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Ordinance 94-51 ------ w W OaOINX~CE No. 94- 51 ;~N ORDINANCE AMENDING COLLXER COUNTY ORDXNANCE ~. ~NO. 91-71, AS AMENDED, RELATING TO THE COLLIER ""COUNTY EMERGENCY MEDICAL SERVICES SYSTEM.IMPACT d FEE ORDINANCE; AMENDING SECTION 2.03, PROVIDING ~ '~' FOR AMENDMENT TO PROVISIONS RELATING TO USE OF MONIES; AMENDING SECTION 3.05, PROVIDING FOR MODIFICATION OF PROVISIONS RELATING TO AFFORDABLE HOUSING; PROVIDING FOR MODIFICATION OF AFFORDABLE HOUSING BENEFIT STANDARDS CONTAINED IN APPENDIX A; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDINGAN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County on August 7, 1991, enacted Collier County Ordinance No. 91-71, establishing an Emergency Medical Services System Impact Fee Ordinance; and WHEREAS, The Board of County Commissioners of Collier County on May 6, 1992 enacted Ordinance No. 92-30 which amended Collier County Ordinance No. 91-71; and WHEREAS, the Board of County Commissioners of Collier County on December 16, 1992 enacted Ordinance No. 92-98 which further amended Collier County Ordinance No. 91-71; and WHEREAS, the Board of County Commissioners of Collier County on. August 10, 1993 enacted Ordinance No. 93-53 which further amended Collier County Ordinance No. 91-71; and WHEREAS, the Board of County Commissioners of Collier County on February 28, 1994 enacted Ordinance No. 94-7 further amending Collier County Ordinance No. 91-71; and WHEREAS, the Board of County Commissioners of Collier County on April 11, 1994 enacted Ordinance No. 94-18 further amending Collier County Ordinance No. 91-71. NOW, THEREFORE, BE'IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONEX Amendment to Seotfon 2.03 of Collier County Ordinance No. 92-22, as amended Section 2.03 of Collier County Ordinance No. 92-22 is hereby amended as follows: · Words underlined are added; words ~are deleted. ,1~ · Section 2.03. Use of Monies a. The Board hereby establishes a separate trust account for the Impact Fees, to be designated as the "Emergency Medical Services System Impact Fee Truest 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 Emergency Medical Services System Impact Fee Trust Account shall be used solely for the purpose of providing growth necessitated construction improvements and additions to the County Emergency Medical Services System including, but not limited (1) Design or construction plan preparation~ (2) Permitting and fees~ (3) Land acquisition including any costs of acquisition or condemnations (4) Construction and design of County Emergency Medical Services System buildings, facilities'or improvements and additions thereto; (5) Design and construction of drainage facilities required by the construction of County Emergency Medical Services System buildings, facilities or improvements and additions thereto~ (6) Relocating utilities required by the construction of County Emergency Medical Services System buildings, facilities or improvements and additions thereto~ (7) L~ndscaping, incident to or necessitated by the expansion of the County Emergency Medical Services System buildings, facilities or improvements and additions thereto~ (8) Construction management or inspection~ (9) Surveying, soils and material testing; (10) Acquisition of apparatus or equipment necessary to expand the County Emergency' Medical Services System~ Words underlined are added~ words ~ are deleted. (11) Repayment of monies transferred or borrowed from any budgetary fund of the County, including monies borrowed subsequent to the adoption of this Ordinance which were used to fund construction, acquisition of improvements and additions to the County Emergency Medical Services System as heroin provided; (12) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the County to fund growth impacted improvements and additions to the County Emergency Medical Services System; and (13) Reimbursement of Impact Faes due an Applicant pursuant to Section 3.06. (14) To the extent provided by law, reimbursement of costs incurred in the preparation of the Impact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.09 and any other administrative costs incurred by the County. c. Funds on deposit in the Emergency Medical Services System Impact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. d. The monies deposited into the Emergency Medical Services System Impact Fee Trust Account shall be used solely to provide improvements and additions to the County Emergency Medical Services System required by growth generated by Emergency Medical Services System Impact Construction as'identified in the Impact Fee Study. e. 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 Emergency Medical Services System Impact Fee Trust Account and used as provided heroin. To the extent permitted by law, any interest |.187 35 i Words underlined are addedJ words e~ee~-~ are deleted. -3- accrued on Impact Fees which is not needed for improvements and additions to the County Emergency Hedical Services System may, at the discretion of the Board, be used to fund waivers or deferrals of'Impact Fees pursuant to Section 3.05 0f this Ordinance. Zn addition, to the extent permitted by law. any accrued interest on Impact Fees which is not needed for improvements and addttton~ the County Emergency Medical Services System may. at the discretion of the Board. be used to fund waivers of Impact Fees if the Board makes the followina findinas by resolution: a. The entity recuestinc a waiver is a not-for- Profit corporation or business. or charitable oruanization: b. The entity provides services to low income or very low income citizens of Collier County reasonable rarest c. The County does not PrOVide such services: d. The provision of services Provides substantial benefits to the citizens of collier County. e. sufficient funds in the Impact Fee accounts exist to fund the waivers: f. Fundinu for the w{~ver will only be used from the fund for which the waiver is aranted: ana The entity is a child care or similar SUDDOrt facility which is included in the oriainal site development plans of an affordable housing project and which DroPact has cualified affordable housina waiver or deferral, The resolution adopted by the Board shall state such findinas and authorize the payment. in whole or in Dart. of the Impact Fee. f. 