Res 08-65 RESOLUTION NO. 8-65.
A RESOLUTION OF T}]E CITY COUNCIL OF DELRAY
BEACH, FLORIDA, REQUESTING THE LEGISLATIVE
DELEGATION OF PALM BEACH COUNTY, FLORIDA,
TO PRESENT CERTAIN BILLS BEFORE THE 1965
SESSION OF THE FLORIDA LEGISLATURE AMEND-
ING THE CHARTER OF DELRAY BEACH, AND VALI-
DATING AND CONFIRMING ORDINANCES AND RESO-
LUTIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
SECTION 1o That the legislative delegation of Palm
Beach County, Florida, is hereby requested by the City Council of
Delray Beach, Florida, to present to the 1965 session of the Florida
Legislature for passage, the following bills which are described
herein by title for identification, the following titles being those
that appear on the bills to be presented, and which accurately de-
scribe the subject of each bill:
AN ACT RELATING TO THE CITY OF DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA, AMENDING CHAPTER 25786, SPECIAL
LAWS OF FLORIDA, ACTS OF 1949, AS AMENDED, SAME BEING
THE CHARTER OF SAID CITY, AUTHORIZING AND EMPOWERING
SAID CITY TO IMPOSE, LEVY AND COLLECT ON PURCHASES OF
ELECTRICITY, METERED OR BOTTLED GAS, KEROSE~]E AND FUEL
OIL, WATER SERVICE, TELEPHONE SERVICE AND TELEGRAPH
SERVICE WITHIN ITS CORPORATE LIMITS A TAX IN AN AMOUNT
NOT TO EXCEED TEN PER CENT OF THE PAYMENTS RECEIVED BY
THE SELLER OF SUCH UTILITY SERVICE FROM THE PURCHASER
AND PROVIDING TAX SHALL BE PAID BY THE PURCHASER TO THE
SELLER FOR THE USE OF SAID CITY; PROVIDING FOR OTHER
MATTERS NECESSARY AND INCIDENTAL THERETO; REPEALING ALL
LAWS OR PARTS OF LAWS IN CONFLICT HERERr/TH; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
AN ACT RATIFYING, VALIDATING, APPROVING AND CONFIRMING
ALL RESOLUTIONS AND ORDINANCES HERETOFORE ADOPTED AND
ENACTED BY THE CITY OF DELRAY BEACH, IN PALM BEACH
COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
AN ACT RELATING TO THE CITY OF DELRAY BEACH; AMENDING
CHAPTER 25786, SPECIAL LAWS OF FLORIDA, ACTS OF 1949,
AS AMENDED, SAID CHAPTER BEING THE CHARTER OF SAID
CITY, BY ADDING SECTION 6 A, DESIGNATING CERTAIN REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS THE GREATER
DELRAY BEACH AREA; PROVIDING METHODS FOR ANNEXATION OF
ANY REAL PROPERTY LOCATED IN THE GREATER DELRAY BEACH
AREA THAT IS NOT IN THE CORPORATE LIMITS OF THE CITY;
RESERVING SAID AREA FOR THE FUTURE GROWTH OF THE CITY
OF DELRAY BEACH; AND PROVIDING AN EFFECTIVE DATE.
PASSED AND ADOPTED on this 22nd day of February, 1965.
