HomeMy WebLinkAboutCC 1914-10-19 Minutes1'.
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HERO PRESE1+1T:. P. c . T4
Minutes of the meeting, of October lent, 1914, Were rink
Minutes of the meeting of. October lath, 1G14, were feed ,
There being no errors or omissions, Chairman.,deol&re4 theMinute' *mild stall
pproved as read.-
' The clerk read the following 'setter from the Boston Insurance Company, under date October
19th, from J. W. Byrd and Co., local Agents:
`tie herewith make application to year honorable body for the insurance. on the' fire et tion
it building, to be ereoted on the corner of Waddell Street and Avenue 1} 3n this .pity. We hw4 been
advised by :r. Yarborough, the contractor, that if we obtained the insuranoe'on the build
i -ing, he w ula place the builders rick witty uS, thereby ,making the rick cheapeer .for h ri,
'as the same could be run into th:> regular insurance. We represent eevCral (1si; tees of
good standing, among whioh ie the Boston Ineure.nce Co. of Boston Mass. We wil sopreCiatC
any oonaideraion given us in this matter."
+'. &&oven by i;. Ro :fh, seconded by C. F. File. , that coins min tion be received and no action
takon. wotion oarried.
The clerk read the following letter f!:o : Finance Committeer,:n,n E. C. Romfh, under date
October 19th, 1914:
"I beg to advise that I have delivered the following bonds to the Southern Bade. and Trust
Company in accordance .with their bid: Noe. 1 to 10, denomination 41,000. Street
Improvea.e::t ;onus; 1:os. 128 to 176, Sewer Bonds; and Nen. 231 to 276, Dock Fronde, and I
received their checks payable to designated depository's, which I have delivered to the
city clerk.
Also, 1 delivered to the ;:iarai :tank aed Tr et Company bonds Nos. 96 to 96, Fire Bonds, and
I received tr._.ir check payable to decimate- depository, which I have delivered to the
• 'city clerk.
The erineipc.l and interest of both sre in aoeoriu.noe with bids ao::epted by your honor able
body Thursday, :ectober 1ite, 1914."
Loved by E. e. eelston an, eecor:dee by F. rile.:, that oor.....urication from the Finance
caaitteemri.n be received en. spreaa upon the minutes. Lotion °se tied.
The :.leak reed a letter under `:.ate :eetober 19tn, 1914, from :1oVei,gh and Binton,
:General A ents, ..iar..i, Flcrida, for tee United States Fidelity and Guaranty Company
reeueating ti:at ineer. noe on the nee eiectrio street sprinkler and flusher and the
new eie.,tric truck for i e of the Senitary Lep&rttent, be placed: with than.:, offerine the
fc1.owine rates:
Public e. i....e oyers Liability Property Damage
3: 50 414.00
3:..50 14.00
0ol:Lision
y132.00 Sprinkler ,l Flusher
76.80 Sanitary Truok.
The setter :ecitee tip, fact that The Public and .Employer's Liability protects the city
aEu.inat bodily ineluriee to the: public or driver; the Property Daruage against damages to
the ; roperty of others car:.: the Col.. lsion Insurance protects aeeinet damages sustained
to th:: cux insured caueee be eel.. ieion wi Lh another object.
oy L. :or::rh, eeco :3ed Uy F. Filer, t`.at the co:::, u:;ioe.tion be received and
referred tc :he eoi xitte..ean on Streets, with power to act. :;lotion carried.
Courcilaan Toafh ir.trodaced tl:;. following resolution:
RE`0T,?7TI01: NO. 105
Be it resolved, y the city ccur.cil of the oity of .3.iami, Floridet:
Section 1. That th.: to11owir:e Funds be and are hereby created, to be known as follows:
Eleventh Street Bond, Interest and Dinkins• Fund ::o. 1, for the grading,
paving and cu.:biee of Eleventh street between Avenue B and Curt Street.
(b) Twelfth Street Lend, Interest end Sinkine Fund :'o. 1, for the grading,
pavi e and „erbing of Twelfth Street between Florida East Coast riailway
Tracks and Avenue B.
(a)
(0)
(4i
Twelfth Street Bond, Interest canes Sinking Fund .1o. 2, for the grading,
paving and turbine of 'Twelfth Street between Avenue B and the :'oulevard.
Twelfth Street toad, Interest and Sinkirr Fund No. 3, for the gra.,ing,
pra.vir.:e and curbing of Twelfth Street between Florida East Coact railway
Tracks and :diar.i River Bride.
