HB 0299 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
8
9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to the City of Delray Beach, Palm Beach
13	County; providing for codification of existing special
14	laws relating to the creation, powers, and duties of the
15	Delray Beach Downtown Development Authority; codifying,
16	amending, reenacting, and repealing chapters 71-604, 72-
17	524, 80-495, 87-520, 89-477, 91-385, 92-263, 94-476, and
18	98-503, Laws of Florida; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. Pursuant to section 189.429, Florida Statutes,
23	this act constitutes the codification of all special acts
24	relating to the Delray Beach Downtown Development Authority. It
25	is the intent of the Legislature in enacting this law to provide
26	a single, comprehensive special act charter for the Authority,
27	including all current legislative authority granted to the
28	Authority by its several legislative enactments.
29	Section 2. Chapters 71-604, 72-524, 80-495, 87-520, 89-
30	477, 91-385, 92-263, 94-476, and 98-503, Laws of Florida, are
31	codified, reenacted, and repealed as herein provided.
32	Section 3. The charter for the Delray Beach Downtown
33	Development Authority Act is reenacted and re-created to read:
34	Section 1. SHORT TITLE.--This Act shall be known and may
35	be cited as the "Delray Beach Downtown Development Authority
36	Act."
37	Section 2. DEFINITIONS AND RULES OF CONSTRUCTION.--Unless
38	qualified in the text, the following definitions and rules of
39	construction shall apply hereto:
40	(a) "Authority" means the Delray Beach Downtown
41	Development Authority hereby created, and any successor to its
42	functions, authority, rights, and obligations.
43	(b) "City" and "Delray Beach" mean the City of Delray
44	Beach, Florida.
45	(c) "City Council" means the Delray Beach City Council and
46	any succeeding governing body of the City.
47	(d) "Downtown" and "Downtown area" mean the area herein
48	described and to which this Act primarily relates, including the
49	central business district and its environs.
50	(e) "Herein," "hereby," "hereof," and similar compounds
51	refer to the entire Act.
52	(f) "Including" shall be construed as merely introducing
53	illustrative examples and not as limiting in any way the
54	generality of the inclusive term.
55	(g) "Majority" without qualification means a majority of a
56	quorum.
57	(h) "State" means the State of Florida.
58	Section 3. DOWNTOWN AREA DESCRIPTION.--The Downtown
59	area includes all lands lying within boundaries described
60	as:
61	Beginning at a point on the intersection of the High
62	Water Mark of the Atlantic Ocean and the easterly
63	projection of the north line of the south half of Lot
64	13, Plat of the Fractional East Half Section 16,
65	Township 46 South, Range 43 East (according to the
66	Plat thereof as recorded in Plat Book 1, page 25 of
67	the Public Records of Palm Beach County, Florida);
68	thence in a westerly direction along said easterly
69	projection, and the north line of the south half of
70	said Lot 13, and the westerly projection thereof, to
71	the centerline of the right of way for Andrews Avenue;
72	thence southerly along said centerline to the easterly
73	projection of the south property line of the Beach
74	Cabanas Condominium; thence westerly along said
75	easterly projection, and said south property line to
76	the west property line of the Beach Cabanas
77	Condominium; thence northerly along the west property
78	line of said Beach Cabanas Condominium to the south
79	property line of the Grove Condominium; thence
80	westerly along said south property line to the east
81	plat limit of Seabreeze Park Subdivision (according to
82	the plat thereof as recorded in Plat Book 4, Page 31
83	of the Public Records of Palm Beach County, Florida);
84	thence north along said east plat limit to the
85	northeast corner of Lot 21, of said Plat of Seabreeze
86	Park; thence westerly along the north line of said Lot
87	21 and the westerly projection thereof to the west
88	plat limit of Seabreeze Park; thence southerly along
89	said west plat limit to the southeast corner of Lot
90	29, Lowry Park Estates (according to the plat thereof
91	as recorded in Plat Book 24, Page 156 of the Public
92	Records of Palm Beach County, Florida); thence in a
93	northwesterly direction to the southwest corner of
94	said Lot 29; thence continuing along the extension of
95	said line to the intersection with the west right of
96	way line of East Road (as shown on the said plat of
97	Lowry Park Estates); thence southwesterly along said
98	west right of way line to the northeast corner of Barr
99	Terrace Condominium; thence southerly along the east
100	property line of the Barr Terrace Condominium and the
101	southerly extension thereof to a point of intersection
102	with the south right of way line of East Atlantic
103	Avenue (also known as State Road 806); thence westerly
104	along said south right of way line of East Atlantic
105	Avenue to the intersection of the centerline of the
106	Intracoastal Waterway right of way; thence northerly
107	along said centerline of the Intracoastal Waterway to
108	the intersection with the easterly projection of the
109	centerline of N.E. 1st Street right of way; thence
110	westerly along said easterly projection, and the
111	centerline of N.E. 1st Street right of way to a point
112	of intersection with the southerly projection of the
113	west line of Lot 20, Block 115, Town of Linton
114	(according to the plat thereof as recorded in Plat
115	Book 1, Page 3 of the Public Records of Palm Beach
116	County, Florida); thence northerly along said
117	southerly projection of the west line of said Lot 20
118	to the southwest corner of said Lot 20; thence
119	northerly along the west lot lines of Lots 20, 19, 18,
120	17, 16, 15, 14, 13, 12 and 11 of said Block 115 to the
121	northwest corner of Lot 11, of said Block 115; thence
122	northerly along the northern projection of the west
123	line of said Lot 11 to the southwest corner of Lot 20,
124	Block 114, said plat of the Town of Linton; thence
125	northerly along the west line of Lots 20, 19, 18, 17,
126	16, 15, 14, 13, 12, and Lot 11 of said Block 114, to
127	the northwest corner of Lot 11, of said Block 114;
128	thence northerly along the northern projection of the
129	west line of said Lot 11 to the southwest corner of
130	Lot 14, Block 113, Highland Park (according to the
131	plat thereof as recorded in Plat Book 2, Page 79 of
132	the Public Records of Palm Beach, Florida); thence
133	northerly along the west line of Lots 14, 13, 12, 11,
134	10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 of said Block 113
135	to the northwest corner of Lot 1, of said Block 113;
136	thence northerly along the northern projection of the
137	west line of said Lot 1 to the intersection with the
138	centerline of the right of way of N.E. 4th Street;
