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HomeMy WebLinkAboutCC 1915-06-03 Minutesart ;6tlt di that ; i ft Ott?Man oA t7 S, .'elle*: Oro* IA&401ger0.4',, w, a. soon Ss ,Possible gnt dtr*$peei .ie • lie CO4LUN106110N 01 MAT0R WAle'C4 R'Ctt£RDI AUt8d$SZUA4' GF PA1 tletida, .Atha "Jrd, , 194." To the City Oounoil, Miami, rlorida. Gentlemen: 1t is' a th p*oftand sorry and• regret that 4, Were yalir honorable that one of Miami's policeaaen, Mr. J. R. Riblet, was shot • and while -id tb; discharge of hilt duty, endeavoring to apprehend Bob Ashler, a notorious bank lob" and murdered. Ur. ' Riblet was without doubt one of the most eftioient oftiesre Miamii, orwertt other oity, ever had, always obedient to bi.ssuperiors, kind and oourteoue to friends anu• straflgers alike and anxious, willing and tearless in the ,diecharge Of e:. duty. The tact that he arks killed while bravely discharging hie duty and the last that Ashley would have escaped had not "Bob" Riblet not closed his ayes -to fear and crepitated,' him, and'the further foot that his wife and'ohild were dependent upon his salary'fbr their support 3ustifie* in my opinion, your honorable body in paying Mrs. Riblet a' pension of $1i0. per iOnth until she can, to- soma 'extent, provide for herself and child; and this I most earnestly reooasiend that your honorable body do.. • Reepeotful4 submitted, J. w. W:.taon, ;loved by E G.A-Iston, aeonae,: by iefty that the Mayor's oomr,unioation be received, spread upon the minutes and filed. .imtion carried. RESOLUTION OF COUNOIL ON TEL DDR.AT:i OF PATE .L:3AY1 RIBLET AND LA1:IUG PROVISION FOR THE WIDOW AND C'iILD Councilman M. G. Ralston introduced the following resolution: RESOLUTION NO. 848 Whereas, John R. Riblet, a member of the police force of the city of :liami,Florids, lost his life in the performance of a duty in capturing the assassin of WilMur W. :Sendriekson, an officer of the law, and Whereas, John R. Ribiet was an upright, law-abiding citizen, faithful in the performance of all his duties; courageous, popular among his assooiates and all those who knew him: Therefore, Be it Resolved, By the city oounoil of the pity of Miami, Florida, that this counoil expresses its deep regret at the death of John R. Riblet; that it commends his courage and devotion duty, and that it extends to his bereaved wife and ohildren the sympathy and deep regret of every member of the city council. Be it further resolved, That until otherv.ise ordered, :he monthly salary which has heretofore been paid to John R. Riblet be paid to his .'idow. Be it Further Resolved, That a copy of these resolutions be sant by the olerit to :d.rs. Riblet. Passed and a -opted this 3rd day of June, A.D.1915. (Signed) F. O. Lrfert, Attest: President City Council W. B. Moore, City Clerk. ihoved by C. lefty, seoonded by J. A. Oonrad that resolution 848 be adopted as read. On roll oall all,voted yes. • MW City Council, ty Of Miami, Florida. emen: We, the under' itizfls and tati pays ing the catastrophe of yesterday, ant, line offioer, J. R. Rib1et, saorifiOed his life in the Air_ possibly saving the lures of several others and'suooseded'tn land desperate man, feel that the oity is obiotea and should �. b for the bereaved wife and child of oftieer. Ribiet, first bji difm ,..., his funeral skpenses and the payment of a owe equal to a; toll Man be rof.June and not less than twenty five dollars per month to his WI e• period of not less than five pease, or until she should marry'again. VA. X. Adams, A. T. Carter, Major Schofield, t J. W. Thiery, r T R. Meggs, b. C. Cadclagan, D. F. ;.io0rlmmon, J. X. Benile, t J. L. Luau:us, W. B. Moore, C. D. P. A. R. J. R. B. 1. C. C. J. L. R. A. A. w. G. C. A. Signed; Leffler, Henderson, Mathes, Gautier, Stahl, irioson, Bailey, Alliott, Perry, Reeder. T. P. Caswell, A. J. Cushman, J. T. Conklin, liugh Brun, Albury J. T. Wisdom, J. H. Tatum, J. ;i. Jaokson, J. K. Dorn, Month. . ra S. B. Boyd, W. A. Otter, A. It. Douai, Wp. Simpson, It, T. Blanton, C. W, Rill, F. X, Wharton, J. W. Mercer, R. G. Dooley, C. A. Gautier, S. B. Dean, (, 0, Bolles, B. B. Tatum, i . W. Parise, 4. A. MoDona►ld, G. L. Chandler I. B. Rough, C. J. Rose, Loved by T. 