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Res 1222-60,, I RESOLUTION NO. 1222. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE CON- STRUCTION OF A SIDEWALK, FIVE (5) FEET IN WIDTH, ON THE SOUTH SIDE OF NORTHEAST EIGHTH STREET LYING BETWEEN NORTHEAST SEVENTH AVENUE AND PALM TRAIL; AND ON THE EAST SIDE OF NORTH- EAST EIGHTH AVENUE FROM NORTHEAST EIGHTH STREET SOUTHWARD A DISTANCE OF 377.04 FEET. WHEREAS, the City Council of the City of Delray Beach, Florida, did, on the 15th day of February, 1960, adopt Resolution 1221, requiring the City Manager to prepare plans, specifications and an estimate of cost for the construction of a sidewalk 1. On that portion of the South side of Northeast Eighth Street from the Southeast corner of North- east Seventh Avenue and Northeast Eighth Street and continuing Easterly to the Southwest corner of Northeast Eighth Avenue and Northeast Eighth Street being 235 feet; and 2. On that portion of the South side of Northeast Eighth Street from the Southwest corner of Palm Trail and Northeast Eighth Street Westerly to the Southeast corner of Northeast Eighth Avenue and said Northeast Eighth Street a distance of 622.74 feet; and on that portion of the East side of Northeast Eighth Avenue from the South- east corner of said Northeast Eighth Avenue and Northeast Eighth Street Southward a distance of 377.0~ feet said sidewalk to be five (5) feet in width, and requiring said plans, specificat.ions and estimate of cost of such improvement to be placed on file in the office of the City Manager, and NOW, THUEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that it is determined to ~uake the fol].owlng described improvement, to-wit; CONSTRUCTION OF A SIDEWALK, five (%) feet in width on that portion of the South side of Northeast Eighth Street from the South- east corner of Northeast Seventh Avenue and Northeast Eighth Street and continuing East- erly to the Southwest corner of Northeast Eighth Avenue and Northeast Eighth Street being 23% feet; and on that portion of the South side of Northeast Eighth Street from the Southwest corner of Palm Trai]~ and North- east Eighth Street Westerly to the Southeast corner of Northeast Eighth Avenue and said Northeast Eighth Street a distance of 622.74 feet; and on that portion of the East side of Northeast Eighth Avenue from the Southeast corner of said Northeast Eighth Avenue and Northeast Eighth Street Southward a distanco of 377.04 feet, the total cost, as estimated, ~or such improver~.e~t b~ing ~3,100.00. RE IT FURTHER RESOLVED that the entire cost of such improvement shall be shared by the City of Delray Beach, Florida, and the following described properties in Delray Beach, Palm Beach County, 'Florida, on a basis of the City of Delray Beach paying fifty (50) per cent of the cost of said improvement, and the property owners, of said properties shown below, paying fifty (%0) per cent of the total cost thereof; Lots 51, 52 and 53, McGinley & Gosman S/D. Lots ~+ and ~5, McGinley & Gosman S/D. A portion of LOt 6 Model Land Company's S/D of Section 9, Township ~6 South, P~__~ge ~3 East described as follows: Beginning at a point in the Southerly boundary line of Lot 6, Model Land Company's S/D of Sec. 9-~6-~3i~ Plat Book 8-~0 which point marks the intersection of said southerly boundary line with the westerly bound- ary line of the Southeast Quarter of said Sec- tion 9; thence run Northerly along said Westerly Boundary line of Southeast Quarter of Section a distance of 20.0 feet to a point; thence run northwesterly a distance of 97.22 feet to a point of intersection with the Easterly bounda_ry line of~cGinley & GosmanS/D~ in Plat Book which Easterly boundary line also forms a por- tion of the Easterly R/W line of Northeast Eighth Avenue A/N/L/0/A/I/U by the City of Delray Beach; thence run Northerly along said Easterly boundary line of McGinley & Gosman S/D., a distance of 377.0~ feet to a point in the Southerly R/W line of Northeast Eighth Street A/N/L/O/A/I/Uby the City of Delray Beach; thence run easterly ~long the said southerly R/W l~ne of Northeast ~th Street a distance of 622.?~ feet to a point of intersection with the West- erly R/W line of Pal~Trail A/N/L/O/A/I/U~ thence run southerly along said Westerly line of Palm Trail a distance of ~65.72 feet to a point in the Southerly boundary line of said Lot 6 Model Land Compahy's S/D; thence run westerly along said southerly boundary line of Lot 6 a distance of 5~0.~3 feet to point of beginning~ said benefits to be determined and prorated according to the front footage of the respective properties as set forth immediately abovee BE IT FURTHER RESOLVED that said special assessments against all the lots and lands as set forth herein which are specially benefited, 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) percent per an.uum, 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 of Chancery to enforce payment thereof with all accrued interest, together with all legal costs incurred, including a reasonable attorney's fee. The total a~ount of any lien may be paid in full at any time with inter- est 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., Monday, March ?th, 1960, for the purpose of hearing objections, if any, on said proposed improvement, as set forth herein. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 15th day of February, A.D., 1960. ATTEST City Clerk ' '