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CC 1911-05-04 Minutes
Miami,Fla.,May,4th,1911. Regular meeting of the Council Balled to order by W.B.Mooro,who on motion by J.F. Lusmue and Benondod by C.J.Ro so was elected President protem,ewing to the absense of President .I.Wilaon. Members present J.F.LUm,us,L.Granger,C.J.Rose,and W.B.Moore. Council was ddressed by D.L.Creig,treveling representative for the St ndnrd 011 Company,with reference to oil for use on the rock roads of the City. Moved by J.E.Lummus and seconded by C.J.Rose that an order be placed with 'dr. Craig for one tank car of # 5 Road Oil,eame to be shipped when so orderer by the City Council: Motion carried. oved by J.E.i.ummus and seconded by C.J.Rose that the committeeman on Streets and Sewers OP authorized to have Twelth Street Bridge put in peoper repair: Motion carried Communication: {lami, Fla. ,Illy Apri1,29th,1911. To the'Hon.City Council of The City of Miaml,Fla. Gentlemen; - On receipt of the attached notice regarding the receipt of the Code of the City of Miami,which I received on the 29th,day of April,A.D.1911,I immediately caused to be published the Proclamation hereto attached;and I beg that this entire matter be spread upon pour records. Respectfully submitted, (Signed) F.H.Wharton,Mayor. Mayo1S rrocla.Mation,announcing the publicatio of"The Code of the City of Miami'. I,F.H.Wharton,Mayor of tne City of Miami,Florida,hereby proclaim and give notice that 'THE CODE OF TUR CITY OF MIASI',as compiled by Redmond B.Gautier,F:sq.,and es adopted by the City Connell of said city,by an ordinance passed July,7th,1910 and ap,roved ouly,9th,1910,by F.H.Wtiaton,Hayor,a copy of which said ordinance is copied in said code,has been published; and One Hundred Volumes thereof delivered to the City Clerk of said city; and that the same shall go into effect on the 30tn,dr�y from tne date hereof. This notice id given in conformity to Section 4 of tt_e ordinance above de"cribed. In testimony whereof,I :1!-ve hereunto set my hand end caused thw :eel of said city to be a"t'ixed,thia 29th,day of Ap •11,A.D.1911. (Signed) - . H . 7harton,May ,r Attest: (Signed) A.,r.Adai..',City Clerk. (SEAL) Moved by C.J.Rose and seconded by L.Granger t!iat the communication from the Mayor be received and copied in the minutes,together with tne Proclamation attached thereto: Motion carried. 317 Communication: Mr.A.TT.Adame,City Clerk, Miami,Fla. St.Augustine,Fla.,Apr.'6th,1911, Dear bir;- I am in receipt of a copy of the regular meeting of the City Council,dated April ,6th,and under the :lame cover,voucher NO.25')5,amounting the $332.42,being $75.42 interest and $257.00 on account of principel,upon the unpaid portion of your contract No.961-A,With the Model land Company,for land purchased; and note that the City asks foran extension of one year on their contract,as they were unable to meet the principal due. While we regret the City'e inability to meet the contract,we will grant the exten- sion as requested. Yours truly, (Signed) J .F.Ingraham,Vice-Pre:'ident. Moved by J . F. Lumn,us nndseeonded by L. Grare;er that the communication from J. E. Ingra nam,Vice-Premident be received and copied in the minutes; and be filed with the City Auditor: Motion c, rried. Bids for tree City's Stock peed for May: Miami,Fla.,M y,4th,1911. H'n.City Council, City of Miami,Fla. Gentlemen; - We quote you feed for the month of May as follows: Cogi',per sack -- 1.70 Fancy W. C. OHts,per sack 1.118 Bran,per sack-- 1.90 Choice gay 1.70 per hundred. Tiespertfully, Miami City Council, City of Miami,Fla. Wo neg to offer ypp feed for the City atock,for month of Mey,at following W. C.Onts Bran-- -- -1.80 Codrn' -- - 1.80 Hay 1.80 Yours very truly, E.I,.Brady Co. , Gentlemen; - prices: Miami Grocery Company. Miami, Fla. ,Mny,4th,1911. Moved by C.J.Rose and seconded by L.GrangeL that tote bid -f Miami Grocery Company for suppiyin; the City's stock feed for the month of May,be n::ceptod: Motion carrier+. Conw,unication: Mr.A.H.Adams,City Clerk, Miami,Fla. New York,N.Y.,Apr.28tn,1911. Dear Sir; - We are in receipt of your favor of the 6th,instawt,contaning a copy of reso- lution pasaed,at regular meeting of City