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Ordinance 018-1979 - " ORDINANCE NO. 18 M. ORDINANCE ADOPTING AND ENACTING A CODE OF ORDINANCES FOR MONROE COUNTY, FLORIDA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. That the Monroe County Code, consisting of Chapters 1 to 19, each inclusive, is hereby adopted and enacted as the "Monroe County Code," and shall be treated and considered a,. ., a new and original comprehensive ordinance which shall super- sede all other general and permanent ordinances passed by the Board of County Commissioners on or before July 25, 1978, except such as, by reference thereto, are expressly saved from repeal or continued in force and effect for any purpose. Section 2. That all provisions of such Code shall be in full force and effect on and after October 1, 1979 , and all ordinances of a general and permanent nature passed by the Board of County Commissioners on or before July 25, 1978, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after October 1, 1979 , except as hereinafter provided. No resolution of the Board of County Commissioners, is hereby repealed, unless specifically repealed herein. Section 3. That the repeal provided for in Section 2 hereof shall not affect the following: (1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance; (2) Any ordinance of the County promising or guaranteeing the payment of money by or to the County or author- izing the issuance of any bonds of the County, or any evidence of the County's indebtedness, or any contract or obligation assumed by the County; '2( Y t,~~~J' 'cD ON. BOJ' . ., r." .__~.~~- '\-'51"", -~~...~"~_.."=~,_..._' !:AGE a'll " (3) Any ordinance fixing positions, classifications and salaries; (4) Any right of franchise granted by any ordinance of the County to any person, firm or corporation; or any modification thereof; (5) Any ordinance dedicating, naming, establishing, 10- cating, relocating, opening, paving, widening, vacat- ing, etc., any street or public way in the County; (6) The annual appropriation ordinance; (7) Any ordinance levying or imposing taxes; (8) Any ordinance establishing and prescribing the street grades of any street in the County; (9) Any ordinance providing for local improvements and assessing taxes therefor; (10) Any ordinance rezoning specific property or amending the zoning map or granting variances or exceptions to zoning or subdivision ordinances; (11) Any ordinance passed after July 25, 1978. Such repeal shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. Section 4. That any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the Board of County Commissioners to make the same a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Monroe County Code," shall be understood and intended to include such additions and amendments. Section 5. That a copy of such Code shall be kept on file in the office of the Clerk of the Circuit Court and pre- served in looseleaf form, or in such other form as the Clerk may consider most expedient. It shall be the express duty of the Clerk or someone authorized by him, to insert in their 'I :1 :j I' designated places all amendments or ordinances which indicate the intention of the Board of County Commissioners to make the same a part of such Code, when the same have been printed or 2-/s reprinted in page form, and to extract from such Code all pro- visions which may be from time to time repealed by the Board of County Commissioners. This copy of such Code shall be avail- able for all persons desiring to examine the same and shall be considered the official Monroe County Code. Section 7. That the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. Section 8. That it shall be unlawful for any person, firm or corporation in Monroe County to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of Monroe County to be misrepresented thereby. Section 9. All ordinances or parts of ordinances in con- flict herewith are, to the extent of such conflict, hereby repealed. Section 10. This ordinance shall be in force and take effect on October 1, 1979 PASSED by the Board of County Commissioners of Monroe County, Florida this 31st day of July ,1979. BOARD OF COUNT MONROE COUNT , OF By: Is ~:7d;?6whU -C Clerk SEAL APPROVED AS TO FORM AND LEGAL SUFFICIENCY. By ~~Jf- Attorney's Office 2.1l., Of O#"/F NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, July 17, 1979 at 5:30 p.m. at the Plantation Key