03-72 ORDINANCE NO. 3-72.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN
BY THE ASSESSMENT ROLL SUBMITTED BY THE
CITY MANAGER OF SAID CITY, CONCERNING THE
OPENING, GRADING AND PAVING OF THE NORTH-
SOUTH SIXTEEN (16) FOOT ALLEY IN BLOCK 1,
ROSEMONT PARK SUBDIVISION TO A WIDTH OF
SIXTEEN (16) FEET.
WHEREAS, the City Manager of the City of Delray Beach,
Florida, has in pursuance to the Charter of said City, submitted
to the City Council for approval, a report of the costs, and the
assessment roll for the opening, grading and paving of the North-
South sixteen (16) foot alley in Block 1, Rosemont Park Subdivision
to a width of sixteen (16) feet.
WHEREAS, said report and assessment roll was approved
by the City Council in regular session on the 24th day of January,
1972, and
WHEREAS, due notice concerning said assessment roll
was given by advertisement, by the City Clerk, in accordance with
the City Charter of said City, and for the purpose of hearing ob-
jections to said assessment roll, and
WHEREAS, no sufficient objections were received to the
confirmation of said assessment roll.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. The assessments, as shown by said assess-
ment roll which is attached hereto and made a part hereof, are
hereby levied against the properties shown and in the amounts stat-
ed on said assessment roll, said assessments to be paid in three
equal annual installments, together with interest at the rate of
~ per annum, the first installment becoming due and payable on
April 12, 1972, and on the 12th of April for the next ensuing two
years; 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 penal-
ties and under the same provisions as to sale and forfeiture as City
taxes are collectible.
PASSED in regular session on second and final reading
on this the 13th day of March , 1972.
ATTEST:
First Reading February 28, 1972.
Second Reading March 13, 1972
DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA ~
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared ...g....a...r.~.....L..?......G...°....°..d..e....r. .................
who on oath says that he~2fe is ..... ~l~.],,.i.~h~X ................................. of The Delray Beach
News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor-
ida; that the attached copy of advertisement, being a0.~:.d..Cap/:1.on...~.3..-..7.2 .................
in the matter of ...Le.v.¥.Ln~...Aase,~.~men~:s....on..Aas. a~e.nL..~.o.l.1 ..............
in the ...................................................................... Court, was published in said newspaper in the
................. ..................................................................................
Affiant further says that the said Delray Beach News-Journal is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has
heretofore been continuously published in said Palm Beach County, Florida, each week and
has been entered as second class mail matter at the post office in Delray Beach, in said
Palm Beach County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate, commi~ion or refund
for the purpase of securing this advertisement for publica//on in the sai~ newspaper.
.................. 0~ i~£
9, 1973
BONDED TH:~U I-gED W. D;ESIEHIGRST
ASSESSMENT ROLL
For opening, grading and paving the North-South sixteen (16) foot alley in
Block 1, Rosemont Park subdivision to a width of sixteen (16) feet.
ASSESSMENT per front foot $4.714962
PROPERTY FRONT TOTAL
DESCRIPTION OWNER FOOTAGE ASS'M.
ROSEMONT PARK, BLOCK 1
Lot 1. Jack D. & Mary B. Walker
Agree/Deed:
Bertram & Elouise Minto 56.1 $ 264.50
Lot 2. Jack D. & Mary B. Walker
Agree/Deed:
Frank & Vernell Bullard 50 235.75
Lot 3. Jack D. & Mary B. Walker
Agree/Deed:
Robert & Lillie Johnson 50 235.75
Lot 4. Willie James Spells, Jr. 50 235.75
Lot 5. Council & Phannye Hayes 50 235.75
Lot 9. Margaret N~ite Edwards 50 235.75
Land Contract Agreement:
Robert P. & Rita W. Myrick
Lot 10. Margaret White Edwards
Land Contract Agree:
Robert P. & Rita W. Myrick 50 235.75
Lot ll. Joel Newman Construction Co. 50 235.75
Lot 12. Joel Newman Construction Co. 56.1 264.50
Lots 13, 14 & 15. Barbara C. & William H. Parish 156.1 736.00
Lot 16. Margaret Cribbs Ornelas 50 235.75
Lot 17. Willie F. & Doris P. Robinson 50 235.75
Lot 18. Willie F. & Doris ?. Robinson 50 235.75
Lot 19. Otha Lee, Jr. & Viola Wilson 50 235.75
Lot 20. Seacrest, Inc. 50 235.75
Agree/Deed:Charlie & Gemary Odom
Lot 21. Seacrest, Inc.
