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Backup Documents 05/11/2010 Item #17CCOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ❑ Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: � 1 Originating Dept/ Div: TECM/ Transportation Person: Dan Hall Date: 4/19/10 Petition No. (If none, give brief description): Transportation Division wishes to amend Ordinance No. 98 -1 to allow for installation of swale enclosures on 11 Ph Avenue North and along 8'h Street North in order to install sidewalks. Petitioner: (Name & Address): Daniel Hall, Sr. Project Manager, TECM Department, 2885 South Horseshoe Drive, Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before 5 -11 -10 BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): ❑ Naples Daily News ❑ Other Proposed Text: (Include legal description & common location & Size: ORDINANCE NO. 2010- ❑ Legally Required AN ORDINANCE AMENDING ORDINANCE NO. 98 -1, BY REVISING SECTION EIGHT, SIZE OF PIPE REQUIRED, TO AUTHORIZE NEW SWALE ENCLOSURES ON THE 700 BLOCK OF 111'$ AVENUE NORTH, ALL BLOCKS ALONG 8'$ STREET NORTH, AND AUTHORIZING THE COUNTY TO PERFORM CONSTRUCTION, MAINTENANCE, SWALE ENCLOSURES, AND ADJUST PIPE SIZES AS DEEMED NECESSARY FOR THE BEST INTEREST OF THE PUBLIC'S HEALTH, SAFETY AND WELFARE; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ® Yes ❑ No If Yes, what account should be charged for advertising costs: -M&ft T. T- ID 4OW11 caqq,3 y � * o 194 ion Administrator or Designee D e Attachments: Amending Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to (] Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: ["_ y� ]� Date Received: 18 Date of Public hearing: —1 HD Date Advertised: 4-7 io Board of County Commissioners Purchasing Department 3301 Tamiami Trail E Naples FL 34112 Tax Exempt: 85- 801262183OC -2 Vendor# 102127 NAPLES DAILY NEWS COLLIER COUNTY PUBLISHING CO PO Box 7009 NAPLES FL 34101 Please deliver to: TRANS DESIGN ENG (TECM) 2885 S. HORSESHOE DR. NAPLES FL 34104 Terms of Payment Payable immediately Due net Send all Invoices to: , Board of County Commissioners Attn: Accounts Payable Building F 7th Floor (D 3301 Tamiami Trail E Naples FL 34112 Purchase Order number must appear on all related correspondence, shipping papers and invoices: Purchase order PO Number 4500116993 Date 04/05/201 0 Contact Person TECM Admin Delivery Date: 09/30/2010 Currency USD Item Material Description Order Qtly Unit Price Per Unit Net Value 00010 Legal ad to advertise an amendment to 500 each 1.00 500.00 Ordinance 98 -1 for the Naples Park sidewalk Imp Project. Total net value excl. tax USD 500.00 VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Purchasing Internet site: http: / /www.colliergov.net/index.aspx ?page =762 (revision date 01/22/2008), including delivery and payment terms. Further the VENDOR agrees to: 1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above. 2. Notify department Immediately if order fulfillment cannot occur as specified. 3. Send all invoices to: Board of County Commissioners Attn: Accounts Payable Building F 7th Floor 3301 Tamiami Trail E Naples FL 34112 The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: Y (� Stephen Y. Carnell, General Services / Purchasing Director Printed Tue Apr 06 2010 09:24:00 GMT -0400 313- 163673 - 649100 - 69081.1 Page 1 of 1 17C ORDINANCE NO. 2010- AN ORDINANCE AMENDING ORDINANCE NO. 98 -1, BY REVISING SECTION EIGHT, SIZE OF PIPE REQUIRED, TO AUTHORIZE NEW SWALE ENCLOSURES ON THE 700 BLOCK OF 111TH AVENUE NORTH, ALL BLOCKS ALONG 8TH STREET NORTH, AND AUTHORIZING THE COUNTY TO PERFORM CONSTRUCTION, MAINTENANCE, SWALE ENCLOSURES, AND ADJUST PIPE SIZES AS DEEMED NECESSARY FOR THE BEST INTEREST OF THE PUBLIC'S HEALTH, SAFETY AND WELFARE; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 98 -1 was adopted by the Board of County Commissioners on January 6, 1998; and WHEREAS, the Board determined at that time it was in the public's interest to allow the individual