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Item O10 " BOARD OF COUNTY COMMISSIONERS Agenda Item Summary Meeting Date August 18, 2004 Division County Attorney AGENDA ITEM WORDING Approval to advertise an ordinance creating Sec 2-3.2, Monroe County Code, authorizing payment of the funds budgeted on behalf of the Clerk of Court. ITEM BACKGROUND State statutes provide similar provisions for property appraiser and tax collector; no similar authority provides for clerk to receive County budgeted allocations absent an ordinance providing for same. PREVIOUS RELEVANT BOCC ACTION CONTRACT/AGREEMENTCHANGES STAFF RECOMMENDATIONS Approval to advertise for ONE PUBLIC HEARING on September 15, 2004 in Marathon. TOTAL COST BUDGETED Yes No COST TO COUNTY SOURCE OF FUNDS APPROVED BY: County Attorney _ OMB/Purchasing Risk Management DIVISION DIRECTOR AP.PROVAL~Ol1~I')1 /34/& JOHN R. COLLINS DOCUMENTATION: Included To Follow Not Required AGENDA ITEM # 0\0 Clerk of Circuit Court ORDINANCE NO. - 2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CREATING SECTION 2-3.2, MONROE COUNTY CODE, AUTHORIZING PAYMENT OF THE FUNDS BUDGETED ON BEHALF OF THE CLERK OF COURT; 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, the State statutory provisions for the payment of the County's budget allocations for constitutional officers does not provide for the payment of the budgeted amounts to the Clerk of Court; and WHEREAS, it is desired to establish the authority for said payments; and WHEREAS, the authority to pass this ordinance exists under Sec. 125.01, Florida Statutes; now, therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Sec. 2-3.2, Monroe County Code, is hereby created to read: The amounts budgeted annually by the Board of County Commissioners for the Clerk of Court shall be paid quarterly, in advance, to the Clerk of Court. 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 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.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 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of 2004. Mayor Nelson Mayor Pro Tem Rice Commissioner McCoy Commissioner Neugent Commissioner Spehar (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Mayor/Chairperson Deputy Clerk jordclerk