§ 4. Creation of the authority, composition, and provisions relating to members.

There is hereby created a board composed of seven members and to be known officially as the "West Palm Beach Downtown Development Authority." It is hereby constituted a body corporate and an agency of the city; and performance by the authority of its duties and exercise of its powers are hereby designated municipal functions and shall be so construed.

(a)

The mayor shall appoint the members of the authority subject to the ratification of the city commission by vote of three-fifths of its entire voting membership. By vote of four-fifths of its entire membership, after notice specifying the charges and a hearing held not earlier than ten (10) days after personal delivery of notice or mailing thereof by registered or certified mail addressed to the member at his latest known residence, the city commission may remove a member of the authority for good cause, including willful neglect of duty, incompetence or unfitness to perform his duty, or conviction of an offense involving moral turpitude. A member so removed shall be entitled to review by the circuit court of the action taken.

(b)

Of the initial members one (1) shall be appointed for a term expiring July 1, 1968, two (2) for terms expiring July 1, 1969, two (2) for terms expiring July 1, 1970, and two (2) for terms expiring July 1, 1993; and thereafter each member shall be appointed for a term of three (3) years beginning July 1.

(c)

To qualify for appointment to the authority, and to remain qualified for service on it, a prospective member or a member already appointed shall reside in or have his principal place of business in the city, shall not be serving as a city officer or employee, and shall be an owner of reality within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer, or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. The membership of the authority shall be reasonably representative of property owner, residential, retail, professional, and financial interests in the district.

(d)

Vacancy in office, which shall be filled within ten (10) days of its occurrence for the remainder of the unexpired term, shall occur whenever a member is removed from office, becomes disqualified or otherwise unable to serve, resigns, or disappears without explanation for a period of six (6) months. The mayor shall fill any vacancy in office for the unexpired term, in accordance with subsection (a).

(e)

Each member of the authority shall serve without compensation for services rendered as a member, but shall be reimbursed by the authority for necessary and reasonable expenses actually incurred in the performance of duty. The authority need not but may require that all its members or any or all of its officers or employees be required to post bond for faithful performance of duty, and the authority shall pay bonding costs. No member of the authority shall be personally liable for any action taken in attempting in good faith to perform his duty, or for a decision not to act, except in instances of fraud or willful neglect of duty.

(Laws of Fla., Ch. 83-534, § 2; Laws of Fla., Ch. 93-381, § 1)