Resolution 2005-368
RESOLUTION NO. 2005 - 368
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA DECLARING A PUBLIC
INTEREST AND NECESSITY IN REMOVING DEBRIS CAUSED BY
HURRICANE WILMA ON OR ADJACENT TO PUBLIC AND
PRIV ATE ROADS THROUGHOUT THE COUNTY AND
AUTHORIZING SUCH REMOV AL OF DEBRIS BY COLLIER
COUNTY AS PART OF ITS EMERGENCY MANAGEMENT
EFFORTS IN ACCORDANCE WITH CHAPTER 252.38 (3)(a)(5),
FLA. STATo, COLLIER COUNTY ORDINANCE NOSo 84-37, 2001-45
AND 2002-50 (CODIFIED IN SECTIONS 38-56 THROUGH 38-70 IN
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES)
AND IN ACCORDANCE WITH PROCLAMATIONIRESOLUTION
NO. 2005-367 DECLARING AND EXTENDING A STATE OF
EMERGENCY FOR ALL TERRITORY WITHIN THE LEGAL
BOUNDARIES OF COLLIER COUNTY, AS A RESULT OF
EXTENSIVE DAMAGE CAU~ED BY HURRICANE WILMAo
WHEREAS, on October 25, 2005, the Board of County Commissioners of
Collier ,County, Florida adopted ProclamationlResolution No. 2005-367 to Declare and
Extend a State of Emergency for all territory within the legal boundaries of Collier
County including all incorporated and unincorporated areas; and
WHEREAS, ProclamationlResolution No. 2005-367 was adopted under the
authority of Chapter 252.38(3)(a)(5), Fla. Stat., and Collier County Ordinance Nos. 84-
37,2001-45 and 2002-50 (codified in Sections 38-56 through 38-70 in the Collier County
Code of Laws and Ordinances) providing for a political subdivision such as Collier
County to declare a state of local emergency and to waive procedures and formalities
otherwise required of political subdivisions by law; and
WHEREAS, Hurricane Wilma has caused extensive damage to public utilities,
public buildings, public communications systems, public streets and roads, public
drainage systems, commercial and residential building areas, as well as private property
and private roads throughout Collier County; and
WHEREAS, the removal of debris from or adjacent to public or private roads
throughout Collier County is in the public interest in order to lessen or eliminate
immediate threats of significant damage to improved property and threats to life, public
health and safety;
NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, on this _ day of
October, 2005, that due to the damage and effect of Hurricane Wilma:
1. The removal of debris from or adjacent to public and private roads
throughout Collier County is hereby declared to be in the public interest
and necessary to eliminate or lessen immediate threats to life, public
health and safety and to eliminate immediate threats of significant damage
to improved property; and
2. Debris from areas adjacent to or on public and private roads may be
removed by Collier County or its contractors provided the following
procedures are followed:
a. Debris from areas adjacent to private roads must be placed on or at the
private street or private road right of way. Access on to the private
properties will not be allowed.
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b. Communities adjacent to private roads must allow unlimited access for "
and during debris removal operations.
c. There must be unrestricted access during debris removal operations
and the pri vate road is to be subject to normal public services such as
school bus and postal vehicle routes.
d. Debris may also be removed from mobile home parks provided that
access to the park is made by normal public services such as school
bus and postal vehicle routes.
e. Nevertheless, debris resulting from demolition of mobile homes,
manufactured homes, residential buildings or commercial buildings
that is "pushed out" to the right of way will not be eligible for removal
operations of Collier County or its contractors.
~~
This Resolution adopted this day of October, 2005.
DATED: I D-;A<is,.li)
A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS,
. t',," ~' ~ COLLIER COUNTY, FLORIDA
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Approved as to form and legal sufficiency:
(~ {r/!7vtA1
Michael W. Pettit
Chief Assistant County Attorney
04-emg.OI149/103
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