HB 0299 2003
1	A bill to be entitled
2	An act relating to the City of Delray Beach, Palm Beach
3	County; providing for codification of existing special
4	laws relating to the creation, powers, and duties of the
5	Delray Beach Downtown Development Authority; codifying,
6	amending, reenacting, and repealing chapters 71-604, 72-
7	524, 80-495, 87-520, 89-477, 91-385, 92-263, 94-476, and
8	98-503, Laws of Florida; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.Pursuant to section 189.429, Florida Statutes,
13	this act constitutes the codification of all special acts
14	relating to the Delray Beach Downtown Development Authority. It
15	is the intent of the Legislature in enacting this law to provide
16	a single, comprehensive special act charter for the Authority,
17	including all current legislative authority granted to the
18	Authority by its several legislative enactments.
19	Section 2.Chapters 71-604, 72-524, 80-495, 87-520, 89-
20	477, 91-385, 92-263, 94-476, and 98-503, Laws of Florida, are
21	codified, reenacted, and repealed as herein provided.
22	Section 3. The charter for the Delray Beach Downtown
23	Development Authority Act is reenacted and re-created to read:
24	Section 1. SHORT TITLE.--This Act shall be known and may
25	be cited as the "Delray Beach Downtown Development Authority
26	Act."
27	Section 2. DEFINITIONS AND RULES OF CONSTRUCTION.--Unless
28	qualified in the text, the following definitions and rules of
29	construction shall apply hereto:
30	(a) "Authority" means the Delray Beach Downtown
31	Development Authority hereby created, and any successor to its
32	functions, authority, rights, and obligations.
33	(b) "City" and "Delray Beach" mean the City of Delray
34	Beach, Florida.
35	(c) "City Council" means the Delray Beach City Council and
36	any succeeding governing body of the City.
37	(d) "Downtown" and "Downtown area" mean the area herein
38	described and to which this Act primarily relates, including the
39	central business district and its environs.
40	(e) "Herein," "hereby," "hereof," and similar compounds
41	refer to the entire Act.
42	(f) "Including" shall be construed as merely introducing
43	illustrative examples and not as limiting in any way the
44	generality of the inclusive term.
45	(g) "Majority" without qualification means a majority of a
46	quorum.
47	(h) "State" means the State of Florida.
48	Section 3. DOWNTOWN AREA DESCRIPTION.--The Downtown
49	area includes all lands lying within boundaries described
50	as:
51	Beginning at a point on the intersection of the High
52	Water Mark of the Atlantic Ocean and the easterly
53	projection of the north line of the south half of Lot
54	13, Plat of the Fractional East Half Section 16,
55	Township 46 South, Range 43 East (according to the
56	Plat thereof as recorded in Plat Book 1, page 25 of
57	the Public Records of Palm Beach County, Florida);
58	thence in a westerly direction along said easterly
59	projection, and the north line of the south half of
60	said Lot 13, and the westerly projection thereof, to
61	the centerline of the right of way for Andrews Avenue;
62	thence southerly along said centerline to the easterly
63	projection of the south property line of the Beach
64	Cabanas Condominium; thence westerly along said
65	easterly projection, and said south property line to
66	the west property line of the Beach Cabanas
67	Condominium; thence northerly along the west property
68	line of said Beach Cabanas Condominium to the south
69	property line of the Grove Condominium; thence
70	westerly along said south property line to the east
71	plat limit of Seabreeze Park Subdivision (according to
72	the plat thereof as recorded in Plat Book 4, Page 31
73	of the Public Records of Palm Beach County, Florida);
74	thence north along said east plat limit to the
75	northeast corner of Lot 21, of said Plat of Seabreeze
76	Park; thence westerly along the north line of said Lot
77	21 and the westerly projection thereof to the west
78	plat limit of Seabreeze Park; thence southerly along
79	said west plat limit to the southeast corner of Lot
80	29, Lowry Park Estates (according to the plat thereof
81	as recorded in Plat Book 24, Page 156 of the Public
82	Records of Palm Beach County, Florida); thence in a
83	northwesterly direction to the southwest corner of
84	said Lot 29; thence continuing along the extension of
85	said line to the intersection with the west right of
86	way line of East Road (as shown on the said plat of
87	Lowry Park Estates); thence southwesterly along said
88	west right of way line to the northeast corner of Barr
89	Terrace Condominium; thence southerly along the east
90	property line of the Barr Terrace Condominium and the
91	southerly extension thereof to a point of intersection
92	with the south right of way line of East Atlantic
93	Avenue (also known as State Road 806); thence westerly
94	along said south right of way line of East Atlantic
95	Avenue to the intersection of the centerline of the
96	Intracoastal Waterway right of way; thence northerly
97	along said centerline of the Intracoastal Waterway to
98	the intersection with the easterly projection of the
99	centerline of N.E. 1st Street right of way; thence
100	westerly along said easterly projection, and the
101	centerline of N.E. 1st Street right of way to a point
102	of intersection with the southerly projection of the
103	west line of Lot 20, Block 115, Town of Linton
104	(according to the plat thereof as recorded in Plat
105	Book 1, Page 3 of the Public Records of Palm Beach
106	County, Florida); thence northerly along said
107	southerly projection of the west line of said Lot 20
108	to the southwest corner of said Lot 20; thence
109	northerly along the west lot lines of Lots 20, 19, 18,
110	17, 16, 15, 14, 13, 12 and 11 of said Block 115 to the
111	northwest corner of Lot 11, of said Block 115; thence
112	northerly along the northern projection of the west
113	line of said Lot 11 to the southwest corner of Lot 20,
114	Block 114, said plat of the Town of Linton; thence
115	northerly along the west line of Lots 20, 19, 18, 17,
116	16, 15, 14, 13, 12, and Lot 11 of said Block 114, to
117	the northwest corner of Lot 11, of said Block 114;
118	thence northerly along the northern projection of the
119	west line of said Lot 11 to the southwest corner of
120	Lot 14, Block 113, Highland Park (according to the
121	plat thereof as recorded in Plat Book 2, Page 79 of
122	the Public Records of Palm Beach, Florida); thence
123	northerly along the west line of Lots 14, 13, 12, 11,
124	10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 of said Block 113
125	to the northwest corner of Lot 1, of said Block 113;
126	thence northerly along the northern projection of the
127	west line of said Lot 1 to the intersection with the
128	centerline of the right of way of N.E. 4th Street;
