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Ordinance 028-1987 Billy Wagner Civil Defense Director ORDINANCE NO. 028 -1987 AN ORDINANCE OF MONROE COUNTY, FLORIDA, GRANTING AUTHORITY TO THE MAYOR, OR IN HIS ABSENCE, A PROPERLY DESIGNATED OFFICIAL, THE AUTHORITY TO DECLARE A STATE OF LOCAL EMER- GENCY IN MONROE COUNTY, FLORIDA, IN ACCORD- ANCE WITH CHAPTER 252.38 OF THE FLORIDA STATUTES; PROVIDING FOR PENALTIES FOR FAILURE TO OBEY LAWFUL ORDERS ISSUED PURSUANT TO CHAPTER 252.38 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 252.38 (6) (e), Florida Statutes, provides the authority for political subdivisions to declare and enact a State of Local Emergency for a period of seven (7) days, thereby waiving the procedures and formalities otherwise required of the political subdivisions by law pertaining to: 1. Performance of public work and taking whatever action is necessary to insure the health, safety and welfare of the community; 2. Entering into contracts; 3. Incurring obligations; 4. Employment of permanent and temporary workers; 5. Utilization of volunteer workers; 6. Rental of equipment; 7. Acquisition and distribution, with or without compensation, of supplies, materials and facilities; 8. Appropriation and expenditure of public funds; WHEREAS, expedient actions to declare a State of Local Emergency may be required, and WHEREAS, due to the unusual geography of the Keys, the Board may not be able to meet in a timely manner to issue a State of Local Emergency created by the likely loss of life and/or property, now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: " . Section 1. For definitional purposes, a State of Emergency shall exist whenever there is an occurrence or threat thereof whether accidental, natural or caused by man, in war or in peace, which results in or may result in substantial injury or harm to the population and/or substantial damage to or loss of property. Section 2. The Mayor, Mayor Pro Tern, or his designee, shall have the authority to declare a State of Local Emergency in Monroe County, Florida, after consultation with the Civil Defense Director. The duration of a state of emergency is limited to seven (7) days; it may extended in 72-hour increments. Section 3. Failure to comply and promptly obey a lawful order issued during a state of emergency will constitute a second-degree misdemeanor and can be punishable by a fine of up to $500.00 and/or a jail term of up to six (6) months. Section 4. 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 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. Section 6. 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 7. 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. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST:DANNY L. KOLHAGE, Clerk c 2 1/ IA ~ Id-.-t J. ,9 t. 7 FILED WITH SECRETARY OF STATE, A u~ J~i /1 r..1 fU ~I1S+ 17 f IQ'?7 PASSED AND ADOPTED: EFFECTIVE DATE: ! ~ ..." 0 '" )> ,..,., ~()% , ~ - :-,7: - N -, ::P '-0 U1 :"_J ~ . / ~ ,,' (:/ ..7~""" _~_~~/" 3 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, August 4, 1987 at 2:00 P.M. at the Marathon Sub-Court- house, 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. -1987 AN ORDINANCE OF MONROE COUNTY, FLORIDA, GRANTING AUTHORITY TO THE MAYOR, OR IN HIS ABSENCE, A PROPERLY DESIGNATED OFFICIAL, THE AUTHORITY TO DECLARE A STATE OF LOCAL EMER- GENCY IN MONROE COUNTY, FLORIDA, IN ACCORD- ANCE WITH CHAPTER 252,38 OF THE FLORIDA STATUTES; PROVIDING FOR PENALTIES FOR FAILURE TO OBEY LAWFUL ORDERS ISSUED PURSUANT TO CHAPTER 252.38 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES; AND 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. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 13th day of July, A.D. 1987. 