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ORDINANCE NO. 161
AN ORDINANCE OF THE CITY; OF CLEARWATER, FLORIDA, • ....-... - •
AMENDING THE CODE or ORDINANCES OT' THE CITY OF
CLEARWATER, FLORIDA, 1962, TO ENACT A NEW CHAPTER
15A, PURCHASING, TO ADOPT A PURCHASING SYSTEM; .. .
TO DEFINE THE TERMS THEREOF; TO CREATE A CENTRALIZED
PURCHASING OFFICE; TO DESIGNATE THE CITY MANAGER
AS PURCHASING AGENT, TO AUTHORIZE THE DELEGATION
OF THIS AUTHORITY BY THE CITY MANAGER AND TO SET ',''
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FORTH THE AREAS OF RESPONSIBILITY THEREFOR; TO _
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ESTABLISH PROCEDURE FOR SUBMITTAL OF REQUISITIONS
AND PURCHASE ORDERS; TO ESTABLISH PROCEDURE FOR ~ ,;,'?-''l ; %:'' ; •:.
PURCHASE OF COMMODITIES OF AN ESTIMATED VALUE
GREATER THAN FIVE THOUSAND DOLLARS AND THE PRO- x;f"""''"``` '
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CEDURE FOR AWARDING CONTRACTS IN CONNECTION ?• 4•:a X13 `:'
THEREWITH, TO ESTABLISH THE PROCEDURE FOR PURCHASE
OF COMMODITIES OF AN ESTIMATED VALUE IN THE AMOUNT ..ff
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OF FIVE THOUSAND DOLLARS OR
ESS AN
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COMMODITIES TERMINABLE BY THE CITY AND TO PROVIDE
THAT THE SAME MAY BE IN THE OPEN MARKET PURSUANT
TO THE PRESCRIBED PROCEDURE AND TO ESTABLISH THE ,w 3
PROCEDURE FOR AWARDING CONTRACTS IN CONNECTION
THEREWITH, PROCEDURE FOR DETERMINATION OF . j
IRRESPONSIBLE BIDDER AND FOR CERTAIN EXCEPTIONS
TO BIDDING PROCEDURES; TO PROVIDE CERTAIN EXEMPTIONS
FROM CENTRALIZED PURCHASING REQUIREMENTS; TO
ESTABLISH PROCEDURE FOR AWARDING PUBLIC WORKS
CONTRACTS FOR PROJECTS ESTIMATED TO COST IN EXCESS
OF FIVE THOUSAND DOLLARS, TO ESTABLISH THE PROCEDURE Y
FOR PUBLIC WORKS PROJECTS OF AN ESTIMATED VALUE "
IN THE AMOUNT OF FIVE THOUSAND DOLLARS OR LESS
AND TO PROVIDE THAT THE SAME MAY BE IN THE OPEN
MARKET PURSUANT TO THE PRESCRIBED PROCEDURE
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AND TO ESTABLISH THE PROCEDURE FOR AWARDING
CONTRACTS IN CONNECTION THEREWITH, PROCEDURE
FOR DETERMINATION OF IRRESPONSIBLE BIDDER, AND
FOR CERTAIN EXCEPTIONS TO BIDDING PROCEDURES;
TO ESTABLISH PROCEDURES FOR SALES OF SURPLUS 1
PERSONAL PROPERTY AND THE PROCEDURES FOR THE
AWARDING OF CONTRACTS IN CONNEC'T'ION THEREWITH,
TO DESIGNATE THE CITY MANAGER OR HIS DESIGNATED
REPRESENTATIVE AS SURPLUS SALES OFFICER AND TO
PROVIDE CERTAIN EXCEPTIONS TO BIDDING PROCEDURE
REQUIREMENTS IN CONNECTION THEREWITH; PROVIDING
A PENALTY FOR FAILURE TO COMPLY HEREWITH;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF is
ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT
OF SUCH CONFLICT; PROVIDING FOR THE SEPARABILITY t;
OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER
NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR
THE EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
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Section 1. The Code of Ordinances of the City of Clearwater, rlorida,
1962, is hereby amended to enact a now"Chapter 15A, Purchasing, to rand
as follows:
CHAPTER 15A. PURCHASING
Article I. System Established.
Section 15A-1. Purchasing System Adopted.
