R-255-42 n
MIAMI SHORES VILLAGE RESOLUTION NO. 255
A RESOLUTION AUTHORIZING MIAMI .SHORES VILLAGE TO SETTLE THE
JUDGMENT IN THE TOTAL AMOUNT OF $5533.85, NOW HELD BY HECTOR
SUPPLY COMPANY, BY PAY014T OF A PART THEREOF IN CASH, BALANCE
THEREOF TO BE EVIDENCED BY CERTIFICATES OF INDEBTEDNESS BEAR-
ING INTEREST AT 4% PER ANNUM, AND AUTHORIZING AM DIRECTING
THE MAYOR .AND VILLAGE CLEF AND MAIITAGER TO EXECUTE AND DELIVER
CHECK ON THE VILLAGE FUNDS FOR THE CASH PAYMENT .AND CERTIFI-
CATES OF INDEBTEDNESS EVIDENCINGr UNPAID BALANCE OF ,SAID JUDGMENT.
WEREAS, the Hector Supply Company heretofore acquired and now holds
a judgment against Miami ;Shores Village in the amount of $5533.85, pursuant to
final decree dated July 25, 1941, entered in Chancery Case No. 59683-D in the
Circuit Court of Dade County, Florida, styled Bessemer Properties, Incorporated,
plaintiff, vs Miami Shores Village, et al, defendants, and
1HEREAS, said final decree farther provides and directs Miami Shores
Village to include in its budget for the year 1912--43 the aforesaid sum, and to
levy taxes based upon said budget in order to fully pay and discharge said judg-
ment, and
VAEREAS, a basis for the settlement of said judgment has been agreed
upon, which is deemed more advantageous to Miami Shores Village,
NNW THEREFORE, BE IT RESOLVED BY MIAMI SHORES VILLAGE,
SECTION 1. That Miami .Shores Village forthwith pay, by check, to
Hector Supply Company, on account of the aforesaid judgment, the amount of
6553.85 plus interest accrued to the date hereof.
SECTION 2. That Miami Shores Village forthwith deliver to Hector
Supply Company, to evidence the unpaid balance of said judgment, its three
certificates of indebtedness, bearing this date, in the principal amount of
$1660.00 each, with interest at 4% per annam, payable respectbely on February
15, 1913, February 15, 19" and February 15, 1945.
SECTION 3. That the Mayor and Village Clerk of Miami Shores Village
be .and they are hereby authorized and directed to execute and deliver, under the
seal of the Village wherever necessary, the aforesaid check and certificates of
indebtedness to Hector Supply Company, in full payment and satisfaction of the
aforesaid judgment.
SECTION That the settlement of said judgment, as hereinbefore
outlined, be specifically conditioned upon the solicitor of record for Hector
Supply Company in the above entitled suit entering into an appropriate stipula-
tion -with the Village Attorney, to be filed in said .wait, whereby it is agreed
that Miami. Shores Village be relieved, by order of court, of the necessity of
complying -with the provisions of said final decree relative to including in its
budget for the year 1942-/+3 the entire amount of said judgment, with the proviso,
however, that if Miami, Shores Village shall fail to pay any one of .said certifi-
cates of indebtedness within thirty (30) days after they severally become due
and payable then the court may forthwith order said Miami Shores Village to in-
elude the then unpaid balance of said judgment, together with interest thereon,
` in.its next annual budgets and to levy taxes based upon said budget in order to
r fully pay and discharge the same.
REGULARLY PASSED AND ADOPTED this day of A.D. 1912.
Kecx-
Mayor
Atte
illag erk and Hager