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Ordinance 2004-24iA ORDINANCE NO. 2004 - 24 ORDINANCE OF THE BOARD OF I/IlSSlONERS OF COLLIER COUNTY, FLORIDA,.. MENDING ORDINANCE NO. 2003-61 AND NO. 2003-62 TQ~:~ CLARIFY THE EFFECTIVE DATE PROVISIONS OF THOS~i' ORDINANCES; AND AMENDING CHAPTER 49 OF THE CODE~'~' OF LAWS AND ORDINANCES, AS CREATED BY ORDINANCE NOS. 2003-61 & 2003-62, BY AMENDING SECTIONS 49-25 AND 49-45, RESPECTIVELY, PERTAINING TO PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 18, 2003, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 2003-61, establishing a Fee Payment Assistance Program to mitigate the economic effects of increased impact fee rates; and Ordinance No. 2003-62, establishing a Property Tax Stimulus Program available to eligible businesses to mitigate the economic effects of increased relocation and expansion costs, which provided for certain economic incentives; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, the Program Eligibility Criteria in Code of Laws Section 49-25, created by Ordinance No. 2003-61, pertaining to a Fee Payment Assistance Program, and Section 49-45 created by Ordinance No. 2003-62, pertaining to a Property Tax Stimulus Program, respectively are now intended to include one more criterion; and WHEREAS, enactment of the following amending ordinance will be in the public interest and serve a valid public purpose by adding a necessary criterion for eligibility to the aforementioned programs and clarifying the precise events required for the above- referenced economic incentive ordinances to become effective. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. The "Effective Date" provide)ns of Ordinance Nos. 2003-61 & 2003- 62, in Section Three of both Ordinances, are amended as follows: Page 1 of 3 Words struck through are deleted, words underlined are added 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: 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 a portion of the Immokalee Enterprise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include a portion of the Immokalee Enterprise Zone, as that portion of the Immokalee E'nterpise Zone is depicted in the attached Exhibit A. SECTION TWO. Article II, Section 49-25 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 49-25. Program Eligibility Criteria· 3. Be located within the boundary of the Immokalee Community Redevelopment Area and meet the following criteria: a. Create a minimum of five new job; and b. The newly created jobs pay an average wa.qe equal to or greater than 50% of the County's current private-sector average wage. 4. Be a High Impact project and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: SECTION THREE· Article II, Section 49-45 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 49-45. Program Eligibility Criteria. Be located within the boundary of the Immokalee Community Redevelopment Area and meet the following criteria: a. Create a minimum of five new job; and b. The newly created jobs pay an average wa.qe equal to or greater than 50% of the County's current private-sector average wage. Page 2 of 3 Words~.,6' .... .v,.~- *~-,, ,, ..... v.u,h are deleted, words underlined are added Be a High Impact project and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: SECTION FOUR. 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 FIVE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall 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 SlX. EFFECTIVE DATE. This Ordinance will become effective upon filing with the Department of State; PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 154k day of ,2004. I I,C::.O.,%, ' ~,'l,,~ ,, D~ .~'~"FETDi~_~, Clerk Approved as to form and 15at'rick G. Nhite Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DONNA FIALA, Chairman This ordinance filed with the Secretary of State's Office the ~.._~_ day of ~prtt-, end acknowledgement of that fllincj received this ~.1 _ of t~r~L , ~0~'4- · ' ,By~~_~ Page 3 of 3 Words struck through are deleted, words underlined are added 000~' T47S T46 S m m / / 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 2004-24 Which was adopted by the Board of County Commissioners on the 13rd day of April 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 2004. DWIGHT E. BRO~ .~;-~ .~ ~'~ Clerk of COU~ Ex-officio county By: Linde A. Houtzer Deputy Clerk