139	thence westerly along said centerline of N.E. 4th
140	Street to the centerline of the right of way of N.E.
141	1st Avenue; thence southerly along said centerline of
142	N.E.1st Avenue to the intersection with the centerline
143	of the right of way of N.E. 3rd Street; thence
144	easterly along said centerline of N.E. 3rd Street to
145	the intersection of the northern projection of the
146	east property line of Lot 1, Block 74, plat of the
147	Subdivision of Block 74 (according to the plat thereof
148	as recorded in Plat Book 11, Page 12 of the Public
149	Records of Palm Beach, Florida); thence southerly
150	along said projection, to the northeast corner of Lot
151	1 of said plat of the Subdivision of Block 74; thence
152	southerly along the east line of Lots 1, 2, 3, 4, 5,
153	6, 7, 8, 9, 10, 11, and 12, and the southerly
154	projection of the east line of Lot 12 of said plat of
155	the Subdivision of Block 74 to the northeast corner of
156	Lot 1, Block 75, said plat of the Town of Linton;
157	thence southerly along the east line of Lots 1, 2, 3,
158	4, 5, and 6, said Block 75, to the northeast corner of
159	Lot 7 of said Block 75; thence westerly along the
160	north line of Lot 7, Block 75 and the westerly
161	projection of said north line of Lot 7, Block 75, to
162	the centerline of the N.E.1st Avenue right of way;
163	thence southerly along said centerline of N.E.1st
164	Avenue right of way to its intersection with the
165	centerline of N.E.1st Street; thence westerly along
166	said centerline of N.E.1st Street to the intersection
167	with the centerline of the Swinton Avenue right of way
168	and N.W. 1st Street; thence in a westerly direction
169	along the centerline of N.W. 1st Street to a point of
170	intersection with the centerline of N.W. 3rd Avenue;
171	thence in a southerly direction along the centerline
172	of N.W. 3rd Avenue to a point of intersection with the
173	easterly extension of the north lot line of Lot 6,
174	Revised Plat of Block 36, Plat Book 5, Page 38, as
175	recorded in the public records of Palm Beach County,
176	Florida; thence in a westerly direction along said
177	extension, and the north line of said Lot 6, and the
178	westerly extension thereof, to a point of intersection
179	with the centerline of the north/south alley of said
180	Revised Plat of Block 36; thence in a northerly
181	direction along said centerline to a point of
182	intersection with the easterly extension of the south
183	line of Lot 21, of said Revised Plat of Block 36;
184	thence in a westerly direction along said extension
185	line, and the south line of said Lot 21, and the
186	westerly extension thereof, to a point of intersection
187	with the centerline of N.W. 4th Avenue; thence in a
188	north erly direction along said centerline to a point
189	of intersection with the centerline of N.W. 1st
190	Street; thence in a westerly direction along the
191	centerline of N.W.1st Street to a point of
192	intersection with the southerly extension of the
193	centerline of the north-south alley of Block 27, said
194	plat of the Town of Linton (north half of block has
195	since been replatted to the Plat of Resubdivision of
196	Block 27, Plat Book 21, page 43, as recorded in the
197	Public records of Palm Beach County, Florida); thence
198	in a northerly direction along said extension line and
199	said centerline of the north-south alley, and the
200	northerly extension of said centerline to point of
201	intersection with the centerline of N.W. 2nd Street;
202	thence in a westerly direction along the centerline of
203	N.W. 2nd Street to a point of intersection with the
204	northerly extension of the west line of Lot 1, Plat of
205	Melvin S. Burd Subdivision, Plat Book 11, Page 73, as
206	recorded in the public records of Palm Beach County,
207	Florida; thence in a southerly direction along said
208	extension, and west lot lines of Lots 1, 2, 3, 4, 5,
209	6, 7, and 8, said Plat of Melvin S. Burd Subdivision,
210	to a point at the south west corner of said lot 8;
211	thence in a westerly direction along the westerly
212	extension of the south line of said Lot 8, and the
213	south line of Lot 16, said Plat of Melvin S. Burd
214	Subdivision, to a point of intersection of a line 135
215	feet east of and parallel with, the west line of Block
216	19, said plat of the Town of Linton; thence in a
217	southerly direction along said parallel line to a
218	point of intersection with a line 135 feet north of
219	and parallel with, the south line of said Block 19;
220	thence in a westerly direction along said line to a
221	point of intersection with a line 165 feet west of and
222	parallel with, the east line of said Block 19; thence
223	in a southerly direction along said line, and
224	southerly extension thereof, to a point of
225	intersection with the centerline of N.W. 1st Street;
226	thence in an easterly direction along said centerline
227	to the point of intersection with the northerly
228	extension of a line 135 feet east of and parallel
229	with, the west line of Block 20, said plat of the Town
230	of Linton; thence in a southerly direction along said
231	extension and parallel line to a point of intersection
232	with a line 300 feet south of and parallel with, the
233	north line of said Block 20; thence in westerly
234	direction along said parallel line to a point of
235	intersection with the west line of said Block 20;
236	thence in a westerly direction to a point at the
237	southeast corner of Lot 17, Block 12, of the Plat of
238	the Monroe Subdivision, Plat Book 14, Page 67, as
239	recorded in the public records of Palm Beach County,
240	Florida; thence in westerly direction along the south
241	line of said Lot 17, and westerly extension thereof,
242	to a point of intersection with the centerline of the
243	north-south alley of said Block 12, Monroe
244	Subdivision; thence in a northerly direction along
245	said centerline to a point of intersection with the
246	easterly extension of the north line of Lot 26, of
247	said Block 12, Monroe Subdivision; thence in a
248	westerly direction along said extension, and north
249	line of said Lot 26, and westerly extension thereof,
250	to a point of intersection with the centerline of N.W.
