Res 1405-62 RESOLUTION NO.lh05
A RESOLUTION OF THE CITY COUNCIL OP THE CITY
OF DELRAY BEACH, FLORIDA, ORDERING THE OPEN.
ING, GRADING AND PAVING OF THE NORTH-SOUTH
ALLEY IN BLOCK 73 PLAT BOOK 12, PKGE 62~.LESS
TIlE NORTH 143~ FEET THEREOF TO A WIDTH OF
SIXTEEN (16) FEET.
WHEREAS, the City Council of the ~Clty of Delray Beach,
Florida, did, on the 9th day of July, 1962 adopt Resolution No.
].404 ordering the City Manager to prepare plans and specific.''
ations, together with estimate of cost of opening, 6fading a~d
paving the North-South Alley in Block 73, less the North lh3~
feet thereof to a width of sixteen (16) feet, and requiring
said plans, s~ecifications and estimate of cost of such Lmp~ove-
ment to be placed on file in the Office of the City Manager,. and
WITEREAS, the City Council deems it to be necessary for
the safety and convenience of the public to open, grade and pave
said public right-of-way,
NOW, TMEREFOEE, BE IT R~SOLVF~ by the City Council of
the City of Delray Beach, Florida, that it is determined to
make the following described improvement, to-wit;
To Open, Grade and Pave the North-South
Alley in Block 73, less the North 14~}
feet thereof to a width of Sixteen
feet, the total cost, as estimated, for
ouch improvement being $~,500.00.
BE IT FURTBE~ RESOLVED that the entire cost of such
improvement shall be shared by the City of Delray Beach, Florida,
and the following described properties in Delray Beach, Palm
Beach County, Florida, on a basis of the City of Delray Beach
paying forty (40) per cent of the cost of said improvement and
the abutti.n$ property owners, said properties sho~ below~ Day-
lng sixty (60) per cent of said total cost, by special assessment.
BLOCK LOT
Block 73 South 36' of lot 3,all of
Lots 4~5,6,7,8,9,10, 11,12,
13,14,15,16,17,18,19,20 &
South 29~ of Lot 21.
Block 73 North 29~ of Lot 21 & South
36~ of Lot 22.
said benefits to be determined and prorated according to the
front footage of the respective properties as set forth immedi-
ately above.
BE IT FURTHER RESOLVED that said special assessments
against all the parcels of lands as set forth above 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 Der annum, and which may be paid on
three (3) equal yearly installments with accrued interest on
all deferred payments. Payment shall be made at the same place
that taxes payable to the City of De,ray Beach, Florida, are
paid, namely the office of the City Tax Collector, and upon
failure of any property owner to pay the annual installment due,
or any part thereof, or any annual interest upon deferred pay-
ments, the City of Delray Beach may bring necessary legal pro-
ceedings by a Bill in Chancery to enforce payment thereof with
all accrued interest, together with all legal cost 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 C~ty Council shall sit at the
City Hal!. in the City of Delray Beach, Florida, at 8:00 P.M.,
on the 232d day of July, 1962~ for the purpose of hearing
objections, if auy~ on said proposed improvement, as set forth
above.
PAssED AND ADOPTED by the City Council of the City of
Delray Beach, Florida, on this the 9th day of July, 1952.
ATTEST:
July 24, 1962
MEMORA~rDUM
To: City Hanage~
Subject: Improvement of alley in Block 73 - Hesolution 1406
Confir~ing ~y verbal statement to t~e Council during the
meeting of July 23, 1962, prior to their voting, on s,~bJect
~esolution, test borin~_:s were ~ade on t~at portion of the
subject alley which has alrea~ been paved by Mr. Hagge~t
to dete~ine if such paving met the city ~pecification~.
W~ile city specifications require ~" of ~c~ ~nd l" of
asphaltic concrete~ t:~e test borin~s showed as follow~:
>~oring #l -5" rock 7/8" asphalt
~o ri ng ~ 2 ~ ~'' "
- 3/k"
L:3 - 6" %18"
T~e sub-standard pave~ent~ ~eferred to above, includes a
length of app~ximately 101' sout~ of t~e post office
p~p erty.
Resolution #1406, requires t~at t~%is portion, airea~
paved, be re-paved to city standards. Inasmuch as it is not
leg~ b~at any actual co]mtruction work be performed on an
~sessed job prior to t:e proper passage of the resolution,
would it not be advisable that t?~is resolution be re-written
to eli:~inate this 101' prior to the awardi~ of bids.