MAYOR ~
ATTEST~7 ~
A bill to be entitled
An act relating to the City of Delray Beach,
Palm Beach County, Florida, a~emding Chapter
25786, Special Laws of Florida, Acts of 1949,
as amended, same being the charter of said
city, authorizing and empowering said city
to impose, levy and collect on purchases of
electricity, metered or bottled gas, kerosene
and fuel oil, water service, telephone ser-
vice and telegraph service within its corpor-
ate limits a tax in an amount not to exceed
ten per cent of the payments received by the
seller of such utility service from the pur-
chaser and providing tax shall be paid by the
purchaser to the seller for the use of said
city; providing for other matters necessary
and incidental thereto; repealing all laws
or parts of laws in conflict herewith; provid-
ing for severability; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. That the City of Delray Beach, Florida,
be, and the same is hereby authorized and empowered,
given the right, power and authority, by non-emergency
ordinance, to impose, levy and collect on each and every
purchase of electricity, metered or bottled gas, (natur-
al, liquified petroleum gas or manufactured gas), fuel
oil (including but not limited to Grades No. l, 2, 3, 4,
5, 6, or any combination thereof), water service, tele-
phone service and telegraph service in its corporate
limits, a tax (straight percentage, sliding scale, gra-
duated or other basis) in an amount not to exceed ten
per cent (10%) of the payments received by the seller
of such utility service from the purchaser for the pur-
chase of such utility service; provided, however, that
the sale of natural gas or fuel oil to a public or pri-
vate utility, including municipal corporations and rural
electric cooperative associations, either for resale or
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for use as fuel in the generation of electricity shall
not be deemed to be a utility service and purchases
thereof under such circumstances shall not he taxable
hereunder. In every case the tax shall be collected
from the purchaser of such utility service and paid by
such purchaser for the use of the city or town to the
seller of such utility service at the time of the pur-
chaser paying the charge therefor to the seller. It
shall be the duty of every seller of such utility ser-
vice, in acting as the tax collection medium or agency
for the city, to collect from the purchaser, for the use
of the city, any tax imposed and levied by ordinance
enacted pursuant to this section and to report and pay
over unto the city all such taxes imposed, levied and
collected in accordamce with the accounting and other
provisions of the enacted ordinance. A~V such ordinance
may provide that Federal, state, county and municipal
governments and their commissions and agencies and other
tax supported bodies, public corporations, authorities,
boards amd commissions shall be exempted from the pay-
ment of the taxes imposed ,nd levied thereby and may
also provide penalties for the violation of such ordi-
nance. In the event amy such ordinance imposes such a
tax on the purchase of one of the utility services des-
cribed herein and a competitive utility service or ser-
vices are purchased in the city, then such ordinance
shall impose a tax in like amount on the purchase of
the competitive utility service or services whether pri-
vately or publicly owned or distributed; however, tele-
phone and telegraph service shall not be required to be
considered competitive services.
Section 2. All lava, or parts of laws, in con-
flict herewith be, and the same are hereby repealed.
Section 3. If any provision or part of this act
be declared to he unconstitutional hy any court of com-
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petent jurisdiction such holding shall not apply to any
other section than to which such ruling was directed.
Section 4. This act shall take effect immediately
upon its becoming law.
A bill to be entitled
An act ratifying, validatimg, approving and
confirming all resolutions amd ordinances
heretofore adopted and enacted by the City
of Delray Beach, in Palm Beach Coumt~,
Florida; and providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. All resolutions and ordinances hereto-
fore adopted and enacted by the City of Delray Beach,
in Palm Beach Coumty, Florida, he, amd the same are
hereby ratified, validated, approved and confirmed.
Section 2. All laws in conflict herewith are here-
by repealed.
Section 3. This act shall become a law upon its
passage and approval by the Governor, or upon its be-
coming a law without such approval.
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.o f
A bill tc be entitled
An act relatiag tc the City of Delray Beach;
amending Chapter 25786, Special Laws of
Florida, Acts of 1949, as amended, said chap-
ter being the charter of said city, by add-
ing Section 6 A, designating certain real
property in Palm Beach County, Florida, as
the Greater Delray Beach Area; providing
methods for ~n-exation of any real property
located in the Greater Delray Beach Area that
is not in the corporate limits of the city;
reserving said area for the future growth of
the City of Delray Beach and providing an ef-
fective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. That Chapter 25786, Special Laws of
Florida, Acts of 1949, as amended, same being the char-
ter of the City of Delray Beach, Florida, is amended by
adding Section 6 A to read:
6 A. Boundaries and territory of Greater Delray
Beach Area.