129	thence westerly along said centerline of N.E. 4th
130	Street to the centerline of the right of way of N.E.
131	1st Avenue; thence southerly along said centerline of
132	N.E.1st Avenue to the intersection with the centerline
133	of the right of way of N.E. 3rd Street; thence
134	easterly along said centerline of N.E. 3rd Street to
135	the intersection of the northern projection of the
136	east property line of Lot 1, Block 74, plat of the
137	Subdivision of Block 74 (according to the plat thereof
138	as recorded in Plat Book 11, Page 12 of the Public
139	Records of Palm Beach, Florida); thence southerly
140	along said projection, to the northeast corner of Lot
141	1 of said plat of the Subdivision of Block 74; thence
142	southerly along the east line of Lots 1, 2, 3, 4, 5,
143	6, 7, 8, 9, 10, 11, and 12, and the southerly
144	projection of the east line of Lot 12 of said plat of
145	the Subdivision of Block 74 to the northeast corner of
146	Lot 1, Block 75, said plat of the Town of Linton;
147	thence southerly along the east line of Lots 1, 2, 3,
148	4, 5, and 6, said Block 75, to the northeast corner of
149	Lot 7 of said Block 75; thence westerly along the
150	north line of Lot 7, Block 75 and the westerly
151	projection of said north line of Lot 7, Block 75, to
152	the centerline of the N.E.1st Avenue right of way;
153	thence southerly along said centerline of N.E.1st
154	Avenue right of way to its intersection with the
155	centerline of N.E.1st Street; thence westerly along
156	said centerline of N.E.1st Street to the intersection
157	with the centerline of the Swinton Avenue right of way
158	and N.W. 1st Street; thence in a westerly direction
159	along the centerline of N.W. 1st Street to a point of
160	intersection with the centerline of N.W. 3rd Avenue;
161	thence in a southerly direction along the centerline
162	of N.W. 3rd Avenue to a point of intersection with the
163	easterly extension of the north lot line of Lot 6,
164	Revised Plat of Block 36, Plat Book 5, Page 38, as
165	recorded in the public records of Palm Beach County,
166	Florida; thence in a westerly direction along said
167	extension, and the north line of said Lot 6, and the
168	westerly extension thereof, to a point of intersection
169	with the centerline of the north/south alley of said
170	Revised Plat of Block 36; thence in a northerly
171	direction along said centerline to a point of
172	intersection with the easterly extension of the south
173	line of Lot 21, of said Revised Plat of Block 36;
174	thence in a westerly direction along said extension
175	line, and the south line of said Lot 21, and the
176	westerly extension thereof, to a point of intersection
177	with the centerline of N.W. 4th Avenue; thence in a
178	north erly direction along said centerline to a point
179	of intersection with the centerline of N.W. 1st
180	Street; thence in a westerly direction along the
181	centerline of N.W.1st Street to a point of
182	intersection with the southerly extension of the
183	centerline of the north-south alley of Block 27, said
184	plat of the Town of Linton (north half of block has
185	since been replatted to the Plat of Resubdivision of
186	Block 27, Plat Book 21, page 43, as recorded in the
187	Public records of Palm Beach County, Florida); thence
188	in a northerly direction along said extension line and
189	said centerline of the north-south alley, and the
190	northerly extension of said centerline to point of
191	intersection with the centerline of N.W. 2nd Street;
192	thence in a westerly direction along the centerline of
193	N.W. 2nd Street to a point of intersection with the
194	northerly extension of the west line of Lot 1, Plat of
195	Melvin S. Burd Subdivision, Plat Book 11, Page 73, as
196	recorded in the public records of Palm Beach County,
197	Florida; thence in a southerly direction along said
198	extension, and west lot lines of Lots 1, 2, 3, 4, 5,
199	6, 7, and 8, said Plat of Melvin S. Burd Subdivision,
200	to a point at the south west corner of said lot 8;
201	thence in a westerly direction along the westerly
202	extension of the south line of said Lot 8, and the
203	south line of Lot 16, said Plat of Melvin S. Burd
204	Subdivision, to a point of intersection of a line 135
205	feet east of and parallel with, the west line of Block
206	19, said plat of the Town of Linton; thence in a
207	southerly direction along said parallel line to a
208	point of intersection with a line 135 feet north of
209	and parallel with, the south line of said Block 19;
210	thence in a westerly direction along said line to a
211	point of intersection with a line 165 feet west of and
212	parallel with, the east line of said Block 19; thence
213	in a southerly direction along said line, and
214	southerly extension thereof, to a point of
215	intersection with the centerline of N.W. 1st Street;
216	thence in an easterly direction along said centerline
217	to the point of intersection with the northerly
218	extension of a line 135 feet east of and parallel
219	with, the west line of Block 20, said plat of the Town
220	of Linton; thence in a southerly direction along said
221	extension and parallel line to a point of intersection
222	with a line 300 feet south of and parallel with, the
223	north line of said Block 20; thence in westerly
224	direction along said parallel line to a point of
225	intersection with the west line of said Block 20;
226	thence in a westerly direction to a point at the
227	southeast corner of Lot 17, Block 12, of the Plat of
228	the Monroe Subdivision, Plat Book 14, Page 67, as
229	recorded in the public records of Palm Beach County,
230	Florida; thence in westerly direction along the south
231	line of said Lot 17, and westerly extension thereof,
232	to a point of intersection with the centerline of the
233	north-south alley of said Block 12, Monroe
234	Subdivision; thence in a northerly direction along
235	said centerline to a point of intersection with the
236	easterly extension of the north line of Lot 26, of
237	said Block 12, Monroe Subdivision; thence in a
238	westerly direction along said extension, and north
239	line of said Lot 26, and westerly extension thereof,
240	to a point of intersection with the centerline of N.W.
