Backup Documents 05/11/2010 Item #12A2-A-
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
❑ Other:
® Normal legal Advertisement
(Display Adv., location, etc.)
Originating Dept/ Div: CDES/ Impact Fee Administration Person: Amy Patterson, Impact Fee Manager Date: 4/22/10
Petition No. (If none, give brief description): Ordinance providing for the creation of Innovation Zones
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. May 11, 2010 BCC Meeting. To be advertised
no later than FRIDAY, APRIL 30, 2010)
Newspaper(s) to be used: (Complete only if important):
® Naples Daily News ❑ Other ❑ Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDINANCE OF COLLIER COUNTY PROVIDING FOR THE CREATION OF INNOVATION ZONES
BY THE BOARD BY SUBSEQUENT RESOLUTION; PROVIDING FOR THE CALCULATION OF AN
ANNUAL TAX INCREMENT AMOUNT WITHIN THE GEOGRAPHIC BOUNDARIES OF EACH
INNOVATION ZONE; CREATING AN ECONOMIC DEVELOPMENT TRUST FUND FOR EACH
INNOVATION ZONE FOR THE TRANSFER AND MAINTENANCE OF SUCH TAX INCREMENT
AMOUNTS; AUTHORIZING THE PLEDGE AND APPROPRIATION OF ECONOMIC DEVELOPMENT
TRUST FUNDS; AUTHORIZING THE PREPARATION OF AN ECONOMIC DEVELOPMENT PLAN FOR
EACH INNOVATION ZONE BY SUBSEQUENT RESOLUTION OF THE BOARD; PROVIDING
DEFINITIONS; AND PROVIDING AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes ❑ Nof� - A
If Yes, what account should be charged for advertising costs: P.O.# 4500113048
Rgvjewed by:
I
rvision, mmistrator or Designee Date
List Attachments: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK' WEE USE ONLY: C
Date Received: Date of Public hearing: �! Date Advertised: 'T /I''--
3wbiO
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ORDINANCE NO. 2010-
AN ORDINANCE OF COLLIER COUNTY PROVIDING
FOR THE CREATION OF INNOVATION ZONES BY THE
BOARD BY SUBSEQUENT RESOLUTION; PROVIDING
FOR THE CALCULATION OF AN ANNUAL TAX
INCREMENT AMOUNT WITHIN THE GEOGRAPHIC
BOUNDARIES OF EACH INNOVATION ZONE;
CREATING AN ECONOMIC DEVELOPMENT TRUST
FUND FOR EACH INNOVATION ZONE FOR THE
TRANSFER AND MAINTENANCE OF SUCH TAX
INCREMENT AMOUNTS; AUTHORIZING THE PLEDGE
AND APPROPRIATION OF ECONOMIC DEVELOPMENT
TRUST FUNDS; AUTHORIZING THE PREPARATION OF
AN ECONOMIC DEVELOPMENT PLAN FOR EACH
INNOVATION ZONE BY SUBSEQUENT RESOLUTION OF
THE BOARD; PROVIDING DEFINITIONS; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION ONE. PURPOSE.
It is the policy of the Board to promote economic growth which results in high wage jobs
and helps diversify the economy of Collier County. To further this policy, it is the intent of the
Board to create a dedicated source of revenue to fund an economic development program and to
advance economic development initiatives in zones of geographic concentration within the
unincorporated areas of the County. These zones, to be called Innovation Zones, will be
designated by the Board from time to time through the implementation of Economic
Development Plans adopted by resolution for each Innovation Zone.
SECTION TWO. FINDINGS.
It is hereby ascertained, determined and declared that:
(A) The use of available Tax Increment revenues within an Innovation Zone as a
dedicated economic development tool and funding source enhances the general welfare of the
County through the advancement of new employment opportunities, the implementation of
redevelopment initiatives, the creation of new economic development opportunities and locations
and the expansion of existing employment centers.
(B) Each Innovation Zone is intended to encompass a defined geographic area used to
determine the Tax Increment paid and applied pursuant to ordinance, resolution or agreement
within the meaning of the term "dedicated increment value" defined in section 200.001(8)(h),
Florida Statutes.
(C) Commencing in the Initial Tax Increment Year for each Innovation Zone, the Tax
Increment calculated pursuant to Section 4 of this Ordinance is intended to be a dedicated
increment value referenced in the calculation of the "rolled back rate" under the method
established in section 200.065(1), Florida Statutes.