251	7th Avenue; thence in a southerly direction along said
252	centerline to a point of intersection with the
253	easterly extension to the south line of Lot 17, Block
254	4, said Plat of Monroe Subdivision; thence in a
255	westerly direction along said extension, and the south
256	line of said Lot 17, and the westerly extension
257	thereof, and the south line of Lot 26 and 25, Block 4,
258	said Plat of Monroe Subdivision, and the westerly
259	extension of said Lot 25 to a point of intersection
260	with the centerline of N.W. 8th Avenue; thence in a
261	northerly direction along said centerline to a point
262	of intersection with the easterly extension of the
263	south line of the Plat of West Side Heights, Plat Book
264	13, Page 61, as recorded in the public records of Palm
265	Beach County, Florida; thence in an westerly direction
266	along said extension, and the south line of said Plat
267	of West Side Heights, and the westerly extension
268	thereof, to a point of intersection with the
269	centerline of N.W. 10th Avenue; thence in a southerly
270	direction along said centerline to a point of
271	intersection with the easterly extension of the north
272	line of Lot 11, Block 2, Plat of Atlantic Pines, Plat
273	Book 13, Page 77, as recorded in the public records of
274	Palm Beach County, Florida; thence in a westerly
275	direction along said extension, and the north line of
276	said Lot 11, and the westerly extension of the north
277	line of said Lot 11, and the north line of Lot 30, of
278	said Block 2, and the westerly extension of the north
279	line of Lot 30 to a point of intersection with the
280	centerline of N.W. l1th Avenue; thence in an westerly
281	direction to a point at the northeast corner of Lot
282	14, Block 1, said Plat of Atlantic Pines; thence in a
283	westerly direction along the north line of said Lot
284	14, and the westerly extension thereof to a point of
285	intersection with the centerline of the north-south
286	alley in Block 1, said Plat of Atlantic Pines; thence
287	in a southerly direction along said centerline to a
288	point of intersection with the easterly extension of
289	the north line of Lot 34, of said Block 1; thence in a
290	westerly direction along said extension, and the north
291	line of said Lot 34, and the westerly extension
292	thereof, to a point of intersection with the
293	centerline of N.W. 12th Avenue; thence in a southerly
294	direction along said centerline to a point of
295	intersection with the easterly extension of the south
296	line of Lot 21, Block 1, Plat of Atlantic Park
297	Gardens, Plat Book 14, Page 56, as recorded in the
298	public records of Palm Beach County, Florida; thence
299	in a westerly direction along said extension, and
300	south line of said Lot 21, and westerly extension
301	thereof, and the south line of Lot 12, Block 1, said
302	Plat of Atlantic Park Gardens, and the westerly
303	extension thereof, to a point of intersection with
304	centerline of N.W. 13th Avenue; thence in a westerly
305	direction to a point at the southeast corner of Lot
306	12, Block 1, Plat of Odmanns Subdivision, Plat Book 4,
307	Page 53, as recorded in the public records of Palm
308	Beach County, Florida; thence in a westerly direction
309	along the south line of said Lot 12, and the westerly
310	extension thereof, and the south line of Lot 21, Block
311	1, said Plat of Odmanns Subdivision, to a point at the
312	southwest corner of said Lot 21; thence in a southerly
313	direction to a point at the northwest corner of Lot
314	21, Block 4, said Plat of Odmanns Subdivision; thence
315	in an easterly direction along the north line of said
316	Lot 21, and the easterly extension thereof, and the
317	north line of Lot 12, said Block 4, and the easterly
318	extension thereof, to a point of intersection with the
319	centerline of S.W. 13th Avenue; thence in an easterly
320	direction to a point at the northwest corner of Lot
321	12, Block 2, said Plat of Atlantic Park Gardens;
322	thence in an easterly direction along the north line
323	of said Lot 12, and the easterly extension thereof,
324	and the north line of Lot 21, of said Block 2, and the
325	easterly extension thereof, to a point of
326	intersection with the centerline of S.W. 12th Avenue;
327	thence in a southerly direction along said center line
328	to a point of intersection with the westerly extension
329	of the south line of Lot 13, Block 5, Plat of Atlantic
330	Gardens, Plat Book 14, Page 63, as recorded in the
331	public records of Palm Beach County, Florida; thence
332	in an easterly direction along said extension, and the
333	south line of said Lot 13, and easterly extension
334	thereof, and the south line of Lot 22, and the
335	easterly extension thereof, to a point of intersection
336	with centerline of S.W. 11th Avenue; thence in a
337	southerly direction along said centerline to a point
338	of intersection with the westerly extension of the
339	south line of Lot 15, Block 8, said Plat of Atlantic
340	Gardens; thence in an easterly direction along said
341	extension, and the south line of said Lot 15, and the
342	easterly extension thereof, and the south line of Lot
343	24, of said Block 8, and the easterly extension
344	thereof, to a point of intersection with the
345	centerline of S.W. 10th Avenue; thence in an easterly
346	direction to a point at the southwest corner of Lot
347	10, Block 1, Plat of Belair Heights, Plat Book 20,
348	Page 45, as recorded in the public records of Palm
349	Beach County, Florida; thence in an easterly direction
350	along the south line of said Lot 10, and the easterly
351	extension thereof, and the south line of Lot 19, of
352	said Block 1, and the easterly extension thereof, to a
353	point of intersection with the centerline of S.W. 9th
354	Avenue; thence in a southerly direction along said
355	centerline to a point of intersection with the
356	westerly extension of the south line of Lot 6, Block
