42-76 ORDINANCE NO. 42-76
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO.
27-72 AND ORDINANCE NO. 22-76 REFERRING TO THE
DRAINAGE PROJECT FOR THE SOUTHWEST AREA OF THE
CITY (PROJECT NO. 5964-9a) BY LOWERING THE ASSESS-
MENT FROM TWO CENTS PER SQUARE FOOT TO ONE CENT
PER SQUARE FOOT; ELIMINATING THE INTEREST ON
UNPAID INSTALLMENTS' EXCEPT IN THE EVENT OF DEFAULT,
IN WHICH CASE INTEREST SHALL BE SEVEN PER CENT
PER ANNUM; PERMITTING FOUR ANNUAL INSTALLMENTS
INSTEAD OF THREE; PROVIDING A TWO PER CENT EARLY
DISCOUNT FOR PAYMENT IN FULL PRIOR TO THE
FIRST ANNUAL INSTALLMENT; PROVIDING FOR NOTIFICA-
TION 30 DAYS PRIOR TO DUE DATE OF EACH INSTALLMENT;
PROVIDING FOR A REFUND WHERE A REFUND IS DUE;
PROVIDING A SAVING CLAUSE; PROVIDING A HEARING
DATE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRA%
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Resolution No. 27-72 (Pages 4 and 36) be amended as
follows:
BE 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 the basis of the property owners of
said improved properties, as shown in this
Resolution, paying, by special assessment, ~we
~ cents one (1) cent per square foot of
property assessed and the City of Delray Beach
paying the balance of the cost from proceeds
of a general obligation bond issue issued' for
this purpose, together with Federal grant funds
for which a commitment has been obtained.
AND BE IT FURTHER RESOLVED that said special
assessments against all of the lots and lands
as set forth herein, which are specially bene-
fitted, shall be and remain liens superior in
dignity to all other liens, except liens for
taxes, until paid, from the date of the assess-
ment upon the respective lots and parcels of
land assessed,
a~ ~he ~a~e ~ e~h~ ~8~ pe~ eene per
and which may be paid in ~h~ee ~ four (4)
equal yearly installments w~h
~n~e~ese on a~ ~e~e~e~ payments. Payments
shall be made at the same place that taxes
payable to the City of Delray Beach are paid,
namely, at the office of the City Tax Collec-
tor, and upon failure of any property owner
to pay any annual installment due, or any
part thereof, er any ann~a~ ~ee~es~
~e~e~e~ paymenes~ the City of Delray Beach
may bring necessary legal proceedings by a
Bill in Chancery to enforce payment thereof
with a&~ aee~ue~ interest, together with
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.
Section 2. That Ordinance No. 22-76 be amended as follows:
SECTION 1. The assessments, as shown by said
assessment roll which is attached hereto and
made a part hereof, are hereby levied against
the properties shown and in one half (%) the
amounts stated on said assessment roll, said
assessments to be paid in ~h~ee four equal
annual installments? ~oge~he~ w~h
a~ ~he ~e o~ 8% per
men~ beoom~ng due amd payab~e om A~s~ 24?
ensuing ~wo yea~sT~ The first annual install-
ment shall be ~ayable on the 13th day of
February, 1977. The rema%n%ng annual install-
ments shall be paid on the same date each year
except in the event that the day of payment
is a Saturday, Sunday or legal holiday in which
event the annual installment shall be due and
~ayable the next regular business day; and said
special assessments, so levied, shall be a lien
from the date the assessments become effective,
upon the respective lots and parcels of land
described in said assessment roll, of the same
nature and to the same extent as the liens for
general City taxes, and shall be collectible
in the same manner and with the same penalties
and under the same provisions as to sale and
forfeiture as City taxes are collectible.
Section 3. That Resolution No. 27-72 and Ordinance No. 22-76 both be
further amended by adding as the final paragraph of said resolution and
ordinance immediately preceding the passed and adopted clause the following
language:
No interest shall be payable on any unpaid annual
installment unless the installment has not been
paid on its due date. In the event that an install-
ment has not been paid on its due date, that
installment shall thereafter bear interest at the
rate of seven (7%) per cent per annum, simple interest,
until paid.
There is hereby established a two (2%) per cent
early payment discount for any assessment as to
a specific piece of property that is paid in full
(less the 2%) on or before the due date for the
first annual installment.
Anyone who has already paid the special assessment
on or before the date that the above-referred to
'amendments have become effective shall be entitled
to a refund, in accordance with the terms and
conditions, as ammended, set forth.
Approximately 30 days prior to the due date of each
annual installment the City Administration will
mail to the address of each property assessed a
notice which shall specify the due date of the
- 2 -
Ord. No. 42-76
annual installment, the amount due~ the reason why
the property owner is being requested to make pay-
ment, and the place of payment.
To the extent possible from City records, the
Finance Department shall identify those who have
paid the assessment and make the appropriate re-
fund. As to those assessments for which a refund
is due, and for which it is not possible from
City records to identify who paid the assessment,
it shall be necessary to apply to the Finance
Department for refund and present proper pro6f of
payment. If in the judgment of the Finance Director
or his designee,the proof submitted adequately
establishes that the person, firm or corporation
seeking a refund is in fact the person or entity
(or his, its assignee) that paid the assessment,
then the Finance Director shall make the appropriate
refund.
Section 4. That in all other respects Resolution No. 27-72 and Ordi-
nance No. 22-76 shall remain in full force and effect.
Section 5. That should any section or provision of this ordinance or
any portion thereof, any paragraph, sentence or word be declared by a court
of competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That the City Council shall sit at the City Hall, in the
City of Delray Beach, Florida at 7:00 p.m., on December 13, 1976, for the
purpose of hearing objections, if any, on said amended Resolution No. 27-72
and Ordinance No. 22-76, as set forth herein.
Section 7. That this ordinance shall become effective upon becoming
law.
PASSED AND ADOPTED in regular session on second and final reading on
this the 13th day of December , 197 6.
ATTEST:
City Clerk
First Reading November 22. 1976
Second Reading December 13. 1976
- 3 -
Ord. NO. 42-76