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HomeMy WebLinkAboutCC 1914-01-22 MinutesJanuary 22nd,.1014. RECESS MEETING. Rocers ?footing called is order ley the-Qhairman 'dombors present, F -G -Er - feet, : C. Rot;+fh, C. F. Filer, C. Hefty, J. A. Conra4, J. A. Tdntlonald. The minutes oe December 18th were read. The minutes o! December 22nd were read . The minutos of Doeemsor 29th were read. The minutes of Jo-nuary 8th r,. re road. , As there were no errors of omission, the Chairman orderedthe minutes approved as read. In reading the minutes, it was shown that tts copy of tha contract, between the City of !Iiami and the Florida East Coast Railway• Cempr-,ny and the contract with the Railroad Company and the United States Government had bean ordered received and filed. And as Council thought that these eentraets should loe a record in the 'dinute Book, the following motion was made. 'ieved by E.C.Romfh, eacended by C. Hefty, that the centrads, above re- forred to, be copied in the minutes. X Tdotion carried. I- PROPOSED CONTRACT BETWEEN T;4F 01TY it' ''IA"',I ANIS TITE FLORIDA EAS" COAST RADMAY 001PA11Y. 1 11 10W ALL MF:N BY TzrES9 PRESENTS, THAT for value received, t' -le Florida East C east Railwa,; Company, a -earpoi, ation of Florida, horeinaftor called the party of the first part, heroby grants unto trio County of Dmie, in the State of Florida, and to the City of 'Miami, in th* County of Date, in the State of` Florida, hereinafter 'known as the parties of the eeeond Part, or to either of then, and in such proportions as nay be hereafter cdeteri++ined mutu- ally sy said parties Af the second cart, the option to purenase, in aceordnnce with the conditions, covenants, 14, itations and stipulations herein ir.,poeeel, all the property situate in the City of '4iami, in the County of Dade, and state of Florida, deseribed as follows: ~' Coxmonein_g at a point en. tho East si=ae of Dri,re whore the Sat,th line of Block nuii4ered One hundred and nineteen (11^) North, City of T�id+mi, ocaording to Plat or Trap 3stede b;r A.L.V owlten, ^.E.,on file in the Office of t'Zr. C''Ieru of Circuit Court, in and for Dode County, r'lerida, wo:,lAp if preddu-r,did Flet, intr.r- sect the East line of said. Drive; running North along' the East line or hiseoa 'ne T)rive to the r. iddle of :ieeend Street pr,odiuced Edset; tl-enre Ernst to the low vratnr marls of kin- e a;,rne &y; tnence meendering the low crater line of Tiisr:s,yne Be;! Southerly and Southeasterly to a point ;lue past oil the point of tieginninr; thr..nf!a-!7Ato V,2 point or beginning; together with all Riparian Rights anti water pri nndl t"ne submerged lance lying between the land alcove dersddribed and the ehAnnel of Biscayne Boy; te_ether wit.'-. all buildin"s, deakg 'And ir.prevenents of evary kind t anti character, situate thereon, or'on any part thereof, >ahiorging to Foid RO 11�'oay Oompany; oxceptinf;•that part of &save strip dseiloled b,- the Wiirido ;,tipren,ds COUrt to bm a park. The parties of tae second. part,, ar. eitl,sr of ,thoai, ah all hd,ve the rwhir- h event to exercies this option nt any ti::e within throe years fro-: thins (,into") in whic the p&rty of the first, part hereby agrees for itself, its slaeeesser. s anri wisigns, to oxeeuto and deliver to the p&rtid+s of the secondpart, or either of thea, &a the party of the first part, its successors or asst ns, III My be dirdset'td to dell y raid s parties of the seeend part, or either of them, a good and sufficient deed to all of said property conveying the R&ilway 'Corspany's title thermto, free from rmart.,etres upon. t and other lions, he parties of the second part, or otther of t hend�d +, ping &n doliverinr to the party of the first part, its succes.orrt or assigns, sirnis-tnnesusly with t?%e execution and delivery of said doeAs .the surd of T,,our Hundred Fifteen Thwasand Dellars, in and by the legally iRsuod negatiasi a bends of the parties of the second part, or either of them, of the par value of Four TTundred Fifteen T,►ousand (""41_-: ,OA.'