241	7th Avenue; thence in a southerly direction along said
242	centerline to a point of intersection with the
243	easterly extension to the south line of Lot 17, Block
244	4, said Plat of Monroe Subdivision; thence in a
245	westerly direction along said extension, and the south
246	line of said Lot 17, and the westerly extension
247	thereof, and the south line of Lot 26 and 25, Block 4,
248	said Plat of Monroe Subdivision, and the westerly
249	extension of said Lot 25 to a point of intersection
250	with the centerline of N.W. 8th Avenue; thence in a
251	northerly direction along said centerline to a point
252	of intersection with the easterly extension of the
253	south line of the Plat of West Side Heights, Plat Book
254	13, Page 61, as recorded in the public records of Palm
255	Beach County, Florida; thence in an westerly direction
256	along said extension, and the south line of said Plat
257	of West Side Heights, and the westerly extension
258	thereof, to a point of intersection with the
259	centerline of N.W. 10th Avenue; thence in a southerly
260	direction along said centerline to a point of
261	intersection with the easterly extension of the north
262	line of Lot 11, Block 2, Plat of Atlantic Pines, Plat
263	Book 13, Page 77, as recorded in the public records of
264	Palm Beach County, Florida; thence in a westerly
265	direction along said extension, and the north line of
266	said Lot 11, and the westerly extension of the north
267	line of said Lot 11, and the north line of Lot 30, of
268	said Block 2, and the westerly extension of the north
269	line of Lot 30 to a point of intersection with the
270	centerline of N.W. l1th Avenue; thence in an westerly
271	direction to a point at the northeast corner of Lot
272	14, Block 1, said Plat of Atlantic Pines; thence in a
273	westerly direction along the north line of said Lot
274	14, and the westerly extension thereof to a point of
275	intersection with the centerline of the north-south
276	alley in Block 1, said Plat of Atlantic Pines; thence
277	in a southerly direction along said centerline to a
278	point of intersection with the easterly extension of
279	the north line of Lot 34, of said Block 1; thence in a
280	westerly direction along said extension, and the north
281	line of said Lot 34, and the westerly extension
282	thereof, to a point of intersection with the
283	centerline of N.W. 12th Avenue; thence in a southerly
284	direction along said centerline to a point of
285	intersection with the easterly extension of the south
286	line of Lot 21, Block 1, Plat of Atlantic Park
287	Gardens, Plat Book 14, Page 56, as recorded in the
288	public records of Palm Beach County, Florida; thence
289	in a westerly direction along said extension, and
290	south line of said Lot 21, and westerly extension
291	thereof, and the south line of Lot 12, Block 1, said
292	Plat of Atlantic Park Gardens, and the westerly
293	extension thereof, to a point of intersection with
294	centerline of N.W. 13th Avenue; thence in a westerly
295	direction to a point at the southeast corner of Lot
296	12, Block 1, Plat of Odmanns Subdivision, Plat Book 4,
297	Page 53, as recorded in the public records of Palm
298	Beach County, Florida; thence in a westerly direction
299	along the south line of said Lot 12, and the westerly
300	extension thereof, and the south line of Lot 21, Block
301	1, said Plat of Odmanns Subdivision, to a point at the
302	southwest corner of said Lot 21; thence in a southerly
303	direction to a point at the northwest corner of Lot
304	21, Block 4, said Plat of Odmanns Subdivision; thence
305	in an easterly direction along the north line of said
306	Lot 21, and the easterly extension thereof, and the
307	north line of Lot 12, said Block 4, and the easterly
308	extension thereof, to a point of intersection with the
309	centerline of S.W. 13th Avenue; thence in an easterly
310	direction to a point at the northwest corner of Lot
311	12, Block 2, said Plat of Atlantic Park Gardens;
312	thence in an easterly direction along the north line
313	of said Lot 12, and the easterly extension thereof,
314	and the north line of Lot 21, of said Block 2, and the
315	easterly extension thereof, to a point of
316	intersection with the centerline of S.W. 12th Avenue;
317	thence in a southerly direction along said center line
318	to a point of intersection with the westerly extension
319	of the south line of Lot 13, Block 5, Plat of Atlantic
320	Gardens, Plat Book 14, Page 63, as recorded in the
321	public records of Palm Beach County, Florida; thence
322	in an easterly direction along said extension, and the
323	south line of said Lot 13, and easterly extension
324	thereof, and the south line of Lot 22, and the
325	easterly extension thereof, to a point of intersection
326	with centerline of S.W. 11th Avenue; thence in a
327	southerly direction along said centerline to a point
328	of intersection with the westerly extension of the
329	south line of Lot 15, Block 8, said Plat of Atlantic
330	Gardens; thence in an easterly direction along said
331	extension, and the south line of said Lot 15, and the
332	easterly extension thereof, and the south line of Lot
333	24, of said Block 8, and the easterly extension
334	thereof, to a point of intersection with the
335	centerline of S.W. 10th Avenue; thence in an easterly
336	direction to a point at the southwest corner of Lot
337	10, Block 1, Plat of Belair Heights, Plat Book 20,
338	Page 45, as recorded in the public records of Palm
339	Beach County, Florida; thence in an easterly direction
340	along the south line of said Lot 10, and the easterly
341	extension thereof, and the south line of Lot 19, of
342	said Block 1, and the easterly extension thereof, to a
343	point of intersection with the centerline of S.W. 9th
344	Avenue; thence in a southerly direction along said
345	centerline to a point of intersection with the
346	westerly extension of the south line of Lot 6, Block
