Res 159 Rescinded Rescinded by Resolution
No 1~3
RESOLUTION NO.
A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA, ADOPTING ITS ANNUAL BUDGET OF
ESTIMATED EXPENSES FOR THE FISCAL YEAR
1936-1937, AND FOR THE PURPOSE OF LEVYING
A TAX ON ALL THE PROPERTIES WITHIN SAID
CITY FOR MAINTENANCE AND OPERATION, AND
FOR THE FURTHER PURPOSE OF LEVYING A TAX
FOR THE PAYMENT OF A PORTION OF THE CURRENT
BOND INTEREST AGAINST THAT PROPERTY LOCATED
IN THE FORMER CITY OF DELRAY, AND FOR THE
PURPOSE OF LEVYING A TAX FOR PRINCIPAL AND
INTEREST AGAINST THAT PROPERTY LOCATED IN
THE FORMER TOWN OF DELRAY BEACH, AND FOR THE
PURPOSE OF LEVYING A TAX FOR GENERAL STREET
OILING AND IMPROVEMENTS, AND FOR THE FURTHER
PURPOSE OF LEVYING A TAX AGAINS2 PROPERTY
LOCATED IN THE FORMF. R TOWN OF DELRAY BEACH
FOR GENERAL SEWER IMPROVEMENTS, AND FOR
ALLOCATING AND APPROPRIATING SAID COLLECTIONS
THEREUNDER.
WMEREAS, the City Council of the said City of Delray
Beach, Florida, has prepared its budget of estimated expenses
for the fiscal year 1936-1~Tand has also determined the amount
of millage necessary t o ~ le~d on all of the property within
the City for the main~a~ and operation of said City, and
for the payment of bon~f said City and the interest thereon.
WHEREAS,%theW~e was issued from the Circuit Court of
Palm Beach Count~,~lorida,~ a peremptory writ of mandamus
on the 31st ~of August, 1936, in the case of State of
Florida, ex~rel~ James R. Easton, Albert C. Nittendorf and'
A. S. ~,~elators,'~' versus City of Delray Beach, Florida,
Respondentg~ Common Law Case No. 8101, requiring the City
Council and the Mayor of the City of Delray Beach, Florida
to include in its estimated receipts and expenses for the fiscal
year 1936-1937 provisions for the payment to the Relators
an amount to be applied upon interest upon said Relators' bonds
set forth and described in said peremptory writ filed in said
cause, a sum not less than Thirty-two Thousand Four Hundred
Twenty Dollars ($3~,4B0.00), and to appropriate a sum not less
than said amount to the Relators for and on account of the paymen
of the interest on their said bonds, and to levy a special tax
for and on account of the interest on said Relators' bonds,
upon all taxable property in said City of Delray Beach (exclusive
of the taxable property within the former Town of Delray Beach);
M~tEREAS, there was issued from the Circuit Court of
Palm Beach County, Florida, a peremptory writ of mandamus
on the 31st day of August, 1956, in the case of State
of Florida, ex rel. Palm Beach Company, Relator, versus City of
Delray Beach, Florida, Respondents, Common Law Case No. 8098,
requiring the City Council and the Mayor of the City of Delray
Beach, Florida to include in its estimated receipts and expenses.