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) • ,, THE KEY WEST CITIZEN Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA) ss. COUNTY OF MONROE) Before the undersiged authority personally appeared le-e. }Af2(e Lg 7il , who on oath says that he is 4W &IL_- of the Key West Citizen, a daily news- paper published at Key West in Monroe County, Florida; that the - attached copy of advertisement, being a • NOTICEOF INTENTION,.. � TO CONSIDER ADOPTION G—ij L k)O l C L OFCOUN COUNTY ORDINANCE I NOTICE IS HEREBY GIVEN TO I WHOM IT MAY CONCERN that on I Tuesday,August 4,1987 at 2:00 P.M. in the matter of at the Marathon Sub-Courthouse, Marathon, Monroe County, Florida, �10T lC 6: of I KJ TaIJ TI O ti) the Board of County Commissioners of Monroe County, Florida, intends i TI 0 P to consider the adoption of the \v C 01-) .S) 0��12- ADO following County ordinance: ORDINANCE NO. -1987 01(1-D' OJC.c AN ORDINANCE OF MONROE COUNTY, FLORIDA GRANTING AU'T4 _ 'O DEC L Aft t STJA.•TL AUTHORITY TO'(HE MAYOR,OR IN HIS ABSENCE, A PROPERLY 1)I LOCA(_ (.-1AW El/Cy DESIGNATED OFFICIAL, THE AUTHORITY TO DECLARE A was published in said newspaper in the issues of SIN MOE NROE COUN Y, FLOR DC AY IN ACCORDANCE WITH CHAP- ,1 C TER 252.38 OF THE FLORIDA 3� l� 6 7 STATUTES; PROVIDING FOR ' PENALTIES FOR FAILURE TO Affiant further says that the said The Key W OBEY LAWFUL ORDERS ISSUED PURSUANT TO. CHAPTER 252.38 a newspaper published at Key West, in said Monroe OF THE FLORIDA- STATUTES; and that the said newspaper has heretofore been C PROVIDING FOR SEVERABILITY; PROVIDING I lished in said Monroe County, Florida, each day ( FOR THE REPEALOFALLOR- and has been entered as second class mail matter DINANCES IN VI CONFLICT HEREWITH; PRO FOR in Key West, in said Monroe County, Florida, for INCLUSION IN THE MONROE year next preceeding the first publication of thl D NANCES; ANDS PROVID NG of advertisement; and affiant further says that h FOR AN EFFECTIVE DATE. norpromised anyperson, firm or corporation anyPursuant to Sectioi 286.0105, P Florida Statutes,notice is given that commission or refund for the purpose of securing if a person decided to appeal any decision made by the Board with • for publication in the said newspaper. respect to any matter considered at such hearings or meetings, he will' ©�Z�D; need a record of the proceedings,I �� " and that, for such purpose, he may ?1 E5 tUl`( 27 19dr need to ensure that a verbatim COMMISSION‘ cn?.Rr5i5L' NCE Ut I`..`., (SEAL n G record of the proceedings is made, ACNC=a SY`� C` which record includes the testimony and evidence upon which the appeal SWORN- AND, SUBSCRI .D before me this � Copies of_7 day of istopies e . the' above-referenced / ordinance are available for review COMMISSION) at the various public libraries in Monroe County,Florida. • A Y PUBLIC I DATED at Key West,Florida,this 13th day of J uly,A.D.1987. DANNY L.KOLHAGE Clerk of the Circuit Court, of Monroe County,Florida • and ex officio Clerk of the I Board of County Commissioners of Monroe County,Florida . July 16,23,1987 PROOF OF PUBLICATION THE FLORID'A KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY. OF MONROE. ) Before the undersigned authority personally appeared P CHARLOT TE S I i{0 RA , who on oath, says that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in Monroe County, Florida; that the attached copy of advertisement, being a INTENT TO CONS I DER ORDINANCE — - __ ___A-UT_HO_RITY TO DECLARE A STATE OF EME RGEN'CY IN THE MATTER OF ' ' ' - - _ __ _-- ---Y--.- - in the__ • Court, was published in said newspaper in the issues of July 22 , 29, 1987 • .• : • NOTICE OF . • INTENTION TO Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- • CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN thon, in said Monroe County, Florida,'and that the said newspaper has heretofore been continuously TO WHOM IT MAY CONCERN • _ that on Tuesday,August 4, 1987 • at 2:00 P.M. al the Marathon Sub-Courthouse; Marathon, published in said Monroe County, Florida, each week (on Thursday)and has been entered as second monroe County, Florida the Board ofof.County.Commissioners • of Monroe lCounty, Florida, in- class mail matter at thepost office in Marathon, in said Monroe County, Florida, foraperiod of one teefollo consider the adoption of Ythe following.County;Ordinahce 'Ordinance No.