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03-24-58 ~:~,CH 24TH, 1958, A Regular meeting of the City Council was held in the Council Chambers at ?:$0 P.M., withMayor J. LeRoy Croft in the Chair, City Manager W. E. Lawson Jr., City Attorney Harry T. Newett and Commi~s- sioners Col. Dugal G. Campbell, Fred B. McNeece, George Talbot Jr., and George V. Warren being present. An opening prayer was delivered by Att'y. J. W. Nowlin. On motion of Commissioner Campbell and seconded by Commissioner Wart? the Council unanimously approved the Minutes for the Council meetings of March 10th and lath. Commander Daniel M. Hazard and Adjutant Carl E. Bremer of American Legion Milton Nyers Post No. 65 ~resented.the Council and the City of ~elray Beach aNEW Flag for use in the "C~ty Park" whose present Flag is considerably weather beaten. Commander Hazard requested return of the Flag now in use that same may b? properly retired. Mayor ?oft, on behal~ o~ the C~ty of Delray BeaCh, accepted the NEW Flag ~lth deep appreciation and extended t~e sincere thanks of the Council to Milton Myers Post No. 65 for th~s presentation. On the request of Cit~Manager Lawson that a City Auditor be ~p- pointed for the current fiscal year, now nearly six months gone, ~n order that the auditor's periodic and unannounced spot checks and in- vestigations may be provided, the Council, on motion of Commissioner Talbot and seconded by Commissioner McNeece, unanimously approved ap- pointment of Bateman & Jeffries as auditors for the City of Delray. Beach for the fiscal year ending September 30th, 1985, On motion of Commissioner Warren and seconded by Commissioner' Talbot the council Unanimously agreed that the City Nanager be re- quested to contact the F.E.C~RR officials seeking their cooperation in the installation of crossing and gates in con3unction with the opening of N.E. 3rd Street across the F.E.C. tracks. Att'y. J. W. Nowlin appeared on behalf of Nr. T. M. 0'Neal, con- cerning-Nr. 0'Neal's request ~or the re-zoning of a part of Lot 1, Block 1, Section 21-46-43, which had been tabled at a prior meeting for further consideration, and cited Court cases wherein it had been determined that a municipal government had unjustly withheld the re- zoning of certain parcels of land, which had, in effect, resulted in indiscrimination of such applications. Att'y. Nowlin further expressed his opinion that the City was imposing a financial sacrifice on the part of Mr. O'Neal, by not ap- proving re-classifying this particular parcel of land to Commercial ~ zoning which applied thereto prior to the over-all zoning Plan of 1956! Paul S. Knowles, of the Planning/Zoning Board, informed the Coun- cil that the Pla.nning Board, on February 18th~ 1958 as on February · 25th, 1957, unanimously approved denial of th~s request for rezoning, feeling that there was sufficient C-2 zoned property in the City for many years to come, and, further, did not approve extending anymore C-2 zoning north of N.E. 4th Street nor south of SoE. 4th Street. Commissioner Campbell questioned, if, in the opinion of those con- cerned, the need for re-zoning of the parcel of land referred to above has advanced to the point of warranting such re?c~assific~tion of lands south of S.E. 4th Street, and should one (1) potential sale be of sufficient evidence to create cause for re-zoning consideration. Following a general discussion and on-motion of Commissioner Campbell, seconded by Commissioner Na~ren, that this.request for re- zoning be denied, as recommended by the Planning/Zoning Board - - a 1 Call of Roll resulted in Commissioners Campbell, Talbot and Warren voting in favo~ of denying said reque~t,'CommissionerMcNeece and Mayor Croft being opposed to such ~enlal. Mr. Beatty, s~b-divider of a.parcel of land in the S.W.