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O96-47ORDINANCE NO.d96-~ A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PERTAINING TO ECONOMIC DEVELOPMENT IN THE PLANNED INDUSTRIAL DEVELOPMENT DISTRICT (PID); MAKING FINDINGS; AUTHORIZING CERTAIN ACTIONS AS INCENTIVES TO ECONOMIC DEVELOPMENT AND THE CREATION OF JOBS WITHIN THE CITY; AUTHORIZING ADDITIONAL ACTIONS TO BE TAKEN; AND PROVIDING 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, increased 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's Planned Industrial Zoning Districts it is necessary to create, establish and maintain an appr~opriate 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 ORDAINED BY THE CIT~ COMMISSION OF THE CITY OF BO~NTON BEACH, FLORIDA, THAT: JAC/lmh 9/26/96 900182.BB ECONRev.10/ll/96 Page 1 of 6 Section 1. Findings. (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 reduction or waivers be provided for new businesses locating within certain parts of the City zoned Planned Industrial Development (PID) 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. Eligible Businesses. The City Commission does hereby determine that the economic development incentives contemplated by this ordinance shall only be granted to new businesses or expanding existing businesses as hereinafter defined: Business - Any activity engaged in by any person, partnership, corporation or firm with the object of private or public gain, benefit, or advantage, either direct or indirect. A business is further and more specifically defined as follows: 1. New Business - A business establishing fifty (50) or more jobs to employ fifty (50) or more full-time employees in this City, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; JAC/lmh 9/26/96 900t82.BB ECONRev.10/ll/96 Page 2 of 6 JAC/lmh 9/26/96 900182.BB ECONRev,10/ll/96 An office space in this City owned and used by a corporation newly domiciled in this City; provided such office space houses fifty (50) or more full-time employees of such corporation. Provided that such businesses or office referred to in subsections a. or b. above, first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Expansion of an Existing Business - A business establishing fifty (50) or more jobs to employ fifty (50) or more full-time employees in the City, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plat. Provided that such business increases operations on a site co-located with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than twenty-five (25%) percent. Eligible Business - A business that meets the criteria set forth herein for a new business or an expansion of an existing business, and Moves to or expands its operations to a location within a Planned Industrial District within the City of Boynton Beach, and c. Maintains its business operation at the Page 3 of 6 levels referenced herein for a period of three (3) years after opening for business, and d. The wages paid to its full-time non- management employees must be on average a minimum of $12.74 per hour. Wages shall be defined as the total of the hourly wage, plus the cost of all fringe benefits paid on behalf of the employees. Section 3. Payment of City Impact Fees. Upon application of any Eligible Business submitted prior to the issuance of a building permit for construction of the Eligible Business' facility within the City and upon a determination that the' Eligible Business satisfies the requirements of this ordinance, the City Commission may, by ordinance and at its sole discretion, cause the City to pay from legally available funds all, or a portion of City impact fees by whatever name known that would have otherwise been paid by the Eligible Business for water and sewer service provided by the City. For the purpose of this Section 3, "City impact fees" means a land development regulatory fee charged to a new development which creates a need for capital improvements. Section 4. Waiver of Building Permit Fees. Upon application of any Eligible Business submitted prior to the issuance of a building permit for construction of the Eligible Business' facility within the City and upon a determination that the Eligible Business satisfies the requirements of this Ordinance, the City Commission may, by ordinance and at its sole discretion, cause the City to waive the all, or a portion of the payment by the Eligible Business of any building permit fee or charge imposed by the City pertaining to the facility being constructed by the Eligible Business within the City. For the purpose of this Section 4, "building permit fees" means those fees charged by the City for reviewing and inspecting structural, mechanical, plumbing, gas and electrical construction in the City. Section 5. Fees Due if Facility Not Maintained. JAC/lmh 9/26/96 900182.BB ECONRev.10/ll/96 Page 4 of 6 Notwithstanding the payment of City impact fees contemplated by Section 3 or the waiver of building permit fees contemplated by Section 4, the Eligible Business shall remain liable for and obligated to pay such fees if the Eligible 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 three (3) 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 the City Attorney who 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 a s 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 expertise of the City with such incentives and their effectiveness. Section 8. Non-vesting of Right. The power of the City Commission to grant the economic development incentives provided herein is a discretionary and legislative function of the City Commission. Neither the adoption of this Ordinance nor any subsequent act by the City Commission or the City Administration shall vest any person or entity with any right to the waiver of all or part of any fee as referenced herein. JAC/lmh 9/26/96 900182.BB ECONRev.10/ll/96 Page 5 of 6 Section 9. Appropriation of Funds. The City Commission prior to granting an economic incentive as provided herein shall either appropriate funds for the payment of such incentive, designate a specific funding source previously appropriated through the budget process, or waive such fees. Section 10. Severability. 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 11. Effective Date. This ordinance shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of ~//;~a~, 1996. ATTEST: City Clerk 9/26/96 900/82.~ CITY OF BOYNTON BEAC_~q~H _ FLORIDA o~ss~onor Page 6 of 6