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 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.
3. 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.
B. Eligible Businesses. The City Commission does hereby determine that the economic development incentives contemplated by this section shall only be granted to new businesses or expanding existing businesses as hereinafter defined:
1. 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:
a. New Business -
(1) 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;
(2) 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 (1) or (2) above, first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business.
b. Expansion of an Existing Business-
(1) 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.
c. Eligible Business -
(1) A business that meets the criteria set forth herein for a new business or an expansion of an existing business, and
(2) Moves to or expands its operations to a location within a Planned Industrial District within the City of Boynton Beach, and
(3) Maintains its business operation at the levels referenced herein for a period of three (3) years after opening for business, and
(4) 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.
C. 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 section, 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. The City Commission may also decide to defer the payment of any impact fees by the Eligible Business. For the purpose of this division, “City impact fees” means a land development regulatory fee charged to a new development which creates a need for capital improvements.
D. Payment or Deferral of Building Permit Fees. Upon application of any eligible business, submitted prior to the issuance of a building permit, and upon a determination that the eligible business satisfies the requirements of this section, the City Commission may, as set forth in a Resolution:
1. Authorize payment on behalf of the eligible business all or part of building permit fees required by City Code; or
2. Defer payment of building permit fees for a time certain to be set forth in the body of the Resolution.
For the purpose of this section, "Building Permit Fees" means those fees charged by the City for structural, mechanical, plumbing, gas, and electrical review and inspection.
E. Fees Due if Facility Not Maintained. Notwithstanding the payment or deferral of City impact fees contemplated by division C. or the waiver or deferral of building permit fees contemplated by division D., 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.
F. 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, 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 section.
G. 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 section, 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 as 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.
H. 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 section 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.
I. 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.
(Ord. No. 96-47, §§ 1-9, 11-6-96; Ord. No. 01-32, §§ 2-4, 6-19-01)