| HB 1555, Engrossed 1 |
2003 |
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A bill to be entitled |
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An act relating to the West Palm Beach Downtown |
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Development Authority, Palm Beach County; codifying the |
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district’s charter, chapters 67-2170, 77-664, 83-534, 84- |
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540, 90-460, and 93-381, Laws of Florida; providing |
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legislative intent; amending, codifying, and reenacting |
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all special acts relating to the West Palm Beach Downtown |
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Development Authority as a single act; repealing all prior |
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special acts related to the authority; providing an |
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effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Pursuant to section 189.429, Florida Statutes, |
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this act constitutes the codification of all special acts |
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relating to the West Palm Beach Downtown Development Authority, |
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an independent special district. It is the intent of the |
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Legislature in enacting this law to provide a single, |
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comprehensive special act charter for the West Palm Beach |
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Downtown Development Authority including all current legislative |
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authority granted to the West Palm Beach Downtown Development |
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Authority by its several legislative enactments and any |
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additional authority granted by this act. It is further the |
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intent of this act to preserve all authority of the West Palm |
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Beach Downtown Development Authority.
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Section 2. Chapters 67-2170, 77-664, 83-534, 84-540, 90- |
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460, and 93-381, Laws of Florida, are amended, codified, |
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reenacted, and repealed as herein provided. |
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Section 3. The charter for the West Palm Beach Downtown |
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Development Authority is re-created and reenacted to read: |
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Section 1. Short title.--This Act shall be known and may |
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be cited as the “West Palm Beach Downtown Development Authority |
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Act.”
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Section 2. Definitions and rules of construction.--Unless |
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qualified in the text the following definitions and rules of |
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construction shall apply hereto:
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(a) “Authority” means the West Palm Beach Downtown |
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Development Authority, hereby created, and any successor to its |
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functions, authority, rights, and obligations.
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(b) “City” and “West Palm Beach” mean the City of West |
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Palm Beach, Florida.
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(c) “City Commission” means the West Palm Beach City |
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Commission and any succeeding governing body of the City.
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(d) “Downtown” and “Downtown area” mean the area herein |
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described and to which this Act primarily relates, including the |
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central business district and its environs.
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(e) “Herein,” hereby,” “hereof,” and similar compounds |
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refer to the entire act.
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(f) “Including” shall be construed as merely introducing |
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illustrative examples and not as limiting in any way the |
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generality of the inclusive term.
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(g) “Majority” without qualification means a majority of a |
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quorum.
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(h) “State” means the State of Florida.
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(i) “Mayor” means the Mayor of the City of West Palm |
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Beach.
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Section 3. Downtown area description.--The Downtown area |
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includes all lands lying within boundaries described as:
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A parcel of land lying within the limits of the City |
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of West Palm Beach, Florida, being more particularly |
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described as follows:
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BEGINNING at a point formed by the intersection of the |
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centerline of the Intracoastal Waterway channel in |
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Lake Worth and the Easterly extension of the |
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centerline of Okeechobee Boulevard; thence from said |
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POINT OF BEGINNING Westerly along said centerline of |
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Okeechobee Boulevard to its intersection with the |
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centerline of South Dixie Highway, as shown on |
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PHILLIPS POINT ADDITION OF WEST PALM BEACH, as |
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recorded in Plat Book 1, Page 52, Public Records of |
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Palm Beach County, Florida; thence Northerly along |
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the centerline of South Dixie Highway to its |
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intersection with the centerline of Hibiscus Street, |
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as shown on POTTER ADDITION to West Palm Beach, as |
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recorded in Plat Book 2, Page 42, Public Records of |
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Palm Beach County, Florida; thence Westerly along the |
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centerline of Hibiscus Street to its intersection with |
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the main line track of the Florida East Coast |
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Railroad; thence Northerly along the centerline of |
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the main line track of the Florida East Coast Railroad |
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to its intersection with a 14 foot alley, lying North |
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of and adjacent to Block 62, Plat of MODEL LAND |
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COMPANY ADDITION, as recorded in Plat Book 1, Page |
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106, Public Records of Palm Beach County, Florida; |
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thence Westerly along said centerline of the 14 foot |
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alley, to its intersection with the centerline of |
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Georgia Avenue, as shown on HIGHLAND PARK LAND COMPANY |
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ADDITION, as same as recorded in Plat Book 1, Page |
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122, Public Records of Palm Beach County, Florida; |
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thence Southerly along the centerline of Georgia |