homeowners in the Naples Park Subdivision area to enclose roadside swales in front of their homes, with certain restrictions; and WHEREAS, Transportation Division staff now have construction plans ready to construct sidewalks in the Naples Park area; and WHEREAS, in order to construct these sidewalks, drainage improvements, such as the closure of swales along 111 th Avenue North, will be necessary due to safety and Americans with Disabilities Act (ADA) concerns; and WHEREAS, a General Permit Modification authorizing this work has already been received from the South Florida Water Management District and the Collier County Stormwater Management Section has approved the project, staff desires approval by the Board to allow the drainage improvements as planned for this sidewalk project. Words underlined are added; Words s#uel 4hFeu0 are deleted. 17C NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION EIGHT OF COLLIER COUNTY ORDINANCE NO. 98-1: Section Eight is hereby amended to read as follows: SECTION EIGHT: SIZE OF PIPE REQUIRED The size of pipe shall vary between locations, depending upon the street address. The following list provides pipe sizes for the various street and blocks: Street name Block Number(s) Minimum Pipe Size* 91St Ave. N. 500, 600, 700, & 800 18" diameter 92nd Ave. N. 500, 600, 700, & 800 18" diameter 93rd Ave. N. 500, 600, & 800 18" diameter 700 24" diameter 94th Ave. N. 500, 600, & 800 18" diameter 700 24" diameter 95th Ave. N. 500 24" diameter 600, 700, & 800 18" diameter 96' Ave. N. 500 24" diameter 600, 700, & 800 18" diameter 97' Ave. N. 500 24" diameter 600, 700, & 800 18" diameter 98th Ave. N. 500 24" diameter 600, 700, & 800 18" diameter 99th Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 100th Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 101st Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 102nd Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 103rd Ave. N. 500 & 600 24" diameter 700 & 800 18" diameter 104th Ave. N. 500 & 600 24" diameter 700 & 800 18" diameter 105th Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter P) Words underlined are added, Words steel thfou g are deleted. 17C 106th Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 107th Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 108th Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 109th Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 110th Ave. N. 500 & 800 18" diameter 600 & 700 24" diameter 111th Ave. N. No new •ale ° elesures allowed-. 700 30" diameter Vanderbilt Drive (East side) 91St Ave. N. to 110th Ave. N. 24" diameter 110th Ave. N. to 111' Ave. N. 18" diameter 6th Street N. All Blocks 1811 diameter 7" Street N. All Blocks 18" diameter 8th Street N. Ne new ale ° eles es alle w°a. All Blocks 15" diameter * Note 19" x 30" slotted pipe can be used in place of 24" diameter pipe when needed. The Countv shall have the authorization to perform construction maintenance and to enclose swales and adjust pipe sizes as deemed necessM for the best interest of the Public's health, safety and welfare. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a c Words underlined are added; Words strusk threxgh are deleted. Pc separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, on this day of ATTEST: DWIGHT E. BROCK, Clerk LE As Deputy Clerk Approved as to form and legal sufficiency: Scott R. Teach, Deputy County Attorney 10- ECM - 01269/1 L OW BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Lo 4 FRED COYLE, CHAIRMAN Words underlined are added; Words stnaelE tweag are deleted. 