In order to establish efficient procedures for the acquisition or
use of supplies, equipment and commodities, to secure for the
City supplies, equipment and commodities at the lowest possible
cost commensurate with quality needed, to exercise positive
financial control over purchases, to clearly define and implement
the purchasing function and to assure the quality of purchases,
a purchasing system is hereby adopted.
Section 15A'-z. Definitions.
The following words, terms and phrases are hereby defined as
follows and shall be interpreted as such throughout this ordinance.
Terms not herein defined shall have the meaning customarily
assigned to them.
(1) Commodity: Any of the various supplies, materials, goods,
merchandise, equipment, services and other personal property
purchased, leased or otherwise contracted for by the City.
However, commodities purchased for resale are excluded from
the provisions of this ordinance.
(2) Public Works Contracts: All contracts involving construction
for the City.
(3) Lowest Res onsible Bidder: The lowest bidder whose offer best
responds in quality, fitness and capacity to the requirements of
the proposed work or usage., as specified. In determining the
lowest responsible bidder, the following shall be considered,
in addition to price:
(a) The quality of supplies offered;
(b) The ability, capacity and skill of the bidder to perform the
contract or provide the supplies or services required;
(c) Whether the bidder can perform the contract or provide the
supplies or services promptly, or within the time specified,
without delay or interference;
(d) The sufficiency of the bidder's financial resources and the
effect thereof on his ability to perform the contract or provide
the supplies or services;
(e) The character, integrity, reputation, judgment, experience
and efficiency of the bidder;
(f) The quality of bidder's performance on previous orders or
contracts for the City;
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(g) Litigation by the bidder on previous orders or contracts with e
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(h) The previous and existing compliance by the bidder with local
by the bidder with local
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laws and ordinances relating to the subject of the purchase or .I % I,' .'; " of :,r•i L;),.F i
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contract; and
(i) The ability of the bidder to provide future maintenance and
service where such maintenance and service is essential. ?; ° : •:' ?? °,?:""
(4) Purchasing Agent: The City Manager of the City of Clearwater
or his designated representative who shall be an Assistant City -
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Manager in his office. ,
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Section 15A-3. Centralized Purchasing Office. ,'Xt
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There is hereby created within the office of the City Manager ?
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a centralized purchasing office.
Section 15A-4. Purchasing Agent.
The City Manager is the purchasing agent for the City.' The City
Manager shall have the authority to do as follows:
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(1) Purchase or lease, or contract for the purchase or lease of ;.
commodities required for or by the City, in accordance with .?
purchasing procedures prescribed by this Chapter and in
accordance with such administrative regulations as the City
Manager may prescribe for internal management and operation
of the purchasing office. ti
(2) Negotiate and recommend execution of contracts for the purchase
of commodities.
(3) Act to procure for the City the needed quality in commodities
at least expense.
(4) Discourage uniform bidding, and endeavor to obtain as full and
open competition as possible on all purchases.
(5) Prepare revisions and amendments to the purchasing regulations
and recommend the same to the City Commission.
(6) Prepare rules governing the purchase of commodities for the City.
(7) Keep informed of current developments in the field of purchasing, ,
prices, market conditions and new products.
(8) Prescribe and maintain such forms as reasonably necessary to
the operation of this Chapter and other rules and regulations.
(9) Supervise the inspection of all supplies and equipment purchased
to ensure conformance with specifications.
(10) Recommend the transfer of surplus and unused supplies and
equipment between departments as needed.
(11) Maintain a bidders list, vendors catalog file and records needed
for the efficient operation of the purchasing office.
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(12) Conduct all sales of personal property which the City
Commission may authorize to be sold as having become
unnecessary or' unfit for the City's use.
Section 15A-5. Submittal of Requisitions; Department Directors'
Signatures,
Department directors shall submit requests for commodities to
the purchasing office by standard requisition forms, or by other
means as may be established by the purchasing rules and regulations.
The department director' a signature on a purchase requisition indicates
that funds are available and authorizes expenditure of such funds to
the purchasing office, '
Section 15A-6. Purchase Orders to be Used.
Purchases of commodit ies shall be made only by purchase order.
Except as otherwise provided in this Chapter, no purchase order
shall be issued unless the prior approval of the City Manager has
been obtained.
Article 11. Purchase of Commodities
Section ISA -7. Formal Bids and Contracts: Purchases over $5, 000.