SECTION THREE.. DEFINITIONS.
As used in this Ordinance, the following words and terms have the following meanings,
unless the context otherwise requires a different definition:
"Aggregate Ad Valorem Millage Rate" means that millage rate obtained from the
quotient of the sum of ad valorem taxes levied by the Board for countywide programs and within
a municipal service taxing unit plus the ad valorem tax levied for all districts dependent to the
Board divided by the total taxable value of the County, excluding Voted Millage.
"Aggregate Ad Valorem Taxes" means ad valorem revenue generated by a Ievy of the
Aggregate Ad Valorem Millage Rate against the total taxable value of the County considered for
any of the discrete Collier County real property assessment rolls referenced in Section 4 of this
Ordinance.
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"Base Year Assessment Roll" means the last Collier County Real Property Assessment
Roll certified by the Property Appraiser prior to the date of adoption of the Tax Increment
Resolution.
"Board" means the Board of County Commissioners of the County.
"County" means Collier County, Florida.
"County Manager" means the chief administrative officer of the County or such
person's designee.
"Economic Development PIan" means the economic development program referred to
in Section 8 of this Ordinance established by resolution of the Board for each Zone.
"Economic Development Trust Fund" or "Trust Fund" means that Trust Fund
created by resolution in Section 6 of this Ordinance for each Zone for the deposit, maintenance
and accounting of the Tax Increment revenues annually generated within each Zone.
"Initial Tax Increment Year" means the tax year commencing October 1, 2010 or such
subsequent tax year as established in the Tax Increment Resolution for the initial determination
of a Tax Increment for the annual funding by the County of an Economic Development Trust
Fund for a Zone.
"Innovation Zone" or "Zone" means a geographic area created by resolution pursuant
to Section 4 of this Ordinance used to determine a Tax Increment to be paid into an Economic
Development Trust Fund to fund the Economic Development Plan approved for each Zone.
"Property Appraiser" means the Property Appraiser of the County.
"Tax Increment" means the annual determination for each Zone of the tax increment
revenues calculated for each Zone pursuant to the formula adopted in Section 4 of this
Ordinance.
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"Tax Increment Resolution" means the resolution adopted by the Board pursuant to
Section 9 of this Ordinance.
"Voted Millage" means ad valorem taxes levied in excess of maximum millage amounts
authorized by law approved for periods not longer than two years by vote of the electors pursuant
to Article VII, section 9(b), Florida Constitution, or ad valorem taxes approved by the electors
and levied as provided in Article VII, section 12, Florida Constitution, whether required and
authorized by law, ordinance or the Florida Constitution.
SECTION FOUR. CREATION OF INNOVATION ZONES AND THE
CALCULATION OF ANNUAL TAX INCREMENT AMOUNT.
(A) The Board shall create Innovation Zones by adopting a resolution defining the
geographic area comprising the Zone.
(B) The Tax Increment amount for each Zone shall be determined annually by the
application of the following formula within the geographic area defined for each Zone and shall
be that amount equal to the percentage rate set in the Tax Increment Resolution applied to the
difference between: (1) the amount of Aggregate Ad Valorem Taxes received each year by the
County from ad valorem taxes levied on taxable real property contained within the geographic
boundaries of a Zone; and (2) the amount of Aggregate Ad Valorem Taxes which would have
been produced by a levy of the Aggregate Ad Valorem Millage Rate each year by the County
upon the taxable real property within the geographic boundaries of a Zone as shown on the Base
Year Assessment Roll.
(C) The amount to be funded by the County for each Zone shall not be less than the
percentage applied to the difference between subparagraphs (B)(1) and (B)(2) of this Section as
set in the Tax Increment Resolution or the resolution creating an Economic Development Plan
adopted for each Innovation Zone.
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(D) The County Manager shall certify to the Property Appraiser by May 1 of the year
prior to the Initial Tax Increment Year, the boundaries of the designated geographic areas of each
Zone, the reference to the Base Year Assessment Roll to be applied, and the specific proportion
of the cumulative increase in taxable value to be applied in determining the Tax Increment. Any
change in geographic boundaries, the Base Year Assessment Roll or percentage of the specific
proportion of the cumulative increase in taxable value shall be certified to the Property Appraiser
prior to May 1 of the year in which the change is to occur.
SECTION FIVE. ANNUAL FUNDING OF ECONOMIC DEVELOPMENT TRUST
FUND.
