Ordinance 2004-61
ORDINANCE NO. 2004- 61
AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EXTENDING
THE EFFECTIVE DATE OF ORDINANCE 2004-41, WHICH
RECODIFIED THE COLLIER COUNTY lAND DEVELOPMENT
CODE, TO OCTOBER 18, 2004, DUE TO UNFORESEEN
CIRCUMSTANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
RECITALS
WHEREAS, on June 22, 2004, the Collier County Board of County
Commissioners (Board) adopted Ordinance No. 2004-41, which re-codified and re-
adopted the Collier County Land Development Code (LDC), and which was intended to
became effective on September 27,2004; and
WHEREAS, the Board, on July 27, 2004, adopted Ordinance 2004-54, which, in
part, amended a portion of the re-adopted and re-codified LDC, and which was intended
to become effective as to those parts of the Ordinance which pertained to the re~opte~
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and re-codified LDC on September 27, 2004, or until such time as Ordinance i~4-4~
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became effective; and ~ ~:, N
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WHEREAS, the Board, on July 27,2004, also adopted Ordinance 2004-55~Ch~
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in part, amended a portion of the Code of Laws and Ordinances (Code of L~ toC)
relocate portions of the prior existing LDC, and which was intended to become effective
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on September 27,2004, or until such time as Ordinance 2004-41 became effective; and
WHEREAS, Municipal Code Corporation, due to unforeseen weather
emergencies, including Hurricanes Frances and Ivan, advised on September 15, 2004,
that it will require additional time to complete its re-publication of the LDC and the
corresponding publication of the amendments to the Code of Laws described above; and
WHEREAS, the advent of these unforeseen weather emergencies has made
compliance with the publication of notice provisions of Section 125.66 (2) Fla. Stat (2004),
impossible; and
WHEREAS, Section 125.66 (3), provides for the adoption of this emergency
Ordinance without prior publication of notice otherwise required so long as at least four-
Page 1 of 2
fifths of the Board approve this Ordinance following a declaration that an emergency
exists and that the immediate enactment of this Ordinance is necessary.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE:
RECITALS.
The foregoing Recitals are true and correct and are incorporated by reference as
if fully set forth and stated herein by the Board.
SECTION TWO: EXTENSION OF EFFECTIVE DATE OF ORDINANCE 2004-41.
The effective date of Ordinance 2004-41, is hereby extended until 12:01 A.M.,
October 18, 2004. The Board also recognizes that, solely by operation of law as stated in
the Effective Date provisions of Ordinances 2004-54 & 2004-55, the current effective date
of those ordinances is likewise extended until at least October 18, 2004.
SECTION THREE: EFFECTIVE DATE.
This Ordinance will become effective pursuant to Section 125.66 (3), Fla.
Stat. (2004), when accepted by the United States Postal Service for special delivery by
certified mail to the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 21st day of September, 2004.
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Patrick . hlte
Assistant County Attorney
This ordinance filed with the
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end ocknowledgeme~f that
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Page 2 of 2
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-61
Which was adopted by the Board of County Commissioners
on the 21st day of September 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 22nd
day of September, 2004.
DWIGHT E. BROCK
Clerk of Courts \~oì"tù~,~Fk
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By: Linda Á"- <iÞÌ01J.tž~'~,···¡'l f
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Deputy C:t-~~';':;;;' ~"~\.."",,,~
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