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061328-Special SessionCITY COMMISSION, SANFORD. FLORIDA. minUTES Speci_a~ Session 395 June 13th at 2 O'Clock P M 1528 The City Commission of the City of the City Hall in Sanford Florida at two O'Clock P M June 13, property section: Lots 12, Sanford, Florida met in Special Sessiom at 1928. Present: Commissioner E F Housholder, Mayor. " S 0 Chase " Frank L Miller. City Attorney George A DeOottes. City Clerk, F~.S.Lamsom City Manager, George H Cairns. Recommendation from City Plahning Commission to cause the following described to be placed on the Official Zoning Map of the City of Sanford as a local business 13, 18 and 19 Wellington's Additiom and the E. 120 ft. of Frank L Miller property on Park Ave. between Sixteenth St. and the Railroad; also the property of Mrs Munson on the East side of Park Ave. and adjacent to the Oviedo Branch of the A C L. R.R.; was again brought up for consideration. 0ommissioner Chase moved that the recommendation of the City Planning 0ommission be rejected, and~oon the roll being called the vote stands as follows: Oommissioner Housholder Aye " Ohase Aye " Miller Nay Thereupon the Chairman announced that the recommendation of the City Planning Commis. sion had been rejected. Upon motion duly adopted, the Clerk was notified to instruct the Clerk of the Cir- cuit Court to accept $413.16 payment in full of taxes against Lots 30 to 38 Inclusive Block C, South Sanford for the years 1911 to 1927 inclusive, this amount representing the total of the taxes against this property for the ycars given, plus interest on the taxes for the years 1925 and 1926, the interest on the taxes for the years preceding 1925 being ordered cancelled. Invoice of the City Attorney for $82.00 Housholder amd Miller, and Attorney DeOottes to covering travel expensesof Co~uissioners Tallahassee and return, to confer with State Comptroller Amos with reference to the threatened petition of intervention of Mr Ashcraft, Receiver of the Seminole County Bank to the validation of $425,000.00 Refunding Bonds, in order to force the City to accede to his demands that certain so-called obligations of the City, the legality of which is now before the Courts , be assumed and arrangements made to make payment thereof, approved and payment thereof ordered. Invoice of City Attorney DeOottes for $198.10 representing office help and stamps in connection with steps ordered by the City Commission for the enforcement of the payment of delinquent paving installments, approved. Invoices of Sanford Signal, amounting to $157.08 advertising in connection with sale of $425,000.00 issue of bonds, and $183,000.00 of issue of $693,000.00 ~oproved. Commissioner Miller offered Resolution No. 369, which was unanimously adopted, said resolution being in words and figures as follows: RESOLUTION NO. 369 MINUTES CitY COMMISSION, SANFORD, FLORID~]~eolal Meeting , June 13,at 20Clock P N embarrassed due to the loss of its funds on deposit with the Seminole County Bank, and 7~EREAS, the governing authority of said City realizing steps should be taken to re- habilitate the financial ~fairs of said City, and WHE.qEAS, a~ter much study and consideration, and after cons~ulting those authorities thoroughly advised as to matters of finance, a refinancing plan was adopted by the governing authority of the City of Sanford, Florida, providing for three separate issues of bonds to be authorized and issued during the period of time from ~anuary l, 1928 to July l, 1928, to provide funds with which to pay and discharEe valid obligations of the City of Sanford, Florida for which its credit was pledged, and ~EREAS, the governing authority of said City has heretofore authorized and issued two issues of bonds the proceeds of which have been used and expended to pay the just debts and obligations for which the credit of the City was pledged, and WHEREAS, the last issue of bonds under said refinancing plan for the aggregate eum of $425,000.00 was heretofore authorized by bonding resolution No. 368, adopted Nay 14, 1928, mne proceeds of said bonds authorized by said resolution being for the amount reGuired to fully pay and discharge the remaining and outstanding valid obligations of the City of Sanford, Florida, for which its credit is pledged, including the principal of certain bonds aggregating $160,000.00 and the interest thereon, and the interest on certain other bonds aggregating $174,560.00 maturing on July l, 1928, and V~EREA$, the said City of Ssy~ford, Florida is without s~fficient funds with which to meet its bonded obligations of principal and interest which become due on July 1st, 1928 save and except from the sale and disposition of the bonds authorized by said bonding reso- lution No. 368, and WHEREAS, upon the adoption of said bonding resolution, proceedings were instituted in the Circuit Court of the Twenty-third Judicial Circuit of the State of Florida, in and for Seminole County, for