-1987 • year next preceding the first publication'of the attached copy of advertisement; and affiant further AN ORDINANCE OF•MDNRO COUNTY FLORIDA GRAN tNG - AUTHORITY TO'THI= says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, corn-- "RER " S DA PROPERTY 'OFFICIAL THE-AUTHORITY ..TO 'DECLARE,A.STATE.'OF mission of refund for the purpose of securingthis advertisement for publication in the said newspaper. LOCAL -EMERGENCY IN -MONROE-.COUNTY FLORI:. • • .DA IN ACCORDANCE WITH CHAPTER.-252.3E OF "THE • ' - • FLORIDA STATUTES•..PRO- FAIL FAILURE OBEY LIAWFUL �, (� ORDERS ISSUED PURSUANT • a-e..- �e�c.�� ! '"f "G TO CHAPTER 252.3E ; THE ///� PRO- VIDING FLORIDA STATUTES; PRO VIDING FOR SEVERABILITY; (SEAL) PROVIDING FOR THE RE- PEAL OF ALL ORDINANCES CONFLICT HEREWITH• P /`� - PROVIDING FOR INCLUSIONS • (!�/J� IN THE MONROE COUNTY SWORN TO ND SUBS RIBED.BEFORE ME THIS CODE OF ORDINANCES•AND PROVIDING FOR AN EF`FEC- TIVE DATE. DAY'OF A.D. 191 Pursuant to Section' 286.0105, Florida Statutes, notice is given Peal any,decision made by the ``'w = I Board with respect to any mat- - ter considered.at such hearings � or meetings,he will need a rec- •.`� `� "'-_:' ord of the proceedings,and that, tl rARY P B for such purpose, he may need r U lIC to ensure that a verbatim record .� - ,STATE RGS28;RIDA of the proceedings is made, _ _ NC COpNSSION EXP, AUG 28 1990 which record Includes the testi- mony gp�ED 7 mono and evidence upon which RRII:GERERAL INS. I the appeal Is to be based. - � r llND. Copies of the above-referenced ordinance are available for re- view at.the various public li- braries In Monroe County,Flori- . D13Dofyws. F87 a, thisth day y, D19 - DANNY L.KOLHAGE Clerk of the Circuit Court of Monroe County,Flroida _ an ex officio Clerk of the ;.- Board f Monroe County,sFlorida Publish:July 22,29,1987 Florida Kevs Keynoter 74 Reifzefti2eirt - PROOF OF PUBLICATION SERVING THE UPPER KEYS. BOX 1197, TAVERNIER, FL. 33070 STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF who on oath, says that he is EDITOR & PUBLISHER 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 NOTICE OF INTENTION TO CONSIDER . in the Court, was published-in said newspaper in the issues of 7-23 & 7-30-87 . Affiant further says that the said REPORTE'---i- -^---- --- ------ ---- NOTICE OF INTENTION.TO CONSIDER newspaper published at Tavernier, in said Monroe ( ADOPTION OF COUNTY ORDINANCE Florida, and that the said newspaper has heretofo3 NOTICE IS HEREBY GIVEN TO WHOM IT CERN th MAY CONCERN on I Tuesday,August 4,1987 at 2:00 P.M.at the Marathon Sub-Courthouse,Marathon, continuously published in the said Monroe County, j Monroe County,Florida,the Board of County Commissioners off Monroe County, 4 Florida,intends to consider the adoption of the following County ordinance: each week (on Thursday), and has been entered as i ORDINANCE NO. -1987 class mail matter at the Post Office in Tavernier AN ORDINANCE OF MONROE COUNTY, FLORIDA, GRANTING County of Monroe, Florida, for a period of one yeI! AUTHORITY TO THE MAYOR, OR IN HIS ABSENCE, A PROPERLY DESIGNATED OFFICIAL,THE AUTHORITY TO DECLARE A STATE OF' preceding the first publication of the attached CC LOCAL EMERGENCYINMONROECOUNTY,FLORIDA,INACIDINGFOR WITH CHAPTER 25238OF THE FLORIDA-STATUTES;PROVIDING FOR advertisement; and of f iant further says that he h5 PENALTIES FOR FAILURE TO OBEY LAWFUL ORDERS ISSUED PUR- SUANT TO CHAPTER 252.38 OF THE FI:ORIDA STATUTES;PROVIDING paid nor promised any firm, person, or corporatiolE FORSEVERABILITY;PROVIDINGFORTHREPEALOFALLN IN THE INCONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES;AND PROVIDING FOR AN discount, rebate, commission or refund for the pu EFFECTIVE DATE. securing this said advertisement for publication ] Pursuarit 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 con- said newspaper. sidered at such hearings or meetings,he will need a recorl 