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HomeMy WebLinkAbout120229t4-4 MINUTES Dec. 2 at 9: 30 A M 1 9� CITY COMMISSION, SANFORD, FLORIDA, _ The City Commission of the City of Sanford, Florida, met in adjourned Session at the City Hall in Sanford, Florida at Nine - Thirty O'Clock A.M. December 2, 1929• Present: Commissioner Vivian A Speer, Mayor " Frank L Miller " R A Newman City Attorney, Fred R Wilson City Clerk F S Lamsom. Absent: Commissioner S 0 Chase The purpose of the meeting was to confer further with Mr A F Rawlings, Receiver of the First National Bank of Sanford, Florida, with respect to settlement of City of Sanford claims against the First National Bank of Sanford. After considerable discussion, Commissioner Newman moved that the proposition of Mr. Rawlings to pay the City's account at the First National Bank in full by first offsetting and delivering certain City of Sanford bonds and time warrants, and then paying the balance of the account in cash, be accepted. Seconded by Commissioner Miller and adopted by the following vote: Commissioner Speer Not Voting " Miller Aye " Newman Aye ThereApon, Commissioner Miller offered resolution No. 389, which was seconded by Com- missioner Newman and adopted by the following vote: Commissioner Speer Not voting " Miller Aye " Newman Aye Said resolution being in words and figures as follows: RESOLUTION 398 RESOLUTION AUTHORIZING SETTLEMENT OF CLAIMS OF CITY OF SANFORD, FLORIDA, AGAINST THE FIRST NATIONAL BANK OF SANFORD , FLORIDA. WHEREAS, THE FIRST NATIONAL BANK OF SANFORD, FLORIDA, suspended business on the 12th day of July 1929, and is now in the hands of A F Rawlings as Receiver thereof, and at the time of the suspension of business by said bank, the said CITY OF SANFORD FLORIDA had on deposit to its credit in said bank, together with interest on said accounts therein, the total sum of $134,589.50, including the remainder of one -half of deposits of said City in the Sanford Bank and Trust Compaq and, WHEREAS, The Said First National Bank of Sanford, Florida, had pledged as security for thi deposits of said City of Sanford Florida, in said bank, the following bonds and other securities, to- wit: City of Sanford, Florida, Public Improvement Bonds numbers 12,15,16,17,18,19120121,22,23 24, 25,26,27, and 28 dated July 2, 1923; Numbers 468, 469 ,470,471,472,4732474,475,476, 477 and 478 , dated July 1, 1922; City of Sanford Florida, Refunding Bonds dated January 1, 192$, numbers 174, 175, 1962 197, 198,2 199, 200 , 221,222, 223, 224, 225,246,2472248,249,250,271,272 273,274,275,2962297,2982299p3OO ,321,322232323242325,3462 347 ,348,349,350,371,372,373,374, each in the principal amount of $1000.00 67 City of Sanford bonds totaling ------ -- -------------------------------------- -- $67,000.00 City of Homestead Florida Bonds dated May 1, 1924, numbers 59,60,106,107,108,109 110912127, 128', 129 ,130,131,132,147,1492177,179, 1482196,179,1g0,18`1,182,1952197, i MINUTES CITY COMMISSION, SANFORD, FLORIDA, Dec. 2 at 9:30 A M 19_29 209,210,211,212,214,213 each in the principal amount of $ 1000 .00 ----------------- $32,000.00 County of Marion, Florida, Road Bonds numbers 999 ,999,997,394,395,393, each in the principal amount of $ 1000. 00 ---------------------------------------------------- --$ 6,000.00 County of Sarasota, Florida Highway Bonds, numbers A76,A77,A91,A82,A93, each in the principal amount of $ 1000. 00 --------------------------------------------- $ 5,000.00 Seminole County Florida, School Warrants, Numbers 9 and 9, each for $ 1000. 00 ----------------------------------------------- $ 2,000.00 and, WHEREAS, Said First National Bank of Sanford at the time of its suspension as aforesaid, was the owner of the following described bonds of said City of Sanford, Florida, to -wit: City of Sanford Florida, Public Improvement bonds numbers, 12115,16,17,19,19,20,21,22 145- 23,24,25,26,27 and 29, dated July 2, 1923; Numbers 469, 469, 470 ,471,472,473,474,475,476,477, and 479, dated July 1st, 1922; City of Sanford, Florida, Refunding Bonds dated January 1, 1929, numbered 174,175,196>197,199,199,200, 221, 222, 223, 224, 225, 246, 247,249,249,250,271,272,273,274 275 ,296,297,299,299,300,321,322, 323, 324, 325,346,347,34$,349,350,371,372 373,374, each in the principal amount of $ 1000. 