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Backup Documents 05/11/2010 Item #12A2-A- COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ❑ Other: ® Normal legal Advertisement (Display Adv., location, etc.) Originating Dept/ Div: CDES/ Impact Fee Administration Person: Amy Patterson, Impact Fee Manager Date: 4/22/10 Petition No. (If none, give brief description): Ordinance providing for the creation of Innovation Zones Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. May 11, 2010 BCC Meeting. To be advertised no later than FRIDAY, APRIL 30, 2010) Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF COLLIER COUNTY PROVIDING FOR THE CREATION OF INNOVATION ZONES BY THE BOARD BY SUBSEQUENT RESOLUTION; PROVIDING FOR THE CALCULATION OF AN ANNUAL TAX INCREMENT AMOUNT WITHIN THE GEOGRAPHIC BOUNDARIES OF EACH INNOVATION ZONE; CREATING AN ECONOMIC DEVELOPMENT TRUST FUND FOR EACH INNOVATION ZONE FOR THE TRANSFER AND MAINTENANCE OF SUCH TAX INCREMENT AMOUNTS; AUTHORIZING THE PLEDGE AND APPROPRIATION OF ECONOMIC DEVELOPMENT TRUST FUNDS; AUTHORIZING THE PREPARATION OF AN ECONOMIC DEVELOPMENT PLAN FOR EACH INNOVATION ZONE BY SUBSEQUENT RESOLUTION OF THE BOARD; PROVIDING DEFINITIONS; AND PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes ❑ Nof� - A If Yes, what account should be charged for advertising costs: P.O.# 4500113048 Rgvjewed by: I rvision, mmistrator or Designee Date List Attachments: Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK' WEE USE ONLY: C Date Received: Date of Public hearing: �! Date Advertised: 'T /I''-- 3wbiO 12A !- 1 ORDINANCE NO. 2010- AN ORDINANCE OF COLLIER COUNTY PROVIDING FOR THE CREATION OF INNOVATION ZONES BY THE BOARD BY SUBSEQUENT RESOLUTION; PROVIDING FOR THE CALCULATION OF AN ANNUAL TAX INCREMENT AMOUNT WITHIN THE GEOGRAPHIC BOUNDARIES OF EACH INNOVATION ZONE; CREATING AN ECONOMIC DEVELOPMENT TRUST FUND FOR EACH INNOVATION ZONE FOR THE TRANSFER AND MAINTENANCE OF SUCH TAX INCREMENT AMOUNTS; AUTHORIZING THE PLEDGE AND APPROPRIATION OF ECONOMIC DEVELOPMENT TRUST FUNDS; AUTHORIZING THE PREPARATION OF AN ECONOMIC DEVELOPMENT PLAN FOR EACH INNOVATION ZONE BY SUBSEQUENT RESOLUTION OF THE BOARD; PROVIDING DEFINITIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE. PURPOSE. It is the policy of the Board to promote economic growth which results in high wage jobs and helps diversify the economy of Collier County. To further this policy, it is the intent of the Board to create a dedicated source of revenue to fund an economic development program and to advance economic development initiatives in zones of geographic concentration within the unincorporated areas of the County. These zones, to be called Innovation Zones, will be designated by the Board from time to time through the implementation of Economic Development Plans adopted by resolution for each Innovation Zone. SECTION TWO. FINDINGS. It is hereby ascertained, determined and declared that: (A) The use of available Tax Increment revenues within an Innovation Zone as a dedicated economic development tool and funding source enhances the general welfare of the County through the advancement of new employment opportunities, the implementation of redevelopment initiatives, the creation of new economic development opportunities and locations and the expansion of existing employment centers. (B) Each Innovation Zone is intended to encompass a defined geographic area used to determine the Tax Increment paid and applied pursuant to ordinance, resolution or agreement within the meaning of the term "dedicated increment value" defined in section 200.001(8)(h), Florida Statutes. (C) Commencing in the Initial Tax Increment Year for each Innovation Zone, the Tax Increment calculated pursuant to Section 4 of this Ordinance is intended to be a dedicated increment value referenced in the calculation of the "rolled back rate" under the method established in section 200.065(1), Florida Statutes. SECTION THREE.. DEFINITIONS. As used in this Ordinance, the following words and terms have the following meanings, unless the context otherwise requires a different definition: "Aggregate Ad Valorem Millage Rate" means that millage rate obtained from the quotient of the sum of ad valorem taxes levied by the Board for countywide programs and within a municipal service taxing unit plus the ad valorem tax levied for all districts dependent to the Board divided by the total taxable value of the County, excluding Voted Millage. "Aggregate Ad Valorem Taxes" means ad valorem revenue generated by a Ievy of the Aggregate Ad Valorem Millage Rate against the total taxable value of the County considered for any of the discrete Collier County real property assessment rolls referenced in Section 4 of this Ordinance. 