Res 107 OXTY OF DEL~Y I~A~ FLORX~. :~
~ - City
CHAPTER 16397 ..... (No. 540).
HOUSE BILL N0. 1439o
¢
AN ACT to Amend "An Act to Abolish the Present Municipal
Government of the City of Delray and the Town of Delray ~each,
in Palm Beach County and Orate of Florida, an~ to "~stablish,
Organize and Constitute a Municipality to Be Kno~ and Desig-
nated as the Oi~y of Delray Beach in Palm Beach County and
Sta~e of Florida; to Define Its Territorial Boundaries and Pro-
vide for Its Jurisdiction, Powers and i~rivileges;'' ~o ~korize
the ~eparate iayment of Taxes Levlea fca. ~everal Purpose~; to
Provide for the i~ay~ent of Special ~sess~cn~ Lzens ~nd 2axes
and ~he D~e~iums of i~'~ment, and the Pa~ent of 'faxes ant
Specl~-~l ~ssess~ents ~ith Bonds, interes~ Coupons aaa ~ner
Evzdences of ~eb~; to ValUate Ta~ ~vies of ~he Cl~y oi' ~el~ay
Beach, %o Gr~t Certain Conditional l~owers ~o the City of
D~lray Beach and to the City Co~cil of ~he City of ~clray ~each
a~ ~o ~e~cribe the Z~ner of Electing Certain Councilmen ~ Large,
~d for other Purposes.
SE IT EffeCTED BY ThE LEGIL~TUkE 0F THE sTATE 0F FLORIDA:
~ection 1. T~t Chapter 12677 (No. 87E), ~ws of Florida,
Acts of the Legislature, Jession l~Z?, approved 0y ~he Jovern-
sent, be ~nd the sa~e is hereby amercea as follo~:
ARTICLE I.
Section 1. The City Council of the City of Delray Beach Is
hereby ~uthorized and ~mpowered to prepare ~n~ acopt a budget
for each fi~c~=l yea~', :~king separate ant several appro~riations
therein, f~rs%, for the p~y~en% of it~ necessary o~er~x%ing expenses
in the performance of the functions of municipal government~ and
with Lhe power %o separabe, classify a~ fix the priorities in t~
payment of said approp~'i~ions for expense~, am %o ~e% aside a
specific inco~nc of bhe Ci%2, whether fro~a t~c[~, licenses, or o~her
sources, ~o the paymen~ of ~y upecii'ic expcnse~; ant, seconCly,
for the payment of ~ne interests a~ principal of any l~ebtedness
of the City; whereupon, all ~ms of money r~lse~ by 1% b~ taxation
and assessments upon real ~nd person~ property wi~n ~e said
City, and the license taxes on privilegez, businesses, occupations
and professions carried on t~erein for such fiscal year, shall be
applied, first, to provide for the ps,merit in full of the appropria-
tions for its necessary ope?sting expense~ in the performance of
thc fu:~ctions of municipal governno.ut by t~c City of ~elrs~
Beach; after which the remainder of the money ~o ~ai~ed ~i~ll be
applied in payment of the interest a~:d p:,i.'~ci ~al cf the indebted-
nesses of said City.
bection 2. 2hat in the event the City Council of the City of
Delray Beach, Florida, instead of following the planned outline
in ~ection l, ,wticle l, immediately preceding, shall have the
tho~.ity in any year to make separate levze~ a~a assessments of
taxe~ upon re~ ~ per~o~l ?ro.~.erty ¥~lthin the Ci~y of l~l~y
Seach f~r ti~ y;~yme~t of t~-~e :~eces~az.y ope~,~.ting expe:mes of the
~:ity ~n the perfo~anc~ of ti'~e f'm~c~ions of ~nicipal government
az~ for the payment of thc ~nterest af, a pri~czpal of the debts of
the City, or sh~l in the levy oi' taxes fix separate ratez of ~axatloz
for tic :~a.i~ pu~'po~e~, tz~e sazc levze~ l'or necessary operating ex-
cerises a~c for the payment of debt~, or ti';6 ~aiG se~;az,~,:~c ~,ates of
taxaZio~ for said purposes, s!~all be ~;cparatc, distZzmt and inde-
pendent levies, neither one depe~i~ upon the other ann
when levied, constitute separatz, C isti~:;ct a:,a in~epenaer~t liens.
