House Bill 4127e1
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HB 4127, First Engrossed/ntc
1 A bill to be entitled
2 An act relating to the Delray Beach Downtown
3 Development Authority, Palm Beach County;
4 amending chapter 71-604, Laws of Florida, as
5 amended, by amending the Delray Beach Downtown
6 Development Authority area description to
7 provide for inclusion of properties west of
8 Swinton Avenue westward of the current Downtown
9 Development Authority area to include those
10 properties lying approximately south of N.W.
11 1st Street, and properties lying north of S.W.
12 1st Street, bounded generally on the west by
13 Interstate 95, all such properties lying within
14 the municipal boundaries of the City of Delray
15 Beach; providing for seven members on the board
16 for the Delray Beach Downtown Development
17 Authority; providing that four members of the
18 Board of Directors of the Delray Beach Downtown
19 Development Authority shall be owners of realty
20 within the Downtown Area, a lessee required by
21 the lease to pay taxes, or a director, officer,
22 or managing agent of an owner or of a lessee
23 thereof so required to pay taxes thereon;
24 requiring at least four affirmative votes of
25 the authority to take any action; authorizing
26 the authority to actively participate in plans
27 and programs to encourage economic development
28 and the promotion of downtown; providing an
29 effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
1
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HB 4127, First Engrossed/ntc
1 Section 1. Section 3 of chapter 71-604, Laws of
2 Florida, as amended, is amended to read:
3 (Substantial rewording of section. See
4 section 1 of ch. 94-476, Laws of Florida,
5 for present text.)
6 Section 1. DOWNTOWN AREA DESCRIPTION--
7 The Downtown area includes all lands lying
8 within boundaries described as: Beginning at a
9 point on the intersection of the High Water
10 Mark of the Atlantic Ocean and the easterly
11 projection of the north line of the south half
12 of Lot 13, Plat of the Fractional East Half
13 Section 16, Township 46 South, Range 43 East
14 (according to the plat thereof as recorded in
15 Plat Book 1, page 25 of the Public Records of
16 Palm Beach County, Florida); thence in a
17 westerly direction along said easterly
18 projection, and the north line of the south
19 half of said Lot 13, and the westerly
20 projection thereof, to the centerline of the
21 right of way for Andrews Avenue; thence
22 southerly along said centerline to the easterly
23 projection of the south property line of the
24 Beach Cabanas Condominium; thence westerly
25 along said easterly projection, and said south
26 property line to the west property line of the
27 Beach Cabanas Condominium; thence northerly
28 along the west property line of said Beach
29 Cabanas Condominium to the south property line
30 of the Grove Condominium; thence westerly along
31 said south property line to the east plat limit
2
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HB 4127, First Engrossed/ntc
1 of Seabreeze Park Subdivision (according to the
2 plat thereof as recorded in Plat Book 4, Page
3 31 of the Public Records of Palm Beach County,
4 Florida); thence north along said east plat
5 limit to the northeast corner of Lot 21, of
6 said Plat of Seabreeze Park; thence westerly
7 along the north line of said Lot 21 and the
8 westerly projection thereof to the west plat
9 limit of Seabreeze Park; thence southerly along
10 said west plat limit to the southeast corner of
11 Lot 29, Lowry Park Estates (according to the
12 plat thereof as recorded in Plat Book 24, Page
13 156 of the Public Records of Palm Beach County,
14 Florida); thence in a northwesterly direction
15 to the southwest corner of said Lot 29; thence
16 continuing along the extension of said line to
17 the intersection with the west right of way
18 line of East Road (as shown on the said plat of
19 Lowry Park Estates); thence southwesterly along
20 said west right of way line to the northeast
21 corner of Barr Terrace Condominium; thence
22 southerly along the east property line of the
23 Barr Terrace Condominium and the southerly
24 extension thereof to a point of intersection
25 with the south right of way line of East
26 Atlantic Avenue (also known as State Road 806);
27 thence westerly along said south right of way
28 line of East Atlantic Avenue to the
29 intersection of the centerline of the
30 Intracoastal Waterway right of way; thence
31 northerly along said centerline of the
3
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HB 4127, First Engrossed/ntc
1 Intracoastal Waterway to the intersection with
2 the easterly projection of the centerline of
3 N.E. 1st Street right of way; thence westerly
4 along said easterly projection, and the
5 centerline of N.E. 1st Street right of way to a
6 point of intersection with the southerly
7 projection of the west line of Lot 20, Block
8 115, Town of Linton (according to the plat
