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O98-10ORDINANCE O98-/~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PERTAINING TO ECONOMIC DEVELOPMENT; MAKING FINDINGS, AUTHORIZING CERTAIN ACTIONS AS INCENTIVES TO ECONOMIC DEVELOPMENT AND THE CREATION OF JOBS WITHIN THE CITY; AUTHORIZING ADDITIONAL ACTIONS TO BE TAKEN, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, sustained and positive economic growth within the corporate limits of the City of Boynton Beach, Florida (the "City"), is necessary, essential and conducive to the quality of life and the economic well-being of the citizens of the City; 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 thereby supporting and benefiting other businesses within the City; and WHEREAS, in order to initiate, establish and sustain positive economic growth within the City it is necessary to create, establish and maintain an appropriate and supportive regulatory and governmental environment within the City while still protecting the public interest and the public health, safety and welfare; and WHEREAS, it is necessary for the City to determine if economic development will more likely occur if certain incentives are provided by the City which are appropriate for the benefit being received and which serve the public interest and promote the public purpose of improving the physical and economic condition of the City. ! NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section '1. Findinqs. (a) The recitals set forth above are hereby adOpted and incorporated by reference herein to the same extent as if set forth here in full. (b) The City Commission does hereby find that it is necessary and appropriate that certain incentives in the form of fee reductions, or off-sets be provided for new and .expanding businesses locating within the City in order to promote economic growth, to expand the ad valorem tax baSe, to increase job opportunities for all citizens of the City, and to improve the economic condition of the City and its residents and citizens. , (c) The City Commission does hereby find that the creation of such incentives and their application ~to certain businesses is in the public interest and furthers a public purpose. Section 2. Applicable Businesses. The City Commission does hereby determine that the economic development incentives contemplated by this Ordinance shall be granted to a business expanding its corporate headquarters, locating a new corporate headquarters, expanding its manufacturing and industrial facility, or locating a new manufacturing and industrial facility within the corporate limits of the City, and which employs a minimum of fifty (50) employees at that headquarters or facility location upon opening a business or within one (1) calendar year after opening for business. Any business satisfying the conditions of this Section 2 is hereinafter referred to as an "Applicable B.usiness." Section 3. Payment of Impact Fees. Upon application of any Applicable Business submitted prior to the issuance of a building permit for construction of the Applicable Business facility within the City and upon a determination that the Applicable Business satisfies the requirements of this ordinance, the City Manager may authorize the City to pay from legally available funds some or all impact fees by whatever name known that would have otherwise been paid by the Applicable Business for water and sewer service provided by the City. Section 4. Off-set of Building Permit Fees. Upon application of any Applicable Business submitted prior to the issuance of a building permit for construction of the Applicable Business' facility within the City and upon a determination that the Applicable Business satisfies the requirements of this ordinance, the City Manager may cause the City to off-set some or all of the payment by the Applicable Business of any building permit fee or charge imposed by the City pertaining to the facility being constructed by the Applicable Business within the City. Section 5. Fees Due if Facility Not Maintained. Notwithstanding the payment of impact fees contemplated by Section 3 or the off-set of building permit fees contemplated by Section 4, the Applicable Business shall remain liable for and obligated to pay such fees if the Applicable Business fails to maintain the corporate headquarters or manufacturing an industrial facility in the City or fails to employ at least fifty (50) individuals at that facility for a period of five (5) years following the issuance of the certificate of occupancy for the facility. Section 6. Implementing Actions Authorized. The appropriate City officials are hereby authorized and directed to take such actions as are necessary to implement the provisions of this ordinance, including that the City Attorney is authorized to prepare such other resolutions or such ordinances as may be necessary to provide for the payment or waiver contemplated by this ordinance. Section 7. Reports to the City Commission. The City Manager is hereby directed to periodically from time to time report to the City Commission as to the use of the economic development incentives contemplated by this ordinance, including information as to the number of new business facilities in the City subject to such incentives, the number requesting such incentives, the dollar value of the incentives to the businesses requesting them, and the number of jobs created as a result of such facilities being located within the City and the amount of increase in the City's ad valorem tax base. The City Manager may at any time make recommendations to the City Commission regarding the enlargement of economic development incentives or curtailing or eliminating them based upon the experience of the City with such incentives and their effectiveness. Section 8. Separability. If any part of this ordinance is determined to be invalid or illegal, then the remaining portion of this ordinance shall not be affected by such determination and shall remain in full force and effect. Section 9. Effective Date. immediately upon passage. This ordinance shall become effective "r PASSED ON FIRST READING THE/,'"//day of Februaryl 1998. PASSED SECOND READING the ~¢1 day of, March, 1998. ATTEST: c~~~~ CITY OF BOYNT~~//~.,FLORIDA / , Vic_e Mayor / .~,~$i~- r (~°mmissi°ner