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HomeMy WebLinkAbout9/16/1929C� U 1 THURSDAY, SEPTEMBER 22th 1929. The Board of County Commissioners in and for Indian River County, Florida, met in Special called session on Thursday, September 12th 1929 at 10 o'clock A.M.with the following members of the Board present: Albert U. Helseth, Chairman; J.D.Yongue; J.N.Ia.Bruce; T.J.P.Hami1ton and John H..Atkin. Also present were Miles Marren, Clerk and Clark S. Rice, Sheriff. The Chairman announced the meeting was called for the purpose of receiving the costs bills as prepared by the County attorney for criminal cost due the Sheriff, County Judge and Clerk. The Board's attorney submitted his report and read same. It was moved by Commissioner truce, seconded by Commissioner Hamilton that the forms as prepared and submitted by the Board's attorney for criminal cost bills of 'Sheriff, County Judge and Clerk be approved by the Board for future payments, and each offiwer is authorized to have the forms printed and render bill, properly appro- ved, to the County. The motion was unanimously carried. There being no further business, on motion made, seconded and carried the Board then adjourned until Monday, :-september 16th 1929. ATTEST: Chairman. Ofe�A A hf)j a C i4, k. - - - - - - - - - - - - - :::ss::ss:ss::::sass:ssssa:- - - - - - - - - - - - - - - - MO Y, SEPTEMR 16th 1929. 02e Board of County Commissioners in and for Indian River County, Florida, met at the Court House in 'Pero Beach, Dn Monday, September 16th 1929 at 10 o'clock AsNowith the following members of the Board present: Albert 0, Helseth, Chairman; J.D.Yongue; ,l[laBruce; J.J.P.Hamilton and John H. Atkin. Also present were Miles warren, clerk and Clark S. Rice, -Sheriff. The Board's attorney made and filed his report and opinion of the report of the Special Investigators, heretofore appointed by the Board, which was read aloud by the Attorney. It was moved by Commissioner Hamilton, Seconded by Commissioner Yongue that both reports be spread on the minutes of the Board. The said report and opinion being in words and figures following, to -wit: - To the Honorable Board of County Commissioners, Indian River County, Florida. Pursuant to action taken by you on August 6 1929, we have investigated certain matters relating to the finances of the County and herewith submit our report. (1) BANK OF SEBASTIAN. We find that when the Bank of §ebastian closed on July 20; 19269' there Was on deposit to the credit of the County funds as follows: Road and Bridge $31.84 Mothers' Pension 1 386.26 Special Road & Bridge ' District No. 1389' "'863.24 Publicity 4'480:24 Total. §"9-761#58 This bank was designated as a County depository on the lst day of December 1925.- as ` �Ii shown by Minute Book 1p page 42. Securities held by the County for the above deposits were as follows: This Board heretofore accepted the above notes and gave.the bank credit at their par value. e. The Sarasota County Bonds have been sold and the County realized $9;509.45 out of the same, leaving a balance due the County of $19, 891.63, of which amount 25% has been paid, leaving a balance now due from said bank in the sum.of $149918,73. The notes above referred to are in the possession of the Clerk of this Board and he advises us that the sum of $2p77,9950 has been paid on these notes; we are of the opinion that a greater part of the above notes can be collected. (2) 3AH11ERS BANTA AND TRMT CONFANY. We find that when the Farmers Bank & Trust. Company closed on Zanuary 27 1927, was on deposit to the credit of the County funds as follows: General Revenue '355.89 Fine and Forfeiture 7 3..54.1.2 Road -and Bridge '250o12 Agricultural 3, 409.4-2 Special Road & Bridge Dist, No. 4 Bonds 143"599.26 Total of This bank was last made a County depository on December 7; 1926; as appears of record in Minute Book 1, page 1019 for a part of the named deposits; to -wit: General Revenue Fund Road A Bridge =Fuhd Agricultural Fund Security in the sum of $65,000.004 was required and furnished to secure the above deposits, being Liberty Bonds $179000.000 and County Time Warrants $489*000.00. Since the closing of this bank, we are advised that the above security has been sold and the County credited with the proceeds together with the other payments made by the bank, leaving a balance now due of $51, 016.86. We are also informed that there was ,other security 3n the form of notes and mort- gages put up as security for the above funds by this bank, but since we understand that this Board and themars Bank„ successors of the Farmers Bank &„Trust Company, have Tarr made arrangements or agreements to the effect that the Farmers Bank will pay the balance due the County in full at the rate of $4000.00 per month. From standpoint of the Board we suggest the desirability of closing this balance by obtaining note or notes from bank, or certificates of deposit• We find that, upon examination' going back only three months.prior to the closing of thl bank that there had been transferred to this bank by John H. Atkin; then Chair- man of the Board, and Miles WarrenClerk $16;039.00 on Tanuary 10 1927, being a warrant as follows: STATE OF FLORIDA No r COUNTY WARRANT INDIAN RIVER COUNTY ' VERO BEACH, FLORIDA SAN. 10; 1927 PAY TO THE ORDER OF Farmers Bank & Trust Co. ' Sixteen Thousand Thirty -Nine & No/100 Dollars $169039.00 For Transfer to balance accounts I' PAYABLE AT FORT PIERCE BANS & TRUST CONPANY9, FORT PIERCE, FLORIDA. TO INDIAN RIVER COUNT' DEPOSITORY CEARG4 TO SPECIAL ROAD & BRIDGE DIST. 4 BOND FUND AUTHORIZED IN OPEN SESSION 1 1 1 Sarasota County Bonds $10 000*00 Notes and Mortgages as follows: ' Q. A. Braddo gk 11 000.00 X A. Braddock (Seco by Mtg o } 790000-00 BR . & Chas. W. Sembler 8 ' 675.00 Rosa B. Sloan 2t80000 Vlcker:-Brothers 2#500000 Arthur Sroegel ( Seca by Mtg. } '385.50 M. H. & P. H. MoBacbron 111000.00 Total This Board heretofore accepted the above notes and gave.the bank credit at their par value. e. The Sarasota County Bonds have been sold and the County realized $9;509.45 out of the same, leaving a balance due the County of $19, 891.63, of which amount 25% has been paid, leaving a balance now due from said bank in the sum.of $149918,73. The notes above referred to are in the possession of the Clerk of this Board and he advises us that the sum of $2p77,9950 has been paid on these notes; we are of the opinion that a greater part of the above notes can be collected. (2) 3AH11ERS BANTA AND TRMT CONFANY. We find that when the Farmers Bank & Trust. Company closed on Zanuary 27 1927, was on deposit to the credit of the County funds as follows: General Revenue '355.89 Fine and Forfeiture 7 3..54.1.2 Road -and Bridge '250o12 Agricultural 3, 409.4-2 Special Road & Bridge Dist, No. 4 Bonds 143"599.26 Total of This bank was last made a County depository on December 7; 1926; as appears of record in Minute Book 1, page 1019 for a part of the named deposits; to -wit: General Revenue Fund Road A Bridge =Fuhd Agricultural Fund Security in the sum of $65,000.004 was required and furnished to secure the above deposits, being Liberty Bonds $179000.000 and County Time Warrants $489*000.00. Since the closing of this bank, we are advised that the above security has been sold and the County credited with the proceeds together with the other payments made by the bank, leaving a balance now due of $51, 016.86. We are also informed that there was ,other security 3n the form of notes and mort- gages put up as security for the above funds by this bank, but since we understand that this Board and themars Bank„ successors of the Farmers Bank &„Trust Company, have Tarr made arrangements or agreements to the effect that the Farmers Bank will pay the balance due the County in full at the rate of $4000.00 per month. From standpoint of the Board we suggest the desirability of closing this balance by obtaining note or notes from bank, or certificates of deposit• We find that, upon examination' going back only three months.prior to the closing of thl bank that there had been transferred to this bank by John H. Atkin; then Chair- man of the Board, and Miles WarrenClerk $16;039.00 on Tanuary 10 1927, being a warrant as follows: STATE OF FLORIDA No r COUNTY WARRANT INDIAN RIVER COUNTY ' VERO BEACH, FLORIDA SAN. 10; 1927 PAY TO THE ORDER OF Farmers Bank & Trust Co. ' Sixteen Thousand Thirty -Nine & No/100 Dollars $169039.00 For Transfer to balance accounts I' PAYABLE AT FORT PIERCE BANS & TRUST CONPANY9, FORT PIERCE, FLORIDA. TO INDIAN RIVER COUNT' DEPOSITORY CEARG4 TO SPECIAL ROAD & BRIDGE DIST. 4 BOND FUND AUTHORIZED IN OPEN SESSION 1 1 1 LJ 1 1 L It f M-1 Miles Marren Clerk Circuit Court Ex-Offielo Clerk Board of Bohn R. Atkin County Commissioners Chairman Board of .County Commissioners 'A Deputy Clerk. Endorsed on back Zan. 10's'1927; by Farmers Bank (3) VERO BEACH BOX AND TRUST COIMPANY We find that when the Fero Beach Bank-& frust Company closed on October 30; 1928, there was on deposit to the credit of the County funds as follows; General Revenue. $683075 Fine and Forfeiture ' 51.29 Road and Bridge 12'555.76 Mothers' Pension 691.70 Agricultural ° - 93.61 Interest and Sinking 21,553#76 Special Road- & Bridge District ° No. 1, ( Int* & Sinking fund ) 1, 502.59 Special Road & Bridge District Not 49 (Int. & Sinking fund ) 320402954 Special Road & Brid a Districts I Roo 41 ( Bond .Fund 41; 575027 ' . Time Warrant Fund 59 241.08 Publi cf ty , Fund '245 .79 Vero Bridge District fund y 7 992.84 Quay Bridge District fund 4.399.33 Total of $128, 929.27 This bank was last made a county depository on June 119 1928; as appears of record in Minute Book 10' at page 165; for part of the above named deposits to -wit: General Revenue Fund 1/3 Road and Bridge Fund plothersO Pension Fund Publicity Mind * Interest and.Sinking Fund Special Road and Bridge District No. 4 ( Into & Sinking fund Bonds in the sum of $209000.00 were furnished to secure the above deposits, that being the amount of security required by the Board, being Sarasota County Bonds in the sum of $10,000.00 and hake Worth Bonds in the sum of $109000.00. Since the closing of this bank the Sarasota bonds have been sold for $99-303.85 and the bank credited for the amount; leaving due County from this bank $119;625.42. The hake Worth bonds have not yet been sold. About the time of the closing of the bank there was a list of notes hypothecated by the bank to the Board of County Commissioners as additional security for funds held on deposit as represented by a list of notes amounting to $1351-,164.87., Upon examinati we find that these motes and mortgages have not, been endorsed or assigned to the County by the bank and are now in the possession of the Receiver of this bank. The greater part of these notes appear to be of li%tle value. However, a small portion of this amount, we. are of the opinion, could be collected, These notes were all, with one exception; past due at the time the list aforesaid was furnished the County and we are of the opinion that their value does not exceed 10% of the total amount. We find that, upon examination, going back three months prior to the closing of thi e ° bank that there -had been transferred to this bank by.John H. Atkin; then Chairman of the Board, and Miles Marren, Clerk, $239500.00 in funds from other banks without any author -i' ity shown from the minutes of the Board and'upon checks drawn other than the regular County warrants, which checks are next herewith copied: I Vero Beach, Fla. Oct. 23$ 1928 No 63-294 Transfer FARMERS BANK OF' VERO BEACH Vero Beach, Florida Pay to the Order of Vero Beach Bank & !gust Company $5000.00 Five Thousand dollars ATTEST: SPECUL R & B DIST #4 (New Acct ) 4 41 BF John H• Atkin Miles Warren Com• Clerk Endorsed on back as follows: 'hero Beach Bank & Tiv a.st Co. William Atkin, Pres. TM VERO BEACH BANK & TRUST CO. 66-320 ( N: P. ) At the sign of the Clook 63--324 VEERO BEACH FLORIDA Aug. 20th 1926 SIGHT Pay;to The Order of Vero Beach-& Trust Company . .•+449000.00 Four Thousand and No/100 , w - - - - - - - - - - , - - - - Dollars Transfer funds for payrolls . a To INDIAN BIVER COUNTY BANS WAHP County Commissioners, SEBBS , 0 A • - By John H. Atkin; Ohairaatan ATTEST: Miles Warren, Cleric. a . Customers .Draft. Endorsed: Fero Beach Junk & Trust Co. • . e Florida National Bank, Jacksonville, Fla. Notation: " Collateral Security these funds Ewt released" S. R. Eopk 5, 354.61 a SEB TUN' FIA. Aug. 17, 1923 INDIM RIPER COUNTY BANN 63-478 ' (N.P.) Pay to the Order of V6ro Beach Hank & Trust Co. 5,000.00 63-320 Five Thousand & No/10O - - - - - - - - Dollars Transfer funds meet payroll. ^ • BOARD COUNTY' COVOSSIDIMSs, Attest: Miles Warrens, By John H. Atkin; Cleric. Chairman Endorsed: 'Pero Beach Bank & Trust Co.' Florida National Bank, Tag., Fla. S STIAe, FLA.. August 3-191928 IL:INDUN RIVER COUNTYBANK 63 -►478 MOP.) Pay to the Order of 'Pero Beach Bank & Trust Company 63-320 A4950040 500.00 Forty -Five Hundred - - - - - -Dollars ATTEST: MILES WARREN ROAD- AND BRIDGE FCN'D$' Clerk By Tohn H. Atkin, Chairman Transfer Funds.. - Endorsed: 'Vero Beach Bank & `Trust Co. ' Florida National Bank, ;axes Fla. SEBASTIAN, FLA., July 14; 1926 INDIAN RIVER COUNTY BANK 63-478 N.P. Pay to the Order of 'Pero Beach Bank & Trust Co. 050'000.00 63-320 Five Thousand . . .Dollars MEST: Miles Warren, ROAD & BRIDGE F=9 • Clerk. By John H. Atkin, Chairman Endorsed: Vero Beach Bank & Trust Co: Fla. National Bank; -'ax.; Fla. (4) Section 5409 C. G. L., 1927; of Florida provides how funds may be drawn from depositories: "And all money dram from any dgpositony holding same under this Chapter shall be e 1 upon a check or warrant 6rLwaatrants issued by the Board drawing the same, said check, or warrant oaf warrantsy both as to number and amount and person to whom,drawn and purpose for which drawn shall be recorded in the minutes of the board having ordered the same drawns, and each check, or warrant or warrants, so drawn shall be signed by the 1 I- I- 1 f 1 1 S chairman of $bLid board; attested by clerk or secretary of said board with the corporate seal thereof affixed, and the bank upon which each check or warrant or warrants is drawn shall not pay same until it shall receive a certified list from.'secretary or clerk of board issuing chick, *arrantjor?warrants giving date and number and amount of each check or warrant or warrants and person to whom issued." .. , The amount of the security is in the discretion of the Board; but the kind of se- curity is provided by' law as set out by Section 2404 C. G* L., 1927, of Florida: Any banks; National or State, authorized to do business in this State; that wil] pay two per pent per annum on daily balances of the county general revenue funds; the county fine and forealture funds, the road funds, and each and every other separate and distinct county funds; respectively; and also, upon the general or common aounty school funds and,on each special tax school district fund; respectitely; when the deposits to the credit of said funds; respectively; excoed two thousand dollars, and four per cent per annum on balances of such funds, respectively, deposited for a period of three monthu or longer; and gives; at its own exponse a 'surety bond issued by some surety company authorized to do business in this State, or make satisfactory deposit to the credit of the county sufficient Federal; State" county or municipal bonds for the protection of said funds; is hereby created a county depository and authorized and entitled to receive public funds in the manner and method hereinafter provided." We rind that this statute has not been complied with by the Board in that the de- pository banks did not file a written offer and guarantee to pay said Board interest on County funds as required by Section 2405.C* G. Lop 19279. of Florida: dny.bank! as described above„ desiring to become a county depository as herein provided; shall file with the board of county commissioners or board of public instruc- tion; or both boards; a written offer and guarantee to pay said board or boards two per cent per annum on all daily balances when such funds exceed two thousand dollars, and ' four per cent per a num on time deposits; and shall execute and deliver to said board or boards a surety bond issued by some company duly authorized to do business in this State; . or make satisfactory deposit to the credit of the county, Federal, State, county or municipal bonds; in an amount to be determined by each of the said boards, respect- ivelyp and be approved both as to amount and to validity by the Comptroller,of the State, and conditioned that said bank insure the safekeeping,.accounting for and paying over on .demand by proper authority all money that may come into its hands by virtue of its actinE as said depository; and will in all respects duly and faithfully perform the duty, imposed upon it, is entitled and authorized to receive an equitable share of the public money of the county in which it is located: Provided' the county.comuissioners and board of public.in6truction shall divide the de- posits of their countyequitably among the banks of the county that have qualified as provided in this Chapter$ and in case no bank in the county should qualify, then the s boards are authorized and commanded to divide the deposits among the banksiin some other county meeting the conditions as provided in this Chapter." (5) The facts as we find them with reference to the transfer of funds as above stated into banks shortly before closing, warrant the cbnelusicn that there is a possi liability to the County on the part of the banks paying the checks by which such trans were effected and on the part of the officials drawing such checks. (6) ZOETR.A.CT WITH FLORIn.A. ROAD 01LIaG COUP We find that in 1926 the Board had transactions with the Florida Road oiling t;} Compamyp involving the oiling and re -surfacing the roads in apedM1 Road and Bridge Dis`� r--?