.)0) Dollars, bearing; interest at the rate of fire per cent per annum, payailo semi-annually, the prineipal thereof to '40 .due and pr,yable thirty years after date, said Bonds seforo delivery and AoceptAneK to be al}pre•red as to farm, value &rid validity by the attorneys desi;nated by the party of the first part, its suc:cessers or assigns. Andel whist; said deed sli& t? contain a it pert of the consideration f_ f l G r therefor, the necessary agreements, conditions anti eov*nants, to be kept +nd per- formed er .formed on the part of the said grantee er grentoe*s,.t• assume any and all obligations now resting, or whish may hereafter bosons ine:mbant upon the party of the first part, boy virtue of a certain contrast entered into by and between the United States and the party of the first part, dated Ceteber 15th, 1902, relating; to the-construstion: and maintenanpe of a basin and.a portion of a channel in Risaayna Day, a copy of which contrast is hereto attached; and to pay all sums of money and to perfom all and singular the work deserib*d in said contract, which the party of the first part is now or which it, or its sueesessers or assigns, shall horeaftor beeep.a Obligated to pay and Perform, either or both, in the extent the oxosution and par*ormanno of the terms of said contrast, or any of than, shall hereafter ba legally r*gaired by said The United States; and the said party of the first part, its suecessors or assigns, may at its or their option, before delivery of said deed, require. other and further satisfactory assurance in writing that t}ne obligations, if any, resting iipon the party of tho first par L, its sueasssers or assigns, by virtue of the terns said contract hereto attached shall be fully porformet by the grantee or grantees naaed in said deed, or the party of the first part otherwise fully relieved of and hold harml*as fror, any and. all obligations under said contract. Ant said deed, shall also contain, as a part of the sonrideration therefor, the necessary agreem)ants, conditions and oevenants,. to be kept and performed on the part of the said grant** or grantees, to give to the party of the first part, its suceessers and assigns, end to those having traffic agreepients with said party of the first part, its successors and assigns, the rifht and priviliE;e at all times to use with its or V-eir on,,,,in*s, cars, trains, vessels and othr-r + k faeilitiorp the tracks and docks new existing; on ,said property and any other tracks and Hooka hereafter to be constructed thor*or} for terminal or ookmercial purposes, under and upon as favorable terms and conditions and •or as low wharfage, iseking anti other char ;es, er without any sh!.r ro, as may be granted to I or enjoyed by any ,other serporations, companies or individuals *ngagsd in trans- portati*n, for a like or similar service, and wl'Acei terms, conditions and charges, if any, shall at all tinges be just and roasonaklo. Said grantoe or grantees;< shall also revenant and agree its said deed to keep and p,aintsin in goad and ervicoabl* a©ndit on, at least the wharf encs .lock and other factilitior tns Party of the first part delivers to the grantee or grantees by said deed, to the and that said party of the first prat and these having; traffic agre*pients with Ito and its or their sueceseers and assigns, may sontinue to use sue`n wharf, desk, ani ether facilities as .may be necessary, or as p►ay be desired. by eiti.er = of them at said location; and said panty of the first part, its successors and assigns, s'lall also have the right anti priviltgo at all tiu*s to keep and .maintain its present water pipe, hydrants and other facilities for supplying; fresh water to vGbsels owned by it or to vossols owned by those having; traffic agreements wit.. tine parte of tine first part, itssucc*asers and aseiLms, and to j furnish water for such vessels without special charge for said service other than t':e tcW,u?. a :c. Made by t::e burners of the water plknt supplying the ('ity u' '_'iami. IN WI` MELS R"ERPr02+) the KORIUA EAST COAST RAILWAY Cc),TARY has hereunto tausad its corporate noel* and seal to be set and affixed by J. R. Parrott, tt its Prosident, duly authorized se to snot this 29th Clay of April, A.D. 1913- I Signed, Sealed and Deliv- a Bred in the r presence of: FLORIDA EAf;"' COAS"RAILWAY C0!