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Ordinance 2008-23 ORDINANCE NO. 2008- 23 INANCE OF THE BOARD OF COUNTY COMMISSIONERS OLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. -13, AS AMENDED, KNOWN AS THE COLLIER COUNTY NSOLIDATED IMPACT FEE ORDINANCE; PROVIDING FOR CHANGES TO THE PROVISIONS RELATED TO IMPACT FEE DEFERRALS FOR SPECIFIED CHARITABLE ORGANIZATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, Collier County has used impact fees as a funding source for growth-related capital improvements for various facilities since 1978; and ''''.., ' WHEREAS, on March 13, 2001, the Board of County Commission~r:i; adoji!ed'i"! .-< Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repjialing.Jmd'::::: superseding all of the County's then existing impact fee regulations, and consolidatillg.all '?fethe, :." County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the C\.l}lier-,.",i , . County Code of Laws and Ordinances (the "Code"); and :c;;rc, :,) WHEREAS, on February 26, 2008, the Board of County Commissioners directed that the provisions related to applicability, eligibility and repayment of impact fee deferrals for specified charitable organizations be amended; and WHEREAS, the adoption of this Ordinance incorporates provisions that amend Section 74-203(i) of the Collier County Code of Laws and Ordinances related to charitable organizations by providing impact fee deferrals to qualified entities that (I) provide services to indigent and low income residents of Collier County; (2) provide for a deferral term of 10 years, unless otherwise extended by the Board of County Commissioners; or (3) provide services to only citizens or legal residents of the United States. WHEREAS, this Ordinance specifies the types of impact fees that are not eligible for deferraL NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article II, Impact Fees, Section 74-203, Use of funds, subsection (i) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-203. Use of funds. *** (i) Impact fee deferrals available to charitable organizations and charitable trusts, These impact fees deferrals are available only to eligible te not-for-profit, charitable entities as specified herein. The cumulative total of all not-for-profit deferrals in each of the county's fiscal years shall not exceed $200,000.00, If the total amomH of impaet feos deferred purslilHlt to these provisiElas ia a fiseal year is less tHan $200,000,00 (or is less tHaa the Higher tEltal ia the fuadiag aeeEluat fElr tHat fiseal year beeause Elf prior eaSH earryiag forward) some or all Elf the Slim of moaey not deferred can be earried forward and thereby be added to the $200,000,00, to a maJ(iR'lliffi balaRee of $500,000,00 fllRdiag for the next fiseal year, Impact fees collected by the Und~rlincd lext is added; Struel; tl1w(,Jg1. text is deleted county for water, wastewater, educational facilities and fire impact fees shall not be deferred under these provisions. (I) Entities eligible for deferrals. These deferrals are available only to charitable, not- for-profit entities that provide services of substantial benefit to low income or very low income residents of the county at no charge or at reasonable, reduced rates, and no part of the net earnings of the entity shall inure to the benefit of any private shareholder or individual, and the oHtity complies with at leaot one Elf the follewiag: with proof of the entitv's not-for-profit status and eligibilitv established to the Countv's sole satisfaction. Deferrals are available only to entities that solely provide services to citizens of the United States or legal aliens that permanentlv reside in the United States. Proof of such must be established to the Countv's sole satisfaction. a. The eHtity is described in sHbsectiEla SOI(C)(3) of Chapter 26 ef the UHited States lHtemal ReveRHe Code as a corporation, a cemmHaity chest, a fHHd, or a klliHdatioa, orgaaized aad operated oxclusively for charitable pllfposes, or for preventioH of cruelty to childreH, aad is thea ellempt from times UHder Sectioa SOI(a) therein; or b. The eatity is described in Subsections SOI(C)(4)(f.) aad (B) of Chapter 26 of the Uaited States Iaternal Revem,e Code as either a Ci'iic League er an organizatioa Het organized for profit, is operated exclusively for the pr-ometioa of social welfare, and is eJ(empt from taxes uader Sectioa SOl (a), thereia; or c. The eHtity is described iH Subsectioa SOI(C)(20) of Chapter 26 of the Uflited States Internal Re'ieaue CElde as an organizatioa or trust, the ellClusi'/e fHHctioH Elf which is to form part of a qualified group legal services plan or plaas .....ithiH the moafliag of Soctioa 120 as referoHced thereia; or d. The eatity is a hElspital, a cooperati'ie hospital service organizatiea, a meaical researeh organizatioa, or similar orgaRizatioa uader any pr-ovisioa withia (or refureaced) ia SectiEln SO I of Chapter 26 of the Uaited States lHternal Reveflue Code and the eatity is exempt from fuderal iacome taJlatioH; OF e. The entity is then exempt fWHl Florida's aAHual aFld flonrecurriag iHtaagible taxes pUFSuaat to F.S. ~ 199.18S( 4), as a "Charitable Trust" and at least 9S pereeat of its iacome is paid tEl Elae Elr mere of the abo'/e listed federal tall exempt emities. (2) Amount of deferrals available to applicants. Subject to not exceeding the amount of impact fees paid (or to be paid) by the applicant to the county, the applicant may request deferrals of all impact fees that are eligible for deferral under these provisions, but no applicant shall be granted more than $100,000.00, or SO pereeat ohhe available flHldiag, which e'ier is less, of not- for-profit deferrals. *** (5) Not-for-profit deferrals are discretionary and the board's decisions are final. Impact fee deferrals granted under this program will be secured as a lien on the subiect property for the term of the deferral. The term of the deferral shall in all events be due and pavable not later than ten vears after the execution of the impact fee deferral agreement by the countv, unless otherwise extended by the Board of Countv Commissioners. Such Underlined text is added; ~lnI81: d:lfl-ll;lgR lext is deleted Page 2 of3 fees shall be accelerated and automatically be due and pavable prior to that time period if there is any breach of the subiect impact fee deferral agreement by the non-county party. In the event that an entity that is the recipient of an impact fee deferral during the term of the deferral is required, due to a new State or Federal mandate, to provide services to persons that are not legallv residing in the United States, the entitv will notify the Countv Manager in writing of the new requirement within 30 davs of the effective date of such change, however, having to provide such services pursuant to a new State or Federal mandate shall not be deemed a violation of this Ordinance or breach of any lien agreement with the Countv. At the conclusion of the deferral period the subject impact fees for the then-current use are due and payable and upon payment in full of the impact fees the lien will then be satisfied SECTION TWO. 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 portions. SECTION THREE. INCLUSION IN THE 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 Ordinance may be renumbered or re- lettered and internal cross-references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 13* day of ~, 2008. ATTE~'F . C;r", . Dwigtit E. Brock, 81erk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA " By: ~ }>.. ,- By:'~ . Attlrit1II ,!tf ;0. t.... f puty Clerk 119ft.tIre otll~ Appr ve and I g Underlined lext is added; StnHol: IRF81;!gR text is deleted Thl. ordinance fj led with the Secretory of State's Office the ~doy of roM..-,~- and ocknowledgen\l,nt of that filin received this ~'*'day of Page 3 of3 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. 2008-23 Which was adopted by the Board of County Commissioners on the 13th day of May 2008, during Regular Session, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of May 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Cpmm~ssjoners ~Jlidtull~'/~\J~ By: Martha' vets.aFa:, / J;lep1:lty Cl Lit . .