00 --- --- ------------ — -------------------- ---------- $67,000.00 also: 6% Improvement bonds , Series A -BB numbered 149, 149,150,151,152,153,154,155,156 and 157, each dated January 1, 1926 and being in the denomination of $1000.00 each, with interest coupons in the sum of $30.00, all of said bonds maturing July 1, 1929 - $10,000.00 and, WHEREAS, the said Receiver of the First National Bank of Sanford, Florida, also has in his possession the following described so- called or purported time warrants: Purported City of Sanford Time Warrant No. 10967 dated July 21,1927 purporting.to be payable to Seminole County Bank or order out of the Ordinary Fund of said City, six months from date., , in the sum of-- --------------------------------------------- $10,000.00 Purported City of Sanford Time Warrant No. 10967 dated July 21, 1927; purport- ing to be payable from the Ordinary fund of said City to the Seminole County Bank or order, six months from date, in the sum of----------------------------------------------- 0 5,000.00 Purported City of Sanford Time Warrant No. 10967 dated July 21, 1927, pur- porting to be payable from -the Ordinary Fund of said City to the Seminole County Bank or order, six months from date, in the sum of ------------------------------- $ 59000.00 Purported City of Sanford Time Warrant No 10917 dated June 30, 19x7, and purporting to.lbe payable out of the Ordinary Fund of said City to the Seminole County Bank or order six months from date, in the sum of --------------------------------- $ 4,000.00 as to all of which said purported time warrants the City denies any liability thereon and contends that said above described purported time warrants do not constitute a legal obligation of the City of Sanford, Florida, for which its credit is pledged. and, WHEREAS, The total amount of the aforesaid bonds of said City of Sanford, Florida, pledged by said First National Bank of Sanford, Florida, to secure the aforesaid deposits of the said City of Sanford, and said bonds owned by said First National Bank , together with interest accrued to July 11 1929, is the sum of $79,310.00, exlcusive of said so- called time warrants with accrued interest thereon to July 1, 1929, leaving a difference between the amount of said deposits and said bonds owned and pledged by said First National Bank of Sanford, Florida of.$55,279.50, exclusive cif said purported time warrants with accrued interest thereon held 146 MINUTES CITY COMMISSION, SANFORD, FLORIDA, Dec . 2 at 9:3.0 P It 19.E 3 by the said First National Bank of Sanford as aforesaid, and A F Rawlings, as Reveiver of Said First National Bank by and with the approval of the Comptroller of Currency of the United States, has offered to surrender to said City of Sanford, Florida, all of the afore- said City of Sanford bonds owned and/or pledged by it to secure said deposits, together with matured, unmatured and unpaid interest coupons thereon, and also to surrender the aforesaid so- called time warrants of said City of Sanford, ind to pay to said City of Sanford the sum, of $27,464.43 in cash, in settlement of all claims of said City against said First National Bank by reason of the aforesaid deposits, upon the return by said City of Sanford to him, the said A F Rawlings, as Receiver as aforesaid,of the aforesaid City of Homestead , Florida, bon County of Marion Florida road bonds, County of Sarasota highway bonds, and two Seminole County Florida school warrants Nos S and 9, which were also pledged as security for said City of Sanf ord,deposite; NOT ruMSPORE, Be It Resolved by the Oity Commissioners of the City of Sani'ord, Florida, that the aforesaid offer of the said A F Rawlings, as Receiver of the Said First National Bank of Sanford, Florida, to surrender to said City of Sanford the above described City of Sanford, Florida, improvement bonds in the denomination of $1000.00 , totaling $67,000.00 principal with all matured, unmatured and unpaid coupons thereon, and also the above described ten six - per