Prior to January 1 of each County Fiscal Year and subsequent to any certification of the
County Manager to the Property Appraiser required pursuant to Section 4(D), the Board shall
appropriate and transfer to the Economic Development Trust Fund created for each 'Zone the Tax
Increment for such defined geographic are a, in an amount not less than that calculated pursuant
to the formula provided in Section 4 of this Ordinance.
SECTION SIX. CREATION OF ECONOMIC DEVELOPMENT TRUST FUND
FOR EACH ZONE.
There is hereby created an Economic Development Trust Fund for each Zone hereafter
created by the Board in accordance with this Ordinance. The Tax Increment determined
annually for each Zone shall be deposited in the Trust Fund prior to January 1 of each year as
provided in Section 5 of this Ordinance and maintained for such Zone until paid or pledged for
the implementation of the Economic Development Plan created for the Zone. By resolution of
the Board, available funds maintained in one Economic Development Trust Fund can be paid or
applied for a joint project or program with available funds maintained in a separate Economic
Development Trust Fund or a percentage of future Tax Increment revenues can be pledged and
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12A-
applied for two or more Economic Development Trust Funds to jointly fund a program or project
affecting multiple Zones.
SECTION SEVEN. PLEDGE OR APPROPRIATION OF TRUST FUNDS.
By subsequent resolution or agreement, the Board shall have the authority to provide for
the use of funds maintained in an Economic Development Trust Fund for any purpose that
accords with the requirements of Florida law, including without limitation issuing revenue bonds
secured by a pledge of available funds maintained in an Economic Development Trust Fund,
authorizing lease purchase obligations subject to annual appropriation from such available funds.
In the event the Board decides to pledge such funds as security for revenue bonds, then such
bonds can be secured from available funds maintained in the separate Economic Development
Trust Fund created for each Zone or from available funds jointly available in multiple Economic
Development Trust Funds for multiple Zones as determined in such subsequent resolution or
agreement.
SECTION EIGHT. PREPARATION OF ECONOMIC DEVELOPMENT PLAN.
The Board shall adopt, and revise as necessary, by resolution, an Economic Development
Plan for each Zone created by Ordinance, to provide for:
(A) The appropriation or pledge of trust funds deposited or maintained in the
Economic Development Trust Fund created for those Zones.
(B) An economic development program identifying the public benefit to be derived,
infrastructure necessary and required to implement and support such program, any incentives,
regulatory or procedural changes, donations or contributions as may be deemed necessary to
further economic development and/or redevelopment within the respective Innovation Zone and
a fiscal and/or economic analysis as and to the extent deemed appropriate by the Board.
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(C) A partnership agreement, from one or more private entities, detailing a
commitment to provide support in the form of financial funding, infrastructure improvements,
land donations or other contributions, which in the discretion of the Board, promotes the viability
and success of the Innovation Zone,
SECTION NINE. INITIAL DETERMINATION OF A TAX INCREMENT.
The Board shall adopt for each Zone a Tax Increment Resolution: (1) designating the
Base Year Assessment Roll; (2) setting the percentage to be applied to the formula set forth in
Section 4(B) of this Ordinance for the calculation of the Tax Increment; (3) specifying the
number of County fiscal years to be utilized in determining the annual Tax Increment; and (4)
setting the Initial Tax Increment Year. At the discretion of the Board, the resolution adopting
and revising the Economic Development Plan and the initial Tax Increment Resolution can be
combined into a single resolution serving both functions.
SECTION TEN, IMPLEMENTATION.
The Board may establish, from time to time, rules and regulations to implement and
govern the administrative procedures that will be necessary for staff to implement this
Ordinance, including minimum application requirements. These rules and regulations will be
published and made readily available to the public.
SECTION ELEVEN: 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.