the purpose of having said issue of bonds in the sum of $425,000.00 validated and confirmed ~ a decree of said Court, the return date of said validation proceedings being the llth day of June A D 1928, and WHEREAS, since the failure of the Seminole County Bank the City of Sanford, ~lorida has instituted injunctional proceedings in the Federal Court in the City of New York, State of New York, for the recovery of SY~o,o00.O0 of bonds of the City of Sanford, Florida, which had no legal inception and for the recovery of purported certificates of indebtedness of the City of Sanford, Florida,.aggregating $500,000.00 , al~ of which said bonds and purported certif- icates of indebtedness~ without any authority of law whatsoever were prior to the failure of the Seminole County Bank assigned by said Seminole County Bank to the Chase National Bank of New York, as collateral security to a loan of Several Hundred Thousand Dollars made by the Chase National Bank of New York to the Semihole County Bank, and WHEREAS, a temporary injUnction has been granted by the Federal Cou~t in the City of New York to the ~City of Sanford, Florida, in said proceeding, and WHEREAS, said proceeding is still pending and undetermined in said Court, and WHEREAS, since the institution of said injunctional proceedings in New York, E H Ashcraft, as the Receiver of Seminole County Bank, has brought suit against the City of Sanford Florida for the recovery of the eum of $51,500.00 evidenced by a purported so-called time warrant CITY COMMISSION, SANFORD, FLORIDA: MINUTES Special Session June 13, 192M at 2 W ~. pledged, is denied by the governing authority of the City of Sanford, Florida,., ~nd said pro- ceeding in the State Court is now pending and undetermined , and, WHEREAS, the credit balance of the City of Sanford Florida, for funds on deposit with the Seminole County Bank, is far in excess of any sums of money claimed and alleged by E R Ashcraft to be due him by the City of San~ord, Florida, as Receiver of the Seminole County Bank, and WHEREAS~ on the ?th day of June 1928, the said E H Ashcraft, appeared before the City Commission of the City of Sanford, Florida, and at that time threatened to file a petition of intervention in the validation proceedings for the purpose of contesting~the legal right and authority of the City of ~anford, Florida to issue bonds in the sum of $425,000 under the bonding resolution a~oresaid unless the City of Sanford, Florida would immediately enter into an agreement with him as the Receiver of Seminole County Bank, to withdraw the legal proceedings pending in the Federal Court in the State of New York, the legal proceedings in- stituted by him to also be withdrawn and to acknowledge an indebtedness by the City of Sanford Florida, to Seminole County Bank and the 0hase National Bank of New York in the sum of approx- imately $737,ooo.oo WHEREAS, the governing authority of the City of Sanford, Florida, refused to consider said preposterous suggestion of the said E H Ashcraft, and WHEREAS, on the 8th day of June A D 1928, the said E H Ashcraft, as Receiver of Semi- nole County Bank, and as a taxpayer and citizen of the City of Sanford, Florida, as the Receiver of Seminole County Bank, did file in the ~ircuit Coumt of the Twenty-third Judicial Circuit of Florida, in and for Seminole County, in said validation proceeding an an- ewer to the citation to the taxpayers to show cause a~d petition in intervention attacking the legal right of the governing authority of the City of Sanford, FloricL~, to issue bonds of the City of Sanford, Florida, in the sum of $425,000.00 as aforesaid, and WHEREAS, upon the filing of said answer and peition by the said E H Ashcraft , on to- wit,: the llth day of June 1928,. the said E R Ashcraft, accompanied by his attorney, Samuel R Dighton, again appeared before the City Commission of the City of Sanford, Florida in session assembled and submitted a further proposition to said governing authority in writing, in words and figures as follows: "To The Hon. City CommissiOn of the City of Sanford, Florida: Gentlemen: With reference to the Petition in Intervention filed by me in the Circuit Court of Seminole County on behalf of the Seminole County Bank as a taxpayer ,, I submit the following proposition for your consideration: I will withdraw the petition and my objections to your proposed refunding bond issue, if you will first enter into a written agreement to arbitrate, within thirty days, with me and the other holders of your obligation paper through assignment from the Seminole County Bank, the question of your liability thereon to the Seminole said arbitration to be made a rule of court from which there In explantion of my position, I desire to point out County Bank and such other holders shall be no appeal. that the affairs of the Seminole County Bank can never be liquidated so long as the question of the liability of the 0ity~ said Bank upon paper aggregating more than $?00,000 remains undetermined. CITY COMMISSION, SANFORD, FLORIDA, MINUTES Special Session June 13, at 2 P M 19 28 of the City through a large increase in your bonded debt. The essence of the matter is whether the City is indeed liable upon these obliga- tions. If it is not, I have no desire to interfere with your refinancing plans. If it is, justice to the depositors of the Seminole County Bank demands that provision' should be made for the prompt payment of these debts. I.am convinced that your approval of this proposition will result: 1. In clearing the financial atomsphere of this com~manity. 