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Resolution 2009-290 RESOLUTION 2009--2.9..0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DESIGNATING COLLIER COUNTY, FLORIDA AS A RECOVERY ZONE FOR PURPOSES OF SECTIONS 1400U-l, 1400U-2 AND 1400U-3 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING FINDINGS; PROVIDING FOR ELIGIBLE ACTIVITIES/PROJECTS FOR RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS; PROVIDING FOR ELIGIBLE ACTIVITIES/PROJECTS FOR RECOVERY ZONE FACILITY BONDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A SUNSET DATE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. FINDINGS. (A) Section 1401 of Title I of Division B of the American Recovery and Reinvestment Act of 2009 ("ARRA") added Sections 1400-1 through 1400U-3 to the Internal Revenue Code (the "Code"), authorizing state and local governments to issue recovery zone economic development bonds ("Recovery Zone Economic Development Bonds") and recovery zone facility bonds ("Recovery Zone Facility Bonds" and together with the Recovery Zone Economic Development Bonds, the "Recovery Zone Bonds") through December 31, 2010 which provide tax incentives to state and local governments by lowering borrowing costs as a means to promote job creation and economic recovery to targeted areas particularly affected by employment declines. (B) The United States Treasury Department established a national bond volume limitation ("Volume Cap") of$1O billion for Recovery Zone Economic Development Bonds and $15 billion for Recovery Zone Facility Bonds which is allocated among the states in the proportion that each state's 2008 state employment decline bears to the aggregate of the 2008 state employment declines for all of the states ("Recovery Zone Bond Allocation"). (C) Recovery Zone Economic Development Bonds are taxable tax-credit governmental bonds that may be used to finance certain "qualified economic development purposes," defined as expenditures promoting development or other economic activity within an area designated by the County as a recovery zone (the "Recovery Zone"), including (1) capital expenditures paid or incurred with respect to property located in the Recovery Zone, (2) expenditures for public infrastructure and construction of public facilities, (3) expenditures for job training and educational programs, and (4) any other "qualified economic development purposes" as allowed under Internal Revenue Service Notice 2009-50 (Recovery Zone Bond Volume Cap Allocations) and under any further guidance that may be released by the Internal Revenue Service regarding Recovery Zone Economic Development Bonds. Recovery Zone Facility Bonds are private activity bonds that may be used to finance certain property located within a designated Recovery Zone. (D) Each state that has received a Recovery Zone Bond Allocation is required, without discretion, to reallocate such allocation among the counties and large municipalities (min. 100,000 population) in such state in the proportion that each county's or municipality's 2008 employment decline bears to the aggregate of the 2008 employment declines for all the counties and municipalities in such state. (E) The County has been allocated $14,184,000 in Recovery Zone Economic Development Bonds and $21,276,000 in Recovery Zone Facility Bonds, which must be issued on or before December 31,2010. (F) Section 1400U-l(b) of the Code requires each governmental issuer of Recovery Zone Bonds to designate an eligible Recovery Zone or Zones within its geographical jurisdiction using the following criteria: (1) significant poverty, unemployment, rate of home foreclosures, or general distress; (2) any area distressed by reason of the closure or realignment of a military installation pursuant to the Defense Base Closure and Realignment Act of 1990; and (3) any area for which a designation as an empowerment zone or renewal community is in effect as of the effective date of ARRA. (G) The unemployment rate in the County has risen from 8.4% in September 2008 to 13.1 % in September 2009, currently exceeding the national average. (H) Home foreclosures in the County have increased 9% during the last 12 months and related Lis Pendens are currently being filed at an average rate of approximately 713 per month for the first nine months of 2009. (I) Median single family home sales prices have dropped from approximately $300,000 in July 2008 to approximately $187,000 in July 2009. (1) Taxable sales have decreased approximately 6% for the period between June 2008 and June 2009. (K) The