9 thereof as recorded in Plat Book 1, Page 3 of
10 the Public Records of Palm Beach County,
11 Florida); thence northerly along said southerly
12 projection of the west line of said Lot 20 to
13 the southwest corner of said Lot 20; thence
14 northerly along the west lot lines of Lots 20,
15 19, 18, 17, 16, 15, 14, 13, 12, and 11 of said
16 Block 115 to the northwest corner of Lot 11, of
17 said Block 115; thence northerly along the
18 northern projection of the west line of said
19 Lot 11 to the southwest corner of Lot 20, Block
20 114, said plat of the Town of Linton; thence
21 northerly along the west line of Lots 20, 19,
22 18, 17, 16, 15, 14, 13, 12 and Lot 11 of said
23 Block 114, to the northwest corner of Lot 11,
24 of said Block 114; thence northerly along the
25 northern projection of the west line of said
26 Lot 11 to the southwest corner of Lot 14, Block
27 113, Highland Park (according to the plat
28 thereof as recorded in Plat Book 2, Page 79 of
29 the Public Records of Palm Beach, Florida);
30 thence northerly along the west line of Lots
31 14, 13, 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and
4
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HB 4127, First Engrossed/ntc
1 1 of said Block 113 to the northwest corner of
2 Lot 1, of said Block 113; thence northerly
3 along the northern projection of the west line
4 of said Lot 1 to the intersection with the
5 centerline of the right of way of N.E. 4th
6 Street; thence westerly along said centerline
7 of N.E. 4th Street to the centerline of the
8 right of way of N.E. 1st Avenue; thence
9 southerly along said centerline of N.E. 1st
10 Avenue to the intersection with the centerline
11 of the right of way of N.E. 3rd Street; thence
12 easterly along said centerline of N.E. 3rd
13 Street to the intersection of the northern
14 projection of the east property line of Lot 1,
15 Block 74, plat of the Subdivision of Block 74
16 (according to the plat thereof as recorded in
17 Plat Book 11, Page 12 of the Public Records of
18 Palm Beach, Florida); thence southerly along
19 said projection, to the northeast corner of Lot
20 1 of said plat of the Subdivision of Block 74;
21 thence southerly along the east line of Lots 1,
22 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, and the
23 southerly projection of the east line of Lot 12
24 of said plat of the Subdivision of Block 74 to
25 the northeast corner of Lot 1, Block 75, said
26 plat of the Town of Linton; thence southerly
27 along the east line of Lots 1, 2, 3, 4, 5, and
28 6, said Block 75, to the northeast corner of
29 Lot 7 of said Block 75; thence westerly along
30 the north line of Lot 7, Block 75 and the
31 westerly projection of said north line of Lot
5
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HB 4127, First Engrossed/ntc
1 7, Block 75, to the centerline of the N.E. 1st
2 Avenue right of way; thence southerly along
3 said centerline of N.E. 1st Avenue right of way
4 to its intersection with the centerline of N.E.
5 1st Street; thence westerly along said
6 centerline of N.E. 1st Street to the
7 intersection with the centerline of the Swinton
8 Avenue right of way and N.W. 1st Street; thence
9 in a westerly direction along the centerline of
10 N.W. 1st Street to a point of intersection with
11 the centerline of N.W. 3rd Avenue; thence in a
12 southerly direction along the centerline of
13 N.W. 3rd Avenue to a point of intersection with
14 the easterly extension of the north lot line of
15 Lot 6, Revised Plat of Block 36, Plat Book 5,
16 Page 38, as recorded in the public records of
17 Palm Beach County, Florida; thence in a
18 westerly direction along said extension, and
19 the north line of said Lot 6, and the westerly
20 extension thereof, to a point of intersection
21 with the centerline of the north/south alley of
22 said Revised Plat of Block 36; thence in a
23 northerly direction along said centerline to a
24 point of intersection with the easterly
25 extension of the south line of Lot 21, of said
26 Revised Plat of Block 36; thence in a westerly
27 direction along said extension line, and the
28 south line of said Lot 21, and the westerly
29 extension thereof, to a point of intersection
30 with the centerline of N.W. 4th Avenue; thence
31 in a northerly direction along said centerline
6
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HB 4127, First Engrossed/ntc
1 to a point of intersection with the centerline
2 of N.W. 1st Street; thence in a westerly
3 direction along the centerline of N.W. 1st
4 Street to a point of intersection with the
5 southerly extension of the centerline of the
6 north-south alley of Block 27, said plat of the
7 Town of Linton (north half of block has since
8 been replatted to the Plat of Resubdivision of
9 Block 27, Plat Book 21, page 43, as recorded in
10 the Public records of Palm Beach County,
11 Florida); thence in a northerly direction along
12 said extension line, and said centerline of the
