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HomeMy WebLinkAbout2010-010ORDINANCE NO. 2010- 010 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 100.03(4) OF THE CODE OF INDIAN RIVER COUNTY ("THE CODE"), CODIFYING AND PUBLISHING THE ORDINANCES UP TO AND INCLUDING SUPPLEMENT 78 THERETO, READOPTING THE CODE, DESIGNATING THE CODE AS THE BEST EVIDENCE OF THE CURRENT LAW OF INDIAN RIVER COUNTY, FLORIDA, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Section 125.68(1)(a), Florida Statutes, requires counties to maintain a current codification of all ordinances; and WHEREAS, Section 125.68(1)(a), Florida Statutes, requires annual publication of such codification by the Board of County Commissioners; and WHEREAS, Municipal Code Corporation publishes periodic supplements to The Code of Indian River County more often than annually on behalf of the Board of County Commissioners; and WHEREAS, Subsection 100.03(1), The Code of Indian River County, provides: The Code when adopted by the commission shall be the best evidence of the current law of the county. It shall be kept current by periodic supplements. Supplements to the Code shall be prima facie evidence of the current law of the county; however, the ordinances themselves shall be the best evidence until the Code is readopted, Be it Ordained by the Board of County Commissioners of Indian River County, as follows: SECTION 1. CODIFICATION AND PUBLICATION. Section 100.03 of The Code of Indian River County which provides: Amendment or Reseal of Ordinances 1. The Code when adopted by the commission shall be the best evidence of the current law of the county. It shall be kept current by periodic supplements. Supplements to the Code shall be prima facie evidence of the current law of the county; however, the ordinances themselves shall be the best evidence until the Code is readopted. ORDINANCE NO. 2010- 010 2. All chapters, sections, subsections, or paragraphs to be repealed should be specifically repealed by reference to the chapter, section, subsection, or paragraph as appropriate. 3. The repeal or amendment of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed or amended took effect. 4. All ordinances published by the Municipal Code Corporation in The Code of Indian River County up to and including Supplement No. 65 thereto are deemed to be codified and published. The Code of Indian River County, including such supplements, is hereby readopted, and The Code of Indian River County, as readopted, shall be the best evidence of the current law of Indian River County, Florida. is hereby amended to read as follows: Amendment or Repeal of Ordinances 1. The Code when adopted by the commission shall be the best evidence of the current law of the county. It shall be kept current by periodic supplements. Supplements to the Code shall be prima facie evidence of the current law of the county; however, the ordinances themselves shall be the best evidence until the Code is readopted. 2. All chapters, sections, subsections, or paragraphs to be repealed should be specifically repealed by reference to the chapter, section, subsection, or paragraph as appropriate. 3. The repeal or amendment of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed or amended took effect. 4. All ordinances published by Municipal Code Corporation in The Code of Indian River County up to and including Supplement No. 78 thereto are hereby deemed to be codified and published. The Code of Indian River County, including such supplements, is hereby readopted, and The Code of Indian River County, as readopted, shall be the best evidence of the current law of Indian River County, Florida. SECTION 2. SEVERABILITY. If any section, sentence, paragraph, phrase, or word of this ordinance is held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance not having been held by a court of competent jurisdiction to be unconstitutional, inoperative or void, which shall remain in full force and effect. 2 ORDINANCE NO. 2010- 010 SECTION 3. CODIFICATION. The amended language contained in Section 1 of this ordinance shall be codified as Section 100.03 of The Code of Indian River County. Additional codification, renumbering, or relettering of this ordinance is left to the discretion of Municipal Code Corporation. SECTION 4. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. This ordinance was advertised in the Vero Beach Press Journal on the 13th day of April, 2010, for a public hearing to be held on the 4th day of May, 2010, at which time it was moved for adoption by Commissioner Wheeler , seconded by Commissioner Davi s , and adopted by the following vote: Chairman Peter D. O'Bryan Aye Vice Chairman Bob Solari _ Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Gary C. Wheeler A.ye The Chairman thereupon declared the ordinance duly passed and adopted this 4th day of May, 2010. Attest: J. K. Barton, Clerk By Deputy Clerk e APPROVED AS TO FORM AND LEGAL SUFFIC Cy BY LZ� ALAN S. POLACKWICH COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chair an Effective Date: This ordinance was filed with the Department of State and becomes effective on the day of , 2010. 3