Avelele T1 Akee4Interest and Sinking rand .. o. 1, for the grading, paving
aac.d'bUrb :g o!`'Avenue p between 1Zort1 -ai-: ;uiiari:i ::ridge and Florida East
Coast icy.,. %rac:ks between $th and 8th Streets.
o
1,11111=-
1
(h)
(1)
(j)
-Atena:t:106h-eW
4 AvenUe_Q,betir
AvenUe Bend',. Interest and'.Sinkin fund
of AvenUe between Twelfth and Tenth:Strarka
NO; .1; ter, tin', gr.
atreets4
7Und P00 th
trAet wild%AvetnelL
Nineteenth Street Bond, Interest and Sinking' rUniLlio. 1,40 ilieltr04111S:;;Plve
curbing Of Rineteenth-Street between Avenue 2 andBrickell AVenua:
(1) Court Street Bond, tntere0 and Sinking Fund No,'1, for the.grndinc:f
curbing of Court Street between. Twelfth and Eleventh;Streetne
Avenue E Bond, Interest and Sinking ?and:
of Avenue E between Eleventh and Twelfth
Eleventh Street Bond, Interest and Stnki
curbing of Elevanth Street between Court
Section 2,That the city olerk be and is hereby sakhorised and'direoted
credit of the following named fund, to wit:
Eleventh Street Bond., Interest and Sinking rand Vo. 1, tor the grad
curbing of Eleventh Street between Avenue B and Court Stretti.
loos to thi
ga Vi
Twelfth Street Bond, Interest and'Sinking rand Uo. 1, for the grading,.paving and -
curbing of Twelfth Street between Florida Faet CoastTailway Tracks and Avenue. •
Twelfth Street Bond, Interest and Sinkinfe Fund 2, for the grading, paving -end
curbing of Twelfth Street between Avenue B and the Boulevael;
Twelfth Street Bond, Interest and Sinkine Find 3 for the grading, paving and
earbing of Twelfth Street between Florid; East Coast Railway Tracks and :!.iami
2iver Bridse;
Avenue D Bond, Interest and SinkinEe Fund 27o. 1, for the grading, paving and curbing
of Avenue D between north side :;:lami :eridee and Florida East Coat Ry. tracks
between Sth and eth Streets;
Avenue e Bonn, Interest and 7inkine Fund 7%). 1, for the gradinc, paving and curbingi
of Avenue C between -Florida ::ast Coast 2y. Company's spur track to Poyal Palm Hotel
una South side ef 12th Street;
Avenue : Bond, Interest and Sinkine Fund e.o. 2, for the gra-in,
of Avenue C between Twelfth Street and Tenth Street;
Aeonue 3 5ond, Interest ane Sinkine Fund :%). 1, for the gradine,
of Avenue B between Twelfth and Tenth Streets;
Avenue E Eond, Interest and Sinkine Fund :;o. 1, for the gradine,
of Avenue E between Lleventh and Twelfth Streets;
Eleventh etraet 3one, Intereat arel einkine Fund 2, for the
curbing of Eleventh Street between Court Street are:. Avenue L;
Court Street Bond, Intereat arei Sinkine Fune :'(). 1, for the el
eurhine of Ouart c;treat between Tw lfth and Eleventh Streets,
,the erineipal and interest of all aeseeaelents whetter heretofore or hereafter collected
on 4C aunt of s,eil funds, in the following naLed city deeositoriea:
Liiii,eavines Avenue t Done., interest and irking Fend 1 ane Avenue B
or Intereet ane Sinking Fund "o. 1;
-eutnern BL.,3s and Trust Company, TwLlftn etreet, Bond, Interest and Sinking Funds,
Los. 1, 2 and 3;
.:,ank and Truat Company, Avenue C Fond, Interest anu Sinking Fund -es. 1 and 2;
Bank of 7$dy bisoayne, Eleventh Street Bond, Interest and Sinkine Funds oa. 1 and
Avenue C, :ion, Intereet and 7 nkine Fund .0. 1, 'ineteente Street Lond, Interest and
Ankine Fund o. 1, and Court etreJt Booa, Interest and Sinkine Fund 1
paving and ourbing
pavine and curbing:
pavins and curbing
grading, paving and
Passee end adopted this 19th i_y of October, 1914.
Attest:
.7 paving and
F. '1. Erfert,
Freaiden Council
City Clerk.
„:ovee by halston, seconded 'c'y C. F. File:, that leeolution 'f:o. 606 be adepted.
