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HomeMy WebLinkAboutCC 1916-05-30 MinutesCALLED MEETING OF CITY COUNCIL MAY 30th, 1916. amAill jj AT t O'look p.m. Members present: C. Hefty, E. C. Romfh, F. G. Erfert, L. T. Highleyman, F.:Fi. Whattctn. and Judge J. Emrnett Wolfe, of the oity attorney's office. The call of the mayor wasread by the olerk, as follows: Hon. P. A. Henderson, Mayor, ;Miami, Florida. Derr Sir: — Miami, Florida, May 30, 1916. • You are hereby requested to calla special meeting of the city council of . IIiarni, to be held in the c uneil chamber at four o'olook p.rn., Tuesday May.30, 1916 to take up and consider the question of approaches on either side of the Miami River . to the proposed new bridge to be erected over the :1iami River at 12th Street. Also the question of llth Street orossing over the F E C Ry. traoks. Signed H. G. Ralston, Councilman E. C. Romfh, Counoilman C. F. Filer, Counoilman. ,.;eesrs. C. Hefty, F. G. Erfert, F. H. Wharton, H. G. Ralston, E. C. Romfh, L. T. Hoghleyman, C. F. Filer. Members of .pity council, Miami, Florida. Pursuant to the written request of three members of the oity council, you are hereby notified that a special meeting of the council is called to be held in the council chamber at four o'clock p.m., Tuesday May 30, 1916, for the purpose of consider inV the questions which have arisen affecting; the approaches to the proposed new bridge over the Miami River at 12th Street. Also the question of llth St. crossing over the F. E. C. Ry. tra.,,ks. Signed P. A. Henderson, Mayor. I, W. J. Whitman, chief of police, hereby certify that I served a copy of the foregoing notice upon the members of the city council of the city of Miami, as shown by their signatures affixed to this call. Signed W. J. Whiaman, Chief of Polioe. i-eceived the above notice: E. C. Romf'im A. G. Ralston, C. F. Filer, F. G. Erfert, F. H. Wharton, C. Hefty, L. T. Highleyma.n." Jud:^e Wolfe: Gentlemen, ,r. Tatum owns, on the east side of the bridge, an easement for bridt3e purposes :,,nd on the west bank the land in fee between the east line of south elver Drive an.l the low water mark of the river, together with riparian rights. .r. H ighleyman: What ;foes the easement cover? Judge: It was granted for bri.;ge purl:ores. r. Erfert: Will it hold food with us? Judge: Yea, sir. :.r. HiE-hleyan: Then you think there is only one thing to do,— that is to condemn the • approached. Jude: Yea, sir, and I drew a reolution covering the situation. I understood Mr. Tatum would be Freeent and wake a proposition to the city. Mr. 5. :,i. Tatum: I don't think it ie the sense of council to want to acquire something that do a not belong to the city. We bought the property a good many years ago on a ba.ais of eiehty one feet and we epent 43,000 to 44,000 to make the approaches Ten years m o that prope ty cost ue close to five or six thousand. We notified our attorney to adviae Judge Wolfe that we are willin0 to deed to the city the 30 feet that probably we don't own, ..3 the public has been under the impression that the land the pr.le nt bridge rests on belongs to the city, and I thought we could probably get torethcr cn ao:ae preposition ani settle this matter without going to court. Iwould much rather do that. I hardly know what price to put on the balance,— someone suggest .eanethin5. ..r. Romfh: Get a boa.r.i of appraisers. :r. .atu:;:: I ell' tall you w ,at I have been offered,— it is a standing offer but I can't think of hie name. We own some property at the foot of 13th Street and I have refused .1300. for twcrty five feet. I fe.;1 that property on this side is worth more. I will make you a proposition without prejudice, and nothing to do with whatever should come up in court when we shall aek more,— thie is strictly without prejudice, and if you gentlemen will give us .;7500. for the property we will make you a deed. Ye fuel it inq. orth it and that it ha.a oust ue that. Judge Wolfe: I and _rsta.nl that would carry the thirty x eet also,— your deed wo th, whole thing. i.:r. Tatum: Yea, sir, to full width of the stree right, title and tnteret. ,lt 90 .put.'12 on both 41.404,10 QQ •` tl"' _ y 5�x hta ,,, {" y 4:..,� Y".r r' y use-,,TMxa :.. itiied meeting May Q g 9 Q� 47... 1916. got a cent out of it. I think it cost the oil ry..+ `.I is all right. I would rather settle it. y100. If you have net -the iabn�y,+edy' �, that Mr. Romfh: to you want us to give the street railway oompany credit for the amount? Mr. Tatum: We can't do that as the Miami Traotion Co. has nothing to do with it at all. gr. Erfert: Don't the Traotion Co. give something toward the bridge,- one fourth?, .ir. Tatum: Yea, air, but the Traction Co. is owned by differ.nt people Judge Wolfe: This condemnation will have to be filed tomorrow or the next day, under the Ju ge's order, unless he will,extend the time, which he probably would do. Mr. Tatum: If you think I have made an unfair proposition, just say so. Ir. Romfh: If he owns the land he is entitled to pay for it,- the part that is outside gist used by the present bridge. Judge Wilfe: I will state frankly myposition (Ir. Cason city attorney, is out of town) ani my position before the4 ,court was that there should not have been an injunction but that Mr. Tatum should have sued for the value of his land, because I take the position that.oweing to the length of time the bride had been used by the publio, :»,r. Tatum was estopped or guilty