357	2, said Plat of Belair Heights; thence in an easterly
358	direction along said extension, and the south line of
359	said Lot 6, to a point at the southeast corner of said
360	Lot 6; thence in a northerly direction along the east
361	line of said Lot 6, and Lot 5, to a point of
362	intersection with a line 250 feet north of, and
363	parallel with, the south line of Lot 9, Plat of the
364	Subdivision of 17-46-43, Plat Book 1, Page 4, as
365	recorded in the public records of Palm Beach County,
366	Florida; thence in an easterly direction along said
367	line to a point of intersection with the centerline of
368	S.W. 8th Avenue; thence in a southerly direction along
369	said centerline to a point of intersection with the
370	westerly extension of the south line of Lot 16, Block
371	5, Plat of the Subdi vision of Block 5, Plat Book 21,
372	Page 43, as recorded in the public records of Palm
373	Beach County, Florida; thence in an easterly direction
374	along said extension, and the south line of Lot 16 and
375	Lot 25, of said Block 5, and the easterly extension of
376	the south line of said Lot 25, to a point of
377	intersection with the centerline of S.W. 7th Avenue;
378	thence in an easterly direction to the point of
379	intersection of a line 385 feet south of, and parallel
380	with, the north line Block 13, said Plat of the Town
381	of Linton, and the west line of said Block 13; thence
382	in an easterly direction along said parallel line to a
383	point of intersection with a line 135 west of, and
384	parallel with, the east line of said Block 13; thence
385	in a northerly direc tion along the directly
386	aforementioned parallel line to a point of
387	intersection with a line 250 feet north of, and
388	parallel with, the south line of said Block 13; thence
389	in an easterly direction along the directly aforemen
390	tioned parallel line to a point of intersection with
391	the centerline of S.W. 6th Avenue; thence in a
392	northerly direction along said centerline to a point
393	of intersection with a line 290 north of, and parallel
394	with, the south line of Block 21, said Plat of the
395	Town of Linton; thence in an easterly direction along
396	said parallel line to a point of intersection with a
397	line 135 feet east of, and parallel with, the west
398	line of said Block 21; thence in a southerly direction
399	along directly aforementioned parallel line to a point
400	of intersection with the centerline of S.W. 1st
401	Street; thence in an easterly direction along said
402	centerline to a point of intersection with the
403	southerly extension of the west line of Lot 27, Block
404	29, Plat of the Resubdivision of Blocks 29 & 37, Plat
405	Book 9, Page 66, as recorded in the public records of
406	Palm Beach County, Florida; thence in a northerly
407	direction along said extension, and the west line of
408	Lots 27, 26, 25, 24, 23, 22, 21, 20, 19, 18, 17, 16,
409	15, 14 (all in said Block 29), to a point at the
410	northwest corner of said Lot 14; thence in an easterly
411	direction along the north line of said Lot 14, and
412	easterly extension thereof, to a point of intersection
413	with the centerline of S.W. 4th Avenue; thence in a
414	southerly direction along said centerline to a point
415	of intersection with the centerline of S.W. 1st
416	Street; thence in an easterly direction along the
417	centerline of S.W. 1st Street to a point of
418	intersection with the centerline of S.W. 3rd Avenue;
419	thence in a southerly direction along the centerline
420	of S.W. 3rd Avenue to a point of intersection with the
421	westerly extension of the south line of the Plat of
422	Palm Beach County South County Judicial Center, Plat
423	Book 60, Page 124, as recorded in the public records
424	of Palm Beach County, Florida; thence in an easterly
425	direction along said extension, and the south line of
426	said Plat of Palm Beach County South County Judicial
427	Center, and easterly extension thereof, to a point of
428	intersection with the centerline of S.W. 2nd Avenue;
429	thence in a northerly direction along said centerline
430	to a point of intersection with the centerline of S.W.
431	1st Street; thence in an easterly direction along the
432	centerline of S.W. 1st Street to a point of
433	intersection with the centerline of S.W. 1st Avenue;
434	thence in a northerly direction along the centerline
435	of S.W. 1st Avenue to a point of intersection westerly
436	extension of the south line of Lot 1, Block 61, said
437	Plat of the Town of Linton; thence in an easterly
438	direction along said extension, and the south line of
439	Lots 1, 2, 3, 4, said Block 61, and the easterly
440	extension of said Lot 4, to a point of intersection
441	with the centerline of Swinton Avenue; thence
442	southerly along said centerline of Swinton Avenue to
443	its intersection with the westerly projection of the
444	north line of Lot 7, plat of the Subdivision of Block
445	69, Plat Book 2, Page 43, as recorded in the public
446	records of Palm Beach County, Florida; thence easterly
447	along said westerly projection to the northwest corner
448	of said Lot 7; thence east along the north line of
449	said Lot 7, to the northeast corner of said Lot 7;
450	thence easterly along the westerly projection of the
451	north line of Lot 24, said plat of the Subdivision of
452	Block 69, to the northwest corner of said Lot 24;
453	thence easterly along the north line of said Lot 24
454	to the northeast corner of said Lot 24; thence
455	easterly along the eastern projection of the north
456	line of said Lot 24 to the intersection with the
457	centerline of the right of way of S.E. 1st Avenue;
458	thence southerly along said centerline of S.E. 1st
459	Avenue to the intersection with the centerline of the
460	right of way of S.E. 2nd Street; thence easterly along
461	said centerline of S.E. 2nd Street to the intersection
462	of the northerly projection of the west line of Lot 2,
463	Roebucks Resubdivision of Block 103 (according to the
