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Ordinance 94-53 ORDIN~CE 92-33, AS ,~M~DED, RELATIN ~E COLLI~ CO~ EDU~TION~ FACILITI S ~ SYST~ IMPA~ FEE O~IN~CE~ ~DING v ~p SE~ION 2.03, PROVIDING FOR / PROVISIONS R~TING TO USE OF NONIES~ ~DING SE~ION 3.05, PROVIDING FOR MODIFICATION OF PRO~SIONS R~TING TO AFFOPDABLE HOUSING~ PROVIDING FOR MODIFICATION OF AFFO~ABLE HOUSING B~EFIT ST~D~S CO~AINED IN APP~IX A~ PROVIDING FOR CON5I~ ~ S~ILI~ ~D PROVIDING ~ EFFE~I~ DATE. ~S, the Board of County C~issioners of Collier County on Nay 17, 1992 enacted Collier County Ordinance No. 92-33, establishing the Collier C~nty ~ucational Fac~lities System Impact Fee Ordinance~ and ~S, the Board of County Conissioners of Collier County on Sep~e~r 8, 1992, ena~ed Collier C~nty Ordinance No. 92-65, ~ending Ordinance No. 92-33~ and ~S, the Board of County C~issioners of Collier County on Au~st 10, 1993 enacted Collier C~nty Ordinance No. 93-55, amending Ordinance No. 92-33~ and ~S, the Board of County Co~issioners of Collier County on Febma~ 28, 1994 enacted Collier County ~dinance No. 94-9, amending Ordinance No. 92-335 and ~S, the Board of County C~lssioners on April 11, 1994 enacted Ordinance No. 94-20 fu~her amending Ordinance No. 92-33. NOW, ~EFORE, BE IT O~AI~ BY CO~ISSION~S OF COLLI~ CO~, ~RIDA, that= SE~ION O~ ~enhent to Section 2,03 of Collier Co~ty Ordinance No. 92-22, as ~ended Section 2.03 of Collier County Ordinance No. 92-22 is hereby amended as follows= Section 2.03. Use of Monies a. ~e Board understands tha~ the School Board.shall accept the responsibility for establishing a separate tmst account for the Impact Fees, to be designated as the "~ucational Facilities Words ~ are addedy words e%x~are deleted. - 1- System Impact Fat Trust Account~ which shall ba maintained separate and apart from all other accounts of the School Board. All such Impact Fees shall be deposited into such trust account immediately upon receipt° b. The monies deposited into the Educational Facilities System Impact Fee Trust Account shall b~1 used solely for the purpose o~ providing ~rowth necessitated construction improvements and additions to the County Educational Facilities System including, but not limited (1) Design or construction plan preparations Permitting and fees~ (3) Land and materials acquisition, including any costs o~ acquisition or condemnation~ (4) Construction and design of County Educational Facilities System Buildings, facilities or improvements and additions theretot (5) Design and construction of drainage facilities required by the construction o~ County Educational Facilities System Buildings, facilities or improvements and additions thereto~ (6) Rslocating utilities 'required by the construction o£ County Educational Facilities System Buildings, facilities or improvements and additions thereto~ (7) Landscaping, incident to or necessitated by the expansion o~ the County Educational Facilities System buildings, facilities or improvements and additions theretot (8) Construction management or lnspection~ (9) Surveying,. soils and material (10) Repayment of monies transferred or borrowed from any budgetary fund of the School Board, including monies borrowed subsequent to the adoption of this Ordinance which were used to fund construction, acquisition of improvements and additions to the Count~ EducationalFacilities System as Words underlined are addadS words et~aek-~h~are deleted. ~: - 2 - · :'. herein provided; (11) Payment of principal and interest, necessar7 reserves and costs of issuance under any bonds or other indebtedness, including certi£icates o£ participation in accordance with Sections 230.23 and 235.056, Florida Statutes, issued by the School Board oZ Collier County to fund qro~ch-impacted improvements and additions to the County Educational Facilities System~ and (12) Reimbursement of County Impact Fees due an Applicant pursuant to Section 3.056. (13) To the extant provided b~ law, reimbursement or refund of costs incurred by the County and the School Board in the preparation of the Impact Few Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.09 and any other administrative costs incurred by the County and the School Board. c. Funds on deposit in the Educational Facilities System Impact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. d. The monies deposited into the Educational Facilities System Impact Fee Trust Account shall be used solely to provide improvements and additions to the County Educational Facilities System required by qro~th ~enerated by Educational Facilities System Impact Construction as identified in the Impact Fee Study. e. Any funds on deposit which are not immediately necessar~ for expenditure shall be invested by the School Board. All income derived from such investments shall be deposited in the Educational Facilities System Impact Few Trust Account and used as provided herein. To the extent permitted by law, any interest accrued on Impact Fees which is not needed for improvements and additions to the County Educational Facilities System may, at the discretion of the Board, be used to fund waivers or defertale of ImFact Fees pursuant to Section 3.05 of this Ordinance. ~ords ~ars added; words~srs deleted. - 3 - f, The Impa~t Fee colleotsd pursuant to this Ordinance shalX be returned to the then current Owner of the property on behalf of which such fee was paid if such fees have not ~en expended or encumbered prior to the end of the fiscal year immediately following the sixth anniversary of the date upon which such fee was paid. Refunds due under these circumstances shall be made only in accordance with the following procedure= oo, fi67 ,,',; 3'87 Words ~ are added~ words e4~k--~a~a~% are deleted. (1) The then current Owner shell petition the Board for the refund prior to the end of the fiscal year immediately following the sixth anniversez7 of the date of the payment of the Impact Fee. ~-: (2) The petition for refund shall be submitted to the · County Manager, on a form approved b~ the County Manager, and · . shall contain: (a) A svorn statement that the petitioner is the then current Owner of the property on behalf of which the Impact Fee was paid$ (b). A copy of the dated receipt issued for payment of such fee. or such other record as would indicate payment of such fees (c) A certified copy of the latest recorded deed or other instrument evidencing titles a representation that the most recent recorded deed or other instrument reflect the exact names of all current legal o~ers~ a representation that the petitioner will notify the County of any change in the status of legal o~nership which occurs prior to the issuance of any refund from the school Board pursuant to the request of the Countyy (d) A copy of the most recent ad valorem tax bill. (3) Within ninety (90) days from the date of receipt of a petition for refund, the County Manager will advise the petitioner and the Board pursuant to the mitten verification received from the School Board of the status of the Impact Fee requested for. refund, and if such Impact Fee.has not been- expended or encumbered within the applicable time period, then it shall be returned to the petitioner. For the purposes of this Section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. [ 67 Wor~s ~ are edded~ words ~ ere deleted. ~ 9. ~ny Owner entitled to a refund who fails to file a · timely fashion for a refund upon becomin~ eligible to do so shall be deemed to have waived.any claim for a refund, and the School Board shall be entitledl to retain and apply the Impact Fees for 9Towth necessitated capital improvements and additions to the County Educational Facilities System. SZCTXOMTWOt Xme~lment to Section 3.0S oZ Collier Count~ Ordinance ~o. t2-33p as aaen~e~ Section 3.05 is hereby amended tO read as follows: Section 3.05 A~fordable Housin~ A. Pursuant to the ~uidelines established in this Section, the County shall (1) waive or (2) defer, as applicable, the payment of the 2mpact Fee for any new owner-occupied or rental Educational Facilities System Zmpact Construction which qualifies as Affordable Housin9 under Appendix X of this Ordinance. (1) Any person seeking an Affordable Housing waiver or defertel ~or proposed Educational Facilities System Impact Construction shall file with the County Manager an Application for waiver or d~ferral, prior to receiving a Buildin~ Permit for the proposed EduCational Facilities System 2mpac~ Construction. The Application Eor waiver or de~erral shall contain the following: (a) The namedand address of the (b) The legal description of the Residential property upon which the Educational Facilities System Impact Construction shall be constructed~ (c) The income level of the Owner or if the Owner is a builder, the income level of the household to which the Dwellin~ Unit will be sold or rented~ (d) The number of bedrooms in each Dwellin~ Unit o~ the Educational Facilities System Impact Construction. Words ~ are added3 words ee~ek-~h are deleted. - 6 - (2) If the proposed Educational Facilities