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Ordinance 028-1984Commissioner Edwin 0. Swift, III ORDINANCE NO. 28-1984 AN ORDINANCE AMENDING SUBSECTION (b) AND ADDING NEW SUBSECTIONS TO BE LETTERED (c), (d) AND (e) UNDER SECTION 6-57 OF CHAPTER 6 OF THE CODE OF ORDINANCES OF MONROE COUNTY, FLORIDA; PROVIDING FOR PRIMA FACIE SHOWING OF HOLDING ONESELF OUT AS A CONTRACTOR; PROVIDING FOR IDENTIFICATION OF TRUCKS AND VEHICLES USED IN THE CONTRACTING BUSINESS; PROVIDING FOR IDENTIFICATION OF CERTIFICATES OF COMPETENCY WHEN ADVERTISING OR HOLDING ONESELF OUT TO THE PUBLIC AS A CONTRACTOR; PROVIDING FOR THE SEVERABILITY OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF MONROE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNTY COMMISSION OF MONROE COUNTY, FLORIDA, that Section 6 of the Code of Ordinances is hereby amended in the following fashion: Section 1. Subsection (b) of Section 6-57 is amended by substitution of the following: "(b) Any person, firm or corporation not possessing a current certificate of competency and advertising in any news- paper, airwave transmission, phone directory or other advertising media or who issues any card, advertising or device indicating to the public that he is a contractor, or is qualified to engage in the business as a contractor, or who hold himself out as a contractor as plaintiff or defendant in any court of this state, shall be subject to the provisions and penalties of this chapter; and a certified copy of such court record or a copy of such newspaper, telephone directory, or other advertising mak- ing such assertion shall be prima facie evidence in court, or in any other proceeding authorized by this chapter, that the person is purported to have the capacity to act as a contractor." Section 2. Section 6-57 is amended by adding three subsec- tions thereto to read as follows: "(c) Contractors conducting their contracting business within Monroe County shall identify all trucks used in the furtherance of their business by use in the transporting of materials, equipment or employees to a job site, excepting a truck owned by an employee which truck is only used for private transportation or in carrying employees' personal tools and personal equipment necessary to fulfill their job tasks, by placing on the sides thereof, in a permanent manner, identifi- cation of contractor by name or symbol, and their certificate number, in a size which is easily readable, excepting those trucks rented or leased by a contractor from a commercial vehicle rental agency for a period of less than one (1) month and such trucks are plainly marked with the name of the lessor in a size which is easily readable." "(d) The identification numbers issued for any trucks shall be renewable each calendar year by requesting the same to be done through the County Administrator's office." "(e) Anyone who advertises in any newspaper, airwave transmission, telephone directory, handbill, or other adver- tising medium for contracting to do any work covered by the provisions of this chapter shall include in all such advertising the permanent certificate of competency number from the certifi- cate of competency required as a prerequisite under the provi- sions of this chapter. Failure to include this permanent certif- icate of competency number in all such advertising as evidenced by a copy or transcript of the subject advertisement shall constitute a violation of the chapter to the penalties provided herein and under section 1-7 of this Code." Section 3. This amendment to Section 6-69 of Chapter 6 of the Code of Ordinances of Monroe County, Florida, repeals any and all sections heretofore existing in conflict therewith, and further repeals any and all sections of Section 6-57 passed heretofore and in conflict herewith. 