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Ordinance 2003-61/~ %[%']~-... ~\ ORDINANCE NO. 2003- 6~_ iI-~I! ?: ~'' DINANCE OF THE BOARD OF CO COMMISSIONE F ~e_~ '- ~IER COUNTY, FLORIDA, ESTABLISHING A FEE PAYII~E-~T-- ~zz~SIS__~'Z'~zZ. 6~. SISTANCE PROGRAM (PROGRAM) AVAILABLE TO ELIGIBLE ~---°~SINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATES; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING FOR A MAXIMUM PAYMENT AMOUNT AND MAXIMUM PARTICIPANT OBLIGATION PERIOD; PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING FOR PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles and downturns in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry recruitment or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, Impact Fees present the greatest inhibition to economic diversification efforts due to the fact that they are the highest fees charged to new development; and WHEREAS, programs to offer relief for eligible new development or redevelopment projects from rising Impact Fee rates will contribute significantly to economic diversification efforts throughout the County by encouraging private sector investment thereby enabling local businesses to be more globally competitive, increasing local business expansion opportunities, and thus offering increased employment opportunities for Collier County residents; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following ordinance will be in the public interest and serve a valid public purpose; and Page 1 of 7 WHEREAS, the payment and collection of impact fees in Collier County are respectively covered by Section 74-202(g) and Section 74-501 of the Code of Laws and Ordinances of Collier County; and WHEREAS, on March 12, 2003, the Board directed staff to move forward with proposals for a "toolbox" of economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: ARTICLE II FEE PAYMENT ASSISTANCE PROGRAM Section 49-20. Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section l(f) of the Florida Constitution as may be implemented by an intergovernmental or interlocal agreement. Section 49-21. Purpose. The purposes of this article are to: (1) provide a performance-based program offering financial relief for eligible targeted industry development or expansion proiects in Collier County to mitigate the effects of rising Impact Fee rates; (2) provide for the economic well being of Collier County residents by providin.q hi.qh-wa.qe emDIovment opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's economy; and (4) encourage investment opportunities for new or existing companies thus increasing and diversifying the County's tax base. Section 49-22. Specific Definitions. When used in this article, the following terms have the meaning stated, unless the context cleady indicates otherwise. A. "Averaae Wage" is the annual rate paid to private-sector employees within Collier County, from highest to lowest divided by number of persons employed full-time, as reported by private-sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on figures released by the Florida Agency for Workforce Innovation. B. "Eastern Collier County" is that area of unincorporated Collier County that Page 2 of 7 includes those parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community. C. "Hiqh Impact" is that designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. D. "Impact Fee" means the fee imposed by the County pursuant to Section 74- 201 or, if applicable, the Alternative Impact Fee. E. "Rural Federal Enterprise Community" is that iurisdiction so designated by the U.S. Department of Agriculture as a multi-jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation by the State of Florida, pursuant to Section 290.001-290.016, Florida Statutes, F. "Targeted Industry" is one that is aggressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development Council of Collier County. It may include, but is not limited to, the following industries: Aviation, Information Technology, Biomedical, Manufacturing, Corporate Headquarters, Research and Development, Wholesale Trade and Distribution, and businesses locating or expanding within the Immokalee Rural Federal Enterprise Community. Section 49-23. Fee Payment Assistance Program. General Requirements. Pursuant to the provisions set forth in this section, the County establishes a Fee Payment Assistance Program for the payment of Impact Fees for eligible development proiects, The Fee Payment Assistance Program will be eligible to projects located within commercial, industrial, business park, and technology park land uses. A. Application Process. Any business seeking eligibility for payment through the Fee Payment Assistance Program must file with the County Manager an Application for payment prior to making the decision to locate or expand within Collier County. The Application must contain the following: 1. The name and address of the business Owner; and 2. A current and complete legal description of the site upon which the project is proposed to be located; and 3. The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and 4. The number of iobs to be created and retained as a result of the project; and 5. The average wage of those jobs created and retained; and, Page 3 of 7 6. The total capital investment of the expansion or relocation project, includinq land, building, and equipment costs; and 7. The date (month and year) when the project will be substantially complete. B. Agreement. If the proposed project meets the requirements for payment under the Fee Payment Assistance Program as set forth in this article, th~, County Manaqer is authorized to enter into an agreement with the business Owner as set forth below. The Fee Payment Assistance Proqram will pay no more than the amount of Impact Fees due pursuant to Section 74-202 of the Collier County Laws and Ordinances. 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 Proqram obligation period will be no longer than ten (10) years if the project is located outside the Rural Federal Enterprise Community (hereinafter "Enterprise Community"), or no longer than fifteen (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 (10) years. Companies will be eligible for a maximum payment amount, not to exceed the cost of the above-described fees multiplied by the current millage rate then multiplied by either 10 (proiects located in areas outside the Enterprise Community) or 15 (projects located within an Enterprise Community). Any payment made under this pro.qram 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 that may be offered by the County. B. The eligible business under the Fee Payment Assistance ProRram will enter into a Fee Payment Assistance Program ARreement (the Agreement) with the County, and the Agreement must provide for, as a minimum, the followin~ and will include such provisions as may be deemed necessary by the Board to effectuate the provisions of this article: 1. The legal description of the development. 