cent Improvement bonds, Series A -BB , in the sum of $1000.00 each with all matured, unmatu and unpaid coupons-thereon, said bonds maturing July 1, 1929, and also said purported City of Sanford Time warrant No. 109671 in the sum of $10,000:00 Dated July 21, 1927, and purported City of Sanford Time Warrant No. 109671 dated July 21, 1927 in the sum of $5000.00 , and also purported City of Sanford Time Warrant No. 109671 dated July al, 1927 in the sum of $5000.00, and also purported City of Sanford Time Warrant No. 10917 dated June 30, 1927 in the sum of $4000.00 and to pay to said City said sum of $27,464.43 in cash in settlement of all claims of said City against said First National Bank of Sanford, be and the same is hereby accepted and the City Clerk and Auditor of said City of Sanford is hereby authorized to execute and deliver to said A F Rawlings, as Receiver-ad aforesaid, proper receipt for said bonds and coupons and said money and to deliver thelaforesaid City of Homestead bonds, County of Marion road bonds, County of Sarasota Florida highway bonds, and Seminole County School War- rants Nos 9 and 9 to the said A F Rawlings as Receiver as aforesaid, taking proper receipt therefor. BE IT FURTHER RESOLVED, that surrender and delivery of said bonds be-and they are hereby accepted of and from the said A F Rawlings, as Receiver of said First National Bank, without any concession or admission as to the validity thereof, and without prejudice to the right of Said City to assert the invalidity of any other bonds of said City that may now or hereafter be questioned or involved in any litigation. .I BE IT FURTHER RESOLVED, That the surrender by said Receiver to the City of Sanford, Florida of said so- called purported time warrants, and the acceptance thereof by the City of Sanford, Florida, shall not be deemed and considered as any admission by said City as to the validity o said purported time warrants, or any of them, or as any legal obligation on the part of the City of Sanford, Florida, to pay and discharge said purpotted time warrants as obligations of the City of Sanford Florida, and said purported time warrants are accepted by the City of Sanford, Florida, in a compromise settlement and adjustment of its financial affairs with said Bank and said Receiver and without any prejudice to the right of the City to assert the invalidity of any and all so- called time warrants of said City that may now or may hereafter be questioned or involved in any litigation pending or threatened, or that may hereafter arise; 11 1 II r 1 1 and, MINUTES CITY COMMISSION, SANFORD, FLORIDA, _Dec. 2 at 9: 30 A M i9____29 BE IT FURTHER RESOLVED, That the settlement and adjustment of the accounts of the City of Sanford, Florida , as hereinabove expressed and set forth has been made, after mature consideration, by the City Commission in the interest of the taxpayers and citizens of the City of Sanford, Florida. The foregoing Resolution was adopted this 2nd day of December 1929• R A NEWMAN FRANK L MILLER As City Commissioners of the Attest: City of Sanford, Florida. F S LAMSON City Clerk ( Seal) Commissioner Miller next moved that in accordance with Resolution No. 399 heretofore passed and adopted by the City Commission, that Bond Trustees Frank L Woodruff,Sr. , Walter L Cooper and R B Wight be directed to turn over and deliver to F S Lamson, City Auditor and Clerk , the following securities in their possession as said Bond Trustees, for disposition by the City Clerk in accordance with the provisions of said Resolution No. 399: Fifteen City of Sanford, Florida Public Improvement Bonds dated July 2, 1923• Eleven City of Sanford Public Improvement Bonds dated July 1, 1922. Forty -one City of Sanford, Florida Refunding Bonds dated January 1, 1929. Thirty -two City of Homestead , Florida Bonds dated May 1, 1924. Six County of Marion, Florida, Road Bonds. Five County of Sarasota, Florida Highway Bonds. Two Seminole County Florida School Warrants. Seconded by Commissioner Newman and carried by the following vote: Commissioner Speer Not voting " Miller Aye " Newman Aye The meeting then adjourned. Attest: City Clerk. Mayor 147