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ORDINANCE O96-4/~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, PERTAINING TO ECONOMIC
DEVELOPMENT; MAKING FINDINGS; FINDING
ECONOMIC DEVELOPMENT AND PROVIDING
INCENTIVES FOR ECONOMIC DEVELOPMENT
FURTHERS ~ PUBLIC INTEREST AND SERVES
A PUBLIC PURPOSE; PROVIDING FOR WAIVER
OF CITY IMPACT FEES, WAIVER OF BUH.DING
PERMIT FEES, AND INSTALLATION OF CERTAIN
WATER AND SEWER SYSTEM IMPROVEMENTS
FOR QUALIFIED BUSINESSES IN THE
COMMUNITY REDEVELOPMENT AREA;
PROVIDING FOR FUNDS TO PAY THE COST OF
ECONOMIC DEVELOPMENT INCENTIVES;
AUTHORIZING ACTIONS TO IMPLEMENT AND
ADMINISTER THE ECONOMIC DEVELOPMENT
INCENTIVES; PROVIDING FOR PERIODIC
REPORTS TO THE CITY COMMISSION;
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, sustained and positive economic growth within the corporate limits
of the City of Boynton Beach, Florida 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, increases 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 thus supporting and benefiting other businesses within the
City; and
WHEREAS, it is particularly appropriate that economic development be targeted
for the Community Redevelopment Area of the City, as such area was determined to exist
by Resolution 8 i-SS, adopted on August 4, 1981, and Resolution No. 82-KK, adopted on
May 4, 1982, as amended (the "Redevelopment Area"), and actions should be taken to
encourage economic development within the Redevelopment Area; and
WHEREAS, in order to initiate, establish, and sustain positive economic growth
within the Redevelopment Area it is necessary to create, establish and maintain an
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appropriate and supportive regulatory and governmental environment within the
Redevelopment Area 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 RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
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
and in the public interest that certain incentives in the form of fee reductions or waivers
be provided for new businesses locating within the Redevelopment Area 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.
(b) The City Commission does hereby find that the creation and use of such
incentives and their application to certain business in the Redevelopment Area is in the
public interest and furthers a public purpose.
(c) The City Commission does hereby find that the economic incentives
contemplated by this Ordinance are consistent with the goals, objectives and principles of
the Community Redevelopment Plan for the Redevelopment Area, as adopted by
Ordinance 90-21 enacted on August 7, 1990 (the "Redevelopment Plan"), and such
incentives further the purposes of the Redevelopment Plan, and are intended to promote
and encourage private enterprise within the Redevelopment Area as contemplated and
provided by Part III, Chapter 163, Florida Statutes.
Section 2. Eligible Business. The City Commission does hereby
determine that the economic development incentives created and established by this
Ordinance shall only be granted to a business now located in the Redevelopment Area
which is improving or enlarging its place of business within the Redevelopment Area or
a business locating a new place of business within the Redevelopment Area. Any business
satisfying the conditions of this Section 2 is hereinafter referred to as an "Eligible
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Business,' which may, in its discretion, file an application with the City as provided below
requesting one or more of the economic incentives established by this Ordinance subject
to the review, discretion and approval of the City Commission. Nothing in this Ordinance
is intended or should be construed or applied as creating or granting any vested right in
any Eligible Business to be entitled to any or all of the economic incentives established by
this Ordinance not that there is any obligation or duty on the part of the City or the City
Commission to consider, approve, grant or provide any or all of the economic incentives
established by this Ordinance to any person, including an Eligible Business.
Section 3. Waiver of City Impact Fees. Upon an application from an
Eligible Business and recommendation of the City Manager as provided in Section 6
below, the City Commission may, in its discretion and subject to such conditions as it may
establish, waive the payment of City impact fees by the Eligible Business and the City
shall pay from legally available funds the amount of such City impact fees by whatever
name known that would have otherwise been paid by the Eligible Business in the absence
of such approxial by the City Commission and cause that payment to be deposited in the
fund or account in which the City impact fees are customarily deposited. For purposes
of this Section 3, "City impact fees" means a land development regulatory fee charged to
new development which creates a need for capital improvements.
Section 4. Waiver of Building Permit Fees. Upon an application from an
Eligible Business and recommendation of the City Manager as provided in Section 6
below, the City Commission may, in its discretion and subject to such conditions as it may
establish, waive the payment of building permit fees for the construction or improvements
being done by the Eligible Business in the Redevelopment Area. For purposes 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. Water and Sewer Facilities Construction and Installation. Upon
an application from an Eligible Business and recommendation of the City Manager as
provided in Section 6 below, the City Commission may, in its discretion and subject to
such conditions as it may establish, authorize and provide for the payment by the City of
the cost to construct and install improvements to the City's water or sewer system, or
both, which are not located on property owned by the Eligible Business, but which are
necessary or required in order for the Eligible Business to locate in the Redevelopment
Area. For purposes of this Section 5, "improvements to the City's water and sewer
system" means improvements not located on property owned by the Eligible Business such
as lift stations, water lines, sewer lines, or oversized lines, but does not include any
connections or any improvements located on property owned by the Eligible Business.
Section 6. Procedure for Economic Incentive Application.q. The City
Manager shall establish appropriate forms and procedures for the filing of an application
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by an Eligible Business for any of the economic development incentives established by
Sections 3,4, and 5 of this Ordinance. Upon receipt of an application the City Manager
shall review the application and determine (i) the applicant is in fact an Eligible Business,
(ii) the economic development incentives established by this Ordinance are necessary and
appropriate to encourage the Eligible Business to locate in the Redevelopment Area or to
improve or enlarge an existing location within the Redevelopment Area, (iii) the amount
of funds necessary to pay for such economic development incentive being requested, and
(iv) sufficient funds are available to the City to pay such costs. Upon making such a
determination, the City Manager shall notify the City Commission' of the application and
recommend to the City Commission whether the application should be approved, approved
with conditions, or denied. The City Commission shall consider the application and the
City Manager's recommendation at its next regular or special meeting following receipt
of the City Manager's recommendation. At that time the City Commission may, in its
discretion, accept the City Manager's recommendation or take such other action as the
Commission deems to be necessary and appropriate, including establishing conditions to
the approval of the economic development incentives that were not recommended by the
City Manager, but the City Commission may not enlarge or increase the amount or extent
of the economic development incentive beyond that requested by the Eligible Business in
its application filed with the City Manager.
Section 7. 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.
Section 8. 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 established by this Ordinance, including information
as to the number of new or enlarged or improved business facilities in the Redevelopment
Area 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 as a
result of such facilities being located within the Redevelopment Area and the amount of
increase in the City's ad valorem tax base or other increases in City revenues. The City
Manager may at any time make recommendations to the City Commission regarding the
modification of economic development incentives or curtailing or eliminating them based
upon the experience of the City with such incentives and their effectiveness.
Section 9. Set>arability. 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 10. Effective Dat_ _e. This Ordinance shall become effective
immediately upon its enactment by the City Commission.
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FIRST READING this /~f' day of October, 1996.
SECOND, FINAL READING AND PASSAGE this
November, 1996.
day of
ATTEST:
Cit~ Clerk
CITY OF BOYNTON BEACH, FLORIDA
Vi ce Ma/or/ /~~
~mm[ssioner
Comm±ss±onor ~
C~s~on~r
R~v. 10/1 5