O01-56
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ORDINANCE NO. 0 f - 6"C:,
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA RELATING TO THE
IMPOSITION AND COLLECTION OF FIRE RESCUE
ASSESSMENTS AGAINST PROPERTY; AMENDING
ORDINANCE NO. 01-34, THE FIRE RESCUE ASSESSMENT
ORDINANCE TO LIMIT THE IMPOSITION OF THE FIRE
RESCUE ASSESSMENT TO SEVEN YEARS; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA:
SECTION 1. DEFINITIONS. All capitalized words and terms in this ordinance shall
have the meanings set forth in the Ordinance, the Initial Assessment Resolution, and the
Final Assessment Resolution.
SECTION 2. FINDINGS. The City Commission hereby ascertains, determines and
declares as follows:
(A) The City Commission enacted the Fire Rescue Assessment Ordinance on
July 11, 2001 and in accordance with its provisions adopted the Initial Assessment
Resolution (R01-217) also on July 11, 2001.
(8) The Initial Assessment Resolution directed the mailing of first class notices
to all property owners affected by the proposed Fire Rescue Assessment and the
publication of the proposed Fire Rescue Assessment rates. These notices also informed
property owners and the public of a public hearing to be held on September 4,2001. The
City Commission held and opened that public hearing and after receiving comments,
continued the hearing until October 16, 2001.
(C) The City Commission received much public comment during the notice period
and at the public hearings. In response to that commentary, the City Commission hereby
declares it to be in the best interest of the City to amend the Fire Rescue Assessment
Ordinance and only authorize the imposition of the Fire Rescue Assessment Ordinance
for seven years, until Fiscal Year 2007-2008.
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SECTION 3. AMENDMENT OF ORDINANCE NUMBER 01-34. The City
Commission hereby amends Article IV, "General Provisions," to include the following new
section:
SECTION 4.05. LIMITATION ON FIRE RESCUE
ASSESSMENT DURATION. Notwithstandinq any authority in
this Ordinance to the contrary. no Fire Rescue Assessment
shall be imposed to fund any Fiscal Year beyond that Fiscal
Year endinq on September 30.2008.
(Strikethroughs represent deletions; double underlines represent additions.)
SECTION 4. SEVERABILITY. The provisions of this ordinance are severable; and
if any section, subsection, sentence, clause or provision is held invalid by any court of
competent jurisdiction, the remaining provisions of this ordinance shall not be affected
thereby.
SECTION 5. EFFECTIVE DATE. This ordinance shall take effect immediately upon
its passage and adoption on the second and final reading.
PASSED AND ADOPTED on First Reading on the Cø day of November, 2001.
PASSED AND ADOPTED on Second Reading and Final Reading on the Ao day
of November, 2001.
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~>:: (- ) :1: § GERALD BROENING, Mayor
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J net Prainito, City Clerk
APPROVED AS TO FORM AND CONTENT:
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