Council,atating that the City 1d not in posi- tion to pat its note of $1100.00,which matures May,2nd,and requesting an extension of one years time. We cheerfully agree to request;and acknowledge receipt o t100.00,on acr:ou-t of nute,togetr:er with interest on balance of i1000.00,grom May,2nd,1911 to May,2nd,1912, 6 •,or $6o.00 Kindly send us a new note for ;1000.00;aitd we will return the old one for $1100. Yours very truly, The Gamewell Fire A1Hrm Telegraph Jo., By (Signed)W.W.Bowee,Treeaurer. iam Moved by J.F.Lummus and sec:,nded by C.J.Rone that the communication from the Gam- ewell Fire Alarm Telegraph Company be received and copied in the minutes;and that the City Clerk be instructed to acknowledge receipt of game; and advise them that since the City's note,es executed is secured by a contrect,tent bee City preeers theft cred- its for payments made be entered on the original note,inste'd of the exocutiun of a nee nuts' for tne unpaid belence: '0tion cnrr'ed. Communication: Flmira,NyY.,Apr.28th,1911. "r.A.H.Adar• s,City Clerk, Miami,P1a. Dear Sir; - We have receiver) yours of the 24th,inetant,giving an abstract from the rec- ords of the meeting of your City Council,held on t e sixth instant,also enclering two warrente 'or "7485.62 and T2e.25 respectively. The first warrant covers e partial payment of 628.62,on your note for 2,628.62- which' we have carried H:; over-due,sinco 2nd,May,1910- plus interest on the .2,000.00, remaining due,from 2nd,Mey 1911 to 2nri,'.;ay,1^12. We have never reeeeved the interest for the year ending on 2nd,May,1911; and in that eonneetiun,we encloee herewith a copy oe our letter to your City ^reasurer,on tne thied i stant,weice explaads itself. If,therefore,you will eend. us pour warrant for q57.71,we shall endorse the 4628.62,as a peement on tee face of the note;and the $120.00 and fe157.71,as in payment for the interest in full to !day, 2nd,1912. We regret th t the City Treasurer did not acknowledge our letter of the tnird in- tant,for had he done so the note 'could not have been forwarded for collect'on,as we said would be done. An early reply wil be appreeiated. Very tinily youre, American-LaFrance Fire Engine Company, By (Signed) Wm.G.McTntyre,Treasueer. Miardi,Fla. ,May, 2nd,1911. Hon.President and Members of Council, City of Miami,Fla. Gentlemen; - As information,in reply to letter of American-LaFrance Fire Engine Co., dated Apri1,28th,1911,w•:irh I return herowith,I beg to advise that our reco_ds of the notes given them,is as follows: Dated Dec.2nd,1907--due 4ay,2ne,19O9---f2,669.13 Dated Dec.2nd,1907- -due '..ay,2nd,1910----2,528.62 Apr.30th,1909,warrant No.1462,in the sum of $2,669.13,wes termed to tie First National Bank o this City,in settlement of Note due Mey,2nd,1909. Apr.30tk,Z^9Q,warrnwt Wo.'223,in t~e a ui o' c157.72 was issue's to the American- LeFrance Fire Edna Coripany,in payment of interest on note of t2,628.62,trom date of mat'irity,May,2nd,1910 to May,2nd,1911,one year at 6%. Both o' these warrants were duly paid and are on file in ,y of ice. March,31st,1^ll,warrant No.2554,in the sum of ;701.62 waus issued to the American LaFrance Fire Engine Co.,in pert pnynknt of note of $$2,628.62,due '.lay,2nd,1910;ane extended to '. ay,2nd,1911,in the sole of 626.62; an i in pnyrtent of interest on the bal- ance of j2,000.00,rrom `,Tay,2nd,10l1 to May,2nd, 112,ono year at %,, 120.J0. They nave evidently failed to make note of the interest payment of Apr.30th,1910, in the sum oY !'157.72. YouL's very truly, (Signed) '.L. F;urldlerton, city A:iditor. 'doted be d.I•.Lure,:us and seco• ded by L.Granger ti -t the commun cation feori the American LaFrance my be received e write to the said Fiee Engine Company,togetner with teat from the City Aueitor,in re- d copied in the minutes; and tee t e City Clerk be instructed to company, en ins t em a copy of the letter in reply,by the City Aud- 'tor: Motion carriei. The City Clerk submitted to Council the Cityy's copy of t,e contract teat Rag ante teted into between the City and the Webb 'rotor'Fire Apparatus Company. Moved by .I.R.Lummue n'd seconded by C.J.Roce that the contract,without the spec- ifioations,entered into between the City and the Webb,Motor