Res 269 RESOLUTIOE~ BOOK
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, PALM BEACH COUNTY, FLORIDA, LEVYING A TAX ON AT.L
THE PROPERTY ~ITHIN THE FORMER CITY OF D~Y, FOR MAIN-
TENANCE AND OPERATION, AND LEVYING A TAX FOR PRINCIPAL
AND IIqTEREST AGAINST THE PROPERTY LOCATED IN THE FORMER
CITY OF DELRAY, AND ~T.LOCATING AND APPROPRIATING SAID
COLLECTIONS THEREUNDER.
WHEREAS, the City Council of the City of Delray Beach,
Florida, has prepared its budget of estimated expenses for the
fiscal year 1938-1939, and has determined the amount of millage
necessary to be levied on all of the property in said City, which
is located in that portion of said oity, which was the former
City of Delray, Florida, for the maintenance and operation of
said city, and for the payment of bonds and interest thereon, for
the payment of which, under the provisions of the City Oharter,
a tax should be levied against that portion of the City which
constitutes the former City of Delray, Florida,
AND, WHEREAS, the City Oouncil of t~e City of Delray Beach,
Florida, did on the 15th day of November, A. D. 193~, adopt the
following budget of estimated expenses for the fiscal year of
the City, commencing October l, 1938 and ending September 30,
1939, and appropriated to such respective purposes the amount of
money set opposite thereto, which budget was in words and figures
as follows, to-wit:
"Operating and Maintenance Expenses of
General Government:
PURPOS___~E PROPOSED
AMOUNT
Auditing $ 600.00
Bank account charges 50.00
Bath House, ?avilion and Beach Main. & Equip. 3000.00
Cemetery Maint enance 100. Ou
City Hall, Garages and Jail Maintenance 1500.00
City Attorney, Salary 360.00
Clerk' s office (including Asst. Assessor' s ~ork
on improvement appraisals) 3500.00
Council, Mayor and Judge- Salaries 3600.00
Election cost 100.00
Engineering expense 2000.00
Golf course operation 2500.00
Hofman Debt. for fill purchase 178.00
Inspection Dept. Bldg., Elee. & Plumbing 1200.00
In suranc e 1200.00
\ Legal advertising 200.00
Legal expense 2500.00
Machine shop expense 750.00
Miscellaneous contingency expense 1000.00
Office expense- stamps, stationery, supplies
and equipment 800.00
Park and golf course equipment 250.00
Publicity- Advertising and Chamber of Commerce exp. §00.00
Police Dept.- Salaries and operation 9000.00
Park maintenance and beautification 1200.00
Police Department- Equipment 1500.00
Street Lighting 3000.00
Street repairs, maintenance and new constructions 5000.00
Stre et D epa rtment equipment 1500, GO
Swimming po~l expense 100.00
Real estate purchases 500.00
Telephone and Telegraph 300.00
W. P. A. projects 2000.00
Taxes on city property
&oi&.oo
BE IT FURTHER RESOLVED, That the estimated amount of revenue
to be used for maintenance, which will be derived by said City of
Delray Beach during said fiscal year from sources other than cur-
rent tax levy, is as follows:
From delinquent taxes on property in the
former City of Delray, receivable in cash,
which was levied for operating or maintenance 1000.00
From miscellaneous sources 300.00
Cemetery lots sold 100.00
Interest and fees paid in cash 1000.00
Occupational licenses 5000.00
Permit fees- building, electrical and plumbing 1000.00
Police fines and forfeitures 1~500.00
-~$ 9900.00
And the smount of ~oney necessary to be raised by taxation for
maintenance and operating expenses is $40,288.00."
THEREFORE, BE IT RESOLVED By the City Council of Delray
Beach, Florida, that there shall be and is hereby appropriated
for the payment of the several items of the expenditure totaling
the aggregate sum of $50,188.00 the revenues derived from the
taxes of twenty-six mills hereby levied on all taxable property
within that portion of the City of Delray Beach, Florida which
was formerly the City of Delray, Florida, for the fiscal year
1938-1939, the assessed valuation of all property taxable for
operation purposes within that portion of the City of Delray
Beach, Florida which was formerly the City of Delray, Florida,
being $ !~.,~~, for operating and/or maintenance expenses
of general government, and also in addition, all revenue derived
by said city during said fiscal year from all other sources other
than the tax levy for current bond service and that part of the
collection of delinquent taxes levied for bond service.
Page 2.
AND, WHEREAS, the City Council of the City of Delray
Beach, Florida has been ordered by the peremptory writ of man-
damus issued in Case No. 2489-M-Civil in the United States
District Court in and for the Southern District of Florida,
Miami Division, wherein the United States of America, ex rel.,
Vermont Investment Company is the relator, which said writ was
issued on the 3rd day of February, A. D. 1939, to levy a tax
against all taxable property in the City of Delray Beach,
Florida, which Constitutes the former City of Delray, Florida,
in amount which will raise the sum of $29,466.62, and that said
amount be appropriated in the budget and set aside for the pay-
ment of said Judgment against the City of Delray Beach, Florida,
as set forth and described in said above described peremptory
writ of mandamus.
NOW, THEREFORE, BE IT RESOLVED That there shall be and is
hereby appropriated for the purpose of paying during the fiscal
year said judgment as described in said peremptory writ of man-
damus, the same being as follows, to-wit:
Final Judgment rendered in the United States District
Court in and for the Southern District of Florida,
Miami Division, in favor of Vermont Investment Company,
a corporation, plaintiff, against City of Delray Beach,
Florida, defendant, in the sum of $29,466.62, dated
February 18, A. D. 1938;
all revenue derived from the levy of twenty (20) mills hereafter
levied for the fiscal year 1938-1939 on all taxable property in
the City of Delray Beach, Florida, which constitutes the former
City of Delray, Florida. The assessed valuation of all taxable
property in that portion of the City of Delray Beach, Florida
which was formerly the City of Delray, Florida, is $~~_~_~,o~
and the levy of twenty (20) mills hereinabove provided against
said property will raise the sum of $29,466.62, which is in com-
pliance with the peremptory writ of mandamus hereinabove described,
it being the purpose and intent to levy said twenty ~20) mills
above stated and to appropriate the collection therefrom exclu-
sively to the payment of said above described Judgment during
the fiscal year 1938-1939. The Tax Collector, Clerk, Treasurer
Page 3.
and Mayor of the City of Delray Beach, Florida are authorized
and directed to make such collections and to hold said moneys
until same is paid out in accordance with the peremptory writ
issued in this cause, or such other stipulations as have been
entered into by and between the City Attorneys of the City of
Delray Beach, Florida, and the Attorney of record for the Ver-
mont Investment Company, the plaintiff in the above described
Judgment.
THE ABOVE AND EOREGOING RESOLUTION was passed on this
the ~a% day of March, A. D. 1939.
President, ~i~y CounCll '
ATTEST~.~/'~Mi:~ ~ g.I:'PRO~F~~ ~,
City Clerk f Mayor /
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