`,PANY. {:'EA:,} Signori, A.!' .Johnson, Signed, BY J, R. a q ' signed, J. ti. sumo,erlyn. President. A^TF.S"': TT. S. Jenison Asst. See'y. PROPOSED CONTRACT hR""1Pr',EN m,Iri 'J'IZTv D moi`"A"'&;i:F AtbE}2I ^A ii ?I} THE FLORID -A 9AS— COAs"' RAILVFA'i CO'r.F'A�JY. TITS CONTRACT entered into this 15th day of October 1902, between tee United Statee of A;:erioa) Pftrty of the first part, and `1fie Pluri,ia East Cga$t Railway COrtpany, party of the second part: lF[HREAS, The River and Furber Act of June 13th the following item:-- , 29132 (32 St,.ts. 338) contains °Improving B1ce;ayne day, Flori(ih) with a view to obtaining a Ot*wnnal eighteen feet deep fror, the YOUrvos at Mi MI to the sea by the way of t,1. northerlylin* of the two lines north of Norris cut, as deouribed in the report subp.,itted in Hous, Dooux*nt Nup1berod Six hunched and Sixty-two, Fi*ty-sixth Con,;ress, 47'- r_ first session and a basin of same depth sixteen hundred feet long and five hundred feet wide, adjaeeni to the wharves at Miami, fifty thousand dollars: provigled, that a contrast or contracts may be entered into by the Secretary of War for s;lch materials and work as may be necessary for presseuting the project, not to exceed in the av- gregate two hundred and fifty thousand dollars, exclusive of the amount heroin appropriated: Provided further, That of the work herein eentenplated The Florida Fast Coast Railway Company shall construct at its own expense, the basin adjacent to the wharves at Miami as herein described, and the portion, of the Mhannel from such Yasin to the east side of the basin proposed in the report heroin mentioned, said ahannel to be not less than eighty-five now mere.than one hundred foot in width, as shall to determined by the Secretary of War, an* said bsFin and channel. when so etenstrueted by the railwa;; seapany shall bs open to the .free and unobstructed use of the public: Provided further. That the amounts !ie-•ein apprepriat#4 and authorized shall be expended in constructing and protecting the portion of the channel extending to the Rea fror, the terminus of the channel to be sonstruoted by the railway eampany, of siteli apprexiriatcly uniform depth and of such width as will best serve the interests of nevi ration, and as can be een- structed with the funds heroin appropriated and authorized: Provided furth r, That before any part of the appropriation shill be expended, the said railway cuaipan;i s!iall enter into a contract wit,i the United States satisfactory to the S*srotary of War for the performing of its part of the work, and for securing in its portion of the channel and in the said basin praetieable depths at least as ,;rest as are secured in the portion of the channel to be built by the U,-Ated St tes, and for maintaining for a period of throe years after the Maid sighteon-feet chs!.nel to be ounstrueted by the Government shall have been obtained, an equal depth _--in the basin and the ohannsl aerese the bay: and said contract shall also provide that all craft resorting to Biscayne Bay for eoiianersial purposes may use the wharves and warehouses thereon owned or controlled, or hereafter built an Air:ayns Ray by "The Florida Fast Coast Railway Company, its successors or &:,signs, for reasonable rates of ceaipensation, ani that proper facilities shall be given all persons or eorperatiens for t'_ze shipnent of freight to or from said wharves, on the railway tracks of the said company in Mami for like roaronabls rates and upon ,lust and reasonable oonditionB, and in case of disagreezent, such somponsation & d sendliions shall be determined by the Secretary e' Ufa..." NOMI TIMNEFORE, said parties covenant and agree with ea,''i of"ger as follows: ART. l. ----The party of the first part .�L;rees to expend for the purpose r�ent'ionsd in Bald item tre Money thorsin appropriated. ART. 2.