¼ of Sec- tion 20-46-43,.adsacent to the c~ty limits and just west of German- town Road, agaxn appeared before the Council seeking reimbursement. for expenses incurred relative to installation of certain water ma~n distribution lines from an existing main on German~own Roa~ ~o his proposed sub-division, and submitted a sketch of h~s sub-d~v~sion as prepared by Elliot Gross and Associates showing water distribution design therein, as well as disclosing the need for a main distribu- tion line along GermantownRoad for approximately 676 feet. Nm. Beatty advised of only having need for a six inch line to the sub-division, however, for the future need in this general area, it would be advisable to install a 10 inch main, and agreed to provide for such 10 inch main installation from the current existing main, to his sub-division, at his expense, requesting reimbursement from reve- nue resulting in water sales within his d~ve~opment, wherein he a- grees to construct and provide for forty (40) or more homes within one year from date. · A general discussion followed during which.Mr. Beatty a4ain mnded the Council that he would cover the entire expense, necessary at this time, for the installation of a ten inch water main to his sub-division, a~d ~urther agreed to construct at least forty (40) homes therein w~th~n one (1~ year from date. Commissioner Campbell moved that the City of Delray Beach reim- burse Mr. Beatty 100 percent of cost of 6 inch line to development on the following basSs ? "Devel?er agve?s to build and have occupied not less than forty (~0) homes in ?nB (1) year from date, and the City agrees for a per~od of seven (7) years f~om date to refund t the developer 100 percent of the net surplus (SEE Ordinance No. G 288) per year as derived from this developmen$ until this 100 percent is refunded, at the end of the seventh (7th) year period this agreement to become void. The City to further agree to pay in full the diffe- rence in cost between a six inch and a ten inch line which the City w~ll insist be used, this agreement only covering the extension of water main line from present temminal to easterly line of property in said sub-division, said motion being subject to legal preparation of Contract incorporating the terms and conditions hereof by the City Attorney' Motion seconded by CommissionerMcNeece and unanimously passed. On motion of Commissioner Campbell and seconded by Commissioner Talbot the Council unanimously agreed that any future connections to the proposed new main distribution line along GermantownRoad to the above referred to sub-division shall be charged for same in ac- cordance with present City regulations plus their share of any neces- sary 2 inch extension at the currently established rate of $1.00 per foot. City Manager Lawson read the following letter from "Totterdale DeVelopment, Inc.," March 10th, 1~88. TO CITY COUNCIL: ~e have requested the Board of County Commissioners to abandon that certain easement in Section 18-48-4S, on the exten- sion of N.W. 2nd Street, on theW est side of the Seaboard Airline Ry. This particular easement is in the County. Before the County Commis- sioners would act on our request, however, they first wanted to know if the City of Delray Beach had any plans for the extension of N. W. 2nd Street. The Planning Board has given this their consideration and has ad- vised us that they ~o not have any plans for the extension of N. W. 2nd Street, nor do they consider it economically f.easible to