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Avenue to its intersection with the centerline of Iris |
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Street; thence Westerly along the centerline of Iris |
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Street, to a point 62.00 feet West of the West line of |
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Lot 9, Block 75, said HIGHLAND PARK LAND COMPANY |
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ADDITION; thence Southerly along the line parallel to |
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and 62.00 feet West of as measured at right angles to |
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the West line of said Lot 9, Block 75, to its |
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intersection with the centerline of an existing paved |
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road, lying East of the location of the existing |
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Connie Mack Ballfield, said existing paved road being |
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the Northerly extension of Lake Avenue; thence |
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Southerly along the centerline of said Lake Avenue, to |
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its intersection with the centerline of Jasmine |
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Street, as same as shown on said HIGHLAND PARK LAND |
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COMPANY ADDITION; thence Southerly along the |
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centerline of said Lake Avenue to its intersection |
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with the centerline of Okeechobee Boulevard, said |
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centerline also being the South line of Section 21, |
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Township 43 South, Range 43 East, Palm Beach County, |
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Florida; thence Westerly along said centerline of |
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Okeechobee Boulevard to its intersection with the |
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centerline of the Seaboard Coast Line Railroad main |
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line track; thence Northerly along the centerline of |
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said Seaboard Coast Line Railroad to its intersection |
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with the Easterly extension of the South line of a |
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commercial Tract “A”, as shown on CLEARWATER PARK, as |
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recorded in Plat Book 33, Pages 120 and 121, Public |
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Records of Palm Beach County, Florida; thence from |
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said point of intersection, Southwesterly to a point |
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formed by the intersection of the centerline of the |
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existing Australian Avenue and the centerline of |
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Okeechobee Boulevard; thence from said point of |
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intersection, continue Northerly and Northwesterly |
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along the centerline of Australian Avenue, as shown on |
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the Plats of said CLEARWATER PARK and CLEARLAKE PARK, |
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as same as recorded in Plat Book 30, Pages 149 and |
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150, to its intersection with the centerline of First |
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Street, as shown on said Plat of CLEARLAKE PARK; |
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thence easterly along the centerline of said First |
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Street, to its intersection with the centerline of the |
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Seaboard Coast Line Railroad main line track; thence |
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Northerly along the centerline of said Seaboard Coast |
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Line Railroad main line track to its intersection with |
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the centerline of the Florida East Coast spur track, |
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as shown on the PLAT OF THE ORIGINAL TOWN SITE OF WEST |
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PALM BEACH, recorded in Plat Book 1, Page 2, Public |
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Records of Palm Beach County, Florida; thence |
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Easterly along the centerline of said Florida East |
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Coast Railroad spur track, to its intersection with |
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the centerline of Rosemary Avenue; thence Northerly |
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along the centerline of Rosemary Avenue, to its |
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intersection with the centerline of Third Street; |
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thence Easterly along the centerline of Third Street |
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to its intersection with the centerline of the Florida |
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East Coast main line track; thence Northerly along |
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the centerline of the Florida East Coast Railroad main |
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line track, to its intersection with the centerline of |
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Seventh Street; thence Easterly along the centerline |
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of Seventh Street to its intersection with the |
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centerline of North Railroad Avenue, as shown on |
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BRELSFORD PARK, recorded in Plat Book 8, Page 21, |
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Public Records of Palm Beach County, Florida; thence |
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Northerly along the centerline of North Railroad |
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Avenue to a point formed by the Westerly extension of |
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the centerline of an alley, lying in Block 4, of said |
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PLAT OF BRELSFORD PARK; thence Easterly along the |
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centerline of said alley through Block 4, to a point |
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formed by the intersection of the centerline of the |
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North/South alley running through said Block 4 of said |
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Plat of BRELSFORD PARK; thence Northerly along the |
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centerline of said alleyway, to its intersection with |
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the centerline of Eighth Street; thence Easterly along |
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the centerline of Eighth Street, to its intersection |
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with the centerline of North Flagler Drive; thence |
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Northerly along the centerline of North Flagler Drive, |
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to its intersection with the Easterly extension of the |
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North line of Lot 21, Block 8, revised Plat of GROVER |
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CARLBERG ADDITION, as recorded in Plat Book 9, Page |
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16, Public Records of Palm Beach County, Florida; |
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thence Easterly along the line being the Easterly |
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extension of the North line of said Lot 21, to its |
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intersection with the centerline of the Intracoastal |
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Waterway channel in Lake Worth; thence Southerly |
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along the centerline of the Intracoastal Waterway |
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channel to the POINT OF BEGINNING.