Except as otherwise provided in this Chapter, the purchase of
commodities of an estimated value of Five Thousand Dollars
($5, 000) or more shall be by written contract with the lowest
responsible bidder whose bid has been solicited, received and
approved, pursuant to the following procedures:
(1) Notice Inviting Bids. Notices inviting bids shall be published
and shall include a general description of the articles to be
purchased, shall state where bid blanks and all specifications
may be obtained, and shall state the time and place for opening
of bids.
(a) Published Notice. Notices shall be published at least
twice in a newspaper of general circulation, printed and
published within the City. Publication date shall allow
adequate time for prospective suppliers to prepare bids.
(b) Bidders List. Sealed bids shall also be solicited from
responsible prospective suppliers whose names are on the
bidders list or who have made written request that their
names be added thereto.
(2) Bidders Security. When deemed necessary by the City Manager,
bidders security may be prescribed in the public notices inviting
bids. 'Bidders shall be entitled to return of bid security; provded
that a successful bidder shall forfeit his bid security upon his
refusal or failure to execute the contract within ten (10) days after
the notice of award of contract has been mailed, unless in the
latter event the City is solely responsible for the delay in executing
the contract. The City Commission may, on refusal or failure of
the successful bidder to execute the contract, award it to the
next lowest bidder, the amount of the lowest bidder's security
shall be applied by the City to the contract price differential
between the lowest bid and the second lowest bid, and the
surplus, if any, shall be returned to the lowest bidder.
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(3) Bid Opening Procedures. Sealed written bids shall be returned
to the City and identified as, "bids" on the envelope. Bids
shall be opened in public at the time and place stated in the public
notices. A tabulation of all bids received shall be made available
to the public.
(4) Rejection of Bids. In his discretion, the City Manager may:
(a)Reject all bids, or
(b) Reject all bids and readvertise for bids, pursuant to
the procedure prescribed above.
(5) Award of Contracts. Except as otherwise provided in this
Chapter, contracts shall be awarded by the City Commission
to the lowest responsible bidder.
(6) Performance Bonds. A performance bond may be required
before entering into a contract in such amount as is found
reasonably necessary to protect the best interests of the City.
If a performance bond is required, the form and amount of the
bond shall be described in the notice inviting bids.
Section 15A..8. Open Market Procedure.
Except as otherwise providedin this Chapter, purchases of
commodities of an estimated value in the amount of Four Thousand
Nine Hundred Ninety-nine Dollars ($4, 999. 00) or less, and all leases
of commodities terminable by the City, may be made in the open market,
pursuant to the following procedure and without observing the procedure
prescribed above in Section 15A-7:
(1) Minimum Number of Bids. Open market purchases shall,
whenever possible, be based on at least three (3) bids, and
shall be awarded to the lowest responsible bidder.
(2) Notice Inviting Bids. Bids shall be solicited either by written
request to prospective vendors or by telephone.
(3) Sealed written bids. Sealed written bids shall be submitted
to the purchasing agent who shall keep a record of all open
market orders and bids.
(4) Bid Opening Procedures. Bids shall be opened in public at the
time and place designated by the purchasing agent.
(5) Rejection of Bids. The City Manager as purchasing agent may:
(a) Reject all bids, or
(b) Reject all bids and re-obtain bids pursuant to the
procedures prescribed in this Chapter.
(6) Award of Contracts. Except as otherwise providedInthis
Chapter, each contract shall be awarded to the lowest
responsible bidder.
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Section 15A-9. Determination of Irresponsible Bidder. ?r• V4
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A bidder may be found to be irresponsible and his bid may be
rejected if it is determined following a hearing conducted by the ;E . ,': :` :; A,•
purchasing agent that any or all of the following circumstances
exist:
(1) That a bid submitted by a bidder did not strictly conform to `'.''
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the required bid specifications; provided, however', the City ?,
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shall have the authority to waive inconsequential deviations
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from said specifications where a change does not occur
resulting in an increase in price to the City. ''•a_ :;: ',` :''. ,'
(Z) That a bidder has demonstrated, through documented past y,''
performance in the industry, or through prior dealings with
the City, that he is unable to satisfactorily meet the ;gin,, ?_ :?;°`?r'"'':`L+7• )
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responsibilities required of a successful low bidder.
(3) That a bidder's product has been demonstrated, through
documented past performance in the industry, or through F
prior use by the City, to be incapable of satisfactorily `
meeting the accepted demands to be placed upon said product.
Section 15A-10. Exceptions to Bidding Procedures.
