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Ordinance 97-54 ORDINANCE NO. 97- 54 AN ORDINANCE ESTABLISHING THE 1997 COLLIER .. COUNTY GROWTH MANAGEMENT PIJLN CAPI~L ,' ~ IMPROVEMENT ELEMENT ANNUAL UPDATE ;~D AMENDMENT BY CORRECTING, UPDATING, ~D ~'," MODIFYING CERTAIN COSTS, REVENUE SOURCES, RECk"" SUPPORTING OBJECTIVES AND POLICIES, Cle:~ THE DATES OF CONSTRUCTION OF FACILITIES Of Bo~rd ENUMERATED IN THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, CAPITAL IMPROVEMENT ELEMENT FOR CAPITAL PROJECTS IN FISCAL YEARS 1996/97 THROUGH 2000/2001; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 163, Part II, Florida Statutes also known as the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Chapter 9J-5, Florida Administrative Code, also known as the Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance require that Collier County correct, update, and modify costs, revenue sources, or the dates of construction of facilities enumerated in the Collier County Growth Management Plan Capital Improvement Element on an annual basis; and WHEREAS, Collier County has prepared an Annual Update and Amendment to the Capital Improvement Element of its Growth Management Plan (Ordinance No. 89~05), as amended from time to time, that takes into consideration the plans and financial resources of the County and of the Agencies of the State of Florida; and WHEREAS, Chapter 163, Part II, Florida Statues, Section 163.3177(3)(b) and 163.3187(2) provide for annual updates and amendments of local government Capital Improvement Elements than consider corrections, updates, and modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the plan; or the dates of construction of any facilities enumerated in the Capital Improvement Element; and WHEREAS, the Collier County Planning Commission in a manner prescribed by law did hold a public hearing concerning the correcting, updating, and modifying of certain costs, revenue sources, and the dates of construction of facilities enumerated in the Collier County Growth Management Plan Capital Improvement Element for capital projects in Fiscal Years 1996/97 through 2000/2001 on September 18, 1997 and -1- recommended that it be submitted to the Board of County Commissioners, as prepared, noting certain considerations and recommendations; and WHEREAS, the Board of County Commissioners did take action in the manner prescribed by law and did hold a public hearing on October 28, 1997; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE BE IT BY THE BOARD OF COUNTY COMMISSIONERS of Collier County, Florida that: SECTION ONE: Update of Costs, Revenue Sources and Construction Dates of Facilities Enumerated in the Capital Improvement Element of Growth Management Plan. This Ordinance, as described herein, shall be known and cited as the 1997 Growth Management Plan Capital Improvement Element Annual Update and Amendment for Collier County, Florida. The Collier County 1997 Capital Improvement Element Annual Update and Amendment, attached hereto and incorporated by reference herein as Exhibit A, consisting of objectives and policies; requirements for capital improvements implementation; and costs and revenues, is hereby adopted and shall be the Collier County Growth Management Plan Capital Improvement Element Annual Update and Amendment of 1997 and shall supersede any and all previous Capital Improvement Elements applicable to the unincorporated area of Collier County. SECTION TWO; Severability. 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 THREE: 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 and shall remain effective until the Department of Community Affairs determines that the 1996-1997 Comprehensive Plan Amendment is in compliance. GMP ORDINANCE/md -3- 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 copy of: O~DINANCE NO. 97-54 Which was adopted by the Board of County Commissioners on the 28th day of October, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of November, 1997. DWIGHT E. BROCK " Clerk of Courts and Clerk Ex-officio to Board of .~\'~ ....~" County Commissio ers -'~. .. "'. By: /s/Susan Barbire~.tP, Deputy Clerk ~ "..,? P~ .... ~ ~.~,.'.'-.