ever ex- tend said N. ~T. 2nd Street. In order to extend th~s street, it would require considerable expense for a railroad crossing, for signal lights, gates, etc. We, therefore, request the City Council hereby approve the action of the Planning and Zoning Board and advise the Board of County Com- missioners tothat effect. A copy of the letter f~om the County Commissioners is attached hereto. /S/ TOTTERDALE DEVELOPMENT CO., Richard L. Totterdale, Sec - Treas. On motion of. Comm~s.sioner Talbot and seconded by Commissione~ ~Varren the Council unanimously agreed that this letter be referred to the Planning Board for its recommendation. The City Manager submitted the followinE request concerning a pro- posed Steel Sheet Pile Bulkhead on the "Southampton Apartments pro- perty'' in Block "D" of Palm Beach Shore Acres: NOP~AN C. SC~ID AND ASSOCIATES S/17/88 TO CITY MANAGER Enclosed is a plan of the above subject. The owner is Nfs. Finley, of the Southampton, Delray Beach, Florida. This office has been engaged to draw the plan and supervise its construction. It is respectfully requested that this pla n be given your . earliest possible attention, as we would like to advertise for bzds as soon as possible. /S/ NORMAN C. SCHMID & ASSOCIATES Norman C. Schmid Commissioner Warren moved that t.he request of Norman C. Schmid & Associates be referred to the .Planning Board for study and recommenda- tion. Motion seconded by CommAssioner Talbot and unanimously passed. City Manager Lawson read Ordinance No. G-282: AN ORDINANCE REGULATING AND DEFINING CONDUCT CONSTITUTING AN OFFENSE BY PERSONS IN THE CITY OF DELRAY BEACH, FLORIDA; PROHIBITING LOITERING IN AND ABOUT PUBLIC AND PRIVATE SCHOOLS AND INTERFERENCE ~ITH MINORS; AND PRESCRIBING PENALTIES FOR VIOLATION OF ITS PROVISIONS. (See Photo Copy, Page 62-A) On motion of Commissioner Campbell and seconded by Commissioner McNeece, the Council unanimously agreed that Ordinance No. G-282 be passed amd~. adopted on this second and final reading. The City Manager then read Ordinance No. G-288: AN ORDINANCE OF THE CITY COUNCI~ OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING THE ~ST 80 FEET OF LOTS ? AND 8 IN BLOCK ?5, DELRAY BEACH, IN "C-2" DISTRICT; REQUIRING ANY BUILDING TO FRONT SOUTH; AND A~iENDING "ZONING ~{AP OF DELRAY BEACH, FLORIDA, 1988". (See Photo Copy, Page 62-B) Commissioner Warren moved that Ordinance No. G-285 be passed and adopted on this second and final reading. Motion seconded by Co~,m~s- sioner Talbot and unanimously ca~ied. City Manager Lawson then read Ordinance No. G-284: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA, REZONING AND PLACING LOTS 18, l?, 18 and ~ST S?.§ FEET OF LOT l§, V~LEATLEY SUBDIVISION IN "R-2" DISTRICT, AND AMENDING "ZON- ING NAP OF DEI~AY BEACH, FLORIDA, 1988". (see photo copy, Page 62-C) On motion of Commissioner Campbell and seconded by Commissioner McNeece, the Council unan. imously agreed.that Ordi. nance No. G-284 be passed and adopted on th~s second and final reading. The City Manager then read Resolution No. 1094: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFI' CATIONS AND ESTINATE OF COST FOR CONSTRUCTION OF STORM DRAINS IN. SECTION "D" AS SHOWN ON STORM DRAINAGE SYSTEM SURVEY FILE T.F. 1888-G, TO- GETHER WITH THE INSTALLATION OF CATCH BASINS, NAN'HOLES AND APPURTENANCES IN CONJUNCTION %VITH SUCH STORM DRAINS. (see photo copy, Pages 62-D & 62-E) Commissioner Warren moved that Resolution No. 1094 be adopted. Motion seconded by Commissioner Talbot and unanimously approved. City Managsr Lady,on then read Resolution No. 1095: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE CONSTRUCTION OF