(1) Greater Delray Beach Area - Described
Certain real property in Palm Beach County, Florida,
is hereby designated as the Greater Delray Beach
Area, with that part thereof that is now included
in the territorial limits to be eventually included
into the City of Delray Beach by any of the methods
of annexation as in this charter set forth. The
present territorial limits of the City of Delray
Beach, Florida, include that territory described in
Section 6 of this charter as amended, and an~
areas described by the ordinances of annexation
on which proceedings have been completed subse-
quent to the Charter Act by methods authorized by
Chapter 27510, Special Laws of Florida, Acts of
1951, the General Laws of Florida, or by Section
185 of the Charter Act. The Greater Delray Beach
Area is that real property in Palm Beach County,
Florida, described as:
Commencing at a point where the South line of Lot
Sixteen of Block D, of the revised plat of Blocks
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D and E, Palm Beach Shore Acres, as recorded in
Plat Book 7, page ~8, Palm Beach County public re-
cords, intersects the shores of the Atlantic Ocean;
thence West along the South line of said Lot Six-
teen in Block D, to a point.where the South line of
said Lot Sixteen extende¢~, Intersects the West line
of the Ocean Boulevard, as now laid out and con-
structed through Sections mine and ten, Township
Forty-six South of Range Forty-three East, thence
southerly along the West line of said Ocean Boule-
yard to a point which is ten feet South of the
South line of Lot Seventeen-A, Block D of said re-
vised plat of Blocks D and E of the Palm Beach
Shore Acres; thence West along a line which is ten
feet South of and parallel to the South line of
said Lot Seventeen-A to the South line of Lot C,
Block D of said revised plat of Blocks D amd E,
Palm Beach Shore Acres; thence ~est along the
South line of said Lot C to a point where the West
line of the East Quarter of the Southeast Quarter
of Section Nine, Township 46 South of Range 43 East,
intersects the South line of said LOt C extended;
thence South along said ~est line of the East Quar-
ter of the Southeast Quarter of said Section Nine
(said line also beL~g the West right-of-way line of
Andrews Avenue as now constructed and in use) a
distance of 89.~0 feet; thence Westerly and para-
llel to the Westerly extension of the South line
of said Lot C a distance of 133 feet; thence in a
Southerly direction and parallel to the West right-
of-way line of Andrews Avenue a distance of 81 feet;
thence in a Westerly direction parallel to and
170.5 feet South of the Westerly extension of the
said South line of Lot C, a distance of 880 feet
more or less to the center line of the Intracoastal
Waterway, as now constructed and in use; thence
northerly along the center line of said Intracoast-
al Waterway to a point where the South line of Sec-
tion 4, Township 46 South, Range 43 East intersects
the center line of said Intracoastal Waterway;
thence West along said Section line a distance of
814 feet more or less to the Southwest corner of
the Southeast Quarter of the Southwest Quarter of
the Southeast Quarter of said Section 4; thence
Northerly along the West line of said Southeast
Quarter of the Southwest Quarter of the Southeast
Quarter 603 feet more or less to the South line of
Delray Beach Estates as recorded in Plat Book 21,
Page 13, Palm Beach County public records; then
continue North along the East line of said Delray
Beach Estates to the intersection of said East line
with the Easterly right-of-way line of U. S. High-
way No. I (State Road No. 5), thence northerly a-
long said Easterly right-of-way line to the inter-
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section of the East and West center line of said
Section #, thence West alomg ~aid center line to
the West line of said Section 4, thence in a West-
erly direction along the ~ and West center line~
of Section 5, Township ~6 South, Range 43 East, a
distance of 3~8 feet more or less to the Nertkwest
corner of the Northeast Quarter of the Northeast
Quarter of the Northeast Quarter of the Southeast
Quarter of said Section 5, thence in a Southerly
direction along the West line of said Northeast
Quarter of the Northeast Quarter of the Northeast
Quarter of the Southeast Quarter a distance of 190
feet more or less, thence S-88°-37'-55"-W and para-
llel to said East and West center line of said Sec-
tion 5 a distance of 880 feet more or less to a
