Ordinance 038-1989
Commissioner Gene Lytton
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ORDINANCE NO. 038 -1989
AN ORDINANCE AMENDING SECTION 2-28, MONROE
COUNTY CODE, IN ORDER TO INCLUDE LITERARY
PURSUITS WITHIN THE DEFINITION OF "THE ARTS":
AMENDING SECTION 2- 285, MONROE COUNTY CODE,
IN. ORDER TO PROVIDE THAT THE MONROE COUNTY
FINE ARTS COUNCIL MAY PUBLISH A LITERARY
~GAZINE WHICH FEATURES MONROE COUNTY AUTHORS
O~ OTHERWISE FEATURES LIFE IN MONROE COUNTY;
''::; PjpVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HERE-
WITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE; AND PROVIDING AN EFFEC-
TIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1.
Section 2-281, Monroe County Code, is hereby
amended to read as follows:
Sec. 2-281. Definition of "the arts."
The boundaries of the arts are constant-
ly changing but for the purposes of this
article 'shall include, without limitation,
all phases of the visual,
performing and
literary arts, and those disciplines included
within the definitions of t'art" in F. S.
5265.238.
Section 2.
Section 2-285, Monroe County Code, is hereby
amended to read as follows:
Sec. 2-285. Powers.
The council shall have all legal powers
necessary and appropriate to effectuate its
objectives and the purposes as set forth in
this article, subject to the approval of the
county commission, including but not limited
to the power:
(1) To have a seal and to alter the same at
its pleasure.
(2) To provide financial support, including
grants, matching grants, loans and guaran-
tees, when other sources of financial support
are unavailable to impractical, to Florida
artists, art institutions, local arts inter-
ests, and community organizations sponsoring
art activities pursuant to such regulations
as the council may adopt and publish.
(3) To adopt rules for the regulation of its
affairs and the conduct of its business.
(4) To acquire by grant, purchase, gift or
device all property, real or personal, or any
estate or interest therein necessary, desir-
able or convenient for the purposes of this
article, and to lease or rent all or any part
thereof and exercise all of its powers and
authority with respect thereto.
(5) To lease or contract for the operation
of any part of any of the cultural facilities
of the council, subject to reasonable public
notice, bid and hearing.
(6) To fix and collect rates, rentals, fees
and charges for the use of any and all of the
cultural facilities of the council.
(7) To contract for the operation of con-
cessions in any of the cultural facilities of
the council, subject to reasonable public
notice, bids and hearing.
(8) To advertise within or without the state
any of the activities, events or facilities
of the council.
(9) To make and enter into all contracts and
agreements necessary or incidental to the
purposes and the performance of the duties
imposed and the execution of the powers
granted under this article; and to employ
such director, consulting services, engi-
neers, superintendents, managers, con-
struction and financial experts and attor-
neys, and such employees and agents as may,
in the judgment of the council, be deemed
necessary, and to fix their compensation.
(10) To cooperate and contract with the
government of the United States or the State
of Florida, or any agency or instrumentality
thereof, or with any municipality, district,
private corporation, copartnership, asso-
ciation or individual providing for or
relating to cultural activities, events or
facilities.
(11) To organize advisory committees.
(12) To recommend for consideration the names
of at least three (3) qualified persons for
each vacancy that occurs on the council.
(13) To give such priority to the accomplish-
ment of the purposes, obj ectives and duties
of the council as it shall determine to be in
the best interest of the arts and the people
of Monroe County.
(14) To request and obtain such assistance,
services and information from other govern-
ment agencies or entities as will enable the
council properly to carry out its objectives
under this article.
(15) To do all acts or things necessary to
convenient to carry out the powers expressly
granted in this article.
(16) To seek and accept appropriations or
funds from any federal, state, county, city
or municipal governmental entity, or any
individual, partnership, joint venture or
corporation.
(17) To create associate memberships.
(18) To publish a literary magazine featuring
articles written by Monroe County residents,
or which have Monroe County as a backdrop or
which otherwise reflect some aspect of life
in Monroe County, and to reflect the visual,
graphic and performing arts in Monroe County,
and "arts" as defined in F.S. ~265.238.
Section 3. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 4.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 5.
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.
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 IAfh
day of ~c.~~e.,...
, A.D., 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~~7
(SEAL)
Attest: DANNX L. ~OLHAGE, C!~rk
~~~~,&~
JC er
FILED \-lITH SECRETARY OF STATE: I J? -P?(), 89
EFFECTIVE DATE:
APP7J~~~~/::RM
AND I { DC:-ENCY.
BY .
Attorney's Office
'.
11lannp 1L. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. 1305) 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294.4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.9253
December 20, 1989
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
(J-t)1t)- ~7d - 034
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 038-1989 amending Section 2-28, Monroe County Code, in
order to include literary pursuits within the definition of
"the arts"; amending Section 2-285, Monroe County Code, in
order to provide that the Monroe County Fine Arts Council
may publish a literary magazine which features Monroe County
authors or otherwise features life in Monroe County, etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on December 12, 1989. Please file for record.
Very truly yours,
Court
Clerk
cc:
Municipal Code Corporation
Mayor John Stormont
Mayor Pro Tern Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner Eugene Lytton
Commissioner Michael Puto
County Attorney Randy Ludacer
County Administrator Tom Brown
File
P-Or-{&'- q i'da - 0'31
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DOMESTIC RETURN RECI
PS Form 3811, Apt, 1989
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FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
December 26, 1989
The Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe county
500 Whitehead street
Key West, Florida 33040
Attention: Rosalie L. connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of December 20, 1989 and
certified copy of Monroe County Ordinance Nos. 038-1989 and
039-1989, which were filed in this office on December 22, 1989.
Sincerely,
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Liz Cloud, Chief
Bureau of Administrative Code
LC/mb
MUNICIPAL CODE CORPORATION
Suppleeent Deparhent
fO Box 2235
1~11aha5see, Fl 32316-2235
Code Supplelant He, 38
We have received tne following ~ate(ial. Tbank you
for your assistance and rooperatlDn,
Ordinance No, 038-1989,
l-aOO-262-CODE (National)
1-aOO-342-CODE (Florida)
CRP
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TO:
"5. Rosalie l, Connolly
Deputy Clerk
Monroe County
f.a, Box 1980
Ke~ West, H
PS Form 3811, Apr. 1989
*U,S.G,P'O, 1989-238-815