464	plat thereof as recorded in Plat Book 28, Page 19 of
465	the Public Records of Palm Beach County, Florida);
466	thence southerly along said northerly projection of
467	the west line of said Lot 2 to the northwest corner of
468	said Lot 2; thence southerly along the west line of
469	Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, and 12 of said
470	Roebucks Resubdivision of Block 103 to the southwest
471	corner of said Lot 12; thence southerly along the
472	south projection of the west line of said Lot 12 to
473	the intersection with the centerline of the right of
474	way of S.E. 3rd Street; thence easterly along said
475	centerline of S.E. 3rd Street to the southerly
476	projection of the west line of Lot 13, Gracey-Byrd
477	Subdivision of Block 119 (according to the plat
478	thereof as recorded in Plat Book 10, Page 52 of the
479	Public Records of Palm Beach County, Florida); thence
480	northerly along said southerly projection of said Lot
481	13 to the southwest corner of said Lot 13; thence
482	northerly along the west lot line of Lots 13, 14, 15,
483	16, 17, 18, 19, 20, 21, 22, 23, and 24, of said plat
484	of Gracey-Byrd Subdivision to the northwest corner of
485	Lot 24, of said Gracey-Byrd Subdivision; thence
486	northerly along the northern projection of the west
487	line of said Lot 24 to the southwest corner of Lot 12,
488	subdivision of Block 118 (according to the plat
489	thereof as recorded in Plat Book 2, Page 8 of the
490	Public Records of Palm Beach County, Florida); thence
491	northerly along the west lines of Lots 12, 11, 10, 9,
492	8, 7, 6, 5, 4, 3, 2, and 1, of said subdivision of
493	Block 118 to the northwest corner of Lot 1 of said
494	subdivision of Block 118; thence northerly along the
495	northern projection of the west line of said Lot 1 to
496	the southwest corner of Lot 24, Block 117, said plat
497	of the Town of Linton; thence northerly along the west
498	line of Lots 24, 23, 22, 21, 20, and 19 of said Block
499	117, to the southwest corner of Lot 18 of said Block
500	117; thence easterly along the south line of said Lot
501	18, and easterly projection thereof, to the east right
502	of way line of S.E. 7th Avenue; thence northerly along
503	the east right of way line of S.E. 7th Avenue to the
504	northwest corner of Lot 12, Palm Square, an unrecorded
505	plat located in Block 125 and Block 133, said plat of
506	the Town of Linton; thence easterly along the north
507	lot lines of Lots 12, 43, 59, and 90 of said
508	unrecorded plat of Palm Square, and easterly
509	projection of the north line of said lot 90, to the
510	point of intersection with the east right of way line
511	of the Intracoastal Waterway; thence southerly along
512	the east right of way line of the Intracoastal
513	Waterway to the southwest corner of the Waterway East
514	Commercial Condominium property; thence easterly along
515	the south line of said property and easterly extension
516	thereof to the southwest corner of Lot A, John B.
517	Reid's Village Subdivision (according to the plat
518	thereof as recorded in Plat Book 21, Page 95 of the
519	Public Records of Palm Beach County, Florida); thence
520	easterly along the south line of said Lot A, to a
521	point on the southeast corner of said Lot A; thence in
522	a northerly direction along the west line of Lot 7,
523	Block C of said plat of John B. Reid's Village
524	Subdivision to the northwest corner of said Lot 7;
525	thence easterly along the north line of said Lot 7, to
526	the northeast corner of said Lot 7; thence southerly
527	along the east line of said Lot 7 to the southeast
528	corner of said Lot 7; thence in an easterly direction
529	to the southwest corner of Lot 8, Block 4, Ocean Park
530	Subdivision (according to the plat thereof as recorded
531	in Plat Book 5, Page 15 of the Public Records of Palm
532	Beach County, Florida); thence easterly along the
533	south line of said Lot 8 to the southeast corner of
534	said Lot 8; thence in a northerly direction along the
535	east line of Lots 8, 7, and 6, to the northeast corner
536	of said Lot 6 (being in Block 4, Ocean Park
537	Subdivision, as recorded in Plat Book 5, Page 15 of
538	the Public Records of Palm Beach County, Florida);
539	thence easterly to the southwest corner of Lot 8,
540	Block 3 of said Ocean Park Subdivision; thence
541	easterly along the south line of said Lot 8 to the
542	southeast corner of said Lot 8; thence northerly along
543	the east line of said Lot 8 and Lot 7 to the northwest
544	corner of Lot 24, Block 3 of said Ocean Park
545	Subdivision; thence easterly along the north line of
546	said Lot 24, to the northeast corner of said Lot 24;
547	thence easterly to the northwest corner of Lot 7,
548	Block 2, of said Ocean Park Subdivision; thence in an
549	easterly direction along the north line of lots 7 and
550	24, Block 2, of said Ocean Park Subdivision, to the
551	northeast corner of said Lot 24; thence easterly to
552	the northwest corner of Lot 16, Block 1, of said Ocean
553	Park Subdivision; thence easterly along the north line
554	of Lots 16 and 2, Block 1, of said Ocean Park
555	Subdivision to a point at the northeast corner of said
556	Lot 2, Block 1, of said Ocean Park Subdivision; thence
557	easterly along an extension of the north line of Lot
558	2, Block 1, of said Ocean Park Subdivision to the mean
559	high water line of the Atlantic Ocean; thence
560	northerly along said high water line to the point of
561	beginning.
562	Section 4. CREATION OF THE AUTHORITY; COMPOSITION AND
563	PROVISIONS RELATING TO MEMBERS.--There is hereby created a board
564	composed of seven members to be known officially as the "Delray
565	Beach Downtown Development Authority." It is hereby constituted
566	a body corporate and an agency of the City, and performance by
567	the Authority of its duties and exercise of its powers are
568	hereby designated municipal functions and shall be so construed.