13 north-south alley, and the northerly extension
14 of said centerline to point of intersection
15 with the centerline of N.W. 2nd Street; thence
16 in a westerly direction along the centerline of
17 N.W. 2nd Street to a point of intersection with
18 the northerly extension of the west line of Lot
19 1, Plat of Melvin S. Burd Subdivision, Plat
20 Book 11, Page 73, as recorded in the public
21 records of Palm Beach County, Florida; thence
22 in a southerly direction along said extension,
23 and west lot lines of Lots 1, 2, 3, 4, 5, 6, 7,
24 and 8, said Plat of Melvin S. Burd Subdivision,
25 to a point at the south west corner of said lot
26 8; thence in a westerly direction along the
27 westerly extension of the south line of said
28 Lot 8, and the south line of Lot 16, said Plat
29 of Melvin S. Burd Subdivision, to a point of
30 intersection of a line 135 feet east of and
31 parallel with, the west line of Block 19, said
7
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HB 4127, First Engrossed/ntc
1 plat of the Town of Linton; thence in a
2 southerly direction along said parallel line to
3 a point of intersection with a line 135 feet
4 north of and parallel with, the south line of
5 said Block 19; thence in a westerly direction
6 along said line to a point of intersection with
7 a line 165 feet west of and parallel with, the
8 east line of said Block 19; thence in a
9 southerly direction along said line, and
10 southerly extension thereof, to a point of
11 intersection with the centerline of N.W. 1st
12 Street; thence in an easterly direction along
13 said centerline to the point of intersection
14 with the northerly extension of a line 135 feet
15 east of and parallel with, the west line of
16 Block 20, said plat of the Town of Linton;
17 thence in a southerly direction along said
18 extension and parallel line to a point of
19 intersection with a line 300 feet south of and
20 parallel with, the north line of said Block 20;
21 thence in westerly direction along said
22 parallel line to a point of intersection with
23 the west line of said Block 20; thence in a
24 westerly direction to a point at the southeast
25 corner of Lot 17, Block 12, of the Plat of the
26 Monroe Subdivision, Plat Book 14, Page 67, as
27 recorded in the public records of Palm Beach
28 County, Florida; thence in westerly direction
29 along the south line of said Lot 17, and
30 westerly extension thereof, to a point of
31 intersection with the centerline of the
8
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HB 4127, First Engrossed/ntc
1 north-south alley of said Block 12, Monroe
2 Subdivision; thence in a northerly direction
3 along said centerline to a point of
4 intersection with the easterly extension of the
5 north line of Lot 26, of said Block 12, Monroe
6 Subdivision; thence in a westerly direction
7 along said extension, and north line of said
8 Lot 26, and westerly extension thereof, to a
9 point of intersection with the centerline of
10 N.W. 7th Avenue; thence in a southerly
11 direction along said centerline to a point of
12 intersection with the easterly extension of the
13 south line of Lot 17, Block 4, said Plat of
14 Monroe Subdivision; thence in a westerly
15 direction along said extension, and the south
16 line of said Lot 17, and the westerly extension
17 thereof, and the south line of Lot 26 and 25,
18 Block 4, said Plat of Monroe Subdivision, and
19 the westerly extension of said Lot 25 to a
20 point of intersection with the centerline of
21 N.W. 8th Avenue; thence in a northerly
22 direction along said centerline to a point of
23 intersection with the easterly extension of the
24 south line of the Plat of West Side Heights,
25 Plat Book 13, Page 61, as recorded in the
26 public records of Palm Beach County, Florida;
27 thence in an westerly direction along said
28 extension, and the south line of said Plat of
29 West Side Heights, and the westerly extension
30 thereof, to a point of intersection with the
31 centerline of N.W. 10th Avenue; thence in a
9
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HB 4127, First Engrossed/ntc
1 southerly direction along said centerline to a
2 point of intersection with the easterly
3 extension of the north line of Lot 11, Block 2,
4 Plat of Atlantic Pines, Plat Book 13, Page 77,
5 as recorded in the public records of Palm Beach
6 County, Florida; thence in a westerly direction
7 along said extension, and the north line of
8 said Lot 11, and the westerly extension of the
9 north line of said Lot 11, and the north line
10 of Lot 30, of said Block 2, and the westerly
11 extension of the north line of Lot 30 to a
12 point of intersection with the centerline of
13 N.W. 11th Avenue; thence in an westerly
14 direction to a point at the northeast corner of
15 Lot 14, Block 1, said Plat of Atlantic Pines;
16 thence in a westerly direction along the north
17 line of said Lot 14, and the westerly extension
18 thereof to a point of intersection with the