- 4 (3 ' No. 4; that a contract was entered into between the Board and this,Company calling for the expenditure of about 040,000.00, and that such sum was in fact paid pursuant to such contract; We have been told by the clerk that such contract was let without advertising for bids, So.far as we have been able. to ascertain the minutes of the board do not show what price was agreed to be paid for work under such contract, nor what the transactions between the Board and this Company were; So far as we have been able to determine the ;following constitute all the minutes of the Board touching the Board's relations with Florida Road Wiling -Company: On September 6 19269 as appears in Minute Book 11, page 88: "It was ordered that the county attoraW and the county engineer prepare With the -Florida Road Oiling Company to put the top coat on roads in Special Ro & B« District No. 4«" Again on October -69' 19269 Minute Book Is at page 9: "The Chairman and clerk of this board are authorized and empowered to executed contract on behalf of Indian River County with the Florida Road Oiling Company for oiling roads of Special Road & Bridge District No, 4." And on December 6 1927; Minute Book 1, -at page 139: Request was made by representatives of the Florida Road Oiling Co. , that the contract heretofore entered into by that company and the County be assigned to A. 0. Greynolds of Fest Palm Beach. It was ordered that the request be taken under eonsidera,- tion and action will be taken at the next meeting of the Board." e And on January 3f 1928; Minute Book -19 at page 144: "N. T. Gibson representing the Florida Road Oiling Company, * Inc., appeared bei► fdrre the Board and stated that his Company wished to assign the contract for road oiling I I heretofore entered into with the County to A, O.-Greynolds Co., Ino.; Thereupon Comler Hamilton moved that such assignment be approved and final settlement be made with said Florida Road Oiling Co., Inc.; upon the filing with the Board and the approval thereof 0 of a proper bond by the assignee for the completion of said contract; and upon the approval of the county attorney of all legal matters pertaining thereto; This motion was seconded by -Commissioner Braddock and unanimously adopted." We have been unable to find from the Minute Book at what price the County was to pay the Florida Road Oiling Company for the above mentioned contract, but we are in- formed that the price submitted to the Board by this Company was at the rate of 91k per sqo yd ot but that this Company has been paid at the rate of 12¢ per sq4 yd., and has been A paid on the above contract out of Road and Bridge District No. 4 about $409'000000 to date. However; payments of this amount were made to the Miller Construction Corporation, Florida Road failing Company and A. 0, Greynolds Co., Inc., Assignee. We herewith copy an affidavits made by F. G. Franks, in full in support of the above contention, the original of which we have in our possession: "STATE OF FLORIDA - ss IlUDIAN RIVER COi7NTY Personally appeared before me the undersigned authority authorized to administ oaths and take acknowledgments in the said State and County, T. G. Franks, who after having been duly sworn, states; That he is a resident of 'Pero Beach, indian River County, Florida; That during the year 1926 he was bookkeeper for the Miller Construction Corp - .oration and the Florida Road Oiling Company; that the alleged contract entered into by P 1 1 r_. 1 1 1 rxg and between the Board -of .County, Commissioners and the Florida Road Oiling Company was gone over and discussed in the office of the Florida Road Oiling Company and that the Florida Road Oiling.Company agreed to do the work for 9Ie4 per square yard and this as I was informed was submitted to the Board of County Commissioners, or part of them, and I have been since informed that this contract price was changed from 9-pl,4, the amount sub - witted to the Board of County.Commissioners� to 12¢ per square yard. I beard Mr. Le W• puller, President of the Florida Road Oiling Company; say that 91# was a big price and that -they could make plenty of money at that price' how and when this change was made I am unable to state other that it was done by the then Chairman, of the Board of County J Commissioners for the reason that the then Chairman, John H. Atkin; was a stock holder in the Florida Road Oiling Company and later in -January 1927 sold all his stock to L. Wo Miller for the sum of $1,700.00; and the said Atkin received this amount by check written J by myself and signed by Miller Construction Company by P. Co 2aegler; Secretary and J Treas=er# and Le W, Miller, President of the Miller Construction Company. I also handled some correspondence between L• We Miller and John. H. Atkin to the effect that Miller made Atkin a proposition that he must either buy the other stock in,the Florida Road oiling Company or sell his interest. From this thing the deal above mentioned was consummated and the said Atkin sold to Miller his stock„ (ai&neda H. G. Franks. Subscribed and sworn to before me this 12th day of Augusts 1929 (Seal) (signed Otis M. Qobb . County J-Udge We find that on August lot 1926f as appears of record in Minute Hook 1, at page 87; the Board purchased five trucks, from the Indiana Truck Company at the price of J $1600*00 each for Road and Bridge District No. 4; without advertising for bids according to law„ We also find in Minute Book 1, at page 1669 where the Board purchased two automobiles without having advertised as required by statute. In our opinion the letting of the contract and the purchase of trucks and automobiles in the manner above set forth were not authorized by Section 106889 Acts of J 1925; which reads as follows: J "An Act authorizing the Board of County Commissioners of Indian River County, Florida, to construct Roads and Bridges in the several Special Road and Bridge Districts of said County, either by lettIng said work by Contract,- or without letting said work by Contract, as said Board may determine. BE IT ZRACTED BY THE LEGISLLTURB OF THE STATS OF FLORIDA: Section 1. The Board of County Commissioners of Indian River County, Florida, is hereby authorized to construct roads and bridges in the several Special Road and J „ Bridge Districts of said County, whether now existing, or which may be hereafter created, J ,j either by letting said work by contract, or by employing labor by the day or month, and by providing necessary machinery; teams and equipment$ without letting said work by con- tract, as said Board may in its discretion determine." J J J But, we are of the opinion that Section 2191 C, G. Log 19279' of Florida, is applicable in such cases; which reads as follows: "No contract shall be let by the Board of County Commissioners for the working J J of any road or street; the construction or building of any bridge, the erecting or build Ing of any house, nor shall any goods; supplies or materials for county purposes or use b' purchased, when the amount to be paid therefor by the county shall exceed three hundred 7 dollars, unless notice thereof shall be advertised once a week for at least two weeks in some newspaper of general circulation in the county, calling for bids upon the work be done or for the goods, supplies or materials to be purchased by the,00unty' and in each case the bid of the lowest responsible bidder shall be accepted, unless the county Commissioners shall reject all