02-20-1942 Special MeetingMINUTES OF SPECIAL MEETING OF
MIAMI SHORES VILLAGE COUNCIL
FEBRUARY 20, 1942
The Miami Shores Village Council held a special meeting on
February 20th with all members present except Mr. Frix, as were
the Village Attorney and Village Manager.
This meeting was called for the purpose of deciding on Golf
Course bills, but the first matter to come before the Council was a
letter from Mr. Frix, resigning as a member of the Council, said letter
being attached to and made a part of these minutes. After discussion
and unanimous regret that Mr. Frix's health had forced him to take this
action, theCouncil felt that it must accept his resignation which was
done, and it was ordered that the proper resolution expressing appreciation
for his services be prepared.
The Council then discussed the matter of the Golf Course bills
and with Mr. Childress acting as Chairman, Mr. Earnest moved that the
Village assume the responsibility of paying these creditors on the
Golf Course as listed, and that negotiations be completed as started
to obtain the funds. The motion was seconded by Mr. Arnold, and the
motion was declared carried with Mr. Childress and Mr. Stockdell not
voting. Each member stated his action regarding the motion as follows:
ARNOLD: I am going to vote Yes and qualify my vote. I am
voting yes on this motion for the following reasons:
I too have had some good legal advise.
1. A written opinion from our own City Attorney who was unan-
imously elected by this Council.
2. Contrary to many statements that have been made at this
Council meeting the Honorable Judge Holt intimated to me after the
Master's report was filed and a decision rendered by Judge Barns that
in his opinion we could not have won in the supreme court.
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3. In the present legal status of the situation I see no other out.
As it stands today one account has been recognized by the Court - namely
Hector Supply Company, and if I am correct I believe the judgment is on
record. Am I correct? So if there was any possible way that I thought
we could prevent other judgments being rendered against the Village for
these accounts I would never vote to pay them.
A majority of this Council voted not to appeal the decision of
the Master which was confirmed by Judge Barns, and as I see it the only
thing we can do is either recognize these bills as they stand today or
that suits will be filed - at least in a majority of them, if not all of
them, before the statutes of limitation runs out, which would therefore
add an additional burden on the tax payers of Miami Shores Village.
I further add that in my opinion at least a majority of the
previous councilmen (the Council that passed Ordinance No. 64) placed
themselves in a position where the Golf Course Committee had unlimited
authority in making purchases, and if it was not their intention to
recognize that authority it never should have been delegated.
CHILDRESS: I am not going to.vote either way, but I am going
to give my reason for it. I feel like the minority of this Council
at the time that motion was made also gave this Golf Course suit some
thought, and this minority was voted against upon motion to ask our
City Attorney to file exceptions to the Master's report to the contrary
which would give this Village a chance to appeal to the supreme court
on the question as to whether the Golf Course mortgage was in default or
not, and further that I felt that if our City Attorney.had answered this
MaSter's report to the denying that the mortgage was in default it would
have given other groups of people in our town a chance to appeal even if
our Village had not won it. The action taken by the Council upon the
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Page 3
question of answering the Master's report stopped the Village, or any
other groups of private citizens, from appealing it to the supreme court.
That is all I want to say.
EARNEST: I am not qualifying my vote. I am going to vote for it.
We have a definite precedent set on one of the largest creditors. The
court has ordered us to pay that bill.
That is 33% of all the claims.
We will get the se thing with the other creditors, and it will cost
more money, andlip n he advise of our Attorney, I made my motion.
STOCKDELL: I am not voting and give my reason for not voting:
In the first place I do not feel that there is any direct obligation
of this Village or its tax payers. As a member of this Council at the
time, we felt that these bills were made (reported by a majority of
the old coml.].) at their request for an enlargement of the Golf Club
by Mr. Hawkins, and a special man came and made a statement to the
Council that the additional indebtedness would be added into the first
mortgage and made a part of the first mortgage. Again, I feel that the
suit of Bessemer Properties regarding this matter should have been
carried to the supreme court. .I make this statement based on advise
given me by what I consider very fine legal authority.
Mr. Childress then asked for a clarification of the duties
of the various advisory boards set up by the Village Council, and after
some discussion the Mayor explained that when he proposed these boards
he had in mind their functions as purely advisory, and that they are
not to be connected in any way with the administration of the Village
affairs.
After some further discussion on this matter, the meeting was
adjourned.
V lage = ger arJ Clerk