for the fiscal year 1@36-1937 provisions for the payment to the
Relator an amount to be applied upon interest upon said
Relator's bonds set forth and described in said peremptory
writ filed in said cause, a sum not less than Three Thousand
Four Hundred Eighty Dollars ($3,480.00), and to appropriate
a sum not less than said amount to the Relator for and on
account of the payment of the interest on its said bonds, and
to levy a special tax for and on account of the interest on
said Relator~s bonds, upon all taxable property ih said City
of Delray Beach (exclusive of the taxable property within the
former Town of Delray Beach);
Now, Therefore, BE IT RESOLVED, by the City Council of
the City of Delray Beach, Palm Beach County, Florida, that the
following budget or estimate of expenses for the fiscal year
of the ~ity commencing October l, 1936 and ending September 30,
1937 is hereby agreed upon and adopted and the amounts of money
for all of the respective purposes set forth below are needed
for the operation and/or maintenance of said City during said
fiscal.year and there is hereby ~propriated to such ~spective
purposes the amounts of money set opposite such purposes res-
pectively:
Operating and maintenance expenses of General Govern-
ment:
PROPOSED
PURPOSE AMOUNT
Auditing $600.00
Bath Account charges 65.00
Bath house, Pavilion and Beach
maintenance 2,000.00
Cemetery maintenance 150.00
City Hall, Garages & Jail maintenance 850.00
City ~ttorney, salary 360.00
Clerk's office (including asst. assess-
ors's work on improvement appraisals) 2,750.00
Council, Nayor and Judge, salaries 1,700.00
Contingent
Election cost 100.00
Engineering expense 1~500.00
Golf course operation 2,400.00
Inspection Department - Building,
Electric & Plumbing 750.00
Insurance 1,000.00
Legal Advertising 100.00
~egal Expense 300.00
machine Shop Expense 300.00
Miscellaneous Expense 150.00
Office Expense - stamps, stationery
and supplies 1,000.00
Park Equipment 100.00
Park~aintenance and beautification 1,000.00
Publicity, Advertising & Chamber of
Commerce 150.00
Police Dept., salaries and operation 5,500.00
Street Lighting 2,500.00
Street Repairs and Maintenance 1,500.00
Telephone and Telegraph 250.00
W.P.A. projects 2,000.00
Street cleaning and grubbing 500.00
$29,575.00
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 current 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 $2,000.00
From miscellaneous sources:
~emetery Lots sold $170.00
£nterest and fees paid in
cash 1,400.00
Occupational licenses 3,725.00
Permit fees received-Bldg.
Electrical ~ plumbing 875.00
Police Fines and Forfeituresl.,800.00 7,770.00
$9,770.00
And the amount of money necessary to be raised by
taxation for maintenance and operating expenses is
$19,805.00
BE IT FURTHER RESOLVED, that there shall be and is
hereby appropriated for the payment of the several it~s of
expenditures hereinabove set forth as operating or maintenance
expenses totalling the aggregate sum of Twenty-nine Thousand
Five Hundred Seventy-Five Dollars ($29,575.00), the revenues
derived from the taxes of Fifteen and one-half mills (15½)
hereby levied on all taxable property within the City of Delray
Beach for the fiscal year 1936-1937 for operating and/or main-
tenance expenses of General Government, and also in addition
of revenues derived by said City during said fiscal year from
all other sources, other than the tax levy for current bond
interest and that part of the collection on delinquent taxes levie
for bond service.
It is found that it is necessary ~ make a special levy
for the purpose of repairing, oiling and maintaining the public
streets of the City of Delray Beach, and that for such purpose
there is estimated to be an expenditure of Two Thousand Six
Hundred Thirty-four and 21/lOOths Dollars ($2,634.21) for
~ -4- this purpose.
BE IT FURTHER RESOLVED, that there shall be and is
hereby appropriated for the repair, oiling, maintenance and
upkeep of the public streets and ways of the City of Delray
Beach the sum of Two Thousand Six Hundred Thirty-four and
21/100ths Dollars ($2,634.21), and that there is hereby levied
a Two mill (2) special tax on all taxable property within
the City of Delray Beach for the fiscal year 1936-19~?, all of
such revenue to be derived from such Two mill (2) tax shall
be used in the repair, oiling, maintenance and upkeep of the public
streets and ways in the City of Delray Beach.
It is found that it is necessary to make a special levy
for the purpose of constructing necessary sewers in the former
Town of Delray Beach and that for such purpose there is estimated
to be an expenditure of One Hundred Ninety-nine and 60/100ths
Dollars ($199.60) for this purpose. ~
BE IT FURTHER RESOLVED, that there shall be and is here
appropriated for the construction and for the repayment of
monies advanced for the construction of sewers in the former
Town of Delray Beach the sum of One Hundred Ninety-nine and
60/100ths Dollars ($199.60), and that there is hereby levied
a One (1) mill special tax on all taxable property within
the former Town of Delray Beach for the fiscal year 1936-19~7,
all of such revenue to be derived from said One (1) mill tax
shall be used in the construction and repayment of monies
advanced for the construction of such public sewers in the
former Town of Delray Beach.
It is found that the amount of money to be levied for
bond debt service on bonds and interest issued by the former
Town of Delray Beach is Two Thousand Nine Hundred Sixty and
· 17/lOOths Dollars ($2,960.17).