On roll oall all voted yes.
,„;
.ee
ISM
- •
That the sum of One thOolinerdOillaWnt-tO
.of no4 Biscayne,. be '0*n:stetted folitatloo)torn, Bank 4Truelf4'
Repairs and internal ImOroystent 1104
Passed and adopted,thie 19th day of October, 1914.
Attest:
Xoore,
amity Clerk.
acved cy . C. ralston, seoonded by
X*11 Gall all voteI yea.
Erfert4
.PreSident,.0itY '00U4041.,,
F. Filer, that Resolution-40., 00 *
Councilman Z. C. Romfh introduced the follOwins,Resollition:
RESOLUTION NO. 64 , •
, . - • Be it resolved, ay the oity oounoil of the oity of Iliamt,Allorida:;/
Section 1. That the Finanoe Committeeman is hereby authorised to.b4ve Ibudhere draw,h,
. .
,'s azainet those Street Bond Funde created by Resolution No, #09,. passed and adepted-thia, ' ,
'day, to th amount of cash paid by property owners on the aesesailen*of each ot'ilail
improvements described in said resolution. Section 2.Be it further reeOlve:‘, That the Finanoe Committeeman be and is hereby
authorized to have vouchers drawn to ray the interest due to240eptember lst, 1914, on the
certificates of indebtedneee issued to the Southern Asphalt and Constructio4 Company
and the '::!r::osoted Wood Black Company for the prmanent improvement work done by them.
Pasued and adopte.. this 1.th day of Octo'ber, 1914.
Attest:
City Clerk.
F. Erfert,
-...oved by F. Filer, seconded by J. A. Conrad, tit *11 be adopte4. O.
ro:L oali all voted yea.
The Chairwan announce that this beinc: the ni:-ht on which bide received for the__
construction of'about 1»i iles of eahltary sewers, are to be reported upon by the FlCineer
couheil would. be ::lau to hear from Enrl.neer Klyce, with th a result of his tabluation
of the bids, whereupon, En,:-ineer Klyce ILale the followins report:
Florida, J)ctobr 19th, 1914:,
To the onorabit yrr and ity ouncil:
on the
are au
I 4W submittins; herewith a blue print of the tabtlation of bide received
construction of aanitary sewers an.-. puuipine: station. From this tabulation the totals
shown below, for th construction of the sewers:
J. J. uinn cpuiparly,
'Llscayhe '.:bnetruction Cbmpany,
Southern Asphalt :!'e Construction Dompany,
Eryan and -:ompany,
Cement Stone 1 Tile :•ompan,,
7;. J. Irwin 1 'Con,
0.22,007.62i eertified check for 0,000. enclose4
163,3 0.64;
16-3,912.52,
1/1,67.9. 6,
30100..
"!,600.
5,260.
10,000.
$060C.
a
st
tt
Your enzineer's estimate of the aotual coat to the contractor, made before the letting,
was 0.13,407.67, from which it can be seen that you have scoured some very low pricee,
in y ert. The S.futhern Asphalt Construction Zompahy also submitted 4 bid
for a part of the sewers only, which totals '463,736.39; the bit of the J. J. Quinn
Company coverins the sam.. streets would ar;:ount t :;66,623.33. r. DZ Harvey also stbmitted
bid on part of the sewers only, which b14 a:,ounts to ;191,726.60.
Bida received on th a pumpl%7
J. winCompany,
Bryan and Company,
,BiCcayne q0natruotion CoMvany,
•
station are as follows:
t4,000.00
6,260.00
4,477,80
r"C.'4NN
a
try
•
•
•
q
> ' eome d 34ae1aa by. o inOil.,t ; lie•ri> •
of h reeptidt . to they relatb'ilit"y. la d resp neibi;
• a etateMent, lay` '. J. Q1 ann) upon ,invitai•i'Of_ tit the.
to cont~rLoti ,for ]aloe wOrk which her 1 . suoiieeaiO4a •Ci.i Z$t
Vinoennes, Indiana, the following motion' Was.re� ,
;moved by H. 0..' RR1eton, seconded by J► A. CGn'ak4., that `this v ecsk*Ak' s].1 et
who .submitted bid* for the' oonstr ot'ion.nt 'the ssWe'ra,,` •zaept 'th&t, a `:
t, ui'lm Cosrpao:y, be returned. :dati.rm serried.
