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~.