Ordinance 94-71 ORDINANCE NO. 94- 71 'L~: ~ a....
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.i~{Q'
91-24, AS AMENDED, BY EXTENDING THE MORATORIUM ~;~
PROSCRIBING ISSUANCE OF PERMITS AND PROHIBITING %{~.] ~'
THE INSTALLATION OF DRAINAGE CULVERTS INCLUDING
PIPES OR OTHER APPURTENANCES WITHIN THE SWALES IN
THE PUBLIC RIGHT-OF-WAY OF THE AREA GENERALLY
KNOW~ AS NAPLES PARK UNTIL DECEMBER 31, 1995,; ~-°"
PROVIDING CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier
County, Florida, adopted Collier County Ordinance No. 91-24,
the Collier County Swale Naples Park Culvert Moratorium
Ordinance on March 5, 1991 and on January 19, 1994, adopted
Collier County Ordinance No. 94-2 amending Ordinance No. 91-24,
extending the moratorium from December 31, 1993 through
December 31, 1994; and
WHEREAS, the Board of County Commissioners has determined
that it is in the best interest of the citizens of Collier
County and to protect the health, safety and welfare of the
citizens of Collier County to extend the moratorium for an
additional year, until December 31, 1995, prohibiting the
permitting of the conversion of swales to culverts in the
public rights-of-way within an area generally known as Naples
Park, a platted subdivision located in Collier County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION FOUR OF COLLIER COUNTY ORDIN]~NCE NO. 91-24
Section Four of Collier County Ordinance No. 91-24 is
hereby amended to read as follows:
SECTION FOUR: IMPOSITION OF MORATORIUM; DURATION.
A moratorium prescribing the issuance of Permit(s) to
Perform Work and/or Maintenance in Public Rights-of-way
pursuant to Collier County Ordinance No. 82-91, as amended, is
imposed specifically to prohibit the installation of drainage
culvert including pipes or other appurtenances within the
swales within the public rights-of-way, except for the culvert
required to install a driveway for homesite access.
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Words underlined are added; words ~ are deleted.
The moratorium imposed hereby shall commence as of the
effective date of this Ordinance and shall continue in effect
until Collier County receives approval.-from the Florida Depart-
ment of Environmental Regulation to terminate said moratorium,
but. not longer than through December 31, ~994 1995 pursuant to
this Ordinance.
SECTION TWOI CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restricted shall apply. If any phrase or portion of the
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 THREEI INCLUSION IN THE CODE OF LAWS A~DORDINANCES.
The provisions of this Ordinance shall become and be made
a part of the Code of Laws and Ordinances of Collier County,
Florida. The sections of the Ordinance may be fenumbered or
relettered to accomplish such, and the word "ordinance" may be
changed to "section",'"article", or any other appropriate word.
SECTION THR38EZ EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of
notice from the Secretar7 of State that this Ordinance has been
filed with the Secretary of State.
PASSE0 AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this ~ day of
December , 1994.
ATTEST: BOARD OF COUNTY COH~ISSIONERS
DWIGHT E. BROCK,. Clerk COLLIER CO~~/f~FLORID~~~...
' ' ~ ~ ~ ' TI THY J. COnSTANTInE, '
legal sufficiency: ' ! e
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dcw/tw/12618
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Words underlined are added~ words s~~-c.~ are deleted.
STATE OF FLORIDA
COUNTY OF COLLIER )
I, DWIGHT E. BROC|:, Clerk of Courts
Twentieth Judicial Circuit, Collier C~unty, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance
which was adopted by the Board of County Commissioners on~
the 21s~ day of December, 1994, during Special Session.
WITNESS my hand and the offlctal seal of the Board of
County Commissioners of Collier County, Florida, this 22nd
day of December, 1994.
OWIGMT E. BROCX
Clerk of Co~ar~!~ ,~=,,t Cle=k
Ex-officio to ~nard of '
County Commissiouers