161-88 EMERGENCY ORDINANCE NO. 161-88
AN F~ERGENCY ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ~/~ENDING TITLE XVII,
"LAND USAGE", CHAPTER 175, "SAFE NEIG~IBORHOOD
IMPROVEMENT DISTRICTS", BY REPEALING SECTION 175.06,
"UTILIZATION OF TAX OR SPECIAL ASSESSMENT", TO
CLARI~f SAID REQUIREMENTS BY ENACTING A NEW SECTION
175.06, "AUTHORIZATION TO LEVY TAX", WHICH
A~rHORIZES T~E WEST ATLANTIC AVENUE NEIGHBORHOOD
IMPROVEMENT DISTRICT TO LEVY AN AD VALOREM TAX ON
REAL ~D PERSONAL PROPERTY OF UP TO 2 MILLS
ANNUALLY; AND BY ENACTING A NEW SECTION 175.065,
"SPECIAL ASSESSMENT AUTHORIZATION", TO A~FfHORIZETHE
WEST ATLANTIC AVENUE NEIGHBORHOOD IMPROVEMENTS
DISTRICT TO USE SPECIAL ASSESSMENTS PURSUANT TO
CHAPTER 170, FLORIDA STATUTES; PROVIDING A SAVINGS
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statutes, Section 166.041(3)(b) provides for
the adoption of ordinances on an emergency basis without the necessity
for prior advertisement and on one reading; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, did, on October 25, 1988, adopt Ordinance Nos. 130-88 and
131-88 authorizing and creating the West Atlantic Avenue Neighborhood
Improvement District; and,
WHEREAS, the State of Florida Department of Community Affairs
has requested certain clarifying modifications be made to certain
provisions enacted by Ordinance No. 131-88, which amendments must be
adopted for submission to the Department of Community Affairs not later
than by the 29th of November, 1988, thus necessitating these amendments
being adopted by emergency ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XVII, "Land Usage", Chapter 175, "Safe
Neighborhood Improvement Districts~, be, and the sarae is hereby, ~ended
by repealing Section 175.06, "Utilization of Tax or Special Assessment",
in its entirety.
Section 2. That Title XVII, "Land Usage", Chapter 175, "Safe
Neighborhood improvement Districts", be, and the same is hereby, amended
by enacting a new Section 175.06, "Authorization to Levy Tax", to read
as follows:
Authorization to levy tax. The West Atlantic
Avenue Neighborhood Improvement District is
authorized to levy an ad valorem tax on real and
personal property of up to 2 mills annually,
pursuant to the authority of Florida Statutes,
Section 163.506(1)(c).
Section 3. That Title XVII, "Land Usage", Chapter 175, "Safe
Neighborhood Improvement Districts", be, and the same is hereby,.amended
by enacting a new Section 175.065, "Special Assessment Authorization",
to read as follows:
Special Assessment Authozization. The West Atlantic
Avenue Neighborhood Improvement District is author-
ized to use special assessments pursuant to Chapter
170, Florida Statutes, to support planning and
~mplementation of district improvements. For the
purposes of making such assessments, the terms
"municipality" and "governing board of the munici-
pality'' used in said Chapter 170, Florida Statutes,
shall mean the district and the board, respectively.
Section 4. That should any section oz provision of this
o~dinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole os part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective immedi-
ately upon its passage on its first and only reading, in accordance with
the provisions of Florida Statutes, Section 166.041(3) (b).
PASSED AND ADOPTED in regular session on this 22nd day of
November, 1988.
ATTEST:
First Reading November 22t 1988
ORD. NO. 161-88