122828-Special Meeting798
CITY COMMISSION, SANFORD, FLORIDA,
MINUTES
Special ;[eeting December 28 at 3:30 P K
192s
The City Commission of the City of Sanford Florida met in Special Session at the
City Hall in San£ord Florida at 3:30 P M December 28, 1928.
Present: E F Housholder Mayor - Commissioner
S 0 Chase
Frank L Miller
George A DeCottes
Lucien H Boggs
George H Cairns
F S Lamson
Meeting was called to order.
The reading of the minutes of
was dispensed with.
Commissioner
Commissioner
City Attorney
Associate Counsel
City Manager
City Clerk.
the previous meeting, on motion unanimously adopted,
The Mayor stated that the meeting was called for a conference with the City Attorney and
Nr Lucien H Boggs, as Associate City Attorney, with regard to fees to be paid to said attor-
neys in connection with the pending legal controversy between the City and the Chase Nation-
al Bank of the City of New York, and with reference to certain other legal services heretofore
performed, and to be performed, by said attorneys on behalf of the City of Sanford.
The Mayor stated that at the request of the City Commission he had requested said attorneys
to submit a draft of an agreement to be considered by the City with regard to the fees and
compensation to be paid them in the Chase National Bank suit, and that in accordance with
said request said attorneys had sometime ago prepared and submitted a draft of said fee agree-
ment , copies of which had been heretofre furnished the members of the Commission
A copy of said proposed agreement was presented by said attorneys, and the Clerk was
ordered to file same for further reference.
Said agreement was discussed by the Commission, and after full consideration of the
matter, Commissioner S O Chase offered Resolution No. 3?8, and moved its adoption.
Upon call of the roll, the vote for the adoption of said resolution was as follows:
Commissioner E F Housholer - Aye
Commissioner S O Chase - Aye
Cormmissioner F L Miller - Aye
Nays - None.
Thereupon, the City Atto=ney and the associate City A~torney submitted a letter addressed
to the City Commission, dated December 28, 1928, with regard to said agreement, which letter
was duly read by the Clerk, and same was ordered spread upon the minutes of the meeting
"December 28, 1928
The City Commission;
Sanford Florida.
Sirs:
.. DurSng th~ mQ~th~of No~ember 1928.~$$.yDv.r request, the ~der~igDed s~%m~tted "or ~our.con-
s~aera~zon a araby ox an ag~eemen~ esz~o±~sn~ng ~e compensation ~o ce paza ~o us ~or cervices
heretofore performed, ~nd hereafter to be performed, with regard to the controversy with The
Chase National Bank of the City of New York , now in litigation in the Federal Court in the
State of New Yor$.
This contract has not as yet been formally acted upon by your Commission, and in view of
that fact, and of the fact that there will shortly be a change in the personnel of the Com-
mission, we deem it proper to say that if the agreement submitted is not executed by the pres-
ent City Commission~ or by the incomir~ Con~nission, within a reasonable time hereafter, we reserve
the right to withdv~w th~ ~n~n~,~ nnntr~t ~n~ i~ t~ ~v~t 'hn re-n~ ~b~ ~-h~ ~,~
CITY COMMISSION, SANFORD. FLORIDA,
MINUTES
Special Meeting December
Dec. 28,3:30
499
This statement is made in fairness to you, because the present offer is in the nature
of a compromise, and could not be considered as a legal basis for the establishment of a
fee justly due us.
Very respectfully
George A DeCottes.
LHB:G Lucien H Boggs."
Thereupon, Mr DeCottes and ME Boggs submitted for the consideration of the City Commission
another letter signed by them, dated December 28, 1928, outlining their views as to the
basis of compensation to be paid them for services in divers other matters in which they are
representing the City of Sanford, which letter was ordered spread upon the minutes of the
meeting :
"December 28, 1928
Hon E F Housholder
B 0 Chase
Frank L Eiller
City Commissioners
Sanford, Florida.
Sirs:
You requested that we give you an indication of our ideas as to the proper b~sis for
fixing out compensation for professional services heretofore rendered and hereaf'ter to be
rendered to the City of S~nford Florida in connection with the following matters:
"A" The claim of the City of Sanford against the Receiver of the Seminole County Bank.
"D"
"E"
The Suit brought by the Receiver of Seminole County B~nk against the City.
The Suit brought against the City by the Fifty Third Union Trust Company of Cincinnati.
The Suit brought again t the City by Seminole County, Florida.
Such controversies and/ or suits as hereafter may arise with respect to the so called
time warrants issued by Forrest Lake in his purported capacity as Mayor of the City
to Seminole County Bank and not now involved in litigation.
to fix an arbitrary fee for our services in these matters, nor is it possible at
even to set maximum and minim~n limits therefor.
It requires no argument to show that it is not now pessible , in justice to either party
this time
It is our suggestion that we proceed for the present, with the understanding that we are
to receive fair and reasonable compensation for our services, and with the further u nderstand~
lng that in the event of a dispute between you and ourselves on this point, both parties willI
consent to submit such dispute to statutory arbitration as defined in the laws of Florida.
Yours very truly,
George A DeCottes
City Attorney.
LHB :S
Lucien H Boggs
As Special Counsel for
the City of Sanford Florida.
There being no further business the meeting then adjourned, to meet at ~ P M December 29,
1928.
Attest:
City Clerk.