17C Acct #068784 April 22, 2010 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Ordinance Amending Ordinance 98 -1 Dear Legals: Please advertise the above referenced notice on Friday, April 30, 2010, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500116993 U 17 C `4 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 11, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NO. 98 -1, BY REVISING SECTION EIGHT, SIZE OF PIPE REQUIRED, TO AUTHORIZE NEW SWALE ENCLOSURES ON THE 700 BLOCK OF 111TH AVENUE NORTH, ALL BLOCKS ALONG 8TH STREET NORTH, AND AUTHORIZING THE COUNTY TO PERFORM CONSTRUCTION, MAINTENANCE, SWALE ENCLOSURES, AND ADJUST PIPE SIZES AS DEEMED NECESSARY FOR THE BEST INTEREST OF THE PUBLIC'S HEALTH, SAFETY AND WELFARE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, 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 based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 17C I 4 u 17C Ann P. Jennejohn To: Naples Daily News Legals Subject: Amending Ordinance 98 -1 Attachments: Amending ORD. 98- 1.doc; AMEND ORD 98 -1.doc Good Afternoon, Please advertise the attached on Friday, April 30, 2010. Thank you. Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (fax) Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Thursday, April 22, 2010 1:18 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT258343.txt; Amending Ordinance 98 -1 This is an automatically generated Delivery Status Notification. b� Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. Iegals@naplesnews.com 17C Ann P. Jennejohn From: Martha S. Vergara Sent: Thursday, April 22, 2010 3:50 PM To: Ann P. Jennejohn Subject: FW: Ad Confirmation Attachments: UAS2B5.jpg - - - -- Original Message---- - From: Pagan, Emely [mailto:EPagan @Naplesnews.com] Sent: Thursday, April 22, 2010 3:37 PM To: Martha S. Vergara Subject: Ad Confirmation ATTACHED please review your notice & confirm APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. Thank you for placing your ad. PUB. Date APRIL 30, 2010 Ad Number 1850681 Total Ad Cost $259.38 Emely Pagan 239 - 213 -6061 PNIOTICS OF INTENT TO CONSIDER ORDINANCE 17C Notice is herby given that the Board of County Commissioners of Collier County W 111 hold a public hea ring.on Tuesday May 11, 2010, In the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamlarn! Trail, Naples, Florida, THe meeting will begin at 9:00 W. The title of The proposed Ordinance Is w follows: AN ORDINANCE AMENDING ORDINANCE NO. 98-1 BYREVISING SECTION EIGHT, SIZE or PIPE REQUIRED' TOAUTHORIZENEW SW-�LE ENCLOSURES-ON THE 700 Kotl( OF 111TH AVENUE NORTH, ALL SLOtKS ALONG 8TH STREE T1 NORTH, AND AUTHORIZING THE COUNTY TO PERF'ORM CONMUCTION. MAINTENANCE, SWALE ENCLOSURES, AND ADJU.15TTIPE SIZES AS DEEMED NECESSARY FOR THE GESTIN- TERESTOF THE PUBLICS, HEALTH. SAFETY AND WELFARE; PROVIDIN,G FOR I,NCLU- 51ON IN THE C L OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordnance are ran file with thee Clerk to the Board anti are available for inspection. All interested parties are invited to attend and be heard. ,NOTE: All Per-sons wishing To speak on any a ends item mustregi-5ter with the COUnTy Administrator prior to presentation opthe agenda item TO �be addressed. Individual speakers wall be limited to 3 minutes on any item. The stflection of an in- dividual to speak on behalf of art organization or gr0LJp is encoura,Qed. if recog- nized by the Chair, aspokensperson fix a group or organization may be allotted 10 M in utes to speak on an Item- Persons wishing to have written or graphic materials included in The Board agenda packets must submit said material a minimum of luveeks prior to the respective RLjbl ic hearing In any case, wriUen materials intended to be considered by the card shall bex.sobmiTted., to the apprppri ate Count ` staff a m fnimtm of seven days prior to the public hearing. All material used in presentations before the Board will becorne a permanent part of the record. Any person who decides to appeal a decision of'the Roard will need a record of the pr,,d,'n is pertaining thereto and therefore, may need try ens-ure that a verbatim record of %e proceedings is mada, which record includes the testimony and evi- derice, upon vkich the appeal is based, If you are @person with a disability m&oo needs any a"ornmodation In order to Isar- tics pate in