19 centerline of the north-south alley in Block 1,
20 said Plat of Atlantic Pines; thence in a
21 southerly direction along said centerline to a
22 point of intersection with the easterly
23 extension of the north line of Lot 34, of said
24 Block 1; thence in a westerly direction along
25 said extension, and the north line of said Lot
26 34, and the westerly extension thereof, to a
27 point of intersection with the centerline of
28 N.W. 12th Avenue; thence in a southerly
29 direction along said centerline to a point of
30 intersection with the easterly extension of the
31 south line of Lot 21, Block 1, Plat of Atlantic
10
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HB 4127, First Engrossed/ntc
1 Park Gardens, Plat Book 14, Page 56, as
2 recorded in the public records of Palm Beach
3 County, Florida; thence in a westerly direction
4 along said extension, and south line of said
5 Lot 21, and westerly extension thereof, and the
6 south line of Lot 12, Block 1, said Plat of
7 Atlantic Park Gardens, and the westerly
8 extension thereof, to a point of intersection
9 with centerline of N.W. 13th Avenue; thence in
10 a westerly direction to a point at the
11 southeast corner of Lot 12, Block 1, Plat of
12 Odmanns Subdivision, Plat Book 4, Page 53, as
13 recorded in the public records of Palm Beach
14 County, Florida; thence in a westerly direction
15 along the south line of said Lot 12, and the
16 westerly extension thereof, and the south line
17 of Lot 21, Block 1, said Plat of Odmanns
18 Subdivision, to a point at the southwest corner
19 of said Lot 21; thence in a southerly direction
20 to a point at the northwest corner of Lot 21,
21 Block 4, said Plat of Odmanns Subdivision;
22 thence in an easterly direction along the north
23 line of said Lot 21, and the easterly extension
24 thereof, and the north line of Lot 12, said
25 Block 4, and the easterly extension thereof, to
26 a point of intersection with the centerline of
27 S.W. 13th Avenue; thence in an easterly
28 direction to a point at the northwest corner of
29 Lot 12, Block 2, said Plat of Atlantic Park
30 Gardens; thence in an easterly direction along
31 the north line of said Lot 12, and the easterly
11
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HB 4127, First Engrossed/ntc
1 extension thereof, and the north line of Lot
2 21, of said Block 2, and the easterly extension
3 thereof, to a point of intersection with the
4 centerline of S.W. 12th Avenue; thence in a
5 southerly direction along said centerline to a
6 point of intersection with the westerly
7 extension of the south line of Lot 13, Block 5,
8 Plat of Atlantic Gardens, Plat Book 14, Page
9 63, as recorded in the public records of Palm
10 Beach County, Florida; thence in an easterly
11 direction along said extension, and the south
12 line of said Lot 13, and easterly extension
13 thereof, and the south line of Lot 22, and the
14 easterly extension thereof, to a point of
15 intersection with centerline of S.W. 11th
16 Avenue; thence in a southerly direction along
17 said centerline to a point of intersection with
18 the westerly extension of the south line of Lot
19 15, Block 8, said Plat of Atlantic Gardens;
20 thence in an easterly direction along said
21 extension, and the south line of said Lot 15,
22 and the easterly extension thereof, and the
23 south line of Lot 24, of said Block 8, and the
24 easterly extension thereof, to a point of
25 intersection with the centerline of S.W. 10th
26 Avenue; thence in an easterly direction to a
27 point at the southwest corner of Lot 10, Block
28 1, Plat of Belair Heights, Plat Book 20, Page
29 45, as recorded in the public records of Palm
30 Beach County, Florida; thence in an easterly
31 direction along the south line of said Lot 10,
12
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HB 4127, First Engrossed/ntc
1 and the easterly extension thereof, and the
2 south line of Lot 19, of said Block 1, and the
3 easterly extension thereof, to a point of
4 intersection with the centerline of S.W. 9th
5 Avenue; thence in a southerly direction along
6 said centerline to a point of intersection with
7 the westerly extension of the south line of Lot
8 6, Block 2, said Plat of Belair Heights; thence
9 in an easterly direction along said extension,
10 and the south line of said Lot 6, to a point at
11 the southeast corner of said Lot 6; thence in a
12 northerly direction along the east line of said
13 Lot 6, and Lot 5, to a point of intersection
14 with a line 250 feet north of, and parallel
15 with, the south line of Lot 9, Plat of the
16 Subdivision of 17-46-43, Plat Book 1, Page 4,
17 as recorded in the public records of Palm Beach
18 County, Florida; thence in an easterly
19 direction along said line to a point of
20 intersection with the centerline of S.W. 8th
21 Avenue; thence in a southerly direction along
22 said centerline to a point of intersection with
23 the westerly extension of the south line of Lot
24 16, Block 5, Plat of the Subdivision of Block
