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CC 1915-11-18 Minutes
A210 ..n.r..,.n..w...r.....:...w.a.«.w�,..w.wrr�..w.w,..,+u...wwiM.+. REGULAR MEETING OF COUNCIL THURSDAY NOVEMBER 18, 1915, CALLED TO OBBM CASPAR HEFTY 7 30 P.M, MEMBERS PRESENT: C. Hefty, F. G. Erfert, F. H. Wharton, H. G. Ralston, C. `. Filet, E. C. Romfh, L. T. Highleyman. PROPOSED CHANGE IN THE MANNER OF RENAMING THE STREETS OF THE CITY the clerk read a resolution from the Riverside Improvement Aseooiation, dated Nov. l6, advising that the association had approved the plan of renaming the streets of the oity as advocated by the North Miami Improvement Association, and on motion duly made and oarried the oommunioation was ordered received and filed. The clerk then read the report of the North Miami Improvement Aseooiation, dated Nov. 18, as follows: The committee appointed by the North Miami Improvement Assn. for the purpose of working out some scheme looking toward the renaming and renumbering of the•streete of Miami thus removing many duplications and other confusions arising from the present ohaotio oondition, beg to present to your honorable body the result of six monthe'' deliberation and oaretul thought along this line. Briefly, the scheme we propose is the establishment of a base line north and south and one east and west, taking Avenue D for the former and 12th St for the latter. Avenues will remain the same, but the streets are to be renamed from 12th north and south, llth Street beooming let Street North; 10th becoming 2nd St. North; 13th will become rst St. S and 14th will become 2nd St South, etc. Small and relatively unimportant streets running east and west to be designated as places, thus Wood Street, but 30 ft in width between let and 2nd Streets becomes Eleventh Street Place North, lying as it does between Eleventh and 12th Streete.North, under the new system of naming. Short streets running north and south between designated Avenues are to become courts bearing a name beginning with a letter the same as the Avenue to the east of such short street; Thus what is known now as Court Street lying east of the court house will become Dade Court North, or some similar name beginning with the letter D. A short street in idlewild Park between Avenues V and W wili become Venture Court North, or some other name beginning with the letter V. Streets will be numbered one hundred to the block east and west from Avenue D and avenues one hundred to the blook north and south from 12th Street, 25 feet being allowed for each number. It has been suggested that a suitable name for 19th St. under the new system would be Broadway. It is also suggested that the Boulevard adjacent the Bay be known as Flagler Boulevard and that Western Boulevard be changed to Tuttle Boulevard and Brickell Avenue to Briokell Boulevard; Broadway on the southside to Seminole Boulevard. Owing to two base lines the city would be divided into four quarters and a residenoe on say Seoond Street North and east of Avenue D would be known as No. 210 Second Street Northeast, if i,p the second block east of D. Weet of D and North of 12th would be North- west and south bf 12th would be known as southeast and southwest, when house numbers were being designated. The committee aseumee the recommendation which bears the approval of the North Miami improvement Association, the Buena Vista Improvement Association, the Highland Park Association, the Southsiae Asaociation anu the Riverside Association will be given earnest consideration by your honorable body, and in the event such is referred to a epeoial committee for investigation in detail, our committee would be pleased toiender any assistance in our power. The various named applied to the Courts and Drives found written on the map are merely tentative and were used only as a means of oarrying out the idea we wish to convey. ti Yours very truly, Eugene C. Stahl, Chairman" The clerk also read a oomm4nioation from the Highland Park Assn. stating that body had approved the scheme as outlined by the North Miami Association. Councilman Ralston: The people who.have been working on this have given a great deal of thought and time to the matter. There is no question but that in o..rtain parts of the .town the streets should be renamed.and i move that this important matter and the work these gentlemen have done be referred to a epeoial committee for investigation and rport back to council, and suggest that the street committeeman, sanitary committeeman and the engineer be named as that committee. The m tion was seconded by Mr. Highleyman and on roll call all voted yes. Mr. Romfh suggested that the map be presented so that council would have an opportunity to look over it. AIR DOME ON 12th STREET BWTEEN C AND D Mr. J. u. Bose, proprietor of the Airdome, presented the following latter, which was read by the clerk: tr November 15, 1915. Miami City Council, Miami, Florida. Gentlemen: ,you kindly take up the matter of the Airdome Building at your next meeting. It has now been standing idle for more thi-n a month and as you know the rent and taxes are still going on. The season is nearly here and I have been expecting to do a big paying business during that time. Thanking you for an immediate consideration of this matt I beg to remain, Yours very truly Jos. C. Boss." Mr. Boss addressed council as follows: When you took this matter up I didn't believe it was your intention to work a hardship on me. It has been more than a month and nothing has been done; I have to pay the rent and the oity is reoeiving taxes and it seems if anything is to be done it might be done immediately as well as in six months or a year. What I would like to see is that you will either (I don't approve of it beoause I put my money in there) that you tear it down and turn the ground over to me so I can make other disposition of it or that you allow me to use the property six or eight rabnthe as it is. Ae you have suggested to the Hippodrome to put on a new stationery roof, I would be pleased to do that, allowing us to run six or eight months, and ii,you want fire walls all the way round probably I will. be able to remodel it and if I have the money I assure you I will. do it and if not I will tear it down, but as the matter stands now I am at an expens0,,, have invested ray money and am getting no cod out of it at all and don't believe it your intention to,let the matter drift along, and if you oan take some aot1,04,t' 1 certainly appreciate it. e,r gular meeting of council Thursday November 18, 1915. . Ralston: What is the status of it Mr. Erfertr Mr. Erfert: If Mr. Boss complies with the building ordinanoe that settle -it, if he makes the building in aocordanoe with the rules, that is all I oan tell you. It is a matter that oame up before I was building oommitteeman. As I look at it, it is in the hands of the gen himself. Mr. Boss: About one year ago I applied for a permit and built my building and if I had bee: told at that time that a fire wall was necessary and permanent roof, I would not have done it because I didn't have the money. I got the permit, ran the place for a year and it seems it had the stamp of approval and now to ask me to build a new building when I have not the oney, it seems you are working a hardship on a business man. If you keep the plane closed othing and it is no better to -day than when it was occupied. r. Filer: I think ear. Boss saw everybody he oould see and the building inspector gave him permit. I know he came to me and made every effort to get all the information he could �Ion it at the time it was built. What the permit was I don't know or the epeolfioations (Called for prr. Romfh: What does he have to do Mr. Erfert? ;far. Erfert: 1 don't really know as I have not looked the builuing over. It was first put up i'there as a fish house. There should be a wall from the end of the McAllister building to t nd of this building. There is a great deal of traeh in rthis building and 1 oalled Mr. Boss ;attention to it and if he built a block wall there and would he agree to put a roof on now? Mr. Boss: I oan not now but will at the time ;far. Romfh: The stage is of galvanized iron and will not burn. It seems he should be require to continue the wall to the end of the building, which would not cost very much and oould ,be done in about a week. As I look at it, the building should not have been permitted in t i;firet place. He says he is not going to put the wall there and it will take ninety days ;to four months to get it out and we might let him run with the guarantee that he will put lit in shape or that he will not hold the oity liable for damages, and draw up a contract that if he did not put it in shape by April 1, 1916, he must comply with the building oode or tear it down. mr. Boss: Can't you make it June let( rar. Romfh: We can not do that. Moved _y E. C. Homfh, seconded by r the Airuome, with the builuing in 1 that time he has compiled with the let the oity tear it down and waive ;not to be openeu for business until mr. Bose: That is agreeable. . H. Wharton that Mr. J. C. Boas be allowed to operate is present condition, until April 1, 1916, provided that building code, when he must tear the building down or all rights for damages against the oity, the building such contract is signed. Motion carried. (City Attorney Rose was instructed to prepare BILLS FOR THE ENTERTAINMENT OF THE DIXIE BIGI?ITAY ASSOCIAtion. 