13-011 1 ORDINANCE NO. 13 -011
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 PART III, CHAPTER 2, ARTICLE VI OF THE CITY OF
6 BOYNTON BEACH CODE OF ORDINANCES,
7 ENTITLED "IMPACT AND SELECTED FEES ", TO
8 CLARIFY THE USE OF PARK IMPACT FEE
9 PROCEEDS, PROVIDING FOR CONFLICTS,
101 PROVIDING FOR SEVERABILITY, PROVIDING FOR
11 i CODIFICATION, AND PROVIDING FOR AN
12 1 EFFECTIVE DATE.
13
14 ' WHEREAS, the City Commission desires to amend the City's Code of Ordinances to
15 update and clarify the provisions pertaining to the use and expenditure of Park Impact Fee
16 Proceeds; and
17 WHEREAS, the City Commission of the City of Boynton Beach believes these
18 revisions to its Code of Ordinances are consistent with and furthers the objectives and policies
19 of the City's Open Space and Recreation Element of the City's Comprehensive Plan; and
20 WHEREAS, the City Commission of the City of Boynton Beach believes these
21 revisions to its Code of Ordinances to be in the best interests of the health, safety, and welfare
22 of the residents, citizens, and businesses within the City of Boynton Beach.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing whereas clauses are true and correct and are now ratified
26 and confirmed by the City Commission.
27 Section 2. Part III, Chapter 2, Article VI, Section 2(G), of the City's Code of
28 Ordinances, Entitled "Use of Park Impact Fee Proceeds ", is hereby amended to read as
29 follows:
30 G. Use of Park Impact Fee Proceeds
I1 1
1 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, ON THE FIRST READING, THIS 7 DAY OF May, 2013.
PASSED ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, ON THE SECOND AND FINAL READING, THIS 4 DAY OF
June ,2013.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
8 �Y
8 ayor — rry for
9
10
11 t ;�x.- ��LJf� Ey
12 (ice -Mayor — Woodrow - -A,
13 1; "
15'
16 Commis ioner — David Merker
17'
18
19
20 Commissioner — Mich. 1 Fitzpatrick
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22
23 ATTEST:
24 I Co missioner- Joe Casello
25
26
27 d•, 1 •
28 Jan- M. Prainito, MMC
29 • Clerk
30
31 Gas Y 0A"
32
33 (Co . e
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35 S \C : l Ivan \ Ordinance - T Impact Fee doc
0 o '(!
' 0N
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1 1. The funds collected pursuant to the Park and Recreation Facilities Impact Fee
2 Ordinance shall be paid to the city, and placed in a trust fund to be known as the reserve
3 for parks and recreational facilities. •
4 a. This account shall be used solely for the . - . • • • - -, • -- - -- - - , - = -
5 • - - - -- - - . • - :. .. - . - - - purpose of
6 providing growth- necessitated capital improvements to the City Park System
7 including, but not limited to:
8
9 (1) Land acquisition, including any cost of acquisition;
10 (2) Cost related to the enhancement or expansion of existing City owned
11 parks or sites that the City maintains for recreational purposes;
12 (3) Fees for professional services, including but not limited to architecture,
13 engineering, surveying, landscaping, soils and material testing, legal,
14 appraisals, and construction management;
15 (4) Design and construction documents;
16 (5) Site development and on -site and off -site improvements incidental to
17 the construction thereto;
18 (6) Any permitting or application fees necessary for the construction;
19 (7) Design and construction of parks and recreational facilities;
20 (8) Design and construction of drainage facilities required by the
21 construction of parks and recreational facilities or improvements
22 thereto;
23 (9) Relocating utilities required by the construction of parks and
24 recreational facilities or improvements or additions thereto;
25 (10) Landscaping;
26 (11) Acquisition of capital equipment for the City Park System;
27 (12) Repayment of monies borrowed from any budgetary fund of the City
28 which were used to fund growth necessitated capital improvements to
29 the City Park System as provided herein;
30 (13) Payment of principal and interest, necessary reserves and costs of
31 issuance under any bonds or other indebtedness issued by the City to
32 fund growth- necessitated improvements and additions to the City Park
33 System subsequent to the effective date of this Ordinance; and
34 (14) Costs related to the administration, collection, and implementation of
35 the Park Impact Fees.
36
37 b. Funds shall be used first for the purpose of providing park or recreational
38 facilities reasonably related to serving the subdivision by purchasing land or by
39 improving the land for park and recreational purposes.
40 c. If both adequate land and improvements exist in the area, funds may be spent to
41 acquire or improve park and recreational facilities elsewhere in the city.
42 d. The expenditure of these funds shall accommodate increased utilization at City
43 owned or maintained parks or sites.
44 2. For purposes of this Section, Capital Improvements to the City Park System means
45 capital improvements, including land, land improvements, buildings, and equipment
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1 1. The funds collected pursuant to the Park and Recreation Facilities Impact Fee
2 Ordinance shall be paid to the city, and placed in a trust fund to be known as the reserve
3 for parks and recreational facilities.