--5--
BE IT FURTHER RESOLVED, that there is hereby appropriated,
for the payment of interest and principal on bonds of the former
Town of Delray Beach, all revenues derived from the tax levy
of Eleven (ll) mills, hereby levied for that purpose for the
fiscal year 1936-1937 upon all taxable property within the
limits of the former To~n of Delray Beach, and also, all
revenues heretofore levied on the property within the former
Town of Delray Beach derived from delinquent taxes levied
for said bonds or interest in years prior to the fiscal year
1936-1937.
AND, ~_qTEREAS, the City Council has been ordered by the
peremptory writ of mandamus hereinabove set forth and described
in Common Uaw Case No. 8101 to levy a tax against all taxable
property in the City of Delray Beach (exclusive of the taxable
property within the former Town of Delray Beach) in an amount
that will raise Thirty-two Thousand Four Hundred Twenty Dollars
($32,420.00), and that said amount be appropriated and set
aside for the payment of current interest on bonds of the former
City of Delray as set forth and described in the alternative
writ of mandamus filed in said mandamus proceedings in the
Circuit Court of Palm Beach County, Florida;
Now, Therefore, BE IT RESOLVED, that there shall be and
is hereby appropri~ed for the purpose of paying a portion
of the interest coming due durLug the fiscal year 1936-1937
on said bonds described in said peremptory writ of mandamus,
the same being as follows, to-wit:
Designation ~nterest Principal
of Bonds Date Rate Amount Bond Numbers.
' Water & Light 7-1-14 6% $5,000.00 l, 8, 13, 19, 20. ~
~ Improvement 3-1-23 6% 9,000.00 65/71, 80/90.
Water & Light
-6- ' Plant 7-1-23 6% 31,000.00 15, 21/50.
Designation Interest Principal
of Bonds Date Rate Amount Bond Numbers.
Improvement 1-1-EO 6%~'~ 50,000.00 1/10, 23/32, 43/S2, 66/
Improvement 11-1-26 6% 86,900.00 12/~8, 34/39, 44/10S,
ll4/ll8.
Geheral
Improvement 4-1-26 5~% 523,665.00 21, 35/42, 56/60, 75/80
86~90, lll/120, 123/130
241/310, 336/350, 402/4~0
4 e/44l, 450/480, 501 5S5
551/580, eOl/e 5, es1/e 5
851/852, 855/885.
Improvement 3-1-~? 5½% ~ 40,535.00 23/66.
$746~100.00
all revenue derived from the levy of Fifteen (15) mills hereafter
levied on all taxable property within the former City of Delray
for the fiscal year 1936-1937. The assessed valuation of all
taxable property within the former City of Delray Being One
Million Four Hundred Forty-two Thousand Eight Hundred Ninety-
four Dollars ($1,442,894.00) and the levy of Fifteen (15) mills
against said property hereinabove provided will raise Twenty-one
Thousand Six Hundred Forty-three and 41/lOOths Dollars
($21~643.41) which is a partial compliance with the peremptory
writ of mandamus hereinabove described. It being the purpose
and intent to levy said Fifteen (15) mills as just above stated an
to appropriate the collection therefrom exclusively to be paid
on current interest coupons coming due during the fiscal year on
the bonds just above described. The Tax Collector~ Clerk~
Treasurer and~ayor of the City of Delray Beach are authorized
and directed to make such collections and pay said monies out ohly
for the purpose of paying current interest on said bonds.
BE IT FURTHER RESOLVED that there shall be and is
hereby levied upon all the taxable property within the former
City of Delray; that is, upon all the taxable property~ in-
cluding homesteads, regardless of valuation thereof~ within
the present City of Delray Beach (except the taxable property
within the former Town of Delray), Fifteen (15) mills on the
dollar of the assessed valuation of said property, and that
all the revenues and proceeds derived from said levy be and
they are hereby appropriated for the purpose of paying said
interest upon the bonds of said~ames R. Easton, Albert C.