STORM DRAINS IN SECTION "D" AS SHO~ ON STORM DRAINAGE SYSTEM SURVEY FILE T.F. 18~8-G, TOGETHER ~VITH THE INSTALLATION OF CATCH BASINS, ~LiN-HOLES AND APPURTENANCES IN CONJUNCTION iiVITH SUCH STORM DRAINS, (see photo copy, Pages 62-F & 62-G) "It is ordered that the City Council s.hall sit at the City Hall, in the City of Delray Beach, Florida, at ?.80 P.M., on April 14th, 1958, for the purpose of hearing objections, if any, on said improve- ment, as set forth in Resolution No. 1095." On motion of Commissioner Campbell and secondet by Commissioner Talbot, the Council unanimously approved adoption of Resolution No. 1095. The City Manager then read Ordinance No. G-285: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REGULATING THE SUBDIVISION OF LAND IN OR ABOUT TO BE ANNEXED TO THE CITY OF DELRAY BEACH; RE- QUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF PRELIMINARY AND FINAL PLATS; ESTABLISHING MINIMUM SUBDIVISION DESIGN STANDARDS; PROVIDING MINIMUM ~ll~PROVE- MENTS TO BE MADE OR GUARANTEED TO BE NADE BY THE SUBDIVI- DER AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF. Co~m~issioner Campbell moved that Ordinance No. G-285, amended to reflect Council approval of 'Final' plats, be placed on first'reading. Motion seconded by Commissioner l~Yarren and unanimously passed. City Manager Lawson then read Ordinance No. G-286: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEIRAY BEACH, FLORIDA, DESIGNATING SAID CITY AS A BIRD SANC- TUARY; ESTABLISHING REGULATIONS TO PROTECT BIRDS AND I~fILD FO~VL; AND PRESCRIBING PENALTIES. On motion of Commissioner Campbell and seconded by Commissioner McNeece, the Council unanimously agreed that Ordinance No. G-288 be placed on first reading. The City Manager then read Ordinance No. AN ORDINANCE OF THE CITY COU~iCIL OF THE CITY OF DELP~IY BEACH, FLORIDA, REZONING AND PLACING OCEAN BEACH LOTS 29, $0, $1 and $2 IN "R-$" DISTRICT, AND AMENDING "ZONING lvLAP OF DELRAY BEACH, FLORIDA, 1956'". Commissioner Warren moved that Ordinance No. G-287 be placed on first reading. Notion seconded by Commissioner Talbot and unanimously approved. On motion of Commissioner Campbell and seconded by Commissioner McNeece, the Council unanimously approved payment of Bills in the a- mount of $ 145,220.68, as presented by City Manager Lawson, subject to the approval of the Finance-Committee. The City Manager then submitted Bids received for DEM~OLI~TION and REMOVAL of the old Civic Center building, being as follows; East Coast Wrecking Co., $ 690~00 E. L. V~atkins $1000.00 Commissio~er Campbell moved that the Low Bid, for demolition of the old Civic Center Building,~ Removal of Debris and Leveling o.f L.ot, subject, to terms of proposal (Begin ~7ithin l0 Days & Complete W~th~n 60 Da.ys) and further subject to pen.alty provided in Sec. 28, Page l§ of sa~d proposal, be accepted. Motion seconded by Commissioner Talbot and unanimously approved. On motion of Commissioner Campbell and seconded by Commissioner VJarren, the Council unanimously agreed that problems of Mr. Ozzie Youngblood, as presented from the floor at this meeting, should be directed to the City Manager for processing and Mm. Youngblood was so advised. On motion of Commissioner Campbell and seconded by Commissioner Talbot, with unanimous approval by the Council, City Manager Lawson was requested and authorized to provide for investment of the proceeds from the Sale of Golf Co.urse, namely $8§0,000.00 now in escr.o.w, t.o the best advantage and benefit to the City of Delray Beach, possibly ~n short term government bonds, subject to the City Attorney's approval as concerns the legality of escrow release