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HomeMy WebLinkAboutCC 1916-05-18 Minutes'w4if4". ix'x�r. 7's A210 • ii REGULAR MEETING OF COUNCIL MAY 18, 1916, CALLED TO ORA] Members present; F. G. Erfert, F. H. Wharton, E. C. Romfht L. T. R gh1ey iai4. C. Hefty. Councilmen C. F. Filer and H. G. Ralston, were absent bewailed of illness. BAY FRONT APPLICATION OF MATHEW ELSER TO MAICE FILL AT FOOT OF TWELFTH STREET "Jacksonville, May 5, 1916. The Mayor, Miami, Florida. Dear Sir: Application has been received at this offioe from Mr. Mathew'Elaer for permit to extend and widen his dock at the foot of Twelfth Street. I am.inclosing herewith blue pr nt'on which has been indioated the proposed new work. Please advise if you know of any objection to the proposed construction. Very respectfully, W B. Ladue, Major, Corps of Engineers". Mr. Highleyman: Mr. Eller wants to make a sold fill out there and it seems to me it would make a dead and between the Eller Wharf and the Fair Building, and debirs, trash, etc. would oolleot and float in. It seems there should be an opening in the fill so there would be a current. South of the Fair Building and between the building and the point of land there is this condition and this past winter I saw a large dead fish that had floated up there on the shore and it created a very bad odor. He wants to make about 150 feet of solid fill which will create a long slip of dead water between the fill and the Fair Building. I am speaking from a sanitary standpoint. Moved by E. C. Romfh, seconded by L. T. Highleyman that the communication be roeived and referred to the dook committeeman for investigation and report. (Mailed to Mr. Ralston May 19,1916) Mr. Wharton: It seems to me that if the city has any authority in the matter, these fills should be made out only as far as the old line is likely to run, otherwise we will have a very uneven and unsightly water front. mr. Romfh: We can make our complaint to the War Department and in referrin: the matter to the Dock Committeeman my idea was to see about how far out the dock should ,extend and also about the opening mentioned by „ir. Highleyman. It will be quite an ad.ition to the town and a gr at deal or money spent on it and pay rolls,- we all want to see them and sug-estions might be valuable at this time. RESIG";ATION OF PAM!) LIEUTENANT OF POLICE J. D. DORMAN Hon. Parker A. Henderson, Mayor, Miar::i, Florida. Dear Sir: - "Miami, May 9, 1916. Mayor vs. J. D. Dorman Referring to above investigation. I am instructed by �4r. Dorman to advise you that on ac ount of illness in his family and the appointment by you of a worthy sucoeseor, in the position of Police Lieutenant, he desires to withdraw his application for a hearing before the City Council and resign from the Polic.. Forse. A copy of t„is letter is being sent to Hon. Casper Hefty President of the Council, and Chief of Police, W. J. Whitman, Yours truly, D. J. Heffernan, Attorney for J. L. Dorman". On motion duly ma.:e and carried, the resignation of J. D. Dorman gas accepted. APPOINTMENT LIEUT. OF POLICE W. C. SHIELDS PATROLMEN W. B. JONES AND H. L..PINDER "Miami, May 18, 1916. Hon. City Council, :Miami, Florida. I have appointed W. C. Shields Lieut. of Police succeeding J. D. Dorman, resigned; H. L. Pinder as patrolman succeeding W. C. Shields, promoted and W. B. Jones, patrolman, in place of E. N. McDade assigned to special service. and ask your confirmation. Respectfully, P. A. Henderson, Mayor". On motion duly made and carried, the appointments were confirmed. HEARING OF COMPLAINTS HIGHWAY IMPROVEMENT DISTRICTS 33 to 51 INC. AUTHORIZED BY RESOLUTIONS NOS. 1021 to 1040 (exoept 1031) PASSED AND ADOPTED APRIL 20, 1916 At 8 o'clock p.m., the clerk read the notioe, as published in the Miami Herald on April 12, 1916, of the intention of the City Council to prooeed with Highway Improve ments 33 to 51 inc. the notice being as follows: J • 1 t•t • FRANK B. SHUTTS, PRESIDENT THE OSCAR T CONKLIN. ofNCM.I M.H.O.• FRANK B. STONEMAN, VICE.PRes,DENT ,r1r1114WEI.A KO Wit T46. PUBLISHED EVERY MORNING SY ?p�,�,� Iy�.�MANKADO I tcftlYkt; rier ter alsoi Avc 'k kifititifr # i •'t,}i St. and Ath 'S ftom, ve.;.J :to 41 L, with qur n11 1.46t* `so 4t ami .Aye..:from'-`:. I" t . Ave: ... �'P �r",yvith' eurh and gttr- iBo f Ave: ,is front 7411 St. to 8th `.S 19th •it:, xt�r to #k%i, -D aft' b • tO `•Ave. .N, wl .OP ebnc$ .iFa , ; {Ce k,bwa rt eve:tgglc g' to T`er":iiiiup" tt Adev. ulmvarsl� ;varti. ,t terseeti8lj. ai'"Atte; rtiiiway rn is p, 'sha `F1 Fot j Ati•Ea9i �?ad 'ta �@ t ectif»i a a ; Firs .1 Eig atdh'tf N `;ki mot t:, #roirt:'ive Ave 1) t4 t ai via ' c,:' i8: 4',tth o liav; of April, 13x;; By order -orkthir t•s eOutiel . 9. 1 tt"„i w ..14(40 t, DA, J. M. CARMAN, sum. A TRCAa. ♦ a After reading the above notice, the olerk stated that if anyone had any complaint to make, objection to offer against any of the work being done, such objeotion or remonstrance should now be made known to the city council: Whereupon, the following written objection was filed and read by the clerk; "Miami, Florida, May 18, 1916 To the Honorable City Council, We, the undersigned owners of property abutting Miami Avenue, desire to protest against the proposed pavement of the sald.Miami Avenue, from 20th Street to 24th Street on the following grounds, to wit: 1st. The said iami Avenue now has a rock road in good oondition, which is sufficient to meet the needs of the few residents residini on that road. 2nd. 'There are but two or three other residences fronting on Miami Avenue between the streets mentioned. 3rd. Avenue "D", which joins the said Miami Avenue at 24th Street, is paved its full width and is sufficient to take care of the traffic moving in this vioinity, This protest is respectfully submitted for your consideration in deferring the. aai is rovement. Signed Mary Brickell, Chas. C. Briokell, John W. King, J. G. Crosland". ;loved by L. T. Highleyman, seconded by E. C. Romfh, that Miami Avenue from 20th to a4t4 Streets be not included in the list of highways to be paved and that the resol,ut.iOIe ordering the improvement be and they axe hereby rescinded. On roll pall e.0 :vo'e, ye2.. Councilman Wharton then introduced the following resolutions oonfirming the ,rq,..epWion* ord;:ring Highway Improvements 33 to 51 both ino. (except Miami Avenge fromivaOti 0 24th St) which were passed and adopted April 20th, 1916, and direc'G,ing the Oily a l " •1io advertise for bide for said improvements to be received by the city 001149 :14A 11",7 39 June 15, 1916: Regular meeting May 18, 1916, Resolution No. 1021-B Dist 33 Highway, 14ap Directing olerk to advertise for bids to be reoeived June 15,1916 ` Resolution No. 1022-B Dist.