Resolution 5631 RESOLUTION NO. 5631
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.N.
Tenney, et al versus City of Miami Beach" , and the decree entered
therein, by the terms of which resolution it was resolved as
follows:
"That the City Manager and the City Attorney
are hereby authorized to enter into the following
agreement with such persons a 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 assess-
ments as follows :
1. To reduce the amount of interest on said claims
as provided in said decrees from a% 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 in-
dicating in a manner satisfactory to said City
Manager and said City Attorney his acceptance of
this proposal.
3. To pay the balance of said claims, with interest
es aforesaid, in the following installments, that is
to say:
370in December, 1942;
370in December, 1943."
and
WHEREAS, orders have been entered in said suit directing
the City of Miami Beach to refund to McClellan Ocean Villas, Inc. ,
the sum of $344.87, paid on the lath day of September, 1940, by
said McClellan Ocean Villas, Inc. , on account of improvement
liens for Collins Avenue paving against the North 37.54 feet of
Lot 45 and the South 25 feet of Lot 46, Block 1,, of Second Ocean
Front Subdivision;
and
'REAS, said McClellan Ocean Villas, Inc. , have indicated
their 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 their control, are unable to accept payment except in a lump
sum;
and
WHEREAS, it appears to be to the best interest of 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 hereby
. authorized to refund to said McClellan Ocean Villas, Inc. , the said
sum of 344,£7 together with interest thereon at the rate of 4% per
annum from September lath, 1940, to the date of such refund.
PASSED and ADOPTED this 3rd day of March, A. D. , 1943.
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ATTEST:
City Clerk m`
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