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06-076 /~ if/. b~ )\. ~ ..;Y ~ Ctj ,V' ~ '\J'}>-; lJ }J" / Y '" Y '.. ~ 1 \j lY. J- 2 ~~.'!~~~ : ?') rf ~ ~ j 8 9 10 11 12 13 ;" II ORDINANCE NO. 06- 07 AN ORDINANCE OF THE CITY OF BO NT ON BEACH, FLORIDA AMENDING SECTIO 2-163 (b) OF CHAPTER 2 OF THE CODE OF 0 INANCES TO ADD PROJECTS THAT RECEIVED S E PLAN APPROV AL PRIOR TO OCTOBER 5, 2 5 TO THE LIST OF PROJECTS THAT ARE EXE PT FROM THE PUBLIC ART FEE, PROVIDI G FOR CONFLICTS, SEVERABILITY, CODIFI ATION AND AN EFFECTIVE DATE. WHERE, the City Commissio has heretofore established a public art fee applicable 14 to all development and redevelopm t; and 15 WHEREAS, the City also adopted a policy which imposes the 16 public arts fee on projects ted a site plan extension subsequent to adoption of the public 17 18 WHEREAS, e City Commission, upon recommendation of public comments and 19 staff recommenda 'ons, deems it appropriate and in the best interests of the citizens and 20 residents ofthe ity of Boynton Beach to add projects that received site plan approval prior to 21 the adoptio of the public art fee (October 5, 2005) to the list of projects exempt from the 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 24 E CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Section 2-163 (b) of Article XII, Arts in Public Places, is amended to add 28 a new subsection (3) as follows: 29 (3) Proiects which obtained site plan approval prior to October 5. 2005. 30 notwithstanding a subsequent request for site plan extension. C:\Documents and Settings\jonese\Local Settings\Temporary Internet Files\OLK4\Public Art Fee exemptions. doc II Section 3. Each and every other provision of the Land Developme 2 not herein specifically amended, shall remain in full force and effect as ori . ally adopted. 3 Section 4. All laws and ordinances applying to the City f Boynton Beach in 4 conflict with any provision of this ordinance are hereby repealed. 5 Section 5. Should any section or provision of t' Ordinance or any portion thereof be declared by a court of competent jurisdiction to e invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to co Ify this Ordinance. Section 7. This Ordinance shall beco effective immediately. FIRST READING this -L day of It Gu 5T , 2006. SECOND, FINAL READING AN ASSAGE this _ day of , 2006. CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I Mayor Vice Mayor Commissioner Commissioner Commissioner '~{Y ~JJ \'" '~ \\.~~,? ~~ ~ ..+J oYJ' \~ .Y' ~~YJ' 1tJ-~ . . ". ~~~ ~. v~. iY C:\Documents and Settings\jonese\Local Settings\Temporary Internet Files\OLK4\Public Art Fee exemptions. doc