---- The party of the second part, for and in consideration of the covenant contained in Article 1 of this contract agrees: FIR:%T----- To construct at its own expense adjacent to the wharves at !1iandi a basin sixteen hundred feet long and five hundred feet wide and of a praotieable dept» at least as great as is secured in a portion of.ths eliannelto he built by the ..party of the first part: Second ---- To construct, at its own expense, the portion o o the channel from slier basin to the east Bide of the refuge bsein proposed in the report of the Hoard of F�rineer Officers of April 9, 1900; anal published in 'louse Document No. 662, 56th Con„rens, ist session;, said cr.simel tv be net le; s than eighty-filre feet aide, and. of the $ann depth ka the basin adjacent to t!:• w.,arved at :Qia..i; said basin and channel to be open to the free and unethstrueteil use e1' t?�e Public: 1” ird - - To maintain, for a period of three years •flop an eighteen foot c'la:znol is obtained by the United St&Tes in the part of tree channel to be built by it, an equal depth in the basin adjacent to the wharves at Jiami and the channel across the Bay. ART. 3 --- It is further agreed that all craft resorting to Biscryne Bay for csx:rrsraial parposea. r.ay use tris wharves and were'_ouses tr,oreon now owned fir can - trolled, or hereafter built en Bi scayne Fray by T!_e Flericla Fast Coast Railway CoN.piony, its eaeee:�ssrs or a: signs, for reasonable rates of eor.,peiisatien, anti that proper facilities s},all be given to all person: or eorpsratisns for the ahiT.:�ent •f freight to or from said wharves) on the railwk tvac'.-{s of the said Cor.pany in for lime reasonable rates and upon just and reasonable conditions, and in cas• of disagreement such eoape,satier and conditions shall bs dettri:,ined by the Secretary of war . 478 8 w.. horoinb or�T listen Rd ♦ li�,ee i iir�. � t$x � o�tt" t agreoa+ant an Lne day "lorida East Coast Railway Coripany.beids affixed b, its 3raretary purpuant to a res!?-ution of it: 2?oard if r ireetore, passed on the 25th etay of SopteAber 1)02, a copy of the record of whicl". is hereto attsehed. Signed, 71,o uniteA States of America. In presence of pl, (Signed) 'AiY:u Root. = {Si;;1ea1) John C. Seoffield. In presence a' (Signod) L. C. Ilaines. - ". D. F3oice. Attest. (Signed) J. C. Salter. t. --------.,,_ Se acre t ary . , '71-tirida ,aFt 'oast j2ailiva., Cox,piny lay (Signed) 'I. ".. Fla;ler Paesiment Mills of sac:,_ dopartmi nt listetwora read by tfto Cl ork, after whier, tro folio -ming Motion ryas msdo• '.ovtd iy E. C. Aarfh, seconded Vj •T. A. Cenral, that all Mills listed, with exception of tho laundry Mill of tl'.e h :spital, and the water Mill 6the Palles department, and these tMo bills bo re"errsd to the "aeumitteeman foL investi;;atien and eerreetion. All the other Mills Mo ^gpiod in the Rill. Rook, and paid canon funds are available. 'cot; oTt earrit t. -suneil requested the �Committoosman on S3nit&tion to rove sti,;a ,e the loundry bill of thLe '.-_ospital and see if '_-e could not ;Rt the wsrl,. done Cieaper. Tree Cleric read t' -ie following Mills to Council, rr der were not listed or appro•rad ty any ewmitteentar., as thea were old Mills: Bill of K. IT. `4.Intjre- $65.?4 W. IT. 'faintyre-- - - -- - - - -- -- ---20.20 W. H. Weathaly - - - - - - - - - - - - - : 476.96 A. 7reedlund _ _ _ _ _ _ _ _ _ _ ___- _ _ _ 153.40 J. K. 7)orn - - - - - - - - - - -------- --- 6;-00 Standard Oil Cempar� - - - - - - - - - - - - -'I VII .�,. l„ '?t'iald - - - - - - - - - - - - - 13.J0 7 a Coamitteea,an, a, Streeta explained th*Vills of 'R.7.4cintyro saying t" -at the street, roller and in fixing t"_e streets had damaZed his sower for the a,mint of (ianaje as shown sy paid bills, and that -a had compromised. the Mille eLt' tr_e Captain Vy agreeing to pay one-t'.ird of one bi1T-, or *'21 •7'3, and one-half of the other Mill, or 7n.10. T' -.e Mill jf W. ?`. 'featherly and A. 