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The annual tax levy made by section 8 shall hereafter apply to |
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and extend to the entire area hereinabove described.
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Section 4. Creation of the Authority, composition, and |
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provisions relating to members.--There is hereby created a board |
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composed of seven members to be known officially as the “West |
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Palm Beach Downtown Development Authority.” It is hereby |
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constituted a body corporate and an agency of the City; and |
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performance by the Authority of its duties and exercise of its |
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powers are hereby designated municipal functions and shall be so |
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construed.
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(a) The Mayor shall appoint the members of the Authority |
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subject to the ratification of the City Commission by vote of |
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three-fifths of its entire voting membership. By vote of four- |
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fifths of its entire membership, after notice specifying the |
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charges and a hearing held not earlier than 10 days after |
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personal delivery of notice or mailing thereof by registered or |
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certified mail addressed to the member at his or her latest |
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known residence, the City Commission may remove a member of the |
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Authority for good cause, including willful neglect of duty, |
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incompetence or unfitness to perform his or her duty, or |
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conviction of an offense involving moral turpitude. A member so |
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removed shall be entitled to review by the circuit court of the |
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action taken.
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(b) Of the initial members, one shall be appointed for a |
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term expiring July 1, 1968, two for terms expiring July 1, 1969, |
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two for terms expiring July 1, 1970, and two for terms expiring |
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July 1, 1993; and thereafter each member shall be appointed for |
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a term of 3 years beginning July 1.
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(c) To qualify for appointment to the Authority, and to |
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remain qualified for service on it, a prospective member or a |
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member already appointed shall reside in or have his or her |
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principal place of business in the City, shall not be serving as |
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a City officer or employee, and shall be an owner of realty |
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within the Downtown area, a lessee thereof required by the lease |
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to pay taxes thereon, or a director, officer, or managing agent |
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of an owner or of a lessee thereof so required to pay taxes |
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thereon. The membership of the Authority shall be reasonably |
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representative of property owner, residential, retail, |
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professional, and financial interests in the District.
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(d) Vacancy in office, which shall be filled within 10 |
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days after its occurrence for the remainder of the unexpired |
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term, shall occur whenever a member is removed from office, |
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becomes disqualified or otherwise unable to serve, resigns, or |
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disappears without explanation for a period of 6 months. The |
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Mayor shall fill any vacancy in office for the unexpired term, |
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in accordance with subsection(a).
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(e) Each member of the Authority shall serve without |
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compensation for services rendered as a member but shall be |
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reimbursed by the Authority for necessary and reasonable |
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expenses actually incurred in the performance of duty. The |
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Authority need not but may require that all its members or any |
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or all of its officers or employees be required to post bond for |
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faithful performance of duty, and the Authority shall pay |
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bonding costs. No member of the Authority shall be personally |
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liable for any action taken in attempting in good faith to |
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perform his or her duty, or for a decision not to act, except in |
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instances of fraud or willful neglect of duty.
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Section 5. Authority bylaws and internal governance.--The |
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Authority shall formulate and may amend its own rules of |
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procedure and written bylaws not inconsistent herewith. A |
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majority of its entire membership shall constitute a quorum for |
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the transaction of business, but fewer than a quorum may adjourn |
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from time to time and may compel the attendance of absent |
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members. Except as otherwise provided herein or in the |
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Authority bylaws or rules of procedure, all action shall be |
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taken by vote of a majority of those present and voting, and |
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each member present shall vote on each matter unless barred from |
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voting as herein provided. The Authority shall select one of |
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its members as Chair and another as Vice Chair and shall |
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prescribe their duties, powers, and terms of serving. It shall |
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hold regular meetings at least once a month and shall provide in |
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its bylaws for holding special meetings. All meetings shall be |
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open to the public.