Mark C. F1 ~ing
MCF:mm Director of Public WorKs
cc: City Clerk
Affidavit of Publication
THE DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach County, Florida
~d~, 0f'$ullP. '
STATE OF FLOPdDA
COUNTY OF PALM B~CH
Before the~signed authority~~l~
~ '" ' ......... ~ ..... Flor~. ~hat it
of the Delray Beach
'News-Journal, a weekly newspaper published at ~ ~orth-
th$
Delray Beach in Palm Beach County. ~orida; that
c~t
the~~ent, being a ..... for ~
~TH~
, / o,
in the matter of . of ~ ~ Delray;
in the CouP,
was~blish~ in said newspaper in the issue (s)
[~fian~rther says that the said Delra7 Beach
~ews-Jo~nal is a newspaper published at Delray
Beach, in said Palm Beach County, Florida, and
t~at the said newspaper has heretofore been eon-
tinuously published in sa~d Palm Beach County,
~lorida, each Thu~da7 and has been entered as
second class mail matter at the post office in
Delra7 Beach, in said Palm Beach County, Flor-
of
ida, for a period of one year next preceding t~e
first publication of the att,ached copy 9~
~sement; and affiant fu~her say,s that .............-~
has neither paid nor promise~ any person, firm
or co.ration any discount~ ~e~te. commission
or refund for the purpose O~eeuring this
ad~-
tisement for pu~~
~-~ '~ to r
Sworn cribed before me this ~.~
(SE~) '//-- ~-Notar~ Pfblic -
N{ta~ ~ic, State of Florida at Large '~] '" a,]] '
My Co~ssion Expires Nov. '6, 1964 fo, ~.
the
~c~ A~ C. Ave:y
City Clerk. 1. D. Woz~ng
~y Atto~ey. ~o~ Ross ~o
~e8~: All~ ~can. ~rlene Scott and
~k Ciccone
City: Do.c~.s~--Assicmmen~ o~ leell - Mr. Jo~ ~oore. attorney for
Lawrence J. Ply·. to whom reassignment of the lease was recently
approved by Council spice·red to request that the assignment be
made to a corporation headed by Mr. Plym rather in Plym's name
alone. Mayo~ Dietz stated he would have to have some time to study
th/s matter before he would vote on it. It was agreed this would
be brought up st the next Meting. Ne~t Aa·nd·.
Mrs. J. H. Shellenberger, 320 N. W. 9th Street, appeared b. fore tm.
Council to ask the re·son why the city stopped work on the widening
and paving of N. ~7. 9th Street. The are· between N. W. 2nd ~nd 4th
Avenues has not been done ·lt~gh it has already been 1·id out.
The City Manager stated the reaso~ the project Was stopped was
bec·use the widening of this tl~o block section had never 'had.
Council authorization. Mrs. Shellenberger requested Council
approval of this widening and paving. The Mayor called to her
attention a recent convers&tio~ in which he ~dvised her that sectio~
was not scheduled to be wi~ened. Mr. Wood·rd suggested the two
blocks be patched until such time as · decision could be made on
thil matter. It was conclud~ that the City M~eE e~Ott~d ~
an inspection of this are· a~d report b~ck to Council at ne~t
meeting. Next Ag.end.a.
st~q~_~e P~a_rk~na Lot - MI:. W. R. Haggirt ~peared next to
the ~rking lot pro~t. ~. W~rd o~, in ~s ~inion, o~
of the payment for t~ ~xk~g ~el ~g ~n8~1~ ~ ~e
rather t~n on t~ s~ of ~ ~ld~ng as he ~s~
original agree·n= call~ fo~ 36 p~r~ places to be l~at~ at
the south of the building. ~ ae~ ~. ~ggart if he had received
some in~icatior~ that t~ ~v~ng was ac~p~le as it ~s being done
at the present t~. ~. ~a~ eta~ ~ present~ a plat
w~ch had been prepar~ by ~ ~lt Offioe ~chi~cto, to the City
~anagek- for t~ ~~ of gett~ m~r~al to ~lm~ the work.
He went on to say t~t t~ City ~nmgez, primly not wt. shing to use
the R-2 area for parking (t~t being t~ north ~rt~on of Bl~k 4)~
had re~ested ~rk Fl~ng ~ dr~ up ml~mte plus, cn~ l~aving
the parkin~ area next
leaven9 ~ 20'
~ho City Managoz asked Mw. Haqgart if, when ~hey were in the City
N~ager'a offl~ with ~. Ave~, he wasn't ware of the agre~nt
~ ~ sl~ wi~ ~ ~y, to which ~. hgg~ replied ~ha~ ~
~s. b ~ ae~ ~f ~. hgg~C vasn'~ aloe ~are ~ his
pl~ sailing for ~king on ~ ws~ was contrary ~o ~he ag~e~n~
~ ~. hgg~ replied ~a~ he was no~. ~. Avery s~a~ ~ha~.
at tht c~fezence, t~ City ~agez ~d told ~. hggar~ he w~ld
inot~ct ~e City Engin~r to ~aw up a plan that would ~
accept~le. ~ C~ty ~agor said b ~uld ~esti~ ~t ~~t,
with all due relict to ~. Avery.
