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Ordinance 89-020WATER POLLUTION CONTROL PROGRA~ AND FOR ITS PURPOSES AND IMPLEMENTATION; PROV~DIN(~ . SHORT TITLE; PROVIDING FOR APPLICABILITY; ' ~' PROVIDING FOR FUNDING AND LEVY OF TAXES; ~-- PROVIDING FOR CREATION OF A WATER POLLUTION CONTROL ADVISORY BOARD; REPEALING AND SUPERSEDING COLLIER COUNTY ORDINANCE NO. 85-31; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the electors of Collier County, voting in a county-wide referendum on November 6, 1984, approved the levy of one-tenth (1/10) of a mill tax for the purpose of establishing a water pollution control program; and WHEREAS, the ~qater pollution control program was expanded on March 8, 1988 by a county-wide referendum to protect Collier County's water resources from all pollutants without an increase in the millage of one-tenth (1/10th) of a mill; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE. TITLE AND CITATION This Ordinance shall be known and may be cited as the "Collier County Water Pollution Control Ordinance". SECTION TWO. APPLICABILITY This Ordinance shall apply county-wide. SECTION THREE. ESTABLISHMENT OF COLLIER COUNTY WATER POLLUTION CONTROL PROGRAM; PURPOSES AND IMPLEM~{TATION There is hereby established the Collier County Water Pollution Control Program (hereinafter referred to as the "Program"). The Program is established for the purposes of: a) Implementing a county-wide pollution control Progra~ to monitor and study the treatment and disposal of sewage. b) To abate the effects that the disposal of the resulting sewage effluent and solid pollutants has on the water resources of Collier County. c) To protect the groundwater, freshwater surface waters and other non-tidal water resources from all sources of pollution in Collier County. The Board of County Commissioners of Collier County, Florida shall take all necessary and desirable actions to implement the purposes of this Program. SECTION FOUR. FUNDING AND LEVY OF TAXES The monitoring, study, protection and abatement program designated pursuant to Section One of this Ordinance shall be provided from taxes levied in both the incorporated and unincorporated areas of Collier County. The levy of one-tenth (1/10th) of a mill which was approved in the county-wide referenda on November 6, 1984, and March 8, 1988 shall be for the purposes specified in Section One of this Ordinance. The Program tax shall be levied and collected at the same time and in the same manner as provided by law for other County taxes. The Property Appraiser and the Tax Collector of Collier County, Florida, are specifically authorized and directed to take all necessary and desirable action in furtherance of this Section. SECTION FIVE. PROVIDING FOR THE CREATION OF THE WATER POLLUTION CONTROL ADVISORY BOARD The Board of County Commissioners may by ordinance designate an Advisory Board composed of residents and electors of Collier County with advisory authority in the business affairs of the Program and such other duties as may be assigned from time to time by the Board of County Commissioners. SECTION SIX. REPEAL OF COLLIER COUNTY ORDINANCE NO. 85-31 Collier County Ordinance No. 85-31 which established the Collier County Water Pollution Control Program is hereby superseded and repealed in its entirety. SECTION SEVEN. CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. 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. 135 SECTION EIGHT. EFFECTIVE DATE This ordinance shall become effective upon receipt of notice from the.S~cretary of State that this Ordinance has been filed ,W~h the .Secr.~tary of State. ~DATED= March 2~, 1989 ATTEST= ,., ~JAMES C. GILES.~ Clerk Approved as to form and legal sufficiency= Assistant County A~Z~orne¥ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~RT L. SAUNDERS, Chairman 035 136 STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier hereby certify that the foregoing is a true copy of: Ordinance No. 89-20 do which was adopted by the Board of County Commissioners on the 28th day of March, 1989, during Regular Session. WITNESS my hand and the off/cia/ seal of the Board of County Commissioners of Collier County, Florida, this 30th day of March, 1989. JAMES C. GILES Clerk of Courts and Clerk .... Ex-offlc~o to Board of ,'~'~:~ County Commissioners ' ' '" '~/ ~y: /s/Maureen Xen¥on ~ Deputy Clerk