bids because the same are too high." We are of,the opinion that the officials responsible for the change as here» togore set out in the contract with the Florida Road ailing Company, if any such.change was made, are liable to the County for the difference in the contract price submitted a that paid by the County, which sum would amount to about 58000.00, We find that it has been the practise of the Board from time to time extending up to and including August 19299 and that warrants were Issued to the Redstone Lumber & Supply Company and the same.pajd during 1929 and several years back in payment for supplies purchased by the Board or its authority for public use# e We are informed that while this practise obtained,` Kr, -Tohn He Atkin, member of the Board; was and still is a stock holder and officer in the Redstone Lumber and Supply Company.. We are of the ppinion that Sections 74729 7465 and 7466 of the C. G. L. 19279 of Florida,. are applicable in cases of this kind, which are as follows: 7572. BOARDS NOT TO PURCB0$ SUPPLIES FROM HERS OF BOARDS. "No Mate or county beard or municipal board or council shall purchase supplies, goods or materials for public use from any firm or corporation in which any member of such board is either directly or indirectly interested, nor shall any such board pay for such supplies; goods or materials so purchased* Any person violating the provisions of this section shall be punished, upon conviction, by fine a not exceeding five hundred dollars or Imprisonment not exceeding one year; provided; that no member of any board aforesaid who shall have recorded his vote against such Illegal purchaseq or wbb shall have been absent at the.taking of the vote thereon, shall be convicted of a violation of this section." COUM U=•tl;i OE' VOTING II %zed OR FOR EXCESS "Tach member of the board of county commissioners voting to incur an indebted- ness against the county in excess of the expenditure allowed by law$ or to pay any.ill- egal charge against the county, or to pay any claim against the county not authorized by law, shall be guilty of malfeasance in office and subject to suspension and removal from office as now provided by law, and shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars nor more, than five hundred dollars, or by imprisonment in the county jail for -not more than sig months or both for each offense." 7466. COUNTY , AUDITOR NOT TO SIGN ILLEGAL WARRANTS • "Any clerk of the circuit court, acting as county auditor, who shall sign any warrant for the payment of any claim or bill or indebtedness against any county funds in excess of the expenditure allowed by law, or to pay any illegal charge against the county, or to pay any claim aggLinst the county not authorized by law, shall be w personally liable.for such emount; and he shall be guilty of a misdemeanor and punished in the manner and subject to the same penalties as members of said board of county commissioners." As we understand the decision of the Supreme Court of Florida in Lainhart vs. Burr, 38 So. 711, any member of the board who votes in favor of paying.any bill for materials or supplies purchased from a member or from a firm or corporation in which 1 1 1 1 i l he is interested; is liable -to the county for the sum paid, such contracts being void. a Respectfully submitted, C. P. diamond To the Honorable Board of County.Commissioners Indian River County; Florida,. Gentlemen. S. N. Smith Vero Beach, -Florida. Sept. 9, 1929. You have referred to me for my opinion and advice the report submitted to Your Honorable Board by Messrs. Co P. Diamond and S. N. Smith pursuant to action heretofore taken by Your Board. I have carefglly gone over this report and herewith present to you d my views with reference to same; taking up each item of the report by number seriatim as the same are set forth in said report. 1. The first Item of the report deals with the money of the county on deposit with the Bank of Sebastian when that institution was closed on July 20, 1926, and the report, so far as I have been able to ascertain correctly states the situAtion with re- ferenee to this bank and'does not indicate or suggest that there was anything wrong or Illegal in this transaction, and I take it there is no question, therefore, in any man- ner with reference to this situation. 2. The second paragraph of the report reiates to the Farmers Bank & Trust r Company. This bank was duly designated as a county depository and security given in accordance with the statute, and as appears.by the report there is still a balance. due the county from said bank of $519016.86. There has been made between this Board and the Farmers Bank of Vero Beach, successor to Farmers Bank & Trust Company, as I understand it, an agreement for the payment by said bank of the balance due said county, and inas- much as the Legislature of the State of Florida at its 1927 session; by Chapter 11849 of the Laws of Florida; authorized and empowered the public officers of any town, city, county 'or "special district to consent to the freezing of such deposits upon such condi- tions as the Comptroller might approve; and inasmuch as_I understand that the arrangement between this Board and Farmers Bank relative to the payment to the county has the approva; of the Comptrollers it is my opinion that transaction between this Board and the bank is regular and legal, and that the situation with reference to the balance of the money due this Board by said bank is in as satisfactory condition as it is possible to place the saae in the light of the conditions surrounding the Farmers Bank & Trust Company at the time it closed, and the contract of the bank with the Board is as binding on said bank as a note or certificate of deposit would beo With reference to the transfer of funds to the #armers Rank, as set forth in paragraph 2 of the report, the minutes of the Board of County Commissioners, Minute Book 19 page 32, show that upon the sale of bonds of Special Road and Bridge District No, 40 Farmers Bank of Vero Beach and Fort Pierce Bank & Trust Company became the joint purchase's thereof, and the minutes show that on December 19 1925; (See Minute Book 1; page 42 ) they said Farmers Bank of Vera Beach and the Fort Pierce Bank & Trust Company were jointly I made depositories for the funds of said district; and inasmuch as the transfer of funds was therefore made from one depository to another; both of;which had been duly designated. as joint depositories by order of the Board; I fail to see where anything irregular or illegal has been done in connection therewith. iL 5 0 ° 3. The third paragraph of said report has reference to the Vero Beach Bank & Trust Company. It appears from said report that when that bank closed on October 309 19289 there was on deposit to the credit of the county in its various funds a total of $1280929.270 Considerablb criticism is leveled by the report,at some of the transactions in connection with the handling of county affairs with this institution, although there is very little, if any# difference between the manner the affairs were handled :with this bank and with the Farmers Bank# The Vero Beach Bank & Trust Company was last'',made a. county depository on June 11, 1928, at the same time the Farmers Bank of Vero Beach and the Indian River County Bank were also made county depositories. By reference to the minutes of the Board, it will be seen that the 'Pero Beach Bank & Trust Company was re- quired to furnish security in the sum of $20,000 and the Farmers Bank of Vero Beach in - o _ 0 the sum of $10,000 to secure the deposit of county funds. The report shows and admits that this provision was complied with by the hero Beach Bank & Frust Company, in that there were $209000 of municipal bonds placed as security for the county funds. Sections . m 2404 and 2405 of the Compiled General Lags of Florida relating to the sileotiou of county Q depositories do not provide for any definite amount of security to be taken; but provide that the same shall be 11 in an amount to be determined by the Board and to be approved both as to amount and validity by the Comptroller of the state'. The amount of the security fixed by the Board of County Commissioners for the Vero Beach Bask & Trust Company and Farmers Bank and Indian River County Bank was fixed in open session of the Board on the llth day of -June; 1928, It was at this meeting that the Vero Beach Bank & Trust Company was last designated as a depository of county funds, and I direct your special attentipu to the fact that at this meeting, at which the said Fero Beach Bank & Trust Company was last designated as county depository; and at which time the amount of the security which it was.to give the county for the deposit of said funds was fixed at $2090009 or twice as much as that fixed for the Farmers Bank; Mr., Jobn H. Atkin was not present; and therefore had nothing to do with the designation of this bank as a depositor nor with fixing its aeau#-ty but the same, was done and agreed to by all the other members of the Board who; the minutes.show, were present, to -wits lbssrs. J• r. P. Hamilton, J. B. LaBruceG, 1. Braddock and.0. 