'Proedl-ind were for aawer3, ar:d was ap- proved b;( Cor.mitte<tman an Streets. Tho bill of Townley Kris. was fsr sower laid on Avenue C, and the Copmittoom man on ?inan�ae advised tha ; t`:e -ity pa,, thoziii and assess �'ownle; !giros. one- third of the cost, and true "drat Mationaal Eank one -t Ard, as t',oy were the aeuttins property hslder s. The Mill if J. K. Dorn was 'or insi.rango on Citi 'Tall. and the'lill'of for +ail ft,^nisYed the '-'ire Department, The Mill of L. K. '?atfiald Was for work done an t :! insino^ater. foveal V,� E.C.Romfh, saco:idea by J. A. Con.rats that all bills prier to Oateber 1st, be paid as reeea ended, «. ai all of' --r Mille be iscepted and paid .in thfir r*w,-ular order. 'letion r:arried. { 'ire Chuirnan advised Counsil that several triad' had spoke.,- TAS him about the charges of the Eviler Inep%ter, slat=ing t_.at t .ey were e_n"Ar;,ad wit! several licenses in the same year. While their idea was that Orly one license souls. oe issued in one year. The Chgirna-r-'s advice raised the ,iusstlon whish dopartrent the joilor Inspector was under, and after di3auss4­nt. it, t a _following il,otiar was made. ` oved by seow-Aed My J. A. McDoaald, that, the 'oiler Inspector be under the supervision of the Co'snittecman on Publie Ih.ildings. ".otzon oarried. moved by E. C.Rer,ihP seconded by J. A. McDonaldthat the natter of extra, eharges for Engineer's lieer�se be referrei to Coxunitteex►an on Public uildinga for investigation. Hotion earried. The following re6olutien authorizing the ixtvesting of any funds in the Sinking Fund into City's Certificate of Indebtedness, was intreduead by Co��ncilar�n Rop�fh: RESOLUTIW NO. 199. RE IT RRSGLVED , by the City Council of the City of "IiarliI Florida, that the interest on the Sinking Fund tie, and the same is hereby transferred to the Sinking; Fund. BE IT FURTHER RES -L rED, that the finance eoaamitteeman of said city, is hereby authorized to invest any funds in the Sinking Fund in any Certificates of Inde4tedness, which have 'been or may hereafter be issued by the city to, contractors for iaiproveucnt work, where said work has been accepted by the Cit,/ Council. Passed and adopted this 22nd day of January 1914. Signed, F. 2. F.rfert Ar,mESr„. President City Council. f' City Clerk . Approved this 22ndday of January, 1714. Si1;ned, J. 1h. Wat son Mayor. 46ved by J. F. Filer, seconded by C. Hefty, that above resolution ba approved. Upon roll call, the vote was as follows: ". C. Rrfert, yes, C.F.Filer yes, C. Hefty yes, J. A. Conrad yes, J. A. ?d,'L>onald yes, E. (3 Ronfh yes. The City Attorney advised Council that he hod prepared a resolution for Council, accepting the bonds of the City Engineer, City Auditor and City Attorney. The resolution was introduced by Couneilman Romfh. RESOLUrTI011 YO. 189. RE IT RESOLVED by the City Ce;ineil of the City of 'diarii, Florida, that t`,e to -v of F. S. Fredericks, in the sum of too.00, which has been heretofore executed and _filed with the ,City 1:1erk, be and the same is hereby approved. PASSED AND ADOP"':_� this 42nd Carr of January, A.D. Y)14. Sign ad._F. G. Erfert President City Council. s A",'"Fll c: m. J • . W. B. _V0ere Cite Clark. Moved by C. F. Filer, ascended by C. Hefty .t?,&t aboire resoi•ition ?•1c4. 1F�, re adopted. Upon roll call, the vote was as follow3: (`.TJ. File^ yes, r'.e*ty ,'es) J. A. Conrad yes, U. A. '[cDonall ymax E.C.Rar:ft: yrs, F. r.Fsfert yes. *!*tier; earr%ed. .t The following„res,tlution.was introdueed ►m� Councilrmn. Fonfh: RESOLUTION NO. 190. • • BF Il' RLSOL,VFM by t",e City Council of the City of Miar:i, Florida, that the bond of A. J. Rose, City Attorney, in the sum of 0500.,,0, and tt:a bond of J. W. Rey#, ' City Auditor, in the sun. of 11,000.00, both of which hNve been herrutefore executed and filed with the City Clerk, be and the sans are, hereby approved. t Passed and adopt od this 22nd day of Jamiary, A.D. 1914. Si.nod. F. G. Erfrt President pity Ceuneil A "TEST; As P. !boor o City Cl er k Moved by C. F. WIler, seconded by C. Hafty, that above resolution No. 190, be adopted. Upon the roil cs11, the vote was as follovra: C.siefty yes, C -F -Filer yes, J.A.Cerrad yes, E.C.Roatfh yes, J. A. VePonold yes, F.G.Erfert yes. ?Action carried. 