System Impact Construction meets the requirements for an Affordable Housing waiver or defertel as set forth in this Section, then the County Manager shall issue an Impact Fee waiver or defertel, as applicable, to the Owner or Applicant. The Impact Fee waiver or defertel shall be presented in lieu of payment of the Impact Fee pursuant to Section 2.02. B. To qualify for an Impact Fee waiver or defertel, an owner-occupied Dwelling Unit must meet all of the following criteria: (1) The Owner(s) or anticipated Owner(s) of the Dwelling Unit must have a very loW, low, 'or moderate income level, at the time of issuance of the Impact Fee waiver or defertel, as those terms are defined in Appendix A, and the monthly payment to purchase the unit must be within the Affordable Mousing guidelines established in Appendix A. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase ~greement is in effect at the date of issuance of the Impac~ Fee waiver or defertel or within thirty (30) days thereof and within twenty-four (24) months from the date of issuance of the certificate of occupancy, or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty-four (24) month period, then the waived or deferred Impact Fee must be immediately repaid unless the Owelling Unit is sold to another qualifying Owner. (2) The Owner, or if there is more than one owner, one of the Owners, must be a first-time home buyer. To qualify as a first-time home buyer, the Owner must not hay& had an ownership interest in 3'90 Words ~ are added; words sQUare deleted. his/her primary residence in the past three (3) years, (3) The D~e~ling Unit must be the homestead of the O~nar(s). (4) The D~slling Unit must remain Affordable Housing Zor fifteen (15) .years from ~ha date a certificate of occupancy is issued. for t~e Dvelling Unit unless Impact Fee is repaid tO ~he County, C. To ~alify for an Impact Fee defe~al, a ~ellin~ Unit offered for rent must meet all of the fo11~ing criteriaz (1) ~e household renting the ~elling Unit must have a ve~ 1~ or 1~ income level, at the c~encement of the leasehold and during the duration thereof, as those te~s are defined In Appendix A and the amount of rent must ~ within the Affordable Housing ~idelines established in Appendix A. (2) ~e ~elling Unit ~st ~ ~e household's pemanent residence. D. All Impact Fees deleted for Mer-oc~pied ~elling Units at the time the Building Penit was issued $hall ~come due and payable and shall be i~ediately repaid to ~e County u~n the sale of the ~elling Unit to a non-~alified' p~chaser; provided, however, if ~e Impact Fee defe~al was paid wl~ State Housing Initiatives Partnership [SHIP] ~am funds, repa~ent will be made to the Collier Co~ty affordable housing tnst f~d. For pu~oses of this Section 3.05, a non~alified p~chaser is a Person who does not satisfy ~e Aff0rdable Housing ~iteria set forth in subsection B abve or a Person who does not ages to the te~s of the waiver or deferral of impact fees ageement. E. ~e Impact Fees deferred for rental ~e111ng Units at the time the Building Pemit was issued $hall ~come due and shall be i~ediately repaid to the County upon the discontinuance of use of the ~elling Unit as Affordable Housing or fifteen (15) years from the date of issuance of the CertifiCate of Oc~pan~, Words~are added; words~~are deleted. -S'- whichever occurs firetl provided, h~wever, if the Impact Fee defertel was paid with State Ho~sing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. F. Any Impact Fees waived for an owner-occupied Dwelling Unit at the tize a Building Permit was issued shall become due and payable and shall be inunediately repaid to the County if the Dwelling Unit is sold or transferred to a non-qualified purchaser during the fifteen (15) year period after the cer~cificate of occupant7 is issued for the Dwelling Unit. If the Impact Fee waiver was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housin~ trust fund. If the Dwelling Unit is used as Affordable Housing in compliance with Section 3.05 of this Ordinance for fifteen (15) years after the date the certificate of occupancy is issued for the Dwelling Unit, the Impact Fees are no longer due and the lien on the Dwelling Unit shall be released. U. The percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an owner-occupied or rental Affordable Housing Dwelling Unit shall be the percentage set forth in Appendix A. The Impact Fees waived or deferred shall be a lien on the property until all requirements under this Section have been