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Ord 198-37 ORDINANCE NO. AN ORDIN~NCE COi'~'F!t~'.~;'II'IG AND E~UALIZING ASSESS?ii'NfS FOR THE FILLI}~G, GEADI~G ~ND P~VINC 0i.' }~NDRE~'S STREilT, LOi~RY STREET ~-~ND SE~BRi~i]~32~E i~VEi~UE AND LE~II~}O SPECIAL I~.'{PROVE}?i~'NT ASSESS- ~.z~,.:,~,~ ~OLL FOE~ SAID ~PECIAL I~".PROVE- ~.~'[~Di~;~ THa. T I ~il ~..HiN THE ~' ' ~'~'~" ~' ' ,'~SSESSi~-TEI'~S TO BE LEVIED SHALL BE A LI?.i'~' ASSESST~?]~, UPON THE RESPECTIVI LOTS DE~Ci{IBED ~fENT ROLL ~ND SET FORTH HEREI?i; THi;, i~,iNNER IN V.RIC~ S~ID ~.SSESS- ~!ENTS ~EE TO Bt;~ COLL~ED AND PROVIDIi'~G FOR THE ISSU~LNCE OF UPECIs~L CERTIFIC~.TLS OF INDEBTEDNES~ FOE TE~ M~iOUNTS SO ~SSESSED AG~Ii'TST TH~ .~LSSESS~.B~E PROPERTY ~LND PROViDIi'~U TH~,T THE CITY ~,~[~Y TR~NSFER ~ND DELIVER S~ID SPECIAL CEi~T!FIC~TES OF INDEBTED- NES~2 TO THE CONTRA~OI~, CITY EI'~GIN'E!~I', ~ND CITY ~_TTORi{EE IN PAY[~'!~NT OF SAID SPECIAL ~,~HER~'4~.S, an assessment roll covering the cost of cer- tain street improvements was duly prepared by the City En~ineer i~] accordance with a resolution adopted b~ the City Council cf the City of Delray Beach, aggregating ¢]~20,[~89.~, and said assessment roll. was duly published in the Delray Beach News, a newspaper published and circulated i~% ti~e City of Delray Beach on September 17th and 24th, 1937, and attached to said assessment roll was a notice reciting that the City Co~cil would sit to hear complaints and as a boa.rd of e{',uali~ation at the City Hall on October 4, 1937, at 7:~0 o~clock P. ~'i. snd for the further purpose of adjusting and e~'uali ing any of the assess ments as were fo~d to be wrong and ~equal; and ~qEREAS, the City Council met at the time and place mentioned in said notice, to-wit: on the 4th day of October, 19Z?, at the City Hall at ?:~© o'clock P. N., and did hear all complaints and protests which were filed on said date, and did adjourn said meeting until November l, 19~? at ?:~G o'clock P. Ni. st the City Hall, and did hear any and all complaints filed before it at that meeting, and did adjourn further said meeting for the purpose of he~ring complaints until Novembe~~ 8, l~?, at 9:30 o'clock P. ~., at which time and place, the City Council considered all protests and written complaints which were filed against the assessment roll as published for the street improve- ments on Andrews Street, Lowry Street and Seabreeze Avenue; there were numerous protests against the assessments for the street improvements on Andrews Street, all of said protests were read, heard and discussed, however, the City ~ouncil after c~re- ful consideration of each protest, decided that said protests were not sufficient, and that the assessments for the street i~provement on Andre~s Street was done in strict conformity to the Charter ~ct of the City of Delray Beach, ~nd that all necessary notices and work had been done strictly in ac- cordance with law, and that all of said protests were disallowed; That no person or persons appeared to object, complain or protest against any of the assessments as published for the street improvements on Lowry Street and Seabreeze Avenue; that sai~ assessment roll for the street improvements on Andrews Street, Lowry Street and Seabreeze Avenue, as published, was found to be correct, and the assessments e~ual and just, and in the aggregate amount of ~0,P8~.