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 Words underlined are added; wordserrate deleted. ~4- 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 due under these circumstances shall be made only in accordance with the following procedure: (1) The then current Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the sixth anniversaz7 of the date of the payment of the Impact Fee. (2) The petition for refund shall be submitted to the County Manager, on a form approved b~ the County Manager, and shall contain: (a) A sworn statement that' the petitioner is the then current Owner of the property on behalf of which the Impact 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 feel (c) A certified copy of the latest recorded deed or other instruments evidencing title~ a representation that the most recent recorded deed or other instruments reflect the exact names of all current legal owners~ a representation that the petitioner will notify the County of any change in the status of legal ownership which occurs prior to the issuance of any refund from the County; {d) A~copy of the most recent ad valorem tax bill. (3) Within ninety (90) days from the date of receipt of a petition for refund, the County Manager 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 expended or encumbered within the applicable time period, then it shall be returned to the petitioner. For the purposes of this Section, fees collected shall be deemed to Words underlined are added~ words~ aro deleted. -5- be spent or encumbered on the basis of the first fee In shall be the first fee out. g. 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 Emergency Medical Services System. SECTION TWO: Amendment to Section 3.0S of Collier County ordinance No. 91-7X, es amended Section 3.05 is hereby amended to read as follows: Section 3.05. Affordable Mousing 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 Emergency Medical Services System Impact Construction which qualifies as Affordable Mousing under Appendix A of this Ordinance. (1) Any person seeking an Affordable Mousing waiver or deferral for proposed Emergency Medical Services System Impact Construction shall file with the County Manager an Application for waiver or deferral, prior to receiving a Building Permit for the proposed Emergency Medical Services 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 Emergency Medical Services 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 Words underlined are added; words =~==:~ ~hr;=~h are deleted. -6- the Emergency Medical Services System Impact Construction. (2) If the proposed Emergency Medical Services System Impact Construction meets the requirements for an Affordable Housing waiver or defertel 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. Tne Impact Fee waiver or defertel shall be presented in lieu of payment of the Impact Fee pursuant to Section 2.0l. B. To qualify'for an Impact Fee waiver or deferral, an owner-occupied Dwelling Unit must meet all of the following criteria: (1) The Owllet(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 defertel, 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 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 ENelling 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 Owner must not have had an ownership interest in his/her primary residence in the past three (3) years. f367 , 3'55 Words ~ are added; words ~-t~h are deleted. -7- (3) The Dwelling Unit must be the homestead of the O~nler(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, unless the Impact Fee is repaid to the County. 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 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 deferral was paid with State Housing Initiatives'Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For purposes of this Section 3.05, 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 Occupancy, whichever occurs first. F. Any Impact Fees waived for an.owner-occupied Dwelling Words underlined are added; words e~are deleted. -S- 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 certl£1cate 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 3.05 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 D~elling Unit shall be released. U. The percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an owner-occupied or rental Affcrdable Housing Dwelling Unit shall be the percentage set forth in Appendix A. The Impact Fees waived or 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 tenter 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 Words underlined are added; words e~ are deleted. dsfsrrals sat forth in Appendix A, the Ovner shall maintain the waiver and/or defertel. Notwithstanding the foregoing, all outstanding Impact Faas waived or deferred shall ba repaid in full upon sale or transfer of the Dwelling Unit to a non-qualified purchaser, except for waived Impact Faas where the Owner has complied with the Affordable Housing criteria sat forth in this Section 3.05 for fifteen (15) years after the issuance of the certificate of occupancy. I. The Owner receiving an Impact Fee waiver or defertel 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 defertel is given to an Owner who will be selling or renting the Dwelling Unit to a subsequent purchaser or tenter, the Emergency Medical Services System Impact Construction must be sold or rented to households meeting the criteria set forth in this Section in order to maintain the waiver or defertel. Impact Fee waivers or defertale 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 defertel or within thirty [30) days thereof, end 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 purchnser 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 Words underlined areadded~ words e~~ are deleted. Dwelling Unit is sold to another qualifying Owner. (3) For owner-occupied Dwelling Unite, the amount of Impact Fees deferred shall he repaid to the County upon the sale or transfer to a non-qualified purchaser. 