43-66 ORDINANCE NO. 43-66.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT
ROLL SUBMITT~.D BY THE CITY MANAGER OF SAID CITY
CONCERNING THE CONSTRUCTION OF STORM DRAINS THROUGH
BLOCK 94 FROM S. E. 2nd STREET TO S. E. 1st STREET
AND EASTERLY TO INTERSECTION OF S. E. 1st STREET AND
4th AVENUE, AS SHOWN ON SURVEY FILE ST S 64-1, TO-
GETHER WITH THE INSTALLATION OF CATCH BASINS, MAN-
HOLES AND APPURTENANCES IN CONJUNCTION WITH SUCH
STORM DRAINS.
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 assess-
ment roll for the construction of Sto=m Drains through Block 94 from
S. E. 2nd Street to S. E. 1st Street and easterly to intersection of
S. E. 1st Street and 4th Avenue, as shown on Survey File ST S 64-1,
together with installation of catch basins, man-holes and appurten-
ances in conjunction with such Storm Drains, and
WHERKAS, said report and assessment roll were approved by
the City Council in regular session on the 25th day of July, 1966, 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, for the purpose of hearing objections, if any,
to said assessment ro11, and
WHEREAS, no sufficient objections were received to the con-
firmation of the assessment ro11,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. The assessments, as shown on said assessment
roll, which isatt&~hed hereto and made a part hereof, are hereby
levied against the properties shown and in the amounts stated on
said assessment roll, said assessments to be paid in three (3) equal
annual installments, together with interest at the rate of eight (8)
per cent per annum, the first installment becoming due and payable on
September 7, 1966 and on the 7th of September for the
next ensuing two years; and said special assessments, so lev/ed, shall
be a lien from the date the assessment becomes effective, upon the re-
spective lots and parcels of land described in said assessment ro11,
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 forfei-
ture as City taxes are collectible.
PASSED in regular session on second and final reading on
this the 8th ~]ay of August , 1966.
First Reading July 25, 1966
Second Reading --'Au'g~'g' 8,' 19'66 ............
ASSESSMENT ROLL.
Construction of Storm Drains through Block 94 from S. E. 2nd Street
to S. E. 1st Street and easterly to intersection of S. E. 1st Street
and 4th Avenue, as shown on Survey File ST S 64-1, together with the
~nstallation of catch basins, man-holes and appurtenances in conjunc-
tion with such storm drains.
ASSESSMENT per Benefited Square Foot - - -$ .015497
DE SCRI PTION BENEFITED TOTAL
OF.PROPERTY O~ SO. F..T.~... aSS'M..
South 240 feet Flor~a East Coast 26,400 $ 409.12
lying East of Railway Company
Railway, Block 85
Block 86 lying Florida East Coast 99,450 1,541.17
East of Railway Railway Company
Block Lot
94 1 H. Haild Zeder 8,262 128.03
94 2 H. Haild Zeder 8,262 128.03
94 3 H. Haild Zeder 8,262 128.03
94 4 Ho Haild Zeder 8,262 128.03
94 5 H. Haild Zeder 8,262 128.03
94 6 and
N 24~2' .of 7. H. Haild Zeder 11,529 178.66
94 8, 9 & 10 &
S 37' of 7. Leo A. & Joan M. Blair 29,560 458.09
94 12 H. Haild Zeder 8,262 128.03
94 13 H. Haild Zeder 8,262 128.03
94 14 H. Haild Zeder 8,262 128.03
9~ 15 H. Haild Zeder 8,262 128.03
94 16 H. Haild Zeder 8,262 128.03
94 17 H. Haild Zeder 8,262 128.03
94 18, 19 Southern Bell Telephone and
& 20. Telegraph Company ...... 2~,786 .... 3~4.10 ....
282,607 $4,379.47*
Adv. Resolution No. 43-65. $ 34.66
Oneman Engineering (Contract) 5,417.68
Assessment Roll (Est) 15.40
Ordinance Caption (Est) ........ 6.6Q ....
$5,474.34
Less 20% ..... 1,094.87 city's share per
ReS. No. 43-65.
