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Ordinance 2006-36 ORDINANCE NO. 2006- 36 INANCE OF COLLIER COUNTY, FLORIDA, AMENDING ER 49 OF THE COLLIER COUNTY CODE OF LA WS AND NANCES, AS AMENDED, REGARDING ECONOMIC VELOPMENT INCENTIVES; ADDING A NEW DEFINITION FOR "JOBS" INTO SECTIONS 49-22, 49-32, 49-42 AND 49-52 TO REQUIRE THAT EACH QUALIFYING POSITION OF EMPLOYMENT ("JOB") IS LIMITED TO INDIVIDUALS WHO ARE PERMANENT LEGAL RESIDENTS OF THE UNITED STATES PROVIDING FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 49 of the Collier County Code or Laws and Ordinances provides for Economic Development Incentives granted at the discretion of the Board of County Commissioners of Collier County; and WHEREAS, ARTICLE IT therein applies to Collier County's Fee Payment Assistance Program; and WHEREAS, ARTICLE lIT therein applies to Collier County's Job Creation Investment Program; and WHEREAS, ARTICLE IV therein applies to Collier County's Property Tax Stimulus Program; and WHEREAS, ARTICLE V therein applies to Collier County's Advanced Broadband Infrastructure Investment Program; and WHEREAS, each of these programs involve creation of new jobs (positions of employment for individuals) who, with regard to each such position of employment, are geographically based primarily at a situs in Collier County; and WHEREAS, the Board of County Commissioners desires to clarify that with regard to each respective program, each qualifying position of employment ("job") is limited to individuals who are permanent legal residents of the United States. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The following definition for "jobs" is hereby added into the following four Sections of Chapter 49 of the Collier County Code of Laws and Ordinances, as amended: Section 49-22 (which is Section One of Collier County Ordinance No. 03-06); Section 49-32 (which is Section One of Collier County Ordinance No. 03-60); Section 49-42 (which is Section One of Collier County Ordinance No. 03-62); and Section 49-52 (which is Section One of Collier County Ordinance No. 03-59): "Jobs" are limited to individual permanent legal residents of the United States who are employed in each new created position of employment at a primary location in Collier County, and as applicable maintained, as a result of the program. SECTION TWO: 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: 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 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 portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon receipts of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOYfED by the Board of County Commissioners of Collier . County, Florida, this ;,(.5'14.. day of \,Jl \ It ,2006. ATTEST: DWIGHT E BROC~, Clerk @J~uo.~~k By Deputy ~ as to Cb4 ""11M , dgnatur. on 111 Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~>~4?./ FRANK HALAS, Chairman By:~bVy\ ~~ This ordiM,",C9 fi'rd with t~c ~mas C. Palmer, ~..r..;fretClry of S"o1~'S Of~~~"'c . 3i~\-doy of L~-, -~- ASSIstant County Attorney ~~rd acknowledqemelJ1 ~thGt . J t~' - I cloy 2 fi;ng rCCeIYl"U .1IS-- Words underlioed are additioos. words s....k ,"'o-&Ii are deletions. Of~,* ~~t.W '~lePtrty Clei1< 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 copy of: ORDINANCE NO. 2006-36 Which was adopted by the Board of County Commissioners on the 25th day of July 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of July 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County COl~s~oners . ...~l~ Teresa Dillard, Deputy Clerk