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. 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 Unite where Impact Fees have been waived, the Dwelling Unit must beI utilized by the original qualifying Owner, or subsequent qualifyi.g purchaser, as Affordable Housing in compliance with Section 3.05 of this Ordinance for a fifteen {15) year period after 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 shall 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 ected in compliance with the agreement or upon repayment in full. In the case of a deferral, such release shall be recorded upon repayment in full. (6) Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the Words underlined are added; words ~h are deleted. -11- criteria set forth in Section 3.0S(H). 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 tenter which originally qualified as ver~ 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 O~n~er or, in the alternative, the (~wner shallI have ninety (90) days to comply with the Affordable Housing standards set forth in Appendix A. (7) Upon satisfactory completion of the agreement re~uirements, the County shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. (8) In the event the O~ler is agreement, and the default is not cured within thirty (30) days after ~Tltten 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 ~n enforcing this agreement, plus interest at the statutor3[ 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 or deferrals in the Collier County Housing Assistance Plan, as established by County Ordinance No. 93-19.. Impact Fee waivers and deferrals pursuant ,oo f]67 360 Words underlined are added~ words e~lek--%~are deleted. -12- to this Section shall begin in the 199S-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 Emergency Medical Services System Impact Fee Trust Account within six (6) years from the date of the award of a waiver and/or defertel 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 Emergency Medical Services System Impact Fee Trust Account such amounts equal to any Impac~ Fees previously waived or deferred by the Board, or previously exempted or reimbursed by the Board within six (6) 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 deferrals 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 an Emergency Medical Services 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 Words underlined are added; wordschemers deleted. -13- Section 3,05 shall' be entitled to defer one hundred percent (100%) of the Impact Fees applicable only to such rental Dvelling 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 date such Impact Fees are.deferred; and (ii) the rental apartment development shall remain Affordable Housing qualified (under Section 3.05 of this Ordinance) for a minimum of 15 years. N. The Board. in its disc~etion. may acres bv Resolution to subordinate its lien for Impact Fees to a primary lender and/or Covernment funded affordable housinq loan such as SAIL or HOME loan if Owner can demonstrate that a subordtna~i0n i2 necessary to obtain financin~ and. in the case of rental Dwelling Units, if the Owner mrovides additional security satisfactory to the County such as additional or substitute collateral in th~ form of cash or cash ecn/ivalent financial instruments which will yield the full amount of the deferred imD~Ct fees at the expiration of the Defied of the defertel. SECTION T~EE: Amendment to Appendix A of Collier County Ordinance No, 91-71, 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). Words underlined are added; words ~ are deleted, -14 - ' c) Moderate income families means those families whose incomes are more than sixty percent (60%) and do 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 i~come). 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 o~n~er-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. 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 o~er-occupied Dwelling Units which exclusively serve low-income families and which are the o~nqer'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 shall have fifty percent (50%) of the applicable Impact Fee deferred, pursuant to the terms of the Impact Fee Ordinance. e) Affordable Housing o~er-occupied Dwelling Units which exclusively serve moderate income families and which are the owner's homestead shall be required to pay eevef~a~ ~enty-five percent {25%) of the applicable Impact Fee, and shall have ~ seventy-live percent {75%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. f) Emergency Medical Services System Impact Construction meets the criteria set forth in Subsections b and c of Section 3.05 constructed by'an Agency of Collier County or by an Independent Governmental Agency pursuant to an interlocal agreement with Coliier 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 Amendment to the Appendix shall require a public hearing of the Board of County Commissioners occurring after 5:00 p.m. words underlined are added~ words elst~~are deleted. -15- ' SECTION FOUR Z Conflict end Severability The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, velfare 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 no~ affect the validit~ of the remaining potions thereof. SE~ION FIVEz Effeotive Da~e ~is Ordinance shall become effective upon receipt of notice from the Secreta~ of State that this Ordinance has been filed with the Secreta~ of S~ate. PASSED ~D D~Y A~ED by the Board of County Co~issioners of Collier County, Florida, this JF day of ,, 1994..:... · '~EST:.~. ~. BO F ~ CO SSION~ j. DWIG~ E. ~RO~, Clerk , ~ i~/· . ~ .< ~/ ' T~ Co~h~fne .~ · , .~ . Assistant County Attomey o~ ~k~'~em t f o ' Words ]aJl~ are, added; words :~.ruck-~=u~h 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 herebw certifw that the foTegoin~ is ~ ~[ue cop~ of~ Ordinance No. 94-51 which was adopted bw the Board of County Commissioners on the 28th daW of September, 1994, during Special Session. WITNESS mw hand and the official seal of the Board of · Countw Commissioners of Collier .CountW, Florida, this 5th -/ daW of October, 1994. DWIG}~T E. BROCK Clerk of Courts and Clerk Ex-officto to Board of..~ Countw Commissione s .-..- aureen KenWon ·