2. In settling many intricate and perplexing questions which in a large measure arel responsible for our present financial unrest. 3. In sooner completi~ the liquidation of the Seminole County Bank which is a de-~ velopment greatly to be desired, not only for the best interests of the depositors but of th$ community as a whole. 4. In greatly increasing the dividends to the depositors of the Seminole County Bank. its credit 5. In assisting you in refinancing the City upon a basis that will insure and materially reduce the tax burden upon the people. 6. In saving to the City and the depositors of the Bank many thousands of standing dollars im attorney fees and other expenses which would otherwise be spent in protracted litigation. Your refusal to accept the above suggestion can only be construed as disregarding the rights of the depositors of the bank ~nich I represent as a Receiver, in which event I will feel amply justified in proceeding with my petition in Intervention to protect such depositors, and I shall resist with all the power at my command your present policy of paying. your other creditors through large increases in your bonded debt to the exclusion of our Very truly yours, E H ASHCRAFT" claims.. And, WHEREAS, the City Commission upon consideration of said written proposal of the the said E H Ashcraft, as Receiver of Seminole County Bank, duly rejected the same, advising the said E H Ashcraft that in its opinion, Courts of competent jurisdiction were the only tri- bunals in which matters of controversy, public in character involving vast sums of money and the rights of/large number of ta~oayers and citizens, should be adjudicated and finally determined, and ~'~%tEREAS, on the 13th day of June A D 1928, the validation proceeding pending in the said Circuit Court and the answer and petition in intervention of the said E H Ashcraft as Receiver of Seminole County Bank, came on for final hearing, and after due consideration by the Court a decree was made and entered striking the answer and petition of the said E H Ashcraft, and validating and confirming the legality of said issue of bonds of the City of Sanford, Florida, in the sum of $425,000.00 thereby placing in repose all questions of law and fact involved in the authorization of the issuance of said bonds, in the sum of $$25,O00.00, and. WHEREAS, it is essential for the City of Sanford, Florida to sell and dispose of said funds validated issue of bonds on or before July l, 1928, in order to provide/for the payment of the principal and interest of bonded obligations of the City of Sanford, Florida, maturing on said date, and CiTY COMMISSION. SANFORD. FLORIDA. miNUTES Special Session June 13, at 2 P ~ 399 ~9. 28 and said City will forever stand in the eyes ~f the financial world as a municipality that defaulted in the payment of its bonded obligations of principal and interest, and WHEREAS, should such a condition arise, the result thereof will cause irreparable injury and damage to the citizens and tax payers of the City of Sanford, Florida, and will tend to further depreciate the value of property, real and personal located in said City, and will cause said municipality to bear a reputation as a community having no regard for its binding obligations, and WHEREAS, should E H Ashoraft, as Receiver of Seminole County Bank take an appeal fro~ the decree validating and confirming the legality of said issue of bonds in the sum of $425,000.00 the judgment and decree of the Circuit Court of the Twenty-third Judicial Circuit of Florid~ validating Said bonds c~n not be confirmed by the Supreme Court prior to August 6th, 1928, and WHEREAS, a decree of validation tends to give a marketability to negotiable municip~ bonds, and WHEREAS, THE pendency of an appeal to the Supreme Court of this State from the I decree made and entered validating the legality of said issue of bonds in the sum of $425,000.00 .greatly tends to retard and handicap the governing authority of the Ofty of Sanfor( Florida in selling and disposing of said bonds at an advantageous price, and may possibly prevent said governing authority from making a sale of said bonds prior to the decision of the Supreme Oourt of the State of Florida, and WHEREAS, two similar issues of bonds b~sed on the same authority of law for the issuance thereof have been heretofore authorized by the