•33 Highway Imp, 34 Directing clerk to advertise for bids to be received"H'une 15, 1916 Resolution NO. 1023-B Dist. 35 Highway imp. 35 Directing clerk to advertise for bide to be received June 15, 1916. Resolution No. 1024-B Dist. 36 Directing Diet. 37 Directing Diet. 38 Directing Diet. 39 Directing Diet. 40 Directing Dist. 41 Directing Diet. 42 Directing Dist.43 Directing Dist. 44 Directing • Highway Imp. 36 clerk advertise for bids to be reoeived June 15, 1916. lii a�.y Imp. 37 clerk to advirtise for bide to be reoeived Rune 15p 1918. si ghway' 'Imp . 38 clerk to advertise for bids to be reoeived June 150.-:6. Resolution No. 1025-3 Resolution No. 1026-B clerk Hesoluto n No. clerk to advertise for bids to Resolution No. clerk to p Livertise for bids to Resolution No. clerk advertise for bids to be Resolution No. to advertise for pads to Hesoluion No. clerk to advertise for bids to Resolution No. clerk to advert'lee for bide (Resolution No. 1033-8,+iiirecting Avenue frot 20th to 24th St, bei of the protest filed against the Diet. 48 Directing Diet. 46 Directing clerk to adve Dist. 49 Directing, Dist. 48 Directing Dist. 49 Directing Diet. 50 Directing 102$-B be reoe- ved June 15, 1028-B, be..reoeived June 1029-B reoeived June 1030-B be redeei 1039.-8 be verti ork, ghw.ay Imp. 39 Highway Imp. 40 .1916. Highway imp. 41 6. Highway Imp. 42 1916. Highway ImP. 43 June 15, 1916. Highway" im` . 44 oeived June 15, 1916. went for mbids on improvement on Miami Highway Imp;; 44, was withdrawn in view d r eoorded on page 306) Reeolutf on Nod' 1034-B clerk to advertise fps bids to be received June lteso cation o. 1035-B iset or'bi e to be reoeived June aluti q�i No. 1036-B clerk to $dvertihe for Ands to be received June Resolution No. 1037-B clerk to advertise for bide to be reoeived Resolution No. 1038.-B . clerk to advertise for bids to be reoeived Resolution No. 1039-B clerk to advertise for bide to be reoeived Resolution No. 1040-B Highway Imp. 46 15, 1916. Highway Imp. lb, 1916. 46 Highway Imp. 44 15, 1916. Highway ImP. 48,. June 15, 1916. Highway Imp. 49 June 15, 1916. Highway Imp. 50 June 15, 1916. Diet. 51 Directing clerk to advertise for bids to be reoeived June 15, 1916. Highway Imp. 51 wr Moved by L. T. Highleyman, seconded by B. C. Ro mfh, that Resolutions Nos. 141-B to 1040-B, exoopt Nos. 1031b and 1033-B, be adopted. 0n roll oall all vote * es. f r lm Regular meeting Mdy 18, 191D. STORM SEWER IMPROVEMENTS DISTRICT NO. 9 Councilman Wharton introduced the following g resolution: RESOLUTION NO. 1047 District No. 9 Storm Sewer Imp. No.,9 121n. vitrified pipe ewer on Avenue G from let to 2nd St., 15 in vitrified pipe from 2nd to 3rd St., 18 in vitrified pipe from 3rd to 5th St. 20 in vitrified pipe from 5th to 7th St. 12 in vitrified pipe from 7th to 8th St. 12tn. vitrified pipe on 2nd 'at. from Avenue G to Florida Ave. 12in vitrified pipe on Avenue H from 7th to 8th St. 24 in vitrified pipe on Avenue J from 7th. to 8th Street. 24 in vitrified pipe on 7th St. from Avenue G to Avenue J, 24 in vitrified pipe on Eighth Street from Avenue CI to Miami River together with neoessary inlets, inlet oonneotions.and manholes. Declaring intention of counoil to proceed with improvement under Seo 26 of City Charter and directing the engineer to file pains, specifications, eto. with city clerk. Resolution No. 1047-A Diet. 9 Storm Sewer imp. No..9 Directing clerk to advertise for complaints to be heard to confirmation of Resolution No 1047 at 8 P.M., June 1, 1916. Moved by L. T. Highleyman, seconded by F. G. Erfert, that Resolutions Nos. 1047 and 104.-A be adopted. On roll call all voted yes. SUBDIVISIONS PLAT OF BLOCK 3 MARK'S SUBDIVISION Atty. R. B. Gautier, representing Mr$ Marks. I submitted the plat to Mr. Klyoe sometime ago and he had it in his office and told me it was all right with the exoeption of the dedication and the acknowledgement. I prepared the dedioation and acknowledgement and submitted it to the city attorney and got his approval on it. I had that approved dedication and acknowledgement endorsed inn the plat, signed, sealed and acknowledged and I presume that is all of it. I supposed Mr. Klyoe is satisfied with the plat as the city city attorney has passed on the form. Mr. Klyoe: This property has been in controversy and according to the olaims of some of the parties the city has only 18 ft for a street and they propose to give 32 ft addition., ,znJ this has been done in proper form, aocording to the city attorney. However, he suggests that since it is possible that in approving this change which gives the fifty foot street, there should be an endorsement on the plat that the oity does not waive any rights it may have to additional width of street and, of course , if the city has no rights the endorser_ent amtunts to nothinE either way. Mr. Wharton: This matter was up here before and while I don't like to oppose a resolution of council adopting the plat, there is a petition signed by 25 to 30 intrested in the. property abutting on the street and who have protested against the street being made less than 100 feet in width, which it was understood is the width of the street when they bought their property. Thatrpetition was referred to a committee of whiohl am a member and we promised to give them a hearing. I don't know what merits there are in the oase.and I don't see what interest the city would have except to take care of what is dedioated as a street, yet we promised these cople a hearing and they have not had it and I don't feel like voting on the resolution to adopt the plat to night. Mr. Marko addressed council stating that he bought the land and wanted to dedicate it and make a subidvision and thought he should have the privilege. Atty. Gautier: So fur as I know, the only question the city would be interested in. on the is ue preeented here would be whether or not this dedication was interfering with any of the rights of the city as to streets or highways. If you open up a hearing as to any dispute that has arisen or may arise between Mr. E. C. Stahl and his friends or Mr. Marks, then you constitute yourselves a court of law and equity to pass upon the rights of oontending parties and enter judgment upon an application for a plat. If these people have rights tc this strip of land, their place is before the oourts and not the oity counoil and I think if your city attorney will examine the records he will find the oity has no interest whatever in this land and that on the faoe of that plat, where you have an eighteen foot street, ..r. Marks is dedioating 