Fire Apparaaus Company be copied in the minutes,together with the notes,given in pnyment for snme: Motion carried Proposal for furnishing Fire Apperetus,made by The Webb Motor Fire Apparatus Co. General Offices,St.Louis,Mo. To t e City of Miami, TMlami,Fln. Sirs: M1ami,Fle.,August,lath,1910. We hereby propose and agree to furnish,after your acceptance of this proposition end the proper execution and approval of the aocumpenying contract,the Polloeing appa- ratus and equipment: Ono Oombination Chemical Ind hose Wegon,all of which is to he built in Accor- dance with the specs"iretions attached,which are made a part of this agreement and contract. To ship the same about Sixty days after dat,: of r ceipt and approval of con- tr:,ct properly executed,subject to deleys from all causes neyond our conn,,•oll,for tee sum of FIFTY SEVEN HUNDRED And No/100 Dollars(15,700.00),F.O.B.Cars,41ami,Florida. GUARANTEE: We hereby agree that all material and workmnnsiilp ont-'rin ; into the conetuuetion of the apparatus and equipment shall ba b'e best obtainable. We will et our own expense,replace such parts as mry feil,if such failure is due to defective mattriFl or inferior oekmanahip. We guerentee tee apparatus and equipment to fulfill its sQeeified requlrements,accidents excepted,when intelil-;ently operated. Respectfully submitted, The Web, '•Iotor }Fire Appartatue Co., By(Signed)R.?;.Davila )n,eo.Agent. CONTRACT This agreement me by and between The Webb Motor rire Apparatu9 Co.,party o° the first pert,herelnafter n s1 Fri t' e eola nny and The Ctt,y or 1 ami,Flor.iria,a municipal coeporation,of Dade County,Floricla,party o the second part,hereinafter called the buyer. WITNESSRTH: That the Company egre•A to sell,upon the conditions which are below writtenXse apparatus and equipment, ereinbeeor,= doecrlhed,wr ich is to no in accordance with the specifications and gurenteee ntteched,the same being made a part of this agr- eement and contract. Delivery to b- r:arla on board the ears at Miami,Floririe.; end ' ipment to he made within orking days,efter receipt and approval o' this contract,duly executed,or as soon thereafter as in consistent wits good workmanship end proper paieting,subject to delays resulting from Any causes beyond the eontr,1 of the Company. The Fluye: agrees to purchase and psy for the aforesaid property,delieered as afore eeid,the sung of FIFTY SEVEN .tUNDRRD And No/100 DOLLARS (1,5,700.00); to be pFid to The Webb Motor )''ire Apparatus Jo.,,or its aut orized agent es stated below,with intcr�rt at the rAte of six percent per annum,upon any sum not so paid from the time eacn pay- ment become; due until same is paid. Terms of payment to be: SEVEN 'UNDUFD And No/100 DOLLARS,in cash within three dnys af',nr delivery and accept(+nce of tne apparatus and equipment,and negotiable notes er warrants for the remainder to be yeti made payable ar follows: One note for $l,500.00,with interest from date at 0 per annum until paid,and payable One Year from dnte. One note or rl,500.00,with interest from dote at 67. per nnnum until pmid,ane payable Two Years Prom date. One note for ,",2,000.00,with interest 'rem dot ` at 6;. per Annun until paid ,and payabl ' Three Years from date. All of dete,April,27th,1911,to be deliverers wi r,h aid cash payment. It is expressly understood end agreed that this contract i`i executed on the part oe tee party of the second p•rt,herein celled the buyer,aubject to a satisfactory test of said machine Aft r ite delivery to said buyer by :,aid comnany. All contracts nr, taken abject to the written ecceptnnce of t,.e Company. At tne r. quest of the Company,the Buyer egress to furnish to tne Company a written opinion of tee City ur Town Atturney,as to the power of the municipality to make this contract; and also as to the notes ur warrenta,if any,to be given in payment ''or any part or the above named purchaae,being valid,legal and enforcahle obligations of tee mueicipelity. It is mutually agreed end understood between the parties hereto teat the Company shell remain tee owner of and retain the title to tale property above deseribee ' ntil tne whole amount of the pureha e price thereof shell wave been paid. It 1E further