thereof by virtue of final act relative to the closing of said sale. City Manager Lawson was requested to check on the possibility of enforcing certain streets and highways be used for truck deliveries, as use of secondary streets by heavy trucks in the recent months has resulted in their deplorable present condition. The City Manager then read the following letter: TROPIC~L ISLE DEVELOPMENT CO., $/18/88. TO CITY COUNCIL This letter is written on behalf of Gateway Shopping Center, on South Federal Highway, Delray Beach. . On the attached plat of the property you will note an area indi- cated in red and designated "Cloister ?Jay". It would be appreciated if the Counci~l and Zon~ing Commission would allow the overhanging of Cloister Way (sidewalk) area by the permmnent roof of store buildings to be constructed. If this is allowed, the developers will restrict this overhang so as to be uniform throughout and thus avoid any necessity for canvas .awnings, e.tc, . - Your prompt attention to th~s matter w~11 be appreciated. /S/ KINGBEE AND TENACE CONPANY~ M. S. Sturtevant Pres ~ On motion of Commissioner Talbot and seconded by Commissioner McNeece, the Council unanimously approved referral of said letter from Tropical Isle Development Company to the Planning Board for study and rec ommenda t ion. City Nanager Lawson read the following letter: PA~.N BEACH COUNTY 3/19/58 TO CITY NANAGER ~e have received your letter of the thirteenth requesting signals and gates at the Gulfstream Boulevard railroad crossing between Delray Beach and Boynton. This matter has been referred to our Engineering Department with instructions to contact the Florida East Coast Railroad Company to see if they will install the signals and gates at their expense. If we are not successful in having them do this, we will consider the re- quest in July when we are preparing our budget for the fiscal ye.ar of 1988-1959, and try to include this project in our Road and Bridge Budget for next year, /s/ F. SUN County Commissioner City Nanager Lawson's attendance at the annual meeting of The City Nanagers' Association, to be held in Clearwater April 14th thru the 16th, was unanimously approved by the Council, on motion of Com- missioner Talbot and seconded by Commissioner Warren. NEETING ADJOURNED. R. D. WORTHING NO. O'laS . AN ORDINANCE ~.EGULATING AND DEFINING CONDU~T CONSTITUTING AN OFFENSE BY PMi~SONS IN THE CITY OF ~.~' ELk~Y BEACH, FLORIDA; PROHIBITING LOITERING IN AND ABOCT FUBLIC AND P~VAI~E SCHOOLS AND R~E~FE~NCE WiTH MINORS; AND PRESCRI~II~G P~N~TIES FCR VIOL.~TiON OF ITS PROVISIONS. BE IT O.~DA1NED by the City Council of the City of Delray Beach, Florida: SECTION 1. No person within the City 'of Delray Beach, Florida shall loiter or stroll in, about, or upon any public or private school, school grounds, or pmblic area surrounding such school, without lawful business or lawful reason therefor. SECTION 2. No person within the City of Delray Beach, Florida shall wilfully interrupt or disturb any assembly or gather- ing in or about any public or priva~e school or school grounds without lawful reason. SECTION 3. No person within the City of Delray Beach, Florida shall interfere with or molest any minor in or about any public or private school, nor shall any person without lawful reason interrupt or interfere with the normal course and conduct of school activities. SECTION 4- This ordinance shall not be applicable to pupils in and subject to the discipline and regulations of any public or private school within said city. SECTION 5. Any person who shall violate any pro- vision of this ordinance shall be deemed to be guilty of a