'ine olerk read the following, letter from the Chairman of the Entertainment Committee: Florida, November 18, 191b. City Council, miami, Elorisa. uentlenen: l'he committee on entertainment for the reception of the Dixie Highway Commission in entcrtainir.g the visitore, found that the expenses ran higner than tney expected, and upon settling up the aftaire or the entertainment oommittee, we found we had a deficit of 421.48. We have made up from private eubsoription $368.b0, which leaves a deficit of 0152.98 above the 000. which the council agreed to allow for this entertainment. We would like for the council to allow the total amount cover unpaid bills which now stands at $652.98. The committee has on hand now $50.67 which they wish .o turn over to the oounoil along with the balance of the bilis which are to be paid. Tours very truly, L1xie Highway Tne bills presented by ch airman McKinnon are as follows: Committee, u. A McKinnon, Chairman." Hire of automobile anu motorcycles for pate police participating in parade, $15.00 sites. Elma Kaufmann, orchestra, Hotal Halcyon BanquetWot 26, 44.00 W. 0. W. Band, music for parade, 105.00 Cocoanut Grove Citrus Aeen. motor truck for band, 15.00 " " " " 19 boxee grapefruit anu express on same, 108.35 hotel Halcyon, rooms for the Com,nissionere, nanquet 2ne11 anu Stewart, signs, rash to tie collected., $70. 346.50 416.50 3.0 50.67 4656 18 mr. Romfh: 1 think they did very well and it came out just as 1 expected. i baileve we sigh as weie pay as they have devoted a lot of time to the matter, worked very hard and a great of good resulted and 1 move, seconded by C. F. Filer, that the bills be paid and vouohers 'drawn. Motion carrlea mr. Erfert stated that a great deal of good had been aocomplished and the Commissioners ,,given a splendid entertainment and very economically, and moved that the entertainment Iioommittee be extended a vote of thanks, which was done unamimoueiy. Leman oan do a e at contmct) deal • • w kegular meeting of council Thursday November IS, 1915, cciiiti REPORT OF DELEGATE TO ATLANTIC DEEPER WATERWAYS ASSOCIATION CSOi.'V`ENTioN,Sa,an a The cleric read the report of C. H. Ward, who attended the oonvefitiOi, Nev,. 9420419 as follows: As your delegate to the Eighth Annual Convention or the Atlantic Deeper waterways Association held at Savannah, Ga. November 9th, to lath. I beg to submit the following report. Having attended several previous conventions of this Association, and knowing the principles for which this Association stands pledges, town : An intra-oostal water-• way extenaing along the Atlantic Coast from Cape Cod to Key West, and knowing that the program would inoluae speakers of National reputation, 1 oould fully appreciate the intellectual treat in store for the delegates attending. The Atlantic Deeper Waterways Association was organized at Philadelphia in 1907 with. the Hon. J. Hampton Moore, Congressman from Pennsylvania as its first Presiaent. That the Association had the right man in the right plaoe is evidenced by his re- election at all succeeding meetings. Mr. Moore though slight of stature, is a veritable human dynamo, an eloquent speaker, with that indescribable power of winning oonverte to the principles of the Association. Its membership has steadily increased from the mere handful at its organization in 1907, unta.i it now includes nearly all the men of national reputation living along the Atlantio Seaboard States. The first meeting at Philadeipnia in 1907 was followed by Baltimore in 1908, Norfolk 1909, Providence 1910, Richmond 1911, New London 1912, Jaoksonviile 1913, New York to 'Troy 1914, ana Savannah 191b, at which place there were some 700 delegates present. The convention adjourned this year leaving the location for 1916 in the hands of the committee on Time and Place, with power to act. Boston and Trenton are strong bidders for 1916. 1 hope the 1917 oonvention will come to Miami., Leaving Miami on very short notioe, and with no instructions, I deoiaed to confine my efforts to two things; First to secure the nomination of Miami for the 1917 con- vention. Second; the reiteration of the resolution or 1913 reoommenaing the aoquiring by the Government of the Florida East Coast Canal. The first was accomplished by win- ning over the unanimous consent of the Florida delegation, followed by their instruct- ing the Florida delegate on time and place, to plane the name of Miami in nomination for 1917. In reference to the East Coast Canal project, we found Santora with two delegates working hard to secure the endorsement of the Association to a route via the St. Johns river to Santora, tnence across to 'Titusville. This would eliminate St. August- ine, Ormond, Daytona and New Smyrna. Delegates from St. Augustine and New Smyrna were on _.and vigorously opposing sucn aotion. After a oonrerenoe of the Florida delegates, it was agreed that there should be ni fight in the oonvention on this point, and that it should be left to a hearing to be oalled later by the special board of Engineers recently appointed. The substance of the Association report being the favoring of the intra-costal waterway from the St. Johns river south to Key West. Does Miami want this convention for 1917? No other oonvention could be brought here that will do Miami the amount of good that a meeting of the Atlantio Deeper Waterways Aesociation will. Think of having 700 delegates, largely Senators and Congressmen from the Atlantic Seaboard States, men who realize the importance of harbors and deep water to communities. Two years hence '.iiami will in all probability be asking Con- gress. to fuxt5ex deepen our channel, and if we can show these people personally our needs, we will accomplish much. The speech of Secretary of Commerce, Redfield was a prosperity talk, showing the enormous increase in manufactured products in the past few months, and the neoessity for cheap, barge transportation. Rear Admiral A.W.Grant, Commander, Submarine Flotilla, gave a very interesting address, "Submarinee and the Inside Passages" showing the improtant part our intra- ccstal waterways could take in the National Defense program. Finally,if .1iami reallywants this convention for 1917, she should start now. It will take a full year of hard work pulling the wirers to win the necessary approval and endorsement, and teen if she lands it, another year to get ready for it. Thanking you for t„e honor conferred upon me, 1 am Yours very truly, C. H. Ward (Signed) Miami, Florida, Nov. l5tn. 1915 Councilman Highleyman: At the last moment .1 found that I oould not make this trip and selected Mr. Ward to go in my place and believe he has done good work for Miami 1 feel teat I assumed considerable responsibility in doing as I did and I make the motion that Mr. Ward be reimbursed to the extent of $58.40 and the balance of $100. apipropriateu for this trip be turned ver to the North Miami Improvement Assn. who sent a delegate at its expense. The motion was seoonded by Councilman Filer. councilman Ralston: Just for information, J. would like to ask Mr. Highleyman by what right he selected Mr. Ward for as I remember it, the oounoil, by motion, gave the Chair- man th, right to select the delegate. Mr. Highleyman: If council does not oare to paythis I will do so myself. Ir. Wharton: From the very out,3et I didn't like thw way that thing wound up. I think the ,;harnoer of Cone erne took an advantage that they are not proud of at this time, but ina3muoh as Highleyman was selected by our 0 airman to represent the pity and he has dslegate:1 that to ;cr. Ward, I will take it for granted that it was all done in good faith an. under the circumstances feel I would have to pay Mr. Ward's expenses•of 5B O." and 1 second :ar. Highleyman'a motion that the bill be paid and move that the balafow be turned over to the North Miami Improvement Assooiation. Ir. Erfart: Ir. Wharton says the Chamber of Commeroe took undue advantage, I oan.no` xtie►` with cairn. 1 male up my mind that Ur. Highleyman was the man to represent the pit► A' the Chamber of Com:,eroe didn't take the matter up until several Jaye a'terWg d,' didn't take undue advantage of anyone. 1 RIIMAPINK 7 fegtilar meeting, Nov. 18, 1915. Mr. Highleyman: I might say that while I was away from the oity ed` the dhatnber had a meeting and I was to be seleoted by them if I oame baok in time, so it was something that was done before the North Miami Assn. took action. Mr. Wharton: I am a member of the North Miami Assn. and the Chamber of Commeroe and I maintain that the honor, if there is any, belonged to the man who worked it up and I also maintain that the stronger organization called a hasty meeting and enatohed the hdnot away; and for that reason I feel like dividing the money. Mr. Ralston: I feel that this appointive power was left absolutely with the Chairman, by vote of council and oan not see how the delegate appointed had any right to choose his suooeesor. Every cent spent out of the publicity fund, reduoes the number of band oonoerts and I am going to vote against it Mr. Romfh: I like to see rivalry but not animosity and if Mr. Highleyman took it upon hims if to ohoose the delegate, I am going to vote to pay it. The Chairman then put the potion made by Mr. Highleyman and seoonded by Mr. Wharton, that Mr. Wards expenses amounting to $58.40 be paid, and that the balanoe of the $100. be turned over to the North Miami Improvement Association, and on roll call the motion oarried. SANITARY SEWER CONSTRUCTED TO SERVE THE FLANAGAN PROPERTY AND ADJACENT PROPERTY The clerk read the following report from the city engineer dated Nov'U8,1915 I beg to report that the sewer on the alley, midway between Miami Avennue and Briok Avenue and extending south from 20th St about 400 ft. has been oompleted and is now ready for use, and I have already so advised the Board of Health. This sewer, you will