satisfied. H. (1) Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth in this Section. An affidavit must be filed within thirty (30) days of the anniversal7 date of the issuance of a certificate of Occupancy. If the income of any unit renter which originally qualified as very low Or lo~ income level as defined in Appendix A exceeds the Affordable Housing benefit standards set forth in Appendix A by more than forty percent (40%), then the deferred Impact Fee shall become immediately due Words ~ are added$ words e%e~k-j~½ are deleted. - 9 - and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to compl~ with the Affordable Housing standards set forth in Appendix A. (2) If the household income of the qualified owner-occupied Dwelling Unit rises above the benefit standards for waivers and deferrals set forth in Appendix A, the Owner shall maintain the waiver and/or defertel. Notwithstanding the foregoing, all outstanding Impact Fees waived or deferred shall be repaid in full upon sale or transfer of the Dwelling Unit to a non-qualified purchaser, except for waived Impact; Fees where the Owner has complied -with the Affordable Housing criteria for fifteen (15) years after the issuance of the certificate of occupancy. I. The Owner receiving an Impact Fee waiver or deferral shall enter into an impact fee agreement with the County which agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the Board to effectuate the provisions of this Section= (1) The legal description of the Dwelling Unit. (2) Where an Impact Fee waiver or'deferral is given to an Owner who will be seizing or renting the Dwelling Unit to a subsequent purchaser or tenter, the Educational Facilities System Impact Construction must be sold or rented to households meeting the criteria set forth in this Section in order to maintain the waiver or deferral. Impact Fee waivers or defertale paid for with State Housing Initiatives Partnership [SHIP] Program funds will only be granted directly to buyers meeting Appendix A qualifications and approval prior to Building Permit issuance. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Impac~ Fee waiver or deferral, or within thirty (30) days thereof, and within twenty-four (24) months from the date of issuance 393 Words underlined are added; words e4~--%~sre deleted. - 10 - of the certificate of occupancy, or the execution of the lease-purchase agreement, whichever is later, ths option to purchase is exercised end the purchaser takes ovnership of the Dvelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty-four (24) month period, then the waived or deferred Impact Fee must be repaid immediately unless the Dwelling Unit is sold to another qualifying Owner. (3) For owner-occupied Dwelling Units, the amount of Impact Fees deferred shall be repaid to the County upon the sale or transfer to a non-qualified purchaser; provided, however, if the Impact Fee deferral was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier. County' affordable housing trust fund. For rental units, the Impact Fees deferred shall be repaid upon the discontinuance of use of th~ Dwelling Unit as Affordable Housing or fifteen (15) years from the issuance of a certificate of occupancy, whichever occurs first. (4) For owner-occupied Dwelling Units where Impact Fees have been waived, the Dwelling Unit must be utilized b~ the original qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance with Section 3.05 of this Ordinance for a fifteen (15) year period after the certificate of occupancy is issued and if the Dwelling Unit is sold to a non-qualifying purchaser, the Impact Fees shall be repaid to the County. If the Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. (5) The deferred and/or waived Impact Fees shall be a lien on the property which lien may be foreclosed upon in the event of non-compliance with the requirements of the 394 Worde ~ are addedl words et~ee~e~ are deleted. , - .,-.,: .. . agreement. The agreement described herein shall operate as a lien against the Dwelling Unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of Collier County. In the case of a waiver, such release or satisfaction shall be filed fifteen years after the issuance of the certificate of occupant/ provided Owner acted in compliance with the agreement or upon repayment. In the case of a deferral, such release shall be recorded upon repayment.. (6) Annually, the Owner 'of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth In this Section. An affidavit must be filed within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit rantar which originally qualified as very low or low Income level as defined in Appendix A exceeds the Affordable Housing benefit standards set forth in Appendix A by more than forty percent (40%), then the deferred Impac~ Fee shall become immediately due and payable by the Owner or, in the alternative, the O~ner shall have ninety (90) days tO comply with the Affordable Housing standards set forth in Appendix A. (7) Upon satisfa~toL7 completion 'of the agreement requirements, the County shall record any necessary documentation evidencing same, -including, but not limited I' to, a release of lien. (8) In the event the Owner is in default under this L agreement, and the default is not cured within thirty (30) · days after written notice is provided to the Owner, the Board may bring a civil action to enforce the agreement. · The Board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the Board in enforcing this agreement, plus ~.nterest at the statutory -- ~67 395 Words ~ are added~ words e~are deleted. rats for Judgments calculated on · calendar day basis until paid. (9) The agreement shall be binding upon the Owner's successors and assigns. (10) The agreement shall be recorded in the Official Records of Collier County. J. The amount of Impact Fee waivers and defertale granted pursuant to this Section shall be limited, in total, to the amount appropriated by the Board at its final public hearing regarding the adoption of the annual County budget and the amount allocated to Impact Fee waivers and defertale An the Collier County Housing Assistance Plan, as established by County ordinance No. 93-19. Impact Fee waivers and deferTale pursuant to this Section shall begin in the 1993-94 fiscal year or earlier upon receipt of State Housing Init~atives 'Partnership (SHIP] Program funds. All Impact Fees waived or deferred shall be paid by the 'Board into the Educational Faoilit~es System Impact Fee . Trust Account within six (6) years from the date of the award of · a waiver and/or deferral, as provided here~n, but in no event, later than that time when that amount Is needed for a project funded by those Impact Fees waived or deferred. The Board shall pay into the Educational Facilities System Impact Fee Trust Account such amounts equal to any Impact Fees previously waived or deferred by the Board or previously exempted or reimbursed by the Board within six (6) years from the data of such waiver, de[errs1, exemption or reimbursement but, in no event, later than the time such amounts are needed for a project funded by those Impact Fees waived, deferred, exempted or reimbursed. Waivers and deferrals shall be issued in the order that completed qualifying applications are received by the County Manager. At least forty percent (40%) of the amount budgeted for Impact Fee waivers and/or defertale must be utilized to fund Impact Fee waivers and/or deferrals for single family owner-occupied Words ~ are added~ words s~e~-t~x~e~kare deleted. ! Dwelling Units serving the very low and low income levels. K. Any changes or amendments to Appendix A or the minimum funding requirements adopted in this Section must occur as an ordinance amendment at a public hearing of the Board of County Commissioners occurring after 5:00 p.m. L. No Affordable Housing waiver or Deferral shall be granted for an Educational Facilities System Impact Construction project which consists' of a Mobile Home. H. Notwithstanding any provisions elsewhere in this Ordinance to the contrary, any Owner that develops an Affordable Housing rental apartment complex consisting. in whole or part of Dwelling Units serving very low and/or low income levels and meeting all requirements, and subject to all conditions, of .' Section 3.05 shall be entitled to defer one hundred percent (100%) of the Impact Fees applicable only to such rental Dwelling Units s&rving very low and/or low income levels ifz (l] all such deferred Impact Fees are paid on or before the end of six years from the date such Impact Fees are deferredS and (li) the rental apartment development shall remain Affordable Housing ~ qualified (under Section 3.05 of this Ordinance) for a minimum of - 15 years. ._- : -.-:_:. .