* 80% to be ASSESSED .... $4,379.47
OCTOBER 20, 1966.
A regular meeting of the City Council of Delray Beach was held in
the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery in the
Chair, City Manager David M. Gatchel, City Attorney John Ross Adams,
and Councilmen J. LeRoy Croft and James H. Jurney, h~ing present.
1. An opening prayer was delivered by the Rev. Linton Lawrence.
1.a. The Pledge of Allegiance to the Flag of the United States of
America was given.
2. The minutes of the regular Council meeting of October 10th and
special meeting of October 14th, 1966, were unanimously approved, on
motion by Mr. Croft and seconded by Mr. Jurney.
3. There were no public requests from the flooro
4. A roll call showed the following Civic Organizations and represent-
atives to be in attendance:
Breezy Ridge Estates Mr. John Sword
Beach Taxpayers League, Inc. Mr. J. Watson Dunbar
5. There were no public releases.
6.a. Concerning a survey of parcels of land in violation of the City
nuisance laws presented by the City Manager, Mr. Jurney moved that the
City Clerk be authorized to proceed with the enforcement of Chapter 15
of the Code of Ordinances, the motion being seconded by Mr. Croft and
unanimously carried. (Copy of nuisance survey is attached to the
official copy of these minutes.)
6.b. Concerning a request of the students of Seacrest High School for
City participation or representation in their annual publication, THE
NAUTILUS, for the year 1967, and the recommendation that the City sub-
scribe to a half page advertisement in the amount of $25.00 with funds
to cover same being authorized from the General Fund Contingency Ac- -
count, Mayor Avery suggested a motion that the CityManager be autho~
ized to take a half page advertisement in the annual of the Carver High
School as well as in the NautLl~s, the money not to exceed $50.00 to
come from the General Fund Contingency Account. It was so moved by Mr.
~urney, seconded by Mr. Croft and unanimously carried.
~~6.c. Regarding a complaint against a drainage assessment, City Manager
Gatchel reported to Council as follows:
"The original defined drainage area for the proposed improvement,
as published and approved by Council following a public hearing
on the then proposed drainage improvement, was correct, engi-
neering-wise, and wholly defensible.
There were many months between the date of this improvement
being authorized and commencement of the drainage Installation,
during which time a portion of the land involved, and deter-
mined at that time to benefit from such drainage, was improved
upon in such a manner, due to the pitch of the roof, that a /
portion of water fall, which would have normally flowed south
into the drain field area, now flows north into an area exempt
from lands to be assessed for the drainage improvement of 1966. \
Should Council wish to recognize the above changes in land use,
which were not a fact at the origin of the proposed improvement
and, therefore, could not have been anticipated, nor reflected
in the determined benefitted area, though such action I cannot/
recommend, an area of 2400 square feet may be deducted from the
-1- 10-20-66
over-all area robe assessed, and specifically affecting only
Lots 11 and 12, Block 94. The assessed rate for this area, at
the per square foot cost of $0.015497 would provide an adjust-
ment of $37.19 from Mr. Zeder's assessment."
Mayor Avery asked if said money would have to be replaced from the
Contingency Account if this request is granted.
Finance Director Weber explained that it would be taken care of by
an accounting adjustment by reducing the assessments receivable and
reducing the reserve for City's portion of assessment by a like amount.
(Copy of request from Mr. Zeder and copy of Memorandum from the City
Engineer, dated October 17th, 1966, are attached to the official copy
of these minutes.)
During discussion and conunents as to the amount of an adjustment
that should be given to Mr. Zeder, City Attorney Adams commented as
follows: "There is a real delicate legal question here whether you
can forgive an assessment once it has been imposed. The only justi-
fication for it is when you think it's legally indefensible. I would
recommend that you follow the City Engineer's suggestion, and not go
a bit further."
