1950-11-28 MINUTES OF CITY COUNCIL SPECIAL MTGInsert - Special Meeting;, November 28
At this point President Prebish was asked -to explain what happened at the time the
check was to be delivered t o Mr. Carballo. He stated that on November 23rd. he receive_ d
a.call from Mr. 71m. Pruitt advising that an injunction =ryas to be sought against paying
out the q750.00 authorized by the Council on Hovember 21st. Ho then called sirs. Martin
and advised her not to issue the check until further directions. Then Mr. Carballo
called and he likewise was advised of the injunction but was informed that if the in-
junction was not served by FridZV morning, November 24, and if the re7o ase was in order
the check would be ordered issued. On I'Iovember 24, President Prebish came to the City
Hall, found the release in order and directed the City Clerk to deliver the check. At
this point Mrs. Martin presented a letter from A;iayor Acker directing in substance that
the check be not issued. President Prebish wrote on that sane letter orde •s to -the
effect that there being no injunction served and the release being in order, that the
check be delivered. Idrs. Martin suggested that before she issued the check she be given
opportunity to call IAr. Ruff, the City Attorney, to find out exactly what to do in view
of the fact that the I'lIayor had directed the check not to be issued and the President
of the Council had directed that the check be issued. With the request President
Prebish stated both t o I.ir. Carballo and r4rs. Martin he considered Dirs. Martin's request
a reasonable request and loft the City Hall*
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MUTUTES OF THE SPECIAL IMETING OF THE CITY'
COUNCIL 0:1 SOUTH -MlPtl HELD TUESDAY EIM.MG,
NOVEMBER 26, A.D. 1950 AT til, COV111U ITY
BUIiDING AT 8300 P.15
The meeting was called to order by President Prebish, with Mayor Acker, Attorney Ruff
and Councilmen Corley, Carballo, Gresham, Rebozo, Andrews and Prebish responding to
roll call.
President Prebish read the notice for the meeting which had been called at the
of Councilman A. J. Rebozo, E. J. Corley and John J. Andrews for the specific;
and sole purpose of hearing a report from John huff, City Attorney, upon the suit
now pending in Circuit Court wherein Tfilliam Iffall'is is plaintiff and the City of South
l,iiami is defendant, and taking whatever action may be necessary in the premises.
Attorney Ruff first reported on a notice filed on him on November 27th. by Julian
L. Cu °rballo regarding suit to be filed. He stated that in endeavoring to build up a
defense in the injunction suit filed by William Wallis he found that Resolution No. 366
stated "that the sum of .`750.00 be paid as costs and expenses" and it is his thought
that the expression "and expenses" materially weakens the City's defense because the
Court Order struck out the expression "and expenses" but authorized re- imbur3e*_n3nt
of costs. His further unders'uandiug is that the iiiinutes of the several discussions
of the Council to settle the issue reflected more properly a consideration being
Paid for a bona -fide release to be submitted by Mr. Carballo and if payment is pr'o-
mised, on the resolution reading th,1t he is being paid the amount of costs as certified
or computed by the Clerk of the Court plus the difference between that and the $750.00
as a valid considerations for release for any claim that he may haver the City vrould
certainly have a more substantial reason for paying out the $670.00 (difference)
approximate amount and lie sug ested that the original resolution ;r 366 be rescinded
for another resolution, deleting "and expenses" and substituting the bal^.nce pnid
in consideration fora release. ,
It might be considered as a deliberate effort the side -stop the injunction but resolution,
'p366 did not adequately reflect the reasons for the Council's desires to pay -the money.
Councilman Andrews stated they have lost the benefit desired to attain of bringigg the
I to conclusion. There roo.11y does not exist any more reesou for the Council
to pay the money.
President Prebish read the resolution proparod by Attorney Ruff, rescinding Resolution
No. 366. I
Mayor urged other passage of a resolix "lon to pay the costs per Court order and let the
injunction be made permanent by default.
Councilman Andrews, re the paymout of money, stated the fact does remain that at
least one citizen in thin to•,•rn hao filed an opposition to the payment of this money.
How many others are thoral
Councilman Andrews asked if the hoarin;, on the injunction i.; coming, up soon.
Attorney Ruff replied he cannot tell, but tho�,angwor must be filed in 3 diys and then
possibly within 10 days or 2 wooks a, honrin�l can be sot.
Councilman Groohr.m moved tixct a rosolution be dvvan au:44,oriti'ng payment of the 'court
costs of '70.00 providod Abhu ulty AIV, a cortipiad appidavit 6f costs,
j.:ction' lost for .rant 617 a second.
Pa ;e
President Prebishls recom+iendation to the Council is to accet ?t; Councilman Gresham+
proposal and have the City Attorney g� . „cor +a Y ad af'fidavi�t o-' costs.
fl Follicvin, discussion on the injunction y
C � injunction, resident Prebish stated the Council should
decide what to do: .
Councilmen Rebozo, seconded by Councilman Andrews, moved that the City Attorney be
J p y.
instructed to defend the injunction and resent facts as he knows them to be actuall
Mr. Boyden 'stated as a citizen he objects that any more money be spent on this matter.
He believes the majority of citizens object. He suggested trying to get a definite _
expression from the first judge whether the City is within rights in recompensing
Councilman Carballo.
Councilman Carballo got into the audience end stated he was talking now as a citizen
who has been insulted by some of the members of the Council. Wants to reverse the
case. Re: his statements about somebody going to be sued. The Council agreed to
pay him for his trouble. He is protecting his rights per Section 29 of the City
Charter. If he does not do that he would jeopardize his rights. He says he will
not harm the citizens of South Miami,, they should not be the goats and should not
pay for the misdeeds of some of those sitting at that table.
Upon 'a call for the vote, the motion was carried by poll, as follows
Corley yes Carballo not voting Gresham no Rebozo yes Andrews yes; Prebish no
be instructed to obtain certified copies of the costs arO prepare a resolution
Councilman Gresham, seconded by Councilman Andrews, moved that the City At
Lion
authorizing the Council to pay same to Mr. Carballo.
Motion carried by,poll as follows:
Corley So. Carballo not voting Gresham yes Rebozo yes Andrews yes Probish yes
The meeting adjourned in regular order at approximately 9:25 PAT.
es dent City- Counci
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