The question Of furnishing castings was disaueatd and Coundilelen R ii. alatd 114
expressed the opinion that as the C. H. Lyn* Co. , was a 10oa ,: *Worn `' the
payrolls .were of advantage to the city, that cozpany aehould be faVered In ink:;::
manner possible. Councilman Ralston stated that it was simply a questibu or:>did
upon the lowest and beat bidder, and in order to induce oompetitive ,bid* and 4$
fairly with all parties in interest, the law bidder should be favored, and otterA4
the following motion:
_,:oven by :. O. Ralston, seconded by J. A. Conrail, that the check of C. H. Lyn*, .who•
euomitted a bid upon oa.etinge, be rr:;tarned. 0n roll call the vote was as follow*:
r:. GaRalston, yea; F. Filer, No, F.. C. Fomfh, ;+o; J. A. Cont. , yes; F. G. Wert,;
yes. lotion oarried.
The Clerk reat tine report of th:a Committee oomposea of ;Mussre. Hefty, Erfert and Conrad,
with reatri to umenaing the Traffic Ordlnanoe so as to ;allow more than one person
to ride upon a motor cycle at ,one time, as follows:
To th:. City-'ounc:il:
We, the com4.i':. Lee appointed to ,look into the motor cycle ordinance,
re . orr,. :i:n,i tact the some be amended so as to permit riders to ride double within
the city limits, excepting, the following district: Bo •nde1 on the north by 7th
Streot, inclusive; on the east by the hay; on the south by the Miami Liver and on
the west by the: F. E. . 'iy, tra,:ks.
Signed, C.s''ar lefty,
F. C. Erfert,
J. A. Conrad.
'Ti'n.;reupon, Councilman F. Filer intro: ce�i t:at� following, ordina:�nce :
,' 771
A' ORiIA'GL TO l„ AN O:.'I:A:7CF ENTITLED: "A. O,..,TTti E OF THE CITY COUNCIL
OF THE
CITY OF :I�IA'iI,FLORIOA, GOV='RNII:G TRAFFIC BY h4T0'_? VEHICLES, HACKS A: OTHER
_HI'LE3 iP'?: ""?T' T":?LI ST�"F'•" �1s'" T'�:k 'T HFARrS OF SAI_: CITY; PRESCRIBING :LUTES
A T RF:G1JLATIO::. F 'THHE� rSAHE; A"D PRO7I" G' t Y FON ALL vi N
a: .;Iir,� 1, PENALTY �:�. .OLA IO.,S OF SAID
OR%IN,A E. APTROVE: • ^:I.^._T•:fi. 13tA, 1911."
:ove:i by E. . F:, laton, seconded by E. C. Rorafh th.a.t Ordinance No. 177 be •;even first
reta.a.inE and read in full. Motion oarrie.:. The 'r cinaarae was read in full. :,:over.
by J. A. Conrail and aeoondel by H. G. Ralston that Or..inanoe :;o. 17 ' be given second
ree,.in ; and read by title only. ::.otion carried. The ordinance was re d.by title only.
Councilman K. G. Ralston introduoed the following Ordinances:
ORDINANCE NO. 161
ORDINANCE TO AMID AN ORDDINA2xCE ENTITLED "AN OR.I'INANCE REQUIRING OWNER'S AND
THEIR AGE `1'S TO PROVIDE PRIVIES ON THEY; PFITISE$ AND BUCKET$ -001 i:ECTING THEREWITH;
PRC I":I;.', FOR T9 D P $ITINS OF HtL'A;i E?:CRK: _NT; PROVIDE:: FOR THE COST OF RJ.110VAt►
OF T!'?E CONTENTS OF THV BUCKETS AND PROVIDING FOR
L� THE COST OF •OL'' ECTINC, THE A: CE. NT DUE
?OR SUCH REMOVAL, AND PRO'+IDING A PENALTY F on. HE VIOLATI01.4 07 THE OF.r I:vAN E."
;,:ovea by J. A. Conrad, seconded by :_.. Romfh, that Ordinance No. 181 be Eiven first!
r..iing and read in full. Motion carried. The ordinance was re..0 ,n full. moved
by C. F. Filer, seconded try J. A. Conrc,d, that Ordinance :':o. 161 be Liven second
reading and read by title only. :lotion carried. The ordinance was read by title only.
