05-005
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1 ORDINANCE NO. 05 - 005
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3 AN ORDINANCE OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA
5 AMENDING CHAPTER 26. WATER, SEWERS AND
6 CITY UTILITIES, ARTICLE VII, SECTION 26-406
7 ENTITLED "CAPITAL CONTRIBUTIONS",
8 AUTHORIZING THE TRANSFER OF REAL
9 PROPERTY TO THE CITY IN LIEU OF CAPITAL
10 CONTRIBUTION CHARGES WITHIN THE
11 DOWNTOWN STORMWATER IMPROVEMENT
12 WATERSHED; PROVIDING FOR CONFLICTS,
13 SEVERABILITY, CODIFICATION AND AN
14 EFFECTIVE DATE.
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16 WHEREAS, Chapter 26, Article VII of the City of Boynton Beach Code of
17 , þrdinances provides for the imposition of stonnwater management utility fees on properties
18 ~ithin the City of Boynton Beach to fund the planning, control, operation, and maintenance
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19 pf the City's stonnwater management system; and
20 , WHEREAS, Section 26-406 of the Code further imposes capital contribution fees for
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21 properties, which cannot retain required stonnwater levels on-site and which are
22 redeveloping within the Downtown Stonnwater Improvement Watershed and utilizing the
23 jnstalled stonnwater treatment or conveyance facilities within that Watershed; and
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24 I WHEREAS, it has been detennined that there are parcels of real property or portions
25 thereof located within the City which, if acquired by the City, would benefit, either physically
26 br fiscally, the City's stonnwater management system or the Downtown Stonnwater
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27 ~provement Watershed; and
28 i WHEREAS, the City Commission finds that it is in the best interests of the health,
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29 ~afety, and general welfare of the citizens and residents of the City of Boynton Beach to
30 provide a procedure and conditions by which property owners can transfer title of real
31 rroperty to the City in lieu of payment of capital contribution fees as required in Section 26-
32 ~06(3) of the Code; and
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34 WHEREAS, the conveyance of real property in lieu of the capital contribution fee
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1 within the Downtown Stonnwater Improvement Watershed does not in anyway affect,
2 reduce, or waive the stonnwater management utility fee or stonnwater utility fee imposed
3 ¡upon each lot or parcel within the City as provided and referenced in Sections 26-402, 26- ¡
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4 1403, and 26-404 of the Code;
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ì NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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6 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
7 Section I. Each Whereas clause set forth above is true and correct and
8 ncorporated herein by this reference.
9 Section 2. That Chapter 26, Article VIII, Section 26-406, entitled "Capital
10 ontributions" is hereby amended by adding the words and figures in underlined type, and by
11 eleting the words and figures in struck-through type, as follows:
12 26-406. Capital contributions; real property contributions.
13 Procedures and standards developed by the director shall define appropriate
14 means by which to optimize development capital contributions in the implementation
15 of specific stonnwater systems. These basic specific capital contributions shall take
16 the fonn of "fee-in-lieu-of' or "availability charges." Each situation will be analyzed
17 by the director, and a specific written decision will be developed. The application is
18 defined as follows:
19 (1) Fee-in-lieu of is applied to site specific negotiated procedure, ...
20 ...
21 (3) The "fee-in-lieu-of' capital contribution for properties redeveloping
22 within the Downtown Stonnwater Improvement Watershed, and utilizing the installed
23 stonnwater treatment and/or conveyance facilities within that watershed, shall be
24 levied as follows:
25 a. Capital cost per impervious square foot for Water Quality........ .$2.05
26 b. Capital cost per impervious square foot for Water Quantity..... ..$0.18
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28 c. Total Capital cost per impervious square foot for Water
29 Quality and Quantity................................................. ....$2.23
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1 (4) Bv resolution. the citv commission mav accept ownership interests in
2 real propertv in-lieu-of all or part of the required capital contribution fees for
3 properties redeveloping within the Downtown Stonnwater Improvement Watershed.
