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HomeMy WebLinkAbout11/5/1932432 and the list so recorded being made a part of these minutes as fully and completely as if the said warrants were set out herein in detail. There being no further business on motion made, seconded and carried the Board then adjourned. ATTEST: Chai rman Clerk. r rrrrr-rrwwrrrrrr AM rrrrrrrrrwrr�A r�rr ��rww�wrrrrr�rrr rr rrr wwr*1 .rrrrr r�r-rrrw�wrwr rrwrrrr� SATURaAY9NQT 5th ,1932. The Board of County Commissioners in and for Indian River County, Florida, met at the Court House in Vero Beach, at 2:00 ofclook P.M. Saturday, November 5th 19329 with the following members of the Board presents .Albert 0. Helseth,. Chairman; J.J.P.Hamilton and Eli C. Walker. Also .present was Miles Marren, Clerk. The Chairman announced the meeting was called for the purpose of making final settlement between the Columbia Casualty Company, surety on the official bond of Gordon R.Olmstead, foaner Tax Collector and the County. The following resolution was offered by Commissioner Hamilton, and seconded by Commissioner Walkers and duly adopted: XM1REAS# on the dth day -of November$ A. R., 1928, Gorden R. 022stead was duly elected tax oolleator in and for a of Rivers tate of Florida to hold o the County.of Indian Ri r, 8 � his office for the term of four years from the first Tuesday after the first Monday In January, 1929* and until his successor was duly qualified, according to the Consti- tution and Laws of the.State of Florida; and WRU:Q1AS# said Cordon R. Olmstead did give personal sureties, obligated severally In the total amount of QTY THOLZAND AND N011,00 0.000.00 DOLLARS# conditioned tha the said Gordon R• Olmstead should render a correct and faithful account of all moneys that might Rome into his possession or custody by virtue of his said office* and faith- fully perform all the duties of his said office as prescribed by lair, the said persona securities and the amount of their respective liability f®r the said $20#000'POi being a follows: William Atkin 70500000 D• C. Cox : . . . • . • • . 1 800.00 Forrest Go . 3i©00 0 0 C• Fi Olmstead 1 500.00 Fred C. Doeschner .. ` . . i . 1 000.00 W. J. MRher . . s . . . i 1, 000„ 00 Charles Harris; 4 20000,0.0 G. L. Harrell 10000.00 B. T. Redstone . . i , . 1#500.00 i W. 8. Graves, Jr: 2* 000.,00 ; and WEMMSO said 420000*00 of the bonds of said personal sureties was in full force and effect at the time the said Gordon R. Olmstead entered upon his duties as said tat collectors, for the tezm of office first above set forths to-witt on the first Tuesday after the first Monday in January, 19290 and the same has continued in force since that date; and SEAS, thereafter on the 89th deg of November, 1929, the said Gordon R. Olmstead did give his bond an tax collector of Indian River County, Florida# in the amount of #80s 000.00 With COLMMIA CASUALTY 000ANY1, as sururety, wherein Doyle N. Carlton* Governor Ll u J 1 F_j of the State of Blorida, and his ,successor in office were named as obligees, conditioned as follows s "Tho condition of the above obligation is such# that Whereas the above bounden, Gordon R• Olmstead, was on the 6th day of November# A. Di 19280 J b9106ted Tax Colleotor in and for said County of Indian P ver# to hold his office for the•term of four years from the First Tuesday after the first �bndeay in January, - A. p, 19290 and until his. successor is quay.- fled* and according to the Constitution and Laws of tb Stats of Florida► { "Now#, if the said Gordon R. Olmstead shell gender a correct and faithful account of: all moneys that may come into his possession or custody by virtue of his said office, and faithfully perform all the duties of his said office as proscribed by law#,, then this obligation to be void, other - wise to be and remain in full. farce and virtue„ "Provided# however . That the liability under this bond shall comr. mono's from January 1, 1930' end the surety hereunder shall in no event be held liable in respect to any act of the-16aid principal oommited Prior to the said