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Ordinance 2010-19 '2?2/l-2526<> :--.. ~')"'),, 11 ;:>Q>~'\ I ff~ ~t~~~t\ Q)~ i ~ \U>.'< 20' I \~_ I\) ORDINANCE NO. 2010- 1 9 \,~ CO ,''x ,(j '(i/O'f '" ORDINANCE AMENDING ORDINANCE NO. 98-1, BY REVISING' "~lYOL-,)\?'\.. SECTION EIGHT, SIZE OF PIPE REQUIRED, TO AUTHORIZE NEW SW ALE ENCLOSURES ON THE 700 BLOCK OF 111 TH 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 Illth 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 Storm water 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 strue" lhr8Hgh are deleted. 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* 91" Ave. N. 500, 600, 700, & 800 18" diameter nod Ave. N. 500, 600, 700, & 800 18" diameter 93'd 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 96th Ave. N. 500 24" diameter 600, 700, & 800 18" diameter 97th Ave. N. 500 24" diameter 600, 700, & 800 18" diameter th 500 24" diameter 98 Ave. N. 600, 700, & 800 18" diameter th 500 & 700 24" diameter 99 Ave. N. 600 & 800 18" diameter 100th Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 101" Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 1020d 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 105th Ave. N. 500 & 700 24" diameter 600 & 800 18" diameter 2 Words underlined are added; Words struek thrsHgh are deleted. 500 & 700 600 & 800 500 & 700 600 & 800 500 & 700 600 & 800 500 & 700 600 & 800 500 & 800 600 & 700 111 th Ave. N. No flew swale efleloDlHes allowed. 700 Vanderbilt Drive (East side) 91 st Ave. N. to 1 10th Ave. N. 1 10th Ave. N. to Illth Ave. N. All Blocks All Blocks No flew s'llale efleloDlHes alls'Ned. All Blocks 106th Ave. N. 107th Ave. N. 108th Ave. N. 109th Ave. N. 1 lOth Ave. N. 6th Street N. 7th Street N. 8th Street N. 24" diameter 18" diameter 24" diameter 18" diameter 24" diameter 18" diameter 24" diameter 18" diameter 18" diameter 24" diameter 30" diameter 24" diameter 18" diameter 18" diameter 18" diameter IS" diameter * Note 19" x 30" slotted pipe can be used in place of24" diameter pipe when needed. The Countv shall have the authorization to perform construction. maintenance, and to enclose swales and adiust pipe sizes as deemed necessary for the best interest of the Public' s health, safetv 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-Iettered 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 3 Words underlined are added; Words '!rusk Ihreugh are deleted. 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 I II/" day of /vI '1'/ , ,2010. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By; By: F!~~~L~~)CH~~~' As Deputy Clerk 111111 .te ' it..... ....~* )' ......,.." , Approved as to form and legal sufficiency: ~j/--12 J~L- fi!) Scott R. Teach, Deputy County Attorney 4 Th'S ordlnonce filed with the ~retc!ry of s. ~t:~ff~:)8e ~dayof ' nd cx;l(nowledge nZ of thot :'~m~' By _c..'" l IO-ECM-OI269/1 Words underlined are added; Words struek through 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 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 Commissioners By: Martha Vergar Deputy Clerk