1 I jh C6erk 1fivised Council that, the Board of +i•alth ordinance had been ' returns s Buns by the ?Mayor without his signature of appsroVal, with the following comsssunicatios: Jan. 22, 1914, To The Members of The City Council, y Miami, Florida. Gentlemen:— I herewith return to Yet►r s(enerable Body, without my approval, { an ordinance of the City of Miami, Plorida, providing riAles and regulations t for the Bot,rd o* Health of said city, fixing the salaries and proscribing the 4 duties of the Health Of*leer, of the Inspector of Plumbing and of the � Inspector of Foods and Meats. "ly reasons for withholding my signature to said ordinance are: 1 lot. Several sections of the ordinance are clearly unconstitutional; 2nd. Said sections are in direst conflict with the City Chi rter. I regret very nueh that I aannot approve this ordinanes in its prerent shape, as I a i more than anxious to got the Board of Health to work, but as thi.s i is a very ir.iportant branch of the City G•overninent, I think that there should . 1 be no question as to all of its officers being le€;ally appointed. I have given r it considerable time and thought, endeavoring to Pind so>ris way by whish I could sign and know it would stand the test of -the courts, should ever •cession arirs to try it out there, but I foil to do se. Vnowing that Judge P. P. Atkinson wrote the o i.d �x:.a t e now one ae well, and knowing -him to bo familiar with its provisions, I submitted a s corf"`munication to him, asking for his written opinion on this sub,jeet. He E -ave it to me, anal you will find it a*.tachob,d hereto, and sn-cie a port of this semmunieaa tion. itis opinion is very eenetse and elaborate, and he advissfs me to return . the ordinance to the City Counsil without my official approval, requesting that the ordinance bo amended, so as is have the new officers appointed by the Mayor, and cenfira,ed by t:7 e City Council. I have prepared an ordinance myself to that offast, and you will find it attac!ied hereto. If in the judgment of Your Kenonable Body, you believe that tre position taken by myself and the opinion rendered by Judge Atkinson is so_,•reet, you can pass this ordina•►ae at your sheeting tonight, and it will then give me great pleasures to approve the ordinance as amended. If on the other hand, you bo— j lieve the ordinance an it orij;inally passed by Your Honsrable Body is a }1 legal one, you can by a majority vote .enact it into law anyway. Respectfully submitted, Signed, J. W. Xat. on, ASa,yor , j An opinion of Atkinson, Grariling 6c R,irdine was attaehod to the oonmunicat ;ons j snowing the defects of the ordinance and upon which grounds the Mayer retur.nei the ordinance unsigned. After discussing the ordinance, and getting the opinion of the City Attorney, as to the legality of it, and acting under his advieo, the following Motion was made: Moved by E. C.. Ror,fh, seconded by J. A. McDonald, that the Aeard of Health ordinance be passed over the vote of the t{oyer, as returned b;r hid unapprreod. Upon roll call, the veto was as follows, E. .C. Ros_nfh yep, J. A. 'IeNnalfd gee, C Iiofty yes, J. A. Conrad yes, C. P. Filer no, F. G. Rrfart no. Motion carried. r Ceunail discussed the an►ount of contrasts that the city is liable to j the Consulting Engineer for his percentage. The City Attorney advised Council that his iviprossion was,that any contract for street work whifn had been referred to the Consulting Fs;n►;inasr to prepare plana and jpecifieatians and the Can— {. sulting En4;ineer did at, ho was entitled to the aeamission. ' � t A communication was read from the Alton Beach Realty Company, in which they stated that 'they had paid a Real Estate lio$nse and s+s they were selling ' only their property, they did not think that they had to to so and asked for the refund of license. , The scatter was referred to the City Attorney to advise Council what action• to take in the matter. 'loved by C.iiefty, seconded by J.A.MaDenald that Cwineil ad�leurn. 111stjon