32 feet additional, making a fifty foot street, which only runs from D to G, or two blocks. This man Stahl wants to make the widest street in town only two blocks long. As to the property owners, I own property there and I didn't buy it from Mr. Marks and for my part I would rather pay Mr. Marks his price, which nis reasonable, for the additional sixty feet in front of my two lots and have a fifty foot street in front of them than to have my two lots like they are and have a 100 feet street. As a matter of fact if this street is appropriated by the city, this little street will be 110 feet. wide. By buying the 50 feet in front of my two lots, I make four lots, whereas -.I only had, two,... four lots 105 feetdeep, two facing a 50 ft street and two facing a thirty foot street whi©h, considering the length of the street and its purpose and pres,:nt use, ia.amply wide, even the thirty feet. As to the issue between Marks and Stahl, I don't mind meeting them in the oourt house, but we don't want to to take up the time before the city 'opuao..l: when you. oan not give either side relief. Mr. Marks has sale for several of tiese.10e to property owners on the other street and it is embarrassing to him. If you don't.aooept- is plat yox, still leave him 92 feet facing an eighteen foot street. It$ these peop].e,,,;axe_::en*4*le4to a hearing before you I don't objeot, butit is siuply a waste of time and.;.mmprgy Mr. Cason: I agree with Judge Gautier that the counoil oan not eett1e parties in this matter, and the only question that occurred toY}I..p* Stahl and ;darks take this before the oo»rts and the oourts i A210 Regular meeting May 16, 1016. city would be estopped from claiming this strip. Dr. Switzer gays that Mr. Otah1 him and others lots abutting on as a 110 ft street and if ter. Stahl owns that 110;ft' street and he oan prove it, the city would be estoppel in olaiming it because it h e agreed to this plat of Mr. Marks' showing 4 60 ft street, Mr. Hefty: If the city is estopped, is not that the only way this can be settled? Why not let us adopt this plat and let these people take it to oourt? Mr. Cason: If the oity is satisfied with a 60 foot street in any event, you might as. well adopt this plat, but if you want the 110 ft street, you will have no chance to get it if you adopt this plat. I don't think it is a question that should ooze before the city council Mr. harton: The petition requests that the city condemn that 110 ft strip and make the street 110 feet wide, the property owners agreeing to pay all costs of the suit and the judgment, whatever it is. That is all the petitioners have wanted us to do and we promised them a hearing and I feel lake treating them fairly. Mr. Gautier: The city attorney suggests that an endorsement be put on the plat to the effect that the city waives none of its rights, if it has any. I can not agree to that for the reason that it would probably affeot Mr. Marks' title; moreover, the city, under those circuanstanoes, would be aocepting our 32 feet and reserving the right to oocupy all the relit of it, which is not exactly equitable. The city attorney also suggests that Mr. Stahl dedicated this 110 ft. but as a matter of fact he never filed a plat showing the 110 ft street, as he never had anything to plat,- he only had ten lots which were in Johnnie Marks' subdivision. He had nothing to plat. He had no olaim on this land. He tried to buy it after he told these people it was a street in order to get their money. Mr. Wharton: That is a strip lying there sixteen years or over and everybody thought it was a street, and no taxes paid on it. Mr. Gautier: Marks didn't think it was a street when he made his plat of the ten acres. This is an exact copy of the plat. They never presumed it was a street until Stahl represented to them it was in order to induce them to buy these lots. Stahl got a oopy of an unoffioial plat showing a 100 ft street through there. ,Mr. Erfert: It seems complicated. I am like Judge Gautier,- we oan't settle it. If Mr. Klyce will approve the plat, lets adopt it and let Mr. Stahl and Mr. Marks fight it out in court. Mr. Stahl never had the land and I understand Mr. Marks has a deed to it. Mr. Wharton: The petitioners want us to condemn it for street purposes. Mr. Gautier: If you want to buy it we will sell it to you without a condemnation suit. Mr. Erfert: What is Mr. Klyoe's recommendationaas to the plat? :r. Cason: He recom.:.enied that an endorsement be made that the city does not waive any rights to any streets that are there now. Mr. Romfh: Have you looked into the title? Mr. Cason: No, sir. The committee has never met to hear the oase. I have heard both side of it at different times but never went into the title. �r. Gautier: I oan't agree with the oity attorney on his proposition at law. That involy the question of closing a street. :r. Cason: That plat shows one half of the street is closed. Mr. Gautier: I don't understand that this provisionfbr the approval of plats by the city was to bind the city, but simply to supervise the charaoter of the plats. We are willing to donate the rock that Mr. Stahl put on this strip Mr. Highleyman: What objection have you to the city reserving its rights if it has any? Mr. Gautier: I don't object to you reserving the rights on a separate instrument but don't want it on the face of that plat. Mr. Wharton: It would have the same effect if both were recorded. .r. Gautier: No, air, because this is a dedication by Marks and his wife and anything on there is in the nature of a contract. In putting it on that plat we accept the conditions - if on someh ing else we don't aeuept them. ;.:r. Cason: I think it woulu be all right for the oity to ac,:ept it on another instrument. Mr. Romfh: I think the attorney should look into this title. He says he has not done so an, the committee wants a little further time to report. I oan only say that so far as condemning; some land out there for a 110 foot street, two blocks long an4 out in the woods,, is out of the question,- there are a great many other points where the opening of streets is necessary. All that land out there has been aoerage until a short time ago and has been since the town was started. If the committee wants further time to hear these people, I have no objection. If we want to widen streets, there are several main thorofares that need it without going into the woods. ;the If the people are willing to pay for widening the street, let them buy the land. What did they want to mix the city\ up in it at all for? The land is for sale. I objeot to the city council being made any part of a real estate