O96-47ORDINANCE NO.d96-~
A ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, PERTAINING
TO ECONOMIC DEVELOPMENT IN THE PLANNED
INDUSTRIAL DEVELOPMENT DISTRICT (PID);
MAKING FINDINGS; AUTHORIZING CERTAIN ACTIONS
AS INCENTIVES TO ECONOMIC DEVELOPMENT AND
THE CREATION OF JOBS WITHIN THE CITY;
AUTHORIZING ADDITIONAL ACTIONS TO BE TAKEN;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, sustained and positive economic growth within the
corporate limits of the City of Boynton Beach, Florida (the
"CITY"), is necessary, essential· and conducive to the quality of
life and the economic well-being of the citizens of the City; and
WHEREAS, such economic growth aids the City and is a benefit
to the public because it provides jobs for the residents of the
City, increased the ad valorem tax base of the City, and provides
income for residents of the City that will be spent within the
corporate limits of the City thereby supporting and benefiting
other businesses within the City; and
WHEREAS, in order to initiate, establish and sustain
positive economic growth within the City's Planned Industrial
Zoning Districts it is necessary to create, establish and
maintain an appr~opriate and supportive regulatory and
governmental environment within the City while still protecting
the public interest and the public health, safety and welfare;
and
WHEREAS, it is necessary for the City to determine if
economic development will more likely occur if certain incentives
are provided by the City which are appropriate for the benefit
being received and which serve the public interest and promote
the public purpose of improving the physical and economic
condition of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CIT~ COMMISSION OF THE
CITY OF BO~NTON BEACH, FLORIDA, THAT:
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Section 1.
Findings.
(a) The recitals set forth above are hereby adopted and
incorporated by reference herein to the same extent as if set
forth here in full.
(b) The City Commission does hereby find that it is
necessary and appropriate that certain incentives in the form of
fee reduction or waivers be provided for new businesses locating
within certain parts of the City zoned Planned Industrial
Development (PID) in order to promote economic growth, to expand
the ad valorem tax base, to increase job opportunities for all
citizens of the City, and to improve the economic condition of
the City and its residents and citizens.
(c) The City Commission does hereby find that the creation
of such incentives and their application to certain businesses is
in the public interest and furthers a public purpose.
Section 2. Eligible Businesses. The City Commission
does hereby determine that the economic development incentives
contemplated by this ordinance shall only be granted to new
businesses or expanding existing businesses as hereinafter
defined:
Business - Any activity engaged in by any person,
partnership, corporation or firm with the object of
private or public gain, benefit, or advantage, either
direct or indirect. A business is further and more
specifically defined as follows:
1. New Business -
A business establishing fifty (50) or more
jobs to employ fifty (50) or more full-time
employees in this City, which manufactures,
processes, compounds, fabricates, or
produces for sale items of tangible personal
property at a fixed location and which
comprises an industrial or manufacturing
plant;
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An office space in this City owned and used
by a corporation newly domiciled in this
City; provided such office space houses
fifty (50) or more full-time employees of
such corporation.
Provided that such businesses or office referred
to in subsections a. or b. above, first begins
operation on a site clearly separate from any
other commercial or industrial operation owned by
the same business.
Expansion of an Existing Business -
A business establishing fifty (50) or more
jobs to employ fifty (50) or more full-time
employees in the City, which manufactures,
processes, compounds, fabricates, or
produces for sale items of tangible personal
property at a fixed location and which
comprises an industrial or manufacturing
plat.
Provided that such business increases operations
on a site co-located with a commercial or
industrial operation owned by the same business,
resulting in a net increase in employment of not
less than twenty-five (25%) percent.
Eligible Business -
A business that meets the criteria set forth
herein for a new business or an expansion of
an existing business, and
Moves to or expands its operations to a
location within a Planned Industrial
District within the City of Boynton Beach,
and
c. Maintains its business operation at the
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levels referenced herein for a period of
three (3) years after opening for business,
and
d. The wages paid to its full-time non-
management employees must be on average a minimum
of $12.74 per hour. Wages shall be defined as the
total of the hourly wage, plus the cost of all
fringe benefits paid on behalf of the
employees.