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 of parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 6. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County 2 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. 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 4. )��1 2 , A.D. 1984. (SEAL) At to s t : DAM L KOIMGE, Clerk er BOARD OF COUNTY COMMISSIONERS OF MONRO COUNTY, F ORIDA By Mayor/Chairman BY APPROWD AS rO FOR114 A;`A ' AL SUFFICIENCY, r 3 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday, October 19, 1984 at 10:00 A.M. at the Plantation Key Government Center, Plantation Key, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1984 AN ORDINANCE AMENDING SUBSECTION (b) AND ADDING NEW SUBSECTIONS TO BE LETTERED (c), (d) AND (e) UNDER SECTION 6-57 OF CHAPTER 6 OF THE CODE OF ORDINANCES OF MONROE COUNTY, FLORIDA; PROVIDING FOR PRIMA FACIE SHOWING OF HOLDING ONESELF OUT AS A CONTRACTOR; PROVIDING FOR IDENTIFICATION OF TRUCKS AND VEHICLES USED IN THE CONTRACTING BUSINESS; PROVIDING FOR IDENTIFICATION OF CERTIFICATES OF COMPETENCY WHEN ADVERTISING OR HOLDING ONESELF OUT TO THE PUBLIC AS A CONTRACTOR; AMENDING SECTION 6-69 OF THE CODE OF ORDINANCES OF MONROE COUNTY, FLORIDA, TO PROVIDE FOR THE EXEMPTION UNDER CERTAIN CIRCUMSTANCES OF ONE TO HAVE A CERTIFICATE OF COMPETENCY; PROVIDING FOR THE SEVERABILITY OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF MONROE COUNTY; 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. DATED at Key West, Florida, this 17th day of September, 1984. 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) r PROOF OF PUBLICATION THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared Mary Lou Neish , who on oath, says that he is O f f i c e Ma n a q e r of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in Monroe County, Florida; that the attached copy of advertisement, being a Adoption of Ordinance IN THE MATTER OF Prima Facie Showing of Holding Oneself as Contractor in the newspaper in the issues of Sept • 27 1984 Affiant further says that the said FLORIDA KEYS KEYNOTER is a ne thon, in said Monroe County, Florida, and that the said newspaper has ht published in said Monroe County, Florida, each week (on Thursday) and I class mail matter at the post office in Marathon, in said Monroe County, year next preceding the first publication of the attached copy of -advert says that he has neither paid nor promised any person, firm, or corporation mission or refund for.the purpose of securing this advertisement for publica and evidence upon whiff appeal is to be based. DATED at Key West, dq$41his 17th day of Septe (SEAL) - - DANNY L. KOLi- Clerk of the Circuit :. - of onCounty, F, _ and ex officio Clerk Board of County Comr SWORN TO AND'SUBS`ICIBED BEFORE MET S of Monroe County, F - '- _ f Publish: Sept. 27, 1984 Florida Keys Keynoter DAY OF —A. D. 19 COMM 1551 ON EXP I RES MAY '31 ly 8 MY BONDED THRU GENERA!. INSURANCE UND —_ Court, was published in said NOTICE OF INTENTION TO ADOPTION OFICOUNTY OR- DINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CON- CERN that on Friday, October 19, 1984 at 10:00 A.M. at the Plantation Key Government Center, Plantation Key, Mon- roe County, Florida, the Board of County Commissioners of Monroe County, Florida, In- tends to consider the ado PpLion of the following CountyOrdi- nance: ORDINANCE -NO.. -1984 • _.-. , ....