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032928CITY COMMISSION, SANFORD. FLORIDA. MINUTES Adjourned Session March 29th at 3 P ~ ~9. 28 The City Commission of the City of Sanford, Florida met in an adjourned cescion at the City Hall in Sanford, Florida at 3 ~'Clock P N on the 29th day of March A D. 1928 Present: Commissioner E F Housholder (Mayor) " Frank L ~iller City Nanager, George H Cairns. City Clerk, F S Lamson City Attorney, George A DeCottes. Absent: Commissioner S 0 Chase. The City Attorney presented a proof of claim of City of Sanford Florida to be filed with E H Ashcraft, as Receiver of the Seminole County Bank, prepared by the legal department of the City of Sanford, Florida and based upon the audit of the financial affairs of the City of Sanford, Florida, prepared by Hall and Pentland, Certified Public Accountants, said proof of claim, with'its accomanying Schedule "A" and "B" being in words and figures as follows: ~.CHEDULE "A" Seminole County Bank In Account With CITY OF SANFORD, FLORIDA. Ordinary Fund: Cash Account BondPettY_co~on Redemption Account $~ · o az ,6p0.o4 Less overdraft on checking account 5,645.~1 Bond Trusteees Fund: Checking Account Outstanding Vouchers Account Special Assessment Fund: Savings Account Sinking Fund: Savings Account Cemetery Savings Account Total ~ts~uces - Seminole County Bank $3,954.23 556,946.42 324'943'6758Si,890.09 22,081.96 9,870.63 9, 99.85 917,S26.13 SCHEDULE "B" There are outstanding divers paper writings purporting to be time warrants , demand watt,uts, certificates of indebtedness, and other purported evidences of indebtedness executed by divers persons purporting to act as officials of the City of Sanford, Florida payable to the Seminole County Bank or its order. Some of these purported evidences of indebtedness are now actually involved in pending litigation, which may determine the validity or invalidity thereof as legal obligations of the City of S~nford, Florida. Others of said purported evidences of indebtedness are now under investigation by the said City of S~nford, Florida with a view to determining whether or not the City of S~n£ord, Florida will recognize the validity thereof. MINUTES CITY COMMISSION, SANFORD, FLORIDA. ~rch 29, 1928 at 3 P N. 19__ Of City of Sanford, On the State of Florida ) ) County of Seminole) PROOF OF CLAIM Florida, presented to E H Ashcraft, as Receiver of SEMINOLE COUNTY BANK Sanford Florida. Day of ~/~ A D 1928 SS No Personally appeared before me, the undersigned, a Notary Public in and for said ~ount~' and State, E F Housholder, Mayor and member of the City Commission of the City of Sanford, Florida, who being duly sworn, says that the Seminole County Bank, Sanford Florida, is justly ~ndebted to City of Sanford, Florida, a municipal corporation in the sum of ($917,826.13) Nine Hundred and'Seventeen ~uusand Eight Hundred and Twenty-six and 13/lOC--- Dollars, upon the followirg Claim to-wit: Balance due on open accounts subject to check ( as per Schedule "A" Attached) $917,826.13 Balance due on Savings Account Certificate of Deposit No. ~ issued by Seminole County Bank, Certificate of Deposit No. issued by Sehinole County Bank, Liberty Bond Certificate of D~oosit No.. Sanford, Florida. Sanford Florida Sanford Florida. , issued by Seminole Co'muty Bank, Accrued Interest on Christmas Savings Club Cashier's Check issued by Beminole County Bank, Sanford, Florida Certified Check issued by Seminole County Bank, Ssmford, Florida Unpaid Draft No. issued by Seminole County B~muk, Sanford, Florida Unpaid.Draft No. issued by Seminole County Bank, Sanford, Florida Total All Of which is due and payable to Said City of Sanford, Florida, alone it having given no endorsements, transfers, or assignments of the same, or any part thereof, and affiant says that there are no Set-offs, counter claims, or other legal or equitable defenses to 'said claim or any part thereof, except as referred to in Schedule "B" Attached and affiant further says that said Bank holds no note ,check, draft bill or exchange, or any evidence of indebtedness against or otherwise, except as follows, ( Se~l ) said City, except as either as maker, .endorser, security, guarantor referred to in Schedule "B Attached. Ns~le Address Mayor of the City of Sanford Florida. Sworn to and subscribed before me this 2Sth day of ~arch A.D. 1928 Witness my hand and official seal, this 28th day of ~arch A D 1928 Notary Public , State of Florida My Co~mission expires: With reference to all of the paper writings referred to in this schedule, the fore- going claim is filed without prejudice to any contentions which the said City of Sanford Florida has