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Res 1167-59 RESOLUTION NO. l16U A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE CLEARING, GRADING AND PAVING 0F~A THIRTY (30) FOOT STRIP LYING BETWE~W.N S.E. 2nd AND 3rd STREETS, BOUNDED ON THE WEST BY LOT 1 AND LOTS 15 THRU 23 INCLUSIVE IN BLOCK 79, AND ON THE EAST BY THE WESTERLY R/W LINE OF THE F.E.C. RAILROAD RIGHT-OF- WAY,T0 A WIDTH OF TWENTY-FOUR (24) FEET. WHEREAS, the City Council of the City of Delray Beach, Florida, did, on the~twelfth (12) day of January, 1959, adopt Resolution No. ll61 ordering the City Manager to prepare plans and specifications, together with estimate of cost of~clearing, grading, and paving of~a thirty (30) foot strip, lying between S.E. 2nd and 3rd Streets, bounded on the West by Lot I and Lots l~ thru 23 inclusive in Block 79, and on the East by the Westerly R/W line of the F.E.C. Railroad Right-0f-Way¢~to a width of Twenty-Four (24) feet, and requiring said plans, specifications and estimate of cost of such improvement 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 ~clear, grade and pave said Public Right-Of-Way, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that it is determined to make the following described improvement, to-wit; V'To Clear, Grade and Pave a thirty (30) foot strip lying between S.E. 2nd and 3rd Streets, bounded on the West by Lot 1 and Lots 15 thru 23 inclusive in Block 79, and on the East by the Westerly R/W Line of the F.E.C. Railroad Right-Of-Way to a width of twenty-four (24) feet, the total co.st, as estimated, for such improvement being $5,500. BE IT FURTHER RESOLVED that the entire cost of such im- provement shall be borne by the owners of lands abutting thereon. BLOCK PROPERTIES DESCRIPTION 79 Lot 1 " Lots 15 & 16 " Lots 17, 18 & 19 " Lot 20 " Lots 21, 22 & 23 i F.E.C. R.R. On East Bd~y. of proposed . improved R/W lisaid benefits to be determined and prorated according to the front i!footage of the respective properties as set forth immediately above. BE IT FURTHER RESOLVED that said special assessments !against all the parcels of lands as set forth above which are i!specially benefited, shall be and remain liens superior in dig- ~ity 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, Payment shall be made at the same place that taxes payable to the City of Delray Beach, Florida, are paid, namely the office of the City Tax Collector, and upon failure of any property owner to pay the annual installment due, or any part thereof, or any annual in- terest upon deferred payments, the City of Delray Beach may bring necessary legal proceedings by a Bill in Chancery to enforce pay- ~ merit thereof with all accrued interest, together ~ith all legal costs incurred, including a reasonable attorney's 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 7:30 P.M., on the ~ ninth day of February, 1959, for the purpose of hearing objec- tions, if any, on said proposed improvement, as set forth above. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 26th day of January, 1959~ M~YOR ATTEST: January 23, 1959 Memo To: R. D. Wo From: M. C. F. In regard to the estimate for paving the 30ft strip between the RR and SE 2nd and 3rd Streets, and the property owned by the residents represented by Mr. Ray Bonnell, a very rough estimate on the cos~ of this improvement, including drainage and g~ading, is $5,5oo. The minutes state that the Council has requested. the City Manager to prepare a resolution as No. l, requiring plans, specifications, and.~s$imate of cost for the improvement of the ferred to herein. These three items should be prepared simultaneously in order to be of any .value, as considerable exploration should be performed to determine the correct elevation, amount of fill, d~ainage required, etc. Further the minutes state that Mr. Bonnell requested, "paving of the 30ft strip". I have assumed, in this estimate, that this entailed a 30ft width of paving. LYING Publication 3rdi Affidavit of DELRAY BEACH NEW$-~-~ Published Weekly Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared -~'~-~--~---~~ ............ who on oath says that_~-_is ...... ................... __~__~ .............. of the De~ray Beach NEWS, il weekly newspaper published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertisement, being a ........ in the matter of..~._J~--. -~ .................. ...... ............. in the .................................................................... Court, was published in said newspaper in the issue (s) Affiant fu~her, sayt~ that the said Delray Beach NEWS~i~er published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been con- tinuously published in said Palm Beach County, the Florida, each Thursday and has been entered as second class mail matter at the post office in B~ of Delray Beach, in said Palm Beach County, Flor- ~na~ ,' ~re remain liens, ida, for a period of one year next preceding the first publication of the attached copy of~adver- the the re- tisement; and affiant further says that__~,~_ ..... the has neither paid nor promised any person, firm or corporation any discou~ rebate, commission shall or re£und £or the purpose/of/securing this adver- : t~xes tisement for pu of failure ' annual Sworn ~to a~d subscribed before me this. . may total full tar P lic , of }dy Commmmn ~xp~res Nov. 6, 196o W. TALBOT I WoRTHING. City Clerk OF FLORIDA ,.~:~';' !Y OF PALM BEAC~ )F DEL~Y ~ D. Worthing. ~ ~ t the City of Delray ~ ~reby ~lfy t~ fOre~inE correct copy o[ ~soluti~ ~d ~dopted by th~ at the re~lar meeting the 26th day of Janus,. 1~. ~e ~ of w~ich is on file in my off~.