reoall, was ordered as an emergency measure and was constructed at cost, plus a fixed sum. The total ooet per foot of this sewer is slightly less than fifty three cents, as compared with a price of 58 oenta recently bid for house oonneotione of the same size. Furthermore, the cost of this wcrk was slightly more than would have been the case ordinarily, sinoe it lies parallel to another small private sewer and so close to it that dynamite could not be used. In spite of this handioap, a saving of about 10% over the contract prioe is indicate Respectfully submitted, B. H. Klyce, City Engineer. Moved by H. G. Ralston, seconded by F. G. Erfert, that the report be reoeived and filed and a vote of thanks extended to the engineer. Motion oarried DAILY RE1OVAL OF TRASH AND GARBAGE IN THE BUSINESS DISTRICT. Councilman Highleyman stated that he is ready to report on this matter, it having been referred to Mr. Ralston, while Sanitary Committeeman, at meeting of October 7,1915, and by Mr. Ralston turned over to Mr. Highleyman when he was made eaniatry oommitteeman. Mr. Highleyman stated that a meeting of the Board of Health last Tuesday .t had been decided that boxes are not a menaoe to publio health and being inflammable, should apply to the street department and the Board oould see no way to look after the removal from a health standpoint. If the engineer wants to use the boxes for burning garbage that is all right, that the B of H hauls the garbage and it 18 up to the incinerator to burn it, the incinerator now being under the engineer, that the Board does not vonsider bares, shavinss, excelsior, etc. of an unsanitary nature Mr. Ralston: That stufi has always been hauled away by the Board of Health. r. Highleyman: it is not up to us now as we are not handling the inoinerator. When I took the sanitary department there was a defioit of $400. We need two new wagons and have a mule that is no good; I etart in with a deficit, under the budget we have $23,000 with an estimate of i6,000. for garbage, and with the garbage tax taken_off we are ammost helpless. Mr. Ralston: I always took the position that it would run us into the hole to try and mov that stuff daily, but there is no question but what it should be removed. I want to state that the mule anti the wagons will come out of your sanitary bond fund, which has nothing t do with your budget allowance. Romfh: The fire ohier ee44ma4veaeks that a wagon be put on and a nominal oharge made and I believe the police could see to it in making their rounds that these plaoes down town are kept cleaned up of that trash; -it might be done with a dray, under hire, and possibly self sustaining. it is important to get all these boxes and material out of the business district. I think the street department or fire department could try it by hiring a dray and the drayman make enough to pay himself. Moved by W. H. Wharton, seconded by E. C. Romfh that the matter be referred to the Fire Committeeman with power to act. Motion oarried. BILLS AGAINST THE CITY 3ILL OF S. W. AIKEN FCR TWO MONTHS WORK ASSISTING CITY TAX ASSESSO IN " 'PARING. THE ASSES RENT ROLLS $200.00 Mr. Romfh explained that in order to secure an equitable assess;i,ent of taxes, it was necessary to have the assessment rolls prepared the second time, in duplioate, and thought the oill should be paid. ;Moved by F. H. Wharton, seconded by U. F. Filer, that the bill be paid and the auditor draw a voucher in payment. Motion carried. PROTEST OF BELCHER ASPHALT PAVING COMPANY ON AWARD OF CONTRACTS TO GRADE,PAVE AND OIL CERTAIN STREETS Contracts awarded to R. B. Fickle and Freedlund Coast. Co dr. L. R. Railey, Attorney, addressed counoil as follows: Several.manths ago oouno.il took up the proposition of gra-ing and oiling oertain streets and requested the various oivie associations to determine what streets were to be treated and make their wishes) known. I think the matter was taken up by every Civio Society in Miami and a lengthy communication addressed to counoil and, if my memory serves me right, these ocmmunioatio requested that the streets not to be permanently paved be treated with asphaltic) oil, wi the same treatment Dade County had been using. Sometime ago the city adverised for bids for the treatment of theee streets and several bide were received, among which wa0.0e h 11 d o; • t A210 Regular meeting November 18, 1915, oontinued. the Beloher Asphalt Paving Co., and at the same time that dempan)t px''eeented Wa-al**J q' bid in whioh it agreed to oil these streets for some 16-►2/3 ote. giVing the oity_a guarantee of three years, and it who then suggested that the oitr 3e jeot_ the, bids. find . ask all contractors to give a guarantee. This was not done and the bid aooepted without the guarantee, and there hae been oonsiderable discussion about the position of the Beloher Asphalt Paving Co. in that matter. I represent that company here to night to. state their position before oounoil and in answer to these insinuations that have been oast upon them and that they have. been oharged with casting upon oounoil. Their posit.io is that they believe the treatment used by the County is one that has proven successful. The Beach Road is proof of this,- it has been used for praotioally three years with practically no expnse. The other contraotore who presented their bids agree to put on an oil to be furnished by the oity. .The Belcher people agreed to furnish their . own oil and stipulated that it should contain a oertain percentage of asphalt, which was heavier than the oity has been using,- that was in the alternane bid. In the other bid there was no oil stipulated. This alternane bid was not considered and nothing mentioned about it and therefore the oounoil as rl whole and the people in general have. no idea of what the bid was. Mr. Romfh: The alternate bid was read to oounoil. Mr. Railey: That bid provided for three applications of oil, one every six months, and they agreed to guarantee that road and deliver it at the end of three years from the first applioation in good oondition at a ooet of 16-3/4 oente per sq. yard, which means between $13. and $14. per lot, furnishing the oil. The other bidders do not agree to fur nieh the oil and do not agree to guarantee their streets and the people do not know how long the streets will last. It has not been tested, the oil has not been tested. The oounoil has been put to an expense of $4,000 to $6,000. oiling Miami Ave. and the property owners were sot assessed beoauee of defective work and we have no guarantee that this will not be the same; and think at the time these bids were receive and we offered to give a guarantee and a much better proposition, that the oounoil should have ooneidereri the matter and rejected the bids and asked the other contractors to guarantee their work. I have here now a petition of some 80 of the leading business men and tax payers, and 74 out of the eighty signing are among our largest tax payers. The largest individual tax payer, Mrs. Nrickell, is at the head of the list. Others are J. I. Wilson, P. Ullendorff, (Inn. Sewell, and they request the city to readvertise asking the oontraotors to furnish a guarantee on their bids, and the Beloher Paving Co is willing to enter into a bond of 500 of the oontraot prioe that their road will stand three years, and the other contractors will have the advantage of knowing what we would bid. To say we are aditating this matter because we did not get the contract is beside the question. If you will agree to4eadvortise and ask for a guarante we will not even bid. We simply take the position that the tax payers are entitled to the best for their money and to know that they getting something that will last. if the contractors to whom this work was awarded will enter into a guarantee that his road will last three years, as we have agreed to do, we are satisfied. Let him do that or offer another bid with the guarantee, or anyother contractor, and we will not ask for the work or put in a bid. It is not a selfish proposition,- the members of this company are some of the largest tax payers in town. We have had to pay some of the expense of Miami Avenue which should have been paid by the abutting property owners and you don't know but what you will have the same thing to do here. Suppose these streets are not good, are we to be asked to pay for another street that abutting property should pay ror't We do not mean to oast any reflections upon oouncil, you are business men, and ,think you overlooked the suggestions offered in our alternate bid. and that you are opera to suggestions and we desire to suggest that you do this and see that the tax payers get the beat for their money, something they know will last and something there is a guarantee behind. It is not a question of "sour -grapes". We will. not even put in a bid. ar. Romfh: The bids were properly advertised and the property owners had the required notice, Mr. Rose? ,gar. Rose: Yes, sir. Romfh: If the city had entered into a contract with the Beloher people without giving notice, would it not have constituted a private contract/ ,dr. Roose: Yea, sir. Mr. Halley: it is not the contention of the Belcher Paving Co. that the pity could have accepted its alternate bid. It was simply put in to show the oounoil What they could do. While the speoitications do not call for a guarantee, it was simply a suggestion that you could get a guarantee. If the city lid the right to rejeot all bids andask for the guarantee, that is what we suggest now; that would not have invalidated anything. We didn't expect you to accept the alternate bid and know you could not accept it. Air. Romfh: The council