O01-31ORDINANCE 01- 31
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ORDINANCE 96-46, WHICH
PROVIDES FOR ECONOMIC DEVELOPMENT
INCENTIVES IN THE COMMUNITY REDEVELOPMENT
AREA IN ORDER TO MODERNIZE THE LANGUAGE
AND TO PROVIDE FOR THE DEFERRAL OF PAYMENT
OF CERTAIN FEES IN ADDITION TO WAIVER OF
CERTAIN FEES; PROVIDING FOR SEVERANCE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission by Ordinance 96-46 created economic incentives
to stimulate economic growth within the Community Redevelopment Area; and
WHEREAS, the City administration has recommended modification of the economic
ncentive program to attract and sustain economic growth in the Commtmity Redevelopment
Area; 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
:he Community Redevelopment Area of the City to facilitate the Community Redevelopment
Plan as revised;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
2ITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The recitals set forth above are hereby adopted and incorporated by
reference herein to the same extent as if set forth here in full.
Section 2. Section 1. of Ordinance 96-46 is hereby amended to read as follows:
Section 1. Findings.
(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
~rovided for new businesses locating within the Community Redevelopment Area in order to
vromote economic growth, to expand the ad valorem tax base, to increase job opportunities
Cot all citizens of the City, and to improve the economic condition of the City and its residents
~nd citizens.
fib)(c_~ The City Commission does hereby ftnd that the creation and use of such
incentives and their application to certain business in the Communi~_ Redevelopment Area is
in the public interest and furthers a public purpose.
(0~ The City Commission does hereby find that the economic incentives
~ontemplated by this Ordinance are consistent with the goals, objectives and principles of the
Community Redevelopment Plan for the Community Redevelopment Area, as adopted by
Ordinance 90-21 enacted on August 7, 1990, and as expanded by Ordinance No. 0 00-59
Il (the "Community Redevelopment Plan"), and such incentives further the purposes of the
ICommunity Redevelopment Plan, and are intended to promote and encourage private
]enterprise within the Community Redevelopment Area as contemplated and provided by Part
[[II, Chapter 163, Florida Statuies.
]Section . 96-46 is hereby amended to read as follows:
3
Section
2.
of
Ordinance
[ Section2. Eligible Business. The City Commission does hereby
]determine that the economic development incentives created and established by this
IOrdinance shall only-be granted to:
~ a~ a business now located in the Community Redevelopment Area which is
limproving or enlarging its place of business within the Community Redevelopment Area or~
business locating a new place of business within the Communi~_
business satisfying the conditions of this Section 2 is hereinafter referred to as an
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
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 4. Section 3. of Ordinance 96-46 is hereby amended to read as follows:
Section 3. Waiver or De_ferral o_f City Impact Fees. Upon an application from
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 or defer 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
approval by the City Commission and cause that payment to be deposited in the fund or
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.
5. Section 4 of Ordinance 96-46 is hereby amended to read as follows:
Section 4. Waiver or Deferral qf Building Permit Fees. Upon an application from
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 or defer_the payment of building permit fees for the construction or
improvements being done by the Eligible Business in the Community Redevelopment Area
C~~ailable ~nds the amou~su~h buildit~
~'und or account in which C~B-' buildin~ hermit ~,,~,*
~)sited. For purposes of this Section 4, "building permit fees" means
fees charged by the City for reviewing and inspecting structural, mechanical,
gas and electrical construction in the City.
Section 6. If any part of this Ordinance is determined to be invalid or illegal, then the
portion of this Ordinance shall not be affected by such determination and shall
in full force and effect.
Section 7. This Ordinance shall become effective immediately upon its enactment by the
City Commission.
FIRST READING this [ q day of June, 2001.
SECOND, FINAL READING AND PASSAGE this ~ day of July, 2001.
CITY OF BOYNTON BEACH, FLORIDA
~.~Zmmissioner
Commissioner
LAP/imf
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