15-009 1 ORDINANCE NO. 15 -009
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING PART II, CHAPTER 2,
5 ARTICLE XII, SECTION 2- 163(b) OF THE CODE OF
6 ORDINANCES ENTITLED "ESTABLISHMENT OF
7 PUBLIC ART FEE" TO PROVIDE FOR ADDITIONAL
8 EXEMPTIONS TO THE PUBLIC ART FEE, PROVIDING
9 FOR CONFLICTS, PROVIDING FOR SEVERABILITY,
10 PROVIDING FOR CODIFICATION AND PROVIDING
11 FOR AN EFFECTIVE DATE.
12
13 WHEREAS, the City Commission has established that all development,
14 redevelopment, reconstruction or remodeling projects commenced after the adoption of this
15 article which have a construction value of $250,000.00 or greater, shall participate in the Art
16 in Public Places Program by paying a public art fee; and
17 WHEREAS, the City Commission have also provided for certain exemptions to the
18 required participation in the Art in Public Places Program; and
19 WHEREAS, the Ci ty Commission, deems it appropriate and in the best interests of
20 the citizens and residents of the City of Boynton Beach to expand the exemptions to include
21 normal, routine maintenance including replacement of existing damaged or failing structural
22 or non - structural elements, HVAC, plumbing, electric, or fire detection/suppression
23 equipment of a project not associated with an addition, renovation or new construction.
24 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
25 BOYNTON BEACH, FLORIDA:
26 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
27 as being true and correct and are hereby made a specific part of this Ordinance upon adoption
28 hereof, as if fully set forth herein.
29 Section 2. Part II, Chapter, 2, Article XII, Section 2 -163 (b) of the Code of
30 Ordinances entitled "Establishment of Public Art Fee," is amended to read as follows:
{00055541.2306- 9001821 )
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
31 (b) The following types of projects are exempt from the payment of the public art
32 fee:
33
34 (1) Remodeling, repair or reconstruction of structures damaged by fire, flood,
35 wind, earthquake or other calamity determined by the City of Boynton Beach
36 Building Official.
37
38 (2) The percent of the project dedicated to affordable housing as defined by the
39 Boynton 9 Ci of o ton Beach
City Y
40
41 (3) All projects which were submitted prior to or on October 5, 2005,
42 notwithstanding any subsequent request for site plan extension.
43
44 (4) Single - family and two - family in -fill housing.
45
46 (5) Normal, routine maintenance including replacement of existing damaged or
47 failing structural or non - structural elements, HVAC, plumbing, electric, or fire
48 detection/suppression equipment of a project not associated with an addition,
49 renovation or new construction.
50
51
52 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be
53 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in
54 no way affect the validity of the remaining portions of this Ordinance.
55 Section 5. It is the intention of the City Commission of the City of Boynton Beach,
56 Florida, that the provisions of this Ordinance shall become and be made a part of the City of
57 Boynton Beach Code of Ordinances; and that the sections of this ordinance may be
58 renumbered or relettered and the word "ordinance" may be changed to "section," "article," or
59 such other appropriate word or phrase in order to accomplish such intentions.
60 Section 6. This Ordinance shall become effective on the date of second reading set
61 forth below. All changes, additions, and implementation of any rate or fee shall take effect
62 immediately.
63 SIGNATURE PAGE FOLLOWS.
64
(00055541.2 306 - 9001821 }
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
65 FIRST READING this 2nd day of March, 2015.
66 SECOND, FINAL READING AND PASSAGE this 01 day of MPRcii ,
67 2015.
68 CITY OF BOYNTON BEACH, FLORIDA
69
70 YES NO
71
72 Mayor — Jerry Taylor ✓
73
74 Vice Mayor — Joe Casello ✓
75 /
76 Commissioner — David T. Merker
1 77
78 Commissioner — Mack McCray ✓
79 /
80 Commissioner — Michael M. Fitzpatrick �/
81
82
83 VOTE 5 0
84
85 ATTEST:
86
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88 � ' a _ - Yn •
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9 P Clerk
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{00055541.2 306 - 9001821 }
Words in strike-through type are deletions from existing law;
Words in underlined type are additions.