2 "Base Year Assessment Roll" means the last Collier County Real Property Assessment Roll certified by the Property Appraiser prior to the date of adoption of the Tax Increment Resolution. "Board" means the Board of County Commissioners of the County. "County" means Collier County, Florida. "County Manager" means the chief administrative officer of the County or such person's designee. "Economic Development PIan" means the economic development program referred to in Section 8 of this Ordinance established by resolution of the Board for each Zone. "Economic Development Trust Fund" or "Trust Fund" means that Trust Fund created by resolution in Section 6 of this Ordinance for each Zone for the deposit, maintenance and accounting of the Tax Increment revenues annually generated within each Zone. "Initial Tax Increment Year" means the tax year commencing October 1, 2010 or such subsequent tax year as established in the Tax Increment Resolution for the initial determination of a Tax Increment for the annual funding by the County of an Economic Development Trust Fund for a Zone. "Innovation Zone" or "Zone" means a geographic area created by resolution pursuant to Section 4 of this Ordinance used to determine a Tax Increment to be paid into an Economic Development Trust Fund to fund the Economic Development Plan approved for each Zone. "Property Appraiser" means the Property Appraiser of the County. "Tax Increment" means the annual determination for each Zone of the tax increment revenues calculated for each Zone pursuant to the formula adopted in Section 4 of this Ordinance. 3 12A "Tax Increment Resolution" means the resolution adopted by the Board pursuant to Section 9 of this Ordinance. "Voted Millage" means ad valorem taxes levied in excess of maximum millage amounts authorized by law approved for periods not longer than two years by vote of the electors pursuant to Article VII, section 9(b), Florida Constitution, or ad valorem taxes approved by the electors and levied as provided in Article VII, section 12, Florida Constitution, whether required and authorized by law, ordinance or the Florida Constitution. SECTION FOUR. CREATION OF INNOVATION ZONES AND THE CALCULATION OF ANNUAL TAX INCREMENT AMOUNT. (A) The Board shall create Innovation Zones by adopting a resolution defining the geographic area comprising the Zone. (B) The Tax Increment amount for each Zone shall be determined annually by the application of the following formula within the geographic area defined for each Zone and shall be that amount equal to the percentage rate set in the Tax Increment Resolution applied to the difference between: (1) the amount of Aggregate Ad Valorem Taxes received each year by the County from ad valorem taxes levied on taxable real property contained within the geographic boundaries of a Zone; and (2) the amount of Aggregate Ad Valorem Taxes which would have been produced by a levy of the Aggregate Ad Valorem Millage Rate each year by the County upon the taxable real property within the geographic boundaries of a Zone as shown on the Base Year Assessment Roll. (C) The amount to be funded by the County for each Zone shall not be less than the percentage applied to the difference between subparagraphs (B)(1) and (B)(2) of this Section as set in the Tax Increment Resolution or the resolution creating an Economic Development Plan adopted for each Innovation Zone. 4 12A (D) The County Manager shall certify to the Property Appraiser by May 1 of the year prior to the Initial Tax Increment Year, the boundaries of the designated geographic areas of each Zone, the reference to the Base Year Assessment Roll to be applied, and the specific proportion of the cumulative increase in taxable value to be applied in determining the Tax Increment. Any change in geographic boundaries, the Base Year Assessment Roll or percentage of the specific proportion of the cumulative increase in taxable value shall be certified to the Property Appraiser prior to May 1 of the year in which the change is to occur. SECTION FIVE. ANNUAL FUNDING OF ECONOMIC DEVELOPMENT TRUST FUND. Prior to January 1 of each County Fiscal Year and subsequent to any certification of the County Manager to the Property Appraiser required pursuant to Section 4(D), the Board shall appropriate and transfer to the Economic Development Trust Fund created for each 'Zone the Tax Increment for such defined geographic are a, in an amount not less than that calculated pursuant