09-25-1941 Special MeetingMINUTES OF SPECIAL MEETING OF
MIAMI SHORES VILLAGE COUNCIL
SEPTEMBER 25, 1941
A special meeting of the Miami Shores Village Council
was held on September 25th, 1941, with all members present. The
Village Attorney was absent.
The Council Committee, appointed to consult with Geo.
E. Holt regarding his claim for Attorney's fees in defending the
Bessemer foreclosure suit on the Golf Course, reported that they
had talked to Mr. Holt and that Mr. Holt had agreed to reduce the
fee by $250.00 provided the balance of the fee remaining unpaid
be submitted to him at once, he aliready having received $1375.00
of the $2250.00 fee, reduced from $2500.00.
Mr. Stockdell stated that in view of the present
Village Attorney's opinion in the case, he had gone to Mr. Holt
and had received a satisfactory explanation of Mr. Holt's opinion
in the case.
Mr. Arnold stated that he.thought the reduced fee to be
reasonable, as did Mr. Childress.
Mr. Earnest then asked Mr. Arnold to take the chair and
moved that "The Council approve the payment of $875.00 to Geo.
E. Holt as payment in full for all attorney's fees due from
Miami Shores Village". The motion was seconded by Mr. Stockdell,
and was carried by 4/5th majority - Mr. Childress dissenting with
the following explanation:
"Our City Attorney, the Honorable George Holt, while
attending the 1941 session of the Florida Legislature requested,
through our Village Manager, for additional payment of fees on
account of the Golf Course litigation.
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9/25/41
By majority action the Council took the position at that time
that very little work remained to be done by our City Attorney in
the Golf Course litigation, and Thrther considering that $1,000.00
had been paid on account of fees to our City Attorney for this
work, believed that the City should not be called upon to pay
additional fees until the completion of the case. As one of the
majority against the payment of additional fees,at that time
I pointed out that the ultimate fee paid should be determined
by the results accomplished.
After much correspondence by our City Attorney,
Lir. Holt, and the Miami Shores Council, our City Attorney, Mr.
Holt, made the statement to our Village Manager, Mr. McCall,
to be relayed to me, that perhaps my actions might be declared
illegal since my appointment as a member of the Miami Shores
Council, not withstanding the fact that our City Attorney was
present at the time that I was sworn in as a member of the
Miami Shores Council.
For the reasons that I have just given, I emphati-
cally vote "No" to pay him any further fees in connection with
the Golf Course litigation work."
Mr. Frix stated that he voted in the affirmative
because of the opinions stated by other members that the fee
was reasonable.
After which the meeting was adjourned.
llage Manager and Clerk