25 5, Plat Book 21, Page 43, as recorded in the
26 public records of Palm Beach County, Florida;
27 thence in an easterly direction along said
28 extension, and the south line of Lot 16 and Lot
29 25, of said Block 5, and the easterly extension
30 of the south line of said Lot 25, to a point of
31 intersection with the centerline of S.W. 7th
13
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HB 4127, First Engrossed/ntc
1 Avenue; thence in an easterly direction to the
2 point of intersection of a line 385 feet south
3 of, and parallel with, the north line Block 13,
4 said Plat of the Town of Linton, and the west
5 line of said Block 13; thence in an easterly
6 direction along said parallel line to a point
7 of intersection with a line 135 west of, and
8 parallel with, the east line of said Block 13;
9 thence in a northerly direction along the
10 directly aforementioned parallel line to a
11 point of intersection with a line 250 feet
12 north of, and parallel with, the south line of
13 said Block 13; thence in an easterly direction
14 along the directly aforementioned parallel line
15 to a point of intersection with the centerline
16 of S.W. 6th Avenue; thence in a northerly
17 direction along said centerline to a point of
18 intersection with a line 290 north of, and
19 parallel with, the south line of Block 21, said
20 Plat of the Town of Linton; thence in an
21 easterly direction along said parallel line to
22 a point of intersection with a line 135 feet
23 east of, and parallel with, the west line of
24 said Block 21; thence in a southerly direction
25 along directly aforementioned parallel line to
26 a point of intersection with the centerline of
27 S.W. 1st Street; thence in an easterly
28 direction along said centerline to a point of
29 intersection with the southerly extension of
30 the west line of Lot 27, Block 29, Plat of the
31 Resubdivision of Blocks 29 & 37, Plat Book 9,
14
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HB 4127, First Engrossed/ntc
1 Page 66, as recorded in the public records of
2 Palm Beach County, Florida; thence in a
3 northerly direction along said extension, and
4 the west line of Lots 27, 26, 25, 24, 23, 22,
5 21, 20, 19, 18, 17, 16, 15, 14 (all in said
6 Block 29), to a point at the northwest corner
7 of said Lot 14; thence in an easterly direction
8 along the north line of said Lot 14, and
9 easterly extension thereof, to a point of
10 intersection with the centerline of S.W. 4th
11 Avenue; thence in a southerly direction along
12 said centerline to a point of intersection with
13 the centerline of S.W. 1st Street; thence in an
14 easterly direction along the centerline of S.W.
15 1st Street to a point of intersection with the
16 centerline of S.W. 3rd Avenue; thence in a
17 southerly direction along the centerline of
18 S.W. 3rd Avenue to a point of intersection with
19 the westerly extension of the south line of the
20 Plat of Palm Beach County South County Judicial
21 Center, Plat Book 60, Page 124, as recorded in
22 the public records of the Palm Beach County,
23 Florida; thence in an easterly direction along
24 said extension, and the south line of said Plat
25 of Palm Beach County South County Judicial
26 Center, and easterly extension thereof, to a
27 point of intersection with the centerline of
28 S.W. 2nd Avenue; thence in a northerly
29 direction along said centerline to a point of
30 intersection with the centerline of S.W. 1st
31 Street; thence in an easterly direction along
15
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HB 4127, First Engrossed/ntc
1 the centerline of S.W. 1st Street to a point of
2 intersection with the centerline of S.W. 1st
3 Avenue; thence in a northerly direction along
4 the centerline of S.W. 1st Avenue to a point of
5 intersection westerly extension of the south
6 line of Lot 1, Block 61, said Plat of the Town
7 of Linton; thence in an easterly direction
8 along said extension, and the south line of
9 Lots 1, 2, 3, 4, said Block 61, and the
10 easterly extension of said Lot 4, to a point of
11 intersection with the centerline of Swinton
12 Avenue: thence southerly along said centerline
13 of Swinton Avenue to its intersection with the
14 westerly projection of the north line of Lot 7,
15 plat of the Subdivision of Block 69, Plat Book
16 2, Page 43, as recorded in the public records
17 of Palm Beach County, Florida; thence easterly
18 along said westerly projection to the northwest
19 corner of said Lot 7; thence east along the
20 north line of said Lot 7, to the northeast
21 corner of said Lot 7; thence easterly along the
22 westerly projection of the north line of Lot
23 24, said plat of the Subdivision of Block 69,
24 to the northwest corner of said Lot 24; thence
25 easterly along the north line of said Lot 24 to
26 the northeast corner of said Lot 24; thence
27 easterly along the eastern projection of the
28 north line of said Lot 24 to the intersection
29 with the centerline of the right of way of S.E.