ORDINANCE NO, 178
AY ORDINANCE TO AMEND A:; ORDINANCE ENTITLED "A;6 ORDINANCE OF THE CITY OF ...'IA;II,
FLORIDA, GOVERNING PLUMBERS, AND REGULATI:;O THE PLUMBIIM TRADE, RUBE DRAINAGE
AND SESDRAGL, AND THE MPECTION 4F BLUE I) PUBLIC AND PRIVATE PROPERTY An BUILD
INS IN THE CITY OF MIAMI. CREATING T1 L OFFICE OF INSPECTOR OF PLU2.�3, INS AND,THE
HOARD OF PLUMBING 'CO3d:: I$SIONER8, AND PROVIDING PENALTIES FOR ITS VIOLATI,01aS,.." Apl:xo edi
September 3rd, 1912. ,
k .
hayed by-J. A.. 0onrado seconded tort. 0, Romtis, that Ordin 4 'gip, lin be 01,0 ',
irmt . rOOding is ��l1Y.rood in tu13, ►tl�t rted, 'sae oo4t * .r ► in fu4X
)* •" 144* • ..r.�' + ? F fr 4 � '? r.r , +,.'...z a. ''' ..,H+ x "1y,L• �z
79.01
—iP
AN ORDT$tA*4DZ AmENDa i stottos I .or .,,, ' TO,..
*ILI,, DAMES AND DAMP ,. RDS AND TO LIOOWAINO`.3 a
Ot "M/Lt IX THE CITY .OFkW) 1LORXI3A, AND IRO/MVO A
Moved by H. G. Ralston, *seceded by W. F. Moro that: Ordtnanee WO,, 10 he gig.
and #heal reading and reed ;dnfuii. Motion; .oarrded. The orcltnanae *es read. -i
Uoved by J. A. Conrad, eseonded by H. G. Ralston, that Ordinaxa,o,S R04" '1 '?.
read. Clfl roll call all voted yea.
E. C. Stsh1, by invitation, addressed oounoii stati ng that thi, a).dAt$,';
aio " .Avenue D, north of Jahneon Street, had so platted their pro r . si,tha* Ieide
of Anue D as, to allow a` 7'o foot street, with one exception, ind . t sae., paarty, ba.."
extended his line to within fifteen test of the °en;ter 0f: t s : .re"et* ; tf:,AA* * D
but thirty fe t wide at that, point;; and requested whatever a.es.istanCe po�rst�p it
to be given by the city council in order to have all property :fines se:. s'etablia►ke
that ♦5.e Avenue would be e, feetwide front 4Ohitel.ru :Street tti'. ., Vi*'ta ,Roma..
i by H. G. Ralston, seconded by J, A:. Cenral, that a' emmittee::oat. three. ins: a ei*t '
eed';.it a investigate this matter and report to council. 3 otien .a0a te& 'Chairman
. appeintsd Defers. R laton,. Conrad and Filer.
Councilman Somafh stated that Councilan Hefty and himself had agreed to r port fesvorbly
upon the request of the :,:ia i Water Co►upanym under date September 9th, 1914, and
presented to oounoil under, date September 17th, that the city guarantee:to ties eater
Company 1O for a period of five years on the cost of oonetroting approximately 8000
feet of water mains on Avenue H and Wad,,ell Street, the.guarantee to be reduced to
the extent of the amount received by the Water Company for all new services secured
on the Nine at thu regular rate cf 0.2.00 per year.
�,:oveci by L. .. Rowfh, se ..o rded by J. A. aonrad tc,<<t the guarantee requested by the
arsi Water Company be t iven by the oity. ::otion carried.
Moved by E. C. Routh, s. oonded by H. G. Ralston, tho:t the City gn,ineer- pxepsre
plans and specifications for the e:_tension of Va.dAell Street from the intersection
of Avenue to 4ha Avenue H, same to b paved with Rook to a Widt►b of 16 feet.
Notion carried.
:,;ovei by :. C. ro::;fh, eeoonded :! ;% _r, Ruleton, that trio: City Attorney prepare a
raolutonre,gueetinc the Florida i:e.et Coe.st Railway Company to open —Waddell Stre•.t
moos:, th.::ir tracks. ,otion carried.
iovea by G. Ralston, seconded by J. A. Conrad, theft contract for the sewvIr oastinge,
be awarded to the Florida :achine Company, to be furnished as °ailed for by the
En i::aer. Notion carried.
:'oved by E. C. flomfh, ae2onded by 9. C. Ralston, t:::t the le: ,er from Honorable V!. k.