0. Romfh, seconded by J. A. Conrad that the petition be received, spread upon, the minutes ant placed in file. lotion oe.rried. .Counoilman Romfh stated that unless the widow is well provided for, he favord oontinuing the monthly salary indefinitely and would see to it, so long; as he is e. member of the council, that the amount is paid. Councilman Conrad stated that the full amount should be paid. Councilmen Ralston, Filer, Ziefty and Lrfert expressed themselves as being decidedly in favor of paying the full amount of the month.4 salary. Moved by C. Yefty, seconded by h. i:. Ralston, teat the City of Miami pay all funeral expenses of L;r. Riblet, including the transportation of the remains and return transportation of the funeral party to Fort Pierce. Motion carried. ' Councilman Ralston stated that several awards had been offered by Banks, the State and others for the capture of the Ashleys and moved, seconded by C. /lefty, that the Col aitteecaan on Police and the City Attorney be named as a ooaj ittee to investigate and endeavor to oolleot any awards offered for the benefit of :drs. Riblet. Lotion oarried. NI,ARI rc OF C O iPLAIM OF PRUPLFi ( 0W:?TRS STRUT LapROVT: 1NTs The Chairman announced that advertisa..enta had been posted notifying property owners that oomplainta would oe heard, if any one so desired, against the assessments about to be maae agalnat abutting property and instructed the olerk to read the notices, as followa: iotioe of the,00aepletion of the oonstruoting of six inoh house sewer oonneotions along 9th Street from Abenue L to South River Street. The cost is $4.20 per fifty foot lot,- are there any complaints as to the cost of the work, the manner in whioh the work was done or to the improvement? There were no complaints. ioti,.e of completion of laying, oonatruoting and installing an eight inoh sewer along 9th Street from Avenue L to South River Street, approximate dlstanoe 490 feet. The oost is 413.64 per fifty foot lot, are there any complaints as to the post, to the manner in w.ioh tlie.•ork w,.a .►one or to the improvement? There wero no complaints. +oe of completion of grayling and paving with iniw i Rock to a width of 16 ft. Orange treet from Jones St. to Avenue L, approximate alatunce 392 feet. The cost is $57,19 er 126 foot lot,- are there any complaints as to the cost of the work, the manner in soh tiie work was done or to the improvement? There wero no complaints. Ziotioe of completion of grain anti paving Jones Street with Miami Rook to e. width of 16 ft. frow the center of Ftickmers to the center of Wood Street, approximate distance 660 ft. Tie cot per fifty foot lot is t22.36,- are there any complaints as to the Cost of the work, to the mtn er ir.waioh the work was done or to the improvement? There were no complaints. Ilotioe of the completion of conorete curb and gutter along Avenue D-riiaai Avenue tom the south line of 20th Street to Broadway, approximate distance A430 feet. The cost per fifty foot lot is $19.67,- are there any complaints as to the cost of the work, to the wanner in wt;ich the work was done or to the improvement; There were no complaints. 1 • 1 a i t Betio* Of completlWa of ixsading and paiiinit Vith }� liquid asphalt !wade B, to the: st tsos of A*. ' .t* 20th Street to the center line of Broadway, .. arereWimate The cost per fifty #cot lot is $110.79 for tie. 47 .ft. pat,,#�d .e.fl4 lot on the 3lft paving. Are there any complaint* +far to the 'Otoet manner in which the work was done Or to the iJ prbYe*ent4 Attorney G. I. MoOaekill, repreeenting firs. Mary Sriehell entere4 the $o].l, protest: I appear in behalf of sirs. arickell eaad. a ie deairea• to interpose an. oblastiol' `tO t cost of this improvement for various reasons! First, beoeuse. tt►e.1`s.sessmerit rr 4 muoh greater than the contract price, possibly $2200. or 0000., 0,t: a to I havlk.:fl been able to obtain, aooura►teZ , but I undor`itaand the eXeess. nest OV*r the ioeltrs►p will aggregate Something over t3,000. I believe the apa.oifioations 4a _. for resurf. with rook of such nature as asphalt may be aaplieebut for ,stm r�ba*`ate the str*s4s not left in that condition and it was necessary to screen therook $ or4er to re4 