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Ordinance 94-49 ORDIN~J4CE NO. 94- 49_ ~ AN ORDINANCE A~ENDING COLLIER COUNTY ORDINANCE ~. J.~. 88-97, AS A~ENDED, RELATING TO THE COLLIER ~ COUNTY LIBRARY SYSTE~ IMPACT FEE ORDINANCE; % '~>' A~ENDING SECTION 2.03, PROVIDING FOR AMENDMENT '~ ~_~.~__~ ~ ~"'1 OF PROVISIONS RELATING TO USE OF HONIES; ~ ~.,AMENDING SECTION 3.04, PROVIDING FOR % ~f MODIFICATION OF PROVISIONS RELATING TO U/AFFORDABLE HOUSING; PROVIDING FOR MODIFICATION j.'/OF AFFORDABLE HOUSING BENEFIT STANDARDS CONTAINED IN APPENDIX A~ PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County on December 13, 1988, enacted Collier County Ordinance No. 88-97, establishing a Library System Impact Fee Ordinance; and WHEREAS, the Board of County Commissioners of Collier County on January 21, 1991, enacted Collier County Ordinance No. 91-11, which amended Collier County Ordinance No. 88-97; and WHEREAS, the Board of County Commissioners of Collier County on December 16, 1992 enacted Ordinance No. 92-96, which amended Collier County Ordinance 88-97; and WHEREAS, the Board of County Commissioners of Collier County on August 10, 1993 enacted Ordinance No. 93-51, which amended Collier County Ordinance No. 88-97; and WHEREAS, the Board of County Commissioners of Collier County on February 28, 1994 enacted Ordinance No. 94-5 further amending Collier County Ordinance No. 88-97; and WHEREAS, the Board of County Commissioners on April 11, 1994 enacted Ordinance 94~16 further amending Collier County Ordinance No. 88-97. NOW, THEREFORE, BE IT ORDAINED 'BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE~ Amendment to Section 2.03 of Collier County Ordinanoe No. 92-22, as amended Section 2.03 of Collier County Ordinance No. 92-22 is hereby amended as follows: Section 2.03. Use of Monies a. The Board hereby est~blishes a separate trust account for the Impact Fees, to be designated as the "Library System Words underlined are add~d~ words e~~g~ are deleted. -1- Impact Fee Trust Account" which shall be maintained separate and apart from all other accounts of the County. All such Impact Fees shall be deposited into such trust account immediately upon receipt. b. The monies deposited into the Library System Impact Fee Trust Account shall be used solely for the purpose of providing growth necessitated capital improvements and additions to the County Library System including, but not limited to: (1) Design and construction plan preparation; (2) Permitting and fees~ (3) Land acquisition, including any costs of acquisition or condemnation~ (4) Construction and design of Library System buildings, facilities or improvements and additions thereto; (5) Design and construction of drainage facilities required by the construction of Library System buildings, facilities or improvements and additions thereto; (6) Relocating utilities required by, the construction of Library Syste~ buildings, facilities or improvements and additions thereto; (7) Landscaping~ (8) Construction management and inspection; (9) Surveying, soils and material testing; (10) Acquisition of Collection Items, furniture, shelving and other capital equipment of the County Library System; (11) Repayment of monies borrowed from any budgetary fund of the County, subsequent to the adoption of this Ordinance which were used to fund any of the growth impacted improvement3 and additions to the County Library System as herein provided; (12) Payment of principal and interest, necessary reserves and costs of issuance Under any bonds or other Words und~rline~ are added~ words eqs~H~k-4~h~ ere deleted. -2- indebtedness, issued by the County to fund growth impacted improvements and additions to the County Library System; and (13) Reimbursement of excess Developer Contribution Credit pursuant to Section 3.06.G. (14) To the extent provided by law, reimbursement or refund of costs incurred by the County in the preparation of the Impact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.08 and any other administrative costs incurred by the County. Funds on deposit in the Library SystemImpact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. c. The monies deposited into the' Library System Impact Fee Trust Account shall be used solely to provide improvements and additions to the County Library System required by growth as projected in the Impact Fee Study. d. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the Library System Impact Fee 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 Library System may, at the discretion of the Board, be used to fund waivers or deferrals of Impact Fees pursuant to Section 3.04 of this Ordinance. In addition. to the extent Permitted by law. any accrued interest on Impact Fees which is not needed for improvements and additions to the County Library System may, the discretion of the Board. be used to fund waivers of ImPact Fees if the Board makes the following findings bv resolution: a. The entity reGuestinG a waiver is a DrOfit corporation or business. or charitable 9rGanization: h. The entity Provides services to low income or Words underlined are added; words =truck '~ ...... are deleted. -3- very low income citizens of Collier County at reasonable rates: c. The County does not Provide such services: d. The" ~rovision of services provides substantial benefits to the citizens of Collier County, ¢, $U~icient funds in the Impact Fee accounts exist to fund the waivers: f. Funding for the waiver will only be used from the fund for which the waiver is ~ranted: and The entity is a child care or similar SUDDOrt facility which is included in the oriuinal ~ite development plans of an affordable housing Dro~ect and which ~ro~ect has aualified for an affordable housing w~iv~r or deferral. The resolution adopted by the Board shall state such finding~ and authorize the Daymerit. in whole or in Dart. ~f ~h~ Impact Fee. e. The Impact Fee collected pursuant to this Ordinance shall be returned to the then current owner of the property on behalf of which such fee was paid if such fees have not been 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 shall be made only in accordance with the following procedure: (1) The then current Owner must petition the Board for the refund prior to the end of the fiscal year immediately following the end of the fiscal year in which the date of the sixth anniversary of the date of the payment of the Impact Fee. (2) The petition for refund shall be submitted to the Library Director, and shall contain: Words ~[Ld~Lll]I~ are added; words et=mtle~--%~ are deleted. -4- (a) A notarized sworn statement that the petitioner is the then current Owner of the property for which theImpact 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 fee; (c) A certified copy of the latest recorded deed; and (d) A copy of the most recent ad valorem tax bill. (3) Within three (3) months from the date of receipt of a petition for refund, the Library Director will advise the petitioner and the Board of the status of the Impact Fee requested for refund, and if such Impact Fee has not been expanded or encumbered within its 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. f. Any Owner entitled to a refund who fails to file a timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and apply the Impact Fees for growth necessitated capital improvements and additions to the County Library System. SECTION TWO: Amendment to Section 3.04 of Collier County Ordinance No. 88-97, as amended Section 3.04 is hereby amended to read as follows: Section 3.04. Affordable Housing A. Pursuant to the guidelines established in this Section, the County shall (1) waive or (2) defer, as applicable, the payment of the Impact Fee for any new owner-occupied or rental Library System Impact Construction which qualifies as Affordable Housing under Appendix A of this Ordinance. fi67- 315 Words underlined are added; words ~truck thzMM/gh are deleted. ~5~ (1) Any person seeking an Affordable Mo~sing waiver or defertel for proposed Library System Impact Construction shall file with the County Manager an Application for waiver or defertel, prior to receiving a Building Permit for the proposed Library System Impact Construction. The Application. for waiver or deferral shall contain the following: (a) The name and address of the Owner; (b) The legal description of the Residential property upon which the Librar~ 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 Dwelling Unit will be sold or rented; (d) The number of bedrooms in each Dwelling Unit of the Library System Impact Construction. (2) If the proposed Library System Impact Construction meets the requirements for an Affordable Housing waiver or deferral as set forth in this Section, then the County Manager shall 'issue an Impact Fee waiver or deferral, as applicable, to the Owner or Applicant. The Impact Fee waiver or deferral 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 deferral, 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 deferral, as those terms are defined in Appendix A, and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in Appendix A. A Dwelling Unit shall qualify as owner-occupied if a Words underlined are added; words ~ are deleted. -6- lease-purchase agreement is in effect at the date of issuance of the Impact Fee waiver or deferral 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 Dwelling 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 O~ner must not have had an ownership interest in his/her primary residence in the past three (3) years. (3) The Dwelling Unit~must be the homestead of the Owner(s). (4) The Dwelling Unit must remain Affordable Housing for fifteen (15) years from the date a certificate of occupancy is issued for the Dwelling Unit. C. To qualify for an Impact Fee deferral, a Dwelling Unit offered for rent must meet all of the following criteria: (1) The household renting the Dwelling Unit must have a very low or low income level, at the commencement of the leasehold and during the duration thereof, as those terms are defined in Appendix A and the amount Of rent must be within the Affordable Housing guidelines established in Appendix A. (2) The Dwelling Unit must be the household's permanent residence. D. All Impact Fees deferred for owner-occupied Dwelling Units at the time the Building Permit was issued shall become due 317 Words underlined are added$ words e~thzough are deleted. and payable and shall be immediately