mis- demeanor, and upon conviction the~oeof shall be punished as provided in Section 1-& of the Code of Ordinances cf the City of Delray Beach, Florida. SECTION 6. If any provision of this ordinance, or its application to any person or circumstances, shall be held invalid, the remainder of the ordinance, or the application of the ordinance, or the application of the provision to other persons or circumstances, shall not be affected. S~CTION 7. This ordinance is supplemental to exist- ing ordinances, and shall not be deemed to repeal, amend or modify any ordinances now in force and effect. PASSED this ,~4tJ~ day of hi'oh , 1958. ~ATTF~T: · le~ Road~u~ ~ ORDINANCZ ~o. OF THE OITY OF D~Y ~H, F~R- ~, ~~G ~D P~C~G ~T 80 ~ OF ~S 7 ~D 8 ~ B~X D~Y ~CH, ~ "C-Z" D~TRIOT; ~U~G ~Y BUI~G T0 BE IT OH~~ BY T~ CITY C~CIL 6F T}~ CITY DE~Y ~H, F~R~A: ~TI~ 1. ~t g~ follow~g described proparty ~ t~ 0it~ of Delta2 ~ach, Florida, is hereby rez~ed p~ced ~ "0-2 General Co~ercial District", as defied by C~pter 29..of the Code of Ord~ces of ~e City of De~ay ~ach, Florida, ~o-wit: T~ West ~ fee~ of ~ts 7 ~d 8, Block 7~, De.a2 Beach, Fl~i~, aocord~ to the plat t~reof on file ~ the office of the Clerk of the Circuit Co~t, ~ ~d for Beach Cowry, Florida. 3~TI~ 2. T~t ~2 ~ild~g ~ich ~2 be erected up~ t~ above described property ls ~reby re~ired to ~ve l~s ~ entr~ce ~d front fac~ aou~, ~d it is pr~ibited t~t ~y such bulldog shall front weate Z~Ti~ 3. ~t the ~lld~ ~spector of ~id city a~ll upon the effective date oI t~s Ord~ce ch~ge "~~ ~p of De~ Beach, Florida, 1956", to c~fo~ with t~ provisio~ of Sec~i~ 1 hereofe . P~S~ ~ re~l~ session ~ t~ aeoo~ ~d f~l read~ ~ ~his the ~ d~ of ~p~ ~ A.D. 1958. ~d aead~ ~FCh ~ 19~ Oi.{D INANCE NO. ~-184 · A~ ORDINANCE OF THE CiTY COOr'NCIL 0F THE CiTY OF DE~LAY BEACH, F~OR- IDA, REZONI2QG A~D PLACl~G LOTS 16, 17, 18 and WEST 37.~ ~RT OF LOT 15, WHEATLWf SUB~)iVISION IN "R-2" DISTRICT, AND A~.5~DING "ZONING MAP 0F DELHAY BEAC H, FLOR IDA, 195 6." BE iT ORDAINED BY THE CITY COUNCIL 0F THE CI~[%~ OF DELHAY BEACH, FLORIDA: SECTION 1. That the follow~ng described property in the Cit~ of Delray Beach, Florida, is hereby re~oned and placed ~ R-2 One and Two Family Dwelling District", as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lots 16, 17 and 18, and the West 37.5 feet of Lot 15, WHEATLEY SUBDIVISION, Delray Beach, Florida, according ~o the plat there- of on file .~n the Office of the Clerk of the Circmit Court in and for PaLm Beach County, Florida. SECTI(~ 2-e That the ~uilding Inspector of said cit~ shall upon the effective date of this Ordinance change the "Zoning Map of Delray Beach, Florida, 1956", to conforla with the provisions of Section I hereof. ~ASSED in regular session o~ the second and final read£ug on this the ~ day of ~¢h , A.D. 1958. AT _T~T: / 1st Readin~/~~/~ /4~ '~ 2nd Readin~ March 2A~ 1~$8. RESOLUTION NO. lf)¢~4. A RESOLUTION 0F THE CITY..~.~OUECIL OF TIrE CITY 0F DELRAY BEACH, FL0}~IDA, REQUIRING PI,qNS, oPP,CI. ~CA_.~(.N.~. AND F~TIMA.~E OF COST FOR CON- STRUCTiON OF STOI~M DRAINS IN SECTION "D" AS SHOW~ ON STORM DRAINAGE SYSTEM SURVEY FII~] T. F. 1868-G, TOGETtfER WITI~ Tt[E INSTALI~%TION OF CATCH BASINS, MAN-HOLES AND APPURTENANCES IN CONJUNCTION WITH SUCH STORM DRAINS. BE IT RESOLVED by the City Council of the Cit~ of Delray Beach, Florida, as follows: 1. That the Ct ti Manager shall secure plans, specifi- cations and estimate of cost for the construction of Stomn Drains and appurtenances in Section "D" as shown on Storm Drainage System Survey File T. F. ]868-G, togetKer with the installation of neces- sary Catch Basins and Man-Holes in conJ~mctton with such Storm Drains to drain ;n .