- ? · Words ~ are added~ wcrds/~ 'are deleted. SECTION SEE: ~mendmant to Appendix A o~ Collier County Ordinaries Moo 91-33, as amended Appendix A is hereby amended to read as follows: ~PPEHDIX A AFFORDABLE HOUSIH3 DEFInITIOnS, B~EFIT' ST~D~S, ~D LIMITATIONS ~e ~ollo~in~ set ~o~h the applicable de~niticns and standards ~or A~ordable Hcusin~ ~ellin~ Units ~or the pu~cse c~ dete~in~ eli~b~l~t~ ~or Impnc~ Fee wa~vers and de~errals (here~n re~erred to as 'bene~tsw). DEFinITIONS OF AFFO~LE HOUSIN3 INCO~ a) Ve~ lc~ ~ncome families means those families whose l~ccmes do ~ct exceed ~t~ percent (~0~) o~ the median ~ncome ~or the area as dete~lned .~ ~e Se~eta~ o~ the U.S. Department o~ Hcusin~ and ~ban Developeat (area median income). b) ~v income families means those families whose inches are more than ~irty percent (50t) and do not exceed si~y percent (~0t) or the area median Income as deteutned Secreta~ o~ the U,S. Depa~ant o~ Housing and Urban Development (area median income}, c) ~erata income families means ~ose families whose incomes are more than si~y percent (60t) and do not exceed eighty percent (80t) o~ ~e area median inc~e as deteuined the Secreta~ o~ the U.S, Department or Housin~ and Urban Development (area median income}, For a ~ellin~ Unit to ~ deteutned to ~ affordable, monthly rent or monthly mo~ags parent, lncludin~ prope~y taxes and Insurance shall not ~ in excess.or ~i~y percent (30t) o~ the families household tnc~e, In no instance will rental limits exceed the rental limits established by the Florida Houstn~ Finance Agen~ for rents adjusted to ~droom size in projects assisted under the SAIL ~an ~am or the ~w Income Housln~ Tax.~edlt ~u ~sed on.~it size, II. B~EFIT ST~S a) Affordable Housin~ ~er-oc~pted ~ellln~ Units which exclusively sa~a ve~ low inc~e f~illes and which are owner's homestead shall have one hunted percent (100t} applicable Impact Fee waived pursuant to the tens' Impact Fee Ordinance. b) Affordable Housin~ rental ~sllin~ Units which exclusively sere ve~ low income families shall have one hundred percent (100t) or the applicable Impact Fee dere~ed pursuant to the tens or the Impact Fee Ordinance, c) Affordable Housing o~er-oc~pied ~elllng Units which exclusively sere low-income families and which are ~e o~er's homestead shall have fifty percent (50t) oZ ~ applicable Impact Fees waived and have fifty percent (50t) of the applicable Impact Fee de~erred pursuant to the tam or the Impact Fee Ordinance, d) Affordable Housin~ ~ental ~ellin~ Units which exclusively serve low income families s~all pay ZiZty percent ,. 398 Ho=da ~ a~e added7 vowdilate deleted. ~:~ - 15"- "" ,~.~ (50%) of the applicable Impact Fee, and shall have fifty percent (50%) of the applicable Impact Fee deferred, pursuant to the terms of the Impact Fee Ordinance. e) Affordable Housing ow~er-occupied Dwelling Units which exclusively serve moderate income families and which are the owner's homestead shall be required to pay ~ ~went~-five percent f2511 of the applicable Impact Fee, and shall have ~ ~ percent f75%~ of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. f) Educational Facilities System Impact Construc~cion meets the criteria set forth in Subsections b and c of Section 3.05 constructed by an Agency of Collier County or by an Independent Governmental Agency pursuant to an interlocal agreement with collier County and which construction is one hundred percent (100%) government funded shall have one hundred percent (1001) of the Impact Fees for that construction waived, pursuant to the terms of the Impact Fee Ordinance. NOTE= An Amendment to the Appendix shall require a public hearing of the Board of County Commissioners occurring after 5~00 p.m. SZCTION FOURS Conflict and 2everabllitr The provisions of this Ordinance 'shall be liberally construed to effectively carr~ out its puttees in the interest of public health, safety, welfare and convenience. If any section, phrase, sentence or portion of this Ordinance is for an~ reason held 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 FIVEs Effective Date This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ~~___, 1994. A,TTEST: ~ "']// BO~UNTy~ COMMISSIO,~~rJ DWIGHT E..BRO/CK, Clerk - CO CO , i · -if/y k 7 /' ~' . ~~. 'C =ant n .-- · 087 399 ';' ' BOOKP~G[ Words underlined are added; words ~ are deleted. approvsd as to form and legal '~ ' Xssistan~ County Attorney ~.. '067 400 Words ~ are added; words e4~aek-~ee~k are deleted. - 17 - 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 s true cop3[ ofz Ordinance No, 94-~3 which was adopted by the Board of County Commissioners on the 28th day of September, 1994, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of October, 1994. DWIGHT E. BROCK -.'. Clerk of Courts and Clerk Ex-officio to Board County Commlssto re j s/Maureen Kenyon /0 Deputy Clerk .,.;~...