Mount to City t,torney A. J. Rose, under date October; 6th, 1914, with respect to the
Water f..ont and riparian rights alonr the Bay between Third and Seventh and Seventh
hnd lath ..treats, be received' and spread upon the minutes; :action carried. The
let;.er is as follows:
I have oonaidersr: the ru:;stions which you, for the city of Miami,have heretofore
submitted to me, reape.,tinc the rir,hts, if any, of the city in the 'wa'sr front of that
oity, in front of tat portion of ,:he upland lying between Third Street'.stria Twelfth St.
I have, with much oare, examined the facts which you have submitted to .me And the law w'.ich
I think api:licable to those facts. I divide the opinion into two paxt>t.,' be;;i..use, by
reason of the decision of the Supreme 0ourt in the oa.,e of the Florida East Coaet Fy.
vs Worley, 49 Fla. 297, different ooneiderations exist as to two different portions of:
the water front mentioned. One part conoerns the water front between Third and
Seventh StreAs, and the other that between' Seventh and Tv elfth.8t eets.
7HE PA::T BETWk, 0 Tf'.IFd) A. . SEVEN7TI? STRktTO
The papers and other feote show ti.at the city does not claim thiel,'lf a er front by
virtue of a:ly grant to it, or as *.n incident to the ownership by it of any pat of he
upland, constituting the James Hagan Donation, unless it be the ownership of Fray Pa rk,'f under.
the. dedication shoe:n on the Knowlton plan of the city.
Obviously, whether the dedioation coaicasyed any right whatever to the Park depends
' lec% the queet%,ba whether the cietdiot tore hai any right to the 4aales Reece ;rernt, of ,
xbich ,the, park *as err part, and the question 7,hether it conveyed any right,, .lf the
dodisatOXs bad it, to the city., in the water and submerged lands in freant' :of the Park.
4•. ►cull upor the quest @A0xt01 , .others), whether the 1ed#oatOr, had -title tp.-such
"'refat+e .. ad" submerged lattds.
400 not4eleht,, uetivoly into the gtxeattisn. of the title of, thoa d&dt tore to
`tlie taped,.b4t OApted tAe opinion of ssxe. Robbins, Gera ,.seal, ` .— sworth,
ein+o+l►- at t ,i _ t ere i le inio1v44, : # ► .sue. by theta) liskstr
r y t K 'r ;thew w.
•
Of the
flips ► ' „thee 1101e fro 'the _
':;)**'*As'Aleit.tse r .of the ' t?n14ed' States . ,
;ad tc bee s bertotioi&ry .of that `cat, bit:".
AO* ,+ iri ' " the Ward rerhapir*, "above, e.rl.ea ,because it . s A
tion �4..1.00Water bouncy, and hence: iteay not .,nee .ref t,
whiota;...i .' i !Meoon4 meetion, e. , re gly,restricts the nsfi , td'.,
: law mat " b+ crsr7 Metre is a oubt + a+ s ' ,. to. **to.
not inaehssi.4ternt with "the prirview at the sot, ah e►na.
of Tr7r"t; a the. '0$so c f _ ivar and ' T OOp "V 18*i .aryy.. 18 /1",1A ,,2'.•li�
restr otien, but the re � numera,subsequent aaeel; >ik*a, ;in with tb*, right.
have net Seemed t.a' lay wtre 'upoh. it,. 'a r±•.i perhapa have ; thus tr, ly
in:ny opinion however,., it is important whether Or not Wise' #" h
have, a title .to..the "'water front, for, in tpy Opinion, siso,this, tat*, a
%dedtoatars. . Wm.. F. English di,::d, leaving s.s his heirs hie .,lister,.. $i t. i s
441e brother � ,.:Jo . £ng1 , swab takes' a one half interest in this tract 'kid
lassumed to.'eelzng to Wm, '7...Er. 1#lab. Harriet English o mreyed by 'desta4k,.
.encl aftereard confirmed the atetveyance by.'del►es.. to Geo. A. Ittis, th& $ ai es
?heir; of Jain English oonveyed to auli,a D. Tuttle. Thee. are the only . cony,
divested, tine heirs of V. F, English, the holder, (if there were 'any holde00
the water am submerged land..