to the formula provided in Section 4 of this Ordinance. SECTION SIX. CREATION OF ECONOMIC DEVELOPMENT TRUST FUND FOR EACH ZONE. There is hereby created an Economic Development Trust Fund for each Zone hereafter created by the Board in accordance with this Ordinance. The Tax Increment determined annually for each Zone shall be deposited in the Trust Fund prior to January 1 of each year as provided in Section 5 of this Ordinance and maintained for such Zone until paid or pledged for the implementation of the Economic Development Plan created for the Zone. By resolution of the Board, available funds maintained in one Economic Development Trust Fund can be paid or applied for a joint project or program with available funds maintained in a separate Economic Development Trust Fund or a percentage of future Tax Increment revenues can be pledged and 5 12A- applied for two or more Economic Development Trust Funds to jointly fund a program or project affecting multiple Zones. SECTION SEVEN. PLEDGE OR APPROPRIATION OF TRUST FUNDS. By subsequent resolution or agreement, the Board shall have the authority to provide for the use of funds maintained in an Economic Development Trust Fund for any purpose that accords with the requirements of Florida law, including without limitation issuing revenue bonds secured by a pledge of available funds maintained in an Economic Development Trust Fund, authorizing lease purchase obligations subject to annual appropriation from such available funds. In the event the Board decides to pledge such funds as security for revenue bonds, then such bonds can be secured from available funds maintained in the separate Economic Development Trust Fund created for each Zone or from available funds jointly available in multiple Economic Development Trust Funds for multiple Zones as determined in such subsequent resolution or agreement. SECTION EIGHT. PREPARATION OF ECONOMIC DEVELOPMENT PLAN. The Board shall adopt, and revise as necessary, by resolution, an Economic Development Plan for each Zone created by Ordinance, to provide for: (A) The appropriation or pledge of trust funds deposited or maintained in the Economic Development Trust Fund created for those Zones. (B) An economic development program identifying the public benefit to be derived, infrastructure necessary and required to implement and support such program, any incentives, regulatory or procedural changes, donations or contributions as may be deemed necessary to further economic development and/or redevelopment within the respective Innovation Zone and a fiscal and/or economic analysis as and to the extent deemed appropriate by the Board. 6 12A (C) A partnership agreement, from one or more private entities, detailing a commitment to provide support in the form of financial funding, infrastructure improvements, land donations or other contributions, which in the discretion of the Board, promotes the viability and success of the Innovation Zone, SECTION NINE. INITIAL DETERMINATION OF A TAX INCREMENT. The Board shall adopt for each Zone a Tax Increment Resolution: (1) designating the Base Year Assessment Roll; (2) setting the percentage to be applied to the formula set forth in Section 4(B) of this Ordinance for the calculation of the Tax Increment; (3) specifying the number of County fiscal years to be utilized in determining the annual Tax Increment; and (4) setting the Initial Tax Increment Year. At the discretion of the Board, the resolution adopting and revising the Economic Development Plan and the initial Tax Increment Resolution can be combined into a single resolution serving both functions. SECTION TEN, IMPLEMENTATION. The Board may establish, from time to time, rules and regulations to implement and govern the administrative procedures that will be necessary for staff to implement this Ordinance, including minimum application requirements. These rules and regulations will be published and made readily available to the public. SECTION ELEVEN: 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 the 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. 