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Resolution 2004-179 RESOLUTION NO. 2004 - 17q 17F A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FINDING A BLIGHTED AREA TO EXIST AND EXPANDING THE BOUNDARIES OF THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA. WHEREAS, on March 14, 2000, the Board of County Commissioners of Collier County, Florida (Board) adopted Resolution No. 2000-82, finding a specified area of Immokalee to be blighted and creating the Immokalee Community Redevelopment Area; and WHEREAS, on March 26, 2004, the Immokalee Local Redevelopment Advisory Board met and recommended expansion of the boundaries of the Immokalee Community Redevelopment Area (Area), as set forth in Exhibit A (Expanded Area); and WHEREAS, on April 13, 2004, the Board received and considered a report and presentation by County staff identifying current economic conditions and considered the applicability of various economic incentives within this Expanded Area; and WHEREAS, after having considered the determinations and the facts and evidence of conditions in the Expanded Area and having received and considered such other evidence of the conditions in the Expanded Area presented to it, the Board now desires to proceed in accordance with the authorization and powers granted by Part III, Chapter 163, Florida Statutes, to establish the necessary means by which redevelopment can be accomplished in the Expanded Area and that certain actions are appropriate and necessary and should be taken to address the conditions now present and expected to be present in the Expanded Area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: Section 1. Findings. The Board of County Commissioners, consistent with ~ 163.355, Fla. Stat. (2003), does hereby find: (a) Based upon the facts and evidence presented to and considered by the Board that the following conditions exist in the Expanded Area proposed to be added to the existing Immokalee Community Redevelopment Area: 1. Past conditions continue to be present in the Expanded Area that are Page 1 of 3 IlF jili;fj detrimental to the sound growth of the County and which substantially impair or arrest the growth within the Expanded Area, and present conditions and uses in the Expanded Area are detrimental to the public health, safety, morals and public welfare; and 2. There is a faulty and inadequate lot layout in relation to size, adequacy, accessibility, or usefulness in the Expanded Area; and 3. The aggregate assessed values of real property in the Expanded Area for ad valorem tax purposes have failed to show any appreciable increase over the past five years; and 4. There are inadequate and outdated building density patterns in the Expanded Area; and 5. There are unsanitary and unsafe conditions in the Expanded Area; and 6. There has been a deterioration of site and other improvements in the Expanded Area. (b) The notices required by Section 163.346 and Section 163.361 (3), Florida Statutes (2003), have been timely published or mailed in accordance with said statutes. (c) Action must be ta+ken immediately to prevent further blight and deterioration and to protect and enhance public expenditures previously made in the Expanded Area. 4 Section 2. Findina of Necessitv. The Board of County Commissioners, based upon the evidence presented to it and in the public record with respect to the conditions found in Section 1 (a), above, finds that a "blighted area" as defined in Section 163.340 (8), Florida Statutes, exists within the boundaries of Collier County in the area identified, described, and depicted on Exhibit A, attached hereto and made a part of this Resolution (the Expanded Area), and further finds that the rehabilitation, conservation, or redevelopment, or a combination thereof, of such Expanded Area described is necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County, Florida. Section 3. Community Redevelopment Area. Based upon the facts presented and contained in the public record, the Board of County Commissioners finds the Expanded Area constitutes a "community redevelopment area" as defined in Section 163.340 (10), Florida Statutes (2003), and hereby adds the Expanded Area to the Immokalee Community Redevelopment Area. Section 4. Conflicts. All resolutions and parts of resolutions in conflict with any Page 2 of 3 ~..\ ;j of the provisions of this resolution are hereby repealed, provided, however, nothing herein is intended nor should be applied to affect, repeal, alter, amend or supersede any previous resolutions adopted by the Board of County Commissioners finding any other area or areas within Collier County to be a "blighted area" for purposes of the Community Redevelopment Act, specifically including Resolution 2003-82. 17F '" Section 5. Severability. If any section or portion of a section of this Resolution, including any part of Exhibit A, proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this resolution. Should any area constituting part of the Expanded Area be severed from the Expanded Area by a court of competent jurisdiction, the remainder shall constitute part of the Immokalee Community Redevelopment Area for purposes of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption. This Resolution adopted after motion, second and majority vote this _ day of ,2004. A TTESTt.\:~o '~.. BOARD OF COUNTY COMMISSIONERS D~...,~.TE.':'R':CK~ OF COLLIER OUNlY, FLORID~ By:i*"'.~ d~ Att~st~ij .'t<ochR~f By: DONN F~IALA Ch . Siqil"~At~l,J.. ' airman ~o~;'i( to form a d legal sufficiency: Patrick . hite Assistant County Attorney Item # ~ t"";JS;.U J ~._~y b;~ _._~~ / LL '''C;' ..1."" ''''''''-- Page 3 of 3 EXHIBIT A (Sheet 1 of2) 17F;f:' Existing & Proposed Community Redevelopment Area (/) ~-i ! ~..." I~- "I~" R 28 E R 29 E " " (/) ~ .... " ' " " I CRI... " I I -t. II ~ , - camer County ~ - t"J Ccnu.riy __.... a ~Com""'nityR__I""'. ~" ...... to t. Addttd to ConYnUlltp Flede...1crpfMnt A,... Exhibit A 0... ..=0...._ C):F .... 1Io.......~....C~_ __ I1F ....;... ,i.~." !1."'.~. 0., _ EXHIBIT A (Sheet 2 of2) Description of the Expanded Areas of the lmmokalee Community Redevelopment Area (Area) In addition to the area described in Exhibit A of Resolution 2000-82, the Immokalee Community Redevelopment Area shall be expanded to include the following areas: Township 46 South, Range 28 East, Sections 26, 27, 34 and that portion of Section 35 not already included in the Area; Township 47 South, Range 28 East, the northern halves of Sections 2 and 3; Township 47 South, Range 29 East, Sections 7 and 8; Township 46 South, Range 30 East, Sections 30 and 31; and Township 46 South, Range 29 East, those portions of Sections 25 and 36 not already included in the Area.