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Ordinance 96-87 ORDINkNCE NO. ~6- ~ __ ,~ ." AN ORDINANCE AMENDING COLLIER COUNTY ORDINANC~O. ~'. ~ Q%~, PROHIBITING THE INSTALLATION OF DRAINAGE CULVEI~TS ) INCLUDING PIPES OR OTHER APPURTENANCES WITHIN~TME ~ .. ~ --~ SWALES IN THE PUBLIC RIGHT-OF-WAY OF THE AREA~o GENERALLY KNOWN AS NAPLES PARK UNTIL JUNE PROVIDING FOR CO.FL~ ~ S~m~BILITY; PRO~XN~ FOR INCLUSION IN THE CODE OF LAWS AND ORDINA~S; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, the Board of County Commissioners of Collier County, Florida, has determined that it is in the best interest c.f the citizens of Collier County and to protect the health, ~fety and welfare of the citizens of Collier County to extend the moratorium until June 30, 1997, prohibiting the permitting of the conversion of swales to culverts in the public rights-of-way , within an area generally known as Naples Park, a platted subdivision located in Collier County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS,OF COLLIER COUNTY, FLORIDA, that: Section One. Amendment to Section Four of Collier County Ordinance No. 91-24, as amended. Section Four of Collier County Ordinance No. 91-24, as amended, is hereby amended to read as follows: SECTION FOUR: IMPOSITION OF MORATORIUM; DURATION A moratorium proscribing the issuance of Permit(s) to Perform Work and/or Maintenance in Public Rights-of-way pursuant to Collier County Ordinance No. 82-91, as amended, is imposed specifically to prohibit the installation of drainage culvert including pipes or other appurtenances within the swales within the public rights-of-way, except for the culvert required to install a driveway for homesite access. The moratorium imposed hereby shall commence as of the effective date of this Ordinance and shall continue in effect e until Collier County receives approval from the Florida Department of Environmental Regulation to terminate said moratorium, but not longer than through ~eee~~3a~, pursuant to this Ordinance. Words underlined are added; words ~ are deleted. Section Two. Conflict and Severability The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held e invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section Three. 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 tenumbered or relettered to accomplish such, and the word "ordinance" may be clanged to "section", "article", or any other appropriate word. Section Four., Effective Date. This Ordinance shall become effective upon filing this Ordinance with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this//Tday of .. 19961'~. , ' "'7"" Bo D OF CO TY CO SS O.ERS .. 'DWIGHT~E.'. ~0QK, CLERK COLLIER COUNTY, FLORIDA ! '° J N , · <legal· sufficiency: "" ........~""-,." ' . ' !.. ..... -, .., -! '~:,-,~a)~__-:,,,,, county Attorney 2 Words underlined are addedS words e~M are deleted. 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 tru~ co~y of: ORDINANCE NO. 96-87 Which was adopted by the Board of County Commissioners on the 17th day of December, 1996 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this lath day of December, 1996. "~."', ,,~:~;3 ,";.' .~t., DWIGHT w., BROCK .. ..... Clerk of Courts and.-~l~r~ .... Ex-officio to Board of' '.' ' ": .'-" County Commissioner%: ' · ~-..' '~L, ':,.~ ,,: ..c~ '..c, ' Deputy Clerk "., ,'S ...... .', ~"'.-'~ ". '. ,.... ........=...