Ordinance 86-76 AN EMERGENCY ORDINANCE AMENDING COLLIER COUN
.P,~ ORDINANCE NO. 85-51 WHICH ESTABLISHED THE
COLLIER COUNTY PLANNING COMMISSION; AMENDING
SECTION FIVE (b) TO PROVIDE THAT A MAJORITY '~
~- VOTE OF-AT LEAST 5 VOTING MEMBERS SHALL BE
'"NECESSARY IN ORDER TO FORWARD A FORFLkL RECOM-~
MENDATION TO THE BOARD OF COUNTY COMMISSIONERS~
PROVIDING FOR PROSPECTIVE AND RETROSPECTIVE
APPLICATION; RATIFYING PRIOR PLANNING COMMIS-
SION RECOMMENDATIONS; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR DECLARATION OF
EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
I'~EREAS, it has come to the attention of the Bqar~ of county
Commissioners that the wording of SECTION FIVE (b), Collier
County Ordinance No. 85-51 is unclear in reflecting the intent of
the Board; and
%~EREAS, it is now and at all times.has been the intent of
the Board of County Commissioners that recommendations from the
Collier County Planning Commission (CCPC) be forwarded to the
Board by no less than a majority vote of five (5) voting members
of the Collier County Pl,nning Commission; and
WHEREAS, the Board of County Commissioners finds it appro-
priate to clarify the wording of SECTION FIVE (b), Collier County
Ordinance No. 85-51 to. reflect the past and current intent of the
Board of County Commissioners;
}tOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Collier County Ordinance No. 85-51, SECTION FIVE
(b) shall be amended to read as follows~
SECTION FIVE: Officers; Quorum; Rules.of Procedure.
(a) At its earliest opportunity, the membership of the
CCPC shall elect a chairman and vice chairman from among the
members. Officers' terms shall be for one (1) year, with
eligibility for re-election.
(b) The presence of five (5} or more members shall
constitute a quorum of the CCPC necessary to take action and
transact business. In addition, en-~f~{~ a simple
Words underlined are added; Words s%=~ek-~h=ough are deleted.
majority vote of at least five (5) e=-me~¢ members, present
and voting, Shall be necessary in order to eake-~f~%~-~-i
a=%&en forward a formal recommendation of approyalf approval
with conditionsr denial or other recommendation to the Board
of County Commissioners.
mo~e-memhe~s-o~-%he-e~P~-are-p~esen~-a~-a-mee~n~
(c) The CCPC shall, by majority vote of the entire
me~ership, adopt rules of procedure for the ~ransa:tion
business and shall keep a record of meetings~ .resol~ions,
findings and dete~inations. The CCPC may ~rovide for
transcription of such hearings and proceedings, or portions
of hearings and proceedings, as may be deemed necessa~.
SECTION ~0: Retroactive and Prospective Application~
RatifiCation 0f Previous C~PC Reco~enda~ions.
This Ordinance shall be deemed to be a remedial ac~ by ~he
Board of County Co~issioners and shall apply bo~h prospec~ively
and retrospectively and shall have full application to all
pending petitions. Further, the Board of County C~issioners
hereby ratifies and confi~s its acceptance of all prior rec~-
mendations forwarded ~y the CCPC which are consistent with the
provisions of Collier County Ordinance No. 85-51 as amended by
this Ordinance.
SECTION THEE: 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 this
Ordinance is 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 portion.
SECTION FOUR: Declaration of Emergency and E.ffective Date.
This Board does hereby declare that an emergency exists and
that ~ediate enac~ent of this Ordinance is nece~ary, and by
Words underlined are added; Words s~aek-%h~ug~ are deleted.
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no let~s than four-fifths (4/§tbs) vote of the me~cbership of the
Board Sees hereby waive notice of intent to consider this
Ordinance.
A certified copy of this Ordinance, as enacted, shall be
filed by the Clerk of the Board with the Department of State of
the State of Florida, as soon after enactment as is practicable
by depositing the same with the postal authorities of the
government of the United States for special delivery by certified
mail, postage prepaid, to the Florida Department of
PASSED AND DULY ADOPTED by the Board of Coun%~.~iSsioners ·
of Collier County, Florida, this ~9~-~ day of November, 1986.
BOARD 0~*, COUNTY COH~LTSSIONERS .
COLLIER COUNTYc FLORI~O~~ -
A. PTSTOR, ChairmanBy~
Words un~e~lined are added; Words s~euek-~eea~ are deleted.
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STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County,
hereby certify that the foregoing Is a true coI=Y of'
ORDINANCE NO. 66-76
that was adopted by the Board of County Commissioners durin~
Regular Session, via emergency procedures, on the 10th day of
November, 1986.
WIT}~S~ my hand and the officia! seal of the Board of County
Commissioners of Collier County, Florida, this 10th day of
November, ~956.
JAMES C. ~ILE$
Clerk o£ Courts and Clerk
Ex-officio to the B~ar~,,o£,,,