569	(a) The City Council shall by vote of a majority of its
570	entire membership appoint the members of the Authority, and by
571	vote of four-fifths of its entire membership, after notice
572	specifying the charges and a hearing held not earlier than ten
573	days after personal delivery of notice or mailing thereof by
574	registered or certified mail addressed to the member at his or
575	her latest known residence, the City Council may remove a member
576	of the Authority for good cause, including willful neglect of
577	duty, incompetence or unfitness to perform his or her duty, or
578	conviction of an offense involving moral turpitude. A member so
579	removed shall be entitled to review by the circuit court of the
580	action taken.
581	(b) Each member shall be appointed for a term of three
582	years beginning July 1. Two members shall be appointed
583	commencing on July 1 following the referendum approving the
584	expansion of the Delray Beach Downtown Development Authority
585	boundaries.
586	(c) To qualify for appointment to the Authority, and to
587	remain qualified for service on it, a prospective member or a
588	member already appointed shall reside in or have his or her
589	principal place of business in the City and shall not be serving
590	as a City officer or employee. At least four of the members
591	shall be owners of realty within the Downtown area, a lessee
592	thereof required by the lease to pay taxes thereon, or a
593	director, officer, or managing agent of an owner or of a lessee
594	thereof so required to pay taxes thereon. To the extent that it
595	is possible, appointments to the Authority shall be made so that
596	the members shall be geographically proportioned as evenly as is
597	possible within the Downtown area as described in Section 3, as
598	amended.
599	(d) Vacancy in office, which shall be filled within thirty
600	days of its occurrence for the remainder of the unexpired term,
601	shall occur whenever a member is removed from office, becomes
602	disqualified or otherwise unable to serve, resigns, or
603	disappears without explanation for a period of six months. The
604	City Council shall fill any vacancy in office for the unexpired
605	term.
606	(e) Each member of the Authority shall serve without
607	compensation for services rendered as a member but may be
608	reimbursed by the Authority for necessary and reasonable
609	expenses actually incurred in the performance of duty. The
610	Authority need not but may require that all of its members or
611	any or all of its officers or employees be required to post bond
612	for faithful performance of duty, and the Authority shall pay
613	bonding costs. No member of the Authority shall be personally
614	liable for any action taken in attempting in good faith to
615	perform his or her duty, or for a decision not to act, except in
616	instances of fraud or willful neglect of duty.
617	Section 5. AUTHORITY BYLAWS AND INTERNAL GOVERNMENT.--The
618	Authority shall formulate and may amend its own rules of
619	procedure and written bylaws not inconsistent herewith. A
620	majority of its entire membership shall constitute a quorum for
621	the transaction of business. All action shall be taken by at
622	least four affirmative votes of the Authority, and each member
623	present shall vote on each matter unless barred from voting as
624	herein provided. The Authority shall select one of its members
625	as Chair and another as Vice Chair and shall prescribe their
626	duties, powers, and terms of serving. It shall hold regular
627	meetings at least once a month and shall provide in its bylaws
628	for holding special meetings. All meetings shall be open to the
629	public. The bylaws may provide for the Mayor of the City, or
630	his or her representative, to attend meetings of the Board as an
631	ex officio member, but he or she shall not have any vote or
632	power over the Board except that he or she shall be entitled to
633	speak on any issue or question before the Board.
634	Section 6. FUNCTIONS OF THE AUTHORITY.--The Authority
635	shall perform the following functions:
636	(a) Prepare an analysis of the economic conditions and
637	changes occurring in the Downtown area, including the effect
638	thereon of such factors as metropolitan growth, traffic
639	congestion, lack of adequate parking and other access
640	facilities, and structural obsolescence and deterioration.
641	(b) Formulate long-range plans for improving the
642	attractiveness and accessibility to the public of Downtown
643	facilities, promoting efficient use thereof, remedying the
644	deterioration of Downtown property values, and developing the
645	Downtown area.
646	(c) Recommend to the City Council and to Downtown
647	businesspersons and residents the actions deemed most suitable
648	for implementing the Downtown development plans, including
649	removal, razing, repair, renovation, reconstruction, remodeling,
650	and improvement of existing structures, addition of new
651	structures and facilities, relocation of any of those existing,
652	and changes in patterns of and facilities for getting thereto
653	and therefrom.
654	(d) Participate actively in the implementation and
655	execution of Downtown development plans, including
656	establishment, acquisition, construction, ownership, financing,
657	leasing, licensing, operation, and management of public
658	facilities deemed feasible and beneficial in effecting
659	implementation, but this paragraph shall not give the Authority
660	any power or control over any City property unless and until
661	assigned to it by the City Council under the provisions of
662	paragraph (f) of this section.
663	(e) Participate actively in plans and programs to
664	encourage economic development and promotion of the Downtown as
665	a prosperous Downtown Area.
666	(f) Carry on all projects and undertakings authorized by
667	law and within the limits of the powers granted to it by law,
668	and such additional public projects and undertakings related to
669	the Downtown area as the City Council may assign to it with its
670	consent.