7 12A SECTION TWELVE: 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 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 THIRTEEN: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK 2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form 8 12A Acct #068781 April 26, 2010 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: An Ordinance Providing for the Creation of Innovation Zones Dear Legals: Please advertise the above referenced notice on Friday, April 30, 2010, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500113048 12A NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on May 11, 2010 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF COLLIER COUNTY PROVIDING FOR THE CREATION OF INNOVATION ZONES BY THE BOARD BY SUBSEQUENT RESOLUTION; PROVIDING FOR THE CALCULATION OF AN ANNUAL TAX INCREMENT AMOUNT WITHIN THE GEOGRAPHIC BOUNDARIES OF EACH INNOVATION ZONE; CREATING AN ECONOMIC DEVELOPMENT TRUST FUND FOR EACH INNOVATION ZONE FOR THE TRANSFER AND MAINTENANCE OF SUCH TAX INCREMENT AMOUNTS; AUTHORIZING THE PLEDGE AND APPROPRIATION OF ECONOMIC DEVELOPMENT TRUST FUNDS; AUTHORIZING THE PREPARATION OF AN ECONOMIC DEVELOPMENT PLAN FOR EACH INNOVATION ZONE BY SUBSEQUENT RESOLUTION OF THE BOARD; PROVIDING DEFINITIONS; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. 12A Please contact the Collier County Facilities Management Deptartment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 12A z Ann P. Jennejohn To: Naples Daily News Legals Subject: Ordinance Creating Innovation Zones Attachments: ORD Creating Innovation Zones.doc; Ordinance Creating Innovation Zones.doc Good Afternoon, Please advertise the attached on Friday, April 30, 2010. Thank you. Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(fax) 12A Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Monday, April 26, 2010 12:49 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT300579.txt; Ordinance Creating Innovation Zones This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com Ann P. Jennejohn 22A ., From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Monday, April 26, 2010 4:16 PM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS4E9.jpg Thank you for placing your ad. Date 04/26/10 Ad Number 1851174 Total Ad Cost $231.00 Em;[) NOT'iCE OF INTENT TC)CONSli7Elt ORDINANCE Notice is hereby given that on May 11, 12A 2010, in the Boardroom, 3rd Floor, Ad- ministration Building, Collier Courity Government Center, 3301 East Tamla- mi Trail, Naples,' Florida, the Board of County Commissioners will consider the enactment of a County ordinance, The meeting will commence at 9:00 ABM, The title of the proposed Ordi- nance 4 as follows; Copies of the proposed Ordinance are or, file with the Clerk to the Berard and are available for inspection. All inter- ested partles are invited to attend and be heard.. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to pre- sentatlon of the agenda item to be addressed. Individual speakers will be limlted to 3 minutes an any Item. The selection of an Individual to speak on behalf of an organization or group Is encouraged. if recognized by the Chairman, a spokespei rt for a group or organization may he allotted 10 minutes to speak an an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimurn of seven days prior to the public hearing. All material used in presentations before the Board will became a permanent part of the re- card, Any person who decides to appeal a. decision of the Board will need a re- cord of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim retard of the proceedings is made, which record in- cludes the testimony and evidence upon which the appeal Is bases!. If you are a person with disability who needs any accornrnodation in order to particlpate in this proceeding, you are entit, at no asst to you, to the pro- vision of certain assistance. Please contact the Collier County Fa. Building W, Naples. Florida 34112, (239) 252 - 8380. Assisted listenin de- vices for the howling impairN are available in the County Commissi4n- ers` Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWiGHT E. BROOK, CLERK 6y: Ann lerinejohn, Deputy Clerk, (SEAL) April `30.2010 No1851174 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News -------------------------- --- ------ ------ --------- -� - - -- BCC /IMPACT FEE ADM, ,TTomnTmrr\rT CLERK OF CIRUCIT C P 0 BOX 413044 NAPLES FL 34101 REFERENCE: 068781 59615706 State of Florida Counties of Collier a Before the undersig appeared Tracy Reeve, serves as the Senior Daily News, a daily n in Collier County, F1 and Lee counties of F copy of advertising % newspaper on dates li Affiant further say News is a newspaper F Collier County, Flori newspaper has heretof day and has been ente matter at the post of Collier County, Flori next preceding the fi attached copy of adve further says that he promised any person, discount, rebate, corn purpose of securing t publication in the sa PUBLISHED ON: 04/30 AD SPACE: 75 LINE FILED ON: 04/30/1 Signature of Affiant Sworn to and Subscribed before me this --� CoV 12- �A NOTICE OF INTENT TO CONSIDER ORDINANCE, Notice if herepg�v en that on May 11; 4010 In the Boelatoofh, 31d. Floor, Ad- minlstra*gn will hgr Collier County , 6ove5n t - #301 East Tamia- mi T iAUZ, the Board of Coup C iapea will comide► the ehatbmlrtt ot�eCounty Ordinance, The mektin� wlll> commence. at 9:00 � — — A.M. lice tl€►e of {►re proposed Ordi- ,,nancetsASfbllows: I Personally known by me day of lylo.