Loading...
HomeMy WebLinkAboutCC 1916-08-17 Minutes: ., 210" c MAR MUTING off' COUNCIL THURSDA'Y AUGUS Chairman Caspar Betty Member* present: F. G. Wert, 0. Hefty, P. go Ilhertot4 X. 0. Romfh. (L. T. Righliymhn absent from ;•`•S.r,a itkmf{aM �4.`3kr]ru4 RMQUKBT OF 8. N., KRKS9 AND 00. TO XROAVATX IN TH& giD=WA?i. XN tONT ; F:THW,IR PROPRfl ON TEMPTS STRIXT BZTWINN AMU* 0 AND D IN ORDXR TO- MAKI- AN-.. XNTMN0K',TO"TBKIR BASWMNNT THROUGH TEX SIDZIIALK The clerk read a resolution adopted by the Chamber of Comoro* requesting that the oity oounoil pass an emergsnoy ordinanoe prohibiting the pla$ng if okUtee,'entraneSs or other excavations or vaults in or under the sidswalke oil the pity. Mr. M. D.7Prioo, repleeenting the oontraotor oonstruoting the Kress Building, addressed odanoil, stating that the Kress 0o. oppose the passage of an ordinance that would prevent the oomplstion of their building according to plane. The plans were prepared and submitted to the building inspeotor and a permit was issued and under that permit the excavation was started. There will be doors in the sidewalk about four feet square and will.only open when the elevator cowls up to roost** the goods,- the doors will open and close automatically and no one oould possibly fall througx them + as the elevator goes down the doors oloss. The only way these doors could interfere with or be a mangos to traffic would be by causing people to walk to one side. Openings of this kind are oommon in all oitiss and are usually reoogniaedby the courts as being legitimate if properly oonstruoted. The Supreme Court of this state has held that where private individuals lay off a town and sell lots the person who buys a lot owns to the middle of the street, subplot to an•e asement of the people to travel, but the legal title is held by the lot owner; and the oourte have held that the privilege of using the space under the sidewalk or street is with the owner, bat they can not obstruot traffic. Kress & Co have done this same thing all over the United States. None of the blocks of the city have alleys and the only way good oan be received is through the front. Uses & 0o. have deemed it more advisable to have these goods carried by means of an underground tramway from the front to the rear, letting the goods into the basement through an opening four. oet square in the sidewalk, and these plans of their arokiteot were passed on and approved by your building inspector. The oontraotor 1 represent feels that the looation of the building in this way oan not in any way interfere with the wellfars of the oitizens of Miami or with traffio, for with the doors open and the sievator'up there will be seven feet of sidewalk space along whioh people may ttavel and that will not obstruct travel as muok as unloading the goods on the sidewalk and oarrying them through the front door and oertainly no ordinance oould be passed to prevent that and as the plans are drawn and the excavation made ( I am informed that they spent ;1,000. for the exoavation) and if the plans ars stopped at this time it means they will have to re -draw the entire plans for they can not use that method of oarrying their good! through the basement, and it means a lose of at least $1,000. The Fraternal Union building on lath Street has an entranoe from the.eic.ewai"ip to the basement Mr. Briert: It is on their own ground sr. Price. Attorney L. R. Reilsy: I represent Kress & 0o. They bought this lot several years ago with the intention of erecting this building. They have paid great deal of taxes on Z and have had plans prepared which were submitted to the building inspector,- with -this_ excavation shown on them, and the plans were approved, and if._there wao-tn be:rn objection it appears to me that was the time to make it, then we woulci".not h 4ve" -gone tr the expense and it will be a loss to Kress & 0o. if the oity oan forotl them to ohange their plans or do away with that opening. Under the oiroumstanoes there is no other way for them to get their goods into their building. There is no alley and they can't make arrangements• for one. Mr. Burdine has an alleyway and they have tried to arrange with him to us it but he will not let them have it. They tried to maim arrangements with the lot owners in the back and they will not agree, and there is nothing loft to do but to take the good in at the front. The opening in the ,eidewal]e will not obstruct it as much as if they take their goods in the wont door, whioh Will have to be done unless this opening is permitted, and