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HomeMy WebLinkAboutCC 1913-11-10 MinutesNovember lOth,1913. Adjourned meeting of council callers of order by the chairman. Members present F.C.Frfert,•J.A.Conrad,J.A.McDonald,C.Nefty, F.Filer,R.C.Romfh,si.(.Ra)ston. Minuted of October 21st were read and approved. A letter was read 'tom Julius Smith it reference to his grades furnished by the city engineer for the sidewalk ,claiming that it would ruin his whow windows to build sidewalk to that grade,and that the city engineer had furnished him with the forme grade. The engineer explained the condition and said that he furnished the grade for building and not for sidewalk. "loved by E.C.Rortf _ and seconded by e.11efty that communication be received,nnri referred to the city Attorney for investi; tion.'Sot ion carried. Report of Auditor. Credit balance in various funds 3n,312.13 Accounts Payable ,June,.Ity,Aug & September 11,223.24 Lighting;, city hill* since .ianuar;' 1913 uppaid Assessment levied however wi 11 carefor same as soon as taxes are paid. Notes payable 7,750.00 Contracts paeahle for sewers 2,2F59.04 Contracts payable for paving 6,487.50 I beg to advise tent we are holding hid of Bartell vans Agnew and Dunnegan. THe 25,000,one to five year bonds. All data has been forwarded by the local attorneYe, to esees. Caldwell, 'lasslich h Reerl,and as soon as they are proved for issue, the city can accept the present bid or ask for new binds for the rond. At any rate,these bon is should be in the citys depository within the next 30 days. (Signed) C.Romfh. Moved by 1i.G.PAlston end seconded by e.ilefty that report be accepted and copid in the minutes and that the newspapers be requester) to publish -ame. motion carried. Finance Coax'titteercan asked that ec be given permission to pay the contractor for the loth ::treat : ewer,As there was enough money its that fund. Moved by C.Ileft,r end seconded by C.F.Filer that that Finance eomr,itteenan be ou— thorized to pay the contractor for the construction of the 14th street sewer. Motion carried. Finance Committeeman noted that he had Arranged to have the note for "110O0.0U whic the Miami Bank and Trust Company was holding renewed. 'loved by e.itefty end seconded by TI.G.Pal strz that note he renewed.:4otion cerrid Committeeman on Finance advised council thet he hart bought the strip of land through the Oxar property in the line of opening Ave. B for "400.00,explaining thathe thoud;ht this was a bargain,and hurriedly closed the deal while '!r.Oxar was in the notion. Moved by J.A.Conred end seconded by H.G.^alston that the action of the Finance Co. mittaem n be approved. end he he reimbursed for sane as :soon as the deed to the property is properly filled uut and accepted by the city.''otion carried. To the City Council of the City of '4iami, Gentleeen: At your meeting November 6th you referred to nee the questia as to the term of o:'fice of policemen ,in pectors and other employees oe the City appoit •d by the Mayor ur elected by tee city co. ncil,and the right of removine them niter such appoint: gent or election by tf e co ncil. Section nine (e') of the charter probidee: that all peesons who hold offices in the city government by virtue of election by the people ror election by the city councilor who are appointed t o any city office by the Mayor and confirmed by the council, whether herein designated or peescribed be ordinance pursuant to the provisions hereof,shall be held and deemed to he City 0ffieers of the city of '4lanci". Section twenty two (22) of the charter provides: "thet all officers real]. to ke and subscribe an oath prescribed for by that eection,and fuether providers; "the term of all officers provided for in this charter shell he for two (2) years,ezcept as to two (20 mamba s of the City council,policei en and chief and nembeve of the Fire Department, or until their successors are elected and euelified as herein provided,ani also provides that the compensation of all city officers shall be fixed by urdinance. r The law seems to be well se •tled that where the services to be perro.rmed for the city are public or official,rather than professional or privete,that elthogh en offieer may be elected or appointed for