Oe .i. in size and this screening was provided for, 1 believe, at .teat .rate± t 45# per :oubiti': yard and that additional cost was 'not ' advertised. The propertty Olmair hats a. right tai: have notice of what will be done, advertisements to give botsoe cif Material to be dense give an idea of what will be done so they ,may offer objection before the work is done, if they ai ee fit, and in this oase the oontract was let without any apeoificatione ae. to this screening and this 45, per yard, as I underetsnd it, has amounted to about $6SO perhaps more than that. At any rate, this screening is extra, work not oalied,for in the specifications but provided for after the contract was let and no notice given, no k advertisement, to the property owners prior to letting the contract. Another feature is this asphalt. The contract provides for a certain prioe for spreading the. shphalt, for which bias were received, at the rate of 230 per yard and 1 am told that this 25, isti` a very high price and a very liberal price to be paid even furnishing and spreading the asphalt; and in this oase the contractors understood the contract differently from what the city did Lulu required the city to provide this asphalt, anu the property owners he no notice that this asphalt was to be bought, and no bias were advertised ands, it was not let to the lowest and beet bidder, and was let without advertisement and noti.ge to the property owners and therefore that much of the contract is void, as to that much of the assessment. It is unjust to them to know nothing until the work is done end then be called upon to pay the lien. In fact it may be sa.ici that this whole assessment is vitiated by these two erroneous doings that have Borne into the work and it is possible t courts woulc: set aside the whole assess:.aent as there is no way to determine how much of the work is above the contract price. The council, as I fins by the records, has not authorized by resolution or oraina.noe the purchase of the asphalt , nor has it authorized the screening, so the assessment would go beyond the authorization of the city oouncil and, perhaps, for that reason, the city would not be rey:ired to pay for it and at leas the property owners would not be required to pay it. We have not been able to a„ourateiy obtain the figures showing the exact excess, but none of it is provided for by resolution of the city counoil and :hone of it is provided for by a aivertiseuent or competitive bids, and the property ownara era t a disadvantage. The client I represent owns about one half the lots and if the other owners understood the situation they would no doubt enter a protest. We etek the consideration of ounoil in .:.eau :otter and desire toe protest against the assessment of the lien in its full amount. City Attorney Rose: Are you protesting ejecifioal_y against the 450 for the screening cf the rook and the cost cf the liquid asphalt, or are you protesting against the whole assessment and if you are we v.ouid like to know on what grounds. Attorney :icOaskill: Protesting against the v+hole atssesszr,ent fox the reason tnat the notioe to the property owners does not cover what materials were to be used and because they had no notice of the extra cost, and apeoifioally against the 450 for rook screening and against the antra coat, whatever it way be, for the purchase of the asphalt. Our notice was that this contract would be let for a certain price for spreading the street with asphalt an. the city purchased outside of that contract price. We know the city, by some offioer, has purchased asphalt outside of the contract and we protest specifically against that oharge and against the 450 per cubic yard for soreen- ing, t•hioh is not provided for in the aavertiseaent, oontract or specifications. City Attorney Rose: You don't make any objection as to the assessment sc far as the actual contract price is oonoerned, but simply to those extras,- the purchase of the asphal, and the cost of the screenings? A _orney ::oCaskill: We maintain our objection to the whole assessment. City Attorney: Please state your grounds for the objection? Attorney :uoCaskill: Becaxuse the a4vertiseiaent aoea not specifp