If in s~ch event, a ~xpay.er ~hall temer to the tax collector
ficzent money to pay either of said levies a~f[air~ ~is land or
personal property, wilhout ter~erin!~ sufficicnt money to pay both
levies, or shall te~er sufficient money zo pay ti~e rate of taxation
for one ~rpose included in said levy without tendering sufficient
money to pay all purposes included Zn said levy, it shall be the
duty of the tax ~llect~ to accept such tender and issue to ti~e
taxpayer a receipt showing saza payment a~ for whi~ levy or
portion of said levy ti~e asia paya~cnt was m~c. Thereupon, the
sala tax collector simll pay l:'~to the City treasury ti~e money so
paid, which shall be placed to the credit of the fund provZde~ in
said tax levy for which sale payment was made. Such payments
shall discharge the lien~ oI' ~e levy for which sai~ payment was
made, or in the even~ of a le~y i~cl~i~zng ~ever~l purpo~e~ sa. id pay-
merit ~xm~a ~ischarge ~nat po~'t~o~ oi' the levy for wi~ich such pay-
l~en of ~n~ ~zc ~ax levy or portZon of caza tax levy for which
pa~ent has not been
Sec~o~ 1. ~ii ad valorem ~axe~ he~e~ofo~e levie~ and
against any ~'e~i ~ p~r~o~'~ pl'ope~'by lr~ ~c City of ~elray Beach,
Florida, or ~hich ~hull ~e~-ec~f~er ~,c levlea a~c ~sessed against any
of said property s~all be p~yahte in cash; pro~ldeu, ~n~,t the City
Council ch~il have the power in their Ciscretzon, but shall not be
compelled, %o a~thoz, lze the pavement of any of the said t~es or
a~ part of the same cz' ~ny intere~t d~e ~thereon, with bonds, in-
terest coupon~ o~~ otk~er ye. lid ~rltten evidences of Cebt of the
City of belray ~each. ~,ll pa~ent of tames heretofore ma~e and
acoepted by the City' of ~cd.~ay oe:.~_ct with bo:':a~, interest coupons
or ot~er evider'~.ce~ of debt :f the City of Delray ~each, are hereby
walldated ~nd confir~:e~ m~ declared to be legal pa~ents ~f
Section 2. The City C~neil of the City of Del~y Beach
have the power in their discretion, but uhal~ not be compell~ to
~Oeive in pa~ent for, property owned by sa~d f;~ty throu~ tax
sale certificate, or :'or t~ sale certzfic~tes o¥/ned by s.a~d City,
bo~s, interest coupo~-,u o~' ovher v~lzC w~,itten evidence~ of debt
of the City ~' Delr~y ~each. ~ll payments ~de with bonds, ln-
te~eet c~por~s or other cvld~:::~,ces of debt to the City for tax ~ale
eertific~:~tes or property owned by ~id City tarougn t~ sale cer-
tificates are hereby w~lid~-:ted aha cor~fir~d and ~eclared to be
legal payment of the same.
~TICLE III.
Section. 1. The two (2) Co~cil men at large of the C~ty
Delray Beach, who are elected in the s~e year, sh~l ~ oleo'ted
from gr~ps known as Counoilm~u at Large, Group Number 1,
a~ Councilman a~ L~rge, Group P~'umber 2. ~ach nominee
oa~Zda~c fo~, e!ec~ion as ca~Zdate at large, on t~ose ye~z'~ w~en
~wo are to be electec, shall designate the specific grip i~ whi~
h~ or she ae~iro~ to r~u for rrm office of 6~nczlm~n of s~d City,
a~ the can~i~t~ roceivL~4~· the hi~.~hest number of vo~es in each
Sr~p sh~li bo ~cl~rcd electec ~ Council~o. an ~t large of the City
of De].z~~ ~e~c~ fr.~n s~id g~oup.
~TICLE iV.
Section 1. If ~ny article or sectior~, or part of any article
or section, of thic ,~ct s~all be declared lnv~lid or uneonstZtutlon~-~l,
~eh deelara~zon shall no'c be held to i:np~ir o~~ invalidate the
ld~ty, force or ell'set of ~ny other article, zectZon, or p~rt of
article or section, of t~is ~ct, unless it s~l clearly appear
that such o~ther article or section, or part of ar~zele or section,
is wholly or necesmarily ~e:~d,~?~t fo-~- its operation upon the
ar%isle or see~Zo~, oz. p&rt ol~ ~rticle or section, so held to be
m~constit~o~l o~~ Z~.~valZd.
~ection ~. ~ll l~ws or p~r~c of l~ws in co~l'lict with
Act ~rc ~creby repealed insofar u.s ~hey afI'eet the CZt~~ of
Bc~ch, but ~;i~i~ ~cb shall not be cone~ed ~o repeal ~y inws
~z~ not exp~es~ly in coni'lict Lerewith, but s~ll be c~nstrued as
cuppie~n~.~t~y or cumulatiwe thereto.
Section 2. This ~ot sh~l ~ake effect upon Zt~ ra~ific~,tio~
by a ~ority of t~e qualified electors of ~l~e Czty o~ Dc~ay
~each, Flcri~, ?oti~'~g at a special election ~o be c~lled by the
City Council, provided that twenty-five (ES~) ~r cent of the
qualified electors resi~ing ~ in said Cit~~- of Del~y Seac~ s~ll
petition t~ ~ity ~ou~'~ci! of saic Czty for ~ch elecl~ion witch
tr~irty (2~0) days sfte~, the p~ssage of this ~ct. If twenty-five
(2~%) per cent of ~id qualified clectors ao not petition the
maid City Council within thirty (~0) days, then in th~,t event th~
ACt shall become effeetiwe.
Section 4. This ~et sh~ll take effect immediately upon
its p~sage and ~pprow~l by theOovernor or upon its becoming a
law without such ~pprov~l, subJoet, however, ~o the provisions
of Sec'tlon 3 herein.
i;ecame a law without the Governor's approval.