4 i j a. This account shall be used solely for the acquisition, improvement, cxpansion or
5 • - . - -- - - . • . ... . . . • ' • - - purpose of
6 providing growth- necessitated capital improvements to the City Park System
7 including, but not limited to:
8
9 (1) Land acquisition, including any cost of acquisition;
10 (2) Cost related to the enhancement or expansion of existing City owned
11 parks or sites that the City maintains for recreational purposes;
12 (3) Fees for professional services, including but not limited to architecture,
13 engineering, surveying, landscaping, soils and material testing, legal,
14 appraisals, and construction management;
15 (4) Design and construction documents;
16 { (5) Site development and on -site and off -site improvements incidental to
17 the construction thereto;
18 (6) Any permitting or application fees necessary for the construction;
19 (7) Design and construction of parks and recreational facilities;
20 (8) Design and construction of drainage facilities required by the
21 construction of parks and recreational facilities or improvements
22 thereto;
23 (9) Relocating utilities required by the construction of parks and
24 recreational facilities or improvements or additions thereto;
25 (10) Landscaping;
26 (11) Acquisition of capital equipment for the City Park System;
27 (12) Repayment of monies borrowed from any budgetary fund of the City
28 which were used to fund growth necessitated capital improvements to
29 the City Park System as provided herein;
30 (13) Payment of principal and interest, necessary reserves and costs of
31 issuance under any bonds or other indebtedness issued by the City to
32 fund growth- necessitated improvements and additions to the City Park
33 System subsequent to the effective date of this Ordinance; and
34 (14) Costs related to the administration, collection, and implementation of
35 the Park Impact Fees.
36
37 b. Funds shall be used first for the purpose of providing park or recreational
38 facilities reasonably related to serving the subdivision by purchasing land or by
39 improving the land for park and recreational purposes.
40 c. If both adequate land and improvements exist in the area, funds may be spent to
41 acquire or improve park and recreational facilities elsewhere in the city.
42 d. The expenditure of these funds shall accommodate increased utilization at City
43 owned or maintained parks or sites.
44 2. For purposes of this Section, Capital Improvements to the City Park System means
45 capital improvements, including land, land improvements, buildings, and equipment
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1 having a useful life of at least five years and a cost of at least $5,000.00, necessary for
2 the provision of park and recreation services to new impact - generating development.
3 ' 3. The moneys deposited into the Reserve for Parks and Recreational Facilities Trust
4 Account shall be used solely to provide capital improvements to the City Park System
5 as necessitated by growth and shall not be used for any expenditure that would be
6 classified as a maintenance or repair expense.
7 4. Any Park Impact Fee funds on deposit which are not immediately necessary for
8 expenditure shall be invested by the City. All income derived from such investments
9 shall be deposited in the Reserve for Parks and Recreational Facilities Trust Account
10 and used as provided herein.
11 12 - ..• ... - -, ...
13 rcfund, only if such fccs have not been cxpcndcd or encumbered by thc end of thc fiscal
14 15 were paid.
16 3 So long as the park impact fccs have not been cxpcndcd or encumbered by thc city, the
17
18 .. - -• .... _.. ,. .. .' - .. .,
19 the sixth (6th) year upon which such fccs were paid. In addition to the requirements of
20
21 sixth (6th) y ar upon which such fccs were paid, thc petition for the refund must
22 include a justification as to thc reason for refund, and prior to any refund being
23 -
24 25 property and the expired development approvals, permits, and authorizations. • 26 . -- - :
27 .- .. •. . - ..- • ! ,
28 certified mail return rcccipt requested, and shall consist of:
29 (1) A notarized sworn statcmcnt that the applicant was the cntity that
30 paid thc impact fcc;
31 • .. -- .. - - • , • - -- -- •. --
32 such other record that would indicate payment/credit for such fcc;
33 • . - - .. :: •., .
34 ('1) A copy of the most recent ad valorem tax bill. • 35 • -- -• •! - -
36 refund:
37 (1) The Director of Recreation and Parks will advise the applicant of
38 the status of the request for refund; and
39
40 - . . - . ... ' - - -- - - - -
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1 portion thereof not spent or cnc - . - - - - - -
2 applicant.
3 c. For the purposes of this section, fees collected shall bc deemed to bc spent or
4 -- .. - .. -- -,
5 Section 3. Each and every other provision of the City of Boynton Beach Code of
6 Ordinances not herein specifically amended, shall remain in full force and effect as originally
7 adopted.
8 Section 4. If any clause, section, or other part or application this Ordinance shall
9 be held by any Court of competent jurisdiction to be unconstitutional or invalid, such
10 unconstitutional or invalid part or application shall be considered as eliminated and so not
11 affecting the validity of the remaining portions or applications remaining in full force and
12 effect.
13 Section 5. All Ordinances or parts of Ordinances in conflict herewith be and the
14 same are repealed to the extent of such conflict.
15 Section 6. It is the intention of the City Commission of the City of Boynton Beach
16 that the provisions of this Ordinance shall become and be made a part of the Code of
17 Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance
18 may be renumbered, or re lettered and the word "Ordinance" may be changed to "Section ",
19 "Article" or such other word or phrase in order to accomplish such intention.
20 Section 7. This Ordinance shall become effective immediately upon its passage
21 and adoption.
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