this proceeding; you are entitled, at no cost to you, To the provision OT certain assistance. Please contact the Collier County Facilities Management Depart- ment, located .al.3301 Tamiami Trail East, Buildinq W, Naples, Ficrida 34112, (23 9) 252-83-80. Assisted listening devirces for the hearing impaired areavallable in The County Commissioners` Office BOARD OF CQUNTY COMMISSIONER5 COLLIER COUNTY, FLORIDA FRED W. COYLE,.CHAIRMAN DWIGHT E BROCK, CLERK By Ann Jenne john, Deputy Clark KEAL) April 30, 2010 No111850681 Naples Daily News✓rV Naples, FL 34110 Affidavit of Publication Naples Daily News --------------------------------------------------- 4------------------ - - - - -- BCC /CDES BUDGET OFFICE CLERK OF CIRC. COURT P 0 BOX 413044 NAPLES FL 34101 REFERENCE: 068784 P.O. #4500116993 59615362 NOTICE OF INTENT TO State of Florida Counties of Collier and Lee Before the undersigned authority, perso appeared Tracy Reeve, who on oath says th serves as the Senior Accountant, of the N Daily News, a daily newspaper published a in Collier County, Florida: distributed i. and Lee counties of Florida; that the att copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Napl News is a newspaper published at Naples, Collier County, Florida, and that the sai newspaper has heretofore been continuousl day and has been entered as second class matter at the post office in Naples, in s Collier County, Florida, for a period of next preceding the first publication of t, attached copy of advertisement; and affia: further says that he has neither paid nor promised any person, firm or corporation discount, rebate, commission or refund fo purpose of securing this advertisement fo publication in the said newspaper. PUBLISHED ON: 04/30 AD SPACE: 86 LINE FILED ON: 04/30/10 -------------------------------------------------- Signature of Affiant Sworn to and Subscribed before me this 3 C-d� day of 20 JC) Personally known by me L. 4,M KAROL E KANGAS Notary Public - State of Florida + .c My Comm. Expires Jul 29, 2013 o� Commission # DD 912237 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP. . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO � 7 W'd THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ..o.w:.....,frr , a Ch.;r..,an,a a;m,at�,re draw a line through raining lines #1 through #4. complete the checklist, and forward to Sue Filson (line #5). Route to Addressees) List in routing order Office Initials Date 1. a ro riate. (Initial) Applicable) 2. M v Agenda Item Number f 3. / / 4. Scott R. Teach, Deputy County Attorney,7( County Attorney Number of Original r Jt 1 p 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners Documents Attached 4 9 cs )__j 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Dan Hall Phone Number 252 -6077 Contact a ro riate. (Initial) Applicable) Agenda Date Item was M v Agenda Item Number f Approved by the BCC / / Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached U �� -d ° ` �' '` c e Documents Attached 4 9 cs )__j INSTRUCTIONS & CHECKLIST I: Forms/ Countv Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's (O signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian N ithchell in the BCC office within 24 hours of BCC approval. G l� Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on ti i c5 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ Countv Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 17C4# ORDINANCE NO. 2010- 19 AN ORDINANCE AMENDING ORDINANCE NO. 98 -1, BY REVISING SECTION EIGHT, SIZE OF PIPE REQUIRED, TO AUTHORIZE NEW SWALE ENCLOSURES ON THE 700 BLOCK OF 111' AVENUE NORTH, ALL BLOCKS ALONG 8' STREET NORTH, AND AUTHORIZING THE COUNTY TO PERFORM CONSTRUCTION, MAINTENANCE, SWALE ENCLOSURES, AND ADJUST PIPE SIZES AS DEEMED NECESSARY FOR THE BEST INTEREST OF THE PUBLIC'S HEALTH, SAFETY AND WELFARE; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 98 -1 was adopted by the Board of County Commissioners on January 6, 1998; and WHEREAS, the