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Agenda 09/25/2022 Item #2C[YY-1442/1746329/1]1 RESOLUTION NO. 2022 - ____ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DECLARING A PUBLIC INTEREST AND NECESSITY IN REMOVING DEBRIS CAUSED BY TROPICAL STORM IAN ON OR ADJACENT TO PUBLIC AND PRIVATE ROADS THROUGHOUT THE COUNTY AND AUTHORIZING SUCH REMOVAL OF DEBRIS BY COLLIER COUNTY AS PART OF ITS EMERGENCY MANAGEMENT EFFORTS IN ACCORDANCE WITH CHAPTER 252.38 (3)(A)(5), FLA. STAT., COLLIER COUNTY ORDINANCE NOS. 84-37, 2001-45, 2002-50, 2007- 49, 2011-34, 2017-38, AND 2018-37 (CODIFIED IN SECTIONS 38-56 THROUGH 38-72 IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES) AND IN ACCORDANCE WITH PROCLAMATION/RESOLUTION NO. 2022 -_____ DECLARING A STATE OF EMERGENCY FOR ALL TERRITORY WITHIN THE LEGAL BOUNDARIES OF COLLIER COUNTY, AS A RESULT OF EXTENSIVE DAMAGE CAUSED BY TROPICAL STORM IAN. WHEREAS, on September ___, 2022, the Board of County Commissioners of Collier County, Florida adopted Proclamation/Resolution No. 2022-____ to Declare a State of Emergency for all territory within the legal boundaries of Collier County including all incorporated and unincorporated areas; and WHEREAS, Proclamation/Resolution No. 2022-____ was adopted under the authority of Chapter 252.38(3)(a)(5), Fla. Stat., and Collier County Ordinance Nos. 84-37, 2001-45, 2002- 50, 2007-49, 2011-34, 2017-38, and 2018-37 (codified in Sections 38-56 through 38-72 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, Tropical Storm Ian 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 September, 2022, that due to the damage and effect of Tropical Storm Ian: 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 2.C.a Packet Pg. 5 Attachment: Resolution - debris removal - Ian 2022 (23473 : Debris Removal Reso) [YY-1442/1746329/1]2 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, including gated communities, 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. 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 private 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 after motion, second, and majority vote favoring same this _______ day of September, 2022. ATTEST:BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: ________________________________ By: ________________________________ , Deputy Clerk William L. McDaniel, Jr., Chairman Approved as to form and legality: ________________________________ Jeffrey A. Klatzkow County Attorney 2.C.a Packet Pg. 6 Attachment: Resolution - debris removal - Ian 2022 (23473 : Debris Removal Reso)