Ordinance 01-2016 AssessmentsORDINANCE NO. 01-2016
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA AMENDING CHAPTER 90 OF
THE TOWN OF PALM BEACH CODE OF ORDINANCES, TITLED
"PUBLIC IMPROVEMENTS" BY AMENDING SECTION 90-104 OF THE
TOWN OF PALM BEACH CODE OF ORDINANCES TITLED "POWERS OF
THE DISTRICT" TO CLARIFY THE PALM BEACH MUNICIPAL
SERVICES SPECIAL DISTRICT'S AUTHORITY WITH REGARD TO AD
VALOREM TAXATION; AMENDING SECTION 90-141, TITLED "TAXING
POWER NOT PLEDGED" TO PROVIDE THAT ASSESSMENTS IMPOSED
PURSUANT TO THE PROVISIONS OF CHAPTER 90 TO FUND PROJECT
COST OF LOCAL IMPROVEMENTS MAY BE USED BY THE TOWN TO
PAY AND SECURE GENERAL OBLIGATION BONDS, NOTES OR OTHER
OBLIGATIONS OF THE TOWN ISSUED UNDER CHAPTER 166 OF THE
FLORIDA STATUTES, THE FLORIDA CONSTITUTION, AND OTHER
PROVISIONS OF FLORIDA LAW TO FUND PROJECT COST OF LOCAL
IMPROVEMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR
FULL FORCE AND EFFECT; AND PROVIDING AN EFF E CTIVE DATE.
WHEREAS, the Town Council finds it to be in the best interest of the Town to amend Section 90-
104 of the Town of Palm Beach Code of Ordinances to clarify the Palm Beach Municipal Services Special
District's authority with regard to ad valorem taxation; and
WHEREAS, the Town Council finds it to be in the best interest of the Town to modify the language
of Section 90-141 of the Town of Palm Beach Code of Ordinances to make clear that assessments imposed
by the Town to fund project cost of local improvements may be used by the Town to pay and secure general
obligation bonds, notes or other obligations of the Town issued under Chapter 166 of the Florida Statutes,
the Florida Constitution, and other provisions of Florida law to fund Project Cost of Local Improvements.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PALM BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Amendments of Section 90-104 of Chapter 90 of the Town Code of
Ordinances. Section 90-104(11) and (32) of the Town of Palm Beach Codes of Ordinances, entitled
Powers of the District, is hereby amended at item (11) to read as follows and so as to rescind in its entirety
item (32) and renumber item (33) as (32):
(II)To divide the district services and facilities into separate units, benefit areas, or
subsystems for the purpose of imposing special assessments, setting rates, fees, or charges,
accounting or financing improvements or additions, or for any other purpose.
(32) Nothing herein is intended to or shall be construed to limit the power of local self-
government of a municipal corporation or conflict with the Constitution of the state or the
Town of Palm Beach Charter.
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Ordinance 01-2016
SECTION 2. Amendment of Section 90-141 of Chapter 90 of the Town Code of Ordinances.
Section 90-141 of the Town of Palm Beach Codes of Ordinances, entitled Taxing Power Not Pledged, is
hereby amended to read in its entirety as follows:
SEC. 90-141. -. TAXING POWER NOT PLEDGED. Obligations issued under
the provisions of this article shall not be deemed to constitute a general obligation or pledge
of the full faith and credit of the Town within the meaning of the Constitution of the state,
but such obligations shall be payable only from pledged revenue in the manner provided
herein and by the resolution authorizing the obligations. The issuance of obligations under
the provisions of this article shall not directly or indirectly obligate the town to levy or to
pledge any form of ad valorem taxation for obligations issued under this article. No holder
of any such obligations shall ever have the right to compel any exercise of the ad valorem
taxing power on the part of the town to pay any such obligations or the interest thereon or
to enforce payment of such obligations or the interest thereon against any property of the
town, nor shall such obligations constitute a charge, lien or encumbrance, legal or
equitable, upon any property of the town, except the pledged revenue. Notwithstanding
the foregoing, assessments imposed by the town pursuant to this article to fund the project
cost of local improvements may be used by the Town to pay and secure general obligation
bonds, notes or other obligations of the Town issued under Chapter 166 of the Florida
Statutes, the Florida Constitution, and other provisions of Florida law to fund project cost
of local improvements.
SECTION 3. Full Force and Effect - Chapter 90 as Amended Remains in Effect. Except as
amended by this Ordinance, Chapter 90 of the Town of Palm Beach Code of Ordinances remains in full
force and effect.
SECTION 4. Codification. It is the intention of the Town Council, and it is hereby ordained
that the provisions of this Ordinance shall become and be made a part of the Town of Palm Beach Code of
Ordinances, and that the sections of this Ordinance may be renumbered to accomplish such intent.
SECTION 5. Effective Date. This Ordinance shall take effect immediately upon its passage and
approval, as provided by law.
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Ordinance 01-2016
PASSED AND ENACTED in a regular, adjourned session on first reading this 9th day of February. 2016
and for a second and final reading this 8h day of March, 2016.
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Gail . onigho
May r
san A. Owens, MPA, MMC, Town Clerk
Ordinance 01-2016
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Michael J. Pucillo, T Council President
Richard M. Kleid, Town Council President Pro -Tem
Bobbie Lindsay, Town Cou t11Mem r
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Danielle H. Moore, To Council Member
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Margaret A. Zeidman own Council Member
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