HomeMy WebLinkAboutOrdinance Amending Tax Levies for 1939
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AN ORDINANCE AMENDING A RESOLUTION OF
TEE CITY COUNCIL OF THE CITY OF.OCOEE,
UNDER DATE OF DECEMBER 29, 1938, RELA-
TIVE TO TEE TAX LEVIES OF TEE CITY OF
OCOEE FOR THE YEAR 1938.
WHEREAS, heretofore and under date of September
29, 1930, The Brown-Crummer Investment Company obtqined
a final judgment against the City of Ocoee in the sum of
$13,812.52, together with costs in the sum of $20.00, in
a cause styled The Brown-Crummer Investment Company vs.
City of Ocoee, in the United States District Court for the
Southern District of Florida, No. 2475-T-Civi1; and
WHEREAS, a mandamus proceeding was instituted
to enforoe the said judgment and resulted in the issuanoe
of a peremptory writ of mandamus under date of January
19, 1932, in a oause styled United States of America, ex
reI., The Brown-Crummer Inves~ent Company vs. City of
Oooee, et al., in the United States District Court for the
Southern District of Florida, No. 2794-T-CiviI, wherein and
whereby the City of Oooee, and its officials, were peremp-
torily commanded to levy a tax of seven (7) mills on the
taxable property of said City of Ocoee, as the boundaries
of said City of Oooee were fixed by Chapter 10,951, Laws
of Florida, Aots of 1925, for the fiscal year 1931-1932, and
to levy on said property an additional tax of seven (7) mills
per year for each and every year thereafter until the proceeds
thereof would produce a sum sufficient to pay the said j~dg-
ment and interest that should accrue thereon; and
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WEEREAS, heretofore and under, date of April
11, 1938, W. J. Meredith, L. F. Rodgers and James G.
Martin obtained a final judgment against the City of
Ocoee, in the sum of $107,256.01, together with costs
in the sum of $19.40, in a cause styled W. J. Meredith,
L. F. Rodgers and James G. Martin va. City of Ocoee, in
the United States District Court for the Southern District
of Florida, No. 207-0rlando-Civil; and
WEEREAS, the 1938 tax levies required to per-
form the said two peremptory writs amounted to an aggre-
gate of 507 mills on the 1938 tax roll of the City of Ocoee,
and
WEEREAS, under date of October 6, 1939, a
final order was entered in the United States District Court,
Southern District of Florida, relative to compliance with
peremptory writs theretofore issued by said Court in the
oases of
United States of Amerioa, ex reI., The
Brown-Crummer Investment Company vs. City
of Oooee, et al., #2794-T-Civil, and
United States of Amerioa, ex reI., W. J.
Meredith, L. F. Rodgers and James G. Martin
vs. City of Oooee, et al., #20 7-0rlando-Civil ,
and
WHEREAS, said final order requires the action
herein taken relative to the tax levies of the City of
Oooee for the year 1938,
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF OCOEE, .AS FOLLOWS:
Seotion 1. That the resolution adopted by the
City Council of the City of Oooee, under date of Deoember
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29, 1938, entitled "Resolution Authorizing a Speoial Tax
Levy in Favor of W. J. Meredith, L. F. Rodgers and James
G. Martin, :Relators, Emanating Out of Cases No. 11.3 and
207, Orlando Civil, Federal Court For the Southern Distriot
of Florida~ For the Fisoal Tax Year 1938, and Providing for
the Appointment of a Tax Colleotor of the City of Oooee and
~roviding for Monthly Reports on the Sums So Levied and Col-
lected to the Attorneys for Relators Upon All the Properties
Within the City of Ocoee as Fixed by Chapter 10,951, Laws of
Florida, 1925, and Providing That All Tax Collections Made
by the City of Oooee Shall Be in Money of the United States
Only and Without Deductions of .Any Sort Whatsoever," is hereby
corrected and revised, pursuant to and in conformity with the
final order entered under date of Ootober 6, 1939, relative
to complianoe with peremptory writs theretofore issued in the
District Court of the United States, Southern District of Flor-
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ida, in the oases of
United States of America, ex rel., The Brown-
Crummer Investment Company vs. City of Oooee,
at al., #2794-T-Civil, and
United States of Amerioa, ex rel., W. J.
Meredith, L. F. Rodgers and James G. Martin
vs. City of Ocoee, et al., #207-0rlando-Civil,
so as to provide that a tax of three (3) mills for the year
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1938 be and is hereby levied, imposed and assessed upon each
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One Dollar ($1.00) of all taxable real and personal property
lying and being within the corporate limits of the City of
Ocoee, for operating purposes of the said City of Ocoee, and
so as to provide that a special tax of eighteen (IS) mills
for the year 1938 be and is hereby levied, imposed and assessed
upon each One Dollar ($1.00) of all taxable real and personal
property subject to taxation, by the City of Ocoee, for the
purposes specified in the peremptory writs referred to in the
preambles hereof, that is to say, all properties, including
homesteads, within the said City of Ocoee as the boundaries of
said City of Ocoee were fixed by Chapter 10,951, Laws of Flo~da,
Acts of 1925.
Section 2. That the proceeds of said special tax levy
qre hereby appropriated and "ear-marked" for the specific purpose
of complying with the said order of the District Court of the
United States for the Southern District of Florida, dated Octo-
ber 6, 1939, as aforesaid, in the following manner, to-wit:
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Said proceeds shall be applied first to ,the payment
of the remaining balance due upon the said judgment
of The Brown-Crummer Investment Company, together with
costs, and the interest thereon, tmtil the same shall
have been paid in full; and thereafter the said proceeds
shall be applied to the payment of the said judgment
of W. J. Meredith, L. F. Rodgers and James G. Martin un-
til the said judgment,_together with costs, and the in-
terest thereon, shall have been paid in full; "costs" be-
ing hereby intended to mean costs of the action resulting
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in the judgment and oosts in the mandamus
proceedings to enforce the same.
Section 3. That all ordinances, resolutions
and other actions heretofore taken by the City Council
of the City of Ocoee, in conflict with this ordinance,
are hereby repealed, in so far as they are in conflict
with the provisions hereof.
Section 4. That this ordinance shall take
effect immediately.
The undersigned President of the City Counoil
of the City of Ocoee and the undersigned City Clerk of the
City of Ocoee do hereby certify that the above and fore-
going ordinance was passed and ado~ted by the City Oouncil
of the City of Ocoee, on the "'J/tt day of p~
A. D. 1939.
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President of the City vouncil of
the City of Ocoee.
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Attest:
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City Olerk of the City of Ocoee.
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Approved this ,/ ~ -:::.
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day of
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, A. D. 1939.
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Mayor of the 0 ty of Oco .