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The bylaws may provide for the Mayor of the City, or his or her |
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representative, to attend meetings of the Board as an ex officio |
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member, but he or she shall not have any vote or power over the |
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Board except that he or she shall be entitled to speak on any |
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issue or question before the Board.
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Section 6. Functions of the Authority.--The Authority |
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shall perform the following functions:
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(a) Prepare an analysis of the economic conditions and |
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changes occurring in the Downtown area, including the effect |
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thereon of such factors as metropolitan growth, traffic |
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congestion, lack of adequate parking and other access |
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facilities, and structural obsolescence and deterioration.
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(b) Formulate long-range plans for improving the |
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attractiveness and accessibility to the public of Downtown |
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facilities, promoting efficient use thereof, remedying the |
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deterioration of Downtown property values, and developing the |
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Downtown area.
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(c) Recommend to the Mayor and to Downtown businesspersons |
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and residents the actions deemed most suitable for implementing |
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the Downtown development plans, including removal, razing, |
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repair, renovation, reconstruction, remodeling, and improvement |
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of existing structures, addition of new structures and |
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facilities, relocation of any of those existing, and changes in |
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patterns of and facilities for getting thereto and therefrom.
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(d) Participate actively in the implementation and |
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execution of Downtown development plans, including |
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establishment, acquisition, construction, ownership, financing, |
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leasing, licensing, operation, and management of public |
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facilities deemed feasible and beneficial in effecting |
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implementation, but this paragraph shall not give the Authority |
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any power or control over any City property unless and until |
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assigned to it by the City Commission under the provisions of |
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paragraph(e) of this section.
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(e) Carry on all projects and undertakings authorized by |
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law and within the limits of the powers granted to it by law, |
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such additional public projects and undertakings related to the |
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Downtown area as the Mayor may assign to it with its consent.
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Section 7. Powers of the Authority.--In the performance of |
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the functions vested in or assigned to the Authority, it is |
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hereby granted the following powers:
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(a) To enter into contracts and agreements, and to sue and |
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be sued as a body corporate.
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(b) To have and use a corporate seal.
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(c) To acquire, own, convey or otherwise dispose of, lease |
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as lessor or lessee, construct, maintain, improve, enlarge, |
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raze, relocate, operate, and manage property and facilities of |
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whatever type, and to grant or acquire licenses, easements, and |
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options with respect thereto.
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(d) To accept grants and donations of any type of |
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property, labor, or other thing of value from any public or |
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private source.
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(e) To receive the proceeds of the tax hereby imposed.
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(f) To receive the revenues from any property or facility |
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owned, leased, licensed, or operated by it or under its control, |
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subject to the limitations imposed upon it by trusts or other |
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agreements validly entered into by it.
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(g) To have exclusive control of all funds legally |
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available to it, subject to limitations imposed upon it by law |
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or by any agreement validly entered into by it.
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(h) To cooperate and enter into agreements with any |
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governmental agency or other public body.
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(i) To make or receive from the City or Palm Beach County |
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conveyances, leasehold interests, grants, contributions, loans, |
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and other rights and privileges.
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(j) To request by resolution that the City exercise its |
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municipal power of eminent domain in specific instances for the |
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use and benefit of the Authority and, if the City complies with |
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the request and the property involved is acquired, the Authority |
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shall take over and assume control of such property on terms |
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mutually agreed upon between the City and the Authority, but the |
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Authority shall not thereafter be authorized to sell, lease, or |
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otherwise dispose of such property so acquired without the |
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formal consent of the City Commission.
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(k) To issue and sell revenue certificates as hereinafter |
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provided, or in any other manner permitted by law and not |
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inconsistent with the provisions hereof, and to take all steps |
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deemed by it necessary or expedient for efficient preparation |
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and marketing of the certificates at public or private sale at |
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the best price obtainable, including the entry into binding |
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agreements with corporate trustees, underwriters, and the |
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holders of the certificates, and the employment and payment, as |
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a necessary expense of issuance, for the services of consultants |
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on valuations, costs and feasibility of undertaking, revenues to |
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be anticipated and other financial matters, architecture, |
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engineering, legal matters, accounting matters, and any other |
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fields in which expert advice may be needed to effectuate |
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advantageous issuance and marketing.