date or for any shortage existing prior to the said dates or for funds or property used or applied towards such shortagew'* and NUERMOs the said bond of Columbia Casualty Company is Movies now of full force and effect and hes been in full force and effect since the date therein named; and M11=89 -the accounts of said Gordon R. Olmstead as tax collector of Indian River County, Florida, have,# from time to time# been audited by the representatives of the State Auditor of the State of Florida as required by law# and have been found to be correct and have shown that the said Gordon R. Olmstead has folly accounted for all moneys 0 mmi.ng into his hands as odoh tax collector and that he has faithfully performed all of the duties of said office, except that his audit was so made by Assistant State Auditors W. R. Hudspeth, ,dated January 3.1# 19328 which revealed a shortgage in the accounts of the said tan collector in the amount of $5#;986 07# and except that a further audit was made covering the.period of time from January 88 19320 and dated October* 138 1033s by J: Be Wethiagtout Assistant State Audltor#; which showed a further shortgage in the amount of .$JQ, 580,54, and In addition thereto, it is shown by said auditor that the said Gordon R. Olmstead#. as tax collector of Indian River County, Florida# on November 7# 1951# had on deposit to his credit as said tag e03.leotor#4 in the Farmers of Vero Seachip a duly authorized and accredited State Depository of public funds, the am of 027847#69#, and that with the approval 'of the Comptroller of the State of Florida„ and. by Resolution of the Board of County Commissioners of Indian River Cotntty$ Florida# the said deposit was frozen to the extent of 80% thereof; and WMWASO the said Gordon R. O mstead# as tax collector of Indian River Countyp Flo r- 14% had taken fram the said Farmers Sank of Vero Beach, and holds as security for said deposit certain collateral security as follows: r Real Estate, Vero Del Mar bonds, due Slily 10s 1931 #38#,39 and 40 . . . . . . 500;00 a X41^ i • . . . t . .. • . . . i . . 50000 #230 to 140 Inc . • . � . . 3.l# 000000 Indian. River Securities Co. Bonds, #8,e due lannery is . 1933 • , . . • . . . . . . . . . . . . . 18,000.00 390; due January 1, 1938 , . . . • . . * . • . . . . { 100.00 #41 and 4$s due January/ 10 1939 20 000.00 s date January 10 1940 R . s, • • • . • • • . • jo 5s�000•OO #409 due January 18 1941 `. . ,. . • • } . • s 140000 `#55s due 4aiusry 1s 1942 . : . : `. , . . ° 50,00.0.00 ` #60s due adnuary 1s 1.944 , } . « • • 0 • • • • • . 56;,000100 TOTAL • { 4 30$000:00 and r demand has been made upon the said Gordon R: Olmstead and his said sureties by the County Commissioners of Indian River County: Floridan maing claim for the said alleged shortages and the failure to account as afQrosaid; and '1A9g the said Gordon R: Olmstead and the sureties aforesaid• have disputed and do dispute the correctness of the said olaims and/or liability under said bonds for said alleged oladims and shortages; and ` it MOMs the said Gordon'R. Olmstead and the said Columbia Casualty Company have I proposed to make settlement of'the said alleged claims for shortages and the failure to account and/or the failure of the said Gordon no Olmstead to faithfully perform his s e duties as said tax oolleotorf and of any and all claims and demands whatsoever claimed r to be owing or that might hereafter be claimed to be owing by the said•Gordon R. 02mstea,4 as tax collector of Indian River County Florida$ by virtue of --his aotiaag as such tax C ovllectors and to this end# there has been offered by the said Gordon R• 03mstead and the said Columbia Casualty Company the.following; By Gordon R: almsteads certificate of deposit covering frozen assets in Famers Bank of Vero ]eaoh . � , . • • � s$8�847�,69 i c c i c Together with the real estate bonds and securities ( delivered by Farmers Bank of 'Pero Beach to the said Gordon R• Olmstead to secure said deposit and de- scribed as follows: Heal Estates Fero Bel Mar bonds, due July 10s 1931# #380 39 and 40 • `• • « 300,00 ` 47 • : w • ` « • • • • • 540;,00 #130 to 140 Ica11.4,000,04 ` Ire Indian River Securities Co' bonds, ` #80 `dMe Janua'ay 10 1933 1s`000i44 39, due January is 3,939 • « . , . . • 1000,00 #41 and .420 due January 1s, 1939 } . • • • 2:000000 4 44s due January 1# 1940 5$,000'00 #469 dine January 1. 