Ord 239-38 ORDINANCE NO.
AN ORDINANCE CONFIRMING AND EQUALIZING ASSESSMENTS FOR THE GRADING
AND PAVING OF SOIPIIIEAST SEVENTH AVENUE IN THE CITY OF DELRAY BEACH,
FLORIDA, BEGINNING 175 FEET SOUTH OF THE SOUTH PROPERTY LINE OF
SOUTHEAST THIRD STREET AND EXTENDING TO A POINT 854 FEET SOUTH OF
THE SOUTH PROPERTY LINE OF SOUTHEAST THIRD STREET AND LEVYING
SPECIAL IMPROVEMENT ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL FOR
SAID SPECIAL IMPROVEMENTS; PROVIDING THE METHOD SAID SPECIAL ASSESS-
~S S~T.T. BE MADE; THE TIME ~N THE SAME SHALL BECOME PAYABT.W~;
THAT SAID ASSESSMENTS TO BE _LEVIED SHALL BE A LIEN FROM TEE DATE OF
THE ASSESSMENT UPON THE RESPECTIVE LOTS DESCRIBED IN SAID ~SSESSMENT
ROLL AND SET FORTH HEREIN; THE MANNER IN WHICH SAID ASSESSMENTS ARE
TO BE COLLECTED AND PROVIDING FOR THE ISSUANCE OF SPECIAL CERTIFICATES
OF INDEBTEDNESS FOR THE AMOUNT SO ASSESSED AGAINST THE ASSESSABLE
PROPERTY AND PROVIDING THAT THE CITY MAY TRANSFER AND DELIVER A
PORTION OF SAID SPECIAL CERTIFICATES OF INDEBTEDNESS TO THE CONTRACTOR
IN PAYMENT OF SAID SPECIAL IMPR0~S.
WHEREAS, an assessment roll covering the cost of certain
street improvements was duly prepared by the City Engineer in accord-
ance with a resolution adopted by the City Council of the City of
Delray Beach, Florida aggregating Nine Hundred Ninety-five and
65/100 ($99§.65) Dollars and said assessment roll was duly published
in the Delray Beach News, a newspaper published and circulated in the
City of Delray Beach, Florida, on August 12th, 19th and 26th, 1938,
and attached to said assessment roll was a notice reciting that the
City Council would sit to hear complaints and as a Board of Equaliza-
tion on September 12th, 1938, at 7:30 o'clock P. M. and, whereas,
the City Council met at the time mentioned in said notice, to-wit,
on the 12th day of September, 1938, at the City Hall at 7:30 o'clock
P. M., and, whereas, no person or persons appeared to object, complain
or protest against any of the assessments as published, for the street
improvements on Southeast Seventh Avenue and the said assessment roll
for said street fmprovements, as published, was found to be correct
and the assessments equal and just and in the aggregate amount of
Nine Hundred Ninety-five and 65/100 ($995.68) Dollars,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA:
SECTION 1. That the aforesaid assessments, as set forth
in the Engineer's report and the assessment roll, and published in
the Delray Beach News on August 12th, 10th and 26th, 1938, a copy of
said assessment roll, together with the proof of publication being
on file in the City Clerk's office, be and the same are hereby
ratified, approved and confirmed, and that said assessments shall
be and remain legal, valid and binding liens upon the property
against which said assessments are made until paid in accordance
with the charter of the City of Delray Beach, Florida, and the laws
of the State of Florida thereto appertaining.
SECTION E. That the cost of grading and paving Southeast
Seventh Avenue from a point of beginning 175 feet South of the South
property line of Southeast Third Street extending to a point 554 feet
South of the South property line of Southeast Third Street, be and
the same is assessed against the property abutting thereon and the
City of Delray Beach have a lien against each lot or parcel of land
for the grading and paving of said Southeast Seventh Avenue, as above
described.
SECTION 3. That the following assessments be and the same
are hereby made and levied against each of the following named lots
or parcels of land abutting upon said street; said lots or parcels
being specifically benefited by said improvement in the amounts
assessed and said description being with reference to lots, tracts
&nd blocks in the City of Delray Beach, Florida, to-wit:
Subdivision and Lot Number. Foot Assessment Total Amt.
Block Number. Fron_ta~e. Per Foot. Assessment.
Blank-Nichols N~of Lot 21,
Subdivision All of Lots
Nh Block lEO 20 and 19. 137.0' $ 1.3137 $ 179.98
Block 1ES S~ of Lot 4,
All of Lots
and 6 137.10' " 180.11
Block 1E0 N. 87.5' of
S~ of E. 135' 87.5'
E. 14B~of S. ~0'
of N. 177.5' of
S~ ~0.0'
S~ Less N.
PASSED on second and final reading, this the I..~-~. day
of
1938.
President o f~fio ~1.
Attested:
Mayo~ '
F/_NAL BILL OF EXl~ENSE INCURRED ON SEVEn, TH AVE
I~PROV~MENT & PAVING ABUTTING ON BLOCEB 120
', ?5?.9 yds paving by Contractor $ 1.19 901.90
Oiling cost deducted 75.80
82e :ie' '
Less. payment.s made to contractor
on aoove wor~ __ ...
Boykin 20 0. cO
Andrews 114.95 314,95: _
$511.15
The abowe amount to be settled with
contractor as follows:
Thcs Boykin due to ~o~ certificates 36.46
Mike Blank's cer$ificatew .
assume~ ey con~rac~or ~0.0~
To be paid by City to contractor ~
BOOK,4,
~n~rming
come asseSSments to
:be levied
Subdivision and Foot Assessment Total Amt.
Block Number. Lot Number. Frontage. Per Foot. of Assessmen~.~..
~, ~'~r~. ~i, ., .~ Total carried forward $ 677.87
Block128 N~'1~87~5' ~f S~ 87.5' $ 1-3137 $ 114.95
S. 90'of N. 177.5'
of S~ 90.0' ~ ~,~ ~ ~ 118.23
S~, less N. 177.5'
and S. 70' 64.4' ~' ~ ...... ~" ~ .~';~,~ ~ 84.60
Total improvement cost.. $ 995.65
SECTION 4. That each of said assessments be payable in ten
(10)equal annual installments paYable on the 1st day of November in
each and every year from the 1st day of November, 1939, to the 1st day
of November, 1948, both inclusive, together with interest at the rate
of eight percent (8%) per annum from date, provided, however, that the
owner of any property assessed shall have the right to pay said assess-
ment in full, together with accrued interest, at any time.
SECTION 5. That said special assessments shall be a lien
from the 8th day of August, A. D. 1938, the date of assessment, upon
the respective lots and parcels of land described herein and shall be
of the same nature and to the same extent as the lien for City taxes
and sh~all be collected in the same manner and with the same promptness
and under the same provisions as to sale and forfeiture as City taxes
are collectable, provided said assessments may be collected in any
other manner and by any other method as may be provided by the charter
of the City of Delray Beach, Florida.
SECTION 6. The City Council is hereby authorized to issue
certificates of indebtedness for the amounts so assessed against the
assessable property and separate certificates shall be issued against
each tract of land assessed containing a description of the land and
the amount of the assessment, together with the general nature of the
improvement for which the said assessment is made.
SECTION 7. The City Council is hereby authorized to deliver
a sufficient number of said certificates of indebtedness to the con-
tractor performing said work in such amounts as to pay said contractor
for the amount due him for said special improvements.
PASSED on first reading, this the 12th day of September,
1938.