347	2, said Plat of Belair Heights; thence in an easterly
348	direction along said extension, and the south line of
349	said Lot 6, to a point at the southeast corner of said
350	Lot 6; thence in a northerly direction along the east
351	line of said Lot 6, and Lot 5, to a point of
352	intersection with a line 250 feet north of, and
353	parallel with, the south line of Lot 9, Plat of the
354	Subdivision of 17-46-43, Plat Book 1, Page 4, as
355	recorded in the public records of Palm Beach County,
356	Florida; thence in an easterly direction along said
357	line to a point of intersection with the centerline of
358	S.W. 8th Avenue; thence in a southerly direction along
359	said centerline to a point of intersection with the
360	westerly extension of the south line of Lot 16, Block
361	5, Plat of the Subdi vision of Block 5, Plat Book 21,
362	Page 43, as recorded in the public records of Palm
363	Beach County, Florida; thence in an easterly direction
364	along said extension, and the south line of Lot 16 and
365	Lot 25, of said Block 5, and the easterly extension of
366	the south line of said Lot 25, to a point of
367	intersection with the centerline of S.W. 7th Avenue;
368	thence in an easterly direction to the point of
369	intersection of a line 385 feet south of, and parallel
370	with, the north line Block 13, said Plat of the Town
371	of Linton, and the west line of said Block 13; thence
372	in an easterly direction along said parallel line to a
373	point of intersection with a line 135 west of, and
374	parallel with, the east line of said Block 13; thence
375	in a northerly direc tion along the directly
376	aforementioned parallel line to a point of
377	intersection with a line 250 feet north of, and
378	parallel with, the south line of said Block 13; thence
379	in an easterly direction along the directly aforemen
380	tioned parallel line to a point of intersection with
381	the centerline of S.W. 6th Avenue; thence in a
382	northerly direction along said centerline to a point
383	of intersection with a line 290 north of, and parallel
384	with, the south line of Block 21, said Plat of the
385	Town of Linton; thence in an easterly direction along
386	said parallel line to a point of intersection with a
387	line 135 feet east of, and parallel with, the west
388	line of said Block 21; thence in a southerly direction
389	along directly aforementioned parallel line to a point
390	of intersection with the centerline of S.W. 1st
391	Street; thence in an easterly direction along said
392	centerline to a point of intersection with the
393	southerly extension of the west line of Lot 27, Block
394	29, Plat of the Resubdivision of Blocks 29 & 37, Plat
395	Book 9, Page 66, as recorded in the public records of
396	Palm Beach County, Florida; thence in a northerly
397	direction along said extension, and the west line of
398	Lots 27, 26, 25, 24, 23, 22, 21, 20, 19, 18, 17, 16,
399	15, 14 (all in said Block 29), to a point at the
400	northwest corner of said Lot 14; thence in an easterly
401	direction along the north line of said Lot 14, and
402	easterly extension thereof, to a point of intersection
403	with the centerline of S.W. 4th Avenue; thence in a
404	southerly direction along said centerline to a point
405	of intersection with the centerline of S.W. 1st
406	Street; thence in an easterly direction along the
407	centerline of S.W. 1st Street to a point of
408	intersection with the centerline of S.W. 3rd Avenue;
409	thence in a southerly direction along the centerline
410	of S.W. 3rd Avenue to a point of intersection with the
411	westerly extension of the south line of the Plat of
412	Palm Beach County South County Judicial Center, Plat
413	Book 60, Page 124, as recorded in the public records
414	of Palm Beach County, Florida; thence in an easterly
415	direction along said extension, and the south line of
416	said Plat of Palm Beach County South County Judicial
417	Center, and easterly extension thereof, to a point of
418	intersection with the centerline of S.W. 2nd Avenue;
419	thence in a northerly direction along said centerline
420	to a point of intersection with the centerline of S.W.
421	1st Street; thence in an easterly direction along the
422	centerline of S.W. 1st Street to a point of
423	intersection with the centerline of S.W. 1st Avenue;
424	thence in a northerly direction along the centerline
425	of S.W. 1st Avenue to a point of intersection westerly
426	extension of the south line of Lot 1, Block 61, said
427	Plat of the Town of Linton; thence in an easterly
428	direction along said extension, and the south line of
429	Lots 1, 2, 3, 4, said Block 61, and the easterly
430	extension of said Lot 4, to a point of intersection
431	with the centerline of Swinton Avenue; thence
432	southerly along said centerline of Swinton Avenue to
433	its intersection with the westerly projection of the
434	north line of Lot 7, plat of the Subdivision of Block
435	69, Plat Book 2, Page 43, as recorded in the public
436	records of Palm Beach County, Florida; thence easterly
437	along said westerly projection to the northwest corner
438	of said Lot 7; thence east along the north line of
439	said Lot 7, to the northeast corner of said Lot 7;
440	thence easterly along the westerly projection of the
441	north line of Lot 24, said plat of the Subdivision of
442	Block 69, to the northwest corner of said Lot 24;
443	thence easterly along the north line of said Lot 24
444	to the northeast corner of said Lot 24; thence
445	easterly along the eastern projection of the north
446	line of said Lot 24 to the intersection with the
447	centerline of the right of way of S.E. 1st Avenue;
448	thence southerly along said centerline of S.E. 1st
449	Avenue to the intersection with the centerline of the
450	right of way of S.E. 2nd Street; thence easterly along
451	said centerline of S.E. 2nd Street to the intersection
452	of the northerly projection of the west line of Lot 2,
453	Roebucks Resubdivision of Block 103 (according to the