1941. « • „ . . 1.40;00 #55# due January 1s 1943 s « } • i • • . • 5000,0-00 ` 66, due January 1. 1944• } « ! . . . « i t,,, SDtJ•dt) 6�00064t By Gordan R. 03metead, 6 bonds .of the County of St. Lucie, State of Florida and of the par value c c e of s000,00meaoh4 and described as follows• ` I 1 ; r it 6# 000900 1 1 I. 1 I I I I Accrued interest and,00mpons . . . . . . . . ..... . 90*00 Cash to be paid by Columbia Casualty Co: 9295610 'BEF'IM B3 IT R11SOLVEN by the Board of Commissioners of Indian River county, Florida# In meeting duly assembledg that the said proposal and offer so made by the said'„ Gordon R* Olmsteadandthe said Columbia Casualty Company be accepted In full and oomplet settlement and discharge of any end an liability of the said Gordon R. Olmstead for any and all acts of the said Gordon R. Olmstead as tax collector of Indian River County$, Florida# whether of omission or commission and In full and complete settlement and die - charge of any and all alleged shortages as set, forth and claimed 1A the reports of the State Auditor. checking his accounts and especially the, audits of Zanuary# 1932, and October$ 19320 as aforesaid$ and as well for any and all moneys collected by the said Gordon R. 01mateads, as tax collector of Indian River Countyg Florida. and deposited in the rarners Bank of Vero Beach and frozen therein and not .paid over to the proper authorl'- ties, and for,any, and all acts of mission or commission of the said Gordon R. Olmstead as tax collector of Indian River County, Florld% whether herein specifically stated or t not and for which there is or might be a claim of liability; and that the receipt of the aforesaid bonds# securities and moneys be and the om is hereby accepted in fall settle- ment of any and all failures, wether of omission or c=mission of the said Gordon R,* collector Olmstead As . tAor of Indian River County# Florida# to faithfully perform the duties of the office of tax.callootor of said 0ounty6 BZ1T FURPIMR =SOLVED# that the said proposal be and the sams when carried out* in hereby accepted an 11113 and omplato settlement and discharge of any and all 11abil- lty of Columbia Casualty ompany under and by virtue of Its said bond as aforosaid# and -likewise in fall and amplete,settlement and discharge of the bonds posted by the said William Atkins D. 0, Cox, Forrest 0. Graves$ C. P. Olmstead,, Fred 0. Doeschner# Wo Ze Maher# Charles Harris$ G.P,L* Harrellp B. To Redstone and W. C. Graves, ;r.p aforesaid# and that they and'eaoh of them and an well the Columbia disualty Company are each re- speotively released and discharged fran any and all liability by virtue of said bonds or any of them., AR ITZURWR IMOLVEDs that it Is understood that this said settlements discharge and agreement, shallo In no wise$ affect the claim of the said Gordon R* Olmsteadslas Z tt'' "I I tax collector of Indian PAver Countyp Florida$ for commissions on tax sales In the amount; of payable# after and when, redemptions are made, nor does the Board of 0ounty Commissioners of Indian River County$ Florida# recognize any liability for the I payment of some but the question of payment thereof and to whom payable, is left open ,for the determination of the Court* or any agreement that may be entered Into between the said Gordon R. Olmstead and his Assignee# and successor tax collector* HE IT FURTM RESOLVED8,*that Albert Oj Helsoths, as Chairman of the Board of Com- missioners of Indian River countyi Florida$ and Miles Warren* as Clerk of said Boards be and they are hereby authorized and directed to execute for and on behalf of this Board L and In Its names a general discharge and release In the tome of this Resolution$ In k words and figures as followe# to-witl IMCME) 07 GORDON R. OLUMMAD and COL IB CASUALTY 0011PANY9 a corporation under the Laws of the State of Now York$ with Its office and principal place of business at, One Park Avenue, Now York Gitys Now Yorks the following: FROM GORDON R# OLW2FAD Certitioato of deposit in Farmers Bank of Vero Beach Floridan dated the 436 1931 Together with real estate bonds am follows: ` Beal estates Vero Del Mar bonds, due July 109 1931 `. • , ! #150 to 140 Inc Indian River Securities Co$ bonds #8 due %Tanuary 1, 1933 • . . . . . . 