Agree/Deed: S.M. & Georgia Ann
Anderson 50 235.75
Page 2. ASSESSMENT ROLL
Lot 22. Seacrest, Inc. Agree/Deed:
Amos W. & Tommie D. Williams 50 235.75
Lot 23. Seacrest, Inc.
Agree/Deed: Isom C. & Annie Spivey 50 235.75
Lot 24. Seacrest, Inc.
Agree/Deed: Leona King 56.1 264.50
1,224.4 $5,773.00 *
Construction Contract (Rowe) $5,180.00
Advertising 75.00
10% for Engineering, Accounting & Collection 518.00
$5,773.00 *
*100% to be assessed per Resolution No. 13-71
Proof of Pubhcation
VS.
Filed in the Office of Clerk of Circuit Court
.................................................................................. , Clerk
By ............................................................................ , D. C.
Complainant's Solicitor.
Jim ElliS* Bill RatClifi. $har~
Cliff Poit;' Gino DiMare
~- SYBIL GRIFFIN,
BOb Mcin~h, BiB G~.
Ben Bra~h
~ 89-- M~Y ~A FAUL
110, ~b Or'u, ~r~ H~
Kay Fr~eric~.
SON, 111,
~nt, C~r~
MEMORANDUM
Date: January 17, 1972
To: City Clerk
From: Finance Director
Subject: ~Special Assessment: Alley, Blk 1, Rosemont Park
Itemized below are total costs of the Special Assessment
Project of opening and paving the alley between S. W. Fourth
Avenue and S. W. Fifth Avenue, Blk. 1, Rosemont Park.
Rowe Construction Co. $ 5,180.00
Advertising 75.00
Engineering, Accounting
& Collection 518.00
$ 5,773.00
DELRaY ~EACH~ FLORIDA 33444
February 10, 1972
Mr. J. Eldon Mariott
City Manager
City Hall
Delray Beach, Florida 33444
.Dear Mr. Mariott:
This office has been retained by Seacrest, Inc., a Florida
corporation, having its principal office in Delray Beach,
regarding certain assessments which, I understand, are to
be approved at the Council meeting on Monday, February 14.
We have carefully reviewed the preliminary proceedings and
the purpose of this letter is to place the City on notice
that in the event Seacrest, Inc. iz ever assessed for this lien
it will not consider the lien enforceable and will resist
any efforts the City might make to foreclose its lien.
To understand the corporation's reason, it might be helpful
to set forth the following brief history: Seacrest built
five homes in Rosemont Park, Block 1 and contracted to sell
the properties by entering into Agreements for Deed with the
purchasers. Each of these Agreements was recorded and in
each was a statement to the effect that the buyer under the
Agreement for Deed was expressly prohibited from doing any-
thing which would create a lien against the real property
without the written permission of Seacrest, Inc.
This form of conveyance is quite common and the buyer under
such an agreement does not acquire title until full payment
under the Agreement. It is essentially a land contract
which gives the recipient an equitable but no legal interest
in the property. True, the recipient can qualify for home-
stead exemption, but this is under a special provision of the
Florida tax laws. tie is unable to mortgage the property
and cannot assign his interest without the consent
of the owner.
Mr. J. Eldon Mariott February 18, 1972
Page two
It~is the corporation's opinion that the City should not
have accepted the signatures of these purchasers under the
Agreements for Deed on the petition for opening and paving
the sixteen-foot alley running north and south between Fourth
and Fifth Avenues through Block 1 of Rose~ont Park Subdivision.
Seacrest, Inc. would not have signed such a petition because
the corporation does not feel that the installation of the
alley has benefited the properties. Assuming these five signa-
tures to be void, the Petition did not contain the fifty-one
(51%) per cent of adjacent property owners necessary to ini-
tiate the action.
It may be that each of the purchasers under the Agreements
will in fact pay all of the monies due over ~he.years and
will acquire title. 'It may also be that at that time your
liens will be enforceable against the owners, but in the
event Seacrest, Inc. is forced to take over aDy of these
homes, the corporation will not assume the liability for
these liens since the improvements were not J.nitiated by
the legal owners.
I trust that you will understand our position.
Yours very t~uly,
,-n I d ,:? ..
cc: Mayor
City Council