the ai,aterials to be used . aans the s. eoifioations do not show the materials to be used. City Attorney: I am speaking about the contract price. Attorney ac Caaskill: The advertisement is not suffioient and because the whole contract is vitiratea by entering into an extra contract for screening aana treating the street with liquid asphalt. City Attorney: The objection, so far as the ,oat of the asphalt and the cost of the screening, is well founded, ;XI my judgment. So far as the assessment over and above the contract price, I do not think there is.any ground for it at all anu do not think tie city oan ],,ay the assessment against the property fora sure greater than the contract price. The courts are unanimous, so far as the balance is concerned, that partial vitiation does not affect the balance. Objection has been filed against the excess cost, and a general objection to the whole assessment but, in my judgment, there is nothing in the general objection, but the objeotion to the cost of the asphalt and ta the screening of the rook is well funded and I do not believe the city eat lay the lien. a There is no protest against the work or the character of tie work that I have . heard. 400 Y�. otne t (die n) street cola 00 et: 'Obey -dram..; . 3 ottan. carried,... PAY ROLLS The clerk rend the city pay roils, mine of each OmplOyee and the alOant earned,, for the Month of May, 1915. Moved by L. C. Romfb, seconded by C. Meaty that the payr011t be approVed and said. Motto& carried. :loved by E. C. Rpmfh, seoonded by I. G. Ralston, that ',Plain Clothes* officer Wm. 5111otti be dropped from the foroe, effective June 4, 1916. Motion oarr.ed. i. RESOLUTIONS STREET IMPROVEMENTS GRADING, PAVING & sons 9 Couhoilman J. A. Conrad introduced tine following resolutions: RESOLUTION NO. T-534 Calstruotion of concrete ourb and Sutter along Avenue D-Miami Avenue from the south line, of 20th Street to Broadway, approximate distance 5430 feet. Work accepted by the oity • council. RESOLUTION NO. G-534 Approving and confirming the cost of the above improvement and directing the oity clerk to remake collection of the assessments in accordance with the final assessment roll. (Roll to clerk :tune 9,1916) RVOLU T ION NO. 646-F Grading and pavir. g G:ance Street with Uia i Rook, from Jones St. to Avenue D, to a width of 16 ft. approximate distance 392 feet. Work accepted by the city council. RESOLUTION NO. 646-G Approving: ant', confirming the cost of above improvement and directing the city clerk to male collection of assessments in ae.:ord.ue with the final asseasmxent roll. Roll to clerk June :.,1915) oved by C. F. Filer, seconded by C. hefty that Resolutions Nos, F-534 and G-534, 846-T' and 646 be adopted. a$ rea.x. oh roll all all voted yes. RT"OLU T IG3; NO. 850-F Construction of concrete sidewalks, District No. 2, under contract between the City and the Biscayne Construction Company, authorized by Resolution No. 650, February 4,1915. '%ork accepted by the city council. RESOLUTION `::O . 650-G Approving and confirming the cost of above improvement and directing the city clerk to make collection of assessments in ac,.ordrnee with the final e.ssesament roll. (holi to clerk Jane 9,1915) hovel by C. F. Filer, seconded by Hefty that Resolutions Nos. 650-F and 650-G be adopt -ed. 0n roll call all voted yea. RESOLUTION NO. 645-F urafing and paving Jones St with .4amui rook from the oenter of hick::.ers to tilt; center of .cos St.. r width of 16 ft. .approximate distance 860 ft. Work accepted by the city counil. RESOLUTION NO. 645-G Approvin; and oonfir:iinz the coat of above improvement and directing the city clerk to make eol:.ection ofassessrents in accordance with the final assesclent roll. (holl to clerk June 9,1915 ) :loved by C. F. File, seconded by C. Hefty that Resolutions Nos. 645-'r and 645-d be adopts . On roll call all voted yes. RE OLUTION NO. 663-F Laying, constructing; awls installing along 9th St. from Avenue L to South River St. an eight inch terra cotta sewer, approximate distanoe 490 ft. Mork ao.opted by the city ooun411. RESOLUTION NO. 663-G 'Approving and oonfirming the cost of above improvement and directing the clerk to make oolleotion of assessments in ao ordrinoe with the final assessment roll. (Roll to clerk •June 9, 1915) Moved by C. F. filer, seconded by C. ?lefty that Resolutions Iios. 663-F and 663-G be a4opto4. , on roll o ,ll all voted yes. 1 r • irSEVEINEMIEM • EOlstruoi404 0 South diver et 44104r, 004040440b. ork 14000040 Ur thie faits► l:PAM*; RJ$4LUTION sq.0604 Approving and oonf irming the post of above improvement 43144&r* t make collection of assessments in accordance with the 1ina3. 