0. Helseth; and these amounts so fixed by the Board were approved by the Comptroller of the State of Florida, and the Board, there- fore, complied with both the spirit and the letter of the law in connection with the fix - Ing of the amount of the security and in accepting the form of security. The fact at the time of the closing of the bank additional security for funds was bypothicated to the Board of County Commissioners and this additional security was In the formof notes and mortgages and not the type designated by the statutes to be given by a bank when selected as a county depository does not mean that there was any violation of the law by the Board in taking such security. In other words.; when the Board of County Commissioners on June Ile 19283, fixed the amdunt of security to be given by both the Vero Beach Bank & Trust Company and the Farmers Bank of Vero Beach, and this was approved by the Comptroller; and mun.ioipal bonds put up by each of said institutions totaling the amount so fixed by the Board, the Board complied frith the laws and was not required under the law to compol the Vero Beach Bank & Trust-,,70ompany or the Farmers Bank of Fero Beach to put up any other or additional security, and although a failure so to do might have been the exercise of poor judgment on the part of the Board; there has been.no violation of the late In this respect In any particular$ and certainly the action of the Board in obtaining from the Vero Beach Bank & Trust.Company additional security in the amount of S135s164.87 indicated a desire on the part of the Board to obtain for the county every possible security for the county 1 i 1 funds on deposit in that institution; and the obtaining of $135;184989 worth of notes and other securities from the Vero Beach Bank & Trust Company was simply an additional precaution taken by the Board and was over and beyond the requirement of the law, and the fact that these securities were of different form from that prescribed to W put up In the original designation of the depository is not in contravention either of.the spin: or letter of the law. And, therefore, I find nothing in connection with the designation of the Vero -Beach Bank & Trust Company or the security put up that is in any manner a violation of. the .law. 4. Critioism is made in the report that none of the depository banks signed an offer and gexarantee to.pay said Board interest on county funds as required by Section , 2404 and :2405 of the Compiled General Laws of Florida 1927. In this connection, there.is no question but what said statutes provide for the payment of interest on county funds on deposit with county depositories; but the forma for the application and appointment of county depositories have been prepared and ftruished to the depositories and to the i county by the.Comptroller of the state of Florida, who has the final approval of the J designation of county depositories, and these forms were not prepared by this Board nor by the banks, but solely by the Comptroller, and these forms do not provide for any guarantee of interest; and if there is any criticism to be made of the failure of the Board to require the payment of interest on county funds; that criticism must be levdldd at the Comptroller of the state of Florida, and not at this Board_. 5• The remaining criticism leveled at the handling of county funds with the 0 Vero Beach Bank & Trust Company has to do.with the transfer to this bank of $23,500 in funds from other banks; it being stated that the same was done without any authority J shown upon the minutes of the Boards and upon checks dram other than the regular county warrants. It is contended in the report that this is in violation of Section 2409 of t Compiled General. Laws of Florida providing ,how funds are to be drawn from depositories. While conceding, that on the face of it, the transfer of such funds to the Fero Beach Bank & Trust Company may have been irregular, it is not my opinion that Section 2409 has any reference to, this situation* That section. relates; in may judgments solely to the drawing. of money from county depositories in the payment of county indebtedness and does not refer to the transfer of funds of the county from one depository to another. I do not conveive that it is a violation of the law for county officials to transfer county funds from one duly designated county depository to another.as long as the Board of County Commissioners is advised of this situation, and there is nothing in the transact to cause me.. to conclude that these transfers were made without any notice to the other members of the Board. Indeed, my investigation of the situation discloses that ever; - since the creation of Indian River County it has been customary for transfers of county funds.to be made from one county deppsitory to another, and the records in the Clerkts office indicate that this has been done upon numerous occasions between the other county depositories and inasmuch as.it seems to have been a fixed custom that these transfers should be made, I oannot see why any exception should be made in the case of Vero Beach Bank & Trust Company. And inasmuch as the Board of County Commissioners is.charged.wi the duty of supervision over county afTAILrs it must be conceded that the Board had kno- ledge of the custom of transfer of county funds from one depsoitory to another from time to time, and; therefore, there appears to me to be nothing irregular in the transaction. Section 6079 Compiled General Lawn of Florida relating to depositories of public money provides that "all sheriffs; tax collectors, city treasurers, clerks of courts, receiv, and the treasurers of other agents of the state or of the courts thereof may deposit any moneys they may have in -their possession or custody with such banking company; but shall not be required to do so by virtue thereof.'t The 'Pero Beach Bank & Trust Compaay having been duly declared a depository of such Funds of -the county; and it appearing that tran- sfers in question were made by officers of this Board from one county depository to another, I do not find where; in my opinion, any laws hes been violated in connection therewith* ley investigation shows that on Tuly 13; 1928, the day before the first trans- fer fer of funds from other depositories to the Vero Beach Bank & gust Company, there was ox deposit in all funds of the county In that institution the sum of $15193620-11P and that on October 30, 1928, being the day on which said institution closed its doors there was on deposit therein to the credit of the county in all funds $128;929427; which means; that notwithstanding the transfer of county funds between the dates mentioned of -$23;5099' as shown in the report of the investigating committee, there was $22;432.84 less in that institution to the credit of the county when it closed than there was on the day prior to the first transfer of funds, which means that there was less than $1100 of the amount so transferred left in the Vero Beach -Bank & gust Company when it closed, so that in- stead of there being a question of loss to the county by reason of the transfer of funds In the amount of $230500900p a complete check of the situation reveals that the amount actually involved is less than $1100940. Your attention is also directed to the fact that at the time of the closing of the Farmers Bank there was on deposit in that inti, tion $1549764.82, while as already stated at -the time of the closing of the Vero Beach Bank & gust Company there was on deposit therein to the credit of the county in all f the sum -of $1289929.27; or a total of -$25;835.55 less than there was on deposit in the Farmers Bank at the time of the closing of that institution. 