-i 2 0LU KAROL E KANGAS Notary Public - State of Florida o My Comm. Expires Jul 29. 2013 Commission # DD 912237 12A X11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #4. complete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. appropriate (Initial) Applicable) 2. 5111110 Agenda Item Number 12 -A 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed moved from 17 -D 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 5/12/10 5. Ian Mitchell, Supervisor - BCC Office Operations Board of County Commissioners Documents Attached Sk 11 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252 -8400 Contact appropriate (Initial) Applicable) Agenda Date Item was 5111110 Agenda Item Number 12 -A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed moved from 17 -D Type of Document Ordinance No. 2010 -20 (Innovation Zones) Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip StAV.- should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 5 -11 -10 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 12A 1 ORDINANCE NO. 2010 -2_ AN ORDINANCE OF COLLIER COUNTY PROVIDING FOR THE CREATION OF INNOVATION ZONES BY THE BOARD BY SUBSEQUENT RESOLUTION; PROVIDING FOR THE CALCULATION OF AN ANNUAL TAX INCREMENT AMOUNT WITHIN THE GEOGRAPHIC BOUNDARIES OF EACH INNOVATION ZONE; CREATING AN ECONOMIC DEVELOPMENT TRUST FUND FOR EACH INNOVATION ZONE FOR THE TRANSFER AND MAINTENANCE OF SUCH TAX INCREMENT AMOUNTS; AUTHORIZING THE PLEDGE AND APPROPRIATION OF ECONOMIC DEVELOPMENT TRUST FUNDS; AUTHORIZING THE PREPARATION OF AN ECONOMIC DEVELOPMENT PLAN FOR EACH INNOVATION ZONE BY SUBSEQUENT RESOLUTION OF THE BOARD; PROVIDING DEFINITIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE. PURPOSE. It is the policy of the Board to promote economic growth which results in high wage jobs and helps diversify the economy of Collier County. To further this policy, it is the intent of the Board to create a dedicated source of revenue to fund an economic development program and to advance economic development initiatives in zones of geographic concentration within the unincorporated areas of the County. These zones, to be called Innovation Zones, will be designated by the Board from time to time through the implementation of Economic Development Plans adopted by resolution for each Innovation Zone. SECTION TWO. FINDINGS. It is hereby ascertained, determined and declared that: (A) The use of available Tax Increment revenues within an Innovation Zone as a dedicated economic development tool and funding source enhances the general welfare of the 12A 'r County through the advancement of new employment opportunities, the implementation of redevelopment initiatives, the creation of new economic development opportunities and locations and the expansion of existing employment centers. (B) Each Innovation Zone is intended to encompass a defined geographic area used to determine the Tax Increment paid and applied pursuant to ordinance, resolution or agreement within the meaning of the term "dedicated increment value" defined in section 200.001(8)(h), Florida Statutes. (C) Commencing in the Initial Tax Increment Year for each Innovation Zone, the Tax Increment calculated pursuant to Section 4 of this Ordinance is intended to be a dedicated increment value referenced in the calculation of the "rolled back rate" under the method established in section 200.065(1), Florida Statutes. SECTION THREE. DEFINITIONS. As used in this Ordinance, the following words and terms have the following meanings, unless the context otherwise requires a different definition: "Aggregate Ad Valorem Millage Rate" means that millage rate obtained from the quotient of the sum of ad valorem taxes levied by the Board for countywide programs and within a municipal service taxing unit plus the ad valorem tax levied for all districts dependent to the Board divided by the total taxable value of the County, excluding Voted Millage. "Aggregate Ad Valorem Taxes" means ad valorem revenue generated by a levy of the Aggregate Ad Valorem Millage Rate against the total taxable value of the County considered for any of the discrete Collier County real property assessment rolls referenced in Section 4 of this Ordinance. %1 12A 'i "Base Year Assessment