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(l) To fix, regulate, and collect rates and charges for |
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facilities and services furnished by it or under its control and |
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to pledge the revenue to the payment of revenue certificates |
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issued by it.
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(m) To borrow money on its unsecured notes, for a period |
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not exceeding 9 months, in an aggregate amount for all |
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outstanding unsecured notes not exceeding 50 percent of the |
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proceeds received during the immediately prior fiscal year from |
|
347
|
the tax hereby imposed, and at an annual rate of interest not |
|
348
|
exceeding the rate being charged at the time of the loan by |
|
349
|
banks in the City on unsecured short-term loans to local |
|
350
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businesses.
|
|
351
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(n) To acquire by rental or otherwise and to equip and |
|
352
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maintain a principal office for the conduct of its business and |
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353
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such branch offices as it may from time to time deem expedient.
|
|
354
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(o) To employ and prescribe the duties, authority, |
|
355
|
compensation, and reimbursement of expenses of the Director of |
|
356
|
the Authority, who shall act as its chief executive officer, a |
|
357
|
general counsel, who shall be an attorney with at least 5 years |
|
358
|
of experience in active Florida practice and so engaged at the |
|
359
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time of appointment, and such other personnel as it may, after |
|
360
|
consultation with the Director, deem necessary from time to |
|
361
|
time, provided that its personnel shall not be under civil |
|
362
|
service regulations, may be employed to serve at its pleasure, |
|
363
|
shall not in any event be contracted with for a term of |
|
364
|
employment longer than 5 years, shall not while employed by it |
|
365
|
serve as City officers or employees, and, with the exception of |
|
366
|
its Secretary, shall not while employed by it serve as a member |
|
367
|
of it.
|
|
368
|
(p) To exercise all powers incidental to the effective and |
|
369
|
expedient exercise of the foregoing powers to the extent not in |
|
370
|
conflict herewith or inconsistent herewith.
|
|
371
|
Section 8. Levy of ad valorem tax.--For the fiscal year of |
|
372
|
the Authority beginning within the calendar year 1967, and for |
|
373
|
each fiscal year thereafter, an ad valorem tax in addition to |
|
374
|
all other ad valorem taxes is hereby levied annually for the |
|
375
|
purpose of financing the operation of the Authority on all |
|
376
|
property in the Downtown area that is subject to ad valorem |
|
377
|
taxation for City operating expenses. The tax base shall be |
|
378
|
assessed valuation made annually by the property appraiser. The |
|
379
|
rate shall be 2 mills on each dollar of tax base in 1967 and |
|
380
|
each year thereafter, provided that, for each year after the |
|
381
|
first year of levy, the Authority may set a millage rate of less |
|
382
|
than 2 mills for the ensuing fiscal year. The tax collector |
|
383
|
shall collect the tax when and in the same manner in which he or |
|
384
|
she collects the City ad valorem taxes, with the same discounts |
|
385
|
for early payment, and shall pay the proceeds to the Authority.
|
|
386
|
Section 9. Authority records and fiscal management.--The |
|
387
|
fiscal year of the Authority shall coincide with that of the |
|
388
|
City.
|
|
389
|
(a) All funds of the Authority shall be received, held, |
|
390
|
and secured like other public funds by the appropriate fiscal |
|
391
|
officers of the DDA. The funds of the Authority shall be |
|
392
|
maintained under a separate account, shall be used for only the |
|
393
|
purposes herein authorized, and shall be disbursed only by |
|
394
|
direction of or with the approval of the Authority pursuant to |
|
395
|
requisitions signed by the Director or other designated chief |
|
396
|
fiscal officer of the Authority and countersigned in such |
|
397
|
instances and manner as the Authority bylaws may prescribe. The |
|
398
|
Authority may pay the City as an operating expense a reasonable |
|
399
|
amount for the services rendered by the City to it at its |
|
400
|
request.
|
|
401
|
(b) The Authority bylaws shall provide for maintenance of |
|
402
|
minutes and other official records of its proceedings and |
|
403
|
actions, for preparation and adoption of an annual budget for |
|
404
|
each ensuing fiscal year, for internal supervision and control |
|
405
|
of its accounts, which function the appropriate City fiscal |
|
406
|
officers may perform for it at its request, and for an external |
|
407
|
audit at least annually by an independent certified public |
|
408
|
accountant who has no personal interest, direct or indirect, in |
|
409
|
its fiscal affairs. The bylaws shall specify the means by which |
|
410
|
each of these functions is to be performed and, as to those |
|
411
|
functions assigned to Authority personnel, the manner and |
|
412
|
schedule of performance.
