A. Findings.
1. The recitals set forth above are hereby adopted and incorporated by reference herein to the same extent as if set forth here in full.
2. The City Commission does hereby find that it is necessary and appropriate and in the public interest that certain incentives in the form of fee reductions or waivers be provided for new businesses locating within the Community Redevelopment Area 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.
3. The City Commission does hereby find that the creation and use of such incentives and their application to certain business in the Community Redevelopment Area is in the public interest and furthers a public purpose.
4. The City Commission does hereby find that the economic incentives contemplated by this section are consistent with the goals, objectives and principles of the Community Redevelopment Plan for the Community Redevelopment Area, as adopted by Ordinance 90-21 enacted on August 7, 1990, and as expanded by Ordinance No. 00-59 (the "Community Redevelopment Plan"), and such incentives further the purposes of the Community Redevelopment Plan, and are intended to promote and encourage private enterprise within the Community Redevelopment Area as contemplated and provided by Part III, Chapter 163, Florida Statutes.
B. Eligible Business. The City Commission does hereby determine that the economic development incentives created and established by this chapter shall be granted to:
1. A business now located in the Community Redevelopment Area which is improving or enlarging its place of business within the Community Redevelopment Area or,
2. A business locating a new place of business within the Community Redevelopment Area.
Any business satisfying the conditions of this division is hereinafter referred to as an “Eligible Business,” which may, in its discretion, file an application with the City as provided below requesting one or more of the economic incentives established by this section subject to the review, discretion and approval of the City Commission. Nothing in this section is intended or should be construed or applied as creating or granting any vested right in any Eligible Business to be entitled to any or all of the economic incentives established by this section not that there is any obligation or duty on the part of the City or the City Commission to consider, approve, grant or provide any or all of the economic incentives established by this section to any person, including an Eligible Business.
C. Waiver of Impact Fees. Upon an application from an Eligible Business and recommendation of the City Manager as provided in Division E. below, the City Commission may, in its discretion and subject to such conditions as it may establish, waive or defer the payment of impact fees by the Eligible Business and the City shall pay from legally available funds the amount of such impact fees by whatever name known that would have otherwise been paid by the Eligible Business in the absence of such approval by the City Commission and cause that payment to be deposited in the fund or account in which the impact fees are customarily deposited. For purposes of this division, “impact fees” means a land development regulatory fee charged to new development which creates a need for capital improvements.
D. Waiver of Building Permit Fees. Upon an application from an Eligible Business and recommendation of the City Manager as provided in division E. below, the City Commission may, in its discretion and subject to such conditions as it may establish, waive or defer the payment of building permit fees for the construction or improvements being done by the Eligible Business in the Community Redevelopment Area and the City shall pay from legally available funds the amount of such building permit fees and causes such funds to be placed in the fund or account in which City building permit fees are customarily deposited. For purposes of this division, “building permit fees” means those fees charged by the City for reviewing and inspecting structural, mechanical, plumbing, gas and electrical construction in the City.
E. Water and Sewer Facilities Construction and Installation. Upon an application from an Eligible Business and recommendation of the City Manager as provided in division E. below, the City Commission may, in its discretion and subject to such conditions as it may establish, authorize and provide for the payment by the City of the cost to construct and install improvements to the City's water or sewer system, or both, which are not located on property owned by the Eligible Business, but which are necessary or required in order for the Eligible Business to locate in the Redevelopment Area. For purposes of this division, “improvements to the City's water and sewer system” means improvements not located on property owned by the Eligible Business such as lift stations, water lines, sewer lines, or oversized lines, but does not include any connections or any improvements located on property owned by the Eligible Business.
F. Procedure for Economic Incentive Applications. The City Manager shall establish appropriate forms and procedures for the filing of an application by an Eligible Business for any of the economic development incentives established by divisions C., D., and E. of this chapter. Upon receipt of an application the City Manager shall review the application and determine (1) the applicant is in fact an Eligible Business, (2) the economic development incentives established by this chapter are necessary and appropriate to encourage the Eligible Business to locate in the Redevelopment Area or to improve or enlarge an existing location within the Redevelopment Area, (3) the amount of funds necessary to pay for such economic development incentive being requested, and (4) sufficient funds are available to the City to pay such costs. Upon making such a determination, the City Manager shall notify the City Commission of the application and recommend to the City Commission whether the application should be approved, approved with conditions, or denied. The City Commission shall consider the application and the City Manager's recommendation at its next regular or special meeting following receipt of the City Manager's recommendation. At that time the City Commission may, in its discretion, accept the City Manager's recommendation or take such other action as the Commission deems to be necessary and appropriate, including establishing conditions to the approval of the economic development incentives that were not recommended by the City Manager, but the City Commission may not enlarge or increase the amount or extent of the economic development incentive beyond that requested by the Eligible Business in its application filed with the City Manager.
G. 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 section.
H. 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 established by this section, including information as to the number of new or enlarged or improved business facilities in the Redevelopment Area 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 Redevelopment Area and the amount of increase in the City's ad valorem tax base or other increases in City revenues. The City Manager may at any time make recommendations to the City Commission regarding the modification of economic development incentives or curtailing or eliminating them based upon the experience of the City with such incentives and their effectiveness.
(Ord. No. 96-46, §§ 1-8, 11-11-96; Ord. No. 01-31, §§ 1-5, 7-3-01)