Board determined at that time it was in the public's interest to allow the individual homeowners in the Naples Park Subdivision area to enclose roadside swales in front of their homes, with certain restrictions; and WHEREAS, Transportation Division staff now have construction plans ready to construct sidewalks in the Naples Park area; and WHEREAS, in order to construct these sidewalks, drainage improvements, such as the closure of swales along 111th Avenue North, will be necessary due to safety and Americans with Disabilities Act (ADA) concerns; and WHEREAS, a General Permit Modification authorizing this work has already been received from the South Florida Water Management District and the Collier County Stormwater Management Section has approved the project, staff desires approval by the Board to allow the drainage improvements as planned for this sidewalk project. Words underlined are added; Words stFurak dweugl} are deleted. 17C 44 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION EIGHT OF COLLIER COUNTY ORDINANCE NO. 98-1: Section Eight is hereby amended to read as follows: SECTION EIGHT: SIZE OF PIPE REQUIRED The size of pipe shall vary between locations, depending upon the street address. The following list provides pipe sizes for the various street and blocks: Street name Block Number(s) Minimum Pipe Size* 91St Ave. N. 500, 600, 700, & 800 18" diameter 92nd Ave. N. 500, 600, 700, & 800 18" diameter 93`d Ave. N. 500, 600, & 800 18" diameter 700 24" diameter 94' Ave. N. 500, 600, & 800 18" diameter 700 24" diameter 95th Ave. N. 500 24" diameter 600, 700, & 800 18" diameter 96th Ave. N. 500 24" diameter 600, 700, & 800 18" diameter 97' Ave. N. 500 24" diameter 600, 700, & 800 18" diameter 98th Ave. N. 500 24" diameter 600, 700, & 800 18" diameter 99th Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 100th Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 101St Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 102 "d Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 103`d Ave. N. 500 & 600 24" diameter 700 & 800 18" diameter 104th Ave. N. 500 & 600 24" diameter 700 & 800 18" diameter 105' Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 2 Words underlined are added; Words stmt are deleted. 106th Ave. N. 107th Ave. N. 108th Ave. N. 109th Ave. N. 110th Ave. N. 500 & 700 600 & 800 500 & 700 600 & 800 500 & 700 600 & 800 500 & 700 600 & 800 500 & 800 600 & 700 111th Ave. N. No ne ,ale ° eles r-es allowed--. 700 Vanderbilt Drive (East side) 91" Ave. N. to 110th Ave. N 110th Ave. N. to 111th Ave. N. 18" diameter 6' Street N. All Blocks 18" diameter 7th Street N. All Blocks 18" diameter 8th Street N. No new ale ° elest es .,gewea. All Blocks 15" diameter * Note 19" x 30" slotted pipe can be used in place of 24" diameter pipe when needed. 17 i� 24" diameter 18" diameter 24" diameter 18" diameter 24" diameter 18" diameter 24" diameter 18" diameter 18" diameter 24" diameter 30" diameter 24" diameter The Countv shall have the authorization to perform construction maintenance and to enclose swales and adjust pipe sizes as deemed necessary for the best interest of the Public's health, safety and welfare. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Words underlined are added; Words stmsk Afe are deleted. 17C *4 separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, on this / / fi- day of AA G ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Scott R. Teach, Deputy County Attorney 10- ECM - 01269/1 4 2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B W . C'J"' Y• FRED COYLE, CHAIRWkN Words underlined are added; Words stmt are deleted. 17C w 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 2010 -19 Which was adopted by the Board of County Commissioners on the 11th day of May, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of May, 2010. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County CommissiQtexs'.' y By: Martha Vergar , Deputy Clerk,