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Ordinance 89-033ORDINANCE NO. 89- 33 AN ORDINANCE REPEALING ORDINANCE NO. 88-79 WHICH ESTABLISHED AND IMPOSED A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS OR CERTIFICATES OF OCCUPANCY IN AREAS WITHIN A PART OF THE JURISDICTION OF THE COLLIER COUNTY WATER-SEWER DISTRICT; PROVIDING CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, adopted Ordinance No. 88-79 on October 18, 1988 which established and imposed a moratorium on the issuance of building permits or, upon compliance with specified conditions, certificates of occupancy in areas within that part of the Jurisdiction of the Collier County Water-Sewer District described and defined in said Ordinance as the "Area of Concern"; and WI{EREAS, Collier County Ordinance No. 88-79 provides a variance procedure to the moratorium by requiring the p.rop_~e, rty owner to provide certification of necessary fire flows te~ ~ which are to be conducted on four (41 consecutive weekdays~t~n certain designated hours; and ~-~ -u WHEREAS, water distribution system improvements have ~en ~ ~ · --4 constructed and placed into service within the "Area of Co~rn® which have increased the capacity of the potable water distribution system in the North Naples Water System Area to provide the required peak daily water usage flows and fire flows necessary to meet the demands of the area; and WHEREAS, reduced water pressures within the "Area of Concern" are primarily the result of restrictions placed by the South Florida Water Management District due to declared water shortages within Collier County; and WHEREAS, the South Florida Water Management District has agreed that temporary increases in pressure are necessary to conduct fire flow tests for the issuance of building permits or certificates of occupancy; and WHEREAS, the £epeal of Ordinance No. 88-79 and the fire flow testing requireme~t~ contained therein will result in the necessity of increased pressure to conduct fire flow tests only one time per applicant and only on an "as needed" basis; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Repeal of Ordinance No. 88-79 Collier County Ordinance No. 88-79 which established and imposed a moratorium on the issuance of building permits or, upon compliance with specified conditions, certificates of occupancy in areas within that part of the jurisdiction of the Collier County Water-Sewer District described and defined as the "Area of Concern" is hereby repealed in its entirety. SECTION TWO: Conflict and Severabilit¥ 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. 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. , ¥//27 .'"'JA~Eg'~.C~ FdZJDES, Clerk ~pp'ro~Or "a~':to fora and lO,all lh~fictency: Kenneth B. Cuy ,~F~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLI~UNTY, FLORIDA BURT ~4. SAUNDE'RS, Ch~rman STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, 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. 89-33 which was adopted by the Board of County Commissioners on the 6th day of June, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of June, 1989. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of Count~.Commissioners By: ~s/Virginia Magri Deputy Clerk (]35 3'47