Ordinance 2004-24iA
ORDINANCE NO. 2004 - 24
ORDINANCE OF THE BOARD
OF
I/IlSSlONERS OF COLLIER COUNTY, FLORIDA,..
MENDING ORDINANCE NO. 2003-61 AND NO. 2003-62 TQ~:~
CLARIFY THE EFFECTIVE DATE PROVISIONS OF THOS~i'
ORDINANCES; AND AMENDING CHAPTER 49 OF THE CODE~'~'
OF LAWS AND ORDINANCES, AS CREATED BY ORDINANCE
NOS. 2003-61 & 2003-62, BY AMENDING SECTIONS 49-25 AND
49-45, RESPECTIVELY, PERTAINING TO PROGRAM
ELIGIBILITY CRITERIA; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on November 18, 2003, the Board of County Commissioners of
Collier County, Florida adopted Ordinance No. 2003-61, establishing a Fee Payment
Assistance Program to mitigate the economic effects of increased impact fee rates; and
Ordinance No. 2003-62, establishing a Property Tax Stimulus Program available to
eligible businesses to mitigate the economic effects of increased relocation and
expansion costs, which provided for certain economic incentives; and
WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact
ordinances necessary for the exercise of its powers; and
WHEREAS, the Program Eligibility Criteria in Code of Laws Section 49-25,
created by Ordinance No. 2003-61, pertaining to a Fee Payment Assistance Program,
and Section 49-45 created by Ordinance No. 2003-62, pertaining to a Property Tax
Stimulus Program, respectively are now intended to include one more criterion; and
WHEREAS, enactment of the following amending ordinance will be in the public
interest and serve a valid public purpose by adding a necessary criterion for eligibility to
the aforementioned programs and clarifying the precise events required for the above-
referenced economic incentive ordinances to become effective.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
SECTION ONE. The "Effective Date" provide)ns of Ordinance Nos. 2003-61 & 2003-
62, in Section Three of both Ordinances, are amended as follows:
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This Ordinance will immediately become effective upon the last date of occurrence of all
three of the following events, regardless of the order in which they may occur:
3. the effective date of ordinances by the Board of County Commissioners
adopting appropriate amendments to modify the Collier County Community
Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment
of property taxes to eligible business located in a portion of the Immokalee Enterprise
Zone and expanding the boundaries of the Immokalee Redevelopment Area to include
a portion of the Immokalee Enterprise Zone, as that portion of the Immokalee E'nterpise
Zone is depicted in the attached Exhibit A.
SECTION TWO.
Article II, Section 49-25 of the Collier County Code of Laws and
Ordinances is hereby amended to read as follows:
Section 49-25.
Program Eligibility Criteria·
3. Be located within the boundary of the Immokalee Community Redevelopment
Area and meet the following criteria:
a. Create a minimum of five new job; and
b. The newly created jobs pay an average wa.qe equal to or greater than
50% of the County's current private-sector average wage.
4. Be a High Impact project and be located outside the Enterprise Community and
Eastern Collier County and meet the following criteria:
SECTION THREE·
Article II, Section 49-45 of the Collier County Code of Laws and
Ordinances is hereby amended to read as follows:
Section 49-45.
Program Eligibility Criteria.
Be located within the boundary of the Immokalee Community Redevelopment
Area and meet the following criteria:
a. Create a minimum of five new job; and
b. The newly created jobs pay an average wa.qe equal to or greater than
50% of the County's current private-sector average wage.
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Be a High Impact project and be located outside the Enterprise Community and
Eastern Collier County and meet the following criteria:
SECTION FOUR. CONFLICT AND SEVERABILITY,
In the event this Ordinance conflicts with any other Ordinance of Collier County
or any other applicable law, the more restrictive will apply. If any phrase or portion of
this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction,
such portion will be deemed a separate, distinct and independent provision and such
holding will not affect the validity of the remaining portions.
SECTION FIVE: INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be
renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION SlX. EFFECTIVE DATE.
This Ordinance will become effective upon filing with the Department of State;
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this 154k day of
,2004.
I I,C::.O.,%, ' ~,'l,,~ ,,
D~ .~'~"FETDi~_~, Clerk
Approved as to form and
15at'rick G. Nhite
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
DONNA FIALA, Chairman
This ordinance filed with the
Secretary of State's Office the
~.._~_ day of ~prtt-,
end acknowledgement of that
fllincj received this ~.1 _
of t~r~L , ~0~'4- ·
' ,By~~_~
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-24
Which was adopted by the Board of County Commissioners
on the 13rd day of April 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
day of April, 2004.
DWIGHT E. BRO~ .~;-~ .~ ~'~
Clerk of COU~
Ex-officio
county
By: Linde A. Houtzer
Deputy Clerk