Res 1338-61 RESOLUTION NO. 1338.
A RESOLUTION OF THE CITY COUNCIL OF TMF
CITY 0F DELRAY BEACH, FLORIDA, ORDERING
T~ CONSTRUCTION OF A SIDEWALK, FIVE (5)
FEET IN WIDTH, ON THE SOUTH SIDE OF S. W.
IBT STREET BETWEEN S. W. 3RD AND 4TH
AVENUES$ ALSO ON THE WEST SIDE OF S. W.
3RD AVENUE BETWEEN S. W. lST AND 2ND
ST~TS.
WHEREAS, the City Council of the City of Delray Beach,
Florida, did, on the 14th day of August, 1961, adopt a Resolution
requiring the City Manager to prepare plans, specifications and
an estimate of cost for the construction of a sidewalk on the south
side of S. W. 1st Street between S. W. 3rd and 4th Avenues; also
on the west side of S. W. 3rd Avenue between S. W. 1st and 2nd
Streets, said sidewalks to be five (5) feet in width, and requiring
said plans, specifications and estimate of cost of such improve-
ments to be placed on file in the office of the City Manager, and
WHEREAS, the City Council deems it to be necessary for
the safety and convenience of the public to make the above describ-
ed improvements,
NOW, T~REFORE, BE IT RESOLVED by the City Council of
the City of Delray Beach, Florida, that it is determined to make
the following described improvements, to-wit:
CONSTRUCTION OF A SIDEWALK, five (5) feet
in width, on the south side of S. W. 1st
Street between S. W. 3rd and 4th Avenues;
also on the west side of S. W. 3rd Avenue
between S. W. 1st and 2nd Streets, the total
cost, as estimated, for such improvements
being $2,000.00.
BE IT FURTHER RESOLVED that the entire cost of such
improvements shall be borne by the owners of lands abutting there-
on, by Special Assessment;
BLOCK LOT
N } of 38 W 45' of Lot 1 & W 45' of N 29.5' of Lot 2.
"" " " E 44t of W 89t of Lot 1 & E 44' of W 89t of
N 29.5' of Lot 2.
"" " " E ;~1!~1! of Lot 1 & E 44.1' of N 29.5~ of
Lot 2.
"" " " Lot 9 & N 29.5' of Lot 10.
"" " " S 47~ of Lot 10 & N 3~ of Lot 11.
"" " " Lot 12 & S 73.5~ of Lot 11.
S } of 38 Lot 13
"" " " Lot 12
"" " " Lot 9
"" " " Lot 8
"" " " Lot 1
said benefits to be determined and prorated according to the front
footage of the respective properties as set forth immediately above.
BE IT FURT~R RESOLVED that said special assessments
against all the lots and lands as set forth herein which are
specially benefitted, shall be and remain liens superior in dig-
nity to all other liens, except liens for taxes, until paid, from
the date of the assessment upon the respective lots and parcels
of land assessed, and which shall bear interest at the rate of
eight (8) per cent per annum, and which may be paid in three (3)
equal yearly installments with accrued interest on all deferred
payments. Payments shall be made at the same place that taxes
payable to the City of Delray Beach, Florida, are paid, namely
at the office of the City Tax Collector, and upon failure of any
property owner to pay any annual installment due, or any part
thereof, or any annual interest upon deferred payments, the City
of Delray Beach may bring necessary legal proceedings by a Bill
in Chancery to enforce payment thereof with all accrued interest
together with all legal costs incurred, including a reasonable
attorney ls fee. The total amount of any lien may be paid in full
at any time with interest from the date of assessment.
IT IS ORDERED that the City Council shall sit at the
City Hall in the City of Delray Beach, Florida, at 8:00 P.M., on
August 28th, 1961, for the purpose of hearing objections, if any,
on said proposed improvements as set forth herein.
PASSED AND ADOPTED by the City Council of the City of
Delray Beach, Florida, on this the 14th day of August, 1961.
ATTEST:
July 14, 1961
TO: Mr. Mingle
City Manager
FROM: M. C. Fleming
Director of Public Works
Subject: Petition for sidewalk
Attached is a petition fr~m eight property owners requesting
sidewalk paralleling the new streets recently constructed on
Sw 1st Street and SW 3rd Avenue.
The sidewalk requested extends along the southerly side of
SW 1st Street from 3rd to 4th Avenue, and on the westerly
side of SW 3rd Avenue from 1st to 2nd Street, alvin Block 38.
There is no sidewalk presently existing at this location, so
that this construction would be assessed against the property
ownerse
Approximate cost 32,000.
This,for your info~ation in case you should wish to include
it on the agenda for the ~ext Council meeting.
DAT~4U_iy ~, 1961
Tho C:; t~ Co~mu±ssio:::~
City of Dci,-'ay Boach~ Florida
Gen ~! omen .'
const~'ucti~,n of a
'.,~o~ the 'un¢~_.roigncd~',~. odo horcby petite.on for t~'-~ ~~,
sidew~k o ~a~x~~X~~~h~~~ on
(E~~~~ SW ls~ Street x~ between
_~d ~.~ ~t~ Aven~_.~~, and ~ on 8W 3rd Avenue
~~_.~en: ~_~~~' in the City of
D:;.] :'ay Eeach~ all in Block ~8
It is our understanding that the total cost will bo
~h~ adjoining oroperty owners, according
assessed agai:~s t ~ '.
to tho footage fronting on ~~ side of the proposed
~provcment.
Lineal
NAME LOT
, ~,, ~_' /,
. ,,f I/,,r:'
· ', ....