~ea to be detez~mlned as the Drain Field Area and lying within that section ef land bounded by: Beginning at the intersection of the center line of the right-of-way of State Road No. AIA (formerly State R~ad No. 140) with the center line of the right-of-way of Bucida Road: (n~te: for convenience all references made hereinafter to roads, blocks, And lots a~e to the same as sh~n on plats of Seagate Sections A and B and on Plat of Seagate Extension recorded respectiw®ly in Plat Book 20, Page 48, Plat Book 21, Page ~6 and Plat Book 24, Page 67, Public Records of Palm Beach County, Florida)s thence westerly to the southwesterly corner of Lot 1, Block 3; thence southerly along the westerly line of Lots 2, 3 and 4 ef Block 3 to the southwesterly corner of Lot 4, Block 3; thence south- westerly to the intersection of the center line of the right-of- way of Seagate Drive with the 'westerly extension of the center line of Carissa Road; thence westerly te the Northeast corner of Lot 6, Block 10; thence westerly along the north line of Lets 6 and 5, Block 10 to the Northwest corner of Lot 5, Block 10; thence southerly along the west line of Lot 5 Bl~ck 10 to an intersection with the easterly extension of the South line of Lot 9, Block 16; thence westerly along said easterly extension across Sea Sage Drive and along the South line of Lot 9, Block 16 to the Southwest corner thereof; thence southerly along the west line of Lot 10, Block 16 to the Southwest corner thereof; thence easterly along the south line of Lot 10, Block 16, and its easterly extension to the northerly extension of the east line of Lot 3, Block 9; thence southerly along said northerly extension and along the east line of Lot 3, Block 9, to the Southeast corner of Lot 3, Block 9; thence westerly along the south line of Lot 3, Block 9, to the Northeast corner of Lot ~, Block 9; thence southerlyalonZ the east line of Let ~, Block 9 to the Southeast corner of Lot ~, Block 9; thence southwesterly to the Northeast corner of Lot ~, Block 2; thence westerly along the north line of Let 4, Block 2, to the Northwest co~ner of Lot 4, Block 2; thence southerly along the West line of Let 4, Block 2 and its southerly extension to the center line of ~he right ef way ~f Azalea Road; thence Southeasterly to the Southeast corner of Lot 3, Block 3, Seagate Extension; thence easterly along the north lime of Lot 4, Block 3, Seagate Extension to the Northeast oorne~ thereof; thence southerly along the east Xlne of Lot ~, Bl~ck 3, Seagate Extension to the Southeast corner thereof; thence easterly along the South line of Lot 11, Block 3, Seagate Extension to the Southeast oo~ner thereof; thence easterly a- ccess Seagate Drive te the Southwest corner of Lot 13, Block 1, Seagate Extensien; thence eastePly along the south line of said Lot 13, Block 1 to the Southeast corner thereof; thence northerly slang the east line of said Lot 13, Block 1, to the Northeast corner thereof; thence easterly along the north line of Lot 4, Block 1, Seagate Extension and its easterly extension te the center line of the right-of-way of State Read No. A/A; thence northerly along said center line of State Road Ne. AIA to the point of beginning. 2. That such plans, specifieations and estimate of cost shall be placed on file in the office ef the City Manager, in the City Hall. PASSED AND ADOPTED this ~th day ef Ma~eh, A.D., 1950. RESOLUTION ~'- 1095 A RESOLUTIOf~ OF THE CITY ~70;T~'r'iL. ..,~ OF THE CI'fY Ct*' DELY~.Y BEACH, FLORIDA, O}tDEF. Ih~ THE CONSTRUCTION OF STOOl D~INS IN SECTIOI~ "D" AS 3HO:~%%'4 O1'~ ST~ D~JNAGE SYST~. S[~tVEY FILE T.