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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.