mutually agreed that in (saes of default in any of the payments above expreesed,or in the event of any attempt by the Buyer to sel'l,ineumber,conceel,rtmuve or oiepose of any o the aforesaid property before the same shell neve fully been paid for,thtn t e said Company shall have the right to take possession of said psoperty;end for ;such purpose a may enter up.m any building or place where tne same or any part thereof may be con- tained; and all peyrentn which shell have been pat made upon or by reason of this cont tract shell be eppliee as,and shall be in lull for,the rent ene ume of ',aid property to the date of such taking. WITNESS our handL and seels,thit 27th,dey of April,A.D.1911. The Webb Motor Fire Apparatus Company, Py(Signed) p.E.De'iidson,So.Agent,Party oP first part. The City of Miaei,Florida, Attest: By(Signed) F.H.WhartonMayor,Party of the reconi part. (Signed) A.H.Ademr.,City Clerk. (SEAL) COPY No.1 =1,580e0i : _ Yiri,Florida, Apri1,27th,1911. ONF YEAR After date,for value receiver,The City of Miami promises to pay to the order of the Webb Motor Fire Apparatus Company. FIFTEEN FUNDRED And No/100 DOLLARS At the Rank of Bay Riscayne,Mlami,Floride,with interest tnereon at the rate of Six (6) per cent per ennum from date until fully paid,Interest payable semi-annually. The maker end endorser u this note further agree to waive de end,notice of non- peyment ani protect; and in case suit shall oe brought for the collection hereof or the same '.as to he collected upon demand of an ettorney,to pay reasonable attorneys feee for ties see uch collection. Defered interest payments to b-ar interest from met- urity at Six percent per annum,payable semi-annually. The City 0f Miami, Attest: Ry(Sigried) F.H.Wherton,Mayor.(SEAL) (:ICNED) A.H.Ariams,City Clerk. Date April,27th,1^11. (SEAL) No.2 fe1,500.00 COPY Miami,Fl.o: idA,Apr11,27th,1911 . TWO YEARS !liter date,?'o_ val.ue recelved,The City of ''iami,prorisee to pay to tr order oeTbh Webb Motor Fire Apparatus Company FIFTEEN HUNDRED And No/100— At tre Bank of Bey Hiae yne,Miami,Floride, with interest at the rat: of Six(6) per -cent per annum from date until fully paid Interest payable semi-annually. The maker end endorser of this n:te furt".er agrees to waive demand,notice of non-payment and protest; and in ca'e suit shall be brougnt for the collection hereof,or the same nas to be collected upon demand of an attorncy,to pay reaeonebl Rttorneye fees for making sue! collection. Defered interest payments to bear interest from maturity et Six percent per annum,payablo semi-annually. Attest: The City of Miami, (Signed) A.:[. Adams,City Clerk. Ry(Signed) F.H.Wherton,M' yor. (S4AF,) (SEAL) DOLLARS No.3 ';2,000.O0 COPY M1ami,Florida,Apri1,97t",1911. THREE YEARS After dat ,ru, value received,The City of Miami promioer to pay to The u der u! 'Cho Webb '"otor Fire Apparatus Company TWO THOUSAND And No/100 - DOLLARS et to Bank of Bay Rieceyne,Miemi Florida, witn interest et the rate of Six (6) percent .er annum from date until fully paid Interest payable semi-annually. The maker and endorser of this note further agree to waive demand,nutice of non-payment and proteet;and in ease euit shell be brouent for the collection hereof,or the +'ame has to be collected upon dem nd of an atto.ney,to pay reasonable attorneys fees for raking :'uch collection. Defere interest payments to beer interest from maturity et Six percent per annum,payeblc semi-annually. The City of Miami, Attest: Ry(Signed) F.H.11'harton,Mayor.(SEAI.) (Signed) A.H.Ademr,City Clerk. (SEAh) C.J. Roee,Comn.ltteemen on Fire Protection reported thht ne had made en investi- gation in regard to request fee plec'ng of a Fire Hydr,•it et t:r,." corner of Avenue "G•" and Fourteenth Street; an in as much as the expense would be cor+eldernble and the Hy- drant of very little general v-lue,thre being Deny otner locations wnieh has no Fire iydrent,of more urgent need,tnat he would repot unfavorable to the locating of a Fire 'ydrent nt tlil erove state,' point et this time. Moved by C.J.Rose and seconded by L.Granger thet the Committeeman on Finance be authorized to purchase one additional bond with the funds in hand of the Sinking Fund: Motion