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Ord G-86(22-49) ORDINANCE NO. G- 86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BM THE CITY ENGINEER OF SAID CITY, CONCERNING THE IMPROVE- MENT BY THE CONSTRUCTION OF STORM DRAINS ON S. E. FOURTH AVENUE, FROM THE A~J.EY SOUTH OF ATLANTIC AVENUE TO S. E. FIRST STREET, AND EAST ON S. E. FI2ST STREET TO THE FEDERAL HIGHWAY, AND THE IN- STALLATION OF NINE NECESSARY CATCH BASINS IN CON- JUNCTION WITH SUCH STORM DRAINS, WHEREAS, the City Engineer 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 cost and the assessment roll for the construction of s~orm drains on S. E. ~th Avenue, from the alley south of Atlantic Avenue to S. E. First Street, and east on S. E. First Street to the Federal Highway, and the installation of nine necessary catch basins in conjunction with such storm drains, and ,WHEREAS, said report and assessment roll were approved by the 'City Council in regular aession on the 18th day of October, A. D., 19~9, 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 to said assessment roll, and WHEREAS, such objections as were heard were deemed insufficient by the City Council of the City of Delray Beach, Florida, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION l: The assessments, as shown by said assessment roll, which is annexed hereto and made a part hereof, are hereby levied against the property shown and in amounts shown on said assessment roll, said assessments to be paid in ten equal annual installments, together with interest at the rate of 8% per annum, the first installment becoming due and payable on November 8th, 1949, and on the 8th day 9f~ Nowembeh for the next ensuing nine years; and said special assessment so levied shall be a lien from the date the assess- ment becomes 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 lien for general City taxes, and shall be collectable in the same manner and with the same penalties and under the same pro- visions as to sale and forfeiture as City taxes are collectable. PASSED in Regular Session on second and final reading on this the 8th day of November, A. D., 1949. presi~'~nt 2 City Counc~i- ' APP ROVED: ATTEST: /L~ ~%, ~ City Cle~ 1st Reading - October 25, 1949~ 2nd Reading - November 8th, 1949. ASSESSMENT ROLL Cor~str~.~ct!o~ of Stor~.. Drains on S. E. Fourth. Ave~oe, from the al. Icy so~th of Atlantic Avenue to S. E. First Street, and east on S. E. First Street to the Federa]~ Highway, and the installation of nine necessary catch basins im conjunction with s~ch Storm Dralrs. Des cription Owner Front Assessment Total _Footage Per Ft. Assessment Lot 3, Block 93 "6, "93 El~se M. Byrd ~2, " 94.83 "8, " 93 " ' " 94.83 "9, " 93 Frank H. & Rena F. Seely ~2 ' " 93 Dr. "10, " 93 Louisa Bettcher 2~' " 5 2~ " ll, .. _ "~2, " 93 " ~' " " "13, 2~' 5 ..21 "~4, " 93 " " 93 Lacy T. Love 2~' " 5 ..21 "15, "93 " ~', " ~ ..21 "~6, "93 " " ~ ..2~ "17, " 93 Felice P James ~' " % 21 " 18, . "19, " 93 " Lot 11 Block 94 J.A. Zeder 61.2' " 138.17 ~. 38.~' of Lot 12, Bloc~ 94 " 38.8, " 87. Lot 1, Block 101 A. George 1~0' " 316.0% 1 .~ City of De!ray Beach " " 9, " ~. 20' of Lot lO, Block 10! Charles J. Wick, II 20' " 4~.14 S. ~.03' of Lot lO, Block 10] Joh~ ~. Kabler, Jr. ~.03' " 90.~ Lot 1], Block 101 " b4.0], " 1~.56 " 12, " 101 Ra~ond C. & GertruUe M. McFadden 64.03' " 1~.56 " 13, " 101 L. L. Croft, M. T. Davis and H. S. ~ Trustees of ~$~rle, Carpenter's Union ~99.03' " ~9.25 ~192~ Lot 20,, Block 101 Alfred B. Gawler 199.03' 2.257 So~ 35.97' of Lot 19, Block lO1 " 35.97' " 81.22 Lot l, Block 102 E~rt~-~~~ 196o2' " 442.86 N. 38.8' of ~ot 2, Block 102 O.D. Priest, Sr. a~d Thel~a A. Priest 38.8' " 87.6] Lot ll ~lock i02 A. Elizabeth Arnold 196.2' " N. 38.~' of ~ot 12, B2. ock 102' " 38.8 ' " So. 35.97' of Lot 13, Block 109 Nary R. Love 35.9?' " 81.22 Lot l~,.Block 109 " 199.03 ' " 1~.9. So. 13.