Mr. Jurney moved that Mr. Zeder be given an adjustment on his drain-
age assessment.in the amount of $37.19. The motion was seconded by Mr. /
ft and carried unanimously. ~ J
?.a. City Clerk Worthing informed Council of a petition having been
received seeking reclassification of Lots 21 and 22, Block D, Palm
Beach Shore Acres, from R-1AAA to R-3~ further, that Council mey deny
this request or refer same to the Planning/Zoning Board for a public
hearing to be held thereon, to be followed by the Board's recommenda-
tion to Council. Said request was unanimously referred to the Planning/
Zoning Board, on motion by Mr. Croft and seconded by Mr. Jurney.
?.b. Regarding solicitation of funds within the City, City Clerk
Worthing informed Council that the National Foundation (March of Dimes)
requests permission to solicit funds within the City during the month
of January, 1967, and that the Charitable Solicitations Committee, by
letter, unanimously recommends as follows:
"Since a previous recommendation was made that the Community
Chest be the first drive allowed during any calendar year, the
Committee now recommends that the March of Dimes be granted a
permit to solicit for two weeks in March. Also, since this
agency did not observe the time period assigned to it by the
Council last year and continued their appeal so that it over-
lapped another drive, it is suggested that this permit be grant-
ed with the strict understanding that their entire activity, in-
cluding publicity, mailing and soliciting, be confined to this
two week period in March."
Mr. Croft moved that the Charitable Solicitations Committee recom-
mendation be sustained, the motion being seconded by Mr. Jurney and
unanimously carried.
7.c. The City Clerk informed Council of a request for relocation of an
easement, now located on the North 5 feet of Lot 1, Nassau Park, to the
South 5 feet of the North 57.75 feet of said Lot 1, Nassau Park has
been received~ further, that in view of the property owner's consent to
furnish the City its desired easement over the South 5 feet of her pro-
perty, it is recommended that Resolution No. 40-66, providing for
abandonment of the undesired easement over the North 5 feet of said Lot
1, be adopted.
City Clerk Worthing then presented RESOLUTION NO. 40-66.
DELILAY BEACH NEWS'JOURNAL
PubLished Semi.Weekly
De[ray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
who ma oath says ,that he/st~ is ........... :~' -.-.~~.: .......................... of The Delra~ Beach
News-Journal, a ~rd-weekly newspaper published at J3glmy !}each ia Palra ~B~xa, ch Co/tory, Florida;
in the ............................. JY(,z~/.. ~'/"+ ........ ,~ ............................ Court, was gublished~in2J / said new~paper in
issues of
Affiant further sa~ that t~e said Deb'ay Beach News-Journal is a newspaper published at Delmy
Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been
continuously published in said Pahn Beach County, Florida, each week and has been entered
as second class mail matter at the post office in De]ray Beach. in said Palm Beach County,
Florida, for a period of one year next preceding the first publication of the attached copy of ad-
vertisement; and ~ant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
Sworn to and subscribed before me this ..... ...~- .......... day of. .
NOTARY PUBLIC, STATE ot FLORIDA at LARGE
MY COMMISgION EXPIRES FE~, 21, 1959
Proof of ~Publication
Filed in the Office of Clerk of Circuit Court
.................................................................................. , Clerk
By ............................................................................ , D. C.
Complainant's Solicitor.
DATE : April 8,
TO : M. C. Fleming
FROM : T. E. Weber
SUBJECT: Special Assessment Projects
We have charged costs to complete Special Assessment projects
as itemized below. Please add any other costs that may be
applicable, and we can then process for assessment.
I. Sidewalks, N. Swinton from 8~h Street to 22nd Street,
N.E. 22nd Street from Swlnton to 2nd Avenue
~..E, ~Sth Stre~ from Swinton to 2~d. Avenue
Advertising $ 4&. 20
250 Sq. Ft., wire mesh 5.50
340.25 Cu. Yds. concrete 4~331..4.~1
II. Storm Drainage - Seagate, Section
Advertising
Brockway, Weber & Brockway 2, &51.14
Oneman Engineering, Contract 17. 184.75
III. Storm Drainage - Block 94 (S.E. 4th Ave. & 2nd St.) PLUS-
Advertising $ 34.&6 Ass'm Roll Est.
Oneman Engineering, Contract 5. 417. ~8 $15.40
~5.%52.~4 Ord. Caption
Est. $6.60