Mayor Dietz said he had talked to Mr. Haggart ~uring ~bo ~Lmo the
pavement was berg laid. ~. hgg~t, at ~t t~, ~d a~d ~o
atto~ey ~d ~is~ h~ b ~8 Me~ng his ~liga~ong, e~ ~
the parking was ~ the welt, ~cuuse of t~ word "adJac~t" in t~
agre~ent. ~. ~~ ~rZ~ with ~il 8tat~t.
Mr. Fleming came in at ~at point amd was asked by Mx. Woodard~
why a portion of tho parking area was laid on the west rather than
on the south. Mr. Fleming state~ he was ins~ruc~od by the City
Manager to draw up two sketches laying o~t the parking for 36 cars,
which was done. These were presented to Mr. Haggart who selected
the one he wanted. Both sketches called for a portion of the
parking to be located on the southwest. MX. iiaggart then proceeded
with the paving.
The City Manager stated the city has never recognized the sketches
which were drawn up by the City ~ngineer as a courtesy to be in
compliance with the agreement.
Mr. Avery commented that Mr. llaggart was doing his best to do what
he had agree~ to and suggest~ that some decision ~ ~ ~ clear
up t~s probl~. The City ~ager agreed ~ that, bu~ stated
the agreeMnt could not be c~nge~ ~cept by Cocci1 action~ Mayor
Dietz then asked if there wa~ any agre~ent ~uring t~ conference
with ~r~ ~ggart an~ his attorney to t~ effect t~ ~e city w~!d
9articipate in the cost o~ pa~ing ~ alley ~r~ t~ Post O~f~ce
building o~t to N. E. 3r~ Stree~ ~ City Attor~y replie~ there
w~,~ r~o~:,: ~e City ~nageT a~ded that ~'. ~lt~ ~ ~.
ha~ asked during that ~e~ng if the city would p~ticipate in the
pavi~g of the ~,lley an~ that i~ was a ~tter of re~or4 ~:,hmt they
~1~ ~ ~ .~t.
~ off I. I. ~ A~ue.
vii1 ~ ~ ~e ~lley
~ left
~0. OOQ ~ ~ fer p3,M~ ~ ~ w%udgo treatment
~ ~ for ~r~ ~ ~
,. ori~Mlly wet ~ ~ ~~ ~,~
f~, askin~ i~ ~ ~ ~ld uso
mg~ ~s v~ld b b~bt ~ et
.This i~ a copy of the first publication ofy~our legal adver-
tisement which ran in the News-Journal on//f!~ ~.~ /~,
196.-7-~ ... If there are any corrections please indi~te on the
margin and p~ to us at once in time for the next publica-
tion on
This publication is scheduled to times
the total cost of which will be
Affidavit will be mailed to you immediately following the last
publication.
THE DELRAY BEACH NEWS-JOURNAL
am l~ld, t~&mel~'
City Tax Collector,
an~l upon failu~ of a~' ~rty o~er
~o~ ~y the ~n~ ins~lment due. or
~y ~rt ~e~of, br any annu~
tercel u~n de~ ~m~ts, the
~ity of DelraF ~ach m~
essa~ i~al pr~l~ ~ a Bill In
~n~ to ~fo~e payment the~
wi~ ail ace~ intent, t~
with all I~l ~ ~, incl~
a ~o~ble atropos f~. ~e to~l
amount ~ anF ;11~ may ~ ~ld
full at ,a~y time wl~ la.rest f~m
the date ~ a~essm~,
IT IS ORDERED ~at ~e City
Council s~ll ~ ~t ~e ~ty Hall
the City ~ ~r~ ~&ch, ~lo~da, at
8:~ P.M., oa the 2~r5 ~y of
1~2, for ~e 9u~ ~ h~ oh-
5~ttons, if ~nY, on s~id 9r~
9rov~eat, ~ set forth ~e,
P~ AND ~D' 'b~ the
Flortd~ on t~a ~e ~h d~
~erk" of Delra~ ~aeh, Florida,' do
he.by certify th~ fore~i~ to be
tr~e a~d ~l'r~t c~VY o[ ~s01~tion
NO. 14~ ~e~ and ad.ted bY the
City Coundl at the r~lar meetl~
held on the 9th day ~ July, 1~. the
ordinal copy of which is on file in my
office.
IH W~N~ ~HEREOF I have here-
unto set. my hand -a~d afflx~ the
official ~1 of the City of Delray
Beth, Flo~, on the 9th day of July,
1962.
ROBERT D. WOR~ING
CITY ~C~R~