4444I1 clerk June 9,1910 ,Moved by C. F. filer, seconded by C. Hefty that 1 esolut l ns F-864 and 0.664 be 401.4ptied 44 read. On roll call all voted yes. t Chairman irfert advised council the following Improvement Ordinances were up for-th and final reading: Moved by J. A. Conrad, seconded by C. hefty, that the ordinances be given third_d -. fi:ial reading and read in full. :lotion carried. The ordinances were ;dad in full: OFtLINANC1 NO. 8I-24 Providing for the payment in annual instalments of assessments of 42$ and over made fo the pay:ent of the cost of oonstruotion of oonorete curb and gutter along 10th Street from Avenue 0 to North liver Street, approximate distance 1860 feet. ORi)IAIANCL A.O. SI-25 Providing for the payment in annual instalments of assessments of 425. and over made for the payment of the coat of improvement of Fifth Street by grading and paving with Miami Rock from Avenue J to Avenue L, to a width of 18 ft. approximate diatanop 1222 ft. OF t Ii;ANCI SI-28 PROVILI::G FOE=. TFA PAY:.IITT IN AN1UAL I! STALMU TS OF A`FSrSS>'Mi:-1'TS OF t25. A:it oVir. Liri FOR' E1 rAY::ir'T 1^ 7 ;+.-iT OF I:.:Pr.oVI,:= OF Anna F BY GRADING Al': PAVING %ITN: 1.:IiMI ROCK from 18th to 20th Street to a width of 16 ft. approximate uistanoe 700 feet. O LI:'AT C.i I.O. 31-27 Providing fcr he payment in annual instalments of assessments of ti25. and over made for? the ray:..er_t of the coat of improvement of Grading and paving with Miami Book to a width of 16 ft. Avenue K from 3rd Street to 5th Stret, approximate distance 700 feet. oli7II:A' cr SI-28 Proviain; for the payment in annual inat„ lrients of assessments of ;,25. and over Trade fore the payment of the cost of iruprovement of Twenty Fourth Street by .grading and paving from Sriokell Avenue eastwcirclly to :say Biscayne and the application thereon of Trinidad liquid asphalt grade B. ORLINAi:CT 1+0. SI-29 Providing for the payment in annual instalments of assessments of $25. and over abide for the payment of the cost of improvement of Construction of ,.omUined curb anu gutter and separate gutter along 24th Street from BrIckell Avenue eaastwhraly to Bay Biscayne. Moved by C. reft , rae•onde:i by C. F Filer that 0ruinatnces SI-24, 5I*25, 3I-26. SI-27, r.''I-28 and SI-29 be c :opted us read. On roil call all voted yea. Counoilman J. A. Conrad introduced the following improvement ordinances: OPDINANCE NO SI 30 Providing for the payment in annual instalments of assessments of t'2i and over mate for the payment of the cost of improvement of 8 in sewer on 9th St. from Avenue L to So. River St. ORDINANCE NO SI-32 Providing for the payment in annual instalments of assessments of t26 and over made for the payment of the cost of improvement of grading and paving Orange St. from Jones to Ave% D. ORDINANCE NO. 51-33 Providing for the payment in annual instalments of assessments of t25 and over mace Tor , the payment of the cost of improvement of Concrete curb and gutter along Miami -Ave. Avenue L, 20th St to Broadway. ORI'INANCF NO 3I-34 Providing for the payment in annual instalments of assessments of t36 and over made for: the payment of the coat of improvement of concrete sidewalks, District No. 2, Resolution No. 650. 3E0er by F. G. Ralston•; seconded sly C•. lefty-, that Or4.inandes. Nos. DI,40, 32, 33-and 34 -be=•giran' drat, reading and read -in •full. notion carried. The ordinanoera were read in full. it oved byC. lefty, seconded by F. C. Romfn, that Ordinances Now SI-30, 32, 33 and 34 be given second reading and read by title only. Motion carried. The ordinances were read by title only. Moved by C. lefty, seoonded by f, G. Ralston that oouncil adjourn until 7 3o P.M. :114e 7tb, .1912. notion oaarried. ej,5.ent. City co4n9 ;