' heee conveyances, however,purported, to convey only the Jamei an tonat
f'the first) *the rights er,d appurtruttode, and *the privileges and appurtenane
(she sarond), "the tenements, hereditarnents and apturtenanees" there Into be1r
that these oonveyanoea did not coney the water anet seubutergetd land to t ont of the,.
tract. rhile the Supremo Court of Florida, in Zulliven vs Moreno, 19 Fla. p.22?,
leave. open the question as to whether a, conveyance after the l to of the Riparian
Act, of the upland, bounded by the shore, ,would not,pass to the grantee the ri
grantor to the water and submerged lands in front, r•.nd althcueh the co..,rt in t; "* ee' of
the Black Hirer Phosphate Company versus the State, 32 Fla. ;d, held, in a ffectf.,..that the ,.
right vested by the aleariar. Act was only qualified fee simple, in the submerged soil, yeti'
the seee court held in `.teas e Koopman vs Salary , a.zpra, thet lane eoea not pass as
appurtenant to lame., an:, hence that a conveyance of upland after 1 6S did not oa.rry with
it the riparian tights ere tted by the Act. The effect, as I take it, oe the Act , was tO:
create eo inetenti, upon its paelaee, an interest in lands separate and :iiwtinot, and no
longer an incident to the ownership of the upland, and hence not paseinw as a right or
ep: urteeaxoe t ttaehe-i to the upland.
If thia be so, then tee water an- au.baerged land hex, never passed from the heirs 'a
te. F. English and never ot.0 e to t.:e dedicators, and hence they hae no interest therein.
which :hey could convey by dedication tti the cite. It ia, teen, entirely ie.:.eeteria1
'•eeteer, i:: :he 4!:':i»ioetion to 'he city, here V:c:G c:,ry reservation or ex;,ept.on, or other
;i::.itation, upon the water front.
>t may, howLver, '.::u cell ,for :r:e to stete thet the conclaeion at which I have arrived;'
above, Chet 1st, that the cite has no repae &-n or ot1'.er rights, to the water and sruveereed
lanes, in front ef thet eortion of tee park uz i€r conai&eration, would not be e;'r.an,ed, if .
we ass :shed that the ee,:.icatori he,.: 4. 'title to ,ee eater ens e_kbmer ee land. •—
Th•:e eupreae Court, it see creEy ease, rae decided thht `he ezeieetore, altheurh
teey exertsieey rase:eve the strip cw v::sec:. thet between 'hire eee :event] "treets is u part,
eie, i e lave, aedicete that betwe r, Miry; a e Seventh streets ea a eeblec ;park, as :. ree:ult
of so platting it. It ate not eecieie _f::,t in any event whatever 'Tie city :veld have aey
4
,,.ss
YC
title thereto, leet it rakes' the eeeaticn, ens 'leaves i' ur.de:tided, erne er a private p- rion R
eoele fill in the euteeree:_ lane between the park and the cn:.:nne1. The attitude of the
ceeirt se -,..,a to hove been inspired. be }:.e eoraieera7 ion teat ;rah .:see would destroy the
chief value of the park as :r seaside Bark, end . enee =Jett be in oneis;tert with the
: edieetinr. itself. While thin _,.i-'..t ee tree, if th:ere were a lore :?eeioation of t;:e _, rk
witho'.•t any c:3s:lesian of the r'eee iar.. eie..ts, uxon he lass teat the chief value of the :ark,
mesh be its water aeeect, and that +:,': deeecatio: of the peek eieet be presumed to convey;
the ietident shish was it. chief value, yet, it a .r not be tree, when the dedication itself
ex;:ro .;ly exelueee fron its cperetion teeeie ripe..°tar_ riehtmm. The dedication was a gift and
it limits were at the will of the river. If :he .;.edicetore owned both the ;:eland and tee.
we :I: ai-t . i utmereed land, it Wers for'bee to eey whether they could rive one or the other, '
e.r:,i tee erante:e can not complain that it receive: tir:z: of term vaitle then it miL.ht ]oval. tee
received. t..
It is tree that '.sir: .;.e-::leicn of tie eu ru':;:e court eee in c eeee in weioh the ,rjitl'e
=.s nee a eerty ; ewer r, ev. n tee ,eh it ee e be eonteede.d or t;
c one c i;. ; e .at the •''.`;:,.,.:
We.4 t', ,1iber' _ to ta lty, ir. eiven: it eey cart of th - strip by Laaioe,t1on, tartlet
fie 1i' ;iG liberna to it i not i;vine the entire :trip' he r. eeeiice,tion, yet, I am of t1a.
o inion thet a.i',te from t;; ie g eetiine, the .:J.rt wee eeeaely reeht in de,i.dizi that n'R !.
a.iehts pe,a-,ee t.a the city. .Are. -.lee, in my oXi:.ion, it world adhere to that ,
decicrion, no matter who the p.artiee rat,;::t be.
I think.; then, that the city ha. no riea.ri .: c1:hts ir. front of the park between
hire a.'.d eventh Streets.