454	plat thereof as recorded in Plat Book 28, Page 19 of
455	the Public Records of Palm Beach County, Florida);
456	thence southerly along said northerly projection of
457	the west line of said Lot 2 to the northwest corner of
458	said Lot 2; thence southerly along the west line of
459	Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, and 12 of said
460	Roebucks Resubdivision of Block 103 to the southwest
461	corner of said Lot 12; thence southerly along the
462	south projection of the west line of said Lot 12 to
463	the intersection with the centerline of the right of
464	way of S.E. 3rd Street; thence easterly along said
465	centerline of S.E. 3rd Street to the southerly
466	projection of the west line of Lot 13, Gracey-Byrd
467	Subdivision of Block 119 (according to the plat
468	thereof as recorded in Plat Book 10, Page 52 of the
469	Public Records of Palm Beach County, Florida); thence
470	northerly along said southerly projection of said Lot
471	13 to the southwest corner of said Lot 13; thence
472	northerly along the west lot line of Lots 13, 14, 15,
473	16, 17, 18, 19, 20, 21, 22, 23, and 24, of said plat
474	of Gracey-Byrd Subdivision to the northwest corner of
475	Lot 24, of said Gracey-Byrd Subdivision; thence
476	northerly along the northern projection of the west
477	line of said Lot 24 to the southwest corner of Lot 12,
478	subdivision of Block 118 (according to the plat
479	thereof as recorded in Plat Book 2, Page 8 of the
480	Public Records of Palm Beach County, Florida); thence
481	northerly along the west lines of Lots 12, 11, 10, 9,
482	8, 7, 6, 5, 4, 3, 2, and 1, of said subdivision of
483	Block 118 to the northwest corner of Lot 1 of said
484	subdivision of Block 118; thence northerly along the
485	northern projection of the west line of said Lot 1 to
486	the southwest corner of Lot 24, Block 117, said plat
487	of the Town of Linton; thence northerly along the west
488	line of Lots 24, 23, 22, 21, 20, and 19 of said Block
489	117, to the southwest corner of Lot 18 of said Block
490	117; thence easterly along the south line of said Lot
491	18, and easterly projection thereof, to the east right
492	of way line of S.E. 7th Avenue; thence northerly along
493	the east right of way line of S.E. 7th Avenue to the
494	northwest corner of Lot 12, Palm Square, an unrecorded
495	plat located in Block 125 and Block 133, said plat of
496	the Town of Linton; thence easterly along the north
497	lot lines of Lots 12, 43, 59, and 90 of said
498	unrecorded plat of Palm Square, and easterly
499	projection of the north line of said lot 90, to the
500	point of intersection with the east right of way line
501	of the Intracoastal Waterway; thence southerly along
502	the east right of way line of the Intracoastal
503	Waterway to the southwest corner of the Waterway East
504	Commercial Condominium property; thence easterly along
505	the south line of said property and easterly extension
506	thereof to the southwest corner of Lot A, John B.
507	Reid's Village Subdivision (according to the plat
508	thereof as recorded in Plat Book 21, Page 95 of the
509	Public Records of Palm Beach County, Florida); thence
510	easterly along the south line of said Lot A, to a
511	point on the southeast corner of said Lot A; thence in
512	a northerly direction along the west line of Lot 7,
513	Block C of said plat of John B. Reid's Village
514	Subdivision to the northwest corner of said Lot 7;
515	thence easterly along the north line of said Lot 7, to
516	the northeast corner of said Lot 7; thence southerly
517	along the east line of said Lot 7 to the southeast
518	corner of said Lot 7; thence in an easterly direction
519	to the southwest corner of Lot 8, Block 4, Ocean Park
520	Subdivision (according to the plat thereof as recorded
521	in Plat Book 5, Page 15 of the Public Records of Palm
522	Beach County, Florida); thence easterly along the
523	south line of said Lot 8 to the southeast corner of
524	said Lot 8; thence in a northerly direction along the
525	east line of Lots 8, 7, and 6, to the northeast corner
526	of said Lot 6 (being in Block 4, Ocean Park
527	Subdivision, as recorded in Plat Book 5, Page 15 of
528	the Public Records of Palm Beach County, Florida);
529	thence easterly to the southwest corner of Lot 8,
530	Block 3 of said Ocean Park Subdivision; thence
531	easterly along the south line of said Lot 8 to the
532	southeast corner of said Lot 8; thence northerly along
533	the east line of said Lot 8 and Lot 7 to the northwest
534	corner of Lot 24, Block 3 of said Ocean Park
535	Subdivision; thence easterly along the north line of
536	said Lot 24, to the northeast corner of said Lot 24;
537	thence easterly to the northwest corner of Lot 7,
538	Block 2, of said Ocean Park Subdivision; thence in an
539	easterly direction along the north line of lots 7 and
540	24, Block 2, of said Ocean Park Subdivision, to the
541	northeast corner of said Lot 24; thence easterly to
542	the northwest corner of Lot 16, Block 1, of said Ocean
543	Park Subdivision; thence easterly along the north line
544	of Lots 16 and 2, Block 1, of said Ocean Park
545	Subdivision to a point at the northeast corner of said
546	Lot 2, Block 1, of said Ocean Park Subdivision; thence
547	easterly along an extension of the north line of Lot
548	2, Block 1, of said Ocean Park Subdivision to the mean
549	high water line of the Atlantic Ocean; thence
550	northerly along said high water line to the point of
551	beginning.
552	Section 4. CREATION OF THE AUTHORITY; COMPOSITION AND
553	PROVISIONS RELATING TO MEMBERS.--There is hereby created a board
554	composed of seven members to be known officially as the "Delray
555	Beach Downtown Development Authority." It is hereby constituted
556	a body corporate and an agency of the City, and performance by
557	the Authority of its duties and exercise of its powers are
558	hereby designated municipal functions and shall be so construed.
