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08-018 , I I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 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 17 07-034 to exempt outdoor restaurant seating from the payment of water and sewer capital 18 facilities charges; and 19 WHEREAS, the existing language allows for an interpretation that is contrary to the 20 original intent of Ordinance 07-034 which is to eliminate the capital facilities charge for outdoor 21 seating at restaurants in part of the Community Redevelopment Area; and 22 WHEREAS, City Commission of the City of Boynton Beach deems it to be in the best 23 'nterest of the citizens and residents of the City amend Ordinance 07-034 to correct and clarify 24 he language so that it accurately reflects the original intent. 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 26 ITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 ere in by this reference. 29 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: :\CA \Ordinances\Capital Facilities Charges (Outdoor Seating)071508.doc 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 2 3 4 5 6 7 8 9 II 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 :\CA \Ordinances\Capital Facilities Charges (Outdoor Seating)071508.doc 2 II amended shall remain in full force and effect as previously enacted. 2 Section 4. 3 are hereby repealed. 4 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. 10 II 12 13 14 15 ]6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 7 8 9 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) :\CA \Ordinances\Capital Facilities Charges (Outdoor Seating)071508.doc 3