|
|
413
|
(c) No member or employee of the Authority shall |
|
414
|
participate by vote or otherwise on behalf of the Authority in |
|
415
|
any matter in which he or she has a direct financial interest or |
|
416
|
an indirect financial interest other than that of the benefits |
|
417
|
to be derived generally from the development of the Downtown |
|
418
|
area. Participation with knowledge of such interest shall |
|
419
|
constitute malfeasance and shall result, as regards a member, in |
|
420
|
automatic forfeiture of office or, as regards an employee, in |
|
421
|
prompt dismissal.
|
|
422
|
Section 10. Tax exemption of Authority property.--All |
|
423
|
income, property, and facilities of the Authority are hereby |
|
424
|
dedicated to the effectuation of essential municipal purposes, |
|
425
|
and their use is declared an essential municipal function; and |
|
426
|
they are granted the same exemptions from taxation as are |
|
427
|
afforded to income, property, and facilities of the City.
|
|
428
|
Section 11. Provisions governing issuance of |
|
429
|
certificates.--Issuance of revenue certificates by the Authority |
|
430
|
shall be governed by the following general provisions:
|
|
431
|
(a) Revenue certificates for purposes hereof are limited |
|
432
|
to obligations that are secured solely by pledge of revenues |
|
433
|
produced by the facility or facilities for the benefit of which |
|
434
|
the certificates are issued and the sale proceeds used, that do |
|
435
|
not constitute a general debt of the Authority, that are not |
|
436
|
secured directly or indirectly, in whole or in part, by pledge |
|
437
|
of taxing powers, and that do not constitute a lien or |
|
438
|
encumbrance, legal or equitable, on any real property of the |
|
439
|
Authority or on any of its personal property other than the |
|
440
|
revenues pledged to secure payment of the certificates.
|
|
441
|
(b) The faith and credit of the City shall not be pledged |
|
442
|
and the City shall not be obligated directly or indirectly to |
|
443
|
make any payments on or appropriate any funds for certificates |
|
444
|
issued by the Authority.
|
|
445
|
(c) The rate or rates of interest and the sale price of |
|
446
|
the certificates by the Authority shall be such that the net |
|
447
|
interest cost to it on the proceeds received from the sale shall |
|
448
|
not exceed an average annual rate of 6 percent, computed with |
|
449
|
relation to the absolute maturity of the certificates in |
|
450
|
accordance with standard tables of bond values and excluding |
|
451
|
from the computation the amount of any premium to be paid on |
|
452
|
redemption of the certificates prior to maturity.
|
|
453
|
(d) Before issuing any revenue certificates, the Authority |
|
454
|
shall as to each issue:
|
|
455
|
(1) Prepare or procure from a reputable source detailed |
|
456
|
estimates of the total cost of the undertaking for which the |
|
457
|
certificates are contemplated and of the annual revenues to be |
|
458
|
obtained therefrom and pledged as security for payment of the |
|
459
|
certificates. |
|
460
|
(2) Determine that the anticipated net proceeds from their |
|
461
|
sale, together with any other funds available and intended for |
|
462
|
the purposes of the issue, will be sufficient to cover all costs |
|
463
|
of the undertaking and of preparing and marketing the issue or |
|
464
|
connected therewith.
|
|
465
|
(3) Determine that the annual revenues anticipated from |
|
466
|
the undertaking will be sufficient to pay the estimated annual |
|
467
|
cost of maintaining, repairing, operating, and replacing to any |
|
468
|
necessary extent not only the undertaking but also the punctual |
|
469
|
payment of the principal of and interest on the contemplated |
|
470
|
certificates.
|
|
471
|
(4) Shall specify these determinations in and include the |
|
472
|
supporting estimates as parts of the resolution providing for |
|
473
|
the issue.
|
|
474
|
(e) The Authority may, as to any issue of revenue |
|
475
|
certificates, engage the services of a corporate trustee for the |
|
476
|
issue and may treat any or all of the costs of carrying out the |
|
477
|
trust agreement as part of the operating costs of the |
|
478
|
undertaking for which the certificates are issued.