4 provided each of the following conditions are satisfied:
5 a. The propertv owner/applicant has completed and submitted to the
6 director an application requesting to convev or transfer real propertv to
7 the citv in-lieu-of the payment of all or part of the capital contribution
8 fees.
9 b. The propertv owner/applicant requesting consideration under this
10 subsection C has submitted to the director with the application an
11 appraisal completed bv an approved appraisal organization or bv a
12 state-certified appraiser in a fonn acceptable to the director and a
13 recent survev completed bv a state-licensed and certified surveyor. The
14 appraiser shall have no vested or fiduciary interest in the parcel
15 appraised or the parcel that is the subiect of capital contribution fees.
16 All costs and expenses incurred in obtaining the appraisal and survey
17 shall be the responsibility of the property owner/applicant and are not
18 subiect to reimbursement by the City.
19 c. Clear title to the parcel is conveyed or transferred to the city by
20 warranty deed or as otherwise approved by the city attorney and
21 authorized by the city commission. All costs and expenses incurred by
22 the city in connection with the conveyance of the parcel. including title
23 work. attorney's fees. and taxes shall be the responsibility of the
24 property owner and not the city.
25 d. The property owner/applicant has provided the city with a cash bond in
26 the amount $2500.00 to cover the city's anticipated expenses in
27 connection with the conveyance ofthe parcel to the city. The city shall
28 hold the cash bond until such time as all expenses of the city have been
29 satisfied. which may be at closing. by the property owner/applicant.
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1 Should the property owner/applicant fail to pay such expenses to the
2 city. upon the expiration often (10) days notice to the owner/applicant.
3 the city shall have the authority to utilize the cash bond for the
4 purposes set forth herein.
5 e. The parcel to be conveyed or transferred to the city in-lieu-of capital
6 contribution fees has an appraised value that is equal to or exceeds the
7 capital contribution fees that would be charged to the property
8 pursuant to subsection (3) above. When the value ofthe parcel exceeds
9 the required fee by ten (10%) or more. the city may enter into an
10 agreement with the property owner to provide the property owner with
11 credit back on other capital contribution fees or stonn water
12 improvement fees accessible against the subiect parcel or other
13 property owned by the property owner in the City. provided the credit
14 shall not extend beyond a time period ofthree Years.
15 f. The parcel to be transferred or conveyed to the city in-lieu-of capital
16 contribution fees will either (1) provide a physical benefit. as
17 detennined by the city. to the management. operation. or maintenance
18 of the city'S stonnwater management system and the Downtown
19 Stonnwater Improvement Watershed. or (2) can be marketed for sale
20 by the city. If subsequently sold. the proceeds from such sale are
21 deposited into the city'S stonnwater utility enterprise fund for the
22 purposes set forth in section 26-408 of the code.
23 ill This fee The "fee-in-lieu-of' capital contribution shall be paid prior to
24 the issuance of a building pennit for new construction and/or redevelopment in the
25 Downtown Watershed. At anytime prior to the issuance of a certificate of occupancy
26 on any new construction or redevelopment in the Downtown Watershed. the property
27 owner may file an application for consideration under subsection (4) above. and if
28 approved and title to the subiect parcel is transferred to the city. previously paid
29 capital contribution fees will be refunded in the amount authorized in the required
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1 resolution.
2 Section 3. Each and every other provision of Chapter 26, not herein specifically
3 ended shall remain in full force and effect as previously enacted.
4 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
5 ame are hereby repealed.
6 Section 5. Should any section or provision of this ordinance or portion hereof,
7 y paragraph, sentence or word be declared by a court of competent jurisdiction to be
8 'nvalid, such decision shall not affect the remainder of this ordinance.
9 Section 6. Authority is hereby granted to codify said ordinance.
10 Section 7. This ordinance shall become effective during the first full billing cycle
11 fter the adoption of the Ordinance on Second Reading.
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13 ¡ FIRST READING, this -.!l. day of January, 2005.
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14 SECOND, FINAL READING AND PASSAGE, this' day of
15 o..;'<-C,J.-;, 2005.
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17 CITY OF BOYNTON BEACH, FLORIDA
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