398 due Tanuary 1# 1939 and 42$ due Z01nuary It 1939 • R • . + . : • + 0 • 44, due ` anuary 1$ 1940 . . . . .. . R . . . . #46, due Zanuary 1, 1941 • • • 9 . • t . • • • � . • ! i #55, due Januairy 10 1948 • r e w • • #66, due Zanuary 1, 194 Six bonds of the County of St., Luoie$ State of Florida& of the per value of $10000#00 eao#p described as follows 30000 0 500.00` 110000.00 1$ 000,00 100.00 30000.00 50000000 100.00 5 000 AO 5, 000.00 H 6,j000 i 00 Accrued interest and coupons attached 90,00 Cash to be paid by Columbia Casualty Company 921$95010 BY coLamik CASuiALTY oavAN-Y __._.. tha receipt of which is hereby aoknowledged, and of'wh1oh this instrument shall be conclusive evidenas, p The undersigned Board of Commissioners of Indian River Countyp, Florida* by and through its duly authorized President and Secretary#. hereby acknowledge receipt of the Ij above named and described certificate of deposit$ bonds and cash to be in fdll settle- �Iments release# final discharge and acquittance of any and an amounts$ claims, demands$. suite` aotions 'ohosee In action# causes of actions botds# writing##judgments, liens and liabilities of any kind or character whatever0.1in law or in equity which the obligees in the surety bonds 'of said Gordon R. Olmstead as tax collector noxi has or may hereafter acquires against the said Gordo)E Ri Olmstead, oovering his actions and doings as tax oollector of Indian River County, Florida; and likewise does accept the `same in recogai- tion of his faithful performance of hie duties as sudh tax collector of Indian River County# Florida; and as well in full settlement and discharge of any mind all liability that may be now or hereafter olaimed or asserted against Columbia Casualty Company as surety on the bond of the said Gordon R. Olmetead'as TU Collector of Indian River Cou Florida$ dated the 89th day of Aoveember#, 1989, in the penal sum of TAY THOtTSM AND Aq/100 c(E0�000,04) DOI.i, payable to Doyle B. Carlton, Governor of the State of Flo; N and his successors in office, and fully set forth in Resolution of Board of Commission of Indian River Cou tgf Florida, this day entered; and as well in full and complete set ment and discharge of any and all liability that may now or hereafter be claimed or a asserted against other sureties on the bond of the said Cordon R. OlmstoOds as Tax Collector of Indian River County, Florida& gamely: William Atkin# D. C. Cox, Forrest 0, Graves., C. F. Olmstead, Fred C. Doescbner, W. J. Maher, Charles Harris, G. L..Harreltp r 4377 1 1 1 . T. Redstone$ W. C. Graves, Zr. IN WITI F* the Board of Comissioners of Indian Rimer County, Florida$ hag oaused these presents to be exeouted for it and in its name and on its behalf by Albert a,-Helseths its Chairman$ therounto duly authorized by Resolution adopted by the Board G' of Commissioners of Indian River County, Florida# on the 5 day of November$ 19329 as the same appears of reoord in the offioe of the Clerk of the said Board of Commissioners of Indian River County in Minute Book 1a page _w and has further oaused the seal of the said Board of Commissioners of -Indian River County to be affixed hereto and attested by the Clerk of said Board of Comissioners of Indian River County$ on this the 5th day of November$ A. R.► 19326 'MIWO 'U41I,II , z 1�tf� ti Byt Albert 0,6 Helseth Chairman Miles Warren Clerk There being no further business on motion made, seconded and carried, the Board the adjourned until the regular meeting to be held in December 1932. AT ST Clerk. 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