scheme, and a fifty foot street out there would satisfy all needs for a hundred years. This is in the hands of a oommittee and I for one have no desire to take it away from them until they have further time to report and the attorney should look into it,- the title, and say whether we have or have not rights in the matter. Moved by E. C. Romfh, seconded by L. T. Highleyman, that the committee be given further time and that the attorney investigate the title and submit report at the first regular meeting in June. Motion carried. .;. Regilar meeting May 18, 1916. STREET IMPROVEMENTS GRADING OF STREETS BETWEEN SIXTEENTH AND BROADWAY AVENUES F & J "Miami, April 27, 1916. • To the City Counoil. We the undersigned respectfully petition the oity oounoil that when they improve the streets lying between Sixteenth and Broadway, and Avenues F and J, that they be cut an average of two feet in depth. As paving material is becoming valuable, and the streets are oity property, the su material can be used to improve any other streets as the demands require. We simply ask that the streets above cited to be improved oonseoutively and systematically. That the out be mane the full width of the street, including the side- walks, and that they be left at grade. This oan be done as the demand for paving material is required in other parts of the oity, providing that the nutting be made continuous fro street to street. Signed by Chas. Poore and about 30 others". Mr. Poore was present and stated that the improvements are not asked for any particular time, but that it is asked the outs be made to a uniform depth of two feet to correspond with the proper grades. 0n motion duly made and oarried the petition was referred to the oity engineer and stree oomaitteeman, DEFINING BUSINESS DISTRICTS OF THE CITY PETITION TO DECLARE AVENUE G A BUSINESS STREET FROM FIRST STREET TO TWENTIETH STREET "Miami, Florida, May 18, 1916. We the undersigned citizens and property owners residing on and in the vicinity of Avenu do earnestly petition the Honorable .Mayor and the City Councaa of the City of Miami, Fla to de.:lare Avenue G of Miami, Florida, a business street. Signed by Albert .durrie and about fifty others. A repreeentative of the petitioners asked that action be taken as soon as possible.. Ir. Highleye.,an: This ie a case where ar. Timers wants to build a store on .the corner of 19th St and ..venue G. He came to see me and 1 told him if ke went to the building conaiseioner he might be allowed to do it, as it was an unwritten law that when a man wanted to build a business house on a corner we didn't hold him, but it seems there ha been a decision defining: the business and residents 1 districts. I think the verdi-rarioe little too strict for a town of this kind that is continually growing and there is no question but what that street will have business on it, especially when tho•briage.is built; and all the people I have talked to seem to be in faver of allowing the stores to be built. 1 think if council has the power, we ought to declare Avenue G a business str up to a oertain point, say to 20th Street. Mr. Wharton: I think we are all satisfied the ordinance should be amended. It was. referred to a corae.ittee, of winch I am a member, to investigate and define the districts but we have not done so. If we are to operate strictly according to law we will atop se large hotels and partments, and ao far as I am concerned, no improvement should be held up. I think it is the sense of council that t#e ordinance is inoperative as it is and I think it should be changed. It is a hard matter to define the residence and business districts in Miami,- the 'business district is about from 20th to Waddell and the River t Bay ,,.r. Romfh: I think the ordinance should be changed. The committee should report. We don' want to atop a man from going ahead with his store or any of the others. I r. Erfert: I t ink we should grant a permit in this case. The ordinance was passed in 1910 and we have out`:rown that. .•;r. Romfh: The inspector is richt in refusing the permit in view of the ordinance and unti.L it is changed, but tae committee should bring in its report and not forget the ordinance until there is another request to violate it. :Moved by Hi hleyman, se.;on.Ld by Erfe . t that it is the sense of council that this build be allowed to Eo up on the lot line. .Lotion carried. HUMANE SOCIETY REQUFST TO CONFEF POLICE POWER ON MEMBERS ,era. :fleyers, president of the Dade County Humane Society, addressed council and asked that the members of the society be Liven police power to make arrests for cruelty to animals; that the society is without funds and several members will serve without pay. lr. Romfh: I think if the ladies will go to the Mayor he will swear in several members of the society, who are qualified electors, and their names can be oertified to oounoil. On motion duly made and oarried the matter was referred to the mayor with power to act. NEW CITY HOSPITAL LOCATION GLEANING flrh RUBBISH Fe0M THE SITE ETO. Dr. Jackson, president board of health: Last Thursday the Board of Health and Mr. John Sewell visited the site of the new hospital and we carve to the oonolusion that the portion of the tract owned by the city and now used as a dump ground is a little higher and would be more eaeily cleaned off than the other part of the land; and I also found a state law which prohibite the maintenance of a duup ground in the oity limits. The d ground has been abandoned. This proposed ohange in location meets with the approval of the Dade County ;dedical Society. Our idea was to save as much money as possible. If we had an appropriation of about 41500. turned over to Mr. Highleyman, we feel we could put the present dump ground in better condition than the other side and in addition we have the fertilizatiwn of the soil to grow grass and beautify the property and it woul take about eight inches elf much on the other side of the property. We ask that oounoil authorize this ohange. APPROPRIATION OF 41500. FOP, ERADICATION OF MOSQUITOES Lr. Jackson: The Board of Health has tried to keep down expenses, M.. lus e era]. ould ,e . A210 r.