- - �(�"ice/ 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 Q 7 TOR 2. DI IRI 12E� 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 eF 1NTE*T-1-GN TO CONSIDER in the Court, was published in sal NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE newspaper in the issues of 9-27—,1 NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday, Affiant further says that the said REPORTER! October 19, 1984 at 10:00 A.M. at the Plantation Key Government Center, r Plantation Key, Monroe County, Florida, the Board of County Commissioners of ' newspaper published at Tavernier, in said Monroe Ci Monroe County, Florida, intends to consider the adoption of the following County Ordinance: Florida, and that the said newspaper has heretofor' ORDINANCE NO. -1984 continuously published in the said Monroe County, I AN_ORDINAT.7CE AMENDING SUBSECTION (b) AND ADDING NEW SUBSECTION'}'TO BE LETTERED (c), (d) AND (e) UNDER SECTION 6-57 OF each week (on Thursday), and has been entered as E CHAPTER 6;rpF THE CODE OF ORDINANCES OF MONROE COUNTY, FLORIDA; PROVIDING FOR PRIMA FACIE SHOWING OF HOLDING class mail matter at the Post Office in Tavernier l� ONESELF OUT AS A CONTRACTOR; PROVIDING FOR IDENTIFICATION OF TRUCKS AND VEHICLES USED IN THE CONTRACTING BUSINESS; County Of Monroe, Florida, for a period Of one ye; PROVIDING FOR IDENTIFICATION OF CERTIFICATES OF COMPETENCY I WHEN ADVERTISING OR HOLDING ONESELF OUT TO THE PUBLIC AS A preceding the first publication Of the attached C' CONTRACTOR; AMENDING SECTION 6-69 OF THE CODE, OR - ORDINANCES OF MONROE COUNTY, FLORIDA, TO PROVIDE FOR THE advertisement; and aff iant further says that he h EXEMPTION UNDER CERTAIN CIRCUMSTANCES OF ONE TO HAVE A CERTIFICATE OF COMPETENCY; PROVIDING FOR THE SEVERABILITY paid nor promised any firm, person, or corporatic OF THIS ORDINANCE; PROVIDINGFORTHE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE. CODE OF discount, rebate, Commission Or refund for the pit ORDINANCES OF MONROE COUNTY; AND PROVIDING FOR AN securing this said advertisement for publication EFFECTIVE DATE.Pursuant to Section 286.0105, Florida Staiutes,notice isgiven that ifaperson decided to appeal any decision made by the Board with respect to any matter said newspaper . 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. DATED at Key West, Florida, this 17th day of September, 1984. SE _ DANNY L. KOLHAGE ORN SWND SU SCRIBED BEFORE ME 4 T H Clerk of the Circuit Court -THIS of Monroe County, Florida and ex officio Clerk �t Board of GountyCommiofthe ssio DAY OF 0CTQBE:,7 A.D. , 19 . of Monroe County, rida i �t = CJ OTaJ�Y -PUBLIC' _ MY COMMISSION EXPIRES:, -- (?�-r�:�-,il lr�;.'1 n -...• r7 i•t a�:.�:" t� n�.�t a sNr� Published: 9/27/84 The Reporter Tavernier, FL 33070 �1h, i - - �- PROOF-OF-PUBLIU MON -1-irlde.. 33NO C4Jit1Y OF Ill!) Be f r. i @ ''_?.c''.- .L'1�f'.-ice ' `t' ;�, 'i t y- rrc fl I i a i_ i ?7 . _...re .... ..... ° .. . • . ° ' ♦♦ t_(.t�ry��g @ • .... . ..Of �:,� 'I�s _ r Mize:? a i J1iy ' . tY�tahager, , ' daily nvwapapez at Key ;dust i.1 t5• . =ye. COtInt17', F1-orida- that Cie attached cc.7., T of JV NOTICE • OF INTENTION, 1711, ?::Je_ !-c'_�(:L' of I TOCONSI'DER 4MIrClAdi was Pt�hlis}:r_d i� s.^ 7;i. vr,_ ;,�aaer in the iss:iCs of j that yc?i k., . e: F': Iiy in y�-t1(i� T1.h'=.7?7 Cqo:� U.: i(r':y'ti^( LaS :(' _ r. (:: C'. I.It:Lrl C^:1:-._,..iir•:. P. �:'• i'.'.lj lust'?'_ .. _ ., _. •%T i-'i •l:^:L::;i t 0.3,:�".--(:i `,7 L':.C^.;?'`. .. �:.�.1.."(t.a' ' ;� C.-:ss ;_ ill li:^C.1.?i: a the cat: U1_:_:!'.r in s..id. ;`:� ;; ;,;.. i•�.:c( .v, r j ,.•; Lor. a poi ri r.'ri of n_ie the Lirst 1' _Uiic.at 1--a o(_,.c attached copy o-c art rued of :::i.a:zt f'ur t.'say - ays � ,: , ?_, L neither paid •_, -tD� _ ;a „ ..Q �'�•. 'il., l:'1 Cr CC': t C�3�iC21 i?t' 3.F•r_'�l'ttl} , reG'nti'.p C:^r^ �:1 rc •`_t,.i:': ,,r ''he " 7rrose of securiag th:i.s advertiszment -for p in :_`.e sa=.d ;t• =:4' ipf.i . Pursuant to secTion r 286.0105, Florida Statutes, notice is given that If a person decided to appeal J }� any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the OAF ".[, f g0� proceedings, and that, for such ppurpose, he may need io ensure that a ` verbatim record of the , oTn to, atrd--subsC:ri'��iybefore- e', proceedings is made, 1 which record includes the dgi or' / � . D . 