heretofore invalidity thereof. If Florida, or by judgment purported evidances of made' or may hereafter assert with reference to the validity or , however, either by voluntary action of the City of Sanford, or decree of a court of competent jurisdiction, any of the said indebtedness are hereafter ac~,,itted or adjudged to be legal obli- CITY COMMISSION, SANFORD, FLORIDA, MINUTES March 29 _19_ 28 set forth in said proof of claim, and after aI thorough discussion of the matter, the following resolution was offered by Co~issioner Frank L Miller, which ws.s unanimously adopted: "',~HEREAS, the City Attorney has presented a proof of claim of the credit balance of the City of Sanford Florida in checking accounts ~due it by the Seminole County Bank at the time it suspended business on August 6, 1927 and, "'~,~E~[EAS, under the laws of this State, it is necessary for the City of Sanford Florida wihtin one year from the of the Seminole Co~smty B~nk, the of moneys due it by the Seminole "NHEREAS, it is the opinion said 6th day of August 1927, to file with the Receiver claim of the City of Sanford, Florida, properly sworn to, County B~nk, and of this Commission that the foregoing claim of the City of Sanford, Florida against the Seminole Co~muty B~nk, amounting to $917,826.13 is a true and correct statement of the amount due and payable by the Seminole County Bsnk to the City of Sanford, Florida. "THEREFORE, BE IT RESOLVED, that E F Housholder, as Mayor of the City of Sanford, Florida be and he is hereby authorized and empowered to sign said proof of claim and to verify the same in his name as Mayor of the City of Sanford, Florida , for and on be-~ half of the municipality of the City of Sanford, Florida, as its act and deed and to file said proof of claim, when so properly executed, with E H Ashcraft, taking from the said Receiver a proper receipt therefor." Those voting for said resolution were: E F Housholder, Aye Frank L Hiller Aye Nays - None. Co~mmissioner Frank L Hiller introduced Ordinance No. 151 entitled: " AN ORDINANCE GRANTING TO SANFORD GAS CO~dOANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT PRIVILEGE OR FRANCHISE FOR A PERIOD OF THIRTY YE.~RS TO OWN, ~,~INTA$IN AND OPERATE WORKS FOR THE MANUFACTURE AND DISTRIBUTION OF GAS IN THE CITY OF SANFORD FLORIDA ; AND TO CO~[STRUCT, LaY A~D Y~INTAIN PIPES, l,~I~[S AI~D CONDUITS THROUGH, IN OR UNDER ALL THE HIGh,fAYS, STREETS, AVENUES, LANES, SIDEWALKS, BRIDGES, EASEMEiITS AND OTHER PUBLIC PLACES IN THE CITY OF SANFORD FLORIDA FOR THE PURPOSE OF SUPPLYI~IG GAS OF STANDIqD QUALITY TO n ~D FOR THE USE OF SAID CITY OF SANFORD FLORIDA, THE IhN{ABITANTS THEREOF AND TO PERSO~[S AND CORPORATIONS BEYOND THE LI~[ITS THEREOF, FOR LIGHT, HEAT and OTHER PL~POSES, AND I$~OSING PROVISIONS AND CONDITIONS RELATING THERETO." Thereupon Commissioner Miller moved that the rules be waived and said ordinance be placed ~oon its second reading and final passage. By unanimous vote of the Commission the rules were waived, and thereupon said ordir~nce was placed %con its second reading and final passage and read in full. The roll was ordered called upon the passage and adoption of said ordinance, and those voting for the adoption of said ordinance are: E F Housholder, - Aye Frank L Miller Aye Thereupon E F Housholder as Chairman of the City Commission announced that the City Commission by its vote had passed and adopted Ordinance No. 151 entitled: "An Ordinance granting to Sanford Gas Company its successors and assigns, the right privilege or Franchise for a period of Thirty Years to own, maintain and operate works for the manufacture and distribution of Gas in the City of Sanford, Florida, and to con- struct, lay and maintain pipes, mains and conduits through~ in or under all the highways streets, avenues, lanes, sidewalks, bridges easements, and other public places in the City of Sanford Florida for Ithe purpose of supplying gas of standard quality to and for the use of said City of Sanford, Florida~ the inhabitants thereof and to persons CITY COMMISSION, SANFORD. FLORIDA, MINUTES March 29 19 28 provisions thoroughly discussed, and the draft of said conSract as submitted by the City Attorney was approved as to its various provisions, Thereupon E F Housholder, as Mayor and F $ Lamson, ae City Clerk, were directed to execute said contract on behalf of the City o£ Sanford. Florida. On Notion duly adopted the personal property tax of $15.00 against L H Gibbs was cancelled on account of all personal property having been moved from the City prior to Jan~ry l, 1927. There being no further business, Attes~zsp~ City Clerk. the meeting adjourned to meet April ~th, 1928. Mayor