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HomeMy WebLinkAbout07-17-1945 I I . I 109 MINUTES OF THE REGULAR MEETING OF THE OITY OOUNOIL OF THE CITY OF OCOEE, FLORIDA, HELD TUESDAY. JULY 17. 19~5 Present: Oouncilman Farmer, Slone and Whitaker, and Mayor Calhoun. Absent: Oouncilmen Fields and Minor. A quorum present. The meeting was called to order by Chairman Farmer at 8:30 P. M., and the minutes of the last regular meeting of June 18, 1945 were read and approved. Councilman Whitaker made a motion to approve the payment of the following bills: (a) From the Waterworks Fund: Olerk's salary to 7-l-~5 Waterwork's man salary to 7-1-45 Waterwork's man salary to 7-15-45 Florida Power Corp. pump bill to 6-6-45 M. C. Bryan, services in water Department Badge Meter Mfg. Co. six water meters (b) From the General Fund: Cash paid out for phone calls Roy E. Burgess, 500 letterheads $31.50 30.00 30.00 51.15 9.00 72.00 .70 5.75 The motion to pay the aforesaid bills from the funds above mentioned was seconded by Oouncilman Slone, and carried by a vote of the Council. The Florida Power Corporation submitted its Tax Return dated June 22, 19~5 for the tax year of 19~4 in the amount of $7,260.00 The assessment carried on tax roll book and set by the Oouncil is $11,500.00. councilman Whitaker made a motion to accept the Power Corporation's figure for the 19~4. this motion was seconded by Oouncilman Slone, and carried by a vote of the Council. Approximately fifteen boys and girls representing the Youth's Center were present, to discuss with the Oouncil the rent problem and ways and means to pay the $10.00 per month for the use of the Tailer Camp~ also the problem of having the plumbing fixed from leaking water and flooding the place. After a very lengthly dis- cussion, The Council offered the Oamp to them, providing they would keep all grounds cleaned and keep up the building and repairs free of charge, and for them to report back to the Council at the next regular meeting August 6th. A resolution in cQnnection with the Lester Harris Judgment was brou ght before the Council to be read, discussed and accepted or refused, being in words and figures as follows: The following resolution was read in full by Councilman Whitaker, who moved its adoption, which motion was seconded by Councilman Slone, and thereupon the following vote was had upon said resolution: AYES: C. J. Farmer; B. M. Slone and J. E. Whitaker NAYS: None ABSENT: S. Z. Fields and John T. Minor NOT VOTING: NONE A quorum present. The resolution so adopted was in the following words and figures: I I I 111 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF OCOElZ FLORIDA TO ENTER INTO AN AGREEMENT WITH LESTER HARRIS; A CREDITOR OF THE CITY or OCOEE, FLORIDA FOR THE PURPOSE or SETTLING AND DISPOSING OF THE OLAIM OF SAID LESTER HARRIS AGAINST SAID CITY OF OCOEE. - IBEREASi Lester Harris, on February 12, 19~2, recovered a judgment in the Oircuit Oourt of the Ninth JUdioial Circuit of Florida in and for Orange Oounty, in a oertain casue entitled Lester Harris, Plaintiff, vs. City of Ocoee, Florida, Defendant, Oommon Law, No. 11165, in the sum of $10,000.00, plus oosts in the sum of $22.10, making a total of $10,022.10, and on whioh judgment a balanoe is due thereon as of January 1, '19~5 in the sum of $11,280.68; and WHEREAS; the City of Oooee, Florida is now proceeding under the provisions of Ohapter IX of the Munioipal Bankruptoy Aot, (11 U.S.C. ~Ol- ~03) for the purpose of composing its indebtedness; and WHEREAS, the olaim of Lester Harris is based upon services rendered and not upon bonded indebtedness, and in order to resolve all matters in said oause so that said Oity may proceed with its said oomposition, it being understood that it could not proceed in any manner unless some adjustment was made in this claim, it is expedient that an agreement be entered into with said Lester Harris for the settlement of said claim, and that said agreement be approved by the United States Distriot Oourt in the composition proceeding; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE OITY OF OCOEE, FLORIDA, IN SESSION DULY AS~EMBLED: Seotion 1. That W.H. Calhoun, Mayor of the Oity of Ocoee, Florida, be and he is hereby authorized and instructed to enter an agreement with Lester Barris, Plaintiff, in that ,certain oause entitled Lester Harris,Plaintiff, vs. City of Oooee, Florida, Defendant, Oommon Law, No. 11165, and the Oity Clerk be and he is hereby authorized and iQ~ struoted to attest the signature of said Mayor to said agreement and impress the seal of the City thereon. Section 2. The agreement shall be in words and figures as follows: A G R E E MEN T This agreement made_and entered into this 17th day of July , A. D. 19~5, by and between LESTER HARRIS, of Orlando, Orange Oounty, Florida, party of the first part, and the OITY OF OCOEE, FLORIDA, a munioipal corporation organized, created and existing under the laws of the State of Florida, party of the second part. I I I 113 WIT N E SSE T H: WHEREAS, on the 12th day of February, 1942, party of the first part, Lester Harris, recovered a judgment in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, common law action, No. 11165, against the pa~ty of the seoond part, City of Ocoee, which said judgment was for the sum of $10,000.00, plus costs in the sum of $22.10, and on which there is a balance due as of January 1, 1945 in the sum of $11,280.68, which said jUdgment was based upon personal services rendered by said Lester Harris to the Ci~y of Ocoee, as attorney; and WHEREAS, City of Ocoee, party of It he second part, is now proceeding under the provisions of Chapter IX of the Bankruptcy Act (11 U.S.C. 