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SECTION TWELVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and 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 THIRTEEN: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST:
DWIGHT E. BROCK, CLERK
2010.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk FRED W. COYLE, CHAIRMAN
Approved as to form
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12A
Acct #068781
April 26, 2010
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: An Ordinance Providing for the Creation of Innovation Zones
Dear Legals:
Please advertise the above referenced notice on Friday, April 30, 2010, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
P.O. #4500113048
12A
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on May 11, 2010 in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3301
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 COLLIER COUNTY PROVIDING FOR THE CREATION OF
INNOVATION ZONES BY THE BOARD BY SUBSEQUENT RESOLUTION; PROVIDING FOR
THE CALCULATION OF AN ANNUAL TAX INCREMENT AMOUNT WITHIN THE
GEOGRAPHIC BOUNDARIES OF EACH INNOVATION ZONE; CREATING AN ECONOMIC
DEVELOPMENT TRUST FUND FOR EACH INNOVATION ZONE FOR THE TRANSFER AND
MAINTENANCE OF SUCH TAX INCREMENT AMOUNTS; AUTHORIZING THE PLEDGE AND
APPROPRIATION OF ECONOMIC DEVELOPMENT TRUST FUNDS; AUTHORIZING THE
PREPARATION OF AN ECONOMIC DEVELOPMENT PLAN FOR EACH INNOVATION ZONE
BY SUBSEQUENT RESOLUTION OF THE BOARD; PROVIDING DEFINITIONS; AND
PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are 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 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.
12A
Please contact the Collier County Facilities Management Deptartment,
located at 3301 Tamiami Trail East, 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
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
12A z
Ann P. Jennejohn
To: Naples Daily News Legals
Subject: Ordinance Creating Innovation Zones
Attachments: ORD Creating Innovation Zones.doc; Ordinance Creating Innovation Zones.doc
Good Afternoon,
Please advertise the attached on Friday, April 30, 2010.
Thank you.
Ann Jennejohn, Deputy Clerk
Clerk to the BCC /VAB
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252- 8408(fax)
12A
Ann P. Jennejohn
From: postmaster @collierclerk.com
Sent: Monday, April 26, 2010 12:49 PM
To: Ann P. Jennejohn
Subject: Delivery Status Notification (Relay)
Attachments: ATT300579.txt; Ordinance Creating Innovation Zones
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested delivery status
notifications may not be generated by the destination.
legals @naplesnews.com
Ann P. Jennejohn
22A .,
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Monday, April 26, 2010 4:16 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Attachments: UAS4E9.jpg
Thank you for placing your ad.
Date 04/26/10
Ad Number 1851174
Total Ad Cost $231.00
Em;[)
NOT'iCE OF INTENT
TC)CONSli7Elt ORDINANCE
Notice is hereby given that on May 11, 12A
2010, in the Boardroom, 3rd Floor, Ad-
ministration Building, Collier Courity
Government Center, 3301 East Tamla-
mi Trail, Naples,' Florida, the Board of
County Commissioners will consider
the enactment of a County ordinance,
The meeting will commence at 9:00
ABM, The title of the proposed Ordi-
nance 4 as follows;
Copies of the proposed Ordinance are
or, file with the Clerk to the Berard and
are available for inspection. All inter-
ested partles 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 pre-
sentatlon of the agenda item to be
addressed. Individual speakers will be
limlted to 3 minutes an any Item. The
selection of an Individual to speak on
behalf of an organization or group Is
encouraged. if recognized by the
Chairman, a spokespei rt for a group
or organization may he allotted 10
minutes to speak an 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 minimurn of seven days prior to
the public hearing. All material used
in presentations before the Board will
became a permanent part of the re-
card,
Any person who decides to appeal a.
decision of the Board will need a re-
cord of the proceedings pertaining
thereto and therefore, may need to
ensure that a verbatim retard of the
proceedings is made, which record in-
cludes the testimony and evidence
upon which the appeal Is bases!.
If you are a person with disability who
needs any accornrnodation in order to
particlpate in this proceeding, you are
entit, at no asst to you, to the pro-
vision of certain assistance.
Please contact the Collier County Fa.