671	Section 7. POWERS OF THE AUTHORITY.--In the performance of
672	the functions vested in or assigned to the Authority, it is
673	hereby granted the following powers:
674	(a) To enter into contracts and agreements, and to sue and
675	be sued as a body corporate;
676	(b) To have and use a corporate seal;
677	(c) To acquire, own, convey, or otherwise dispose of,
678	lease as lessor or lessee, construct, maintain, improve,
679	enlarge, raze, relocate, operate, and manage property and
680	facilities of whatever type, and grant or acquire licenses,
681	easements, and options with respect thereto;
682	(d) To accept grants and donations of any type of
683	property, labor, or other thing of value from any public or
684	private source;
685	(e) To receive the proceeds of the tax hereby imposed;
686	(f) To receive the revenues from any property or facility
687	owned, leased, licensed, or operated by it or under its control,
688	subject to the limitations imposed upon it by trusts or other
689	agreements validly entered into by it;
690	(g) To have exclusive control of all funds legally
691	available to it, subject to limitations imposed upon it by law
692	or by any agreement validly entered into by it;
693	(h) To cooperate and enter into agreements with any
694	governmental agency or other public body;
695	(i) To make to or receive from the City or Palm Beach
696	County conveyances, leasehold interests, grants, contributions,
697	loans, and other rights and privileges;
698	(j) To request by resolution that the City exercise its
699	municipal power of eminent domain in specific instances for the
700	use and benefit of the Authority and, if the City complies with
701	the request and the property involved is acquired, the Authority
702	shall take over and assume control of such property on terms
703	mutually agreed upon between the City and the Authority, but the
704	Authority shall not thereafter be authorized to sell, lease, or
705	otherwise dispose of such property so acquired without the
706	formal consent of the City Council;
707	(k) To issue and sell revenue certificates as hereinafter
708	provided, or in any other manner permitted by law and not
709	inconsistent with the provisions hereof, and to take all steps
710	deemed by it necessary or expedient for efficient preparation
711	and marketing of the certificates at public or private sale at
712	the best price obtainable, including the entry into binding
713	agreements with corporate trustees, underwriters, and the
714	holders of the certificates, and the employment and payment, as
715	a necessary expense of issuance, for the services of consultants
716	on valuations, costs, and feasibility of undertaking, revenues
717	to be anticipated and other financial matters, architecture,
718	engineering, legal matters, accounting matters, and any other
719	fields in which expert advice may be needed to effectuate
720	advantageous issuance and marketing;
721	(l) To fix, regulate, and collect rates and charges for
722	facilities and services furnished by it or under its control and
723	to pledge the revenue to the payment of revenue certificates
724	issued by it;
725	(m) To borrow money on its unsecured notes, for a period
726	not exceeding nine months, in an aggregate amount for all
727	outstanding unsecured notes not exceeding fifty percent of the
728	proceeds received during the immediately prior fiscal year from
729	the tax hereby imposed, and at an annual rate of interest not
730	exceeding the rate being charged at the time of the loan by
731	banks in the City on unsecured short-term loans to local
732	businesses;
733	(n) To acquire by rental or otherwise and to equip and
734	maintain a principal office for the conduct of its business;
735	(o) To employ, when deemed necessary, and prescribe the
736	duties, authority, compensation, and reimbursement of expenses
737	of the Director of the Authority, who shall act as its chief
738	executive officer, a general counsel, who shall be an attorney
739	with at least two years of experience in active Florida practice
740	and so engaged at the time of appointment, and such other
741	personnel as it may, after consultation with the Director, deem
742	necessary from time to time; provided, its personnel shall not
743	be under civil service regulations and shall be employed to
744	serve at its pleasure. Its personnel shall not while employed by
745	it serve as City officers or employees, and, with the exception
746	of its Secretary, shall not while employed by it serve as a
747	member of it; and
748	(p) To exercise all powers incidental to the effective and
749	expedient exercise of the foregoing powers to the extent not in
750	conflict herewith or inconsistent herewith.
751	Section 8. LEVY OF AD VALOREM TAX.--For the fiscal year of
752	the Authority beginning within the calendar year 1972, and for
753	each fiscal year thereafter, an ad valorem tax in addition to
754	all other ad valorem taxes is hereby levied annually for the
755	purpose of financing the operation of the Authority on all
756	property in the Downtown area that is subject to ad valorem
757	taxation for City operation expenses. The tax base shall be the
758	assessed valuation made annually by the County tax assessor. The
759	rate shall be one mill on each dollar of tax base in 1972 and
760	each year thereafter; provided, for each year after the first
761	year of levy the Authority, by written notice to the County tax
762	collector at such time as he or she shall specify, may set a
763	rate of less than one mill for the ensuing fiscal year. The
764	County tax collector shall collect the tax when and in the same
765	manner in which he or she collects the City ad valorem taxes,
766	with the same discounts for early payment, and shall pay the
767	proceeds into the City treasury for the account of the
768	Authority.
769	Section 9. AUTHORITY RECORDS AND FISCAL MANAGEMENT.--The
770	fiscal year of the Authority shall coincide with that of the
771	City.
772	(a) All funds of the Authority shall be received, held,
773	and secured like other public funds by the appropriate fiscal
774	officers of the City. The funds of the Authority shall be
775	maintained under a separate account, shall be used for only the
776	purposes herein authorized, and shall be disbursed only by the
777	direction of or with the approval of the Authority pursuant to
778	requisitions signed by the Director or other designated chief
779	fiscal officer of the Authority and countersigned in such
780	instances and manner as the Authority bylaws may prescribe. The
781	Authority may pay the City, as an operating expense, a
782	reasonable amount for the services rendered by the City to it at
783	its request.
784	(b) The Authority bylaws shall provide for maintenance of
785	minutes and other official records of its proceedings and
786	actions, for preparation and adoption of an annual budget for
787	each ensuing fiscal year, for internal supervision and control
788	of its accounts, which function the appropriate City fiscal
789	officers may perform for it at its request, and for an external
790	audit at least annually by an independent certified public
791	accountant who has no personal interest, direct or indirect, in
792	its fiscal affairs. The bylaws shall specify the means by which
793	each of these functions is to be performed and, as to those
794	functions assigned to Authority personnel, the manner and
795	schedule of performance.
796	(c) No member or employee of the Authority shall
797	participate by vote or otherwise on behalf of the Authority in
798	any matter in which he or she has a direct financial interest or
799	an indirect financial interest other than that of the benefits
800	to be derived generally from the development of the Downtown
801	area. Participation with knowledge of such interest shall
802	constitute malfeasance and shall result, as regards a member, in
803	automatic forfeiture of office or, as regards an employee, in
804	prompt dismissal.
