08-018
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ORDINANCE NO. 08- 0/8'
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, "CAPIT AL 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 IN PART OF
THE COMMUNITY REDEVELOPMENT AREA; AND
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach approved Ordinance
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07-034 to exempt outdoor restaurant seating from the payment of water and sewer capital
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facilities charges; and
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WHEREAS, the existing language allows for an interpretation that is contrary to the
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original intent of Ordinance 07-034 which is to eliminate the capital facilities charge for outdoor
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seating at restaurants in part of the Community Redevelopment Area; and
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WHEREAS, City Commission of the City of Boynton Beach deems it to be in the best
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'nterest of the citizens and residents of the City amend Ordinance 07-034 to correct and clarify
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he language so that it accurately reflects the original intent.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
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ITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth above is true and correct and incorporated
28 ere in by this reference.
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Section 2.
That Chapter 26, entitled "Water, Sewers and City Utilities", Article II,
30 ection 26-34, is hereby amended in part by amending paragraph (A) as follows:
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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:
* * *
(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 outdoor seating 00
private property as long as said outdoor seating does not exceed 50% of the total
customer seating provided by the restaurant at that location. All outdoor seating at
restaurants located '.vithin a miKed use project approved within a mixed use zoning
district allowing a mix of uses in the Community Redevelopment Area, or restaurants
located within a public building or the Public Usage Zoning District are exempt from the
capital facilities charge.
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.
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.
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 of that portion of
the capital facilities which has been paid.
* * *
Section 3.
Each and every other prOVlSlon of Chapter 26, not herein specifically
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amended shall remain in full force and effect as previously enacted.
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Section 4.
3 are hereby repealed.
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Section 5.
All ordinances or parts of ordinances in conflict herewith be and the same
Should any section or provision of this ordinance or portion hereof, any
5 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
6 decision shall not affect the remainder of this ordinance.
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adoption.
Section 6.
Section 7.
Authority is hereby granted to codify said ordinance.
This ordinance shall become effective immediately upon its passage and
FIRST READING this ~ day of .Ju. \1 ,2008.
SECOND, FINAL READING AND PASSAGE this ~ day Of~, 2008.
CITY OF BOYNTON BEACH, FLORIDA
h~
,_.,
M. Prainito, CMC
Clerk
Commissioner - Marlene Ross
CORPORATE SEAL)
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