~. !8~8-G, TCGETH~ ~TH THE INSTAL~TION OF CATCH BASil, S, I~I-HOLES AND APPL~TENANCES IN COl,I JUNCTION ~IiTH SUCH $TC~ D~INS. WHEREAS, the City Council of the City of Delray Beach, Florida, di~, on the 24th day of March, A.. D. 195~, adopt Resolution No. 1094, ordering the City Manager to prelare plans and specifications for certain sto:m drains, and an estimate of cost of such improvement to be placed on file in the office of the City ~nager. NOW, THE~'~EFORE gE IT R~S,JLV~D by the City Council of the City of Delray Beach, Florida, that it is ~ete~ine5 to ~ke the followi~ ~escribed improvement, *,.o-~it: Cr~N?{'~uomTr~t~ OF Sto~ Sewer ~ains in Section "D" as sho~ on Sto~ D~s. ia~e System Sur~ey File T.F. 1868-G, and the installation of necessa~ e~tch b~sins, ~n-holes and appurtenances in con~unetion ,itt such stc~m ~sins, %he total estimated cost of which improvement is BE IT FLT<TH~. RESOLED that the enti~e cost of such impro~ement shall be sha~efl by the Citl of ~l~ay Beach, Florida, and the follow- ins described p~cperties in Delsey Be~eh, fMm Beach Co~t~, Florida, on ~ b~sis of Delphi Be~ch payin6 t~enfi~ (20) percent of the cost said improvement and the property o~e~s of sai~ p~cperties, sho~ bel~, ~in~ ei6ht~ (80) percent of the total cost; 2' /D V!SION. PROPERTY DESCRIPTIO Z.%UAKE FOOTAGE 8 Sea,ate "A" Part of Lot 1 7,200 8 " Lot 2 3 " " " 3 14,500 3 " " " 4 3 " " " 5 14,694 3 " " " " " 6 6,300 lO " " ~ 5 & Part of 4 24,750 10 " " Lot 6 17,818 16 " " " 10 ll, ~92 9 " "B" " 1 17,992 9 " ' " 5 17,~ 9 " ' ' 6 18,977 8 " " " 1 18,497 8 ~ ' ' 2 15,~ 8 " " Part of ' S 7, ~ Seagate Extension Lots 1 & 2 29,802 ' ~t S 14,~ 2 ' ' ' 4 14,~ S ' " " 1 28,169 S ' ' Lot 2 & Part off S 28,1~ S ' ' Lot 11 15,872 1 ' ~ ' 1 20,~1 1 ' " ' 2 15,188 1 ' " ' S 15,138 1 ' ' " 1S 10,648 BLOCK 2I~/DI~ISION HIOPE..TY DESCRIPTICN SQUARE FCOTAGE 1 Sea,ate Ext. Lot 14 10,766 1 " Lot 15 & S.4' of 16 11,327 1 " " Lot 16 less the S.4' 14,190 5 SF~;]ATE "B" Lot 1 & Lot A 16,448 5 " " ' 12 & " B 17,142 4 " "A" Lot 1 14,624 4 " " " 2 14,571 4 " "B' Lot $ 14,571 4 " " " 4 14,161 4 " " " 5 14,350 4 ' " Lots 6 & 7 24,696 4 " ' Lot 8 13,225 4 " "A" "9 13,225 4 " " Lot 10 13,o~,~'~ said benefits to be determined within the Drain Fie].d area in propor- tion to the benefits which will accrue to said lands. AND BE IT FbTITHEI% RESOLVED that said special assessments against all of the lots and lands as set forth herein, which are specially benefited, shall be and remain liens superior in disnity to all other liens, except liens for taxes, tmtil i,a~d, from the date ~f the asses- ment upon the respective lots and parcels of land assessed, and which shall bear interest at the rate of eight (8) percent per annum, and which may be paid in three (2) equal yearly installments wi. th accrued interest on all deferred. [~ayments. Payments shall be made at the same place that ta~es payable to the City of Delray Beach are paid, namely, at the office of the City Tax Collector, and upon failure of any pro- perty 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 Chance~-~ to enforce payment thereof with ali accrued interest, together with all legal costs incurred, includin!i a reasonable attorney's fee. The total a- mount o£ any lien ma~ be ~aid in full at any time, with interest from the ~ate cf assessment. IT IS ORDEkED that the '~lty Cou?cil shall sit at the City Hall, in the City of Delray Beach, F:orida, at 7:30 P.M., an April 14th, 1958, ~ ~roposed improve- for the purpose of hearing objections, i~' any, on sai8 ~. ment, as set forth herein. A~iPTED by thc City Council of the City of Delray .Beach, Florida, on this the 24th day of ~t~rch, A. D. 1958. /