6. The next question taken up by the report of the investiggting:400zrmittee has to do with the contract between this Board and the Florida Road Oiling Company., I have before me one of the original copies of that contract, which contains the original prow e posal of the Florida Road Oiling Company, which proposal is signed by L. W. .11er its presidents, which signature appears in the handwriting of Mr. Biller, but the proposal appears to have been filled out in a handwriting other than that of -Br. Miller, and I am advised that said proposal was prepared and is in the handwriting of one R. G, Franks who was then in the employ of the Florida Road Oiling Company, and who made the affidavit referred to in the report of the investigating committee in which he states that the Florida Road Oiling -Company meed to do the work for 9* cents per square yard, and that the price was changed to 12 cents for the reason that John H. Atkin, then I chairman of the Board, was a stockholder in the Florida Road Oiling Company. The original proposal appearing$ as I am advised; in the handwriting of the same mm who i made this affidavit, contains the proposal to the county for the work to be done at the. N price of 12 cents per square yard. The figures 1912 cents" appear therein clearly; plain, ly and legibly and the same do not appear to have been tampered with and the whole thing is entirely too plain for any mistakes to be made therein, and shows that.the original proposal made by the Florida Road Oiling Company to the county through its president, Hr. Miller, and as I am informed in the handwriting of its bookkeeper, Wro Franks, was at and for the price of 12 cents per square -yard. -This copy of said contract has been in the possession of Wc. Do L. Leishert County Engineer, since the time of its execution ,and was by him delivered to me at my request during my investigation of this situation since the matter has been referred to me by the Board. Br. Leisher states to me that there never was any other price mentioned or considered in connection with this work other than 12 cents. The bid itself is public property and any person examining it can 1 1 1 1 1 see that there has been no change in the same, that the original figures are not changed and were and are if cents. Firo leisher further informs me that prior to the letting of this contract to the Florida Road Oiling Company, he got in touch with the $eleher Asphali Company of Miami and A. O. 0reynolds of Vest Palm Beach$ who were then the two only other companies doing asphalt business in this section of the state,, and that he was advised by each of them that the best price they could make to the county for the worts covered by the contract with the Florida Road Oiling Company was 15 cents per square yard, and that It was upon his recommendation that the Board let the contract to the Florida Road Oiling Company -because its price of 12 cents was less than the price the worts could be done for otherwise, I have also before me statements furnished bg by Mr. E. H. Collins, Jr. County Engineer of 3t. Ducie County, Florida, which show that from -February 19 19269 to July 31, 19289 the lowest price which road asphalting was done for St• Lucie County at the price of 15 cents per dquare yard. Biro Leisher also advises me that Mr. John H. Atkin did not discuss with him in any manner the question of the letting of the contract to the Florida woad Oiling Company; and that it was let to this company colelybecause 0 of the fact that after getting in touch with other contractors, he found that the price which the Florida Road Oiling Company proposed to do the work for was less than that for which it could be done otherwise, and that this was the sole and only reason the contract was 'let to the Florida Road Oiling Company. I have also interviewed Er. Atkin with re - Terence to this situation and he tells me he was never at any time a stockholder in the Florida Road ailing Company* In view of the original contract which I have before me and which, as before stated$ shows that the original proposal was made at 12 cents, and in view of the statements made to me by the County Engineer$ whose integrity and truthful- ness I cannot and will not questions. I fail to find where there is any reason for criti- cism. for the letting of the contract for road surfacing to the Florida Road Oiling and that instead of there being any question of loss to the county of $8,000 as a result d thereof, that by reason of the careful attention paid to his worts by W* Leisher, the County,F.ngineer; the county was saved on this contract for 3479000 square yards the sum of $3.09410.00# and that instead of there being any criticism leveled ,at the Board or any of the county officials for the letting of this contract; the officials are to be commend ed for their attention to the interest of the county in letting this contract at what has been conclusively shown to nee to be a saving to the county of approximately $109000. I cannot give credence to the statements of street corner gossip and alley prattling of disordered minds that the county has been defrauded to the amount of $8000 in the letting of the road oiling contracts when the facts as they have been presented to me conclusive]yylr demonstrate to my mind that there has been nothing wrong in any manner in connection with this contract and that the officials are to be commended therefor rather than criticized. With reference to the letting of this contract without advertising, it is my opinion that Section 10688 of the Acts of 1925 authorizes the letting of the contract without advertisement. Had this been the only contract for county work that has been let without advertising there might have been some criticism leveled at the officials on the face of the record, even though the act in question authorizes the letting of the contract in such a manner; but as shown by the report, it appears that on August 109 19269 the Board purchased five trucks from the Indiana:=.aTmek Company at the price of $1600.00 each for Road and Bridge District No. 4 without advertising for bids. An ex- amination of the minutes shows that it was on motion of Commissioner Donald Forbes that these trucks were so purchased; and my investigation of this situation from the county engineer is that the work.that was being done in Road and Bridge District No. 4 necessit -ed the purchase of the trucks in question, and that it was possible to purchase the X25 particular trucks that.were purchased.at considerably less than the list price because the same had been slightly used and had been repossessed by the county from the pur- chasers who has been unable to.make their payments; and I cannot think frommy investi- gation but that this was another oase in which the officials of the county are to be commended rather than criticized , and I think that the purchase of these Prucks was also authorized under the provisions of Section 10688 of the Laws of 1925. I also call your attention to Chapter 11553 of the Laws of Florida Extraordinar ftaalon 192% which is in praabtIcaljy .tbe -.same language as Chapter 106889 and which authr orizes the Board to construct roads and bridges in the county out of the general county funds, either by letting said.work by contract or by employing labor by the day or month and providing necessary machinery; teams and equipment without letting said work by con- tract, and this, in my opinioa'authorizes the purchase of the two automobiles as referred s to in the report of the investigating committee as being purchased out of general county funds 7. The seventh and concluding paragraph of the report relates to the purchasing of supplies from meihbers of the Board. There is no question but what the statute quoted by the investigating committee makes it illegal for state and county boards to purchase supplies from any member of the Board or from any corporation in which any member of the Board is interested. I have been attorney for the Board of County Commissioners since tY creation of Indian River County and so far as I know there has Never been any action taken by the Board authorizing or providing for the purchase of supplies by the Board frc any member of the Board or from any corporation in which such member was interested. I understand that the county engineer and perhaps some other subordinate employees or, officials of the county have purchased supplies from Redstone Lumber & Supply Company, a corporation of which John H. Atkin; one of the