repaid to the County upon the sale of the Dwelling Unit to a non-qualified purchaser; provided, however, if the Impact Fee defertel was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For the purposes of this Section 3.04, a non-qualified purchaser is a Person who does not satisfy the Affordable Housing criteria set forth in subsection B above or a Person who does not agree to the terms of the waiver or deferral of impact fees agreement. E. The Impact Fees deferred for rental Dwelling Units at the time the Building Permit was issued shall become due and shall be immediately repaid to the County upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15) years from the date of issuance of the certificate of occupancT, whichever occurs first. F. Any Impact Fees waived for an owner-occupied Dwelling Unit at the time a Building Permit was.issued shall become due and payable and shall be immediately 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 certificate of occupancy 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 housing trust fund. If the Dwelling Unit is used as Affordable Housing in compliance with Section 3.04 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. G. 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 f, 67 318 Words underlined are added; words s~~.~ are deleted. -8- 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 anniversary date of the issuance of a certificate of occupancy. If the income of any unit renter 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 Impact Fee shall become immediately due'and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply 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 deferral. Notwithstanding the foregoing, all outstanding Impact Fees waived or deferred shall be repaid in full upon sale or transfer of the ~elling Unit to a non-qualified purchaser, except for waived Impact Fees where the Owner has complied with the Affordable Housing criteria set forth in Section 3.04 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 selling or renting the Dwelling Unit to a subsequent purchaser or'tenter, the Library System Impact Words underlined are added; words et~Puek-ds~a~e~ are deleted. -9- 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 deferrals 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 Impact Fee waiver or deferral 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 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. If Impact Fees were paid With State Mousing 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 the 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 by the original qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance with Section 3.04 of this Ordinance fo~ a fifteen (15) year period after · ,oo, Words ~nderlined are added; words ~t-Pee~--~ are deleted. !' -10- 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 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 ahall be a lien on the property which lien may be foreclosed upon in the event of non-compliance with the requirements of the 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 occupancy 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 renter 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 Impact Fee shall become immediately due. and payable by the ~¢ner or, in the alternative, the Owner shall have ninety (90) days to comply with the affordable Housing standards set forth in Appendix A. (7) Upon satisfactory completion of the agreement requirements, the Count~ shall record any necessary ,o. fi67 , 321 Words underlined are added; words =truck through are deleted. documentation evidencing same, including, but not limited to, a release of lien. (8) In the event the O~ner ~is in default under this 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 interest at the statutory rate for Judgments calculated on a 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 deferrals 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 deferrals in the Collier County Housing Assistance Plan, as established by County Ordinance No. 93-19. Impact Fee waivers and deferrals pursuant to this Section shall begin in the 1993-94 fiscal year or earlier upon receipt of State Housing Initiatives Partnership [SHIP] Program funds. All Impact Fees waived or deferred shall be paid by the Board into the Library System Impact Fee Trust Account within six (6) years from the date of the award of a waiver and/or deferral as provided herein, 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 Library 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) Words underlined are added; words e~ are deleted. years from the date of such waiver, defertel, 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 deferrals must be utilized to fund Impact Fee waivers and/or defertale for single family owner-occupied 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 a Library System Impact Construction project which consists of a Mobile Home. M. 