governing authority of the City of Sanford, Florida, validated and confirmed by a decree of the Circuit ~ourt of Seminole Oounty, Florida, .and sold and delivered by the City of Sanford, Florida, and WHEREAS, many municipalities in the State of Florida have invoked the same &~thority of law which has been invoked by the City of Sanford, Florida, for the authorization and issuance of refunding bonds, and WHEREAS, the authority so invoked heretofore by the City of Sanford, Florida, and o~ municipalities has never been questioned or challenged by any taxpayer and citizen, and WHEREAS, attorneys of national repute in the City of New York well versed in the law of municipal secu~ities whose opinion as to the validity of municipal securities gives market- abilit~ the~o and is acceptable by the investing public have heretofore approvingly passed on similar issues of bonds by the City of Sanford, Florida, and other municipalities of the State of Florida, issued under the same authority of law invoked by the governing authority of the City of Sanford, Florida for the issue.rice of said bonds in the sum of $425,000.00, and WHEREAS, the said E H Ashcrsfft has taken the position that his purpose in intervening the validation proceeding aforesaid was to bring pressure to bear upon the governing authority of the City of Sanford, Florida to cause them to stifle litigation and tO accede to his demand that the matters in controversy between the City of Sanford, Florida, and E H Ashcraft, as Receiver of Seminole County Bank, and the Chase National Bank of New York be settled by arbit~a- tion and to embarrass , hinder and delay the governing authority of the said City in the sale and disposition of its securities in time to prevent a default in the payment of its bonded obligations maturing on July l, 1928, and ~THERNAS. it is the firm conviction of this Commission that there i~ ~b~l~t~lv ~ her in 400 ._C.~T~/ COMMISSION, SANFORD, FLORIDA, MINUTES S_m~ial Session June 13, at 2 P M ~9 28 bear on this Commission to stifle litigation and force the determination by arbitration of t~ matters in controversy between the City of Sanford, Florida, the Seminole County Bank and the Chase ~ational Bank and with utter disregard to the future welfare, progress and prosperity of the City, and, WHEREAS, the said E H Ashcraft has twice publicly declared to this ~ommission that he has no concern for the future welfare of the City and that it is a matter of indifference to him whether, by the action he threatened to take, and has since taken, the credit , finan~ cial standing and integrity of the City of Sanford is impaired, ruined and blasted, and whereas he has further stated that his chief and only concern in the attitude assumed is to force an immediate determination of the aforesaid matters in controversy notwithstanding said matters are now in process of determination in courts of competent jurisdiction, therefore, ~ BE IT RESOLVED, that we, as the governing authority of the City of Sanford, Florida,~ stamp with our whole hearted disapproval the action of the said E H Ashcraft, as uncalled for , unnecessary, and serving no useful purpose, as said action and conduct on tn~ ~rt of the said E H Ashcraft in no way tends to adjudicate the existing controversies between the City of Sanford, Florida, E H Ashcraft, as Receiver of Seminole County Bank and the Chase National~Bank, but on the contrary places a stumbling block in the way of the governing authority by the impairment of the credit of the City of Sanford Florida, should in the future it be necessary for the City of Sanford Florida to issue securities to provide funds for the payment of any valid claim successfully maintained against the City of Sanford, Florida, by the Said E H Ashcraft, as Receiver of Seminole County Bank. BE IT FURTHER RESOLVED, that a copy of this resolution be furnished unto Ernest Amos , Comptroller of the State of Florida for his perusal and careful consideration, and that said Comptroller be and he is hereby requested, upon the consideration of this reso- lution in the interest of good citizenship, good government and for the protection of the interests of the taxpayers of the City of Sanford, Florida,. and in order to preserve the financial integrity of said municipality, to direct and instruct the said E H Ashcraft, as Receiver of Seminole County Bank, not to take an appeal from the decree validating and confirming the legality of said issue of bonds in the sum of $425,000.00 so that all questions of law and fact with regard to the legality of said authorized issue of bonds may after the date of the expiration of time withi~ which an appeal may be remain in repose. Adopted this 13th d~y of June A D 1928. Attest: F S City Clerk. (Seal) taken to the Supreme Court E F Housholder, S 0 Chase -~__ Frank L Miller As the City Commission of the City of Sanford, Florida. Upon motion duly adopted Chief of Police Williams was ordered to release Frank Howard