a fixed period,yet where he is not bound, and cannot be compelled to serve for the whole time,sueh election or nppointment cannot be considered a contract for hire for a stipulated term. Ordinances fixing salaries are not in the nature of contract with officers for the full term of their office. While under the charter the city could not abolish any offices created by the cha-ter,yet there is no contract between the city and the officer that the salary shall not bechanged. In my opinion the municipality has ample power to regulate or change the salaries of its policerten,inepeetors or other employes,althought they may be elected or appointed for a fixed period. Respectfully snbr.itted, (Signed) A..l.Rose, City Attorney. Moved by C.Mefty and seconded by ir.G.Relston that the communication be received and filed. Motion carried. The city attorney', reply to the question, must the payment of the cost of opening,paving or other improvements of highways in the eity,be by special asseermet aga nst the property abutting on each side of the hit;hwa;. Section 8 of the news charter on powers of the ctt,and ether things to pave,grade,cut out and otherwise improve streets,alleys sidewalks,etc. Section 28 provides how this grant or power conferred by section 8 should he performed. And closed with the provision that all such assessments constitute a lien upon the real estate assessed,provided,that no assessment for such improver,ent shall exceed one half the assessed value of such land. Section 29 gives power to assess against the abutting property holders " The repeated use i the charter of the word "Shall" in directing th that the council shall assess the costs against abutting property owners,excludes the idea of discretion and whenever the •'ouncil undert&'ea too pave or otherwise improve puk lie highways in the city, the duty to specially assess abutting pvpperty for the cost thereof is an imperative one and excludes any other mtithod of assessment or suds. purpose. In part. Respectfully submitted, Signed) A.J.Rose. The city engineer to whom the bids had ',teen referred to ascertain t'e lowest bids for constructing side walk: around the city hospital and Wo mans 1ub.repot ed hat the lowest bid was F.W.Clark 41 44 sq. rt. at 11 cents per 't. 455.84 Moved by , .A.Corirad and ',ec nded by E.C.Romfh that. F.W.Clark he awarded the contract for putting sidewalks down around the City hospital and the Womans Flub. '?otion carried. Miami,Fie.Sep.10,113. i- on. City Council, Gentlemen; We the undersigned property holders on Cordova Avenue between Rickmer Street and V'addell Street,respectfully petition your honorable body to pave Cordova Avenue between these two streets. (Signed) L.A.Cooley and 6 others. Finance Committeeman Romfh said that before coun'il let any more aids he euuldlike to k now from the attorney if the manner in which they advertied for bids in the past net with the requirements of the new charter. The attorney said that he did not think that any of the advertisements for work was inthe proper porm,and that he would advise that all work be re -advertised Councilman Ralston wanted to l•now why all these petitions had to he held up,as the property owners paid for the whole thing. Committeeman on Finenr,e ex pleined that the principal reason Was that council was waiting on the bond issue so as to have the money to pay toeir part at the street crossings. The Committeeman on Streets said that ',ttenti,un had been called that sole of the property holders and corporations were not putting in their pipe and swore in the proposed territory to be permanently paved. 