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 -It P the appeal istobebased. Copies of the above-referenced ordinance are available for review at venous I. public libraries in Monroe County,Florida. SEAL t L _ �(1 ti, DATED at Key West,Florida,this 13th day of July,A.D.1987. SWORN TO AND SUBSCRIBED 6 FORE,,ME TN�IS •7ijlrl P DANNY L.KOLHAGE I Clerk of the Circuit Court - 07 1 of Monroe County,Florida DAY OF JULY = , A: . , 1 9 k and ex officio Clerk of the I Board of County Commissioners r. • of Monroe County.Florida ^' Published:7123,7130187 ,,t...NO_T,ARYµ PUBL_I C The Reporter --- -` k, Tavernier,FL 33070 MY COMMISSION EXPI► ESIBTARY PUBITC STATF of Flnam8 ®� MY COMMISSION EXP. APR. 2,1991 • BONDED THRU GENERAL INS. IAD. r •SENDER: Complete items 1,2,3 and 4. g Put your address in the"RETURN TO"space on the P-6 2 5 8 0 7 1 7 9 3 reverse side.Failure to do this will prevent this card from W being returned to you.The return receipt fee will provide ' you the name of the person delivered to and the date of RECEIPT OR CERTIFIED MAIL 1 : delivery. For additional fees the following services are NO INSURANCE COVERAGE PROVIDED e available.Consult postmaster for fees and check boxes) NOT FOR INTERNATIONAL MAIL for services)requested. (See Reverse) co o g�nt to gig1. ❑ snow to venom,date and address of delivery. �, Mrs. Liz Cloud, Chief r7 . p 2. 0 Restricted Delivery. • - Bureau No. Admin Code & Laws V , O 3. Article Addressed to: ix; P.O..State and ZIP Code Mrs. Liz Cloud, Chief 0 Tallahassee, •FL 32301 Bureau of Admin. Code and Laws Postage. I s •. = < Departmelt of State . `"- j�_ Certified Fee c,�, The Capi of .. Tallahassee, FL 32301 Special DRliveryFee. . . . ' 4. Type of Se►vie: Article Number ( r 1 �❑ry Registered 0 Insured Restricted Delivery Fee a - Certified 0 COD P 625 807 179 r•r Return Receipt showing rt ❑ Express Mail • to whom and Date Delivered p u, .. Always obtain signature of addressee or agent and Return Recei. .� o whom. m DATE DELIVERED. w Date.and •.. '..'...ff- TOTAL •....:•enf es s////��i' N • 5. Signature—Addresses -• � 7 � < !/ �. ' o X R 9 r co N 6. gn�ature— t r � ',� Postm.rk oo' Datt ,e. , `C X a;j' 4'.� .1 n,.9 . m . Date of D ivery r p ru i ti r • C/ v z 8. Addressee's Addres$(0 ' if1 r�Rf tfE/E ) ----- r lek { m n . m ry r_ '1 Jlann!, 1.. Itolbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (3061294-4641 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (306) 852-9253 August 12, 1987 CERTIFIED MAIL RETURN RECIBPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Florida 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 028-1987 granting authority to the Mayor, or in his absence a properly designated official, to declare a State of Local Emergency in Monroe County in accordance with Chapter 252.38 of the Florida Statutes. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on August 4, 1987. Please file for record. Very truly yours, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Rosalie L. C Deputy Clerk Enclosure cc: Municipal Code Corp. Mayor Jerry Hernandez, Jr. Commissioner William Freeman Commissioner Eugene Lytton Commissioner Michael Puto Commissioner John Stormont County Attorney County Administrator Civil Defense Director Emergency Services Director Finance ~rector File ~ FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State Dorothy W. Joyce Division Director August 18, 1987 Honorable Danny L. Kolhqge Clerk of the Circuit Court Monroe County Courthouse 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: 1. Receipt of letter/s of August 12, 1987 and certified copy/ies of Monroe County Ordinance(s) #87-28 2. Receipt of relative to: County Ordinance(s) (a) which we have numbered (b) which we have numbered 3. We have filed this/these=ordinances in this office on August 17 1987. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. S~~relY~ L~d, Chief Bureau of Administrative Code LC/mb DIVISION OF ELECTIONS, Room 1801, The Capitol, Tallahassee, Florida 32301 (904) 488.7690