Agenda 10/27/2015 Item #17D 10127/2015 1;7.:x.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance repealing Ordinance No. 95-22, as amended,
relating to the Immokalee Enterprise Zone Development Agency.
OBJECTIVE: To repeal a Collier County Ordinance authorized by a Florida Statute that will
itself repeal (sunset) on December 31, 2015.
CONSIDERATIONS: Sections 290.001-290.016, Florida Statutes, known as the Florida
Enterprise Zone Act(Act), established a process to identify severely distressed areas and provide
incentives by both the state and local governments to induce private investment. The Board of
County Commissioners (Board) nominated the Immokalee Community for Enterprise Zone
Designation. The Board then adopted Ordinance No. 95-22 which established the Immokalee
Enterprise Zone Development Agency pursuant to the Act; and approved the Immokalee
Enterprise Zone Strategic Plan. The Act and Ordinance No. 95-22, as amended, also set forth the
Agency's composition, appointment if its members, and its powers and duties. According to the
CRA advisory boards' bylaws, the Immokalee Local Redevelopment Advisory Board would act
as the Immokalee Enterprise Zone Development Agency
Section 290.16, Florida Statutes, states that the Act is repealed on December 31, 2015.
Accordingly, staff is requesting that the Board repeal Ordinance No. 95-22, as amended,
effective December 31, 2015.
Concurrent with the adoption of the proposed Ordinance, staff is requesting approval of
Resolutions that will amend the Immokalee Local Redevelopment Advisory Board's bylaws and
retain the members of the Immokalee Enterprise Zone Development Agency under the name of
the Advisory Board. The effective date of these Resolutions coincides with the repeal of the Act.
FISCAL IMPACT: The cost of advertising the proposed Ordinance was S688.45.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. -JAB
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Ordinance repealing Ordinance No. 95-22, as amended.
PREPARED BY: Bradley Muckel, Community Redevelopment Agency - Immokalee
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10/27/2015 17.D.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.D.
Item Summary: Recommendation to adopt an Ordinance repealing Ordinance No. 95-22,
as amended, relating to the Immokalee Enterprise Zone Development Agency. This item is a
companion to Item 16B1.
Meeting Date: 10/27/2015
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
10/20/2015 10:41:50 AM
Submitted by
Title: CRA Operations Manager,Immokalee County Redevelopment Agency
Name: MuckelBradley
10/20/2015 10:41:51 AM
Approved By
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 10/20/2015 12:01:13 PM
Name:BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 10/20/2015 12:15:25 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 10/20/2015 1:14:35 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/20/2015 1:55:37 PM
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10/27/2015 17.0.
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/20/2015 5:10:45 PM
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10/27/20
NAPLES DAILY NEWS « Friday, October 16,2015 < 19D
Ordinances/Petitions Ordinances/Petitions
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday,October 27,2025, in the
Boardroom,Third Floor,Administration Building,Collier County
Government Center,3299 East Tamiami Trail,Naples,Florida,the
Board of County Commissioners,will consider the enactment of
a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER,COUNTY,FLORIDA,REPEALING IN ITS ENTIRETY
ORDINANCE NO. 95-22,AS AMENDED, WHICH ESTABLISHED
THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT
AGENCY AND ADOPTED THE IMMOKALEE ENTERPRISE
ZONE STRATEGIC PLAN PURSUANT TO SECTIONS 290.001
- 290.016, FLORIDA STATUTES; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN
EFFECTIVE DATE.
A Copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged.
If recognized by the Chairman, a spokesperson for a group or
organization may be allotted 10•minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part
of the record.
•
Any person who decides to appeal a decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding,you are entitled,at no
cost to you,to the provision of certain assistance.Please contact
the Collier County Facilities Management Department, located
at 3335 Tamiami Trail East, Suite #101, Building .W, Naples,
Florida 34112, (239)252-8380.Assisted listening devices for the
•
hearing impaired are available in the County Commissioners'
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
TIM NANCE,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
October 16,2015 No.744794
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10/27/2015 17.D.
ORDINANCE NO.2015 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING IN ITS ENTIRETY
ORDINANCE NO. 95-22, AS AMENDED, WHICH ESTABLISHED THE
IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY AND
ADOPTED THE IMMOKALEE ENTERPRISE ZONE STRATEGIC PLAN
PURSUANT TO SECTIONS 290.001 - 290.016, FLORIDA STATUTES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Enterprise Zone Act (Act), as set forth in Sections 290.001-
290.016, Florida Statutes, established a process that clearly identifies severely distressed areas
and provides incentives by both the state and local governments to induce private investment in
such areas; and .
WHEREAS, the Board of County Commissioners (Board) nominated the Immokalee
Community to be considered by the Florida Department of Commerce for Enterprise Zone
Designation; and
WHEREAS, through its adoption of Ordinance No. 95-22, the Board established the
Immokalee Enterprise Zone Development Agency pursuant to the Act; and adopted the
Immokalee Enterprise Zone Strategic Plan; and
WHEREAS, in accordance with the Act, Ordinance No. 95-22, as subsequently
amended by Ordinance No. 97-81, also provided for appointment and composition of the
Agency as well as its powers and duties; and
WHEREAS, Section 290.16, Florida Statutes, directs that "Sections 290.001-290.014
are repealed December 31, 2015;" and
WHEREAS, the Board finds it necessary to repeal Ordinance No. 95-22, as amended,
effective December 31, 2015.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: REPEAL OF ORDINANCE NO. 95-22, AS AMENDED.
Effective December 31, 2015, Collier County Ordinance No. 95-22, and all amendments
thereto, shall be repealed in their entirety.
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SECTION TWO: ELIMINATION OF THE IMMOKALEE ENTERPRISE ZONE
STRATEGIC PLAN.
Effective December 31, 2015, The Immokalee Enterprise Zone Strategic Plan shall be of
no further force or effect.
SECTION THREE: INCLUSION IN THE 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 Ordinance may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: 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 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 FIVE: EFFECTIVE DATE.
Pursuant to Section 290.16, Florida Statutes, this Ordinance shall become effective on
December 31, 2015.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TIM NANCE, CHAIRMAN
Approved as to form and legality:
Jennifer B 1ped G�
Assistant County At • ney ?,�
A\
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