has made the award/ .ar. Rose: Yes, sir. Mr. Romfh: How can we violate a contract unless the contractor is willing? Mr. Rose: When you enter into a oontraot and violate it you take the oonsequenoes. :ar. Romfh: I will say this,- if the property owners had wanted a guarantee and ]sad been here - we tried to get an expression from the property owners as to what they wanted and to do as near as we could, fo. their best interests, and to permit the matter to go over now that the award has been made. The contractor is to furnish bond in the sum of 10O,, of his bid and can we now turn around and tell him "You have no oontraot." I would say that you will come very close to paying him the sum stipulated. Mr. Rose: You could not do that. When you accepted the bids the oontraot was made. The mere execution is simply the evidenoe of it. mr. Romfh: That work on Miami Avenue was done under Mr. Frederick, City Engi erer a,. the time, and the general tax payers paid it. Of course we know we have tO lay, _: t taxes the ,incorporated towns throughout the county and you will find they l► ve!any streets paved by the county, but here we pave our own streets although xwd pay b ;,; 205 of the oounty taxes. That was a poor jod under Mr. Fredeciok, but I believe you., will get good paving under Mr. Klyoe' speoifioatione. I traveled through .sev/2;t400R: ",t, states thie summer, in an automobile, and found oiled roads,many of ther0 X...:4 proper notice hau been brought up here and insisted upon ay the property, would oertainly have ooneidereri it, but I oan not see wilier; ;4. pr. Regular meeting of oounoil Thursday November 18, 1915. and compel a contractor 6o enter into a guarantee. mr. Rose: In all your oontraot6 for oonstruotion, the oontraotor is required to give bond or 100* of the price. Mr. Railey: It is not a maintenance bond and does not guarantee that the work will last. Mr. Wharton:. Is .there a member of the Belcher Paving Co. here who oan give me this information: What is the difference between the city's epeoifiotions and the Beloher speoirications7 Mr. J. F. Jaudon: The guarantee is tne difference. .fir. Wharton: What is the difteremcet r. Jaudon: We don't contend there ie any difference except the guarantee. It is an expanse. r. Wharton: There was no guarantee in your bid , it was simply in your communication and tha of a bid and oould not be so considered. I asked Mr. Klyoe and everybody else what the ifrer.nce was and I am told there is no difference between what is oalled the Belcher recifioations and that the city is to use. I am sure we have no feeling against the . either Company, that no one on the oounoil has. .'r. Jaudon: The difference was the guarantee and that being the case,. if the city engineer says the ap:ciiicatione are identical, what would be the harm in the contractor giving the aranteer r Hornfn: How would you compel him to do it? »r. Jaudon; Yee want the tax payer to get his koney's worth. We don't want to be put in the oeition or cruising you. We had confidenoe in the system we bid on and agreedto guarantee t would last three years. we believe our bid was the sane, logical bid and if it is oseible for you to reconsider and reject all bids and readvertise, we will not bid at all. 'r. Romfh: You:were not here Thursday when the award was made/ r. Jaudon: Yes, sir. sir. Romfh: We asked every contractor to make a talk. 1r. Jaudon: We were not asked. Mr. Sahiliing was here with me. air. Klyae: They were all here that afternoon, before council met, and made their remarks to :dr. . Wharton. t was .dr. Jauaon: it is unfortunate that teis occurs at this time. We talked to Mr. Wnarton and he didn't know whether tee oid could be considered. Had we been awarded our 140 bid we would have aske that tne heavier oil be used. ir. Haney: We underatanLa. the Belcher system is h..avier in oil. six. Wharton: The Beicner Co. made a straight charge of about 3¢ per yard for that guarantee. 4r. Jauaon: Tne bid was 130 without the oil ana i60 witn the oil, we furnishing ie and had w- gotten the bid at lee we would have triei to nave the oil changed. 4x. Wharton: Your bid accoraine to epecitiaatione was 130 and you make a counter proposition at 16t;0 to guanartee it. Freea..uni, of Free,l.iuna Conet. Co. Captain Jaudon says the Belcher Co. is composed of men who mean well for tne city ana 'believe it. He should bearein mind that it is composed qi' men who know nothing about paving. Of course some of them do. When we bid on these specifications the Beloher people bid on the identical specifications ana then put in a bid On their own speoit'ioations, anu if their bid at 130, according to speoifeations, had gone t arough, woula there have been any call for a change in the specifications and would the work have been any different? They put in a bid at 130 that we offer to do for 7.260 The.mode Of construction was advertised and the B lcher Co. had an opportunity to be here as tax payee's, qr as a company, r.nd at that time criticise the epeeitioations. Did tney do itt No, sir. eney were not here. They said "There is a chance and if we get 46,000. more than Freedlund we will be quiet and if not we will holier." Mr. Railey: I thine ir. Free,ilund has the wrong impression of our 130 hid. Had his bid been say, 1b¢ ana we been awarded the contract at 130, the city would have gotten a three year euarantea with taut bid. He gets it for 7.0 but does not give a guarantee ana we would have given tnut guarantee witn either bid. Freed_una: they didn't say one thing about a guarantee in their regular bid and there is no reason to assume they woula have given you a three year guarantee Jauuon: t we-:t to say to you taut we would not have taken the oontract at $6,000. more t;ts bid. We would have r.:quiree that heavy oil be used anu hat our guarantee be inoluded. .4r. Fre.:1.una: in'ey would have lost theircertitiei ohecx if they had insiated on changing t�zie speeitioations. .fix. Jauaon: We would have forfeited our check. U..airmen reity: Gentlemen, we have entered into a contract. 4r. Jauaon: I un,a_erstanl the bid has been accepted but no contract has been signed. 4r. Hose: ine contra.;u has been awar,ie.., but has not been signed. 4r. Jauaon: 1 don'L know aoout tnat, it is a legal matter ee . narton: 1 we the city engineer to tell us what the difference is between the oils; .pey use eau wnat tne city proposes to use. (a:. i.lr'co: sec one can tell. there erecifications have only WI poinl6 in them and there are hiinurece of oil©. The city, user its specifications, oan secure first olase oil and know it While tne two points uns:r whim tee county buys does not insure first olass oil Naturally l'e a people selling tilt oil to tne count; desire to see that they get results, and will •4 tcn 'R ' �Q .,. ,.•,' iin gtll.. tin A210 Regular meeting of oounoil Thursday November 18, 1915. and will undoubtedly oontonue to furnish the pame quality. tiowev`er; a Contract irk a': contract and if the city contra ted to buy oils under that one apeoifioation there are any number that oould be bought and that would not be satisfactory. 01 Course the oounty oanbuy one oar and stop if it is not good, but the oity has to buy on contract and to insure that we got the very best oil, I didn't prepare the specifications myself for the oil, but went to the best asphalt chemist in the United Staten and asked him to prepare specifications for oonditions here. This man has been here a number of times and i'3 familiar with looal conditione. The question, of oiling roads is in its infancy here but is not in a great many other parte of the United States,- California is the most aucoessful. Thie ohemist I mention is a representative of Dow and Smith, who make a specialty of the matter of preparing these specifications; we have six or eight clauses and so drawn ae to ensure the characteristics that are necessary to get good aspnaltio oil. Tne city will teat every oar of oil that Domes here. So far ae the so called system is conoerned, I believe it is generally admitted there is no difference between the two I don't claim any originality at all; it is an oil treatment that has been used for years. It is best not to use sand but that is the best material we can secure here and it is very ',heap satisfactory, so that the only difference between the two is that in one case you have an oil that oan be tested and in the otner case, should we enter into contract for our oil on the two clauses under which the oounty buys, we might get good oil and we might. Contractor R. B. Fiokle: I would like to have the opportunity of guaranteeing Mr. Freediund's work for three years at the difference in prioe. Mr. Jaudon: What assurance have we that the oity at a large will not have to pay for this work. Mr. Ralston: You have the aesurance that the work will be done under Mr. Klyoe instead of rdr. Frederick. A paper guarantee will not hold up a road and the guarantee we have is good engineering, good material and good workmanship, and I believe we will get all three (Applause) ASSESSMENTS FOR CURB ALONG BOULF"ARD COMPLAINT OF R. ASHBY Mi. Ashby stated that he had received an assessment notioe for paving on the Boulevard and found that he is paying for curb on the other side of the street; that hie curb was in place and the curb on the other side was not but he is assessed with one half the cost of the curb on the other side and asked that he be relieved of it. Engineer Klyce explained that under the charter, the city at large pays for the cost of intersections and the balance of the oost of street improvements is paid by abutting property according to foot frontage; that if one sine of