Res 43-65 RESOLUTION NO. 43-65.
A RESOLUTION OF THE CITY COUNCIL OP THE CITY
OF DELRAY BEACH, FLORIDA, ORDERING THE CON-
STRUCTION 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
PILE ST S 64-1.
WHEREAS, the City Council of the City of Delray Beach,
Florida, directed the City Manager to prepare plans and specifica-
tions for certain storm drains, and an estimate of cost of such im-
provement to be placed on file in the office of the City Manager.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Delray Beach, Florida, that it is determined to make the
following described improvement, to-wit:
CONSTRUCTION of Storm Sewer 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,
and the installation of necessary catch basins,
man-holes and appurtenances in conjunction with
such storm drains, the estimated cost for which
improvement is '$6,400.00 and Benefited Drain
Field Area determined to be described as follows:
Commence at the Southeast corner of Block 94; thence Westerly along
the South line of Block 94 and continue West along the South line of
Block 86 to point of intersection with the East line of the Florida
East Coast Railway R/W; thence Northeasterly along the East line of
said F.E.C. RR R/W to the point of intersection with the North line
of Block 86; thence Northerly along said East line of the F.E.C.RR
R/W for a distance of 240 feet; thence due East to point of inter-
section with the East R/W line of S. E. 3rd Avenue; thence South-
erly along said East R/W line of S. E. 3rd Avenue to the Northwest
corner of Lot 1, Block 94; thence Easterly along said North line
of Lot 1 and projection thereof to the Northwest corner of Lot 11,
Block 94; thence Southerly along the West line of said Lot 11 to
the Southwest corner thereof; thence Easterly along the South line
of said Lot 11 to the Southeast corner thereof; thence Southerly
along the East line of said Block 94 to P.O.B., being the Southeast
corner of Lot 20 therein.
BE IT FURTHER RESOLVED that the entire cost of such improve-
ment shall be shared by the City of Delray Beach, Florida, and the
following described properties in Delray Beach, Palm Beach County,
Florida, on a basis of Delray Beach paying twenty (20) per cent of
the cost of said improvement and the property owners of said proper-
ties, shown below, paying eighty (80) per cent of the total cost by
Special Assessment.
Be it further understood that there may or may not be addi-
tional charges for future expansion of the said Drainage Program.
Page 2. RESOLUTION NO. 43-65.
BLOCK LQT SQUARE FOOTAGE
85 South 240 feet lying East of Railway 26,400
86 lying East of Railway 99,450
94 1 8,262
94 2 8,262
94 3 8,262
94 4 8,262
94 5 8,262
94 6 and North 24.2 feet of Lot 7. 11,529
94 8,9 & 10 and South 37 feet of Lot 7. 29,560
94 12 8,262
94 13 8,262
94 14 8,262
94 15 8,262
94 16 8,262
94 17 8,262
94 18, 19 & 20. 24,786
said benefits to be determined within the Drain Field area in pro-
portion to the benefits which will accrue to said lands.
AND BE IT FURTHER RESOLVED that said special assessments
against all of the lots and lands as set forth herein, which are
specially benefited, shall be and remain liens superior in dignity
to all other liens, except liens for taxes, until paid, from the
date of the assessment upon the respective lots and parcels of land
assessed, and which shall bear interest at the rate of eight (8)
per cent per annum, and which may be paid in three (3) equal yearly
installments with accrued interest on all deferred payments. Pay-
ments shall be made at the same place that taxes payable to the
City of Delray Beach are paid, namely, at the office of the City
Tax Collector, and upon failure of any property owner to pay any
annual installment due, or any part thereof, or any annual interest
upon deferred payments, the City of Delray Beach may bring neces-
sary legal proceedings by a Bill in Chancery to enforce payment
thereof with all accrued interest, together with all legal costs
incurred, including a reasonable Attorney's fee.. The total amount
of any lien may be paid in full at any time, with interest from
the date of assessment.
IT IS ORDERED that the City Council shall sit at the City
Hall, in the City of Delray Beach, Florida, at 8:00 P.M., on Monday,
September 27th, 1965, for the purpose of hearing objections, if any,
on said proposed improvement, as set forth herein.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida, on this the 2?th day of SeptembeP, 1965.
M A Y 0 R
ATTEST:
, City Qlerk
' $ and North
24.2 feet of
Lot ?.
" 8 9 & 10 ~nd
~)uth 87 feet
-..;
:: II
" :1.8, 1~ &. 10
said benefits to be deterrn~ ~
· in the Drain Field area ln~
~tion to the benefits wh~eh~
l orue to said lands. .
~ll~ at, ~_ . ITsaidFUl~s~~'
~st aiz of the
~l~Jet forth herein, wUll~]
~M~oeneflted) shall be~ll~
B suDeflor In dli, nl~
Bs. ex~e~t Uens ~
H, from the d~te of?fi~dli~
BBIIJSBBiIff upon the
~%,*':", ~/ItW~t~els o! land nssesst~ and
~_~liail bear interest at the rate
~;~(8) Der cent Der annum' and
· . ~' Ina_y be paid In three (3)
~ l~early installments with
~ ~nterbst on all deferred DaY-
J~J~k Payments shall be made at
~[~l~ille D-laCe that taxes payable to
~l~"~J~lY of I)elray Beach are paid.
liMIJIM~, at the office of the City Tax
I~J~r, and upon failure of any
~ owner to l)ay any annual
II.lilY.tent due. or any part thereof,
~t~_4J~l~ annual interest upon deferred
mli~J~nts, the City of Delray Beach
~ll~:~rlns: necessary legal Droceed-
~y a B I 1 1 in Chancery to en-
R payment thereof with all
~ Interest, together with all le-
mm, josts incurred, includtn~ a rea-
IIl~l~le Attorney's" fee. The total'
Jl~l~nt of ,_any Uen may be bald in
~j~lf*~t any time, with interest from
~te hte of assessment.
'l
|Com~ll shall sit at the City Hall. in |
|the City of Delray Beach_, Flori. da.
|at 8:00 P.M.. on Monday. ~eDtemoer
|,'iTth, 19~, fOr the DurDe~ of hearin~
/ob~eotions, If any,onsalon ~M 9r~x~ed |
|improvement. as set forth herein.
/STATE OF-FLORIDA ·
]COUNTY OF PALM BEACH
i C1TY OF DELI?AY BEACH
I, ROBERT D. WORTHIN(L City
Clerk in and for the City of Delray
Beach, Florida. do hereby
the foreao~ to be .a~t~_,e
~DY~ of propose~ zt~.-tJ
' DELRAY BEACH NEWS JOURNAL
Published .~ani. Weekly
Delray Beach, Palm Beach County, Florida
of
PROOF OF PUBLICATION Florida,
an
Before ~e unders~-ned autho~i~.
~ollowo,
who on .iix says lhat he/she is ..~~..~:..~,.. oi The Dell'ay Beach~
that the attached ~op~ o! ad_ji_e!qiseroenL beh~ a/.~.~- .... i.Z~_.~?_.~_...~_..'~....
h~ the ........ ../_-:, .......................... r~ ....... : ................. Court, was publ~hed h~ ssifl newspaper ~ the man-
. ,~ ~ ~? ~ ,.',.~ ,~ ~ t.2..~ ,, ...~' drains,
e de,er.
Affiant r 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 Pahn 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,/or a period o! one year next preceding the first publication o! the attached copy of ad-
vertisement; and affiant 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-
tisement for publication i~ the said newspaper. , .~