559	(a) The City Council shall by vote of a majority of its
560	entire membership appoint the members of the Authority, and by
561	vote of four-fifths of its entire membership, after notice
562	specifying the charges and a hearing held not earlier than ten
563	days after personal delivery of notice or mailing thereof by
564	registered or certified mail addressed to the member at his or
565	her latest known residence, the City Council may remove a member
566	of the Authority for good cause, including willful neglect of
567	duty, incompetence or unfitness to perform his or her duty, or
568	conviction of an offense involving moral turpitude. A member so
569	removed shall be entitled to review by the circuit court of the
570	action taken.
571	(b) Each member shall be appointed for a term of three
572	years beginning July 1. Two members shall be appointed
573	commencing on July 1 following the referendum approving the
574	expansion of the Delray Beach Downtown Development Authority
575	boundaries.
576	(c) To qualify for appointment to the Authority, and to
577	remain qualified for service on it, a prospective member or a
578	member already appointed shall reside in or have his or her
579	principal place of business in the City and shall not be serving
580	as a City officer or employee. At least four of the members
581	shall be owners of realty within the Downtown area, a lessee
582	thereof required by the lease to pay taxes thereon, or a
583	director, officer, or managing agent of an owner or of a lessee
584	thereof so required to pay taxes thereon. To the extent that it
585	is possible, appointments to the Authority shall be made so that
586	the members shall be geographically proportioned as evenly as is
587	possible within the Downtown area as described in Section 3, as
588	amended.
589	(d) Vacancy in office, which shall be filled within thirty
590	days of its occurrence for the remainder of the unexpired term,
591	shall occur whenever a member is removed from office, becomes
592	disqualified or otherwise unable to serve, resigns, or
593	disappears without explanation for a period of six months. The
594	City Council shall fill any vacancy in office for the unexpired
595	term.
596	(e) Each member of the Authority shall serve without
597	compensation for services rendered as a member but may be
598	reimbursed by the Authority for necessary and reasonable
599	expenses actually incurred in the performance of duty. The
600	Authority need not but may require that all of its members or
601	any or all of its officers or employees be required to post bond
602	for faithful performance of duty, and the Authority shall pay
603	bonding costs. No member of the Authority shall be personally
604	liable for any action taken in attempting in good faith to
605	perform his or her duty, or for a decision not to act, except in
606	instances of fraud or willful neglect of duty.
607	Section 5. AUTHORITY BYLAWS AND INTERNAL GOVERNMENT.--The
608	Authority shall formulate and may amend its own rules of
609	procedure and written bylaws not inconsistent herewith. A
610	majority of its entire membership shall constitute a quorum for
611	the transaction of business. All action shall be taken by at
612	least four affirmative votes of the Authority, and each member
613	present shall vote on each matter unless barred from voting as
614	herein provided. The Authority shall select one of its members
615	as Chair and another as Vice Chair and shall prescribe their
616	duties, powers, and terms of serving. It shall hold regular
617	meetings at least once a month and shall provide in its bylaws
618	for holding special meetings. All meetings shall be open to the
619	public. The bylaws may provide for the Mayor of the City, or
620	his or her representative, to attend meetings of the Board as an
621	ex officio member, but he or she shall not have any vote or
622	power over the Board except that he or she shall be entitled to
623	speak on any issue or question before the Board.
624	Section 6. FUNCTIONS OF THE AUTHORITY.--The Authority
625	shall perform the following functions:
626	(a) Prepare an analysis of the economic conditions and
627	changes occurring in the Downtown area, including the effect
628	thereon of such factors as metropolitan growth, traffic
629	congestion, lack of adequate parking and other access
630	facilities, and structural obsolescence and deterioration.
631	(b) Formulate long-range plans for improving the
632	attractiveness and accessibility to the public of Downtown
633	facilities, promoting efficient use thereof, remedying the
634	deterioration of Downtown property values, and developing the
635	Downtown area.
636	(c) Recommend to the City Council and to Downtown
637	businesspersons and residents the actions deemed most suitable
638	for implementing the Downtown development plans, including
639	removal, razing, repair, renovation, reconstruction, remodeling,
640	and improvement of existing structures, addition of new
641	structures and facilities, relocation of any of those existing,
642	and changes in patterns of and facilities for getting thereto
643	and therefrom.
644	(d) Participate actively in the implementation and
645	execution of Downtown development plans, including
646	establishment, acquisition, construction, ownership, financing,
647	leasing, licensing, operation, and management of public
648	facilities deemed feasible and beneficial in effecting
649	implementation, but this paragraph shall not give the Authority
650	any power or control over any City property unless and until
651	assigned to it by the City Council under the provisions of
652	paragraph (f) of this section.
653	(e) Participate actively in plans and programs to
654	encourage economic development and promotion of the Downtown as
655	a prosperous Downtown Area.
656	(f) Carry on all projects and undertakings authorized by
657	law and within the limits of the powers granted to it by law,
658	and such additional public projects and undertakings related to
659	the Downtown area as the City Council may assign to it with its
660	consent.
