Resolution 5589 RESOLUTION NO. 5589
WHEREAS, on the first day of July, A. D. 1942, the
City Council passed and adopted Resolution No. 5566 in connection
with a suit involving Collins Avenue assessments entitled, "A. M.
Tenney, et al versus City of Miami Beach", and the decree entered
therei l by the terms of which resolution it was resolved as fol-
lows :
"That the City Manager and the City Attorney
are hereby authorized to enter into the follow-
ing 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 pay-
ment 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 in-
dicating in a manner satisfactory to said City Mana-
ger and said City Attorney his acceptance of this
proposal.
3. To pay the balance of said claims, with interest
as aforesaid, in the following installments, that is
to say:
371% in• December, 1942;
37*% in December, 1943."
and
WHEREAS, an order has been entered in said suit directing
the City of Miami Beach to refund to Arthur McBride the sum of
?366.08, paid on the 6th day of December, 1940, by said Arthur Mc-
Bride on account of improvement liens for Collins Avenue paving
against Ld. s 1 and 2, Block 9 of Harding Townsite: ; and
WHEREAS, said Arthur McBride has indicated his willingness
to accept interest on said sum at the rate of 4% per annum from the
date of payment but, by reason of circumstances beyond his control,
is unable to accept payment except in a lump sum; and
WHEREAS, it appears to be to the best interest of the
said City to make payment of said refund in full,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Miami Beach, Florida, that the City Clerk be and he is here-
by authorized to refund to said Arthur McBride the s aid sum of
-1-
366.08, together with interest thereon at the rate of 4% per annum
from December 6th, 1940, to the date of such refund.
PASSED and ADOPTED this 28th day of July, A. D. 1942.
•
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Acting Ma' or
ATTEST:
ty Clerk
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