The bidding requirements set forth in this Chapter may be dispensed
with when one of the following conditions exist:
(1) A department director certified to the purchasing agent that an
emergency exists in regard to the purchase of any commodity
so that the delay incident to giving opportunity for competitive
bidding would be detrimental to the interest of the City. The
involved department director shall provide a detailed summary
outlining the facts demonstrating the existence of an emergency.
The bidding requirements provided in Section 15A-7 may only be
dispensed with by the City Commission upon determining that an
emergency exists.
(Z) Commodities available only from a single source.
(3) The amount of the purchase involved is estimated to be
Five Hundred Dollars ($500. 00) or less.
(4) When it is to the advantage of the City to purchase supplies
in cooperation with another governmental agency.
Section 15A-11. Exemptions from Centralized Purchasing.
The City Manager may authorize, in writing, any City department
to purchase specified commodities independently of the purchasing
office; but he shall require that such purchases shall be made in
conformity with the procedures established by this Chapter, and
shall further require periodic reports from said department on the
purchases made under such written authorization,
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Article 111. Public Works Contracts
Section 15A.•12. Formal Bids & Contracts; Projects over $5, 000.
Each public works project estimated to cost Five Thousand Dollars
($5, 000) or more shall be constructed pursuant to a written contract
with the lowest responsible bidder whose bid has been solicitied,
received and approved pursuant to the following procedures:
(1) Notice Inviting Bids. Notices inviting bids shall be published at
least twice in a newspaper of general circulation, printed and
published within the City. The first publication shall be not
less than ten (10) days before the date of opening bids. The
second publication shall be not leas than five (5) days from the
date of the first publication.
(2) Bidders List. Sealed bids shall also be solicited from responsible
prospective bidders whose names are on the bidders list or who
have made written request that their names be added thereto.
(3) Bidders Security. When deemed necessary, bidders security -nay
be prescribed in the public notices inviting bids. Bidders ahll
be entitled to return of bid security; provided that a successful
bidder shall. forfeit his bid security upon his refusal or failure to
execute the contract within ten (10) days after the notice of award
of contract has been mailed, unless in the latter event the City is
solely responsible for the delay in executing the contract. The
City Commission may, on refusal or failure of the successful bidder
to execute the contract, award it to the next lowest bidder. If
the City Commission awards the contract to the next lowest bidder,
the amount of the lowest bidder's security shall be applied by the
City to the contract price differential between the lowest bid and
the second lowest bid, and the surplus, if any, shall be returned
to the lowest bidder.
(4) Bid Opening Procedures. Sealed bids shall be returned to the
City and shall be identified as "bids" on the envelope. Bids
shall be opened in public at the time and place stated in the
public notices. A tabulation of all bids received shall be made
available to the public.
(5) Rejectlon of Bids. The City Manager as purchasing agent may;
(a)Reject all bids, or
(b) Reject all bids and readvertise for bids pursuant to the
procedures prescribed in this Chapter.
(6) Reject all bids and direct that the public works project in
question be performed by City forces upon determining
that the project can be timely performed for an amount less
than each of the bids submitted.
(7) Award of Contracts. Except as otherwise provided in this
Chapter, contracts shall be awarded by the City Commission
to the lowest responsible bidder.
(8) Performance Bond. A performance bond may be required before
entering into a contract, in such amount as is found reasonably
necessary to protect the best interests of the City. If a performance
bond is required, the form and amount of the bond shall be
described in the notice inviting bids.
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Section 15A-13. Open Market Procedure - Project $4, 999 or under. ?t •;'
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Except as otherwise provided in this Chapter, contracts for the • "' °
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completion of projects estimated to cost $4, 999 or less may be
executed after bids have been obtained in the open market, pursuant
to the following procedure, without observing the procedure prescribed
above in Section 15A..12:
(1) . Minimum Number of Bids. Open market contracts shall, whenever ! ' `' " `" `,° •`'
possible, be based on at least three (3) bids, and shall be a-yarded
to the lowest responsible bidder.
(Z) Notice Inviting Bids. Bids shall be solicited by written request s -w: - x ' '",:"`•`'?'
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to prospective vendors. f
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(3) Rejection of Bids. The City Manager as purchasing agent may:
(a) Reject all bids, or
(b) Reject all bids and re-obtain bids pursuant to the procedure`'
prescribed in this Chapter. r',ft
(4) Award of Contracts. Except as otherwise provided in this •;1`
Chapter, each contract shall be awarded to the lowest responsible
bidder.