� kr Regular meeting May 18, 1916 are not matters which oan be run by dollars and cents, or on too close margin-. The summer is now coming on and we all know that the summertime breeds mosquitoes.. Last year we had a few mosquitoes and flies. This year we are shy one inspector and we would like to begin a mosquito campaign and see me how much fewer mosquitoes we oan have this year than last, and on motion in the Board meeting Mr. Highleyman Was- requested to take up and ask for an appropriation of $1500 to be expended by the Board in the reduotion of the mosquito. We would expect to spend that in six months, or as much of it as neoessary. We ask for the $1b00 in addition to our budget for the reduction of mosquitoes. We oan not get better advertising. We should have one man assigned to that partioular work and get better results than by having different men look after the several districts of the oity. ;sir. Highleyman: this question came up sometime ago when the Board asked for $10,000. I couldn't see that ae I don't think we need that much money. A man should be in charge and he should have some negroes to. saist in cleaning up cans and sprinkling oil. It is haruly to be expected that $1500 will be spent and I make the motion that the counoil appropriate $1500 out of the general fund for this campaign, to be handled under the supervision of the Board of Health. The motion was seconded by Mr. Erfert and duly oarried. LOCATION OF HOSPITAL Mr. Highleyman: I think the east side of the dump grounds muoh more desirable than the west, Mr. Sewell told me he would take personal charge of the work. There are two ways of handling the clean up work,- one by bids and Mr. Frank Hardie, at Mr. Sewell's and Dr. Jaskeon's suggestion, was that he would handle it. I suppose the proper way would be to let it on bids, either through council or the Board of Health. The hospital must be started and we are arranging to let the bide and the grounds should be cleaned off now. ,coved by E. C. Romfh, seconded by F. G. Erfert that the Board of Health proceed to have the dump grounds cleaned off for the hospital building. Motion oarried. Mr. Romfh: I think it would be advisable to ask for bids first at least, to see what i can be done for and whether it would be to the aave.ntage of the city to do the work by day labor. UIIION LABOR COMPLAINT OF ENGINEERS LOCAL AGAINST THE BCWESR SOUTHERN DREDGING COMPANY NOT EMPLOYING UNIO!; LABOR 0:; T:-JEI DREDGES IN CITY'S HARBOR wonx Representatives of tee Engineer Local Union were present and addressed council, stating that the eepense of the harbor work willelave to be borne by the tax payers and that council has adopted a resolution to the effect that local union labor should have the work, where available. That the matter was turned over to the dock committeeman several weeks ego with power to act; they would like to know wh ther cuuncil will demand that Mr. Ralston will see that the Bowser Southern Dredging Co. employ union labor where it is required on this contract. stir. Erfert: I think these gentlemen are right,- if it waenot meant that tuffs clause shou be oarried out, why was it put in the contract. The engineers claim they oan furnish the men for the work; if not the wo:k should not be stopped. ar. Hi-hleyrnan: It is simply a question of eoo.i faith. ee entered into the contract in rood faith ane the Bowers people signed it and I believe if they wanted to they could carry out teLt part of the contract. 1 don't believe if you insist on it they will conelder abandoning the contract in any way and it seems it is up to council when it is brought to us in this way to hun J.e it without gloves. it seems we should make a d,mend on them :hey they shall employ union labor wherever it can be furnished; if the union can not furnish thy, labor it is a different proposition but if they oan they should be force.: to carry out the contract to the letter. . Union Representative: We have been asked whether we coule furnish engineers for this ;.ork and I am here to say we co lu furnish any number of engineers. Of oeurae not on minutes notice, but all the men they want to run these dredges if they will give us 24 hours notice en,.i take these men off out there and in 24 houre also. 'There.is_another question as to whether these dredges are in the city limits or not. As I understand it the city entered into a contract with the Dredging Company and if that work is done in your state you can hold them to work under that contract. If they want engineers or other union men they can get them on short notice. ..r. Erfert: Sometime ago it was said the Eredg Co. had rained men for that work and it 841 three men are not trained to do it. Can't any engineer run a dredge? Union hep. I will oerteinly say that any engineer belonging to our order oan run these drea_es i.ke they oucht to be. :.:r. Erfert: It doesn't take a specie' man to run a dredge? ...r_ion riee. Any engineer in eiami must know his business. That was just side-stepping. :.ir. Erfert: They meght get :ea -sick. Union Rep: That is only argument. They argue they have professional men. Their professiox 41 mer. are .oin-- di; -ink;. We don't want to furnish diggers but men to run these engines. Die_ere don't ..eve to have a license or belong to our local. The digger attends to his bueinesa and the engineer is another man. Some of our men went to the dock contractor and asked for a job on the pile driver being sent from Jacksonville and he was informed t .at rn n f.o::. Jc.ckeonvil_e would run the driver. Men who can run a pile driver in Miami can run one in .,ew York. 1 spoke to the foreman on the dock work and he informed me that all the men he needed was coning from Jacksonville to run the concrete mixers and pile drivers and didn't nerd engineers at all and if he employed all the engineers who made application he w.ulu have nothing else; that his men had been with him quite a while and didn't need Miami men et all. If the tax payers of Miami is to pay other men on a contract to build a city dock and them under oontract to use union labor and they use some out of Jacksonville, i would like to know what kind of a council this could be. 1 don't believe you will stand for this. These men have no business to come down here to tare bread out of our mouth and pay no taxes and work a few days and get a stake. and go oack to Jacksonville. Mr. Wharton: Have you ever made dt-mand- upon the e contractors to put Union Rep: It was .he dook oontractors we was just speak:tog Q 1 ae :be in e,y $,' (At this point the clerk read the letter of the Bowers Southern Dredging (�' :'- det date May 4, 1916, and copied on page 303 of this book) Union Rep: That letter is just beating the devil around the stump. Mr. Roberts can't wo k out there,- union engineers will not work out there so long as non -union men are out there Some of the men out there can't join our union and some have not licensee and they can't join the union. Some of them have applied for licenses When they want to put union men n the dredges all they have to do is what our business agent told them and