Roll" means the last Collier County Real Property Assessment Roll certified by the Property Appraiser prior to the date of adoption of the Tax Increment Resolution. "Board" means the Board of County Commissioners of the County. "County" means Collier County, Florida. "County Manager" means the chief administrative officer of the County or such person's designee. "Economic Development Plan" means the economic development program referred to in Section 8 of this Ordinance established by resolution of the Board for each Zone. "Economic Development Trust Fund" or "Trust Fund" means that Trust Fund created by resolution in Section 6 of this Ordinance for each Zone for the deposit, maintenance and accounting of the Tax Increment revenues annually generated within each Zone. "Initial Tax Increment Year" means the tax year commencing October 1, 2010 or such subsequent tax year as established in the Tax Increment Resolution for the initial determination of a Tax Increment for the annual funding by the County of an Economic Development Trust Fund for a Zone. "Innovation Zone" or "Zone" means a geographic area created by resolution pursuant to Section 4 of this Ordinance used to determine a Tax Increment to be paid into an Economic Development Trust Fund to fund the Economic Development Plan approved for each Zone. "Property Appraiser" means the Property Appraiser of the County. "Tax Increment" means the annual determination for each Zone of the tax increment revenues calculated for each Zone pursuant to the formula adopted in Section 4 of this Ordinance. 3 12A I "Tax Increment Resolution" means the resolution adopted by the Board pursuant to Section 9 of this Ordinance. "Voted Millage" means ad valorem taxes levied in excess of maximum millage amounts authorized by law approved for periods not longer than two years by vote of the electors pursuant to Article VII, section 9(b), Florida Constitution, or ad valorem taxes approved by the electors and levied as provided in Article VII, section 12, Florida Constitution, whether required and authorized by law, ordinance or the Florida Constitution. SECTION FOUR. CREATION OF INNOVATION ZONES AND THE CALCULATION OF ANNUAL TAX INCREMENT AMOUNT. (A) The Board shall create Innovation Zones by adopting a resolution defining the geographic area comprising the Zone. (B) The Tax Increment amount for each Zone shall be determined annually by the application of the following formula within the geographic area defined for each Zone and shall be that amount equal to the percentage rate set in the Tax Increment Resolution applied to the difference between: (1) the amount of Aggregate Ad Valorem Taxes received each year by the County from ad valorem taxes levied on taxable real property contained within the geographic boundaries of a Zone; and (2) the amount of Aggregate Ad Valorem Taxes which would have been produced by a levy of the Aggregate Ad Valorem Millage Rate each year by the County upon the taxable real property within the geographic boundaries of a Zone as shown on the Base Year Assessment Roll. (C) The amount to be funded by the County for each Zone shall not be less than the percentage applied to the difference between subparagraphs (B)(1) and (B)(2) of this Section as set in the Tax Increment Resolution or the resolution creating an Economic Development Plan adopted for each Innovation Zone. 4 12A '4 (D) The County Manager shall certify to the Property Appraiser by May 1 of the year prior to the Initial Tax Increment Year, the boundaries of the designated geographic areas of each Zone, the reference to the Base Year Assessment Roll to be applied, and the specific proportion of the cumulative increase in taxable value to be applied in determining the Tax Increment. Any change in geographic boundaries, the Base Year Assessment Roll or percentage of the specific proportion of the cumulative increase in taxable value shall be certified to the Property Appraiser prior to May 1 of the year in which the change is to occur. SECTION FIVE. ANNUAL FUNDING OF ECONOMIC DEVELOPMENT TRUST FUND. Prior to January 1 of each County Fiscal Year and subsequent to any certification of the County Manager to the Property Appraiser required pursuant to Section 4(D), the Board shall appropriate and transfer to the Economic Development Trust Fund created for each Zone the Tax Increment for such defined geographic area, in an amount not less than that calculated pursuant to the formula provided in Section 4 of this Ordinance. SECTION SIX. CREATION OF ECONOMIC DEVELOPMENT TRUST FUND FOR EACH ZONE. There is hereby created an Economic