of such laohes as would prevent an injunotion to atop the work. :ur. Tatum:. We don't like to go to court but we have put the matter up to our counsel and ..t is up to them about.,;oing to court. Judge Wolfe: I wanted to get it in the status it is now and have our condemnation suit; brought rather than sue out an injunction and atop the work. Mr. Romfh© If the city starts condemnation proceedings, does the injunction still bold? Judge: eo, sir, that takes the place of the injunction, in that they guarantee Mr. Tatum the price of the land decided upon. My contentionwas that the ..ity ha+l an easement as to the land now occupied by the bridge and it was only this morning that Mr. Smith (Atty for iir. Tatum)sucgeated that this now cover only the portion not occupied by the bridge. Twelve man will be empaneled as a jury an they will take evidence as to the value of and view the land an L render a verdict of what it is worth and that is the amount the city will have to pay, and in teat event the city will have to pay Mr. Tatum's counsel's fees, which will run ;,500 to ;,750. What the amount will be is purely. speculative. It is for the council to consider what is 'beat to be done. .,:r. s.tum: I figure the land has a.ut.:wlly coat us a,00ut tne amount of our proposition. We would like to break even. Judge W: It looks as thoegh there shoulu be some reduction on ao;ount of the 30 feet in the middle of 12th Street, on each -ide of tne River, which the city has already got. r. Tatum: Ian. making. trr:,.t now Our first proposition was )4a0,000. for the entire 70 feet and we have now knocked off ;1:>,000. which we think is liberal. :,-r. Fio:r;fe: I w•o•:zl i like to think the matter over for a day or two. .Judge W: :.ir. Tatum will you agree, if the Judge will modify his order, that the injunction shall be staid? :,ir. Tatum: Yea, air. I supoee I h..v- tn. t right? Judge V: I am sure h2 wile do whatever you say. Mr. Tatum.: If it ie regular and proper to do that I will say it is all right. ir. Hefty: Aa I understand it, the street (12th) is 70 feet wide and it is conceded that the city owns 30 feet in the center, on each ate of the River, which leave 20 feet on either aide of the street and on both sidea of the River. That makes an aggregate of 80 feet which is cut up in four pieces,- it is not worth ve-•y much. 'ir. Tatum: ender tree cirou:a3tancea 1 think it is eotth more. I have been offered $25 per month to buiie 1i 'tie store on one of those spots and I could build four of the four places Hide:iey.,..,n: The Street Car Co. ha.a to pay one fourth the cost of the bridge. Can't you work it out t-,.,t day? ir. '.atum: I on' t se;; hoe i .:oui, ue corked out that way. 1 don't think we would have much trouble arrengin` eoout the way to hen..ile the settlement. ir. Hi-nley,:.a.n: The bri L will be finished in a short time and you will have to pay one r. fourth of it, .i tee Price of tie land could be a. credit on your part of the bridge. Ceueei1ira.n F. C. iiornf, , introduced the following resolution: Resolved, teat the city :attorney be instructed to immediately institute condemna- tion proceedinga or the land owned by J. H. Tatum needed for the widening of the Twelfth treet bridge end the approaches trier*to, so that in addition to the land now covered by e..id oriige a„u approaches and owned by the city, that the oity's ri_iit may be extended to include all the land between the north and south lines o' Tyvelfte Street extended across the river between the west line of North River Drive aed the Lust Line of South River Drive ac,;orling to the Knowlton map. Auopted thia 30th day of :,:ay, 1916. Caspar Hefty Attest: President City Council W. d. -uo )re - City Clerk. :.loved by L. Hi.-hley, n, seconded by T. C. Erfert that resolution be adopted. 0n roll fi c46,1 all voted yea. . Tatum: You will uu ao:..:;tein_ definite on 'l:.uraday n 1 ght? r. Romfh: Have a. goou swap proposition for ua. A210 Called meeting of oouneil May 30, 91 ELEVENTH STREET CROSSING F E 0 RY. The clerk read the following letter from Vice President Beckwith, of the E 0 "St Augustine, Fla. May 29, 1916. Mr. W. B. Moore, City Clerk. Miami, Florida. Dear Sir:- .tr. L. C. Brian..ing, our agent at Miami, refNrs to me your letter of may 24th calling attention to ordinance approved by the Mayor on March 16th, 1916 covering the mutter of erection of Safety Gates at 7th and ilth Streets. You have doubtless overlooked the fact that 7th Street now has gates erected and they are now under operation. As for llth Street, I would refer you to copy of ordinance passed when this . street was opened to the effect its maintenanoe and operation would be handled by the city. Yours truly, J. P: Beckwith, Vice President." 'ihe matter Wa8 discussed briefly and the following motion made: Moved by F. H. Wharton, seonded by L. T. iiighleyman that the clerk notify the looul agent of the F E C Ry. that the city of iami will withdr_w the watchmen at Eleventh Street crossing, June 10, 1916 a.n.i that the railway company will be held liable on rand after that date for violation of an ordinance of tht city of Miami in the event of failure to provide, maintain and operate u.fety gates at Eleventh Street crossing, mi:ami, Florida. .emotion o. rried. The clerkaii .re3sed a letter to ..fir. L. C. Lr.;nninc, local a7e,: , 1 . C. Ry. under date ...my 1916 in which w.:.e quoted the motion as next above. Attest: President City Council :ity Clerri.