661	Section 7. POWERS OF THE AUTHORITY.--In the performance of
662	the functions vested in or assigned to the Authority, it is
663	hereby granted the following powers:
664	(a) To enter into contracts and agreements, and to sue and
665	be sued as a body corporate;
666	(b) To have and use a corporate seal;
667	(c) To acquire, own, convey, or otherwise dispose of,
668	lease as lessor or lessee, construct, maintain, improve,
669	enlarge, raze, relocate, operate, and manage property and
670	facilities of whatever type, and grant or acquire licenses,
671	easements, and options with respect thereto;
672	(d) To accept grants and donations of any type of
673	property, labor, or other thing of value from any public or
674	private source;
675	(e) To receive the proceeds of the tax hereby imposed;
676	(f) To receive the revenues from any property or facility
677	owned, leased, licensed, or operated by it or under its control,
678	subject to the limitations imposed upon it by trusts or other
679	agreements validly entered into by it;
680	(g) To have exclusive control of all funds legally
681	available to it, subject to limitations imposed upon it by law
682	or by any agreement validly entered into by it;
683	(h) To cooperate and enter into agreements with any
684	governmental agency or other public body;
685	(i) To make to or receive from the City or Palm Beach
686	County conveyances, leasehold interests, grants, contributions,
687	loans, and other rights and privileges;
688	(j) To request by resolution that the City exercise its
689	municipal power of eminent domain in specific instances for the
690	use and benefit of the Authority and, if the City complies with
691	the request and the property involved is acquired, the Authority
692	shall take over and assume control of such property on terms
693	mutually agreed upon between the City and the Authority, but the
694	Authority shall not thereafter be authorized to sell, lease, or
695	otherwise dispose of such property so acquired without the
696	formal consent of the City Council;
697	(k) To issue and sell revenue certificates as hereinafter
698	provided, or in any other manner permitted by law and not
699	inconsistent with the provisions hereof, and to take all steps
700	deemed by it necessary or expedient for efficient preparation
701	and marketing of the certificates at public or private sale at
702	the best price obtainable, including the entry into binding
703	agreements with corporate trustees, underwriters, and the
704	holders of the certificates, and the employment and payment, as
705	a necessary expense of issuance, for the services of consultants
706	on valuations, costs, and feasibility of undertaking, revenues
707	to be anticipated and other financial matters, architecture,
708	engineering, legal matters, accounting matters, and any other
709	fields in which expert advice may be needed to effectuate
710	advantageous issuance and marketing;
711	(l) To fix, regulate, and collect rates and charges for
712	facilities and services furnished by it or under its control and
713	to pledge the revenue to the payment of revenue certificates
714	issued by it;
715	(m) To borrow money on its unsecured notes, for a period
716	not exceeding nine months, in an aggregate amount for all
717	outstanding unsecured notes not exceeding fifty percent of the
718	proceeds received during the immediately prior fiscal year from
719	the tax hereby imposed, and at an annual rate of interest not
720	exceeding the rate being charged at the time of the loan by
721	banks in the City on unsecured short-term loans to local
722	businesses;
723	(n) To acquire by rental or otherwise and to equip and
724	maintain a principal office for the conduct of its business;
725	(o) To employ, when deemed necessary, and prescribe the
726	duties, authority, compensation, and reimbursement of expenses
727	of the Director of the Authority, who shall act as its chief
728	executive officer, a general counsel, who shall be an attorney
729	with at least two years of experience in active Florida practice
730	and so engaged at the time of appointment, and such other
731	personnel as it may, after consultation with the Director, deem
732	necessary from time to time; provided, its personnel shall not
733	be under civil service regulations and shall be employed to
734	serve at its pleasure. Its personnel shall not while employed by
735	it serve as City officers or employees, and, with the exception
736	of its Secretary, shall not while employed by it serve as a
737	member of it; and
738	(p) To exercise all powers incidental to the effective and
739	expedient exercise of the foregoing powers to the extent not in
740	conflict herewith or inconsistent herewith.
741	Section 8. LEVY OF AD VALOREM TAX.--For the fiscal year of
742	the Authority beginning within the calendar year 1972, and for
743	each fiscal year thereafter, an ad valorem tax in addition to
744	all other ad valorem taxes is hereby levied annually for the
745	purpose of financing the operation of the Authority on all
746	property in the Downtown area that is subject to ad valorem
747	taxation for City operation expenses. The tax base shall be the
748	assessed valuation made annually by the County tax assessor. The
749	rate shall be one mill on each dollar of tax base in 1972 and
750	each year thereafter; provided, for each year after the first
751	year of levy the Authority, by written notice to the County tax
752	collector at such time as he or she shall specify, may set a
753	rate of less than one mill for the ensuing fiscal year. The
754	County tax collector shall collect the tax when and in the same
755	manner in which he or she collects the City ad valorem taxes,
756	with the same discounts for early payment, and shall pay the
757	proceeds into the City treasury for the account of the
758	Authority.
759	Section 9. AUTHORITY RECORDS AND FISCAL MANAGEMENT.--The
760	fiscal year of the Authority shall coincide with that of the
761	City.
762	(a) All funds of the Authority shall be received, held,
763	and secured like other public funds by the appropriate fiscal
764	officers of the City. The funds of the Authority shall be
765	maintained under a separate account, shall be used for only the
766	purposes herein authorized, and shall be disbursed only by the
767	direction of or with the approval of the Authority pursuant to
768	requisitions signed by the Director or other designated chief
769	fiscal officer of the Authority and countersigned in such
770	instances and manner as the Authority bylaws may prescribe. The
771	Authority may pay the City, as an operating expense, a
772	reasonable amount for the services rendered by the City to it at
773	its request.
774	(b) The Authority bylaws shall provide for maintenance of
775	minutes and other official records of its proceedings and
776	actions, for preparation and adoption of an annual budget for
777	each ensuing fiscal year, for internal supervision and control
778	of its accounts, which function the appropriate City fiscal
779	officers may perform for it at its request, and for an external
780	audit at least annually by an independent certified public
781	accountant who has no personal interest, direct or indirect, in
782	its fiscal affairs. The bylaws shall specify the means by which
783	each of these functions is to be performed and, as to those
784	functions assigned to Authority personnel, the manner and
785	schedule of performance.
786	(c) No member or employee of the Authority shall
787	participate by vote or otherwise on behalf of the Authority in
788	any matter in which he or she has a direct financial interest or
789	an indirect financial interest other than that of the benefits
790	to be derived generally from the development of the Downtown
791	area. Participation with knowledge of such interest shall
792	constitute malfeasance and shall result, as regards a member, in
793	automatic forfeiture of office or, as regards an employee, in
794	prompt dismissal.