401- 403) for the purpose of composing all of its indebtedness, bonded or otherwise, and in consideration of the said City being in default on its bonded indebtedness,.and in consideration of all other creditors composing their claims against said City, it is deemed expedient that an agreement be made with said Lester Harris for the purpose of disposing of his claim against the City. NOW THEREFORE, for and in consideration of the mutual promises and agreements hereinafter made and entered into, and in consideration of other creditors relinquishing their rights against said Oity of Ocoee, and in consideration of all other matters hereinafter set forth, it is hereby agreed as follows: 1. The party of the second part hereby agrees to pay unto the party of the first part in satisfaction and extinguishment of his judgment against the City of Ocoee, in lieu of delivering .said party of the first part bonds or other evidences of indebtedness of said City, the sum of Seventy-five Hundred ($7500.00) Dollars, with interest thereon at the rate of two and one-half percent per .annum from July 1, 1945, which sum, with interest thereon as above mentioned, is to be paid in twenty instalments as follows: The first instalment is due, upon the entry of the Interlocutory Decree in the composition preoceedings, in the sum of '375.00, plus interest on $7500.00 at the rate of 2t percent. per annum from July 1, 1945 to the date of.said payment; the second instalment is due on January 1, 1946, and is to be in the sum of $375.00, plus interest on the remaining principal due for six months: and there- after the payments are to be made on the first day of July and January of each year at the rate of $375.00 per payment, with interest on the remaining principal at 2t percent. payable semi-annually, as above I I I '" 115 mentioned, until the debt is completely liquidated and discharged. 2. It is distinctly understood that Lester Harris shall not be required to receive or take Refunding Bonds in the composition proceedIng, but that the right of payment and the source of revenue for the payment of his claim, as extended herein, is to be kept alive and he is to have full recourse against any and all revenues that he may now legally have against the City for the payment of his claim. 3. It is agreed and understood that this settlement shall be sub- mitted t~ the Judge of the United States Distriot Oourt in the oomposition proceedings to be approved by that court, and shall take effect immediately upon the entry of the Interlocutory Decree in said oause. It being under- stood that if the Interlocutory Decree is not entered, or if no Final Deoree is entered after the entry of the Interlooutory Deoree, neither party is to this agreement shall be bound.thereunder, and any payments made thereon shall be oonsidered as applied to the claim as originally set forth. 4. It is agreed and understood that Lester Harris has two certain writs of mandamus now pending against the City of Ocoee in the Oircuit Court of Orange Oounty, being oases No. 11383 and No. 11488; that those writs of mandamus are not to be disturbed in any manner, except that a stipulationshall be submitted to the Judge of the Circuit Court in said cases, spreading the payment thereof, in accordance with this agreement. 5. It is further agreed and understood that if, at any time during this agreement, the Oity should fail to make payment of any semi-annual interest payment, or principal, and shall be so notified by said Lester Harris, to that effeot, and shall not make up said deficit within three months after being so notified, said Lester Harris shall thereupon be relegated to all of his rights and remedies available to him under his judgment and writs of mandamus above mentioned. IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal, and the party of the second part has caused this instrument to be executed by and through it Mayor, attested by the City Clerk, this 17th day of July~ A.D. 1945. Signed, sealed and delivered in the presence of: (Signed) Lester Harris (Seal) l-L~ - - , OITY OF OCOEE, FLORIDA, (Seal) Attest: (Signed) By W.R. Calhoun Sr. Mayor I (Si~ned) W.H. Wurst. Jr. Oi ty Clerk Section 3. This resolution shall take effect immediately upon its being adopted. Section 4. All resolut10ns or parts of resolu~ions in conflict herewith are hereby repealed. PASSED AND ADOPTED IN re~lar session of the Oity Oouncil of the City of Ocoee, Florida, this 17th day of July, A.D. 1945. I (Signed) W.B. Calhoun. Sr. Mayor Attest: (Si~ed) W.R. wurst, Jr. City Oler (Seal) STATE OF FLORIDA ) OOURn OJ' ORANGE ) ~ The undersigned Oity Clerk of the City of Ocoee, Florida, does hereby certify that it 1s his duty as suoh City Olerk to attend all- meetings and keep correct minutes of the proceedings of the City Council of said City, and to record all resolutions passed by said City Oouncil. II amd hereby further certifies that the above and foregoing is a true and correct copy of a resolution duly' adopted by said City Council at a <. regular meeting held on the 17th. day of July, 1945, and a true and "- correct copy of the excerpts of'the minutes of said meeting showing the .;.::' nl.JI " - ~- ....~ introduction, reading and passage of sa~~ resolution hereinbefore recited. "~Tl WITNESS~y~h~nd and the corporate seal of said City of Ceoee, Florida this 17th day of JUly , A.D. 1945. (Seal) (Si~ed) WeB, Wurst. Jr. ,C~ ty Clerk 1here being no further business. Councilman Slone made a mot'ion that the meeting be adjorned. This motion was seconded by Councilman Whitaker, voted upon and carried. Thereupon, the Council adjorned at 10:50 P. M. ATTEST: . ~ ~ City Clerk I ~.& Mayor. I I 119 ~