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Ordinance 86-76 AN EMERGENCY ORDINANCE AMENDING COLLIER COUN .P,~ ORDINANCE NO. 85-51 WHICH ESTABLISHED THE COLLIER COUNTY PLANNING COMMISSION; AMENDING SECTION FIVE (b) TO PROVIDE THAT A MAJORITY '~ ~- VOTE OF-AT LEAST 5 VOTING MEMBERS SHALL BE '"NECESSARY IN ORDER TO FORWARD A FORFLkL RECOM-~ MENDATION TO THE BOARD OF COUNTY COMMISSIONERS~ PROVIDING FOR PROSPECTIVE AND RETROSPECTIVE APPLICATION; RATIFYING PRIOR PLANNING COMMIS- SION RECOMMENDATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR DECLARATION OF EMERGENCY AND PROVIDING AN EFFECTIVE DATE. I'~EREAS, it has come to the attention of the Bqar~ of county Commissioners that the wording of SECTION FIVE (b), Collier County Ordinance No. 85-51 is unclear in reflecting the intent of the Board; and %~EREAS, it is now and at all times.has been the intent of the Board of County Commissioners that recommendations from the Collier County Planning Commission (CCPC) be forwarded to the Board by no less than a majority vote of five (5) voting members of the Collier County Pl,nning Commission; and WHEREAS, the Board of County Commissioners finds it appro- priate to clarify the wording of SECTION FIVE (b), Collier County Ordinance No. 85-51 to. reflect the past and current intent of the Board of County Commissioners; }tOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Collier County Ordinance No. 85-51, SECTION FIVE (b) shall be amended to read as follows~ SECTION FIVE: Officers; Quorum; Rules.of Procedure. (a) At its earliest opportunity, the membership of the CCPC shall elect a chairman and vice chairman from among the members. Officers' terms shall be for one (1) year, with eligibility for re-election. (b) The presence of five (5} or more members shall constitute a quorum of the CCPC necessary to take action and transact business. In addition, en-~f~{~ a simple Words underlined are added; Words s%=~ek-~h=ough are deleted. majority vote of at least five (5) e=-me~¢ members, present and voting, Shall be necessary in order to eake-~f~%~-~-i a=%&en forward a formal recommendation of approyalf approval with conditionsr denial or other recommendation to the Board of County Commissioners. mo~e-memhe~s-o~-%he-e~P~-are-p~esen~-a~-a-mee~n~ (c) The CCPC shall, by majority vote of the entire me~ership, adopt rules of procedure for the ~ransa:tion business and shall keep a record of meetings~ .resol~ions, findings and dete~inations. The CCPC may ~rovide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessa~. SECTION ~0: Retroactive and Prospective Application~ RatifiCation 0f Previous C~PC Reco~enda~ions. This Ordinance shall be deemed to be a remedial ac~ by ~he Board of County Co~issioners and shall apply bo~h prospec~ively and retrospectively and shall have full application to all pending petitions. Further, the Board of County C~issioners hereby ratifies and confi~s its acceptance of all prior rec~- mendations forwarded ~y the CCPC which are consistent with the provisions of Collier County Ordinance No. 85-51 as amended by this Ordinance. SECTION THEE: 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. SECTION FOUR: Declaration of Emergency and E.ffective Date. This Board does hereby declare that an emergency exists and that ~ediate enac~ent of this Ordinance is nece~ary, and by Words underlined are added; Words s~aek-%h~ug~ are deleted. 2 ...'. no let~s than four-fifths (4/§tbs) vote of the me~cbership of the Board Sees hereby waive notice of intent to consider this Ordinance. A certified copy of this Ordinance, as enacted, shall be filed by the Clerk of the Board with the Department of State of the State of Florida, as soon after enactment as is practicable by depositing the same with the postal authorities of the government of the United States for special delivery by certified mail, postage prepaid, to the Florida Department of PASSED AND DULY ADOPTED by the Board of Coun%~.~iSsioners · of Collier County, Florida, this ~9~-~ day of November, 1986. BOARD 0~*, COUNTY COH~LTSSIONERS . COLLIER COUNTYc FLORI~O~~ - A. PTSTOR, ChairmanBy~ Words un~e~lined are added; Words s~euek-~eea~ are deleted. 3 STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, hereby certify that the foregoing Is a true coI=Y of' ORDINANCE NO. 66-76 that was adopted by the Board of County Commissioners durin~ Regular Session, via emergency procedures, on the 10th day of November, 1986. WIT}~S~ my hand and the officia! seal of the Board of County Commissioners of Collier County, Florida, this 10th day of November, ~956. JAMES C. ~ILE$ Clerk o£ Courts and Clerk Ex-officio to the B~ar~,,o£,,,