~ittendorf and A. S. Huyck, hereinabove listed and described
and involved in said peremptory writ of mandamus, accruing
or to accrue during the fiscal year 19~6-193~, whether repre-
sented by coupons or being interest at the contract rate
during said fiscal year on the bonds included and described
in said peremptory writ of mandamus; and it is hereby declared
and resolved that the purpose and intent of this resolution
is to levy said Fifteen (15) mills as above stated and to
appropriate the collections therefrom exclusively to be
paid on the interest maturing during the fiscal year 1936-1~?
on said bonds above described and included in said peremptory
writ of mandamus, and the Tax Collector, Clerk and Treasurer
of said City of Delray Beach is authorized and directed to ma~
such collection and pay the proceeds of such collections
for the purposes aforesaid.
AND, ~qiEREAS, the City Council has been ordered by
the peremptory writ of mandamus hereinabove set forth and
described in Common Uaw Case No. 8098 to levy a tax against
all taxable property in the City of Delray Beach (exclusive
of the taxable property within the former Town of Delray
Oeach) in an amount that will raise Three Thousand Four
Hundred Eighty Dollars ($3,480.00), and that said amount be
appropriated and set aside for the payment of current
interest on bonds of the former City of Delray as set forth
and described in the alternative writ of mandamus filed in
said mandamus proceedings in the Circuit Court of Palm Beach
County, Florida;
Now, Therefore, BE IT RESOLVED, that there shall be
and is hereby appropriated for the purpose of paying a portion
of the interest coming due during the fiscal year 1936-1937
on said bonds described in said peremptory writ of mandamus,
the same being as follows, to-wit:
Designation Interest Principal
of Bond Date Rate Amount Bond Numbers
General
Improvement 5-25-25 6% $72,000.00 9/80.
all revenue derived from the levy of One and one-half (1½)
mills hereafter levied on all taxable property within the
former City of Delray for the fiscal year 1936-1937. The
assessed valuation of all taxable property within the former
City of Delray being One Million Four Hundred Forty-two Thousand
Eight Hundred Ninety-four Dollars ($1,442.894.00) and the levy
of One and one-half (1½) mills against said property herein-
above provided will raise Two Thousand One Hundred Sixty-four
and 34/lOOths ($2,164.34) Dollars which is a partial compliance
with the peremptory writ of mandamus hereinabove described.
It being the purpose and intent to levy said One and one-half
(1½) mills as just above stated and to appropriate the collec-
tion therefrom exclusive to be paid on current interest coupons
coming due during the fiscal year on the bonds just above des-
cribed. The Tax Collector, Clerk, Treasurer and Mayor of
the City of Delray Beach are authorized and directed to make such
-10-
Bond No. Date Kind Due
199 4-1-26 City of Delray Improvement April l, 1941
202 ,, ,, ~ . . , .
204 ,,
205 ,, , , ,, ,, ,, ,,
206 " " " " " " "
all of said bonds in the amount of One Thousand Dollars ($1,O00.O0)i
each with interest at the rate of 5½%, and has requested the levy
of an appropriate millage for the payment of defaulted and current
interest coupons on said bonds.
Now, therefore, BE IT RESOLVED that there shall be
and is hereby levied on all taxable property within the former
City of Delray One and one-half (1½) mills, the same levied for
the purpose of paying a portion of the current interest coming
due for the fiscal year 1936-1937 on the bonds described as
follows:
Designation Date of Interest Principal
of Bond Issue Rate Amount Bond Numbers.
General
Improvement 4-1-26 5½% $25,000.00 386/400, 491/500.
General
Improvement 4-1-26 5½% 10,000.00 541/550.
General
Improvement 4-1-26 5½% 15,000.00 131, 134, 137, 140,
143, 162, 164, 167,
173, 198, 199, 202,
204, 205, 206.
The monies collected as a result of said One and one-
half (1½) mill levy are hereby appropriated for the purpose of pay-
lng the interest on the bonds as Just above described, to be used
for no other purpose; it being the purpose and intent to levy a
tax of One and one-half (1½) mills on the.property located in the
former City of Delray, and to appropriate the proeeeds therefrom
for the exclusive use and purpose of making a payment on the currelLt
-ll-
interest on the bonds Just above described. The Tax Collector,
Clerk~ Treasurer and Nayor of the City of Delray Beach, Florida,
are authorized to set said amounts aside and to pay them out only
for such purpose.
The above and foregoing resolution was duly adopted by a
majority of the members of the City ~il, of the City of
Delray Beach, Florida, this 9th da~ September, 1936.
President of City Council,
City of Delray Beach, Fla.
Attest:
· ~iby Clerk.~