a street has the curb in place the gutter only is constructed and under that provision mr. Ashby is paying one half the cost of the curb and gutter, although his curb was in; that the matter had been referred to Caldwell, Massiich & Reed who had ruled that the assessmente could be made in no otner way than on a basis of frontage; that while he did not think it right, yet the charter so provided and in this instance oompelled-4e a payment of something like 47.00 per lot. city Attorney Rose: There is no legal remedy because the whole cost, except intersections is to be divided according to foot frontage of abutting property. ,dr. Wharton: I think a man should have crealt for the improvements he has but perhaps we oan not arrange the assessment difCerently; however, under the ciroumstances, 1 think tt.e ce ty abcz.L:a pay for that rrt of tie improvement be has made and that all 4ould be treated in the same way. govea by E. C. Romih, seconded by F. G. Erfert, that the Engineer report to council an estimate of the lots that have been assessed in that manner,- lots where the curbs are already ir.. ;lotion carried. The Engineer atated that this would amount to something like 8800 or 3000 feet. costing approximately $900. PAVING OF AVE UE L Mr. F. S. Davis agaiin asked about the improvement of Avenue L or Prout Avenue, from Johnson Street to Aliapattan road; that he had notioed seven,.' streets advertised, some in that vicinity. ar. Romi'n: That should be attended to. Engineer Klyce: There is no way to get that in unless we should postpone the receipt of bide, but it can be advertised separately as soon as I oan get the plans prepared. Moved by E. C. Romih, seconded by H. U. Ralston, that the engineer prepare the necessary piano for the improvement of Avenue L from Johnson Street to Allapattah road. motion oa.rriee. Mr. Klyce: A contract for this work was let to Mr. Freeaiund sometime ago but the lines were not properly shown but I will get them before the work is started. Mr. Freedluna: 1 have the contract but will not hold to it if you want to go ahead with the work. ;Yir. Klyce: if ..r. Freeu..unu will witharaw his bid I believe the property owners would be better satisfied as the original apecifioations oall for a 34 ft road and curb and gutter ane some sewer work. :4r. Davis: Every property owner is willing to etand for oiling the road 18 ft wide. movea by e. u. Hals_on, seconded by F. G. Erfert, that kr. Freedlund's withdraw' from the contract be accepte... ;lotion oarriea. dr. bree.lund: ehen the city pays me for the work I have done I will withdraw. REQUEST FOR REFUND OF FINES ASSESSED FOR SELLING LIQUOR WITHOUT LICENSE PREVIOUS TO THE PASCAGE OF AN ORDINANCE BY THE CITY COUNCIL PROHIBITING THE SALE OF LIQUOR. Attorney h. h. Taylor ad..ressea council stating that aP bovember 44 1913, 04, il3; ...u.s..* ..r...—•n..wM�.rrw....U..r.r r.rM1.r+wrw..�.w.urMq.w.ww...ntw�+'•w+v lerea- MIME TIBER ti Regular meeting of oounoil `hursday November 18, 1915 judge fined a man by name J. W. Jackson, $25. on November llth another man $25. on the sae= a man by name Thompson and on the same day Be Mi ller $100. and on January and, another man $75. all for selling liquor; that he would not ask for the $100. but did ask that the records be verified and that a warrant be drawn in refund, the total amounting to $190. I oame here onoe before and begged you to refund $50 assessed against a negro named,A]bert Williams and you refused and I fought it through two oourts and on out; these oases I ment are the same and I aek you to refund the fines and save oourt ousts and interest; the Willi suit oost you $22.50 The highest oourt.e have held that the munioipal judge had no author to fine these people. They all paid under this protest "$76.O0, sit down Mr. Ra.ieton: Assuming the dates to be correct, and I have no doubt they are, I think Mr. Taylors request should be granted. 1 never have thought it well for the pity to illegally lift $75 or so from a poor negro. roved by N. H. Wharton, seconded by E. C. Romfh, that the matter be referred to the city ttorney to rep rt back at next meeting with his recommendation. Motion parried. EGREGATION OF THE RACES on ty r F. S. Davis asked if the ,egragation ordinanoe had been passed ity Attorney replied that it had not, that one section showing the boundary lines, had not been ompleted and question the right of council to give it any reading with that omission, but I hen the description is oomplete the first and second readings should be given, and thought t should be read only at a regular meeting. r. Highleyman: it is an ordinance growing out of a public demand, but if it went into the ourts probably could not be enforced. r. Rose: There is an exception in this ordinance, Mr. Highleyman and a similar ordinanoe has peen upheld. by the Supreme Court of Maryland. r *r. Hignleyman: It is for the p;:r pose of creating one place inthis oity where the negro ay live but does not cover the district on the south side in regard to getting the negroee ut of there. There is one item that I have found that the negroee are making a stand and n which we are helpless in this ordinance, which refers to their vested rights. Mr. Hose: They have those rights without referenoe to the ordinance. tor. Highleyman: There is no use making a district and still leaving that district on the southside out because your aims are not oarried out. Mr. Rose: If this ordinance is passed there would not be a district on the southside because the terriory described in the ordinance is on the northeide and if the ordinance can be enforced all of the negroee would have to live in the segregated territory. Mr. Highleyman: If you can not take away their vested rights you would simply have to enforce it by public demand. There is a section over there on the southside inhabitated•by 4 good class of people, close to the negro settlement the.t sle see no way from thie ordinar.oe f getting rid•of. Approaching a city, one gets his ideas largely from first impressions and that will be the Tamiami trail out 30th Street and through this settlement. We should try to force these n.groes out of the southside, using Ku Klux methods if necessary, and *latch probably will be done, and since your ordinance is clearly not enforcible,if that.wor ng about vested rights is taken out we might have more force with that district. ;fir. Wharton: 1 understand you can not disturb existing conditions where property rights are at stake. atr. Rose: That was the prupose of the exception. {r. Wharton: Suppose there is a lot of negro houses on the white side and the negroee move to Ooloreu town , could a white man occupy those houses or a negro move into one'( war. Roee: You might stop the negro but would probably have trouble with the white man. Mr.'Wharton: If there is no vested rights? ,fir. Rose: I am skating on pretty thin ice on thie ordinance and would not like to answer th Mow. that eection is to preserve what might be called the "paper" validity of the ordinanoe n the south there is a law requiring separate coaohes on trains for white and blacks, and thin law states that in all things the accomodatione shall be equal, so that when the matte goes before the Supreme Court of the U. S., because, on paper, it says aocomod:;tions shall pe equal,- but it is well known what they are. Now upon the face of this ordinance there an exception in order, if possible to do so, to give it paper validity, so that if the o its follow the maryland ,:ourte it will probably be said that while this ordinance provides for segregation, yet it is not eose44 unconstitutional on its fade because it provides for vests tntereete which have been acquired, but if you omit that the courts will say that upon. its oe .t is unconstitutional. PURCHASE cF PROEERTY TO EFFECT THE SEGREGATION. Or. Romfh stated that he had secured prioee on the property, proposed to be purchased by th ily for the purpose of effecting the color line and submitted the offere, whioh were fead by the clerk as follows. i have aeked the attorney for what munioipal purpose the city Might purohase the property and he is getting some data on that. I would like to file these papers with the clerk. {one offers are as follows: Hector Munro asked for his property at 5th and I, $1800. Henry B. Griffin, 6000. J. R. Knowles, 6500. Mose Wilkie, 6000. Walter G. Moore, 1000 (file 48) • $18100, 4r. Ralston: While we are on the segregation ordinance, there are a number of people here eho want to talk about it, especially the north line, which you will remember we left open 4hairnian Hefty: I informed a number of people,we would not take it up to night. " rajr+v":a".iut ��Kts=dfs�$iiu.5� fife.*[AdSktk�. '� k A210 Regular meeting oit' council Thursday November 18, 1915. Sam. T. Y tang: I uwas appointed as one of a committee, of the Huana is'ta Aeon: to - before you, but atter hearing the disoussion.and statement of the Clia;t'xfan we *%11 ask that we be allowed a hearing when the ordinance comes up, and before you take final action. ORDINANCE PROHIBITING THE SALE OF NEAR BEER The city attorney asked that oounoil postpone aotion on this ordinanoe until next meeting and the clerk was instructed to hold the ordinanoe over. (Attorney Rose took the ordinanoe BIDS FOR THE CONSTRUCTION OF SIDEWALKS UNDER RESOLUTIONS 917 and 918 BIDS FOR THE CONSTRUCTION OF PUBLIC COMFORT STATIONS. Moved by F. H. Wharton, seconded by F. G. Erfert that the bids advertised to be reoeivea to night for the construction of sidewalks and publio comfort stations be opened and re..d by the clerk. Motion carries. Hon.Mayor and City Council, Miami, Fla. 11/18/15. [Miami, Fla. Gentlemen: We hereby propose to oonstruet sidewalks inoluding all out and fill, in Sidewalk Improvement Districts Nos 1 & 2, as advertised, furnishin all of the material and labor, fully complying with the plane and epeoifioations, for the sum of($1.07) One dollar and seven oente per lin ft of walk. We are enclosing our oertified check for approximately 2fo of the -amount of the bid. .Yours truly, FREEDLUND CONSTRUCTION & SUPPLY CO By i,eeter B. Manley, (Signed) Vice .Pres. Nov. .18, 1915. To the Honorable,:dayor and City Council. Fla. Gentlemen: I herewith submit you my bid for the oonstruction of side walk .