Building W, Naples. Florida 34112,
(239) 252 - 8380. Assisted listenin de-
vices for the howling impairN are
available in the County Commissi4n-
ers` Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWiGHT E. BROOK, CLERK
6y: Ann lerinejohn, Deputy Clerk,
(SEAL)
April `30.2010 No1851174
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
-------------------------- --- ------ ------ --------- -� - - --
BCC /IMPACT FEE ADM, ,TTomnTmrr\rT
CLERK OF CIRUCIT C
P 0 BOX 413044
NAPLES FL 34101
REFERENCE: 068781
59615706
State of Florida
Counties of Collier a
Before the undersig
appeared Tracy Reeve,
serves as the Senior
Daily News, a daily n
in Collier County, F1
and Lee counties of F
copy of advertising %
newspaper on dates li
Affiant further say
News is a newspaper F
Collier County, Flori
newspaper has heretof
day and has been ente
matter at the post of
Collier County, Flori
next preceding the fi
attached copy of adve
further says that he
promised any person,
discount, rebate, corn
purpose of securing t
publication in the sa
PUBLISHED ON: 04/30
AD SPACE: 75 LINE
FILED ON: 04/30/1
Signature of Affiant
Sworn to and Subscribed before me this --� CoV
12- �A
NOTICE OF INTENT
TO CONSIDER ORDINANCE,
Notice if herepg�v en that on May 11;
4010 In the Boelatoofh, 31d. Floor, Ad-
minlstra*gn will hgr Collier County ,
6ove5n t - #301 East Tamia-
mi T iAUZ, the Board of
Coup C iapea will comide►
the ehatbmlrtt ot�eCounty Ordinance,
The mektin� wlll> commence. at 9:00 � — —
A.M. lice tl€►e of {►re proposed Ordi-
,,nancetsASfbllows:
I
Personally known by me
day of lylo.-i 2 0LU
KAROL E KANGAS
Notary Public - State of Florida
o My Comm. Expires Jul 29. 2013
Commission # DD 912237
12A X11
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #I through #4. complete the checklist. and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order
Office
Initials
Date
1.
appropriate
(Initial)
Applicable)
2.
5111110
Agenda Item Number
12 -A
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
moved from 17 -D
4. Jeffrey A. Klatzkow, County Attorney
County Attorney
JAK
5/12/10
5. Ian Mitchell, Supervisor - BCC Office
Operations
Board of County Commissioners
Documents Attached
Sk 11
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Jeffrey A. Klatzkow, County Attorney
Phone Number
252 -8400
Contact
appropriate
(Initial)
Applicable)
Agenda Date Item was
5111110
Agenda Item Number
12 -A
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
moved from 17 -D
Type of Document
Ordinance No. 2010 -20 (Innovation Zones)
Number of Original
One
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
JAK
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
JAK
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JAK
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
StAV.-
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 5 -11 -10 and all changes made during the
JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
12A 1
ORDINANCE NO. 2010 -2_
AN ORDINANCE OF COLLIER COUNTY PROVIDING
FOR THE CREATION OF INNOVATION ZONES BY THE
BOARD BY SUBSEQUENT RESOLUTION; PROVIDING
FOR THE CALCULATION OF AN ANNUAL TAX
INCREMENT AMOUNT WITHIN THE GEOGRAPHIC
BOUNDARIES OF EACH INNOVATION ZONE;
CREATING AN ECONOMIC DEVELOPMENT TRUST
FUND FOR EACH INNOVATION ZONE FOR THE
TRANSFER AND MAINTENANCE OF SUCH TAX
INCREMENT AMOUNTS; AUTHORIZING THE PLEDGE
AND APPROPRIATION OF ECONOMIC DEVELOPMENT
TRUST FUNDS; AUTHORIZING THE PREPARATION OF
AN ECONOMIC DEVELOPMENT PLAN FOR EACH
INNOVATION ZONE BY SUBSEQUENT RESOLUTION OF
THE BOARD; PROVIDING DEFINITIONS; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION ONE. PURPOSE.
It is the policy of the Board to promote economic growth which results in high wage jobs
and helps diversify the economy of Collier County. To further this policy, it is the intent of the
Board to create a dedicated source of revenue to fund an economic development program and to
advance economic development initiatives in zones of geographic concentration within the
unincorporated areas of the County. These zones, to be called Innovation Zones, will be
designated by the Board from time to time through the implementation of Economic
Development Plans adopted by resolution for each Innovation Zone.
SECTION TWO. FINDINGS.
It is hereby ascertained, determined and declared that:
(A) The use of available Tax Increment revenues within an Innovation Zone as a
dedicated economic development tool and funding source enhances the general welfare of the
12A 'r
County through the advancement of new employment opportunities, the implementation of
redevelopment initiatives, the creation of new economic development opportunities and locations
and the expansion of existing employment centers.
(B) Each Innovation Zone is intended to encompass a defined geographic area used to
determine the Tax Increment paid and applied pursuant to ordinance, resolution or agreement
within the meaning of the term "dedicated increment value" defined in section 200.001(8)(h),
Florida Statutes.
(C) Commencing in the Initial Tax Increment Year for each Innovation Zone, the Tax
Increment calculated pursuant to Section 4 of this Ordinance is intended to be a dedicated
increment value referenced in the calculation of the "rolled back rate" under the method
established in section 200.065(1), Florida Statutes.