2. That the amount of the Impact Fees paid by the Program will in all events become due and payable and shall be immediately re-paid to the County by the property owner if the property is sold or transferred without prior written approval from the County at any time after the first certificate of occupancy has been issued for the development and prior to the 10 year obliQation period, or prior to the 15-year obli.qation period 'for a project within an Enterprise Community, and the Impact Fees must be paid in full Page 4 of 7 to the County. Any outstanding (i.e., as yet not repaid) Impact Fee amounts previously paid under this Program will become due and payable and must then be immediately repaid to the County in the event of sale or transfer prior to expiration of the Program obligation period. If not so re- paid, the obligation will be a lien on the property under the followin.q subsection. 3. The payment of Impact Fees via the Fee Payment Assistance- Program will constitute a lien on the eligible business's property which lien may be foreclosed upon in the event of non-compliance with the requirements of the Agreement. The amount specified in an a~3proved Agreement will serve as the amount of a lien against the development and the real property upon which the development is located. Neither the payment of Impact Feest nor the Agreement providing for the payment of Impact Fees, may be transferred, assigned, credited or otherwise- conveyed from the property without prior written approval from the County. 4. The County's interest may be subordinated to all first mortgages or other co-equal security interests, and will automatically be subordinate to the Owner's previously recorded first mortgage and/or any government funded affordable business loan such as the U.S. Small Business Administration (SBA) or the U.S. Department of Agriculture (USDA) loan. 5. Upon satisfactory completion of all requirements of the Agreement, the County may record any necessary documentation evidencing same, including, but not limited to, a release of lien. The lien will not terminate except upon the recording of a release or satisfaction of lien in the publir. records of Collier County. Such release will be recorded upon payment in full or satisfaction. 6. In the event the non-County party is in default under th~. Agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may bring a civil action to enforce the agreement or declare that Program's payment of the Impact Fees not yet recouped and previously paid under this Program are thence- immediately due and payable. The Board is entitled to recover all fee-~ and costs, including attorney's fees and costs, incurred by the County in enforcing the Agreement, plus interest ,at the then maximum statutory rat~, for final judgments, calculated on a calendar day basis until paid 7. Approved Agreements will be recorded in the Official Records of Collier County at no cost to the County. C. Termination The provisions of this article will expire and be void on October 1, 2008, unless continued by a vote of the Board of County Commission prior to this date. Page 5 of 7 Section 49-25. Program Elic~ibility Criteria. To be considered eligible for approval under this Program, a business or project must meet the criteria of one of the following categories: 1. Be located within Eastern Collier County and meet the following criteria: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier Count¥~ and b. Creates a minimum of ten (10) new full-time iobs; and c. The newly created iobs pay an average wage of at least 115% of the County's current private-sector average wage. 2. Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the followin~l criteria: a. Create a minimum of five new jobs; and b. The newly created iobs pay an average wage equal to or greater than 50% of the County's current private-sector averaqe wage. 3. Be a High Impact proiect and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier County; and b. Creates a minimum of twenty (20) new full-time jobs; and c. The newly created jobs pay an average wage equal to or greater than 150% of the County's current private-sector average wage. d. Each application for program participation must have approval by the Board of County Commissioners. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier County, Flodda. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Page 6 of 7 SECTION FOUR: EFFECTIVE DATE, This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may occur: 1. the date of filing of this Ordinance with the Secretary of State; 2. the date of adoption of a Resolution by the Collier County Community Redevelopment Agency (CRA): a) recommending the allocation of fifty percent (50%) of the Tax Increment Financing (TIF) funds associated with the qualifying eligible business to partially fund the Fee Payment Assistance Program; and b) recommending the Board's amendment of the redevelopment plan to authorize use of TIF funds as a funding source for certain Board of County Commissioners' approved programs; and 3. the effective date of ordinances by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eligible business located in the Immokalee Enterprise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include the Immokalee Enterprise Zone in its entirety. Collier County, Florida this l~ day of PASSED AND DULY ADOPTED by the Board of County Commissioners of ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and ~--leg~l sufl[i~ency: Pat'fick"~.. White- Assistant County Attorney BOARD OF COUN~COMMtSSIO~',, OF COLLIERCOUN~, ~ EORIDA~ .... .. .. Tom Henni~g reto~ of StQte~s Office the Qnd ~cknowledgemen~f fili~. ~[~ t~ 1~T day Page 7 of 7 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. 2003-61 Which was adopted by the Board of County Commissioners on the 18th day of November, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day Of November, 2003. DWIGHT E. ~ BRocK..~"~> .... Clerk o f · 'Cour~ ~7-~d~'~-}~ e rk Ex-officio ~,o Board County' Com~issd. oners Deputy C t. ~'~. ~k~ ~'