Subcourthouse, Plantation Key, Monroe County, Florida, and on Tuesday, July 31, 1979 at 5:30 p.m. at the Marathon Branch Courthouse, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1979 AN ORDINANCE ADOPTING AND ENACTING A CODE OF ORDINANCES FOR MONROE COUNTY, FLORIDA: ESTABLISHING THE SAME: PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED: PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES: PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Dated at Key West, Florida, this 18th day of June, 1979. RALPH .W. WHITE Clerk of the Circuit Court of Monroe County, Florida, and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (Se al) Publish: June 21, 1979 June 28, 1979 Please send statement to: Ralph W. White, Clerk Monroe County Courthouse 500 Whitehead Street Key West, FL 33040 Please sned proof of publication to: Michael H. Cates Legal Advisor 505 Whitehead Street Key West, FL 33040 1.. J 7 1 Will e 7. PROOF OF PUBLICATION ailt Neg iiiIst Mitimen ' . Published Daily . • Key West, Monroe County, Florida - STATE OF FLORIDA) COUNTY OF MONROE) ss. sf re title undersigned authoritypersonallyappeared 4IW1w rtio. . . . who on oath says that he is . . . . . . n� 51 - - of The Key West Citizen,_a__ daily newspaper publis d at ey West in Monroe County;--Florida; that ` the ,att(achedJcopy of advertisement, CD a _- ✓I►C¢. 01 111fQ.Y1�'�r1 4D �,Ofl�jWe l Oi cDUY1{ ; NOTICE OF ORDINANCE 1 in the matter of •J f NOTICE IS HEREBY GIVEN TO • WHOM IT MAY CONCERN. that on � � ! A bile ! Tuesday,�July 17,1979 at 5:30 p.m.at the' o�d� �do�; N o� O��h [Q�S Plantation Key a County, Florida,Plan-} 11ff�. tafion Key,Monroe County,Flori ands Croy Hoc ' e • on Tuesday,July 31,1979 at 5:30 p.m:ail CO'• the Marathon__Branch Courthouse,{ Marathon,Monroe County,Florida,thel Board of 'Duey Commissioners of Monroe County, Florida, Intends to; consider the adoption of the following I I County Ordinance:. ORDINANCE NO...-1f79 • • AN ORDINANCE ADOPTING AN ENACTING A CODE OF ORDINANCES • FOR MONROE COUNTY, FLORIDA: ESTABLISHING THE SAME: PROVIDING.FOR THE'REPEAL OF CERTAIN ORDINANCES NOT IN- CLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED: PROVIDING FOR THE MANNER,OF i AMENDING SUCH, CODE OF OR- 1 DINANCES: PROVIDING. AI ' SEVERABILITY CLAUSE: AND: PROVIDING '-WHEN • THIS OR-.. I DINANCE SHALL BECOME• EF- • FECTIVE. 1 • i Dated at Key West,Florida,this 18th • day of June,1979. RALPH W.WHITE Clerk of the Circuit Court of 1 I Monroe County,Florida,and I was published in said newspaper in the issues of, I ex officio Clerk of the Board . of County Commissioners of Monroe County,Florida Sti 21, P) 191 June 21,28,1979; 9 • • • Affiant further says that the said The Key West Citizen is a - newspaper published' at Key West, in:said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays) 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 one year next preceeding the first publication of the attached copy of advertise- , ment; 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.' • �E JF FLORIDA Al LAB wOiAR'f PUBLIC.S1 JULY101953• '�J� - i. - t.A1 COMMISSION N 1 ut,1DERWRItF. ... . . . . .�:�. . . . . . . . RS "I,isiEK IVS (SEAL)- - = SOivDEu i IkU . - - - •-• - - - - — Sworn to and subscribed before me this ; • day of , .D. 197.P. V1-12-4.- . • . . . -2-18 o ~~-- ':1' '" -,-,JJ1>,-", r J.Q';. I- \(:'')'7 ~l.'tn'htrg of ~t(ttl.' STATE OF FLOIiIDA THE CAPtTOL TALLAHASSEE 32304 SECRETARY OF STATE GEORGE FIRESTONE BETTY CASTOR Director, Division of Elections 904/4813.7630 August 10, 1979 Honorable Ralph W. White Clerk of Circuit Court Monroe County Courthouse 500 Whi t:ehead Street Key West, Florida 33040 Attention: Virginia Pinder, Deputy Clerk Dear Mr. White: Pursuant to the provisions of Section 125.G6, Florida ,Statutes, this will acknowledge: , / V1. ,/,/ (/;l. 3. .4. Receipt of your letter/s of and certified copy/ies of County Ordinance/s No./s August 7 r 1979 Monrop.: 79-15. 79-10, 79-17 & 79-18 We have filed this/these Ordinance/s in this office August 10, 1979 Receipt of an original/s and certified copy/ies of County Ordinance/s No./s Receipt of relative to County Ordinance/s 5,Wehav€ numbered this/these Ordinance/s and was/were filed in this office 1979. 6. The original/duplicate copy/ies showing filing date is/are being returned for your records. NK/mb Cordially, . _-----" /7 /:::- d' / ://~?CO/ ' -~y ,(I:lrs.) Na,ncy Kavan augh ( Chief, 7Bureau of Laws , J ./ 2\~ .