O97-02ORDINANCE ,~'~'-,~?
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING CHAPTER 26, WATER, SEWERS AND
CITY UTILITIES, BY AMENDING SECTIONS 26-
34(A), PROVIDING FOR AN EXEMPTION TO
CAPITAL FACILITIES CHARGES FOR TEMPORARY
RESTAURANT SEATING ON PRIVATE PROPERTY
AND NOT WITHIN THE PUBLIC RIGHT-OF-WAY
DURING THE MONTHS OF NOVEMBER
THROUGH APRIL; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City CommiSsion of the City of Boynton Beach, Florida'
has reviewed Chapter 26, Water, Sewers and City Utilities, of the Code of
Ordinances of the City of Boynton Beach; and
WHEREAS, the City Commission has determined that there should be no
capital facilities charge for restaurant seating that is situated on private property
on a temporary basis during the months of November through April, commonly
referred to as the "season"; and
WHEREAS, the City Commission has found through staff
recommendation and study that any impacts from temporary or seasonal seating
would be immeasurable system-wide; and
WHEREAS, the City Commission has deemed it to be in the best
interests of the residents and businesses of the City that Section 26-34(A) of the
Code of Ordinances be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 26 Water, Sewers and City Utilities, Section
26-34(A) is hereby amended by adding the following paragraph to the
subsection, as follows:
Sec. 26-34. Capital facilities and charges and connection charges.
...said capital facilities charge is designed to cover the cost
of existing or additional raw water production facilities, water
treatment facilities and water distribution facilities together with
sewage transmission facilities either existing or additions or
improvements thereto which will be utilized by the city to provide
water and sewer service to said property. Said capital facilities
charge shall be paid or in part credited if appropriate upon the
issuance of the first building permit issued on the owner's property
and shall be computed based upon the rate in effect upon that
date.
A capital facilities charge shall not be assessed to
restaurants for temporary outdoor seating on private property.
"Temporary" shall be defined as tables and seating arranged and
utilized during the months of November through April, commonly
referred to as the "season." Tables, chairs and benches utilized
for temporary seating shall be removed and stored during the
months of May through October. Any permissible permanent
seating, whether ind°ors or outdoors, shall continue to be
assessed capital facilities charges. Under no circumstances shall
any permanent or temporary seating be located partially or
completely within required parking spaces, easements, fire lanes,
access aisles, or the public right-of-way.
If oversizing funding has been carried out by a developer (or
developers) that funding will have a capital facilities charge
credited in an amount no greater than the oversizing charge...
Section 2. That each and every other provision of Chapter 26 not
herein specifically amended shall remain in full force and effect as previously
enacted.
Section 3. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 4. Should any section or provision of this ordinance or any
portion thereof be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the remainder of this ordinance.
Section 6.
Section 7.
passage.
FIRST READING this
Authority is hereby given to codify this Ordinance.
This ordinance shall become effective immediately
upon
1997.
~/ day of /~--'~z,,~R¢ , 1997.
SECOND, FINAL READING AND PASSAGE this /,~¢ day
ATTEST:
CRC Clerk
CITY OF BOYNTON BEACH, FLORIDA
Cdmmissioner
C/(~missioner