[znprove.Lente "/{ 1-2 in district ,'?1-2. in accordance with the provisions of Ordinance #186. For the sum of One Dollar ana twenty four cents ($1.24) Per lin foot. Enclosed find ,heck for 2%b of this big'. Yours truly, R. B. Fickle (Signed) Miami, Fla. Nov. 18/15. Hon. City Council, City of .1.1ami Gentlemen: I hereby submitlyou my bid for oonetruoting sidewalk on 8th St and Bouiev..rd, also on Ave D from 20th St to 25th St as per your advertisement. 0 I agree to build walk as per speoifioations in offioe of City Eng, for the sum of Ninety seven and - cents per lineal foot (97.5) Enclosed find check for 2j^a of bid. Respt, F. L. De Vane (Signed) pdoved by F. H. Wharton, seconded by E. C. Ro,fh, that the bids for sidewalk oonstruotion be referred to the engineer for tabulation. Lotion carried. Phe bids for public comfort stations were Roach Bros $630 $675 • F.S.Davie, 657 715. 0 *Lr.d on motion duly male and carried the bids erre referred to the Committeeman on Buildings ORDINANCE NO. 197 - AN ORDINANCE TO AMEND SECTION 1190F THE CODE OF THE CITY OF MIA'LI,FLORDA, ADOPTED JULY 7, 1910. This ordinance was called up for third and final reading, the same being an ordinance to extend the fire limits, and Counoilman Whart$n , also Councilman Erfert, objeoted to its passage beoauee the d.etriot north of .loth St. and between the Boulevard and Avenue C, south of the Ry. spur track, is omitted;° also beoausera ..district north of the railroad to First St amd between Avenue 0 and the main line of they lay. is included, the district first mentioned containing very valuable property and tie latter district containing largely medium prioed dwelling housasWand in case destruction by fire the owners would be unable to rebuild if required to ereo fire proof buildings. Moved by E. C. Romfh, seconded by F. G. Erfert that the ordinanoe bereferred to..:a com.:.it tee Councilmen Wharton, Highleyman and Hefty for investigation axd regor>: council with recommendations. Motion carried. SIDEWALKS PET1TIUM,FOR CONSTRUCTION OF The clerk read a petition signed by John. Mcg , ,ar. Jas. H.Gilman and HenryCQnnors recp e8 Att at neetiAg of oounoil Thursday November 18, 915. • contracted along l2th St between Avenues M and N, Block 3 south, BilokollIft.Addition, tb. the two oorners have walks along the lath St. side now, but the inside-Wa1kt:'have not•. Moved by E. C. Romfh, seconded by H. G. Ralston, that the petition be reoeived and referre to the oity engineer. Motion oarried,. • This ordinanoe Moved by F. reading and Moved by H. reading and ORDIIi4NCE NO. 200 AN ORDINANCE TO PROTECT THE CITIZENS OF THE CITY 0? MIAMI FROM BEING ANNO'IED BY ITINERANT VENDORS,COLICIIORS,AND CANVASSERS AND TO PROTECT THEM FROM BEGGERS,VAGRANT$, THIEVES AND OTHER UNDESIRABLE CHARACTERS WHO GO FROM HOUSE TO HOUSE UNDER THE GUISE OF BEING ITINERANT VEIIDORS, SOLICITORS AND CANVASSERS. was ivtroduoed by oounoilman Filer. G. Erfert, seconded by H. G. Ralston, that ordinanoe No. 200 be given first read in full. motion oarried. The ordinance was read in full. G. Ralston, seconded by E. C. Romfh, that Ordinance No. 200 be given second read by title only. Motion carried. The ordinanoe was read by title only. WATER FRONT LITIGATION REQUEST OF CITY ATTORNEY ROSE THAT COUNCIL GO ON RECORD AS TO PAYMENT OF FEES AND THAT HE BE ALLOWED TO CHOOSE HIS ASSOCIATE COUNSEL,IF ANY, IN THE SUIT. Mr. Rose: In this water front puit, you passed a reeolution in February 1914 authorizin e to employ such aesouiate counsel as I thought proper. We got an opinion from Mr. W. A. B nd shortly afterwards he was retained as Chief Counsel for the F. E. C. Ry., and the matte as since been a1lomed to rest. In the meantime I have discussed the oase with various entlemen; Mr. Blount oan not be with me. After some discussion with various members of th ounoil, I stated that a fee of $3,000. for representing the oity until final determination ayavla one half cash, would be satisfactory, with an extra $2,000. if the pity wontthe bi:.i There was notobjeotion to the fee. A short time ago you authorized the oity attorney to rooeed and now the city attorney wants the council to plane the matter on a business basis e to fixing the fee and as to paying the city attorney for the servioe. If you have not the $1,500 I _ek that you authorize the mayor to execute a note for that amount, paya§le at much time as the finance committeeman thinks it oan be paid. I am willing to go ahead with the suit but want it on a business basis and am not willing to go ahead unless it is. I hall done what I could under the direction of council. The reason axtion was not taken under the (resolution, you gentlemen expressed the thought that it was not best to take action at the time. i ask you to nignt to put the matter on a basis of fixed fee and the manner of paymen dr. i-omfh: Wasn't there a letter from you and .gar. Prose that he would be associated? kdr. Rose: There was no letter. I talked to you about it and we agreed on a fee of $3,000. i.,ho I ehall employ and how you leave that to me. Mr. Highleyman: I be.ieve 1 made the last resolution, it was worded that you start the suit to fight out the aaestion of title to the Bay front and employ such counsel as you saw fit subject to the approval of council. ,Ir. Rose: I froua.i not ao•Jept the emp2oyre7t that way. 4r. Ralston: You made that resolution at first, Mr. Highleyman, but it was stated that the matter had already Peen covered by resolution. Or. 'saw dr. U r . 41r, dr. Mr. Mr. gr. 0 Highleyman: my motion was that the city attorney employ such associate counsel as he fit, subject to the approval of this council. Rose: No, sir. Highleyman: My motion was that your associate be subject to the approval of this oounoi Rose: I would not ac.;ept the employment in that way. Ralston: The motion was not in that way ,.ir. Highleyman. Rou;fn: I was under the impression that Mr. Prioe was to be associated. Rose: 1 don't want to embarrass council and if you want to do that I will•back off. Ralston: We want to see .dr. Price associated with you. Highleyman: Yea, air. Ar. Romfh: That is my understanding. naleton: I wou.a be glad to see him associated with you. Romfh: I looked the matter up and the original resolution read that you were to select ;counsel and confer with the finance committeeman. When Mr. Blount wanted so much money didn't feel that we could pay it and 1 think it was Mr. Price we finally agrreed on at 3,000. if we loat and $5,000 if we won, and 1 am simply reoommend.ing that action now. �1 r. Rose: What I meant was this, as 1 understood it, we discussed th e question and we ,(discusses :dr. Price but them was nothing definite between myself and Mr. Prioe and, so far as I know, between yourselr and .ar. Prioe. I am not reflecting on Mr. Prioe at all and don want it understood that way. r. Ralston: If council think have no•objection? Wc would like to see MO. Prioe associated with you, you would Mr. Rose: 1 am held responsible for results if you are going to pxooeed under your February reeolution. 'dr. Romfh: 1 think the reaponaibility rests with oounoil. Oar. Highleyman: Yes, sir, beoauee we are making the oontraot. (r. Rose: I don't mean to take away responsibility from oounoil. If you employ oouna�+a.tlie rests with the o 1 you o d if you rooeed ae�r pots 1 ao 4 40' ramonsibilit eoruar 914, the reoponsibiiity ror to sa i`t, of ewoymAnt • ,hen Y. ,ti 11�0)1,11 =. M k..:.a�.;�1, rM4!' 7 • 2 n �'.�It�R�'� �4 fL k .Y ' .c 4h �. . .. N r ti aL 1. a.. v ,... out, 3 Regular meeting of ootinoil, Thursday November 18, 1919.' Ir. Highleyman : As an individual, would I not have a right to employ yott and t'h •' • _ • ;; , and employ Mr. Prioe? Mr. Rose: Yes, and I would have the right to decline the"employment. Mr. Romfb: Do I understand you would decline employment if Mr. Price J.J1 assooiatedY A Mr. Rose: No, sir. It is only fair, if you aot'under your resolution of February 1914, which statee the oity attorney id to prooeed with euoh•assooiate oounsel as he thought proper. Mr. Romfh: I didn't understand it that way. I think it was left to council an to who should be employed. Mr. Highleyman: I feel the same way. Mr. Erfert: Mr. Prioe was talked of so many times that I don't see how this coynes•up Mr. Hefty: His name is not mentioned in the resolution. We engage the oity attorney and pay him a certain fee and he -Jeoures•his assistants and we look to him for results. it might be agreeable to him, if we give him a specified fee, an then he together with council make oontract for additional counsel. Mr. Erfert: Thatavould not work. mr. Romfh: I would do that if it was my private business. Mr. Erfert: I think the city attorney should be the head of that. Mr. Hefty: We pay the city attorney so much and he pays his assistants out of that! Mr. Rose: The resolution of 1914 does not fix the fee. It reads that 'the city attorney be and is directed to bring such action as he may deem proper and to employ such associate counsel as in his discretion he may think necessary." mr. Wharton: .There has been no one discussed except Mr. Price. Mr. Rose: And ,Zr. Blount and, of oouree, he is not available. iwir. Romfh and I have conferred twioe. Mr. Wharton: I thought Mr. Price was to be assooiate counsel and I thought the public generally und:rstood it anu I don't believe the public would be satisfied unless he is employed as your assooiate. Mr. Hignieyman: Assuming that resolution ie that way and since the opinion of council is we would like to have Mr. Price wont you, as a mat.,er of courtesy to oouncil, have him? Mr. Rose: I would not agree unless I am the judge of my assooiate and in saying that I have tilt highest respect for dr. Price and he is a good friend of mine. Mr. Romfh: I would not agree to that. I take the stand that this council should select. 