9 $ 1 testimony and evidence � • , ° ' upon which the appeal is _ ff to be based. r// DATED at Key West, Florida, this 17th day of .......... ........... o ........... September, 1964. DANNY L. KOLHAGE Clerk of the:Circuit Court of Mdni-oe County, Florida and ex officie -Clerk of the Beard - County Commissioner. cr' Monroe County, FloriGJ Sept. 27,1984 ADOPTIO,N:OF. COUNTY ORDINANCE NOTICE HS HEREBY ' GIVEN TO WHOM -IT MAY CONCERN that on Friday, October 19, 1984 at 10:00 A.M. at the Plantation Key Gover- nment Center, Plantation ' Key, Monroe County, Florida, the Board Of County Commissioners of Monroe County, Florida, i intends to consider the adoption of the following County Ordinance: .AN ORDINANCE AMENDING SUB- SECTION (b) AND ADDING. NEW SUB: SECTIONS TO BE LETTERED (c), (d). AND (e) UNDER SEC- { TION 6-57 OF CHAPTER, 16 OF THE CODE OF 'ORDINANCES OF, ;MONROE COUNTY,. FLORIDA; PROVIDING FOR PRIMA FACIE SHOWING OF HOLDING ONESELF OUT AS CON- TRACTOR;PROVIDING FOR IDENTIFICATION OF TRUCKS AND VEHICLES USED IN -THE CONTRACTING BUSINESS; .PROVIDING FOR IDENTIFICATION OF CERTIFICATES OF (COMPETENCY WHEN ADVERTISING OR HOLDING ONESELD O!'T TO THE PUBLIC AS A CONTRACTOR; AMENDING SECTION6. 69 OF THE CODE OF 'DRDINANCES OF MONROE COUNTY; FLORIDA, TO PROVIDE FOR THE EXEMPTION UNDER CERTAIN CIRCUMSTANCES OF ONE TO HAVE A CERTIFICATE OF COMPETENCY; PROVIDING FOR THE SEVERABILITY OF THIS ORDINANCE; :PROVIDING FOR THE REPEAL OF ALL OR- DINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR IN - DE ,OFUSION IN ORDINANCES OOF MONROE COUNTY; AND PROVIDING FOR fill EFFECTIVE DATE. • OF THE Si4TF b < W � u .,r� •� ` ~000 we cP°r FLORIDA DEPARTMENT OFSTATE George Firestone Secretary of State November 5, 1984 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Key West, Florida 33040 Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of and certified copy/ies of Monroe County Ordinance/s Nos. 84-28 2. Certified copy/ies of (a) Ordinance/s relative to: (b) which we have numbered which we have numbered County 3. This/these ordinance/s has/have been filed in this office on November 5 1984. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (Mrs. Nancy Kavanaugh Chief, Bureau of Laws FLORIDA-State of the Arty 'THE fr4r �o yet wt 11Y� . FLOOR I DA DEPARTMENT OF STATE George Firestone Secretary of State November 9, 1984 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Simmons, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of November 5, 1984 and certified copy/ies of Tvionroe County Ordinance/s Nos. 84-26. 84-27. 84-28 and 84 -29 2. Certified copy/ies of County (a) Ordinance/s relative to: (b) which we have numbered which we have numbered 3. 'phi-s/these ordinance/s has/have been filed in this office on ?November 9 1984. 4. The original/duplicate copy/ies showing -the filing date is/are being returned for your records. Kindest regards. NK/mb Sincerely, (Mrs.) Nancy Kavanaugh" Chief, Bureau of Laws 0 FLORIDA-State of the Arts �'fHe sr,l E b � f W V � . IQOO, N� . FLORIDA DEPARTMENT OFSTATE George Firestone Secretary of State November 9, 1984 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Simmons, Deputy Clerk Dear Mr. Kolhage: Our records show that the following ordinances were received and filed on the following dates: 84-26 Filed 10/31/84 84-27 Filed 11/9/84 84-28­1 Filed 11/5/84 84-29 Filed 10/31/84 These ordinances were all certified and had the seal imprint. Enclosed is an acknowledgement for Ord. 84-27, which was received today along with Ordinances 84-26, 84-28, and 84-29. According to your telephone instructions, these copies may be filed with the ordinances filed on an earlier date. Kindest regards. Cordially, (Mrs.) Nancy Kavanaug Chief, Bureau of Laws NK/mb Enclosure (M.B. for N. Kavanaugh) FLORIDA-State of the Arts