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 3.04 shall be entitled to defer one hundred percent (100%) of the Impact Fees applicable only to such rental Dwelling Units serving very low and/or low income levels if: (i) all such deferred Impact Fees are paid on or before the end of six (6) years from the datelsuch Impact Fees are 'deferred; and (ii) the rental apartment development shall remain Affordable Housing qualified (under Section 3.04 of this Ordinance) for a minimum of 15 years. N. The Board. in its discretion. may aaree by Resolution to subordinate its lien for Impact Fees to a primary lender and/or aovernment funded affordable housin~ loan such as SAIL or Words underlined are added; words ~truck-t-~.½ are deleted. -13- HOME loan if Ovner can demonstrate that a subordination is necessary to obtain financina and. in the case of rental Dwelling Vnits. if the Owner orovides additional security satisfactory to the County such as additional or substitute collateral in the form of cash or cash. eauivalent financial instruments which will yield the full amount of the deferred impact fees at the expiration of the Deriod of the defertel. SECTION THREE: Amendment to Appendix A of Collier County Ordinance No. 88-97# as amended Appendix A is hereby amended to read as follows: APPENDIX A AFFORDABLE HOUSING DEFINITIONS, BENEFIT STANDARDS, AND LIMITATIONS The following set forth the applicable definitions and benefit standards for Affordable Housing Dwelling Units for the purpose of determining eligibility for Impact Fee waivers and defertale (herein referred to as "benefits"). I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS a) Very low income families means those families whose incomes do not exceed fifty percent (50%) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development {area median income). b) Low income families means those families whose incomes are more than fifty percent (50%) and do not exceed sixty percent (60%) of the area median income as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). c) Noderate income families means those families whose incomes are more than sixty percent (60%) and Ido not exceed eighty percent (80%) of the area median income as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). For a Dwelling Unit to be determined to be affordable, the monthly rent or monthly mortgage payment, including property taxes and insurance shall not be in excess of thirty percent (30%) of the families household income. In no instance will rental limits exceed the rental limits established by the Florida Housing Finance Agency for rents adjusted to bedroom size in projects assisted under the SAIL Loan Program or the Low Income Housing Tax Credit Program based on unit size. II. BENEFIT STANDARDS a) Affordable Housing owner-occupied Dwelling Units which exclusively serve very low income families and which are the owner's homestead shall have one hundred percent (100%) of the applicable Impact Fee waived .pursuant to the terms of the Impact Fee Ordinance. Words underlined are added; words e~--~~ are deleted. -14- b) Affordable Housing rental Dwelling Units which exclusively serve very low income families shall have one hundred percent (100%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. c) Affordable Housing owner-occupied Dwelling Units which exclusively serve low-income families and which are the owner's homestead shall have fifty percent (50%) of the applicable Impact Fees waived and have fifty percent (50%} of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. d) Affordable Housing rental Dwelling Units which exclusively serve low income families shall pay fifty percent (50%) of the applicable Impact Fee, and sh~ll have fifty percent (50%) of the applicable Impact Fee deferred, pursuant to the terms of the Impact Fee Ordinance. e) Affordable Housing owner-occupied Dwelling Units which exclusively serve moderate income families and, which are the owner's homestend shall be required .to pay ~ twenty-five percent (25%) of the applicable Impact Fee, and shall have ~ seventy-five percent {75%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordin~nce. f) Library Facilities System Impact Construction meets the criteria set forth in Subsections b and c of Section 3.05 constructed by art 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 (100%} of the Impact Fees for that construction waived, pursuant to the terms of the Impact Fee Ordinance. NOTE: An A~endment to the Appendix shall require a public hearing of the Board of County Commissioners occurring after 5:00 p.m. SECTION FOUR: Conflict an~ Severability The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. If any section, phrase, sentence or portion of this Ordinance is for any 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 FIVE~ 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. 325 Words underlined are added; words ~~ are deleted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this j~ day' of ~Z~ .. , -~ / 1994. ATTEST: /, BOARD COUNTY COMHISSIONERS · . h APeroved. a'~"to form and legal sufficiency: F A Assistant County Attorney ' and ackno~led~ement of that ,oo, 1.167 326 Words IlVder!ined are added; words e~Peek--~=h~j4~ are deleted. # -16- 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: ordinance No. 94-49 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 cle;k ... Ex-offtcto to Board of · County Commissioners yonB s ~ eputy Clerk 867 :]27