he oan furnish them all the engineers they want. Our business agent has been to their offioe and on the dredges and talked to the men and some of them told him they would quit their job before they would join the union. '''bey don't want union men on their dredges. if the committeeman on docks will demand them to 'gut Onion men on their._ redges tomorrow night before six o'cioo, they could be out there. That communication shows they don't want to be fair. They say whenever a vacancy oo,urs. There will never be a vaoanoy. They have been working about t o months and have got about one half the money and if they keep putting it off from day to ay the channel will be done and the non residents will have the money and be gone, and I think you should insist the dock committeeman carry out their contract to the letter so f r as th..t clause is concerned. ;loved by F. H. Wharton, seconded by L. T. Highleyman that the oommitteeman of parks and docks and engineer Randolph notify the contractors on the dredge and dock work that they must comply with the requirements of their contract in regard to employing union labor. id., t ion carried. kr. Vhart.n: It is a contract they entered into with their eyes open.W4 have been under t im;.reseion and have been told that they oould not be furnished the men . That is our impression here. If you are able to furnish them the men on 24 hours notice go down there and say 'Here wearer' the committeeman on parks and docks will see that it is done. SIDEWALKS The owner of lot 11 of block 75 north appeared before counoil and stated that the space in front of his lot is advertised by the city for oonstruotion of a sidewalk, but as.he had already made a contract to have the work done and part of the grading had been-finisied he asked that it be omitted by the city in making the contract. 0n motion duly made and carried his request was granted and the city engineer instructed to omit the lot from th= contract. FRANCH ISE AMERICAN TELEPHONE A''.':.' TELEGRAPH COMPANY ORDI_'.ANCE NO. Moved by E. C. Romfh, seconded by F. H. Wharton, that 0rdinanoe No. 211 be given third an.l final reading. .loticn carried: AN ORDINANCE GRANTING R MISSION TO THE AMERICAN TE E HONE AK- TELEGRAPH COMPANY, TO CONSTRUCT OPERATE AND MA. NTAIN LINES OF TELEPHONE AND TELEGRAPH UPON, ALON3, ACROSS, OVER AND UNDER -'-'E PUBLIC ROADS, STREETS, AND HI(JHWAYS OF THE CITY OF MIAMI, FLORIDA, UNDER TERMS SPECIFIED THEREIN. The ordinance was reaa in full by the clerk. moved by L. C. Hoafh, seconded by F. H. EWharton that Ordinance No. 211 be adopted. an roll call a.i vote.: yes. w 1HE HAZARDS CULONiAL THEATRE FORMERLY AIRDOME NEXT TO BUHDINES STORE r. J. C. Boss: 1 have been in to see the city attorney as the 30 days notices served on me ran out to -day and the attorney proposes to enter suit against me to try out all :ne rest in town. I told him' saw no reason why he should put the whole thing on me when I was willing to compromise with the oounoil. He 'bought oounoil would be willing to pay me some money to take the building away and save a law suit. Ur. Cason: I ee_ieve this is the only instance where notice is served exoept dr. Campbe but ..:r. B:se was the only man given notice in aocordanoe with the ordinanoe. He said he wanted to take it up with counoil to see if a compromise could be effected as he didn't want to gu to the expense of a law suit, as he states he put up his building in goon faith alter securing a permit. The building inspector is authorized to-reove the building on orders from the mayor. r. Erfert: Can the city go in and tear it down without incurring liability. iir. Cason: I think so..if it was put there in violation of the existing building oode. 1 have bee.. inforwed that at the time it was put there it was in violation of the oode and the permit was inproperly granted. If that is true the pity oould probably tear. it down with.ut liability. 'Al.. Boas: When I came hare as a business man and employed a licensed builder in this torn, a.n.i he applied ror and got a permit to build this plane, I don't see how I could go any further in the chatter. If you had at that time said I oould not build that building, I woulu have a -id all right, I certainly would not have done so at night, but it was said tnat I could build it and kr. Filer and Mr. McDonald ok'd it and I got a license and have done business there for a year and a half, and it seems that puts the stamp of a.;,i roval on it for a while at least. Highleyman: Diln'll you agree to take it down? .lr. Boas: I acid I would if I could make enough money to do it but oondemnation proceed= in;;s have made it impossible to do much business as the people think it is condemned oecause it is unsafe.. It will cost me about 41,000 to move it out of the fire limits I asked :ir. Cason if ha thought council would allow me $1500 for it to close it out. I Alb perfectly willing to compromise and don't want to fight the city but want to help the city. I honestly put $6800 into that plaoe, it cost me $3500 before .I walked :4ntd it. . If you wa t the building removed, instead of taking a olub and, mo0.ng, lei.,s sw ,_.y:t1::? 1, ht pay something toward it. You kept me closed for two months or a0 an instructed not to issue me a lioenaa. I last at least ,: . Q4,:, 1 s2d ti A210 0 '►t w' ink Mr. Highleyman: I heard there was a building to go up '01e14 in Junto di Jtily. Mr. Hefty: Last November you said if you were allowed to stay there until the first of April you would tear it down. Mr. Boss: If I had the money. If a hold up man had a gun in your face, would you hesitate about making him a promise? At this point extracts from the minutes were read showing that Mr. Bose had agreed to remove the building April lat, 1916. Mr. Hefty: That is a different proposition. Mr. Boss: Wouldn't you have told the oounoil anything, if you were closed up. The council wouldn't allow me to open the plaoe. SALARY OF PLUMBING INSPECTOR The clerk read letters from the Board Of Health under date May 17, 1917, and from the Plumbers Local Union, reoom.aending en increase in salary for the plumbing inspector of the oity from 4100 to 125. per month Mr. Highleyman: That was taken up by the Board of Health. They realize that Mr. Scahller is a valuable man and I don't know where we could piok up another man who could handle it. On last Tuesday at the Board meeting I looked over his work ofthat day and he had 17 calla to make. He had laid out to make 9 in the morning and 8 in the afternoon, and he had only made six up to 1245 P.M. The union asales gives wages of 30 to 35 per weak, he receives about 23. per week, or 4100 per