'Ir. Rose: I say, if I am toJbe employed, the question of my assooiate must necessarily be ,Left to me. If that is not agreeable there is no harm done. No one has more respect for Mr. Price than 1 have. Ralston: To get everything in form, suppose we rescind the original resolution and than pass one instructing you and Mr. Price as associate counsel to prosecute the suit, would you have any objection? Mr. Rose: I would and if you name anyother man. You of course have that right and it is my right to decline. I don't question your methods at all but am simply asserting my right to decline it. Mr Erfert: You want to be the boss of the premises and hire whom you please. Mr. Ross: T.at is my view but 1 would not embarrass any mernoer of council and am wiilins to withdraw• Ir. Ralston: if 1 had a great big suit pending ,..nd ohme to you and said, Rose, this is important, I wish you would call in Price, would you say Ralston, I will not take your case? Mr. Hose: I might and I might not, it would depend upon oirsumstaneee. mr. Hefty: 1 would certainly like to know who the associate is to be. We. are paying out big money an.L have a ricE..t to allow, Mr. Rose: No eqch view was taken by council originally as is taken now. When the original resolution wa,s passed the authority was given to me, at my discretion and after that I employed 4ssociate counsel and no one asked me who it was. mr. Romfh: 1 know we tried to get Cooper & Cooper at first and Mr Cooper said he oou not serve. mr. Rose: :Zr,. Rand tried to get Cooper & Cooper. I don't want to embarrass you in any way and Will file the declaration to give you time to look around and if from your point of view it 1s not the right position for me to take that is all right, but I think I am right, and am perfectly willing to withdraw. I thought this fee of $3,000 was agrred upon by you and Mr. Prioe as assod sates as•a reasonable fee.(By Mr. Wharton) 4:r. Rose: Mr. Pri a came to me one day and had a oonferenoe with one.membp.-.sue' 0,914011 and mentioned the matter to me and there was a very brief oonvereation between.. we didn't go into the merits of it oneway or the* other. I don't want the imp to get out that mr. Prioe is not everything he ought to be as I have the veryt 4 regard for him. Mr. Ralston: But you refuse to assooiate with him. • Y � ` Ca; x a'`'' a� Mr. Rose: I do no ani have disclaimed that several times, mr. R- tou; you want the right to ...o'ous.. o?eA .. ;° •n...,,' `.�",,,,,,.,,,. r�"t+ `'' ,,` it lar meeting of council Thursday November 1B 1915. mr. Rose: yes, air. Mr. Anniston: Will you state to council that you will ohoose Mr.. Price? Mr. Rose: No, sir, I will not. I might ohoose counsel to morrow and might not ohodge associate counsel for three months. I don't, want to embarrass you in any way or base the matter on personal friendship at all. Mr. Ralston: I think this is a question that oan go over. Mr. Rose: I am not willing to let it go over. It has gone over for more than,a yea* and I thin:: I have the right to ask that it be put on a business basis. and if you are not let it go and get someone else. There is plenty of work to do and it oan not be done too soon. Mr. Erfert: All of us were under the impression it would be Rose and Price. mr. Romfh: I have had a great deal of satisfaotion in feeling that it was that way, i don't feel right now like saying yes or no. Mr. Ralston: 1 think it should go over until next meeting. Mr. Rose: I have started the suit for you and there has been a great deal of work done in conneotion with it in the past. You gentlemen have had twenty months sinoe that resolution was passed in which to let it lie in your minds. • Mr. Romfh: Mr. Wharton and Mr. Highleyman have only been on the council for a ooup,.e o weeks. mr. Rose: What they have not heard in the council they have heard on the outside, I don't think I am asking too much to ask oou Heil to put the mat',er on a business basis. I have no feeling about it at all. If you see fit to change or t ink your position would untenable, I have no objection, but you ought to do one thing or another, and to night. If you want to say that the fee is too hight, all right. If you want to say that my position with regard to assooiate council is one you would not agree to, that is al,L right. I have no crtitioism to offer. Mr. Wharton: You don't even say whether you will ohoose counsel or not. You might do it aii yourself. Mr. Rose. I don't. 1 mignt do it all myself. I might stipe the whole fee. kr, Romfh: I don't want to give my deoieion to night. I would hate to see him do it but he can witnaraw from the vase if he wants to. .ar. Rose: I will go on with it until you get anotner man. gar. Hignleyman: All of us wanted this started as quickly as possible and it is started. trove why do you insist on it being done to night( Mr. Roe: It has been waiting twenty months. mr. Hignieyman: :hen we can certainly wait until Monday night. nose: 1 don't think it is fair to me. I say take no exception to your action at all. to you witti art frankness that I sha21 Mr. Hi;hieyman: I made the motion thinking the old suit had been abandoned and I wanted to start anotner. 1 knew nothing about the resolution when I made the motion and in mak.ng that motion I distinctly said that you would have assistanteoounsel subjeot to the approval of this counsel. dr. Wharton: 1 am very bauiy disappointed, as 1 wanteathe city at orney and Mr. Price. la am going to insist, it there is any such thing as insisting, that Mr. Price be emplo+e d. mr. Erfert: 1 feel that way. .dr. Hinnleyman: do too. . r. Rose: I want to make the statement as positively and emphatically as I oan, that I have no objection to :ar. Price, we are good personal f:.iends, he is a good lawyer and a man whom 1 respect. moved by H. G. Re.leton, eeconded by F. H. Wharton that no action be taken until.MonSiay nignt, November 22, anu tnen definite action be taken. I think the oity attorney, as a ma: er of courtesy to us, will wart three days. motion carried. DOCK ANE HARBOi IMPNOVaeENTS SHIP CHANNEL ETC Oouncilman Raieton: I have here the proposed notice to oontractore, complete speeifioa time, form of bona to be Civen byotne contractor and all the necessary data for oounoilo to proceed to call for bide on the dock, basin and ohannel. It is ratner a lengthy document ana with permission of council I would like'another day or two to go Over the specifications with the attorney and resident engineer to make sure that noghting has been omitted anu notning added. For information of council to night, however, I will say that under true notice bias are to be received Dec. 22,191b, that the contract must be eignea in ten days and tnat work must be started not later than 30 days from Deo. 22nd, wnicn brings it up,to January 22,191a. Council may be interested in one item regaraing the tim, of completion: The specifications oall for a ohanne1,18.8 deep, and the rate of progress shaii not be less than 10% of the whole amount of work in any one month ana must be conpleted wetnin eleven montns from date of contraot. SIDEWALK CONSI'RU. ION AWARD OF CONTRACT TO F. L. DEVANE the engineer reportee construction, that of 1.07 ana H. B. Fickle teat tna• contract for 917, be awardea to r. ,t- ti.at he had tabulatea the bids received to night, for sldewaJ.1 F. L. Devene being .970 per lin. ft. Fresdlund 0onst. 00..' 4.1.ea per lin. Ft. moved by E. C. Romfh, seoondeu By 0. `: ;'"�,14 trio construction or sidewalkq authorized by resolutlone 918 an$ L. Devane at 4.97i per lin. ft. 0n roll oall all v0,aad :yW#i • Regular meeting of council Thursday •Noveidibr 18, 191b. * , , QUARTERS FOR OITY OFFIOES SO AS TO PLAOE iTHEM TOGETHER e ' rile Mayor suggested that office room in the oity hall is very limited and Mr. Tatua had offered to rent the oity ofi'ioes in tneir new building at 12tn and 0 at 618. per mo per room, Thougnt all city offices should be in the name building and on the same floor, instead of as at present, soma being in tne„ Buriine Building, some in the Real Estate dullaing,and others in the city hall. That a great deal or time could be savoy any posaib some reuuotion in roroe brougnt about. After some ilscuseion it was moved by H. 0. Ralston and seconded by F. H. Wharton that • arS la TA4ArrP..:i tta om D"3...,g�., a +,.i� w w4, ..f.«r..�.Cs .Jw..