SECTION THREE. DEFINITIONS.
As used in this Ordinance, the following words and terms have the following meanings,
unless the context otherwise requires a different definition:
"Aggregate Ad Valorem Millage Rate" means that millage rate obtained from the
quotient of the sum of ad valorem taxes levied by the Board for countywide programs and within
a municipal service taxing unit plus the ad valorem tax levied for all districts dependent to the
Board divided by the total taxable value of the County, excluding Voted Millage.
"Aggregate Ad Valorem Taxes" means ad valorem revenue generated by a levy of the
Aggregate Ad Valorem Millage Rate against the total taxable value of the County considered for
any of the discrete Collier County real property assessment rolls referenced in Section 4 of this
Ordinance.
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"Base Year Assessment Roll" means the last Collier County Real Property Assessment
Roll certified by the Property Appraiser prior to the date of adoption of the Tax Increment
Resolution.
"Board" means the Board of County Commissioners of the County.
"County" means Collier County, Florida.
"County Manager" means the chief administrative officer of the County or such
person's designee.
"Economic Development Plan" means the economic development program referred to
in Section 8 of this Ordinance established by resolution of the Board for each Zone.
"Economic Development Trust Fund" or "Trust Fund" means that Trust Fund
created by resolution in Section 6 of this Ordinance for each Zone for the deposit, maintenance
and accounting of the Tax Increment revenues annually generated within each Zone.
"Initial Tax Increment Year" means the tax year commencing October 1, 2010 or such
subsequent tax year as established in the Tax Increment Resolution for the initial determination
of a Tax Increment for the annual funding by the County of an Economic Development Trust
Fund for a Zone.
"Innovation Zone" or "Zone" means a geographic area created by resolution pursuant
to Section 4 of this Ordinance used to determine a Tax Increment to be paid into an Economic
Development Trust Fund to fund the Economic Development Plan approved for each Zone.
"Property Appraiser" means the Property Appraiser of the County.
"Tax Increment" means the annual determination for each Zone of the tax increment
revenues calculated for each Zone pursuant to the formula adopted in Section 4 of this
Ordinance.
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"Tax Increment Resolution" means the resolution adopted by the Board pursuant to
Section 9 of this Ordinance.
"Voted Millage" means ad valorem taxes levied in excess of maximum millage amounts
authorized by law approved for periods not longer than two years by vote of the electors pursuant
to Article VII, section 9(b), Florida Constitution, or ad valorem taxes approved by the electors
and levied as provided in Article VII, section 12, Florida Constitution, whether required and
authorized by law, ordinance or the Florida Constitution.
SECTION FOUR. CREATION OF INNOVATION ZONES AND THE
CALCULATION OF ANNUAL TAX INCREMENT AMOUNT.
(A) The Board shall create Innovation Zones by adopting a resolution defining the
geographic area comprising the Zone.
(B) The Tax Increment amount for each Zone shall be determined annually by the
application of the following formula within the geographic area defined for each Zone and shall
be that amount equal to the percentage rate set in the Tax Increment Resolution applied to the
difference between: (1) the amount of Aggregate Ad Valorem Taxes received each year by the
County from ad valorem taxes levied on taxable real property contained within the geographic
boundaries of a Zone; and (2) the amount of Aggregate Ad Valorem Taxes which would have
been produced by a levy of the Aggregate Ad Valorem Millage Rate each year by the County
upon the taxable real property within the geographic boundaries of a Zone as shown on the Base
Year Assessment Roll.
(C) The amount to be funded by the County for each Zone shall not be less than the
percentage applied to the difference between subparagraphs (B)(1) and (B)(2) of this Section as
set in the Tax Increment Resolution or the resolution creating an Economic Development Plan
adopted for each Innovation Zone.
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(D) The County Manager shall certify to the Property Appraiser by May 1 of the year
prior to the Initial Tax Increment Year, the boundaries of the designated geographic areas of each
Zone, the reference to the Base Year Assessment Roll to be applied, and the specific proportion
of the cumulative increase in taxable value to be applied in determining the Tax Increment. Any
change in geographic boundaries, the Base Year Assessment Roll or percentage of the specific
proportion of the cumulative increase in taxable value shall be certified to the Property Appraiser
prior to May 1 of the year in which the change is to occur.