members of the Board, is a stockholder, but ethe question of liability of members of the Board for the purchase of such supplies must be discussed and determined from two angles, that is, from a criminal standpoint an.; from a civil standpoint. It is my opinion that the criminal statutes have not been vio- lated and would not be violated unless some affirmative action on the part of the Board itself was taken providing for the purchase of such supplies and for the payment of s supplies so purchased; and that unless such affirmative action was taken by the Board s for the purchase of supplies that the purchase of incidentals from time to time by sub- ordinate employees of the Board would not constitute a violation of the criminal pro- vision of the statutes. However; if my interpretation of this is wrong, each and every member of the past and present Board would be guilty of violation of this section, and it is my opinion that no one member could be vonvicted for violating Section 7472 be- cause this is an inhibition against the Board as a whole and the Board as a whole are those members on it not voting against such a purchase and would have to be indict6dd4Ud.' convicted as a whole, in my opinion. The other question involved would be the vivil liability of the members of the Board for purchasing supplies; which was considered by the Supreme Court of Florida in N the case of Lainbe t vs Burrs 38 :lou. 711; referred to by the investigating committee in I its report. The committee states that its understanding of that -decision is that the Supreme Court therein held that any member of a Board who votes in favor of paying any bill for materials or supplies -purchased from a member or from a corporation in which he is interested is liable to the county for the sum so paid. I do not get any such impression from the holding of the Supreme Court in the case of Lainha.rt vs Burr, but on the contrary it seems to me that the Supreme Court very clearly therein held that 1 1 1 where the supplies had been actually used for county purposes. and the warrants issued had been actually paid that relief should be granted according to the following rules: The commissioners should be required -to account for and restore to the treasury the full amount paid out by them on-a000unt of such transactions as were tainted with actual fraud, but that upon all.transactions of the nature mentioned, where the supplies furnished were necessary and beneficial to the county, in the purchase of which uw.,,aotual fraud was perpetrated and which the aommissieners would have had authority toopurohase�)fromnotlter persona for the use of the oounty; the commissioners should be required to account for and restore to the county treasury only the money paid therefrom in excess of the actual cost of the supplies to those who furnished them, such cost mot ,to, exceed their reasonable market value. In other words, that the only civil liability that could possiblyattach from the of supplies by subordinate enployees of the Board from a member of the Board or from a corporation in which a member of the Board was interested would-be that the commissioners might be liable for the profit made on the transaction by the mekber or the corporation in which the member was interested) and,.of course, any such liability could not in any manner attach to one member of the Board; but would have to attach, if at all, to each and every member of the Board; and any action brought thereon would have to be a joint action brought against each and every member of the Board and not against any one part -lar member In conclusion; permit me to repeat that I have been attorney for the Board of County Commissioners of -Indian River County,Florida; since the creation of the county and that I have an abiding confidence in the honesty and integrity of the gentlemen who have occupied the positions of county commissioners for the.county since its creation, and in the Clerk of the Circuit Court of said county, and. I believe I can say without exception that they have had the best interest of the-oounty at heart at all times; and I am unable to rind, in my opinion, where any one of them has violated any of the statu- tea of the state regulating and fixing their duties as County.Comnissloners and Clerk in any manner that would warrant or justify any criminal or oivil action being taken agains them either collectively or individually as a result thereof. Respectfully submitted, James T* Vocelle County ,attorney James 0. Watson and. others appeared before the Board respecting the probability of reducing the tax levy for the year 1929. After considerable discussion from varioud citizens it was agreed to confer with the School Board, the Trustees of the Atlantic - Gulf Special Road & Bridge District and others and ascertain what can be done along that line. The following resolution was offered and unanimously adopted by the Board; Whereas; the. Board of :County Commissioners of Indian River County, Florida, has heretofore accepted the offer of J. M. Knight and associates to deed to said Board five acres .of land in what is known as Brae Burn Park, in the City of Fero Beach, in said county, to be used by said Board for Court -House and jail and public 'bullding site, and Whereast said Board has selected the tract of land which it is willing to accept from said J. M. Knight and associates as a site for Court House jail and public buildingsl!!I for said county, which tract of land so ss6leoteld by said Board is described, as follows, III . Ip to -wit: Beginning at a point seven hundred (700) feet eash and thirty (30) feet south of the NW corner of the SAk of the g; Seo. 2; Twp., 33 South Range 39 East; y Thence east parallel to the north line of said S of SZi6 three hundred forty five and seven tenth (345.7) feet„ Thence south parallel to the west line of said.S* of ,S* sig hundred and thirty (630) feet; Thence gest parallel to the north line of said S of SF4 three hundred forty rive and seven tenth ( 345.7) feet • -Thence north parallel to the west line of said SW,41 of SE six hundred and thirty ( 630) feet , to the point of begiVningo Containing five (5) acres. Therefore; °e,be it resolved by the Board of County Commissioners of Indian River County, -Florida, that the foregoing described tract of land be, and the same is, hereby accepted by the Board of County Commissioners df said county as and for a -site for the Court House and jail and other public buildings of said county, and that the Chairman and Clerk of said Board are hereby authorized, on behalf of said Board, to accept a deed conveying said above described tract of lanai to -said Board for a Court House, jail and other public buildings site, upon the exeeution-of a warranty deed, which shall convey said property to said Bbard free and clear of all incumbrances whatsoever, and to be approved by the attorney -for said Board, and that upon the execution and acceptance of said deed aforesaid that the above described tract of land be, and the same is, hereby designated as the permanent location for the construction and erection of Court House, jail and other public buildings of Bald county. 4 The following resolution was introduced by Commissioner Atkin, who moved its adoption, and was duly seconded by Commissioner Yongue Be It Resolved by the Board of County Commissioners of Indian River County, Florida, that under and by authority of Chapter / 1 G� of the Laws of Florida, Acts 19299 it is hereby determined that interest bearing time warrants of Indian River County, Florida,. in the aggregate sum of twenty-two Thousand Dollars ($22,000) shall be issued as follows: Said time warrants shall be in the denomination of One Thousand Dollars each; shall be dated October 19 1929, and shall be numbered from 1 to 229'both inclusive, The said time warrants shall draw interest at the rate of seven per centum per,annum, interest payable semi-annually. Both the principal and interest of said time warrants shall be payable at the - s office of the Chemical Bank & ,gust Company, New York, New York. Said time warrants issued under this resolution shall mature and be payable as follows: Nos. 1 to 59 inclusive, due and payable October 1p 1930; Nos. 6 to 109 inclusive, due and payable October 19 1931; Nos. 11 to 15; inclusive, due and payable October 19' 1932; Nos. 16 to 20; inclusive, due and payable October 19 1933; Nos. 21 and 22 due and payable October 1,.1934. Said time warrants