795	Section 10. TAX EXEMPTION OF AUTHORITY PROPERTY.--All
796	income, donations, property, and facilities of the Authority are
797	hereby dedicated to the effectuation of essential municipal
798	purposes, their use is declared an essential municipal function,
799	and they are granted the same exemptions from taxation as are
800	afforded to income, property, and facilities of the City.
801	Section 11. PROVISIONS GOVERNING ISSUANCE OF
802	CERTIFICATES.--Issuance of revenue certificates by the Authority
803	shall be governed by the following general provisions:
804	(a) Revenue certificates for purposes hereof are limited
805	to obligations that are secured solely by pledge of revenues
806	produced by the facility or facilities for the benefit of which
807	the certificates are issued and the sale proceeds used, that do
808	not constitute a general debt of the Authority, that are not
809	secured directly or indirectly, in whole or in part, by pledge
810	of taxing powers, and that do not constitute a lien or
811	encumbrance, legal or equitable, on any real property of the
812	Authority or on any of its personal property other than the
813	revenues pledged to secure payment of the certificates.
814	(b) The faith and credit of the City shall not be pledged
815	and the City shall not be obligated directly or indirectly to
816	make any payments on or appropriate any funds for certificates
817	issued by the Authority.
818	(c) The rate or rates of interest and the sale price of
819	the certificates by the Authority shall be such that the net
820	interest cost to it on the proceeds received from the sale shall
821	not exceed an average annual rate of eight percent, computed
822	with relation to the absolute maturity of the certificates in
823	accordance with standard tables of bond values and excluding
824	from the computation the amount of any premium to be paid on
825	redemption of the certificates prior to maturity.
826	(d) Before issuing any revenue certificates, the Authority
827	shall, as to each issue: (1) prepare or procure from a reputable
828	source detailed estimates of the total cost of the undertaking
829	for which the certificates are contemplated and of the annual
830	revenues to be obtained therefrom and pledged as security for
831	payment of the certificates; (2) determine that the anticipated
832	net proceeds from their sale, together with any other funds
833	available and intended for the purposes of the issue, will be
834	sufficient to cover all costs of the undertaking and of
835	preparing and marketing the issue or connected therewith; (3)
836	determine that the annual revenues anticipated from the
837	undertaking will be sufficient to pay the estimated annual cost
838	of maintaining, repairing, operating, and replacing to any
839	necessary extent not only the undertaking but also the punctual
840	payment of the principal of and interest on the contemplated
841	certificates; and (4) shall specify these determinations in and
842	include the supporting estimates as parts of the resolution
843	providing for the issue.
844	(e) The Authority may, as to any issue or revenue
845	certificates, engage the services of a corporate trustee for the
846	issue and may treat any or all of the costs of carrying out the
847	trust agreement as part of the operating costs of the
848	undertaking for which the certificates are issued.
849	(f) The Authority shall from time to time establish such
850	rentals, rates, and charges, or shall by legally binding
851	agreement maintain such control thereof, as to meet punctually
852	all payments on the certificates and also the costs of operation
853	of the undertaking and its maintenance and repair, including
854	reserves therefor and for depreciation, replacement, and any
855	necessary extensions.
856	(g) Revenue certificates may be issued for the purposes of
857	funding, refunding, or both.
858	(h) All revenue certificates issued pursuant hereto shall
859	be negotiable instruments for all purposes.
860	Section 12. TRANSFER UPON CESSATION OF THE
861	AUTHORITY.--Should the Authority cease to exist or to operate
862	for whatever reason, all its property of whatever kind shall
863	forthwith become the property of the City, subject to the
864	outstanding obligations of the Authority, and the City shall use
865	this property to the maximum extent then practicable for
866	effectuating the purposes hereof and shall succeed to and
867	exercise all powers of the Authority insofar as such exercise is
868	not in conflict with or inconsistent with the provisions of the
869	City charter or other law applicable to the City.
870	Section 13. ACT CUMULATIVE; NO NOTICE REQUIRED.--Neither
871	this Act nor anything herein contained shall be construed as a
872	restriction or limitation upon any powers which the Authority
873	might otherwise have under any laws of this State, but shall be
874	construed as cumulative of such powers. The foregoing sections
875	of this Act shall be deemed to provide a complete, additional,
876	and alternative method for the doing of the things authorized
877	thereby and shall be regarded as supplemental and additional to
878	powers conferred by other laws; provided, the issuance of
879	revenue certificates and revenue refunding certificates under
880	the provisions of this Act need not comply with the requirements
881	of any other law applicable to the issuance of certificates and
882	bonds including, particularly, chapters 671 through 680, Florida
883	Statutes, 1969 (also known as Uniform Commercial Code). No
884	proceedings, notice, or approval shall be required for the
885	organization of the Authority or the issuance of any
886	certificates or any instrument as security therefor, except as
887	provided herein or pursuant hereto, any law to the contrary
888	notwithstanding; provided, nothing herein shall be construed to
889	deprive the State and its governmental subdivisions of their
890	respective policy powers over any properties of the Authority.
891	Section 14. LIBERAL CONSTRUCTION AND SEVERABILITY.--The
892	provisions of this Act, being necessary for the welfare of the
893	City and its inhabitants, shall be liberally construed to
894	effectuate the purposes herein set forth and are severable.
895	Should any portion hereof be finally held invalid by a court of
896	competent jurisdiction, each other portion shall remain
897	effective to the maximum practicable extent.
898	Section 4.In the event any section or provision of this
899	act is determined to be invalid or unenforceable, such
900	determination shall not affect the validity of or enforceability
901	of each other section and provision of this act.
902	Section 5.In the event of a conflict of the provisions of
903	this act with the provisions of any other act, the provisions of
904	this act shall control to the extent of such conflict.
905	Section 6.Chapters 71-604, 72-524, 80-495, 87-520, 89-
906	477, 91-385, 92-263, 94-476, and 98-503, Laws of Florida, are
907	repealed.
908	Section 7. This act shall take effect upon becoming a law.
909