point in the East right-of-way line of Lake Worth
Drainage District Canal, thence S-20e-OS'-OO'-W
along said right-of-way line a distance of 161 feet
more or less; thence continue along said right-of-
way line S-23°-5~ ~'-W a distance of 186 feet more
or less; thence continue along said right-of-way
line and the extension thereof S-41~-30'-44"-W a
distance of 7~6 feet more or less; thence S-21~-40'-
31'-E a distance of 700 feet; thence S-68°-19'-
29"-W a distance of 180 feet; thence S-O°-lg'-31"-E
a distance of 201 feet more or less to a point in
the North line of Lake Shore Estates, a subdivision
recorded in Plat Book 25 at page 26, Public Records
of Palm Beach County, Florida; thence S-89~-35'-
43"-W along said lime a distance of 280 feet more
or less to a point 21.03 feet West of the Northwest
corner of Lot A of said subdivision of Lake Shore
Estates; thence N-O~-lg'-31"-W a distance of 245
feet; thence N-21~-~O'-31'-W a distance of 1280
feet more or less to a point in a line 290 feet
parallel to and measured at right angles from the
East right-of-way line of State Road No. 9 as re-
corded in County Road Plat Book 1, page 66, Public
Records, Palm Beach County, Florida; thence N-18~-
05'-29"-E along said line a distance of 650 feet
more or less to a point in the center line of said
Section 5, Township ~6 South, Range 43 East; thence
West along said center line of Section 5, Township
46 South, Range 43 East, a distance of 550 feet
more or legs to a point in the Westerly right-of-
way line of the Seaboard Airline Railway; thence
Southwesterly along said Westerly right-of-way line
of the Seaboard Airline Railway a distance of 2890
feet more or less to a point in the South line of
said Section 5, Township 46 South, Range 43 East;
thence West along the South line of Section 5,
Township 46 South, Range 43 East and the South line
of Section 6, Township 46 South, Range 43 East a
distance of 66~0 feet more or less to a point in
the West line of Range 43 East; thence continue West
along the South line of Section l, Township 46
South, Range 42 East and the South line of Section
2, Township 46 South, Range 42 East a dist_ance of
6600 feet more or less to a point in the West line
of the East Quarter of Section 2, Township ~6
South, Range #3 East; thence in a Southerly direc-
tion along the Nest line of East Quarter of Sec-
tions 2, ll, 14, 23, and 26, Township 46 South,
Range #2 East to the Southwest corner of the East
Quarter of said Sectio.~ 26; thence Easterly along
the South line of Sections 26 and 25, Township ~6
South, Range 42 East, thence continue Easterly a-
long the South line of Sections 30 and 29, Town-
ship 46 South, Range 43 East to a point where the
center line of the C-15 canal intersects with said
South line of Section 29; thence in a Southeasterly
direction along the center line of said C-15 canal
to a point where said center line intersects the
West boundary of the subdivision of Tropic Isle,
Section 4 as recorded in Plat Book 25, page 69-70;
thence in a Southerly direction along said West
boundary of said subdivision to the South boundary
of said subdivision; thence in an Easterly direc-
tion along the South boundary of said subdivision
to a point of intersection with the center line of
the Intracoastal Waterway; thence in a Northerly
direction along the center line of said Intracoas-
tal Waterway a distance of 5400 feet more or less
to the center line of Section 28, Township 46 South,
Range 43 East, thence in an Easterly direction a
distance of 1000 feet more or less to the waters
edge of the Atlantic Ocean; thence in a Northerly
direction along the waters edge a distance of
7920 feet more or less to a point in the South
line of Section 16, Township 46 South, Range 43
East; thence in an Easterly direction along the
South line and the Easterly extension of said South
line of said Section 16, a distance of three miles;
thence in a Northerly direction and parallel to
the waters edge of the Atlantic Ocean a distance
of one mile more or less to a point of intersec-
tion with the easterly extension of the North line
of said Section 16; thence Westerly along said
Easterly extension of said Section 16 a distance
of three miles more or less to the waters edge of
the Atlantic Ocean; thence in a Northerly direction
along the waters edge of the Atlantic Ocean to a
point in the said South line of Lot 16, Block D,
of the Revised Plat of Blocks D and E, Palm Beach
Shore Acres, said point being the Point of Beginn-
ing.