shall be signed by each member of the Board of County Commissioners of Indian River County, Florida; and shall be attested by the Clerk of s Board, who shall affix the seal of said Board hereto, end said time warrants shall be in the following form, except as to number and time of maturity; to -wit: 1 I - 'I fl J I 1 1 a, UNITED STATES OF AWE,RIOA COUNTY OF INDIAN R IVER, FLOR IDA. TIME WARRANT (18 sue T. W. } 000.00 THE COiTN`I`Y OF INDIAN RIVER, FLORIDA, for value received hereby promises to pay to the bearer the sum of - - - ONE THOUSAM DOLLARS - ($11,000) on the lot day of October; 19.; with interest thereon at the rate of seven per cent per annum, payable semiannually; both principal and interest payable at the office of the Chemical Bank & Trust Company, New York, New York. This Time Warrant is issued under and by authority of Chapter„ of the Laws of Florida, and by a resolution of the Board of County Commissioners of Indian 'diver County, Florida; duly passed; and it is hereby certified that every requirement of law relating to the issue hereof has been duly complied with and that this Time Warrant is within eery debt and limit prescribed by the Constitution and laws of the state of Florida. IN WITNESS WBERE©F; the said County of Indian River has caused its seal to be hereto affixed and this Tim -Warrant to be signed by the Board of County Commiss- ioners. of Indian. River County and attested by its Clerk; this lst day of October, 1929. (SEAL) Chaitj�dn_ Board of CdunVTonmis.sloners of Indian River County. (SEAL) (SEAL) Attest: (S) (SEAL) m ers of Board Clerk There shall be interest coupons attached to each of said interest bearing time warrants attested and executed by and with the lithographed or facsimile signatures of the members of said Board of County Commissioners of Indian River County, Florida, and of the Clerk of said Board, and that the acts of said officials in. 'so signing and executing said coupons are in all respects authorized; ratified, confirmed and approved and their lithographed or facsimile signatures are hereby authorized and adopted as the due, proper and authentic signing of said coupons on behalf of Indian River County, Florida, and the said coupons shall be in the, following form, to -wit: No . County of Indian River (Form of coupon ) 035.00 $35.00 Mate of Florida 00 Fill pay to the bearer at the office of the Chemical Bank & frust Company, New York, New York, Thirty-five Dollars ($35.00) in lawful money of the United States on the lst'day of A. D.; 19 for six months interest then due on Indian j River County Time Warrant, Issue No. _______. oto. ( SEAT, ) a of Board of Couat-F a Commissioners of Indian River County. (SEAL ) . ASM) (SEAL Attest: (SEAL) tubers o oar The Board of County Commissioners of .said .county may sell the above time warrants at private sale without advertising; provided they are sold at not less than par, or said time warrants may be sold to the highest bidder after advertis+tnt for two successive weeks in a newspaper published in said county, provided that no public sale a of said time,warrants shall be for less than ninety-five cents on the dollar, together with all accrued interest -to date of delivery The proceeds of the time warrants provided for herein shall be used for the purpose of constructing and equipping a jail in and for said county. It shall be the duty of the Board of County Commissioners of Indian River County, Florida, to assess and levy annually a sufficient tax on all the taxable grope within said county for the purpose of obtaining interest and raising a sinking fund for the payment of the time warrants provided for herein, which tag shall be levied, assess- ed and collected in the same manner as other taxes, and it is hereby made the duty of, q the said Board of County Commissioners to.levy such special tag annually at the same time other taxes are. levied, so long as any of the warrants hereby authorized to be is may be outstanding end,- unpaid* Whereupon the roll was called upon the adoption of the said resolution and resulted as follows: 1 Ayes: Commrs. LaBruce; Hamilton; Yongue, Atkin & Helsetho Hays: Alone Mr. T. H. Leversedge, representing Pauly Fail Building Company appeared be- fore the Board and made an offer to purchase from said Board $22;000 in time warrants as provided for by resolution this day adopted by the Board, which offer is in words and figures as follows; to -wit: Sept. 16 1929. Board of County Commissioners Indian River County, Florida, Gentlemen: We hereby offer and agree to purchase from your Board $22,000.00 Indian River County, Florida, Time Warrants; as provided for in resolution this day passed by your Board, and to pay therefor the sum of par plus accrued interest to date of delivery, said Time Warrants to be dated -October 1, 19291, and to bear interest at the rate of seven per cent per annum; payable semi-annually; and we agree to take up and pay for sa Time Warrants at the time and in the amounts as specified for payments to be made by Honorable Board for the construction and equipment of a jail in and for said county, accordance with out bid originally submitted to your Body. Yours very truly, PAULY TAIL BUILDING COMPANY BY J, H, Leversedge Whereupon= Commissioner Yongue introduced the follow4-resolution: in 1 I. 1 1 Fj� Be It Resolved by the Board of County Commissioners of Indian River County, Florida, that the bid Of Pauly Jail Building Company for the purchase of -$229000 in Time Warrants of said County, as set forth in the within and foregoing bid, at and for the sum of pars plus accrued interest to date of delivery, to be taken up and paid for J J J In accordance with the terms of said bid; be; and the same is hereby accepted and said Time Warrants sold to Pauly Jaid. Building Company in accordance with the terms and con- ditions of said bide Said resolution was duly seconded by Commissioner Hamilton and adopted by the following vote: Ayes: Commrs Druce, Hamilton, Yore, Atkin & Helseth, Noys: 'one. It was ordered that the Clerk of this Board have the Chemical Bank & Trust Co., New York prepare 22 Time Warrants for use of the County according to resolution this day adopted. The matter of reduction in wages of road crew was ordered tabled until the next regular meeting, on motion made by Commissioner Hamilton and seconded by Commissioner Yongue. Commissioner Hamilton made the following motion: non account of the conflict in interest between the County, following corporations and individuals: Farmers Bank; Indian River County Bank; hero Beach Bank & Trust Company and its Receiver; the Red- stone Lumber & Supply Company, and others which Mr.- James T. Vocelle, our present attorney, or the firm of Vocelle & Mitchell, of which be is a member, represents, I think it is to the best interest of the County and the Board to dispense with the further services of the said James T. Vocelle as our attorney. I, J.J.P.Hamilton, therefore make a motion that the services of James T. Vocelle as our attorney be .dispensed with from and after this date. Which motion was seconded by Commissioner Yongue, and on roll call those voting for the motion were Commissioners Hamilton, Yongue and Helseth. Opposed to the motion Commissioners LaBruee and Atkin. It was moved by Commissioner Hamilton, seconded by Commissioner Yongue that the Board employ C.P.Diamond, as the Board's Attorney at a salary of -$25.00 per month Those voting for the motion being Com'rs. Hamilton; Yongue and Helseth. Opposed to the motion Commissioners LaBruce and Atkin. Mr. Diamond appeared before the Board and advised the Board he would not accept the appointment at the salary stipulated and named. It was moved by Commissioner Hamilton and Seconded by Com'r. Yongue, that the Board employ C.P.Diamond, as the Board's Attorney'at a salary of $50.00 per month Those voting for the motion being Com'rs. Hamilton; Yongue and Helseth. Opposed to the motion Commissioners LaBruce and Atkin. Labor pay rolls presented by the County Engineer having been examined, were approved and warrants ordered issued in settlement of same. Said warrants being recorded in the County Finance record of the County, and which by reference thereto is made a part of these minutes as fully and completely as if the said warrants were listed herein in detail. There being no further business on motion, made, seconded and carried the Board then adjourned until the regular meeting to be held in October 1929. ATTEST: Clerk.