Loading...
011128 MINUTES CITY COMMISSION. SANFORD. fLORIDA, Adjourned Session ~;ednesday Jan 11 The City Commission of the City of Sanford, Florida met at the City Hall, in Sanford Florida on Wednesday January llth. 1928 at 1:30 P M. Present: Commissioner E F Housholder (Mayor) # " S 0 Chase " " F L Miller. # City Clerk, L R Philips " City Manager, W B Williams. " City Attorney, George A DeOottes. " City Engineer, Fred T Williams " Chief of Police, R G Williams Minutes of meetings of January 3rd at 2 P M, and of January 3rd. at 2:30 P M read and ~p- proved. Minutes of january 6th, 1928 read , and a correction being ordered, were not ~oprovedi Commissioner F L Miller introduced Resolution $363 and moved its adoption, Commissione~ S 00hase seconded the motion and the roll being called Resolution $363 was unanimously adopted by the following votes: Commissioner E F Housholder Aye " S 0 Chase Aye " F L Miller Aye In words and figures as follows: RESOLUTIO~ $363 WHEREAS, The 0hase National Bank of the City of New York, at 57 Broadway, New York City have in their possession the following unauthorized pretended certificates of indebtedness and unsold bonds of the City of Sanford, Florida, to-wit: Pretended certificate of indebtedness of the City of Sanford, Florida, payable to Seminole County Bank of Sanford, Florida, or order, dated November 8, 1926, payable February 8, 1927 for the sum of $300,000.00 , upon which said certificate of indebtedness has been credited the sum of $100,000.00 Pretended certificate of indebtedness of the City of Sanford, Florida , payable to Seminole County Bank of Sanford, Florida, or order, dated December 2?, 1926, ps,able March 2?, 1927 for the sum of $1OO,000.00 Pretended certificate of indebtedness of the City of Sanford, Florida , payable to Seminole County Bank of ~anford, Florida, or order, dated December 27, 1926, payable March 27, 1927 for the sum of $200,000.00 Oity of Sanfo~d Florida 5~ per cent improvement bonds, series "LL" dated July ~st, 1926, maturing July 1st, 1955~ numbered from 101 to 150 both numbers inclusive. Denomination $1000 each. City of Sanford, Florida 5~ per cent Improyement Bonds, Series "MM" dated July lst. 1926, maturing July 1st, 1956, numbered from 1 to qO both numbers inclusive. Denomination $1000 each. City of Sanford Florida 5~ per cent Improvement Bonds, Series "NN" dated July 1st, 1926 maturing July 1st. 1956, numbered from I to ~O0, both numbers inclusive. Denomination $1000 ea City of Sanford, Florida , ~ per cent Improvement bonds, Series "SS" dated January 1st, 1927, , maturing January 1st, 1957, numbered from 1 to 250 , both numbers inclusive, Denomination $100{ each. WHEREAS,demand has heretofore been duly made on the Chase National Bank of the City of New York for the return of the aboce described pretended certificates of indebtedness and unsold bonds, and WHEREAS, The Chase National Bank of the City of New York has to date failed to comply w said demand for the return of the said pretended certificates of indebtedness and unsold bonds to the City of Sanford, Florida. Lth CITY COMMISSION, SANFORD, FLORIDA, MINUTES January 11 severally fully authorized ~nd empowered as Attorneys for the City of Sanford, Florida to make further demand upon the Chase National Bank of theOity of New York in the name of the City of Ssm~ford, Florida for the return of the said pretended certificates of indebtedness and unsold bonds above described by the Chase National Bank of the City of New York to the City of Sanford, Florida, and, BE IT FURTHER RESOLVED, that the said Attorneys or any of them are hereby fully empowered and authorized as the attorneys and representatives of the City of Sanford, Florida, to ac- cept delivery from The Chase National Bank of the City of New York of the said pretended cer- tificates of indebtedness and unsold bonds of the City of Sanford, Florida, and to execute and deliver unto The Chase National Bank of the City of New York a receipt in the name of the City of Sanford, Florida for said pretended certificates of indebtedness and unsold bonds. BE IT FURTHER RESOLVED, that this resolution shall become effective immediately from and after its passage and adoption. Adopted this day of January A.D. Attest: _ L R Philips Cit~ Clerk. 