month and I am afraid that unless he can get an increase he might quit. He didn't say so but I imagine that. The Board r recom,nended that hie salary be made $125. subjeot t, approval of oounoil. Mr. Romfh: All salaries should be fixed by ordinanoe and must come in on the budget. The several departments should make up their budgets and live up to them. You can promise tc reduce taxes, but you will have to live up to your budget. We also have applications for increases from the ;Municipal Judge, the Building Inspector, the Tax Collector and th.. Electrical Inspector wants an automobile. I urge that you take these things up when you prepare your budget and would suggest that the matter be laid over. Mr. Erfert: The service of a valuable man that you oan depend on is worth more than $100. per month. You can assure him so far as I am oono,rned that the salary will be raised. I think he should halve mor e salary and also the building inspector should have more. Mr. Highleyman: I agree entirely with Mr. Romfh. Moved by C. Romfh, seconded by F. H. Wharton, that the matter be referred to the auditor. to bring in with the budget. Motion oarried. CROSSINGS OVER F E C RY. Atty. C. D. Bowen, representing the F E C Ry. was present and stated it is the understanding that the railroad is to pave lath Street only with brick and concrete. Mr. Klyce: The F E C engineers are about ready to goto work but have been delayed on account of inability to get the rails; they intimated 12th Street is the only orossing they were exrect 7d to re.eair. The correspondence with Vice President Beokwith was rroduoed by the Auditor showing that it has been agreed that all the crossings were to be paved on concrete foundation and .Mr. Bowen had no comment to make. COLONIAL THFATRE The minutes of a previous meeting were read, wh..rein it was shown that Mr. Boss had agreed to move the building if permitted by council to operate the show house until &pril 1, 1916. 1;•ir. Erfert: It seems that Mr. Bose has violated his agreement right there. He ran his show until April 1, and then violated his pee pledge. Mr. Boas: Could you sign a contract never submitted for your signature? :r. Erfert: You agreed to sign a contract and should have insisted on it to protect your own house. Mr. Boss: I came here in the right spirit, anu as Mr. Filer has said, I saw everybody that could be seen. Do you want me to tear it down? :r. Erfert: You agre:;d to. ::r. Boss: If a hold-up man was in your plaoe you wouldn't argue with him, but he would • not be justified. Neithur is council justified in closing me up for 60 days. I applied for a license and ::;r. Moore said he had been instructed not to issue one and for 60 days I didn't do business. Suppose that wa,a you, wouldn't you agree with oounoil in order to open your business. r. Erfert: No, sir, I wouldn't do that, I would keep my word and tear it down. :ir. Boss: You would? Mo. Erfert: Yes, eir, and any other man would besides you. :dr. 3oss: No, sir, and I know one thing, you wouldn't do it, from past experience. r. Erfert: You needn't make this personal; you oan't prove anything on me. Mr. Boss: I don't want to make it personal. Mr. Filer says I did ev erything I could 4 he is right. I applied for a license to do business and oouldn't get it.4 d I came14. here and this council gave me a permit. 4,7 ee ea m 1= ,�,.: .. mL^iXtfi:F:V'i?bE.1't6e?37;.CF'M+w cns-n. .egular meeting May 18, 1018. Mr. Erfert: You think you have found out something about mei, I asked you'to Prodtibe the rermit and you , have never been able to do so . I don't think you ever had a permit. Mr. Boss: I did have it and Filer said it was issued. Mr. Erfert: The permit? Mr. B: Yes, sir. A.tty Cason: Mr. Filer said a permit was issued. Mr. Romfh: I am quite satisfied in my own mind that he did get a permit because I know Mr. McDonald and Ir. Filer looked the thing over. I don't know about the roof and eeoond story arrangement, but at the time there was some disouasion on the street as to whether it did comply with the building ordinanoe. I have sympathy for a man who comes here us this gentlenan did to night to build a store on residential property. Council has agreed to that but we could rescind that and make him move bank fifteen feet. We appoint inspeotors to protect us against fire hazards but let a man go ahead and spend his money, get a permit and then tear the building clown is not fair. I have been in hopes Mr. Boss would fix this because he agreed to, but he is out his money, 42,000 or $3,000. and that is not picked tip in the road every day. If it was in violation of the building ordinanoe he should have been stopped. We raise a great hullabaloo about moving a building that a man has spent 42,000 to 43,000 to move; if it was stopped before the building was started on the move there would have been no damage. If you start in to tear out all the buildings that are fire haards it will cost $75,000. Is it fair to issue a man a permit and let him go ahead? He is complying with the law and then we disoover he has not oomplied and order his building torn down. He certainly has a moral standing if not a legal case. - Every man know just what ordinanoes we have; in fact we were very green here the other night ourselves. I don't know personally what the building ordinance is. Now suppose it is nc changed and the MoAllister hotel has to move back 15 feet? The es* committee certainly ws bring in its recommendations for changing the ordinance. They have my sympathy regardless of it being in violation of the law. If you tear out one why not go right ahead and tear them all out,- it will cost 450,000 to 75,000. The Hippodrome was put up and at the time the question was raised that it was in violation of the ordinance and I think Mr. Erfert and Mr. McDonald stated it would comply with the ordinance, but if it does not it would c t2500 to tear it out,- and besides these people are making a living out of their business We should give it a great deal of thought before we.atart ripping things up.. There is th loss of business as well as the cost of tearing the buildings out. Mr. Wharton: I take the same position. If the inspector permitted a building to go up, whether he had a permit or not, I would not say tear it down. Our inspector is supposed t see that no building is put up in violation of the ordinance. I would not favor tearing anyone's buildin;; down after it was put up, without paying them for it. .wr. Hefty: I think :,.r.Boss has been playing in hard luck, but I was in hopes, with this agreement, we would be able to dispose of the matter. This matter of granting a permit to erect a building,- wedon't want to forget that if the inspector gives a permit and it does not comply with the law,- I don't think the man should be compelled to make the change at his own expense, but that he has redress; but it is not fair to abutting property owners to let a man erect a file hazard. Mr. Wharton: That is up to the inspector. don't t nts to ost Ds. e tax^, Hefty: The inspector can not grant anythin;; that the lsa does not authorize him to dc. Ir. Boss: I am agreeable to that. I don't want the city to get into a lawsuit of $25,000 on each side. I have to move the building somewhere; I have my money in there and I ask council to ;give me 41500. to move it. I don't think that is unfair. 