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:
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CITY OF BOYNT~~//~.,FLORIDA
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