~' of Lot 23, Block 109 Gladys C. Howard 13.6' " 30.?..~ Lot 1, Block 110 Mabel L. Brown 196.2' " N. 38.8' of Lot 2, Block ll0 " ~8.8' " 87.61 Lot ll, Block ll0 Eldo~ B. & Naurieta G. Nichols 196.2' " ~2.86 N. 38.8' of Lot 12, Block 110 " 38.~' " 87.61 TOTAL ,056.41, $ 6,899.97 Res. 727 - March 8th, 19495 Authorized the City Engineer to submit plans, specifications, and estimates of cost of improvement by the construction of a Storm Drain on S.E. 4th Ave, FR0~ East Atlantic Ave to S.E. 1st Street and extending Eastward on 8E 1st Street to the ~W~deral Highway. Assessment Roll was ADVERTISED Oct. 14th & 21st, 1949 - Proof of Publications COUNCIL lO/2 /4 Proof of Publication of NOTICE calling for objections to be presented on October 25th, 1949 regarding the ASSESSMENTS for this pro- Ject constructed on S.E. 4th Avenue FROM the Alley south of Atlantic Avenue to S.E. 1st Street, and thence East on S.E. 1st Street to the Federal H'wly., was filed. BEARING was then held and Objections, if any, were called for. Considerable controversy then followed relative to assessment of property owned by A. George & described as follows Lot 3 Block 93 140 feet Lot 1 " 101 140 " SEE EXCERPTS ATTACHED MOTION was made by Councilman Brannon that the Ordinance No, C.-86, be placed on first reading. Motion seconded by 0ouncilme- Kabler, and upon call of ro].l carried unanimously. COUNCIL M TING WHEREAS Objections heard being deemed insufficien% by the City Council THEREFORE Be it ord .... as follows SECTION 1.' Assessments, as shown by said assessment roll, which is annexed hereto and made a part of hereof, are hereby levie~ against, etc. PASSED in Regular Session on Second & Final Reading on this 8th day of Nov 1949. Affidavit of Pubhca,ion DELRAY BEACH NEWS Published Semi.weekly Delray Beach, Palm Beach Counfy, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared William K. ~orrison who on oath says that __~g_ ' of the Delray Beach News, a semi-weekly newspaper published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertisement, being a ~2dinance G85 :~ ORm~cr xo. AN ORDINANCE OF T~E CITY COUNCIL ........................................................................................ o~ mu~ c[m~ Or. in the matter of C i ~y 0~ Dolfay~0a0h F~RIDA..LEVYING M~NTS AS S~OWN BY ........................................................... ~ENT aO~ Sra~[~rD ................................................................................. sTRUCTION DP' BT~ D~ ON E. DURTH AVENUE, ~0~ L~Y SOUT~ ~F AT~NTIC ~UE TO .................................................................................. ~ S. E. FIRST S~T, AND S. rm~ STR~...~ ~E ~DEML ~ HIGHWAY, AN~ :: ~ INSTAZ~TION in the Court, 0P NINE NEC~EY CA~H BASINS ............................................................ ~N CON~UN~m~.~ SU~ STO~ DRAINS. was published in said newspaper in the issues of The above Ordlm~ace l~ mublSh~ by caption only. ~p~ of same is on file in ~ovomber ~0~ ~949 tho C~t~ C~*,k'~ Om*o fo~ ~V~t~o~ of .................................................................................... interest~ ~rsons. This ~din~nce Bassed~ by tho CityCouncil at ~ meeting held November 8th, 1949. ......................................................................................... RU~ R. S~TH City Clerk. Publish November 10th, 1949. Affiant further says that the said Delray Beach News is a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that ~e said newspaper has hm-etofore been con- tinuously 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, Flor- ida, for a period of one year next preceding the first publication of the attached copy qf adver- tisement; and affiant further says that ~_ has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement ~r publication in~e said newspaper. . Sworn to and subscribed before me thm__~_ __ (S~) g No~ Public fay commit~[cn exp;res July 27,