carried. Officers reports: To the TTon.City Council, City of Miami,Fla. GenLlomen;- Miami,Fle.,�4ay,lst,191i. I am plensed to report the City in better sanitary eondition,then at 1-st report. Attached please find check $190.20,eanitary collections for April. Respectfully submitted, (Signed) C.L.Dorothy, Chief,Senitetion. Office of City Clerk and Collector, Collections for month ending Apri1,30th,1911: Automobile registr'tione 4 3.50 Cemetery deeds 105.00 Acc't recording St.Imp.Liens - 5.95 Fines & Forfeitures 1,491.00 less witness fees t9.0048$1.00 Interest Licensee;Business Licenees,Dogs - Street Imp.Certif.of Indebt.,Sewer Bond Fund Street Imp.Certif.or Indebt.,St.Imp.Bofd Fund Taxes 1909 Roll Taxes 1910 Roll - Account error in bill retd,hnek fares January Total collections for month 27.88 368.00 1.00 :_30.43 125.42 -- 3.00 2,962.80 5.00 44,319.9E Certified: C.L.Huddleston,Auditor. (Signed) A.H.Adame,Clerk and Co?lector. Office of City Attorney, Collections for month of April:1911. Interest ----- 4 29.41 Taxes 1906 Roll — 2.16,Cour,• coat h6.80--- 8.96 Taxes 1907 Roll 29.90,Court cost $- 29.90 Taxes 1908 Roll - -- 5.82 Taxes 1909 Roll ---- 183.90 Total collections for month t257.99 Certified: C. L. ITuddleston,Auditor. jSigned) R.B.Gautior,City Attorney. Office of Chief of Police, - Report for month ending Apri1,30th,1911: Number of arrests 159. Aount of Pines and Forfeitures t491.00 Number of day labor by prisoners 125. Signed) F.B.Herdee,Chief of Police. Office of City Auditor, For month ending March,31at,1911.: Assets(itemized) $242,497.28 I,ianilities(Itemized) ?105.237.15 Excess of assets over 1iabi!ities-e134,26O.13 Funds available for appropriation: Lighting the City Fund InterestDebenture Bonds Labor Certificates Sewer Bond Fund 2 2 Treas-,rers balance ,7 21.46 (Signed) C.L.?Tuddleeton,Auditor. $ 583.44 45,871.57 37.15 Moved by J.F.Lummue and seconded by 0.d.Rose teat the officers reports OF rend be received and filed: Motion carried. The City Clerk reported receipt of pr+yment of W47.32 by D.W.$mall,in redemption of Maetere Deed,held by the City against Lot 18 of Block 43 North,account sale for 1906 taxer); and the deliv,ry to Mr.Small a properl, executed Quit Claim Deed from the City for the same; ',loved hy J.E.Lummus rind seeondel by L.Grenger that the report of the City Clerk of the peymont of amount in redemption of Masters Deed,held by tee City egeinst Lot 18 of Block 4' North,City of Miami; and the execution of a Quit Claim Deed by the City to Mr.Sn1e11,va received: And in accordance with an agreement entered into between the City Council end Mr.P.W.Sniel1 some time vince,that a warrant in the sum of e23.66,one half the amount paid to the City by Mr.Smell,be drawn in his favor in refund of same: Motion carried. Moves by J.E.Lummus end seconded by C.J.Rose that a1'. h111e end pay-rolls,es ver ified by the Committeemen pe paid: notion carried. Moved by J.E:.Lummua and seconded by L.C.raneee trot the City Clerk be authorized to sell copies o'' the City i'.pie at $2.00 e'keh,proceede to be deposited witn the proper fund: Motion carried. Moved by J.E.Lummus and seconded by '.o.Rose teat officers of t, e City be eup- pi ie ' with a ropy o" tee City 'ode; also teat one copy of the City Code be supplied to t le Board of "'rade: "olio^ care ie i. AN ORDINANCE by J.F'.Lummus,Committeemea on Finance: AN ORPINkNCE ; Authorizing the issue of ONE. 'If' TRF:D And TRSNTY FIVE '"ROUSeND DOL- LARS of City Ronde of the C_ty of Miami; Calling p election to determine the issuance 0' such bonds; And providing the method of holding t'.e crone. Moved by C.J.Roee and eeeonded hy L.Granger teat the above entitlei or'iin=nc• he give^ its first reeding end be real in full: Motion cerrled. The above entitled ordinance was given its first reading and was read in fell. Moved by L.Granger and seconlee by C.o.Rose that the above entitled ordinance be given its second reeding and be read by title only: Motion carcied unanimously. The above entitled ordinance waS given its second reeding and was read by title only. Approved Attest: idle/ City Clerk. President of Ci. Co uncil ouncil By ©siod of the PresediptChemftess vies taken until Play ,11th,1911.