Section 3. Payment of City Impact Fees. Upon
application of any Eligible Business submitted prior to the
issuance of a building permit for construction of the Eligible
Business' facility within the City and upon a determination that
the' Eligible Business satisfies the requirements of this
ordinance, the City Commission may, by ordinance and at its sole
discretion, cause the City to pay from legally available funds
all, or a portion of City impact fees by whatever name known that
would have otherwise been paid by the Eligible Business for water
and sewer service provided by the City. For the purpose of this
Section 3, "City impact fees" means a land development regulatory
fee charged to a new development which creates a need for capital
improvements.
Section 4. Waiver of Building Permit Fees. Upon
application of any Eligible Business submitted prior to the
issuance of a building permit for construction of the Eligible
Business' facility within the City and upon a determination that
the Eligible Business satisfies the requirements of this
Ordinance, the City Commission may, by ordinance and at its sole
discretion, cause the City to waive the all, or a portion of the
payment by the Eligible Business of any building permit fee or
charge imposed by the City pertaining to the facility being
constructed by the Eligible Business within the City. For the
purpose of this Section 4, "building permit fees" means those
fees charged by the City for reviewing and inspecting structural,
mechanical, plumbing, gas and electrical construction in the
City.
Section 5. Fees Due if Facility Not Maintained.
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Notwithstanding the payment of City impact fees contemplated by
Section 3 or the waiver of building permit fees contemplated by
Section 4, the Eligible Business shall remain liable for and
obligated to pay such fees if the Eligible Business fails to
maintain the corporate headquarters or manufacturing an
industrial facility in the City or fails to employ at least fifty
(50) individuals at that facility for a period of three (3) years
following the issuance of the certificate of occupancy for the
facility.
Section 6. Implementing Actions Authorized. The
appropriate City officials are hereby authorized and directed to
take such actions as are necessary to implement the provisions of
this Ordinance, including the City Attorney who is authorized to
prepare such other resolutions or such ordinances as may be
necessary to provide for the payment or waiver contemplated by
this ordinance.
Section 7. Reports to the City Commission. The City
Manager is hereby directed to periodically from time to time
report to the City Commission as to the use of the economic
development incentives contemplated by this Ordinance, including
information as to the number of new business facilities in the
City subject to such incentives, the number requesting such
incentives, the dollar value of the incentives to the businesses
requesting them, and the number of jobs created a s a result of
such facilities being located within the City and the amount of
increase in the City's ad valorem tax base. The City Manager may
at any time make recommendations to the City Commission regarding
the enlargement of economic development incentives or curtailing
or eliminating them based upon the expertise of the City with
such incentives and their effectiveness.
Section 8. Non-vesting of Right. The power of the City
Commission to grant the economic development incentives provided
herein is a discretionary and legislative function of the City
Commission. Neither the adoption of this Ordinance nor any
subsequent act by the City Commission or the City Administration
shall vest any person or entity with any right to the waiver of
all or part of any fee as referenced herein.
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Section 9. Appropriation of Funds. The City Commission
prior to granting an economic incentive as provided herein shall
either appropriate funds for the payment of such incentive,
designate a specific funding source previously appropriated
through the budget process, or waive such fees.
Section 10. Severability. If any part of this Ordinance
is determined to be invalid or illegal, then the remaining
portion of this Ordinance shall not be affected by such
determination and shall remain in full force and effect.
Section 11. Effective Date. This ordinance shall become
effective immediately upon passage.
PASSED AND ADOPTED this ~ day of ~//;~a~, 1996.
ATTEST:
City Clerk
9/26/96
900/82.~
CITY OF BOYNTON BEAC_~q~H _ FLORIDA
o~ss~onor
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