805	Section 10. TAX EXEMPTION OF AUTHORITY PROPERTY.--All
806	income, donations, property, and facilities of the Authority are
807	hereby dedicated to the effectuation of essential municipal
808	purposes, their use is declared an essential municipal function,
809	and they are granted the same exemptions from taxation as are
810	afforded to income, property, and facilities of the City.
811	Section 11. PROVISIONS GOVERNING ISSUANCE OF
812	CERTIFICATES.--Issuance of revenue certificates by the Authority
813	shall be governed by the following general provisions:
814	(a) Revenue certificates for purposes hereof are limited
815	to obligations that are secured solely by pledge of revenues
816	produced by the facility or facilities for the benefit of which
817	the certificates are issued and the sale proceeds used, that do
818	not constitute a general debt of the Authority, that are not
819	secured directly or indirectly, in whole or in part, by pledge
820	of taxing powers, and that do not constitute a lien or
821	encumbrance, legal or equitable, on any real property of the
822	Authority or on any of its personal property other than the
823	revenues pledged to secure payment of the certificates.
824	(b) The faith and credit of the City shall not be pledged
825	and the City shall not be obligated directly or indirectly to
826	make any payments on or appropriate any funds for certificates
827	issued by the Authority.
828	(c) The rate or rates of interest and the sale price of
829	the certificates by the Authority shall be such that the net
830	interest cost to it on the proceeds received from the sale shall
831	not exceed an average annual rate of eight percent, computed
832	with relation to the absolute maturity of the certificates in
833	accordance with standard tables of bond values and excluding
834	from the computation the amount of any premium to be paid on
835	redemption of the certificates prior to maturity.
836	(d) Before issuing any revenue certificates, the Authority
837	shall, as to each issue: (1) prepare or procure from a reputable
838	source detailed estimates of the total cost of the undertaking
839	for which the certificates are contemplated and of the annual
840	revenues to be obtained therefrom and pledged as security for
841	payment of the certificates; (2) determine that the anticipated
842	net proceeds from their sale, together with any other funds
843	available and intended for the purposes of the issue, will be
844	sufficient to cover all costs of the undertaking and of
845	preparing and marketing the issue or connected therewith; (3)
846	determine that the annual revenues anticipated from the
847	undertaking will be sufficient to pay the estimated annual cost
848	of maintaining, repairing, operating, and replacing to any
849	necessary extent not only the undertaking but also the punctual
850	payment of the principal of and interest on the contemplated
851	certificates; and (4) shall specify these determinations in and
852	include the supporting estimates as parts of the resolution
853	providing for the issue.
854	(e) The Authority may, as to any issue or revenue
855	certificates, engage the services of a corporate trustee for the
856	issue and may treat any or all of the costs of carrying out the
857	trust agreement as part of the operating costs of the
858	undertaking for which the certificates are issued.
859	(f) The Authority shall from time to time establish such
860	rentals, rates, and charges, or shall by legally binding
861	agreement maintain such control thereof, as to meet punctually
862	all payments on the certificates and also the costs of operation
863	of the undertaking and its maintenance and repair, including
864	reserves therefor and for depreciation, replacement, and any
865	necessary extensions.
866	(g) Revenue certificates may be issued for the purposes of
867	funding, refunding, or both.
868	(h) All revenue certificates issued pursuant hereto shall
869	be negotiable instruments for all purposes.
870	Section 12. TRANSFER UPON CESSATION OF THE
871	AUTHORITY.--Should the Authority cease to exist or to operate
872	for whatever reason, all its property of whatever kind shall
873	forthwith become the property of the City, subject to the
874	outstanding obligations of the Authority, and the City shall use
875	this property to the maximum extent then practicable for
876	effectuating the purposes hereof and shall succeed to and
877	exercise all powers of the Authority insofar as such exercise is
878	not in conflict with or inconsistent with the provisions of the
879	City charter or other law applicable to the City.
880	Section 13. ACT CUMULATIVE; NO NOTICE REQUIRED.--Neither
881	this Act nor anything herein contained shall be construed as a
882	restriction or limitation upon any powers which the Authority
883	might otherwise have under any laws of this State, but shall be
884	construed as cumulative of such powers. The foregoing sections
885	of this Act shall be deemed to provide a complete, additional,
886	and alternative method for the doing of the things authorized
887	thereby and shall be regarded as supplemental and additional to
888	powers conferred by other laws; provided, the issuance of
889	revenue certificates and revenue refunding certificates under
890	the provisions of this Act need not comply with the requirements
891	of any other law applicable to the issuance of certificates and
892	bonds including, particularly, chapters 671 through 680, Florida
893	Statutes, 1969 (also known as Uniform Commercial Code). No
894	proceedings, notice, or approval shall be required for the
895	organization of the Authority or the issuance of any
896	certificates or any instrument as security therefor, except as
897	provided herein or pursuant hereto, any law to the contrary
898	notwithstanding; provided, nothing herein shall be construed to
899	deprive the State and its governmental subdivisions of their
900	respective policy powers over any properties of the Authority.
901	Section 14. LIBERAL CONSTRUCTION AND SEVERABILITY.--The
902	provisions of this Act, being necessary for the welfare of the
903	City and its inhabitants, shall be liberally construed to
904	effectuate the purposes herein set forth and are severable.
905	Should any portion hereof be finally held invalid by a court of
906	competent jurisdiction, each other portion shall remain
907	effective to the maximum practicable extent.
908	Section 4. In the event any section or provision of this
909	act is determined to be invalid or unenforceable, such
910	determination shall not affect the validity of or enforceability
911	of each other section and provision of this act.
912	Section 5. Chapters 71-604, 72-524, 80-495, 87-520, 89-
913	477, 91-385, 92-263, 94-476, and 98-503, Laws of Florida, are
914	repealed.
915	Section 6. This act shall take effect upon becoming a law.