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Resolution 2005-368 RESOLUTION NO. 2005 - 368 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DECLARING A PUBLIC INTEREST AND NECESSITY IN REMOVING DEBRIS CAUSED BY HURRICANE WILMA ON OR ADJACENT TO PUBLIC AND PRIV ATE ROADS THROUGHOUT THE COUNTY AND AUTHORIZING SUCH REMOV AL OF DEBRIS BY COLLIER COUNTY AS PART OF ITS EMERGENCY MANAGEMENT EFFORTS IN ACCORDANCE WITH CHAPTER 252.38 (3)(a)(5), FLA. STATo, COLLIER COUNTY ORDINANCE NOSo 84-37, 2001-45 AND 2002-50 (CODIFIED IN SECTIONS 38-56 THROUGH 38-70 IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES) AND IN ACCORDANCE WITH PROCLAMATIONIRESOLUTION NO. 2005-367 DECLARING AND EXTENDING A STATE OF EMERGENCY FOR ALL TERRITORY WITHIN THE LEGAL BOUNDARIES OF COLLIER COUNTY, AS A RESULT OF EXTENSIVE DAMAGE CAU~ED BY HURRICANE WILMAo WHEREAS, on October 25, 2005, the Board of County Commissioners of Collier ,County, Florida adopted ProclamationlResolution No. 2005-367 to Declare and Extend a State of Emergency for all territory within the legal boundaries of Collier County including all incorporated and unincorporated areas; and WHEREAS, ProclamationlResolution No. 2005-367 was adopted under the authority of Chapter 252.38(3)(a)(5), Fla. Stat., and Collier County Ordinance Nos. 84- 37,2001-45 and 2002-50 (codified in Sections 38-56 through 38-70 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, Hurricane Wilma 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 October, 2005, that due to the damage and effect of Hurricane Wilma: 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 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 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. 1 . - '--"-~-'~'~<-'-'---- -~.,--_.,.._-~~,,--~~..,~.'. ...... ~-_.._._-_...,,_._....__.~~"~_..__._--_._- ___, 0"- 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 pri vate 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 this day of October, 2005. DATED: I D-;A<is,.li) A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS, . t',," ~' ~ COLLIER COUNTY, FLORIDA .... ~ I,!. ~I <.,.....J t.' I", :~ ...~f~" .........,., '/'~~/ :\~~',.,:,> ,~J~~\<. . I - "<By-I19M~F'-o.(, BY: t:.'J ,'. J?E~.Y ER " "'<S",' ........as. to .....(~....f .' t:" , Chltrlle,,', ~ {fl.' ".. ""'~ dr, on' v 1.1, J' Approved as to form and legal sufficiency: (~ {r/!7vtA1 Michael W. Pettit Chief Assistant County Attorney 04-emg.OI149/103 2 - - ."....^ --~--~"._'-