30 1st Avenue; thence southerly along said
31 centerline of S.E. 1st Avenue to the
16
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HB 4127, First Engrossed/ntc
1 intersection with the centerline of the right
2 of way of S.E. 2nd Street; thence easterly
3 along said centerline of S.E. 2nd Street to the
4 intersection of the northerly projection of the
5 west line of Lot 2, Roebucks Resubdivision of
6 Block 103 (according to the plat thereof as
7 recorded in Plat Book 2, page 19 of the Public
8 Records of Palm Beach County, Florida); thence
9 southerly along said northerly projection of
10 the west line of said Lot 2 to the northwest
11 corner of said Lot 2; thence southerly along
12 the west line of Lots 2, 3, 4, 5, 6, 7, 8, 9,
13 10, and 12 of said Roebucks Resubdivision of
14 Block 103 to the southwest corner of said Lot
15 12; thence southerly along the south projection
16 of the west line of said Lot 12 to the
17 intersection with the centerline of the right
18 of way of S.E. 3rd Street; thence easterly
19 along said centerline of S.E. 3rd Street to the
20 southerly projection of the west line of Lot
21 13, Gracey-Byrd Subdivision of Block 119
22 (according to the plat thereof as recorded in
23 Plat Book 10, Page 52 of the Public Records of
24 Palm Beach County, Florida); thence northerly
25 along said southerly projection of said Lot 13
26 to the southwest corner of said Lot 13; thence
27 northerly along the west lot line of Lots 13,
28 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24,
29 of said plat of Gracey-Byrd Subdivision to the
30 northwest corner of Lot 24, of said Gracey-Byrd
31 Subdivision; thence northerly along the
17
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HB 4127, First Engrossed/ntc
1 northern projection of the west line of said
2 Lot 24 to the southwest corner of Lot 12,
3 subdivision of Block 118 (according to the plat
4 thereof as recorded in Plat Book 2, Page 8 of
5 the Public Records of Palm Beach County,
6 Florida); thence northerly along the west lines
7 of Lots 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and
8 1, of said subdivision of Block 118 to the
9 northwest corner of Lot 1 of said subdivision
10 of Block 118; thence northerly along the
11 northern projection of the west line of said
12 Lot 1 to the southwest corner of Lot 24, Block
13 117, said plat of the Town of Linton; thence
14 northerly along the west line of Lots 24, 23,
15 22, 21, 20, and 19 of said Block 117, to the
16 southwest corner of Lot 18 of said Block 117;
17 thence easterly along the south line of said
18 Lot 18, and easterly projection thereof, to the
19 east right of way line of S.E. 7th Avenue;
20 thence northerly along the east right of way
21 line of S.E. 7th Avenue to the northwest corner
22 of Lot 12, Palm Square, an unrecorded plat
23 located in Block 125 and Block 133, said plat
24 of the Town of Linton; thence easterly along
25 the north lot lines of Lots 12, 43, 59, and 90
26 of said unrecorded plat of Palm Square, and
27 easterly projection of the north line of said
28 lot 90, to the point of intersection with the
29 east right of way line of the Intracoastal
30 Waterway; thence southerly along the east right
31 of way line of the Intracoastal Waterway to the
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HB 4127, First Engrossed/ntc
1 southwest corner of the Waterway East
2 Commercial Condominium property; thence
3 easterly along the south line of said property
4 and easterly extension thereof to the southwest
5 corner of Lot A, John B. Reid's Village
6 Subdivision (according to the plat thereof as
7 recorded in Plat Book 21, Page 95 of the Public
8 Records of Palm Beach County, Florida); thence
9 easterly along the south line of said Lot A, to
10 a point on the southeast corner of said Lot A;
11 thence in a northerly direction along the west
12 line of Lot 7, Block C of said plat of John B.
