07-24-42 v MINUTES OF THE ADJOURNED REGULAR MONTHLY MEETING OF THE ATLANTIC BEACH
TO'VN COUNCIL HELD AT 8 P. M. ON JULY 24, 1942.
Pursuant to the adjournment from the 21st of July, 1942 to the 24th of
July 1942, the President called the meeting to order the the following
members were present.
41/0
G. L. Rosborough , Major
H. G. Isaacs
Fred C. Allen
E. L. Chiasson
James A. Cranford
S. S. Jacobs
The Treasurer submitted the monthly financial report which
was approved and ordered filed.
The matter of Attorney' s fee in the Adams Seawall Case was
thoroughly discussed and all members of the Council expressed their
opinion in reference to this matter. It was the consensus of opinion
that there should be some consideration given to the fact that when
this suit Was authorized and ordered instituted the question of Attorney' s
fee was fully considered, and at that time it was the opinion of the
Town Attorney that the fees in the case would be charged to the Hotel
Company; that the Town would not anticipate the payment of Attorney's
fee, and consequently , no unnerstanuing was had with the Attorney in
reference to his fee ; that the Court ruled that the Caption of Legislative
Enabling Act is not broad enough to provide for Attorney's fees; that
as a matter of fact, this court decision left the Attorney without any
guarantee of fees in the case ; that it is doubtful that any of the
principal sum or straight interest could be applied to the payment of
Attorney' s fees and that apparently the only money available at this
time to pay the Attorney is penalty interest amounting to $1584.01.
Had the Town anticipated this suit in the light of any other recovery
suit where Attorney ' s fees must necessarily come from the amount re-
covered, that a very definite fee would have been nrovided for and the
Town Council would have been in position at that time to have arranged
the suit within the means of such funds available aside from principal
and simple interest.
After a lengthy discussion, Mr. Chiesson mwed that a fee of
10% based upon the amount of money recovered by the suit exclusive of
either accrued interest or penalty interest be tendered to Mr. C . Howell ,
Jr. as his fee in this case , plus the actual expenses as shown by Mr.
Howell ' s bill , totaling $61.42, or that Mr. Howell be paid $2,297.85,
plus the $61. 42 as the totalfee to be paid out of the general fund or
other sources when available .
Mr. Allen offered an amendment to this Resolution providing
for the elimination of the words "other sources." Mr. Cranford seconded
Mr. Allen 's motion which was tabled by a vote of three to two.
Mr. Chiasson ' s Resolution was seconded by Mr. Jacobs and was
then adopted by the Council.
The Mayor requested that the City Supervisor write the State
Highway Department, thanking them for the white lines on the highway
East of the Canal.
Mr. Allen offered the following Resolution which was seconded
by Mr. Cranford and unanimously adopted:
RESOLUTION
RESOLVED BY THE TOVN COUNCIL of the Town of ^tlantic Beach,
Florida, that every candidate for the office of Mayor or for Membership
on the Town Council to be elected at an election to be held on the
11th day of August, P .D. 1942, desiring his name to be printed on the
official ballot, shall notify the Town Clerk, in writing, on or before
the 1st day of August, A.D. 1942, at 6 o 'clock P. M. and each candidate
for Mayor filing such notice shell be required to pay a fee of
and each candidate for member of the Town Council , a
fee of at the time of filing said notice .
RESOLVED FURTHER , that the Town Clerk shall have prepared
for said election, a printed ballot with the names of the candidates
complying with the terms of this resolution, and there shall be printed
under each office to be voted for in this election, blank lines equal
in number to the names of the persons who may be elected to fill that
office. 41111
The form of ballot to be used at said election shall be in
substantially the following form:
OFFICIAL BALLOT
ATLANTIC BEACH, FLORIDA
Election of August 11 , 1942.
Make Cross Mark (X) before the name of your choice.
Vote for one
For Myor
Vote for five
for Town Council
11111
RESOLVED FURTHER, that the Mayor shall appoint three Inspectors
to hold said election, which shall be held and conducted as nearly as
may be the same as State Elections and it shall be the duty of the
Inspectors to certify the result of said election bo the Town Council ,
which shall meet at eight ( 8) o'clockP. M. on the said August 11 , A.D.
1942, to receive the returns of said election and declare the results
thereof.
RESOLVED FURTHER, that the person receiving: the highest vote
for Mayor shall be declared elected and the five (5) persons receiving
the highest vote for Town Council shall be declared elected for the
ensuing term.
RESOLVED FURTHER, that this Resolution shall be nosted at
the Town Hall.
Approved this day of July, A.D. 1942.
Mayor
President, Atlantic beach Town Council
Town Cler1
The Mayor appointed the following Inspectors to hold said
election:
C. I Frazier
J. L. Russell _
Vera E. Smith _
There being no furt er business for - onii i _rati , ii ,
VAr Was adjourned. Am
Presiden ,