�..,; ,gation and report. Whereat', Frederiok Haberman, Um., has offered to fu iebr- ant fit out One of the operating rooms : of the new oity hospital whenevat, the same shall be ready for service, and the'people of the city, Bold the City Council itself, deeply appreciate the offer so kindly and generously made, Now, Therefore, on motion of L. T. Righlan, duly seconded and unanimously oarried, it was resolved by the City. Council that the thanks of the City of.Miami, of the City Counoil and of the Offioere of the City be, and the same are, hereby extended to Mr. Haberman for his generosity and public spirit, and that a copy of thie resolution, under the seal of the City, be forwarded to Mr. Haberman and that the same be spread upon the minutes of "the Records of eaid Oity A210 I 4t. Regular meeting of council Thursday .NQVeniber 18, 1916. QUARTERS FOR CITY OFFICES S0 AS TO PLACE ;HEM TOGETHER The iayor suggested that office room in the city hall is very limited and Mr. had offered t) rent the city offices in their new building at 12th and 0 at $18. per mo per room. Thought all city ofiices should be in the same building and on the game flolr, instead of as at present, some being in tnek, Hurqine Building, some in the Real Estate Building,and others in the oity hall. That a great deal or time could be saved anti poseib some reduction in force brought about. After some discussion it was moved by H. G. Ralston and seconded by F. H. Wharton that the matter be referreu to the Finanoe Committeaivan and Aayor for investigation and report. Motion oarri.ea. Ta ton ILLS FCR THE MONTH OF DCTORER 1915, AGAINST THE VARIOUS EEPARTMENTS OF THE CITY The clerk rear tna october bills Name Qaple Dairy Co. E. B. Douglas Co. C. H. Gautier Miami Eleo. Light & Miami Fish 0o. Miami Gas Co. Miami Ioe & Cold Miami Gas Go. Miami Laundry Miami market Palm Pharmacy John Seabold against the city, of which the following ie Hospital Deportment Amount $19.80 95.98 98.80 Power Co. 11.24 4.52 15.75 Storage Co. 54.00 1.20 49.27 44.88 70.12 10.00 Baker & Ho lme a Co. Drake Lumber Go. P. A. Henderson Railey-Mmm Hardware Co. n niln tr rr n Frank T. B' s oayne Name n n n Budge Co. Hardware Go. Chas. Neville & Co. Geo. D. Barnard & Go. Smith's Book Store n It U. S. iaort6ag8 & Trust Co. Miami Flap. Miami Ioe & Frank T. Budge Co. John T. Knight Miami Towel Supply Co. Miami Telephone Co. Magnolia Grocery Co. John Sewell & Bro. Railey-Milmm Hardware Co. It n n n II n n II W. J. Whitman American Franoe Fire Eng. Frank T. Budge Co. n n tt W. M. Burdine Sons H. R. Chase The Elec. Garage Go. Florida Furniture Co. The Gamewell Fire Alarm Tel. n n n n rr n n n Park Dept., 1.20 64.82 3.00 1.00 1.15 50 56 80 1.30 Comptroller's Office Amount $122.75 City Clerk 5.03 2.75 City Attorney' s Of2ioe $130.66 Munialpa2 Bldg., Light & Power Co. 16.92 Cold Storage Co. 82.80 Police Dept. 2.00 5.00 3.00 1.03 4.25 1.25 75 1.00 50 1p8.50 Dept. 15.00 90 1.©0 1.©0 27.20 75 21.00 Co. 32.70 12.60 • 24.80 • 14.40 21.00 54.25 3.41 2.70 16.40 1.20 9.75 2.00 10.85 3.80 10.75 90 n n n The Georgia Lumber Go. The C.H.Lyne F & Mach Co. Miami Eleo. Garage Go. Miami EMRo. Light & power n 11 n n n n n 11 n Qarl Bahia Halley -Adam Hardware n n n tt tr n n n n n It n E. A. Robinson • 4...o....bs p.... w.... omro.w...nl0..._.......M. ,M.weam...,...•.bnr.e, ..N n n n n n n Fire Co. Go. n n n n 1.05 Total $405834 R Total $122.78 7.78 $130.88 79.72 $217.28 v a list: r 1 t n John T. Knight 5.50 R. C. Peacock 16.57 n n 23.11 Smith's Book Store 1.65 Frank T. Budge Co. 3.20 G. M. Dykes 1.35 n n n 54.00 Miami Elea. Light & Power Go. 1.00 C. H. Perry 88 R. C. Pea000k 17.65 n fir n 27.50 J. W. Bracken Baker & Holmes Co. Prink W. Budge Co. tt n n n 38.00 Miami Eleo. Lir. & Power Co. If ft ft 1.35 n 40s Miami Water Co. 32.474- , * Railey-Milam Hardware Co. 1.75 JohnSerell 32.50* 41 t 16.25 11 fl 3.88 13.72 n n 24.93 LPIZT;21 Railey-Milam Hdwe. Co. 3.20 sattn. Street Dept. 2.50 15.55 50 6.75 Drake Lumber Co. 1.35 The Eleo. Garage CO. 86.42 P. A. Henderson 5.47 The K.W. Ignition Co. 1.50 The G.U. Lyon Found. & maoh Co. 1.00 n n 2.00 The Miami Telephone Co. 12.32 R. q. Peacock 109.00 72.00 Railey-i4am Hardware Co. 2.40 8.50 11 3.00 14.00 1.25 3.00 63 3bhn Se9ell 16.25 18.25 12.75 fl 16.25 27.00 Frank T. Budge Co. 7.45 15 Biscayne Hardware CO. 3.80 George A. Frees 2.60 The Eleo. Garage Co. 79.87 Gulf Refining C. 34.00 44 ft 2.50 11 11 1.10 44* Nalt4i vc-t,c,et, AmoUnt .24z, oo 'Prank T. Budge Ob. 921.00 'Wet:Myna Hardware Co. 30 Brown & Washington 12.50 The Elec. Garage Go. 84.17 Guif Refining Co. 2.00 15.76' /I 5.04' 4;. Mrs. Charles Cone W. H. Nichols . Smith's Book Store 13.39 '. , 4 4,, 1.0. 4. .- . 4.41.... 44,40, 4 ...i•-• wle 174)V. a -4.- --0-it .„ •.. -...," Frank T. dodge Co.Cemetery.Dept., 1.60 John Sewell 10.88 - Swank 2. Mutsu 4m. 2.44 .'t $12 Miami 2leo. Liet & Power Co.Lighting 705.00City n n 17.52 n n 18.34 1/ 11 n 138.60 n • n 41 n n 102.85 n n 128.40 n n 49.95 11 11 n 8.60 11 11 11 11.00 Chart* Dept. 5.10 40.00 4, 45.10 City Board of Health Miami Gas Company . 3.45 Miami. Towel Supply Co. 1.00 Miami Ioe & Cold Storage Co. . 5.00 s Railey-A.lam Hardware Co. 25 The Miami Herald 9.00 e 1118.79 ft The Florida Times -Union Street Bond Fund 29.00 ' C cif 2940, •••• • A210 li Regular Meeting of oounoti NoVehber 18; ,Moved by .Ea C. Romfh, seconded by of Ootober be passed as read and paid BILL OF FORMER MAYOR J. IN. WAt80N FOR EXPENSES COVtRING 1915 SESSION OF LEGISLATURE IN THE INTEREST OF THE CITY GRANT BY THE STATE TO THE CITY OF RIPARIAN RIGHTS ALONG THE DOC:. PROPERTY BETWEEN BAY AND SECOND STREETS. 1015, ooatinttsd. L, T. Highleynnan, that 44 ' Ida r: brith when funds are available, Motiot oe;xriia4, TRIP TO TALLAHASSEE DURING CHARTER OF MIAII AND THE THE BAY FRONT ADJACENT TO This bill was presented by the olerk attached to a letter from the First National Bank which advanced air. Watson the funds and on Motion mo f H. G. Ralston, seconded by C. F. Filer, the same was oraered paid. motion carried. CHAEITY *The Mayor mentioned the fact that a large number of beggars are in town, mentioning a woman who is paralyzed anu has two small ohildren and her husband in the ' hospital; and another woman who wants transportation for herself and daughter to Carrabelle. Jr. Erfert stated that Dr. North, city physician, could secure transportation for sick persons to Jacksonville. ;,ir. ;-aiston stated that council had heretofore left small matters of oharity to the mayor mr. Wharton asked if the city had made any arrangements to assist Paul Kennedy. the .aayor stateu that he had given Kennedy $10. during the month. BILL OF THE MIAMI WATER COMPANY FOR CHANGING THE CONNECTION OF WATER MAIN AT AVENUE B AND 14th Street, amount $233.71, bill dated September 23, 1915. This bill had been approved and voucher drawn but was sent to Street Committeeman Wharton for further investigation in connection with the city engineer, the fir chief having stated to the auditor that he, the chief, did not order the work done, and the engineer, through the street committeeman, made the following report: "Miami, Fla. Nov. 16, 1915. ;.;r. F. H. Wharton, Street Committeeman. Lear Sir: In regard to bill of the Miami Water Company for changing a connection of the water main at 14th St and Avenue B would say, that these changes were mace by the Water Company of their own volition, as I understand, as they wished to insert another valve at this location in order to further safeguard the city's water supply from the high pressure line when it was in service. I am not at all sure but that it is the business of the Water Company to take every possible precaution, at their own expense, to insure that, so far as is possible, there will be no contamination of the city's water supply. The work that was done was something that should have been done long ago, but it became doubly necessary to take this precaution sine the city has tied on its high pressure mains to the Hotel Company's pumping station, thereby culling for the use of salt water oftener than was necessary when only the Hotel C mpan used the high pressure line. Only on the gmunde that it was a health measure could the city be justified in paying for this change. Ana in that event the bill should not be charged against the street department but against the health or sanitary department. Furthermore, if this bill ,is paid, the city should at least get credit for two cast iron valve boxes which were formerly in place there and taken up and carried away, amounting to $12.67 each. It seems to me that the most the Water Co. could possibly ask of the city would be to pay one-half of the oost. Yours truly, 3.H.Klyce, City Engineer." moved by E. C. Romfh, secondeu by C. F. Filer, that the bill be declined. Motion oarrle SEWER IMPROVEMENTS HEARING COMPLAINTS ON FINAL ASSESSMENTS The olerk read the notice in regard to the assessment rolls filed by the city engineer coveringnthe following sewers: Avenue J from 4th to 7th St. 8 inch sewer, oost per fifty foot lot $20.25 Seventh St. from Avenue K to J, 8 in. sewer,cost per 50 ft. lot, Avenue K from 7th St. to Miami River, 8 in. sewer " 17.82 " 18.14 After reading the notice and advising the cost per fifty foot lot, the clerk asked if there ware any objections to the work, to the manner in which the work • was done or its toot. No one fild an objection. Couneilman.Wharton then introduces the following resolutions: RESOLUTION NO. 840-D Confirming the assessment roll and accepting the work of oonetruotion of sewer on Avenue J from 4th to 7th St. RESOLUTION NO. 841=D Confirming assessment roll and accepting the work of oonetruotion of Brewer o ;,7t, from K to J RESOLU'1'ION NO. 842-D Confirmia_ assessment roll anti 4. a • ,44 Regular meeting of oounoit Thursday November 18, 1915. 1.9 moved by E. 0 Romfh, seconded by L. T. Highleyman, that Resolutions Nos; 846-D, 8414 and 848-D be adoptea as read. On roll oail all voted yes. • • • :aioved by d. U. Ralston, seconded by F. H. Wharton, that council adjourn until Monday !!night 7 30, November 22,191. Motion carried. Attest: ij City Cleric.. Presiaent City Counoil 4 ,.....••••••••••••.•••••••••.•••••re4orowann-0••,•••••••••, 'o.r•r*.t . 4