SECTION FIVE. ANNUAL FUNDING OF ECONOMIC DEVELOPMENT TRUST
FUND.
Prior to January 1 of each County Fiscal Year and subsequent to any certification of the
County Manager to the Property Appraiser required pursuant to Section 4(D), the Board shall
appropriate and transfer to the Economic Development Trust Fund created for each Zone the Tax
Increment for such defined geographic area, in an amount not less than that calculated pursuant
to the formula provided in Section 4 of this Ordinance.
SECTION SIX. CREATION OF ECONOMIC DEVELOPMENT TRUST FUND
FOR EACH ZONE.
There is hereby created an Economic Development Trust Fund for each Zone hereafter
created by the Board in accordance with this Ordinance. The Tax Increment determined
annually for each Zone shall be deposited in the Trust Fund prior to January 1 of each year as
provided in Section 5 of this Ordinance and maintained for such Zone until paid or pledged for
the implementation of the Economic Development Plan created for the Zone. By resolution of
the Board, available funds maintained in one Economic Development Trust Fund can be paid or
applied for a joint project or program with available funds maintained in a separate Economic
Development Trust Fund or a percentage of future Tax Increment revenues can be pledged and
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applied for two or more Economic Development Trust Funds to jointly fund a program or project
affecting multiple Zones.
SECTION SEVEN. PLEDGE OR APPROPRIATION OF TRUST FUNDS.
By subsequent resolution or agreement, the Board shall have the authority to provide for
the use of funds maintained in an Economic Development Trust Fund for any purpose that
accords with the requirements of Florida law, including without limitation issuing revenue bonds
secured by a pledge of available funds maintained in an Economic Development Trust Fund, or
authorizing lease purchase obligations subject to annual appropriation from such available funds.
In the event the Board decides to pledge such funds as security for revenue bonds, then such
bonds can be secured from available funds maintained in the separate Economic Development
Trust Fund created for each Zone or from available funds jointly available in multiple Economic
Development Trust Funds for multiple Zones as determined in such subsequent resolution or
agreement.
SECTION EIGHT. PREPARATION OF ECONOMIC DEVELOPMENT PLAN.
The Board shall adopt, and revise as necessary, by resolution, an Economic Development
Plan for each Zone created by Ordinance, to provide for:
(A) The appropriation or pledge of trust funds deposited or maintained in the
Economic Development Trust Fund created for those Zones.
(B) An economic development program identifying the public benefit to be derived,
infrastructure necessary and required to implement and support such program, any incentives,
regulatory or procedural changes, donations or contributions as may be deemed necessary to
further economic development and /or redevelopment within the respective Innovation Zone and
a fiscal and /or economic analysis as and to the extent deemed appropriate by the Board.
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12A 'W
(C) A partnership agreement, from one or more private entities, detailing a
commitment to provide support in the form of financial funding, infrastructure improvements,
land donations or other contributions, which in the discretion of the Board, promotes the viability
and success of the Innovation Zone.
SECTION NINE. INITIAL DETERMINATION OF A TAX INCREMENT.
The Board shall adopt for each Zone a Tax Increment Resolution: (1) designating the
Base Year Assessment Roll; (2) setting the percentage to be applied to the formula set forth in
Section 4(B) of this Ordinance for the calculation of the Tax Increment; (3) specifying the
number of County fiscal years to be utilized in determining the annual Tax Increment; and (4)
setting the Initial Tax Increment Year. At the discretion of the Board, the resolution adopting
and revising the Economic Development Plan and the initial Tax Increment Resolution can be
combined into a single resolution serving both functions.
SECTION TEN. IMPLEMENTATION.
The Board may establish, from time to time, rules and regulations to implement and
govern the administrative procedures that will be necessary for staff to implement this
Ordinance, including minimum application requirements. These rules and regulations will be
published and made readily available to the public.
SECTION ELEVEN: 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.
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SECTION TWELVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and 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 THIRTEEN: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this t kJjWay of 0. , 2010.
ATTEST .;
DWICrIT E. BROCK, CLERK
By:
d' pu ty Clerk
p� proved as to form
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LJ.
By:
FRED W. COYLE, CHAIRIVTAN
8
izA 4
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 2010 -20
Which was adopted by the Board of County Commissioners
on the 11th day of May, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of May, 2010.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Board of
County Commissioners
By: Martha "Vergara, '
Deputy Clerk
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