13 Reid's Village Subdivision to the northwest
14 corner of said Lot 7; thence easterly along the
15 north line of said Lot 7, to the northeast
16 corner of said Lot 7; thence southerly along
17 the east line of said Lot 7 to the southeast
18 corner of said Lot 7; thence in an easterly
19 direction to the southwest corner of Lot 8,
20 Block 4, Ocean Park Subdivision (according to
21 the plat thereof as recorded in Plat Book 5,
22 Page 15 of the Public Records of Palm Beach
23 County, Florida); thence easterly along the
24 south line of said Lot 8 to the southeast
25 corner of said Lot 8; thence in a northerly
26 direction along the east line of Lots 8, 7, and
27 6, to the northeast corner of said Lot 6 (being
28 in Block 4, Ocean Park Subdivision, as recorded
29 in Plat Book 5, Page 15 of the Public Records
30 of Palm Beach County, Florida); thence easterly
31 to the southwest corner of Lot 8, Block 3 of
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HB 4127, First Engrossed/ntc
1 said Ocean Park Subdivision; thence easterly
2 along the south line of said Lot 8 to the
3 southeast corner of said Lot 8; thence
4 northerly along the east line of said Lot 8 and
5 Lot 7 to the northwest corner of Lot 24, Block
6 3 of said Ocean Park Subdivision; thence
7 easterly along the north line of said Lot 24,
8 to the northeast corner of said Lot 24; thence
9 easterly to the northwest corner of Lot 7,
10 Block 2, of said Ocean Park Subdivision; thence
11 in an easterly direction along the north line
12 of Lots 7 and 24, Block 2, of said Ocean Park
13 Subdivision, to the northeast corner of said
14 Lot 24; thence easterly to the northwest corner
15 of Lot 16, Block 1, of said Ocean Park
16 Subdivision; thence easterly along the north
17 line of Lots 16 and 2, Block 1, of said Ocean
18 Park Subdivision to a point at the northeast
19 corner of said Lot 2, Block 1, of said Ocean
20 Park Subdivision; thence easterly along an
21 extension of the north line of Lot 2, Block 1,
22 of said Ocean Park Subdivision to the mean high
23 water line of the Atlantic Ocean; thence
24 northerly along said high water line to the
25 point of beginning.
26 Section 2. Section 4 of chapter 71-604, Laws of
27 Florida, as amended by chapter 94-496, Laws of Florida, is
28 amended to read:
29 Section 4. CREATION OF THE AUTHORITY, COMPOSITION, AND
30 PROVISIONS RELATING TO MEMBERS--There is hereby created a
31 board composed of seven five members and to be known
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HB 4127, First Engrossed/ntc
1 officially as the "Delray Beach Downtown Development
2 Authority". It is hereby constituted a body corporate and an
3 agency of the City; and performance by the Authority of its
4 duties and exercise of its powers are hereby designated
5 municipal functions and shall be so construed.
6 (a) The City Commission shall by vote of a majority of
7 its entire membership appoint the members of the Authority;
8 and by vote of four fifths of its entire membership, after
9 notice specifying the charges and a hearing held not earlier
10 than ten days after personal delivery of notice or mailing
11 thereof by registered or certified mail addressed to the
12 member at his latest known residence, the City Commission may
13 remove a member of the Authority for good cause, including
14 willful neglect of duty, incompetence or unfitness to perform
15 his duty, or conviction of an offense involving moral
16 turpitude. A member so removed shall be entitled to review by
17 the circuit court of the action taken.
18 (b) Of the initial members, one shall be appointed for
19 a term expiring July 1, 1972, two for terms expiring July 1,
20 1973, and two for terms expiring July 1, 1974; and thereafter
21 each member shall be appointed for a term of three years
22 beginning July 1. Two members shall be appointed commencing on
23 July 1 following the referendum approving the expansion of the
24 Delray Beach Downtown Development Authority boundaries. Two
25 members shall be appointed for 3-year terms beginning July 1,
26 1994.
27 (c) To qualify for appointment to the Authority, and
28 to remain qualified for service on its, a prospective member
29 or a member already appointed shall reside in or have his
30 principal place of business in the City, shall not be serving
31 as a City officer or employee, and that at least four three of
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HB 4127, First Engrossed/ntc
1 the members shall be owners of realty within the Downtown
2 area, a lessee thereof required by the lease to pay taxes
3 thereon, or a director, officer, or managing agent of an owner
4 or of a lessee thereof so required to pay taxes thereon.
