Res 285RESOLUT I 0N'~ BOOK
A RESOLUTI~ OF T~E CiTY C0b~CIL OF T]!~ CITY OF DEL,RAY
BF, ACH, AL~it0RIZII~IG T?IE SETT~.~T OF Ti~ C~SE 0F A~ibR
!,~ISEROCCHI VS. CITY 0F D~RAY B~C~{, ~iD A~HORIZ~JG
T!-~ CITY ~kTT0~EYS T0 T~[E ='~PROPI~TE ACTI~ T0 ~FECT
SUC~{ SETTL~,!~JT.
?~REf%, on December 15, 1937, tl. City of Delray
Beach issued three certificates for paving assessments in
connection with the paving of ~drews L~reet, which said
three certifio~tes e. ggregated the principal a _o~t of
,~2,225.02 and respectively -J~ere issued as evidence of ~
assessment against Ocean Be~ch Lot l, in the principal
~o~t of ~556.03, ~ assessment against Ocean Beach Lot
2, in the principal ~omut of ~556.05 and an assessment
against the north half of Block 161 in the principal
~ao~t of ,~1,112.96, upon which said certificates interest
has accrued si~ce said December 15, 1937, the dute of their
issuance, at the rate of 85:~ per ~n~, ~d no part of said
principal or interest heretofore has been paid, and all three
of said certificates are now owned and held by the City of
Delray Beach; and
~~, ~thur ~liserocchi, ~berto E. ~,[iserocchi and
i{enry k. ~.~iserocchi heretofore instituted a suit against the
City of Delray Beach in the Circuit Court of the Fifteenth
J'udicial Circuit of Florida in ~d for Palm Be~.~.ch cowry,
which said case is known and designated as Ch~cery Case
~14,234, wherein ~d ;~hereby, among other things, said
plaintiffs contend that the assessments ~nd the aforesaid
certificates evidencing said assessments should be cancelled,
but which s~id suit has not yet been determined finally and
is still per, ding; ~d
¥~~, it heretofore has been proposed that the
aforesaid suit and the differences between said City ~d said
plaintiffs shall be corapromised and settled by means of said
plaintiffs, joined by the wives of those plaintiffs who
are married, conveying and granting a right-of-way over
seventeen feet of land on either side of and adjacent
to said Andrews Street as it originally was laid out and
platted and dismissing the aforesaid suit at the cost of
said plaintiffs in return for said City giving said plaintiffs
a credit u~on the principal amount of said certificates in
the aggregate amount of ~200.00 as well as a further credit
of an amotmt equal to and constituting all interest heretofore
accruing upon said three certificates prior to the time
of the completion of said settlement; and
-,~EfQEAS, it appears and the Council is of the opinion
that the acceptance and completion of the aforesaid settlement
will be for the best interest of the City of Delray Beach;
NOW, TP~]REFORE, BE IT RESOLVED, That the aforesaid
settle~ent upon the terms herein~bove specified and set
forth shall be and the same hereby is by the Council of
s~-~id City of Delray Be~.~ch adopted, ratified, approved and
confirmed; and be it further
RESOLVED, That Messrs. Adams & Nowlin, as attorneys
for said City and any and all officials of said City shall
be and they hereby are authorized, instructed and directed
forthwith to accept the aforesaid right-of-way deed from
said plaintiffs, conse~t to the dismissal of the aforesaid
suit at the cost of said i~laintiffs, endorse upon each of
the first and second of the ubove described certificates a
principal credit in Zhe amount of ~50.00, endorse upon the
third of the aforesaid certificates a principal credit in
the amount of ~100.00, and endorse upon all of said three
certificates a credit in the respective amounts of the
interest her,~tofore and hereafter accruing upon all of said
three certificates up to the ti~e of the completion of the
aforesaid settlemenz, and to do any and all other things
necessary or proper for the purpose of co~;~pleting the afore-
said settlement upon the terms hereinabove specified and
set forth.
PASSED in r~gular session on this the S2nd day of
~ay, 1939.
Attest: Approved:
City Clerk / ~ay