Ordinance 2005-30
~ \11819<°<
4>~ . '~
.'~~ . ~
~ .- . ~
.... -- JUt -' P ORDINANCE NO. 2005 - 30
~ ""lm~t\\~J RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
d) ~ COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
<'g$ 03-61, AS AMENDED, WHICH IS CHAPTER 49 OF THE
1Þe ~ I. - ~o COUNTY'S CODE OF LAW AND ORDINANCES, BY AMENDING
SECTION 49-23 PERTAINING TO THE FEE PAYMENT
ASSISTANCE PROGRAM AND SECTION 49-24 PERTAINING TO
IMPLEMENTATION AND EXCLUSION FROM OTHER SIMILAR
PROGRAMS; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING 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
WHEREAS, Chapter 125.01 (1 )(t), Florida Statutes authorizes the Board to
enact ordinances necessary for the exercise of its powers; and
WHEREAS, the inclusion of equipment as a component of the required
capital investment calculation will allow for optimum utilization of Program funds
for qualified applicants and further promote economic development in Collier
County; and
WHEREAS, participants in the Fee Payment Assistance Program may not
participate in the Property Tax Stimulus Program and similarly may not
participate in the Charitable Organization Waiver Program set forth by Section
74-203 of Chapter 74 of the Collier County Code of Laws and Ordinances; 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) (1) (f) of the Collier County Code
;;; C "'->
of Laws and Ordinances is hereby amended to read as follows: r-r «::::>
r-'- 5:
;::-.. ;>';.' L-
:::c:~ c::
þ:: r-
Section 49-23. Fee Payment Assistance Program. ..).,
en r<1 I
~:z: -J
I'TI-J
- C, ""0
-,,-. ::'J':'
"
-
r
m
* * *
C) '" '''.)
;C-Ji;: .
è5 -, ('0
,þ. rq c.;n
'--'¡
,.",J
f. The total capital investment of the expansion or relocation project
including land.!. aM building. and equipment costs; and
* * *
Page 1 of3
Underlined text is added; struck through text is deleted,
SECTION TWO. Article II, Section 49-24 (a) 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
years if the project is located outside the rural federal enterprise
community (hereinafter "enterprise community"), or no longer than 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 years. Companies will
be eligible for an incentive award which will be calculated by multiplying
the above-described total capital investment by the current millage rate
then multiplied by either ten (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 or the charitable oraanization waiver
proaram 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.
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.
Page 2 of3
Underlined text is added; struck through text is deleted.
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 ~"ð'~ day of \J un e. , 2005.
A TTEST:\",·\"··I~It '1111
DWIG8T:~:iM(.f~;·.Çlerk
:: ¿~6.:.'..) ,::,'", .. :':'~>"\:~\
BY~~~~k.
"- ' } . .' ,I, . ~
Att"t ..,;to·o..lnti,,·ì s
$ igl'1aturt"~ ~ïf.~~.~:·/
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~W. ~
FRED W. COYLE, Chair n
Patrick. ite,
Assistant County Attorney
Thts ordInance filed with thè
Secretary of at's Office the
'1:!:!:2- day of , ZtXf5
tind oÒ~nowiedge et')!-.9f that
f; ~.ce;VEd th;, ~. érWJ day
of. I ~.Ah/~ 'Ix.
[)ep\J1Y eteTt<
Page 3 of3
Underlined text is added; struck thr9101gh text is deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
~c.
,r",
.j;-
I, DWIGHT E. BROCK, Clerk of Courts in and for ~s
')::i>':::.:
(fl fro
Twentieth Judicial Circuit, Collier County, Florida, ~.
'T\ -.
~ c"¡
-r'\ -¡"'
hereby certify that the foregoing is a true and correcrtu
0_\
:x> "1....
-:::;.¡
o "T'l
;po
copy of:
ORDINANCE 2005-30
Which was adopted by the Board of County Commissioners
on the 28th day of June 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of June, 2005.
DWIGHT E. BROCK
Clerk ~f, Court.:;?",'~~i?fl.,e:r;,k
Ex-offlC10 tC?.'·~~~~.-Q0~.. ",
County Commi,s~1.o-\\e~s ·"oØ.) J-:.
i ~'1.~. : I.~,~'\""i,~ ~ "'.. \?..;.
~Æz{ ,}", '...)~}~
" \.). ..-.,. .Ii, ~....' ",",'!> ~
:. ~ " i~ ~ ..,. _ . tJ:' '..I .....
I,... '-,,;J I,. "'At- ':_..<, ,~: .... .,~ ~
By: Linda ,A~'" .I.irn,r ze~.·· ~}...,..
~ " Jv.~..... '\."þ ....
Deputy C1:e,.....¡;¡I!~". f/;'~ ".'
7,:--....""1,1 \\\\\
'" 4.. ~ I t _ , t \ - \
""___"__·^_'W'___'_'__"'·'__·'·'__'·O>_'·'_",~O'__".W.'""',"'_'_'__'
'"
c:::>
~
<-
c:
¡-
I
-J
-0
:¡::
f)?
N
0'\
-n
-
~-
~
~T\
o