5 (d) Vacancy in office, which shall be filled within
6 thirty days of its occurrence for the remainder of the
7 unexpired term shall occur whenever a member is removed from
8 office, becomes disqualified or otherwise unable to serve,
9 resigns, or disappears without explanation for a period of six
10 months. The City Commission shall fill any vacancy in office
11 for the unexpired term.
12 (e) Each member of the Authority shall serve without
13 compensation for services rendered as a member but may be
14 reimbursed by the Authority for necessary and reasonable
15 expenses actually incurred in the performance of duty. The
16 Authority need not but may require that all of its members or
17 any or all of its officers or employees be required to post
18 bond for faithful performance of duty, and the Authority shall
19 pay bonding costs. No member of the Authority shall be
20 personally liable for any action taken in attempting in good
21 faith to perform his duty, or for a decision not to act,
22 except in instances of fraud or willful neglect of duty.
23 Section 3. Section 5 of chapter 71-604, Laws of
24 Florida, is amended to read:
25 Section 5. AUTHORITY BYLAWS AND INTERNAL
26 GOVERNMENT--The Authority shall formulate and may amend its
27 own rules of procedure and written bylaws not inconsistent
28 herewith. A majority of its entire membership shall constitute
29 a quorum for the transaction of business. All action shall be
30 taken by at least four three affirmative votes of the
31 Authority, and each member present shall vote on each matter
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HB 4127, First Engrossed/ntc
1 unless barred from voting as herein provided. The Authority
2 shall select one of its members as Chairman and another as
3 Vice Chairman and shall prescribe their duties, powers and
4 terms of serving. It shall hold regular meetings at least once
5 a month and shall provide in its bylaws for holding special
6 meetings. All meetings shall be open to the public.
7 The bylaws may provide for the Mayor of the City, or
8 his representative, to attend meetings of the Board as an ex
9 officio member, but he shall not have any vote or power over
10 the Board except that he shall be entitled to speak on any
11 issue or question before the Board.
12 Section 4. Section 6 of chapter 71-604, Laws of
13 Florida, is amended to read:
14 Section 6. FUNCTIONS OF THE AUTHORITY--The Authority
15 shall perform the following functions:
16 (a) Prepare an analysis of the economic conditions and
17 changes occurring in the Downtown Area, including the effect
18 thereon of such factors as metropolitan growth, traffic
19 congestion, lack of adequate parking and other access
20 facilities, and structural obsolescence and deterioration.
21 (b) Formulate long-range plans for improving the
22 attractiveness and accessibility to the public of Downtown
23 facilities, promoting efficient use thereof, remedying the
24 deterioration of Downtown property values, and developing the
25 Downtown area.
26 (c) Recommend to the City Council and to Downtown
27 businessmen and residents the actions deemed most suitable for
28 implementing the Downtown development plans, including
29 removal, razing, repair, renovation, reconstructions,
30 remodeling, and improvement of existing structures, addition
31 of new structures and facilities, relocation of any of those
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HB 4127, First Engrossed/ntc
1 existing, and changes in patterns of and facilities for
2 getting thereto and therefrom.
3 (d) Participate actively in the implementation and
4 execution of Downtown development plans, including
5 establishment, acquisition, construction, ownership,
6 financing, leasing, licensing, operation, and management of
7 public facilities deemed feasible and beneficial in effecting
8 implementation, but this paragraph shall not give the
9 Authority any power or control over any City property unless
10 and until assigned to it by the City Council under the
11 provisions of paragraph (f) (e) of this section.
12 (e) Participate actively in plans and programs to
13 encourage economic development and promotion of the Downtown
14 as a prosperous Downtown Area.
15 (f)(e) Carry on all projects and undertakings
16 authorized by law and within the limits of the powers granted
17 to it by law, such additional public projects and undertakings
18 related to the Downtown area as the City Council may assign to
19 it with its consent.
20 Section 5. This act shall take effect only upon its
21 approval by a majority vote of those qualified electors of the
22 area described in section 1 voting in a referendum election to
23 be called by the City of Delray Beach on behalf of the Delray
24 Beach Downtown Development Authority not sooner than 30 days
25 and not later than 3 years after the effective date of this
26 act, in accordance with the provisions of law relating to
27 elections currently in force, except that this section and
28 section 4 amending section 6, relating to the powers of the
29 Downtown Development Authority, shall take effect upon
30 becoming a law.
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