1928 E F Housholder S 0 Chase Frank L Miller. Commissioner F L Miller then introduce~Resolution ~364 and moved its adoption, motion seconded by Commissioner S 0 Chase ~nd the roll being called, resolution ~36~, was unanimously adopted by the following vote: Commissioner E F Housholer in ff I! F L Miller S 00hase figures as follows to-wit: RESOLUTION $364 Aye Aye Aye WHEREAS, there is now pending a controversy between the City of Sanford Florida, and the Chase National Bank of the City of New York, a national banking association, having its principal place of business in the Borough of Manhattan, City, County and State of New York, by reason whereof it now appears that it will shortly be necessary, in order to protec~ the interest of the said City, to file on its behalf in the United States District Court for the Southern District of New York, a bill of complaint in equity, praying, among other things , for a temporary injunction, enjoining and restraining said Bank as defendant therein from selling, offering for sale or otherwise disposing of now in the hands of said Bank, to the aggregate par value ($740,000.00) Dollars, or the interest coupons appumtenant certain unsold bonds of said 0ity of Seven Hundred and Forty Thousand thereto, or a~y of them, and from attempting so to do; and further praying that, pending the hearing of the application of said City of S~nford, Florida, as plaintiff for such temporary injunction, a temporary restraining order without notice be granted, restraining said bank as defendant therein from doing all or any of the acts aforesaid, and, WHEREAS, in order to obtain such temporary restraining order, it will be necessary for said City as plaintiff to tender and file in said court a good ans s~ufficient surety bond CITY COMMISSION, SANFORD, FLORIDA,. MINUTES Janua~ 11 ; 09 WHEREAS, it is contemplated that upon hearing of the application of said City as plain- tiff, the said Bank as defendant may be further enjoined and restrained by said court during pendency of such suit from doing any or all of the acts aforesaid, but only upon condition that the said City Rhall file a fumther bond in said Coumt in an amount to be fixed by the Court, conditioned similarly to such bond upon temporary restraining order; and, WHEREAS, it is impossible at the present moment to name the surety company by whom said bonds, or either of them, will be executed as surety, or to establish definitely the amount of the penaly upon either of such proposed bonds, but in the opinion of counsel learned in the law it is advisable to tender to the Court in connection with the applicatio~ for the temporary restraining order aforesaid, a bond in the penal sum of Twenty-Five Thousand ($25,000) Dollars substantially in the form following, to-wit: "IN UNITED STATES DISTRICT COURT. SOUTHERN DISTRICT OF NEW YORK. IN EQUITY. CITY OF SANFORD, FLORIDA Plaintiff -against- THE CHASE NATIONAL BANK OF THE CITY OF NEW YORK Defendant. B 0 N D KNOW ALL MEN BY THESE PRESENTS, that we, CITY OF SANFORD, FLORIDA, a municipal corpor- ation organized and existing under the laws of the S~ate of Florida, as principal, and a corporation organized and existing under the laws of the State of and duly authorized to transact the business of a surety company, as surety, are held and firmly bound unto THE CHASE NATIONAL BANK of the 0ITY OF NEW YORK, a national banking asso- ciation organized and existing under the laws of the United States of America, obligee, in the penal sum of Twenty Five Thousand ($25,000.00) Dollars, lawful money of the United States, for the payment whereof well and truly to be made we hereby bind ourselves and our respective successors, jointly and severally firmly by these presents. Signed and sealed this Day of _ 1928 The condition of the foregoing obligation is such that, ~ WHEREAS, on the Day of 1928, ~he said principal as plaintiff in the i above entitled cause has applied for and obtained from the said court an order temporarily restraining the obligee above named as defend~ut therein from doing and performing the various acts and things until the return date named in said order as therein specified: NOW THEREFORE, if the said principal shall well and truly repay to the above na~ed obligee all such costs and damages as may be incurred or suffered by the said obligee should it be found that the defendant has been wrongfully enjoined or restrained hereby, them this obligation to be void, otherwise to remain in full force and effect. CITY OF Sk.,'~FOP,.O FLORIDA. BY: Its Mayor Attest: CITY COMMISSION, SANFORD, FLORIDA, MINUTES Jan ll 28 to execute on behalf of the said City and attest with its corporate seal, bonds as follows~ (a) A Bond to b e filed in connection with the procuring of the temporary restraining orde~ aforesaid in the penal sum of $25,000.00 in form substantially hereinabove set forth. (b) A bond similar in all respects to that authorized by sub-paragraph (a) hereof, except' that the amount of the penalty shall be left blank. (c) A bond similar in form to that set forth hereinabove, except that it shall be in such form as to be applicable for use in the said suit when and if the court should later gran~ the application of the City of Sanford as plaintiff therein for a temporary injunction as~ aforesaid, the penalty of such bond likewise to be blank. 