35 Moved by F.C.Nomfh end seconded by C.Hefty that the city attorney be in- structed to give an opinion as to ordering all sewers,ges•maini in before paving. Motion carried. A eorrrrunication from C.".Terr. ell in eference to a tax lien being filed agRinst the Worley lot in block 103 North,andnoting that the description was wrong, being filed as th. north 100 feet where it should be the east 100 feet of the lots. Moved by J . A. Conrad and seconded by .I .A.McDoneld hat the natter be re- ferred to the city attorne; for edjustrnert. Motion carried. Council took up the new bond issue and discossed it for some tine. and decided that the issue :should be fur '.400,00t) but no further action was tat en and the matter was deferred to come future rueoting. Councilman Rosfh introduced the following telegrarl,which explained the last bond election. Edward C.Rornfh., Miami,Plori1R. S uprer,e court affirned lower court nnd held "inrni Bond Election void because defects it notice of election and because validating notic:e wet; published et West instead of the constitutionaltiy of act not passed on. (Signed) P. F.Ruddine. Tallahassee, Fla. Nov 5,1913. Covi itteeman on Streets advised eounctl that he had let Lr for tt e constrnction of a sewer on Avenue c from llth street 2.25 feet this was a case of emergency ,as the sewer hart to he put in at once,so as no terfere with improvements going on on that ',treat. end he did not he»e time tise it. but asked for bids frori Rill the contractors,and presented them. Adolph Freedlund bid #325.90 W.0 .Weatherly hid 422.22 of Fey aet .ying to in- to adver- Moved by ,i . A. Conrad and : econded by j . A.'►cDone ld that Adolph Freedlu' d be awarded the contract for installing nn 15 inch terra corta newer on Ave nue C. between llth end 12th streets,ccording to progile and specifications. as prepared by the city engineer for the urn of b325.10. Motion carried. The c'nairman asked if the special coru'cittee on the adoption of the new city neap was ready to relxirt.Councilman McDoneld,one of the conmittee asked for e little more time. Councilmen Ralston said that it was nowthe time to see that Boulevard should be placed around the city,and es the new bond issue was coming up,he would like to see soriethin+*, in it for to ulevards. and would like to hear from the committeeman on streets cuncerring them. Committeeman on Streets was in favor of Mr. 14a1at,,r.s suggestion. Councilmen McDoneld thinking it best to take the matter up with the propert; holders along; the line of work. Councilman Rn1 stonintroci iced the following ordinance; An ordinance chen-in,; section 13 of the Board of 7Tealth Ordinnnce. Moved by H.G.Ralstun and econded by T'.cC.Romfh that ordinenc•.he given its first reading end reed in riull ruoti on carried. Moved by 1?.C.Ronfh end seconded by ?I.G.Ralston that the ordinance he given its second reading end read by title only. 'lotion carried. The ordinance was read by title only. Co neilrian Piler said the matter of inspecting the ''ippodrorie Theatre hod been referred to hini,end he thought as the city hart given these people permission to build it,and roc repted their plens,the best thing to Rio Ives to let the Aatter drop. and look Alt for such things in the future. Moved by 11.G.Ralston and seconded by E.C.Romfh that the committeeman Public Buildinr,s,Fire Chief and Attorney go over the moving picture ordinance. and recommend any change t" couhcil they deem edvi-able.'iotion carried. Attention was brought to council for the need of the connecting sewer on Avenue B from 13th t. 14th street. Moved by J . A. Conrad and seconded by };. C. F or,fh that council arivertise for bids for the constr uction of a sewer on A venue B between 17th and 14th streets. Motion carried. on if •Y 35r The city attorney reported that nlong the line of opening ,tp Avenue B e had seen Mr. Greening and for a strip 50 by C) ) feet ,he wanted "4000 for. and another part owned by the Brice Baking Co.. and the Seiters ,they nleo wanted unreaaon- able prices. Minas Lofton offered 15 of Brickells suhdvision for '125).00,with the • privilege of buying heck the west 35 feet for 1?700,which he thoug}It vas a fair proposition. and he wulrl Advise council to conderLn the othey property,and had prepared an ordinance to that effect. Co'',ncilman ,1alstonintroduced the following ordinance: An ordinance to cndemn certain lands to extend. Avenue B. . loved by d . A. C nrad and : econded by E.C.Romfh that ordinance be given its fist r edi ig and read in full. oMotion carried. The ordi.nance .was read in fill. Moved by F.C.Romfh and seconded by J.A.Conrart that the ordinance be given its second reading and read by title only. Motion ca ried. The ordinance erns read by title only. Council adjourned to meet on Thu raday, November 17th,1917. at 7;30 BM Attest City clerk. ✓ (/<1prz. Pres.City Council.