(2) The city shall not exercise its jurisdiction
and governmental powers, except as in this charter
specifically authorized, ever any. part of the
Greater Delray Beach Area except. Ia) as to that
part of the Greater Delray Beach Area described
in Section 6 A (1) as being in the present terri-
torial limits of the City of Delray Beach, Florida,
and (b) that part of the Greater Delray Beach Area
described in ordinances of annexation enacted and
recorded as herein provided. Upon the enactment
and recording of any valid ordinance of annexation
as provided, the real property in that ordinance
described and the inhabitants thereon or thereof,
shall be subject to the full powers and jurisdic-
tions of the city as in this charter authorized.
(3) The city may include or add to its territorial
limits and subject to its jurisdiction and powers,
herein called ~n~exation, any of that real pro-
perty that is not in the territorial limits of the
city but which is lecated in the Greater Delray
Beach Area as heretofore described in 6 A (1) in
accordance with any procedure in this section set
forth.
(4) The city council, at its discretion, may
follow any one or more of the methods of annexa-
tion set forth in sub-section (a) through (c) of
Section 6 A (6) of this charter, and may use any
of the different methods of annexation at differ-
ent times or at the same time, may use any of the
different methods of amnexation at different times
as to the same or different parcels, or may use
any of the different methods of annexation at the
same time as to the same or different parcels, if
the parcel or parcels to be annexed are within the
Greater Delray Beach Area as described in Section
6 A (1) of this charter.
(5) The size and shape of the parcel or parcels
annexed, the usage of the land annexed, the fre-
quency of annexation of different parcels, the
failure and date of failure of another method
as to the same parcel, the location of the parcel
annexed to the then existing city limits and the
fact that such parcel or parcels annexed are not
contiguous, adjoining, or adjacent to the then
city limits shall all be immaterial if the parcel
or parcels annexed are within the Greater Delray
Beach Area as defined in Section 6 A (1) of this
charter. The municipal benefits and services to
be made available immediately following annexa-
tion need only to be fire protection, police pro-
tection, city water service, garbage and trash
collection, zoning, building regulations, regula-
tions as to public health, safety, welfare and
morals, together with mainteaance of existing
sewer lines, sidewalk,, streets and roads That
are public other than county amd state ,idewalks,
streets and roads. Construction of new water
lines, new sewage facilities, new streets and
new sidewalks in an undeveloped area annexed to
the city may be installed by the city within a
reasonable time after annexation if the property
owners in such area ~nnexed so request. Provided,
however, such property owners may be required by
the city to pay part or all of the cost of such
improvements as determined by the ordinances of
the city. A reasonable amount of land used for
agricultural purposes may be annexed from time to
time if it is located within a reasonable distance
of any area within the tract being annexed that
has developed or is developing for other uses, all
as determined by the city council.
(6) The city in _~nnexing additional territory
located in the Greater Delray Beach Area to the
city or in subjecting any of that real property
in the Greater Delray Beach Area to the jurisdic-
tion and powers of the city may use any one or
more of the following methods or procedures, in-
dividually, severally, jointly or collectively,
notwithstanding any general law heretofore or
hereafter enacted to the contrary, as follows,
to wit:
(a) By ordinance oz oetition by landowners. -
The city may ~n~ex additional territory to its
territorial limits upon petition signed by 51%
of all the owners in fee simple of the real pro-
perty of the area sought to be annexed, as deter-
mined by the public records of the county, con-
senting to and requesting the annexation of said
area to the City of Delray Beach. Said petition
shall be presented to the council and the council
may cause the petition to be investigated to deter-
mine the validity thereof. The council may ac-
cept and approve the petition on behalf of the
city and cause same to be filed with the perma-
nent records of the city. After the approval
of any such valid petition, notice as provided
in subsection (7) of this section shall be pub-
lished and at any regular meeting following the
last publication of that notice the city council
by a majority vote may by appropriate ordinance
annex the area, or any part thereof, described in
the petition to the city.