4r. Romfh: The city hasn't the 41500. :ter. Highley;..an: Is it not a fact that a building is to go up there? -r. Boss: Tnat doesn't offset the fact that I was damaged. There was nearly 'sixty days, my building Nae closed for sixty days, and I have the right to ask council to help me out. i..r. Hefty: Is it a fact that a building will be erected there? ,ter. B e : Su far as I know there will be. .r, Hefty: Are you trying to pull our leg for 41500. .ter. Boas: No, air, I think I have a suit against the city for olosing me up. I notified the ' city I has been closed up and was charging the city 450 per day iLr. Romfh: I cnly want to ao what is F ,uitable. The courts are open every day. :r. Hefty: Do you think a buildin: will be put up there? -..r. Dos,: I think so. Ir. Hefty: I don't know but what we should let you operate another month and pall it square. :r. Boca: Do you think it would be square after closing me for 60 days and telling the people my place had been condemned. I don't think it fair unless you pay for that building. Mr. Cason: When you came to my office you asked me for 41500 for moving the building and now you wit 41500 for damage done about a year ago. mr. Boas: The da..age has been right along; it was been in the newspapers often. Romfh: I wouldn't say that the man who builds a building is entirely harmless, as .he otir find out what the law is. I don't ,see where oounoil is to blame. Mr. Cason: I agree with i.ir4 Romfh and I told Mr. Boss to oome here and take it up with.co but didn't think he would ask for something he suffered over a year ago. I have been instructed to have this ouilding removed as soon as the thirty days have expired. I am. being pressed by the property owners on either side. :coved by F H Wharton, seconded by E C Romfh that the city attorney be instructed to witlid= the proceedings against the Colonial Theatre. Motion carried.. oil :4r. Boss: is the Hippodrome to be allowed to stand? -r, Erfert: The Hippodrome stands by iyself and our building WOb on either aide was moved. I now what Tram t l�iY ue, G4°3 A210 Regular meeting May 18, 1916. SUMMER UNIFORMS FOR POLICE DEPARTMENT The Mayor was authorized to purohaae•two summer weight uniforms foreaoh member of the police department at a price not to exoeed $8.50 for each suit., on condition that eaoh man turn in his winter unfirom to be cleaned and repaired. Motion put by E 0 Romfh seconded by F H Wharton and carried unanimously. a CLAIM OF J H TATUM TO THE LAND ON EITHER SIDE OF THE MIAMI RIVER AT TWELFTH STREET Atty. Cason: I took this matter up with Mr. Tatum's Attorneys and they want $20,000. The property on this (east) aide of the bridge was deeded to Mr. Tatum with a reviraionary clause in the deed, that in case the property should not be used for bridge purposes the land would revert to the original owners. On the other,west side, he has a deed to the land but I rather think, from investigation, there has been suffioient use by the city to oonstitute adverse possession. I think there is too muoh doubt about it to consider a proposition involving 420,000. ar. Romfh: The oourte are open and doing business every day and we oan furnish a bond. A SALE OF $50,000. BRIDGE BONDS RESOLUTION AMENDING RESOLUTION AUTHORIZING ADVERTISEMENT OF SALE Councilman Romfh introduoed the following Rea.olu'tion: RESOLUTION NO. B-1042 BE IT RESOLVED by the city oounoil of the city of Miami, Florida: Section 1. That Section 1 of resolution No. 1042 passed and adopted May 4, 1916, be and the same is amended so as to read as follows: "Section 1. That in order to pay a part of the cost of construction of said bridges aforesaid, 425,000 of the 475,000 bonds authorized for the purpose of constructing a bride at 12th Street maturinz 45,000 annually January 1, 1931 to 1935 both inclusive, and 425,000 of the 475,000 bonds authorized for the purpose of oonatruoting a bridge at Avenue D, maturing 45,000 annually January 1, 1929 to 1933 both inclusive, shall be sold to the highest and beet bidder at a price of not less than 970 on the dollar and ao.rued interest from date of bonds to date of delivery." Section 2. That the action of the city olerk in advertising the sale of the said bondst with the maturities as shown in section 1 of resolution No. 1042 as herein amended, be and the sane is hereby ratified. and approved. Section 3. That this resolution shall be in foroe and effeot on and after its adoption and approval by the mayor. " Passed and ad.;pted this 16th day of ;..may, 1916. Caspar Hefty Attest: President City Council B. Moore, City Clerk. Approved by ma this 18 th day of iaay 1916. P. A. Henderson, aayor, Miami, Florida. Moved by L. T. Hi hley,,,an, seconded by F. H. Wharton, that Resolution No. B-1042 be .ad_pte:i. On roll call all voted yea. SIDEWALK IMPROVEMENTS BIDS ON SIDEWALK DISTRICTS 7, 8, 9 10 and 11 Jn motion duly mad_ and carried, the bids advertised to be received to night on tAse sidewalk districts were opened and read by the clerk and on motion all bide were referre to the engineer for tabulation. :MUNICIPAL RAILWAY RIGHT OF WAY BIDS FOR CLEARING OBSTRUCTIONS On motion duly made and carried, these bids were opened and read by the clerk and on due motion the same wer.. referred to Engineer Randolph for tabulation and report to oounoil. HA:t3OR TO??K ESTIMATES DUE BOWERS SOUTHERN DREDGING COMPANY AND ISHAM RANDOLPH & 00 FDR WORK DONE AND SUPERVISION OF FORK DURING THE MONTH OF APRIL Estimates ,approved by the Look Committeeman showing that there is due the Bowers Southern Dredgin;; Co. 427834.60 and taham Randolph & Co. 41401.11, for the month of april, 1916, were presented to council and on motion duly made and carried, the sa.itle. were ordered paid a►n•1 the auditor instructed to draw vouchers against the proper funds. On .4otion duly made and carried, council adjourned to meet at 930 P.M., May 25,1916. Attest: Pre,9il x.1 City Clerk. ti *= • x- tt Gee