Resolution 5566 R ;S OLUT I OIC NO. 5566
WHEREAS, in a suit lately pending in the Circuit Court,
entitled A. M. Tenney, and others, v. City of Miami Beach, two cer-
tain decrees were rendered by the said Court holding that the assess-
ments made against certain properties by the City of Liami Beach
were void, which decrees were affirmed on appeal by the Supreme
Court of Florida; and
WHEREAS, the persons mentioned in said decrees are entit-
led to have refunded to them the amounts of money paid on account of
said assessments or to have the unpaid assessment liens cancelled, as
the case may be, subject to such orders of the Circuit Court as : ay
be necessary to accomplish such purpose, jurisdiction of said cause
having been retained by the said Court ; and
WHEREAS, because of present conditions brought about by
the war which could not reasonably have been foreseen, it is incon-
venient for the City to repay to the persons entitled to the benefits
of said decrees the amounts paid by them, with, interest at 8% from
the time at which such payments were made, and to make said payments
in a lump sum,
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Miami Beach, Florida, that the City Manager and the City
Attorney are hereby authorized to enter into the following agreement
with such persons as are entitled under said decrees and such further
decrees as may be made by said Court to a refund of the money paid
by them on account of said Collins Avenue Assessments as follows :
1. To reduce the amount of interest on said claims as
provided in said decrees from 8% to 4%, interest at the rate of 4%
being payable from the date of payment to the City to the date of
final repayment by the City.
2. To pay to such claimants 25% of their claims, with
interest as aforesaid upon such claimant indicating in a manner satis-
factory to said City Manager and said City Attorney his acceptance
of this proposal.
3. To pay the balance of said claims, with interest
as aforesaid, in 'che following installments, that is to say:
371% in December, 1942;
37o in December, 1943.
BE IT FURTHER RESOLVED that the said City i.,anager
and the City Clerk are authorized to draw whatever vouchers may
be necessary upon the Treasury of the City to accomplish the pur-
poses set forth in this resolution and in accordance with the terms
of said resolution.
PASSED and ADOPTED this 1st day of July, A. D. 1942.
Mayor
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