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HomeMy WebLinkAboutDocumentation_Regular_Tab 12D_3/14/1991 a-r b s a . 7/-91--, A VILLAGE OF TEQUESTA , -Pi,. . Post Office Box 3273 • 357 Tequesta Drive Q Tequesta,Florida 33469-0273 • (407) 575-6200 m'; y,,° FAX: (407)575-6203 CN COUKt MEMORANDUM: TO: Village Council FROM: Thomas G. Bradford, Village Manager I DATE: February 22, 1991 SUBJECT: Town of Palm Beach et al. v. Palm Beach County; Authorization to Execute Release; Consent Agenda Item In the early 80 ' s, the Town of Palm Beach and a number of municipalities, including Tequesta, sued Palm Beach County relative to the improper way in which the County was using Road and Bridge Tax Funds. The initial judgment of the court was in favor of the municipalities in December of 1984. Palm Beach County paid the principal amount on October 1, 1987. The Fourth District Court of Appeal ruled that interest was due on the principal amount which accrued from December 1984 until October 1, 1987. In order for Tequesta to receive its share of the interest, the release form needs to be executed as quickly as possible. I need the authorization of the Village Council to execute the release. It is recommended that this authorization be granted. TGB/jmm Recycled Paper BEDELL, DITTMAR, DEVAULT & PILLANS C'� � PROFESSIONAL ASSOCIATION +� ATTORNEYS AT LAW Z �' ? iVA C. HARRIS DITTMAR THE BEDELL BUILDING `/ any LL JOHN A. DEVAULT. III 101 EAST ADAMS STREET • G', (4 CMARLES P. PILLANS.III �'• BEOELC C. WARREN TRIPP. JR. JACKSONVILLE, FLORIDA 32202 j� MICHAEL D. WHALEN TIMOTHY J. CORRIGAN 'E O 4185 211 JANE A. LESTER TELE P7N I lYY 3-9307 THOMAS M. BEVERLY HENRY G. BACHARA.JR. • FRANK M. BEDELL ADAM J. KOHL • MEMORANDUM TO: All City Attorneys and/or Mayors, City Managers and Other Officials (See attached Mailing List) FROM: John A. DeVault, III DATE: February 12, 1991 RE: Palm Beach County v. Town of Palm Beach, etc. • • Case No. 73,956, Supreme Court of Florida As each of you now know, the Florida Supreme Court has entered a judgment in favor of the municipalities in the Road & Bridge matter requiring Palm Beach County to pay interest on the Road & Bridge principal amount due between the period of entry of the initial judgment in December 1984 and the date on which Palm Beach County tendered payment of the principal amount, October 1, 1987. We have suggested to Palm Beach County attorneys that the amount at issue is $270,386, which is precisely the amount we informed them was due after the decision of the Fourth District Court of. Appeal in our favor in 1989. We are awaiting their response. Enclosed please find a form of release for your munici- pality, to which is attached a distribution schedule. As you • know, this relates to interest only, the principal having been distributed in 1987. In accordance with our prior agreement, after reimbursement to the Town of Palm Beach of the monies they advanced for the fees and costs involved in this matter, the balance is distributed in accordance with the ad valorem valuations during the years in question (this is the same basis on which we previously distributed the principal judg- ment) . Memorandum to All City Attorneys and/or Mayors, City Managers and Other Officials February 12, 1991 Page 2 In order for your municipality to receive its payment, you need to execute an original release and forward it to my office as quickly as possible. Once we receive agreement from the County as to the amount due and have an amended final judgment entered by the Circuit Court, we will inform the County to cut and forward checks to each municipality for which we have a release and directions for payment. Should you have any questions about the distribution please do not hesitate to call. JAD:vb Enclosures Town of Palm Beach, et al. v. Palm Beach County Mailing List for Municipalities Municipality Address Atlantis City of Atlantis 260 Orange Tree Drive Atlantis, Florida 33462 Attorney: Trela J. White, Esquire Suite 200 1615 Forum Place West Palm Beach, Florida 33401 Boynton Beach Mayor, City of Boynton Beach 211 South Federal Highway Post Office Box 310. Boynton Beach, Florida 33425-0310 Attorney: Raymond A. Rea, Esquire City Attorney City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Delray Beach City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Attorney: Herbert W.A. Thiele, Esquire Suite 4, 310 S.E. First Street Delray Beach, Florida 33483 Gulf Stream Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Attorney: John C. Randolph, Esquire Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower 505 South Flagler Drive Eleventh Floor Post Office Drawer E West Palm Beach, Florida 33402-3475 North Palm Beach Village Manager Village of North Palm Beach 501 U.S. Highway 1 North Palm Beach, Florida 33408 Attorney: Herbert L. Gildan, Esquire Nason, Gildan and Yeager 1645 Palm Beach Lakes Boulevard Post Office Box 3704 West Palm Beach, Florida 33402 Ocean Ridge Town of Ocean Ridge 6450 North Ocean Boulevard Ocean Ridge, Florida 33435 Attorney: John C. Randolph, Esquire Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower 505 South Flagler Drive Eleventh Floor Post Office Drawer E West Palm Beach, Florida 33402-3475 Palm Beach Town Manager Town of Palm Beach 360 South County Road Palm Beach, Florida 33480 Attorney: John C. Randolph, Esquire Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower 505 South Flagler Drive Eleventh Floor Post Office Drawer E West Palm Beach, Florida 33402-3475 Palm Beach Gardens City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attorney: William E. Brant, Esquire Brant and Baldwin 330 Federal Highway Lake Park, Florida 33403 Riviera Beach John N. Buso, Esquire City Attorney City of Riviera Beach 600 West Blue Heron Boulevard Riviera Beach, Florida 33404 Attorney: Allen V. Everard, Esquire Post Office Box 9035 Riviera Beach, Florida 33419 South Palm Beach Mr. Dennie W. Long Town Administrator Town of South Palm Beach 3577 South Ocean Boulevard South Palm Beach, Florida 33480 Attorney: Michael Buckner, Esquire Steel, Hector, Davis, Burns & Middleton 1900 Phillips Point West 777 South Flagler Drive West Palm Beach, Florida 33401-6198 Tequesta Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 Attorney: John C. Randolph, Esquire Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower 505 South Flagler Drive Eleventh Floor Post Office Drawer E West Palm Beach, Florida 33402-3475 West Palm Beach Director of Finance Post Office Box 3366 West Palm Beach, Florida 33402 Attorney: Carl V.M. Coffin Post Office Box 3366 West Palm Beach, Florida 33402 Town of Highland Beach Town Manager Town of Highland Beach 3614 South Ocean Boulevard Highland Beach, Florida 33487 Attorney: Thomas E. Sliney, Esquire Dilworth, Paxon, Kalish, Kauffman & Tylander Suite 600 7000 West Palmetto Park Road Boca Raton, Florida 33433 Juno Beach Town of Juno Beach 841 Ocean Drive Juno Beach, Florida 33408 Attorney: Preston Mighdoll, Esquire Kohl & Mighdoll 2315 South Congress Avenue West Palm Beach, Florida 33406 Jupiter Jerome F. Skrandel, Esquire City Attorney 321 Northlake Boulevard Suite 111-A North Palm Beach, Florida 33408 Lake Worth Alan Fallik, Esquire City Attorney City of Lake Worth 7 North Dixie Highway Lake Worth, Florida 33460 Lantana Town Manager Town of Lantana 500 Greynolds Circle Lantana, Florida 33462 Attorney: Trela J. White, Esquire Suite 200, 1615 Forum Place West Palm Beach, Florida 33401 RELEASE KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned, being duly authorized by the governing Council of the City below named, for the sole con- sideration of its proportionate share of Two Hundred Seventy Thousand, Three Hundred Eighty-Six and no/100 Dollars ( $270, 386.00), paid by Palm Beach County, receipt whereof is hereby acknowledged, does hereby release, acquit and discharge Palm Beach County from the Amended Final Judgment as to Inter- est Only, dated , 1991, in Town of Palm Beach, et al. v. Palm Beach County, Case No. 82-5252 CA (L) 01 E, directing the defendant Palm Beach County to reim- burse the named municipalities for the interest due on their share of the road and bridge tax funds due them under the opin- ion of the Supreme Court of Florida, Case No. 73, 956 (January 31, 1991) . The undersigned further acknowledges that its propor- tionate share of Two Hundred Seventy Thousand, Three Hundred Eighty-Six and no/100 Dollars ($270,386.00), as indicated on Exhibit "A" hereto, constitutes a full and final satisfaction and settlement of any and all claims that the undersigned City has against Palm Beach County for violation of the road and bridge tax statute, Section 336.59, Florida Statutes (1983), for the fiscal years 1982-83, and 1983-84 (The principal amount of said Amended Final Judgment dated September 17, 1987 having been previously paid by the County and received by the City) . The undersigned hereby authorizes Palm Beach County to make the payment of the principal amount of the Amended Final Judgment to each of the cities in accordance with the Summary of Rebates Due Cities (Exhibit "A" hereto) which is incor- porated into and made a part of this release. IN WITNESS WHEREOF, we have hereunto set our hands and seal this day of , 1991. VILLAGE OF TEQUESTA, a municipal corporation By Attest: Please forward check to: 2. SUMMARY OF INTEREST PAYMENTS DUE CITIES Road and Bridge Tax Case City is of Ad Valorem Amount Due Assessment Atlantis 1.37 $ 3,322. 68 Boynton Beach 8.70 21, 100.21 Delray Beach 13.36 32, 402.16 Gulf Stream 1.04 2, 522.32 Highland Beach 3. 15 7, 639.73 Juno Beach 1. 18 2, 861.87 Jupiter 5.04 12, 223. 57 Lake Worth 5.23 12, 684.38 Lantana 1.88 4, 559.58 North Palm Beach 4.74 11,495.97 Ocean Ridge 1.35 3,274.17 Palm Beach 18.08 43, 849.63 Palm Beach 5. 61 13, 606.00 Gardens Riviera Beach 8.30 20, 130.08 South Palm Beach 1.33 3, 225. 66 Tequesta 2.31 5, 602.47 West Palm Beach 17.33 42,030.64 Total to be distributed to Cities $ 242, 531.12 Reimbursement to Town of Palm Beach for fees and costs 27, 854.88 Total Award of Interest $ 270,386.00 EXHIBIT "A"