THE 1 AFT _..'TY e a :' eTe iie.,. TT2Lleee Si."ca',ETE .
the sa:rer:,e co-.irt has :ieeided th t tee city Lai no dedleatory rights to thee
strip of land, yet, even if it did have , it weeld not 'eve ene eleariae rid hts in front
a:, e _ere. it
r
for the c�:.e �: e�.so,:ai to ;iver� eh �: enne : ticn with'th reewer One cub :eree'.� lated
as
;in front Of the strip between thirst etre.:t ar:i eve,r.te etreet.
It is, however, entirely peroeib1e
t. e ,:edicators had not, tht:meely>ea+ a right
tt:e city e,iei not corer any right. If tee
opinion to -t it is erforoible in its own ea —le
or arty other eereon holding poeseseion of the
It .r;a,y be well for
the water f, ont,
that no privy tb i►,' iv
of Florida sh
benefit of the. sat
proCe►bl-e that Ao. tet
ec, .rt rr' y eif er +' ith ea es to el c tnten t:mot
to the wc.ter front, and that, the da•dia tion
city hare eey ante.:i S:iehte Bien I ram of 'the
, by e-eectmen_t, against the F i' c F.Y. COMPLanY
'w:Atr front adversely.
roe to say the:" while i t::ink teat the city itself has no .ii. ht' to
it may very reeeeily be thet the F E ey. eo. has no right, ,edtQ .
duel,;a ,;r ineivideuls haeu, or have, a right, fox .it the i''uprews,, i
Aede ide that l.n essential ^on.. i%iOn of the aoyani melt of
was the ecsseusior. of e 1o'ar- water bo-.znt y theft it le
Owns the water front, exoe t the state of' ; . ter it 14
eeEreffletZTAMEMffeele
9
kN;. 0..'
c, 4mmatice4 it* te,ftether•
han iitOpped at high titter.
only tO hit* water, an4:1 do not\kn 0
Aade in this oase. /f thiS grant did net
a boundary was •essettial tp the getting theiben *,
primate individual owne the water trent, but tt romatnt la 'one
•proper p.oceedings, preferably an Injunction eothet 4 $010r4S
041.100 to be abated the stu-cotures of the F r o Ry 00,
I hava also oonsider-1d the inquiry made in your redent I
-richt of the F ; 0 Ry. Co. in the dedicated Bay Park,en the Vp
ordinance, eilteri this richt, but I think that a city has het 6
possession or occupation of any part of a dedicated park to 6 1*
therefore, that the notion of the oityrin passing the ordinance; tit tit
'passage by the railroad comp44ny over this peak, was void. th 1at this w01114 be
1ln4uestionably true if the legislature has net authorilted the °It Ivs .fts use • et i
parks to a railroad company. The legislature, by Station 4044, P�V1ieStOites,'haio
given cities th2 ri,Iht to let railroad companies use streets, s4uste*, highWeri, or
public ways. If the lecislature has the power toogiwe such r4fht ate to dedicated
property, and the Woed "square" includes parks, then the or dinemee *14eh plime 041 OVA
to the P C Ry. is e":ectivs. I am of the opinion, however,. that ,applyint the *411 ;
known rule of construinz against a power which afoot* in4uriOus4' the right,of the
public and of the rule slated by some courts, that the legielature his no per tO
authorise the city to ,livert the use of & dedicated public p.,16064title otdin4ilwe
ineffective, and that the F. E. PY. Co., has no right 000 the p0,4t. The xieht Qt
the le0.a1ature to do this has been asserted by 40410 °Quell &Ad dented othore* but
think ti,e bet,cr reason is in favor of the pooltion that• it has not the row.
If the ordinance %me void,.anu the F F C Vy.Co. has no right at pot$0101164, then
ejeotment woald lie in favor of the pity against that compant4k,
I trust that.this has answered fully all of the queetions which 104 htive ProPeuh4ed4
but, if by inadveitanoe, 1 have o...itted answer to any of them, or it there axe any other
inquiries wi,ioh you desire to make, I will be very clad to answer furtber:.
...oved by .C. on, seunde,by Filer, ,that counoi4 adurn to eet A 7 30
' Thursday, '...otober 1,L14,oticc
Attest:
Olerk.
, J •
-
-414, '''0414-4altigk; )111 r9'ft • • • ;
1.4 •440. J•4•444•••... 14, . , tIPtiti• 1404. • • •
President City Council
, opomomwomm1.-•?=-----'
4.r. . • •TTT.
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