1950-12-26 MINUTES OF ADJOURNED CITY COUNCIL MTGa ` -
BII<tU'l' 'S OF THE ADJOMUED 1%,M]'TING OF
TIM' CITY comicIt OF soum iou&a ir-LD
TUESMY E'VE11ING, DECIOMBEF, 25, A.D. 1350'
r AT "-TIE COIInIZITY BUILDZNG AT 3:OU P. ?d.
The meeting was called 'to order ny Pr�s,`idont Probish, with ;.all members of the Council,
Mayor Acker and Attornoy Ruff respondinr, to roll cal 1.
Councilman Andrews, secondol by Councilman PrJble, moved that the meEtting be tormingtod
not later than 10:00 - P.PdT.
Motion carried by poll.,.
Councilmmm Andrews, seconded by Councilman Robozo, moved that Ordinance Ilo.,a25,
caption of which follows, be placed on third and final reading; in its entirety.
Motion carriod end Ordinance No. J25, read in its entirety.
ORDINANCE NO. 425
AN ORDINANCE PRCZTIDING MR THE C014PENSA^1ION OF THE
1+0MMS OF' THE CITY COUIICIL FIND THIS MAYOR OF TI-; CITY
OF SOUTH t1Imn, PURsuAi1T TO SUBSECTION C-1 .AND C -2
:.
OF SE CTIOW 5 OF CITY MMIPER AS A1J1ENDED:
Thereupon Councilman Andrews, seconded by Councilman. Carballo, moved that Ordinance
No 425 be adopted as read. Motion carried by poll, as follows:
Corley yes Preble yes Carballo yes Gresham yes Rebozo yes Androws yes Probish: yes
Councilman Carballo, s'econdad by Councilman Andrews, moved that Ordinance No. i26,
caption of which follows, be placed on first reading in its entirety. :notion carribd
ORDINANCE NO. X26 (later striel.on)
AN ORDINANCE ,FIXING. THE DUTIES .OTC' VII DIFFT7i- MIT COT- 12MITTEMM, I
TIi CHARGE OF" TILE DIPFERNITT DEPA tTILTUNTS OF TIIE GOVE i31MINT
OF ThE :CITY OF SOUZj VIA?JI, PTJRXJA1IT TO X133ECTIaN ,A (1)
OF SECTION 5 OF TILE CITY CIit1RTER A3 MEDDED.
Presided-(; Prebish proceeded to rend Ordinance 11o. 426 in its entirety, by sections.
Following roading of the first section and discussion, Coun il:nan Andre -etz, socondod
by Councilman Gresham, rnovod that the reading, of tho proposed Ordinance No. 2.20 bo
dropped.
Presiden,v 'rtbish stated it an not• road tad ho would stri%e its
Councilman Corley submitted the Sanitary Cormsitfoo's repot and Pilo, in lud ng ro-
quvct for bids,- specifications, proposal Porm, ittstruotions to biddors turd con=
tractor's quostionairoa
Pronidont probish r3ad t1w request for bibs, the spec fic€ ;io>is; and the proposaal tor. .
Poliowing discussion pit •t1w ties elazonb t hd scope or advotti 5, for b dit, CoUnciirA'h
Aharo ys ou�t:61t od puvtit15 V10 to iA oft W to dripplwd, bra i s of 15 days !M11 4nd out
.AfLt is Alf., tattVa tyre 30 dayj ?or J'0rji3k,1j, t t;te ti�+.tih:nos�t.
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Councilman Andrews, seconded by Councilman Corley, moved that the City advertise for
bid's as presented by the Committee, in the local paper as yell as the FLORIDA TIAMES
UNION and Dodge Reports, and approve of the specifications, instructions to bidders,
proposal of bidder and contractor's, questionnaire. Motion carried; by poll, as follovrs,r
,Giorloy yes Preble yes Carbullo yes Gresham yes Rebozo yes Andrews ,yes Prebish yes
The resignation of Edition Stout, as police o.i'i'icor, effective January 1, 1951, was
presontedo
Councilman Rebozo, seconded by Councilman Andrevrs, moved that the resignation of
Edison Stout be accepted. illation carried.
Councilman Rebozo stated that Chief McKinney has 3 applications„ and moved -Lat he turn
these applications over to the Board set up for those matters; with the possibility
of getting nevr applications. They must take fast action, as they will need an
additional man on January 1 to keen the Police force up to strength.
The Personnel Board is compo ed of ,lessrs. Boyden and Tharp,, and Mayor Acker•
on December Andrews, ro the matter of Judge Theed, asked for the reading of the motion
Councilman 5vinich had been tabled because Councilman Preblo was not present'
Councilman. Andrevzs asked if S:Iayor Acker has tho 'letter' from Judge Theed with him, so
as to road it to Counciilrtien Preble.