(b) or 'n - ' . - Any re al
propert.y c which upon
annexatmon would not be subject to direct ad valo-
rem taxation by the city or that is owned by the
Federal Government or any of its agencies, or that
is owned by the State Government or any of its
agencies, or that is owned by any political sub-
division of the Federal or State Government may be
annexed to the territorial limits of and included
in the boundaries of the city at any time by or-
dinance of the city enacted by a majority vote of
the city council, after notice of intent to annex
is published as provided in subsection (7) of this
section.
(c) By zeneral law. - The city may ~-~ex addi-
tional- territory to its territorial limits by any
procedure or method set forth in the general laws
of the State, including any amendments thereto
and notwithstanding any provision of the general
law and amendments thereto to the contrary. Such
general law and amendments thereto may be read as
though it had an additional sentence to each such
procedure or method to read, 'The procedure or
method of annexation set forth herein may be
followed by the City of Delray Beach, notwithstand-
ing any provision in this law to the contrary.'
(7) Notice of imtent to annex. Prior to the en-
actment of any ordinance of annexation provided
for in this section, the council shall cause notice
of intent to annex to be published once a week for
four consecutive weeks in some newspaper of general
circulation in the city and in the area to be an-
nexed. The notice shall indicate the proposed
method of annexation, describe the tract of real
property to be amuexed and give the date of the
council meeting at which the ordinance of annexa-
tion will be introduced for enactment.
(8) Resolution prior to ~n-exation. The council
may provide by resolution, enacted prior to such
annexation, for any lawful provision or condition
relating to that real property being annexed to
be effective upon such annexation or any specified
period thereafter.
(9) Recording ordinance of annexation. Each or-
dinance of annexation enacted pursuant to this sec-
tion shall be recorded in the official record book
of Palm Beach County, Florida. The recording of
said ordinance shall be prima facie evidence and
notice that such annexation has been completed,
that such annexed area is thereupon within the
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corporate limits of the city and that said peti-
tion or election, as the case may be, said or-
dinance and the resolution, if any, has been duly
executed, validated, ratified and confirmed. Such
annexation shall not be deemed completed or ef-
fective until the ordinance of annexation has been
recorded as herein provided. The effective date of
such _~nnexation shall be ~he date that ordinance
is recorded as herein provided.
(10) Greater Delray Beach Area - Reserved for
City of Delray Beach. -
That part of the Greater Delray Beach Area located
outside of the territorial limits of the City of
Delray Beach is hereby declared to be established
for the future and orderly growth of the City of
Delray Beach. No village, town, city or munici-
pality now existing or hereafter created, except
the City of Delray Beach, may include any of the
territory in the Greater Delray Beach Area within
the corporate limits of such village, town, city
or municipality.
(11) Greater Delray Beach Area - Method of in-
cluding into the city limits. -
Any part of all of that real property described
in Section 6 A of this charter as the Greater Del-
ray Beach Area, or any part of any parcel, lot,
tract, piece or any part thereof, may be included
into and made a part of the city, in any of the
methods or procedures of annexation set forth in
Section 6 A (6) (a) through (c) of this charter
or in accordance with any procedure set forth in
the general laws and amendments thereto.
(12) Greater Delray Beach Area - Jurisdiction. -
No taxes imposed by the city shall be levied in
the Greater Delray Beach area, except as to that
area therein that is within the territorial limits
of the city as described in Section 6 A (1) of
this charter. Upon any part or parcel of that
real property described as the Greater Delray
Beach Area being added to, annexed to or included
within the corporate boundaries of the city, such
lands so included shall thereupon be subject to
the jurisdiction, powers, obligations, benefits
and privileges of the city.
Section 2. The provisions of this act are sever-
able, and if any section, part of section, paragraph,
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sentence or clause of this act shall be adjudged by a
court of competent jurisdiction to be invalid, such de-
cision shall not affect the validity of any other portion
thereof, but shall be restricted and limited in its op-
eration and effect to that specific portion hereof in-
volved in the controversy in which such decision shall
have been rendered.
Section 3. All laws and parts of laws, ordinances,
or regulations, in so far as they are in conflict or in-
consistent with the provisions of this act, be and the
same are hereby repealed.
Section 4. This act shall become effective im-
mediately upon its becoming a law.
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