~0; N0~4 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAT 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 September 17th and ~4tt~, 19~7, a copy of said assessment roll together ~itn the proof of publica- tion 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, valiC c~nd binding liens upon the property against which said assessments are made until paid, in accordance with the Charter act of the City of Delray Beac~, and the laws of Florida thereto appertain- ing. SECTION ~. That the cost of filling, grading and paving Andrews Street, Lowry Street and Seabreeze Avenue in said City, within the following described limits, to-wit: Filling and grading for a width of fifty feet and paving for a width of twenty feet: ~i~DRE~S STREET, from ~arket Street south to the intersection of Lowry Street; Filling and grading for a width of fifty- four feet and paving for a width of twenty feet: LOWRY STREET, from the intersection of Rndrews Street west to right-of-way of Florida East Coast Canal; Filling and grading for a width of fifty feet and paving for a width of twenty feet: SEABREEZE AVENUE, from Atlantic ~venue on the south to Lowry Street, on the north; 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 filling, grading and paving of said Andrews Street, Lowry Street and Seabreeze ~venue within the limits aforesaid. SECTION Z. That the following assessments be, and the same are hereby made and levied ~gainst each of the following named lots or ~rcels of lana ~butting upon said streets and avenue, said lots or parcels being specifically benefited by said improvement in the amounts assessed, said descriptions being with reference to lots, tracts and blocks, in the City of Delray Beach, Florida, to-wit: From Lowry Street to Market Street Assess- Total Subdivision and Lot Feet ment per Amount of Block Number No. Front foot ~ssessment. FractiorgE~- of Sec. 16, Twp. 46 S. ~ge. 43 E., Plat Book 1, page ~5 S~i~ 163 less S. 17 ft,~/~,~14.~7 ~$~.35968 ~1,055.85 N~-163 ~ ~ ~w-~,~ '331.~7 3.35968 1,112.96 S~ 16~ _ ~ ~,f~-~-,,~ ~65.63 3.3596S 556 N 3/4 162 ~~'.~'~t 496.91 3.35968 1,669.46 S~ 161 ~ ~ ~, f.-,~,-,~,-~ 3~1.~7 3.S5968 1,112.96 N~- 161 -~%,~ ~.,~,~3ol.27 3.35968 1,112.~6~ ANDREWS STRE~T ( EAST SIDE) From Lowry Street to Market Street Assess- Total Subdivision and Lot Feet ment per ~mo~t of Block N~ber No. Front foot Assessment. Fractional E~ of Sec. 16, Twp. ~ S., Rge. 43 E., Plat Book l, page 25 Beach Lots--S. 27.62 ft. Lot 12 27.62 $3.35968 aW~,~ ~ 92.75 Beach Lots--S. 112.5 ft. of N. 1~.5 ft. of Beach Lots--N. 30 ft. ~ .... ~,u~ Lot 12 30.00 3. k~o~o ~ a~,~,~ ~00.79 Bea~ch Lots--Lot 11, Ex. N. 100ft. ~0.50 3.35968 " 236.86 Beach Lots--S. 50' of N. 100 ft. Lot 11 50.00 3.35968S,~ ~'~~67.98 Beach Lots--N. 50 ft. of ft. Lot zz 5o.oo s. _ 556[03 Beach Lots--Lot lO 165.50 Beach Lots--Lot 9 165.50 3.55968m~,~ ~*~,-~,L56.03 Beach Lots--Lot 8 165.50 3.35968Po~% ~,~ ~',7 556.03 Beach Lots--S. 5.Sft. Lot 7 5.50 ,~ 3.35968{~,~,,,~- ~1. 