS FOR . q , o S . CI AIMS OR I'AWSlIITS Continued on the Next Column . r'No.2637500 �.FLORIDA KEys jNOTICEOFINTENTION iTOCONSIDER . - - A ,ADOPTION OF F fi it* , 4•4,-. COUNTY ORDINANCE ,, IA gif . N*rt, 'itF, F >r z.• I NOTICE IS HEREBYs,",sAlk� r. �i � » ;�; 6`i Phi WI, I GIVEN TO WHOM IT - Published Twice Weekl IMAYCsday,Sd that o- n y ,Wednesday,Septem Marathon, Monroe County, Florida I:13er21,2005;at:3:00.PM y i at the Marathon Govern= ment Center,2798 Over--, PROOF OF PUBLICATION seas Highway wrMath- �Marker47.5,Marathon, • Monroe County,Florida, the Board of County Commissioners of Mon STATE OF FLORIDA 'roeCouhty,Florida;in- COUNTY OF MONROE ,"tends toconsiderthe ;adoption of the following Before the undersigned authority person- coun_tyordinance: . ally appeared WAYNE MARKHAM who on ORDINANCE OF THE-_ I BOARD OF COUNTY , oath, says that he is PUBLISHER of the COMMISSIONERS OF; FLORIDA KEYS KEYNOTER, a twice A MONROE COUNTY; , FLORIDA,AMENDING weekly newspaper published in Marathon, CHAPTER 2 OF THE in Monroe County, Florida: that the :MONROE COUNTY ;CODE ENTITLED AD- . attached cop y of advertisement was 'MINISTRATION BY published in said newspaper in the issues 'AMENDING SEC.2-363 • TO ALLOW THE COUN of: (dat (s) of publication) TY ATTORNEY TO , _ • `AGREE TO SETTLE- g ,flo� 'MENTS OF CLAIMS. , � :AND LITIGATION ON BEHALF OF MONROE >w cCOUNTY UNDER CER- O. C3 o --1 'TAINCIRCUM- : • u' - STANCES WHEN THE X1 n2 . CCD") r COUNTY ISTHEBENE:` cri r-�. _{, ci Affiant further says that the said FLORIDA FICIARYOF THE SET- no• ri 1-1 KEYS KEYNOTER is a newspaperpublished T PIENNOOFUNDS; - , ©n, ,, CIPIENT OF FUNDS; =._• �. :F3 at Marathon, in said Monroe County, ,AMENDING SEC. ;�?3 .� . _ :70 ..2-363(3)IN ORDER TO, -{n. I'll Florida, and that the said newspaper has i CORRECT A SCRIVEN- = (71 heretofore been continuouslypublished in i ER'S ERROR AND • -s•I C? C, said Monroe County, Florida, twice each PAYMENT THAT r- P N iPAYMENT.OFSETTLE- . week (on Wednesday and Saturday) and MENT AMOUNTS FOR has been entered as a second class mail IARE PAIDRLAWSUITS (ARE AID BY'THE ". matter at the post office in Marathon, in COUNTY ANC!NOT BY ,,THE COUNTY ATTOR- c Monroe County, Florida, for a period of rNEY;PROVIDING FOR: one year next preceding the first ;SEVERABILITY;PRO VIDING FOR THE RE= publication of the attached copy of :PEAL OF ALL ORDI- advertisement. The affiant further says ,NANCESINCONSIS= - TENT HEREWITH; that he has neither paid nor promised any 'PROVIDING FOR IN-, person, firm, or corporation any discount, CORPORATION INTO rebate, commission or refund for the THE MONROERDI- �'TY CODE OF ORDI- purpose of securing this advertisement for NANCES;AND PRO VIDING AN EFFECTIVE publication in the said newspaper(s) and DATE - . that The Florida Keys Keynoter is in full Pursuant toSection compliance with Chapter 50 of the Florida ut 05,Florida States,notice is given" Stafut State Statutes on Legal and Official that if a person decided to Advertisements. appeal any decision • made by the Board with ,respect-to any matter • considered at such hear-; .ings pr meetings,he will-. need a record of the,pro- Sworn o an sub ed f0 m fceedings,and that,for �ry ,such purpose,he may this Da of d" , 2005 need to ensure that a ver-, (SEAL) ibatim record of the pro t •ceedings is made;which 'record.includes the_testi=_ I �� • II. 0 -mony and evidence pon'• l♦ // , 'which the•appeal is to be- �itifLj..1 rAit/ fr Ibased. NOt•ry E ,,a'wuta er .. •'�- R., 0. Copies of.theabove-ref << erenced ordinance are E us11f17/>t00a availablefo�r.reyiewatth-ei -f � �y l`vafious publlciibranes iri_ 3:,.•. "' '''' a oabriivau--ai�iaa ii Inc Mnnrne CnEinty-<Flnriri - Dated at Key West, -_- -1 Florida,this 25th day of- ' iAugust,2005 -.. - - - DANNY L.KOLHAGE, Clerk of the Circuit Court and ex officio:Clerk of the• ,Board of County _ 'Commissioners of,- Monroe County,..Florida- I Publish September 3, 2005 • ;Florida Keys Keynoter