,::.">':~." ',:: 9,' . ~ ~% : :.'~ .~' .x_ ~
12~
13~ .......
14,
lg.
16. ........
17~ .......... _
18.
19.,
20,_ _ ......... ,
21, ........ ~ . ._ .: _
1
22.
................... ~ .....
I
2~. .......
-.,
2~, ...............
~ in~i.,~4dth,'on the South Side o~ ' : n .~.·
. · 3~and 4th AvenU~~"~ ~ W. 3rd Aveq
~ue between S. W. 1st and 2nd S~~'
~gA~, th~ Ci~~~ ~ay fieaeh,~
Affidavit of Publication ? '
th~ south,~e of~:W, lsLS~ i ~. S. W. 8rd and ~th
~v*nue~:~so o~ west..~ide I ~venue between
1st and ~ets, ,aidj ~ ~fi~{~ feet in
THE ~ELR~ ~[~H ~WO-~OH~ffi~ width,~na req~g~ said pla~ 1
cost o~ such improvements to 'b ~ ~i[:th~
of th~ City Manager, and ~:
Publish~ Weekly ~~ the City Council ~ ~t~to be neces~
the safety.aad ~nvenience of tbe~ ~'~ make the
Delray Beach, Palm Beach County, Florida desc~bed improvements,
NOW, TH~E~O~, BE IT R~O~ by the Ci~-~uncil
STATE OF rLo~mA o~ the~City ~.Delny ~each, rlo~.~t iL~ dete~d to]
make ~ ~ollowing descri~d;~m~, to:wit:
COU~ OF P~M BEACH C~S~CT~N OF A SmEWA~~lf~et. in
the sa~[sid~ of S. W. lst'~r~~~:~, 3rd ~h
Before ~er~ign~d autgeri~ermnall~ ~Avenu~; ~ls~ on the west ~e ~ ~~ '~et~een
.... improvements ~ing $2,~0.~ .... *o~-
appeared ~ B~ IT FURTH~ ~ESOL~ that' the ~ ~ of such
n Oath says that .~..is~:=___~_
B,, h ,h,n bo ,r th,
thereon, by Special Assess~dnf~ 'Y~
~BLOCK LOT ~ ~>, ,~
News-Journal, a weekly newspaper published at '.N ~ of 38 W 45' of Lot 1 & ~ N ~' 0f Lot
Delra~ Beach in Palm Beach Count~, Flo~da; that I N ~ ~. 38 E 44' of W 89' of of ~ ~'~
~ Lot ~. ': ~ L'
the~ >~ /~ ~~hed e0p7 of,adver[i~ement, being a./ ..... ~N ~ of 38 E 44; of N ~,~
ink--the matter of~~.~-~.~f~~ [~N ~.of 28 S 4~
~:8 ~'.of 3~;-: Lot 12
in ~e ................................................................... Cou t,
to
was ,~shed in said newspaper in the issue (~)
Aaant [~rthm' says that the said ~elra~ 3oath
~ews-Journal is a ne~papCr publishod at
Be~eh, in ~aid Palm Be~eh Count~, ~lorida,
that ~e said newspaper has here~fore been con-
tinuously published in said Palm Beach County,
Florida, each Thursday and has been en~red as
second class mail matter at the post office in
Delray Beach, in said Pa~ Beach County, Flor-
ida, for a period of one year next preceding the ~u~ ~ any~ thereof, or. any al
first publication of the attached ~py o~er- ;~a~;.t~reo~,:~ ~sny ~uaf
dh~.~ty of ~l?~y' Beac~ ma
tisement; and affiant further says that_.~_~
['by ~'Bill in Chancery to enforce ~ayment
has neither paid nor pro~sed any ~rson, f~ ] cuba. inter,st together with all legal costs ~cu~ed, in,ding
or corporation any discoun~ebate, comm~sion [~~:~attorney s f~..:~e ~o~1 ~t of:~ny ~;may
[Be ~id in full at any ~me with interest from th~te of
or refund for the purpose~f ~ecuri~ this adver-
....~~ ~' ~, ~ O~DE~D th~.City Co~ .~al~~ City
]~11 ~ the City of D~I~y B~ach, ~ori~ ~.~., on
said
prop~
im~vemen~f as~.
Sworn to and subscribed before ~ this.~_~..
~'~D A~ ~0~ by the .Ci~~. City of
~~ [i']~ Beach, Fl~ida o~his the ~4t~~~', ~6L
day of .................. A. D. 1~.. [[[./: '~ : Gene V. War~~ '
~. W. Worthing
(SE~) ( ~Nota~ Publ~ III Ci~ ~lerk
Notary Publ~tate of Florida at Large i~O~ OF' PALM BEACH
I~ OF ~LRAYBEACH
My Commission [x~ires Nov. 6, 19~ ROBmT ~. WOR~G, Ci~ Cle~ of ~
~da; do hereby certify the ~re~ ~' be a-'~d ycOr.
]~et--~0~y o[ Resolution No. 1~8 ~ssed and ad~ by the
~ty Council at the regular meeting held onlbe 14th day of
~ 1961, the ori~nal copy of whi~ ~1~ on file in my
~fica ': ::
[~ WI~ESS I~EOF~I hav~ her~io set my hand and
~ixed the official seal of-"'~'~. Cit~. of D~a7 ,B~, ~o~da,
~the 14th day of Augur, 1~1.
ROBERT D. WORT~G
lish: Au~st' 17 and 24, 1~1. ~,-" "- . :..;'