Ordinance 2004-45
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ì _ ~\. .~~\\ ~\', ORDINANCE NO. 2004 - 45 ',-
~ \ \\\\~~ dkDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
~ ~\.\S OF/~OLLlER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
;:2'<" .2003-61, AS AMENDED WHICH IS CHAPTER 49 OF THE
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" " COUNTY'S CODE OF LAW AND ORDINANCES, BY AMENDING
SECTION 49-23 PERTAINING TO THE FEE PAYMENþ, C)
ASSISTANCE PROGRAM AND SECTION 49-24 PERTAINING T'Ø¡::;-¡ -l
IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
AN EFFECTIVE DATE
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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
WHEREAS, Chapter 125.01(1)(t), Florida Statutes authorizes the Board to enact
ordinances necessary for the exercise of its powers; and
WHEREAS, the Implementation section in Code of Laws Section 49-24 created
by Ordinance No. 2003-61, pertaining to a Fee Payment Assistance Program
was intended to consider the total capital investment of the expansion or
relocation project as an element in the calculation of the incentive award; and
WHEREAS, enactment of the following amending ordinance will be in the public
interest and serve a valid public purpose by adding a necessary correction to the
calculation required for implementation and award of the incentive related to the
aforementioned program.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE. Article II, Section 49-23 (a) (6) of the Collier County Code of
Laws and Ordinances is hereby amended to read as follows:
Section 49-23
Fee Payment Assistance Program
* * *
6. The total capital investment of the expansion or relocation project,
including land and building, and equipment costs; and
* * *
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SECTION TWO. Article II, Section 49-24 of the Collier County Code of Laws
and Ordinances is hereby amended to read as follows:
Section 49-24
Implementation
* * *
A. Under this Fee Payment Assistance Program the eligible business
will pay its tax bill in full to the Tax Collector's Office annually, on or before
the date it is due. The program obligation period will be no longer than ten
(10) years if the project is located outside the Rural Federal Enterprise
Community (hereinafter "Enterprise Community"), or no longer than fifteen
(15) years if the project is located within the Enterprise Community..
Companies located in a High Impact area, that is an area outside the
Enterprise Community and Eastern Collier County, must be pre-approved
for program participation by the Board of County Commissioners and, if so
approved, are obligated to this program for a maximum of ten (10) years.
Companies will be eligible for a maximum payment amount not to excoed
the cost of the above described fees multiplied by the an incentive award
which will be calculated by multiplyinQ the above-described total capital
investment by the current millage rate then multiplied by either 10
(projects located in areas outside the Enterprise Community) or 15
(projects located within the Enterprise Community). The incentive award
may not exceed the dollar amount of the impact fees due for the project.
Any payment made under this program is subject to funding availability. A
development project participating in the Fee Payment Assistance Program
is not eligible to also participate in the Property Tax Stimulus Program that
may be offered by the County.
* * *
SECTION THREE. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of
Collier County or any 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 portions.
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SECTION FOUR. 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 re-numbered or re-Iettered to accomplish such, and the word
"ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida this d;)N() day of June. ,2004.
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~/ d.t~
DONNA IALA, Chairman
Patrick G. White,
Assistant County Attorney
This ordinance filed with the
Secretory of State's Office the
c:1Z.5..- ~ay of J"u I\t , .:J..OO '"
and acknow!edoement of that
filj~ receivEd t~is ~ day
of ~~Á~~8~IÞ
Deputy c Jerk
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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 2004-45
Which was adopted by the Board of County Commissioners
on the 22nd day of June 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of June, 2004.
DWIGHT E. BROCK
Clerk of Courts ,and Clerk
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By: Linda A\j~'lJ.1:zer::,·"i:2
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