|
|
479
|
(f) The Authority shall from time to time establish such |
|
480
|
rentals, rates, and charges, or shall by legally binding |
|
481
|
agreement maintain such control thereof, as to meet punctually |
|
482
|
all payments on the certificates and also the costs of operation |
|
483
|
of the undertaking and its maintenance and repair, including |
|
484
|
reserves therefor and for depreciation, replacement, and any |
|
485
|
necessary extensions.
|
|
486
|
(g) Revenue certificates may be issued for the purposes of |
|
487
|
funding, refunding, or both.
|
|
488
|
(h) All revenue certificates issued pursuant hereto shall |
|
489
|
be negotiable instruments for all purposes.
|
|
490
|
Section 12. Transfer upon cessation of the |
|
491
|
Authority.--Should the Authority cease to exist or to operate |
|
492
|
for whatever reason, all its property of whatever kind shall |
|
493
|
forthwith become the property of the City, subject to the |
|
494
|
outstanding obligations of the Authority, and the City shall use |
|
495
|
this property to the maximum extent then practicable for |
|
496
|
effectuating the purposes hereof and shall succeed to and |
|
497
|
exercise all powers of the Authority insofar as such exercise is |
|
498
|
not in conflict with or inconsistent with the provisions of the |
|
499
|
City charter or other law applicable to the City.
|
|
500
|
Section 13. Act cumulative; no notice required.--Neither |
|
501
|
this Act nor anything herein contained shall be construed as a |
|
502
|
restriction or limitation upon any powers which the Authority |
|
503
|
might otherwise have under any laws of this State, but shall be |
|
504
|
construed as cumulative of such powers. The foregoing sections |
|
505
|
of this Act shall be deemed to provide a complete, additional, |
|
506
|
and alternative method for the doing of the things authorized |
|
507
|
thereby and shall be regarded as supplemental and additional to |
|
508
|
powers conferred by other laws, provided that the issuance of |
|
509
|
revenue certificates and revenue refunding certificates under |
|
510
|
the provisions of this Act need not comply with the requirements |
|
511
|
of any other law applicable to the issuance of certificates and |
|
512
|
bonds, including, particularly, chapters 670-680 of Florida |
|
513
|
Statutes 2002 (also known as Uniform Commercial Code, Title |
|
514
|
XXXIX), as same may be amended. No proceedings, notice, or |
|
515
|
approval shall be required for the organization of the |
|
516
|
Authority or the issuance of any certificates or any instrument |
|
517
|
as security therefor, except as provided herein or pursuant |
|
518
|
hereto, any law to the contrary notwithstanding, provided that |
|
519
|
nothing herein shall be construed to deprive the State and its |
|
520
|
governmental subdivisions of their respective police powers over |
|
521
|
any properties of the Authority.
|
|
522
|
Section 14. Establishment and Amendment of Charter.--The |
|
523
|
West Palm Beach Downtown Development Authority was established |
|
524
|
by special act of the Legislature. The Charter of the West Palm |
|
525
|
Beach Downtown Development Authority may be amended by special |
|
526
|
act of the Legislature.
|
|
527
|
Section 15. Liberal construction and severability.--The |
|
528
|
provisions of this Act, being necessary for the welfare of the |
|
529
|
City and its inhabitants, shall be liberally construed to |
|
530
|
effectuate the purposes herein set forth and are severable. |
|
531
|
Should any portion hereof be finally held invalid by a court of |
|
532
|
competent jurisdiction, each other portion shall remain |
|
533
|
effective to the maximum practicable extent.
|
|
534
|
Section 4. The provisions of this act, being necessary for |
|
535
|
the welfare of the City and its inhabitants, shall be liberally |
|
536
|
construed to effectuate the purposes herein set forth and are |
|
537
|
severable. Should any portion hereof be finally held invalid by |
|
538
|
a court of competent jurisdiction, each other portion shall |
|
539
|
remain effective to the maximum practicable extent. |
|
540
|
Section 5. Chapters 67-2170, 77-664, 83-534, 84-540, 90- |
|
541
|
460, and 93-381, Laws of Florida, are hereby repealed. |
|
542
|
Section 6. This act shall take effect upon becoming a law. |
|
543
|
|
|
544
|
|