high unemployment rate, home foreclosures, reduced home values and decrease in retail activity in the County has impacted citizens and businesses countywide and has resulted in the general distress throughout the County. Accordingly, it is in the best interests of the County that the entire geographic area of the County be designated a "Recovery Zone" for purposes of issuing Recovery Zone Bonds to promote job creation and economic recovery. SECTION 2. DESIGNATION OF RECOVERY ZONE. Pursuant to Section 1400U-l of the Code, the entire geographic area of the County is hereby designated as a "Recovery Zone" for the purpose of issuing Recovery Zone Bonds. SECTION 3. ISSUANCE OF RECOVERY ZONE BONDS. Issuance of Recovery Zone Bonds will be at the discretion of the Board of County Commissioners of Collier County, Florida (the "Board") based on project qualifications as provided herein. SECTION 4. RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS - ELIGIBLE ACTIVITIES/PROJECTS. Eligible activities/projects that qualify for issuance of Recovery Zone Economic Development Bonds shall include activities/projects within the Recovery Zone that promote economic development, as measured by such criteria as the Board deems appropriate and may include: (A) Capital expenditures paid or incurred with respect to property located in the Recovery Zone, including working capital expenditures to promote development or other economic activity; (B) Expenditures for public infrastructure and construction of public facilities; and (C) Expenditures for job training and educational programs. SECTION 5. RECOVERY ZONE FACILITY BONDS ELIGIBLE ACTIVITIES/PROJECTS. Eligible activities/projects that qualify for issuance of Recovery Zone Facility Bonds include any and all private activity bonds issued on behalf of qualified borrowers for projects located within the Recovery Zone, including qualifying capital improvements and infrastructure projects; provided, however, qualifying projects do not include any private or commercial golf course, country club, massage parlor, hot tub facility, suntan facility, racetrack or other facility used for gambling, or any store the principal business of which is the sale of alcoholic beverages for consumption off premises. SECTION 6. PROJECT PROCESS. (A) With respect to the Recovery Zone Economic Development Bonds, the Board shall make the final determination in its discretion as to which eligible projects shall be funded. (B) With respect to Recovery Zone Facility Bonds, the Board shall consider all recommendations pursuant to established procedures for conduit financing which shall be provided to it by the Collier County Industrial Development Authority. The eligible activities/projects that qualify for issuance of the Recovery Zone Facility Bonds shall include activities/projects that promote economic development within the Recovery Zone as measured by such criteria as the Board deems appropriate. (C) The County may enter into an agreement to reallocate a portion of its Recovery Zone Bond Allocation to an eligible issuer for issuance of its own bonds or enter into an agreement with a qualified ultimate beneficiary for use of proceeds from bonds. Recovery Zone Bonds may be issued by the Collier County Industrial Development Authority with the consent of the Board. SECTION 7. COMPLIANCE. Notwithstanding any provisions to the contrary which may be contained within this Recovery Zone Designation Resolution, activities/projects financed through the issuance of Recovery Zone Bonds shall comply with all applieable existing Federal, State, and local laws, rules, and regulations. SECTION 8. SEVERABILITY CLAUSE. If any provision of this resolution or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this ordinanee which can be given effect without the invalid provision or applications, To this end, the provisions of this resolution are declared severable. SECTION 9. SUNSET DATE. This ordinance shall automatically sunset at 11 :59 p.m. Eastern Standard Time on December 31, 2010, unless otherwise reaffirmed or otherwise amended by the Board prior to that date. SECTION 10. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption. DUL Y ADOPTED, in Regular Session this 1 st day of December 2009. ATTEST: DWIGHT E~ BROC~, CLERK " BOARD OF COUNTY COMMISSIONERS COLLIER CQVNTY, FLORIDA 'I' / ' ( . ! / i / f' 1/ ! .j'" ,J'"''''''''-~",,(,, I -; 1, t'.(,. By: DONNA FIALA, Chairman Approved as to form and legal suffi iency: / ~ (-,{ic) H idi Ashton-Cicko Assistant County Attorney 1fJ, (t\ C \-' '