18.48 Beach Lots--N. 60 ft. of S. 65.5 ft. 7 60.0',~ 3.35968q~¥,Jt~%,--?-~,~,201.58 Beach Lots--N. 100 ft. Lot 7 100.00 3.35968[~,~ %~-4~ 335.97 Vlsta Del Mar Plat Book 13, P. 21, Lot 15 135.00 3.35968%c ~-,k~-,i~;k 45~.~ Vlsta Del Mar Plat Sook 13, P. 21, Lot 14 135.00 3.35968'g <"~ :~-~, ~,, ;,~%453.56 ANDRE¥~,S STREET (E~.ST SIDE) CONT'D. \ ~k° ~Y Subdivision Feet ~ssess- Total and Block Number Lot No. Front ment .Der Amount of foot As se s sment. ii Fract. E~. Sec. 16, Plat Book l, P. ~5 Beach Lots--~.~. 250 ft. Lot 4, less S. 10 ft. 150.50 ¥3.3596a~,~',~,15 505.63 Beach Lots--S. 70.ft Lot 3 ~70.50 3.35968~.~,~,~,~ 236.86' Beach Lots--N. 100 ft. Lot 3 100.00 3.35968~.~-~,-~ a~,~--~ 335.97 Beach Lots--Lot ~ 165.50 3.35968~,~ ~4i~.~ 556.03 Beach Lots--Lot 1 165.50 3.35968 ~ '" 556.03-._~: L0~','RY STREET (From Andre~'s Street to Canal) Assess- Total Subdivision Feet ment per remount of and Block Number Lot No. Front foot assessment. Fract. E½ Sec. l$, Twp. i, 46 S. Rge. 43 E., i! Plat Book 1, page ~:~ Block 163, less E. 17 ft. 320.00 $2.5438687¢~,~,, 815.31 S~f Block 155 337.50 215438687 858.56 I1 S~ Block 147 ~i~.~, :~ ~ 337.50 2.5438687 858.56 :~ E. 25 ft. of S~ Block 139 25.00 2.5438687 63.60 !i N~ Block 164, less E. 10 ft. 327.56 2.5438687~.~,'~..~i%~ 833.02 ! Seabreeze Park ~,ii Plat Book 4, Page 31 Lot ii 18 14~. 18 2. 5438687 ,!~b~~ ~.~ 366.77 Seabreeze Park, Plat Book !1 4, Page 31, Lot 17 144.18 ~.5438687~ ,. 366.77 !! S., Rge. 43 E., Plat ii Book 1, page ~'5. ii N~ Block 148 3~6.46 ~.5438687~,~,~55.91 ii E. £5 ft. N~ Block 140 25.00 2.5458687 al.rt~,~ 63.60- SEabREEZE AVENUE (From Atlantic avenue to Lowry Street)~ Assess- Total Subdivision and Feet ment per Amount Block Number Lot No. Front foot Assessment. Seabreeze Park, Plat Book 4, Page 31, Lot 3, Block 156 135.00 ~1.6551544 ~_~,,~ ~23.45 Seabreeze Park, Plat Book 4, P~a. ge 31, Block 156, Lot 7 50.00 1.6551544 82.76 Seabreeze Park, Plat Book 4, Page 31, Block -6- 156, Lot 8 50.0C 1.6551544 82.76 SEABRrJ~2,E =V~NUE -- C01'~ ' D. Assess- Total Subdivision Feet ment Amount and Block Number Lot No. Front per foots A~sessment Seabreeze Park, Block 156, Plat Book 4, Page 31, Lot 9 50.00 $1.6551544 ' Seabreeze Park, Block 156, ! Plat Book 4, Page 31, Seabreeze Park, Block 156, Plat Book 4, Page 31, Lot 11 45.00 1.6551544 Seabreeze Park, Block 156, Plat Book 4, Page 31, Lot 12 45.00 1.6551544 F.,~,!( 74.48 Seabreeze Park, Block 156, Plat Book 4, Page 31, Lot 13 45.00 1.6551544 Seabreeze Park, Block 156, Plat Book 4, Page 31, Lot 14 45.00 1.6551544 E~v'.k 74.48. Seabreeze Park, Block 156, Plat Book 4, Page 31, Lot 15 45.00 1.6551544 ?~ ~k 74.48 Seabreeze Park, Block 156, Plat Book 4, Page 31, Lot 16 45.00 1.6551544 '" ,,~ 74.48 Seabreeze Park, Block 156, Plat Book 4, Page 31, , Lot 17 less N. 17 ft. 30.62 1.6551544 2~,,~' 50.68 !I Seabreeze Park, Block 156, Plat Book 4, Page 31, Seabreeze Park, Block 156, i, Plat Book 4, Page 31, I Lot 19 45.00 1.6551544 ~eabreeze Park, Block 156, Plat Book 4, Page 31, Lot £0 45.00 1.6551544 Seabreeze Park, Block 156, Plat Book 4, Page 31, Lot ~1 45.00 1.6551544 iY~, ~.. 74.48 Seabreeze Park, Block 156, P!s.t Dook 4, Page 31, Lot 22 45.00 1.6551544 ~,.