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07-034 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ORDINANCE NO. 07- 02>'t./ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26, "WATER, SEWERS AND CITY UTILITIES", AMENDING SECTION 26-34, "CAPITAL FACILITIES CHARGES AND CONNECTION CHARGES", PARAGRAPH (A), "CAPITAL FACILITIES CHARGE IMPOSED", TO EXEMPT OUTDOOR RESTAURANT SEATING FROM THE PAYMENT OF WATER AND SEWER CAPITAL FACILITIES CHARGES; AND PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Code of Ordinances currently imposes a 17 water and/or sewage capital facilities charge on properties within the City's water and sewage 18 service area that receives water and/or sewage service from systems owned or control by the 19 City; and 20 WHEREAS, the capital facilities charge is designed to cover the cost of existing or 21 additional raw water production facilities, water treatment facilities and water distribution 22 facilities together with sewage transmission facilities either existing or additions and 23 improvements thereto which will be utilized by the City to provide water and sewer service to 24 said property; and 25 WHEREAS, the City Commission of the City of Boynton Beach seeks to promote the 26 use of outdoor seating at restaurants within the City's service area; and 27 WHEREAS, the City Commission of the City of Boynton Beach finds that by 28 eliminating the capital facilities charge for the use of outdoor seating at restaurants within the 29 City's service area will encourage the use of such outdoor seating at area restaurants, rather 30 than indoor seating; and S:\CA\Ordinances\Capital Facilities Charges (Outdoor Seating)103007.doc II and adoption. FIRST READING this ~ day of Dc,roseR., 2007. 2 3 4 5 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 33 34 35 SECOND, FINAL READING AND PASSAGE this Nov'ember ,2007. ATTEST: .~ 13 day of CITY OF BOYNTON BEACH, FLORIDA ~V1~ ~ yor ~ S:\CA\Ordinances\Capital Facilities Charges (Outdoor Seating)103007.doc 4 21 22 23 24 25 26 27 28 29 30 31 32 II WHEREAS, City Commission ofthe City of Boynton Beach deems it to be in the best 2 interest ofthe citizens and residents of the City to eliminate the capital facilities charge for the 3 use of outdoor seating at restaurants within the City's service area. 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section 1. Each Whereas clause set forth above IS true and correct and 7 incorporated herein by this reference. 8 Section 2. That Chapter 26, entitled "Water, Sewers and City Utilities", Article II, 9 Section 26-34, is hereby amended in part by amending paragraph (A) as follows: 10 11 12 13 14 15 16 Sec. 26-34 Capital facilities charges and connection charges. (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and/or sewage service from systems owned or controlled by the city, the owner of such property shall pay unto the city a water and/or sewage capital facilities charge as follows: (1) Water: 17 18 19 20 * * * (2) Sewage * * * Said capital facilities charge is designed to cover the cost of existing or additional raw water production facilities, water treatment facilities and water distribution facilities together with sewage transmission facilities either existing or additions and improvements thereto which will be utilized by the city to provide water and sewer service to said property. Said capital facilities charge shall be paid or in part credited if appropriate upon the issuance of the first building permit issued on the owner's property and shall be computed based upon the rate in effect upon that date. A capital facilities charge shall not be assessed to restaurants for temporary outdoor seating on private property as long as said outdoor seating does not exceed 50% ofthe total customer seating provided by the restaurant at that location. All outdoor seating at restaurants located within a mixed-use proiect approved within a mixed-use zoning district in the Community Redevelopment Area, or restaurants located within a public S:\CA\Ordinances\Capital Facilities Charges (Outdoor Seating)103007.doc 2 II 1 2 3 4 5 6 7 8 9 10 11 12 building or the Public Usage Zoning District are exempt from the capital facilities charge. Tcmportlry shall be defined as tables and seating arranged and utilized during the months of November through April, commonly rcferred to as the "seuson." Tables, chairs und benches utilized for temporary seating shall be removed and stored during the months of May through October. Any permissible manent outdoor restaurant seating shall not be assesscd a capital facilitios charge. An)' pem1issible pennanent indoor seating whether indoors or outdoors, shall continue to be assessed capital facilities charges. Under no circumstances shall any permanent or temporary seating be located partially or completely within required parking spaces, easements, fire lanes, access aisles, or the public right-of-way~ except with city approval and in accord with city regulations. 13 14 15 For the purposes of this ordinance, "outdoor seating" is defined as any customer seating placed outside (exterior) of the fixed and permanent walls of the building where the restaurant is located. 16 17 18 19 20 21 22 23 24 25 26 For properties located within the community redevelopment area that are assessed capital facilities charges pursuant to this section, the capital facilities charge may be paid in full prior to or at the time of building permit issuance or on an installment basis, without interest, for an amortization period not to exceed eighteen (18) months from building permit issuance. Should the installment payment option be utilized, charges will be billed on a monthly basis, and the property shall only be credited for the value ofthat portion of the capital facilities which has been paid. * * * Section 3. Each and every other provision of Chapter 26, not herein specifically 27 amended shall remain in full force and effect as previously enacted. 28 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 29 same are hereby repealed. 30 Section 5. Should any section or provision of this ordinance or portion hereof, any 31 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 32 such decision shall not affect the remainder of this ordinance. 33 Section 6. Authority is hereby granted to codify said ordinance. 34 Section 7. 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