Section 15A-14. Determination of Irresponsible Bidder.
A bidder may be found to be irresponsible, and his bid may be rejected,
if it is determined following a hearing conducted by the purchasing
agent that any or all of the following circumstances exist:
(1) That a bid submitted by a bidder did not strictly conform to the
required bid specifications; provided, however, the City shall
have the authority to waive inconsequential deviations from said
specifications where a change does not occur resulting in an
increase in price to the City.
(2) That a bidder has demonstrated, through documented past
performance in the industry, or through prior dealings with the
City, that he is unable satisfactorily to meet the responsibilities
required of a successful low bidder.
Section 15A-15. Exceptions to Bidding Procedures.
The bidding requirements for public works contracts may be dispensed
with only in the event that the amount of the completed project involved
is estimated to cost. Five Hundred Dollars ($500) or less.
Article IV. Sale of Surplus Personal Property
Section 15A-16. Surplus Sales Officer.
The City Manager shall be the surplus sales office.
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Section 15A-17- Surplus Sales Over $5, 000-
Except as otherwise provided in this Chapter, following authorization
by the City Commission, the sale of an item or of common bulk items j'. •'''"?`'1 ``''
of an estimated value greater than Five Thousand Dollars ($5, 400) 'v': ''; ''•,:
shall be b written contract with the highest responsible bidder whose
bid has been solicited, received and approved pursuant to the following o-:;;,?,• . s'.'' . ': `
procedure:
(1) Notice Inviting Bids. Notices inviting bids shall be published
and shall include a general description of the items to be sold,
shall state where bid blanks and all specifications may be obtained,
and shall state the time and place for opening of bids.
(Z) Bid Opening Procedures. Sealed written bids shall be returned to
the City and shall be identified as "bids" on the envelope. Bids
shall be opened in public at the time and lace stated in the public ,y,, , 'rY I;'}?},'•t?=:.;
notices. A tabulation of all bids received shall be made available
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to the public
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3 Rejection of Bids. In the sale of surplus personal property, the i
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City Manager as surplus sales officer may:
.
(a) Reject all bids, or f
(b) Reject all bids and readverti.se for bids pursuant to i
the procedures prescribed above. _
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(4) Award of Contracts. Except as otherwise provided in this
Chapter, contracts for the sale of surplus personal property
shall be awarded by the City Commission to the highest
responsible bidder.
Section 15A-18. Surplus Sales Under $5, 000.
Except as otherwise provided in this Chapter, following authorization
by the City Commission, the sale of an item or of common bulk items
of an estimated value of Five Thousand Dollars ($5, 000) or less may be earn
made in the open market, pursuant to the following procedure and without i
observing the procedure prescribed above:
(1) Minimum Number of Bids. Open market sales shall, whenever
possible, be based on at least three (3) bids and shall be awarded
to the highest responsible bidder.
(Z) Notice Inviting Bids. Bids shall be solicited either by written
request to prospective buyers, or by telephone.
(3) Rejection of Bids. The City Manager as surplus sales officer
may:
(a) Reject all bids, or
(b) Reject all bids and re-obtain bids pursuant to the procedure
prescribed in this Chapter.
(4) Award of Contracts. Except as otherwise provided in this Chapter,
each contract for the sale of surplus personal property authorized
by this section shall be awarded to the highest responsible bidder.
Ord::.01614'
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Section 15A-19. Exceptions to the Bidding Procedures.
The bidding requirements set forth in this Chapter may be
dispensed with when the amount of the sale involved is estimated
to be Viva Hundred Dollars ($500) or lose.
Section Z. Any person, organization, society, association or
corporation, or any agent or representative thereof, who shall violate or
fail to'comply with the provisions of this ordinance shall be subject, upon }
conviction, to a fine not exceeding the sum of Five Hundred Dollars ($500, 00),
or imprisonment for not exceeding sixty (60) days, or by both such fine and
imprisonment in the discretion of the Judge.
Section 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 4. Should any part or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 5. Notice of the proposed enactment of this ordinance has
` been properly advertised in a newspaper of general circulation in accordance
with Chapter 166.041, Florida Statutes.
Section 6. This ordinance shall become effective immediately upon
its passage. +
PASSED ON FIRST READING May 6, 1976
PASSED ON SECOND AND FINAL
READING AND ADOPTED May 20, 1976
Mayor-Commie er
Atte
j Clerk 1
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