~ 74.48 Seabreeze Park, Block 156, Plat Book 4, Page 31, Lot ~3 45.00 1.6551544 ~.'~- Seabreeze Park, Block 156, Plat Book 4, Page 31, Lot ~4 45.00 1.6551544 Seabreeze Park, Block 156, Plat Book 4, Page 31, Lot 25 50.00 1.6551544 See. breeze Park, Block 156, Plat Book 4, Page 31, Lot 26 50.00 1.6551544 / 82.76 e Seabreeze Park, Block 156, Plat Book 4, Page 31, Lot 27 50.00 1.6551544 · ~ 82.76 " Seabreeze Park, Block 156, Plat Book 4, Page 31, Lot 28 50.00 1.6551544[~,w Seabreeze Park, Block 156, -7- Plat Book 4, page 31, SECTION 4. That each of said assessments be payable in ~%t ten equal annual installments, payable on the 15th day of Decem- ber in each and every year from the 15th day of December, 1938, to the 15th day of December, 1947, both inclusive, together with interest at the rate of eight per cent. per annum from date, provided, however, that the owner of any property assessed shall have the right to pay said assessment in full, together wit~ accrued interest, at any time. SECTION 5. That said special assessment shall be a lien from the 15th day of December, 1937, the date of the 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 shall be collected in the same manner, and with the same penalties, and under the same provisions, as to sale and forfeiture of City taxes are co!lect~ble, provided, said assessments may be collected in any ot~er manner anm ~.~ any other method as may be provided in the Charter ~ct of the City of Delray Beach. 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 des- cription of the land, and the amount of the assessment, together iwith the general nature of the improvement for which the said ass- ilessment is made. SECTION 7. The City Council is hereby authorized to deliver said certificates of indebtedness to tl~e Contractor, City Engineer and City Attorney in such amounts as to pay said -8- parties for the amounts due each of them for said special improve~t~. ~irst rea<'~ing the 5th ,'.lay of November, 1957. Second and final,reading and -passage this the 2~na day~ of i~ovember, . ~I ?resident of the ~om~cil. "~ooroved: attested: Civy Clerk. Book 4 ~i~ing ordinance conlirming and ~ualr . assessmen~ for ,the fillip, grad- ing and pang of A~ews Street, ~wry S~t and Seabr~ze Avenue .' and levyi~ speci~ improvement as- ses~ents as ~own' by the assessment ~ roll for said special improv~ents;; pro- ~viding the method said' special assess-  ments shall be ~de,' the time when h~ ~me-shall ~me payable; th~ s~[d assessments to ~ levied shall .be' a lien from the date of the ~sessment upon the respective lo~ deseri~ on .~ a~me~t roll-and ~th here- in; ~e m~n~ in ~c~'~id a~- men~ em to ~ collated ~ provid- __ _ ~ for~'the ~nce~of $~al e~tift~ ~t~ ~ ~e~ for ~e amounts so a~ a~t ~e ~ble p~p- ' ...... erty and p~y~i~ ~ the ci~ may transfer and deliver said s~cial cer- 'tificates of ~debt~ess ~ the con- tractor, city e~r a~ city attor- ~t of ~i~.~ial ~e a~ve ore.rice M pub~hed~ ~b~ caption only, ~py of ~e, in full,: ~ei~ on file at the City ~erk's Of- rice for insp~cfi0n of ~ter~d prop- erty o~e~.. ~ was pass~ by the '~ty Council:.~'-'r~ul~ meeting sitting ~r .~nd. ' CI~ C~R~" ~ W. CR~.