Mayor Acker replied "no."
Councilman Andreas said he would like an acpression from the Hayor•
Uayor Acker stated he was opposed to -the action about to be taken. lie is saying this
for the record because he was asked for an expression. lie is thoroughly satisfied
that the fears of Judge Theed are justified. There is no valid reason given for the
action.
Councilman Andrews said in the matter alone of the Judge stating in his letter that he
would not conform vrith the desires of the Council in tendering his resignation even
after statomonts by him on several occasions thab the resignation of the Judge is
there and available to the Council he stated itr his letter that ire did not feel like
resigning but vnuld resign if the Mayor •mould make the request. 1iy virtue of that
one fact alone he fools that this Council is olititled to the rosiGirintion of the Judge.
Iie fools they dould vritlidraw the origintil motion - Counciltnau Corley agrood to yr th-
draw his second*
trr10TI Ti) Councilmn Andrews, seconded by Councilman Corley, moved that in view of the
verbally oxpressed intent on tho part of the Judgo that the rosi, nation in available
to tho Council Wadilever it vrishos to take adva tago o: it, that the Council suipand
tho payment of judge's fees to Judso :thood ottoctivo January 1, 19516
Councilman Croshata said that Councilman Androirs r1ado a s tatsmcnt that the Council had
ank-od Judge 'rhood' for has rosignation and does not rrimo.,6ar atV such :action tnkdn
by this body.
Councilman CarbAl'lo stated that Councilman Andros said a "taajori:ty of the Council"
goydon Atat tittirted askit► the Judg€t to ro.i;n7 jth t is bo3-�ind it? Ss hd
d. 1:0 t4loottolory said lid would 11 --o likes t-6 lmbwo
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Councilman Andrews said there has been quite some critici:,r:. It is easy to listen only
n to what you want to hear. It has been only 2 or 3 weeks when we were sitting here
than a man said in -the audience that if we had a good judge a certain case would not
have gone as far as it has. Rb: case brou :fit before him on garbuge violations.
Councilman Corley aid the mould bring cases before him and he would turn them down.
Qy Y g
Yr. Boyden asked "why "7 and said,- because the ordinance is illegal.
Councilman Carballo cited casep •,�,'- 6364. 'The maxi was caught burning garbage and debris. -
He .vas told to stop it. Iie started again. Re: s evidence 'of'tlae fire. Took the fire
equiprmnt out after the man was told to stop. !Another case on 4th. St. - That man
was brought in and given a suspended sentance. Brought in again. Suspended -the
second sentence,
Mr. Boyden asked why the City Attorney is not there to see that the Judge enforces
the ordinance? nobody is there to ;quote the Ordinance to him.. He holds a conference
with Chief MdKinney and they decide what is to be done. Mr,. Boyden thinks -the, City
Attorney should attend every Court.
Councilman Andrews said the Municipal Judge is not in the same category as a Supreme
Court Judge or Circuit Judge. He is there for the purpose of upholding the ordinances f
of the City. It is up to the Judge to maintain that ordinencs.
Mr. Glasel said the Council 'appointed the Judge. There was °a letter, of resignation or
a hint of resignation. YYas it officially to the Mayor or personally? He wants to
take issue with 11r. Boyden re: -the prosecution. That was the Chief of Police. It f�
is not absolutely necessary to have the City Attorney -there. He :would be there if
he was paid for it.
Councilman Gresham asked Councilman Andrews if he had heard of any other compliaints
besides the fire and garbage?
Mr. Boyden said that lie has also heard that the' new judge is already hand- pickod.
Councilman Preble, seconded by Councilman Gresham, moved that the motion be tabled
until the next. meeting. Motion failed to carry by polled vote as follows;
Corley no Preble yes Carballo no Gresham yec Rebozo yes Andrews no 'Prebish no
Ito - reading of the original motion.
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Councilman Gresham as {gad Counoilmati;Androvi^ he asked Judge 2heed for his re-
signation.
Couuncilman Ad rows replied "yos ^
Councilman Croahara arkad "by what authority, -that was out: of your doptrrtnont:lt You
overstepped your authority
Councilman Preblo asked ii, that susponsion would be lagal.
Unyor Acker asked AlAt it the intont or this detion.
CounciltAn ArArotirs ropliod, taking advent age or the orbal as0rassion cC the jUdga
that ba resinntttion is avaiUblo to the Ccuneil at any tiro it 4he3 td aysil
itiel: of it