2 The bonds executed as aforesaid shall be delivered to the City Attorney of this City for transmission to Nessrs Hornblower, Miller & Garrison of New York City, who, as the duly appointed special counsel in connection with the litigation aforesaid are hereby authorized $o negotiate with one or more surety companies to execute as surety such of the bonds afor$- said as in the judgment of said firm of Hornblower, Miller & Garrison, it shall be necessary to file in connection with the suit aforesaid. Said firm is further authorized to fill in the amount of penalty in either of the ~wo bonds referred to in paragraph 1-a and 1-b hereof as needed, and in general to do all such further acts and things as may be necessary and convenient to the proper completion, execution and filing of ~uch of the said three bonds as in their judgment it shall be necessary or expedient to file, in accordance with the law, rules of court, and the practice and orders of the said court. 3 The powers hereby reposed in said firm of Hornblower, Miller & Garrison may be exercised from time to time by any member of said firm. 4. This resolution is adopted for the purpose of aiding and facilitating the City of Sanford Florida to protect itself against great, immediate and irreparable injury t~at may accrue to it should said Chase National Bank of the City Qf New York dispose of the said unsold bonds or interest coupons appurtenant thereto to third persons who will be, or will claim to be, innocent holders thereof for value. It shall be liberally construed to affectuate the purpose aforesaid. BE IT FURTHE~ RESOLVED. that this resolution shall become from and after its passage and adoption. ADOPTED, this llth day of January A.D. 1928 Attest: ~ R philips City Clerk. (Seal) effective immediately E F H~usholder s o Erank L Mille= As 0ity Commission of the Oity of Sanford, Floridm Thereupon the City Attorney presented drafts of the three injunction bonds referred to in Resolution No. 364 and requested the execution thereof by the Mayor and the City Clerk. ~ Thereupon, the Mayor and the City Clerk executed each of the three injunction bonds and caUSed the. City Seal to be affixed thereto. On motion made by Commissioner S O Chase and seconded by Commissioner F L Miller, which which unanimously prevailed, that the suggestion contained in a letter from Hall & Pentland Dated Dec. 29, 192? the Auditing Department is instructed under the direction of Hall & Pentland to open up an account to be known as "Interest Account" and at the end of CITY COMMISSION, SANFORD. FLORIDA.. MINUTES Jan 11 19 ~8 On motion by Commissioner S 0 Chase and seconded by Commissioner F L Niller, which unanimously ~revailed, the following were re-appointed to serve at the pleasure of the City Commission: W E White, as Judge of the Nunicipal Court. Miss Ellen Hoy, as City Tax Collector George A DeOottes, as City Attorney M N Cleveland, as Chief of Fire Department. Also appointed Dr. C P Vincent as City Physician to succeed Dr. W T Langley. All of said appointments to take effect as of February let, 1928, and the Clerk was in- structed to inform Dr. Langley that his successor has been so appointed. Report of City Nanager for the month of December was submittedand ordered filed. Report from the Accounting Department covering receipts and disbursements and show- ing the financial condition of the City was duly submitted and filed. Oommunication from the City Attorney submitting custodians Receipt No. 231 issued by the American Trust Co. covering the Federal Reserve Bank's receipt No. 5710 for $25,000.00 in City of Lakeland 5~ Municipal Improvement bond, to be held as Security for funds of the 0ity on deposit with the Sanford Atlantic National Bank, was read and said receipt was ordered filed in the City Safe. 0ommunication from Nahoney Walker Co. Re: Account agaim t the City in the sum of $333.00 was read. Action on same was deferred. Communication from American Legion Post. ~53 , requesting 0ity to deed certain lots to the Post was read, and the Clerk was instructed to write the Post that the City Commission declines to make such deed. Oommunication from~r A D Zachary Re: unfinished apartment house located on Park Avenue near Ninth St. calling attention to fire hazard in the present condition of said build- ing was read and the Oity Manager was instructed to confer with the City Attorney and take necessary steps to close all openings in said building. A Oommittee from the Woman's 01ub and Parent Teacher's City Council came before the Commission and presented a petition for the re-establishing of It was agreed that the matter would be taken up with the local and ascertain if anything can be done. the office of City Nurse. and county school boards Current bills and salaries &s audited and vouchered by the Accounting Department were submitted , examined and approved and the Clerk authorized to draw checks to pay same. There being no further business the meeting adjourned to meet Thursday, January 12th 1928 at 5 O'Clock P M. ~ , - Mayor Attest: ~ City Clerk.