Development Trust Fund for each Zone hereafter created by the Board in accordance with this Ordinance. The Tax Increment determined annually for each Zone shall be deposited in the Trust Fund prior to January 1 of each year as provided in Section 5 of this Ordinance and maintained for such Zone until paid or pledged for the implementation of the Economic Development Plan created for the Zone. By resolution of the Board, available funds maintained in one Economic Development Trust Fund can be paid or applied for a joint project or program with available funds maintained in a separate Economic Development Trust Fund or a percentage of future Tax Increment revenues can be pledged and 5 12A 4 applied for two or more Economic Development Trust Funds to jointly fund a program or project affecting multiple Zones. SECTION SEVEN. PLEDGE OR APPROPRIATION OF TRUST FUNDS. By subsequent resolution or agreement, the Board shall have the authority to provide for the use of funds maintained in an Economic Development Trust Fund for any purpose that accords with the requirements of Florida law, including without limitation issuing revenue bonds secured by a pledge of available funds maintained in an Economic Development Trust Fund, or authorizing lease purchase obligations subject to annual appropriation from such available funds. In the event the Board decides to pledge such funds as security for revenue bonds, then such bonds can be secured from available funds maintained in the separate Economic Development Trust Fund created for each Zone or from available funds jointly available in multiple Economic Development Trust Funds for multiple Zones as determined in such subsequent resolution or agreement. SECTION EIGHT. PREPARATION OF ECONOMIC DEVELOPMENT PLAN. The Board shall adopt, and revise as necessary, by resolution, an Economic Development Plan for each Zone created by Ordinance, to provide for: (A) The appropriation or pledge of trust funds deposited or maintained in the Economic Development Trust Fund created for those Zones. (B) An economic development program identifying the public benefit to be derived, infrastructure necessary and required to implement and support such program, any incentives, regulatory or procedural changes, donations or contributions as may be deemed necessary to further economic development and /or redevelopment within the respective Innovation Zone and a fiscal and /or economic analysis as and to the extent deemed appropriate by the Board. C 12A 'W (C) A partnership agreement, from one or more private entities, detailing a commitment to provide support in the form of financial funding, infrastructure improvements, land donations or other contributions, which in the discretion of the Board, promotes the viability and success of the Innovation Zone. SECTION NINE. INITIAL DETERMINATION OF A TAX INCREMENT. The Board shall adopt for each Zone a Tax Increment Resolution: (1) designating the Base Year Assessment Roll; (2) setting the percentage to be applied to the formula set forth in Section 4(B) of this Ordinance for the calculation of the Tax Increment; (3) specifying the number of County fiscal years to be utilized in determining the annual Tax Increment; and (4) setting the Initial Tax Increment Year. At the discretion of the Board, the resolution adopting and revising the Economic Development Plan and the initial Tax Increment Resolution can be combined into a single resolution serving both functions. SECTION TEN. IMPLEMENTATION. The Board may establish, from time to time, rules and regulations to implement and govern the administrative procedures that will be necessary for staff to implement this Ordinance, including minimum application requirements. These rules and regulations will be published and made readily available to the public. SECTION ELEVEN: 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 the 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. 7 12A it SECTION TWELVE: 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 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 THIRTEEN: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this t kJjWay of 0. , 2010. ATTEST .; DWICrIT E. BROCK, CLERK By: d' pu ty Clerk p� proved as to form BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LJ. By: FRED W. COYLE, CHAIRIVTAN 8 izA 4 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 2010 -20 Which was adopted by the Board of County Commissioners on the 11th day of May, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of May, 2010. DWIGHT E. 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