certainly the oounoil oan not prevent a man taking his goods in his front door. It looks to me like trying to keep industry down. This building will cost $50,000. They want to oome in here with the good will,or the people and the general public will be bensfitted. The Kress Oo. do a business that enables them to sell goods at a smaller margin of profit and for the merohants in this oases to make objection looks like trying to antagonize the dress people,- they are not trying to antagonize these merchants. There are other openings in the sidewalks,- one on llth Street for six or eight years and it is not on a level with the sidewalk, the end next to the building being 5 or 6 inches higher. Also, the Weathers garage on Avenue 0 has openings in the sidewalk. Mr. Hefty: On their own ground. Mr Rally: That may be but it is an opening in the sidewalk and more dangerous than. this would be,- a ohild oould fall in that opening or at the Fraternal Union building. If there was any possible way for them to get their goods into their store Kress Co. would have done it, but there is no other way. I understood it was the inetntion to have this ordinanoe passed at one reading,- oertainly you would not pass it without some further investigation. It oan not be more detrimental to things now existing than have been allowed. It will not block the sidewalk one half as muoh as building operations - this obstruction is very small. It asemstcounoil should consider the matter oarefully and the expense the Kress 0o. have gone to and the hardship it will work on them. If oounoil oan put them in position to secure an alleyway they will be glad to avail themselves of it, but they u anit get it. They have fifty feet frontage on 12th Street. We ask oounoil not to go into this hastily and to consider the sights of the Kress people and not to work a hardship on them. hr. Ralston: Mr. Rai]y you say it would be more inoonvenient if they unload.the goods and take them through the front than if they go through this trap in the -sidewalk. Mr. :valley: Yes, beoause they would have to be unloaded on the sidewalk and trucked aorosa the sidewalk into the front door, while in this way the goods are unloaded on, the elevator,. whioh goes.down immediately and the doors oloae at ono*, and conelder&bly„, less time is taken. Atty. R. B. Gautier: I represent some of the property owners on 12th Street. In the ." first plaoe they have stressed the faot that the building inspector has iisucpcl a; permit for the erection of this building. With all due d_Sersnoe to the buiding inspeotor, I;:= want to say that he never had the authority, at any time in the history'of ,tit ".ntowftr issue a permit for the ereotion of a building that was Wilt partly 011 the :.I 4w k ;and under the }present ordinanoe the only official hav autiiorit to "ilea! `'"' excavate thcey.streete or •idewalks in the street super me de t,-% wh4ltb.11ers ;fi�aF ra;•, _ .fit„ t t.a .•. Ala 4.4• at ,y.�,, ,�x,`'t t, 'x" 'f7 " ' .�::d - "` � .� :,•ss�� , � �:.. n„'"":�'43�i ��`� u •'� ��,:" � tr•``�h r:n ,,,. F e , r . h,g •:2"�is`.r_'4' iCvetybod r, .even- Krese & 0 . are reauned to know t e h that rPrdaiiinptioia the w ant ahead � �►� .<lira'.Kken. `tkA� ` bthi'te�,hbz';d�;;i��ai� �t►da►r and toreat z ,. y up this sidt�t'R�l;i�' in: �'iiilat�►�1;�'��:Cl,�;.'-,,..:., ordinances, They.; have stressed the.fact that One each, exoarrhtio t, hi4 the sidewalks of the city heretofore, and i think only one oan be s&tedy=.arid; s 40 the one on llth Street, made six or eight years age when there war no "11ueifeaw ' en llth Street exoept that one house. At that time no one paid any partiQt ar &ttentien to it for no one was particularly interested in that•part of toWnOb'ity.it has been a nuisance ever sinoe. It will throw a man down. Tory few goodsgo (*roh; that opening so that it is not an obstruction to traffic on account of the 0 &teeter of the business in the building. Mr. Prioe has given you a legal opinion, and I want to stT that this oounoil oan close that up any time. It is true the Supreme0ourt hag held that abutting property owners own to the middle of the street but that is wu1►3eot to the right of usage and sub3eo to all street purposes. They have also stressated the fact that other cities have these things. My observation has been that very few pities have these things on the.r main business streets,m, high class business streets r Peat many of them in the shipping districts. it has also been argued by Mr. Railey,that there is less obstruction on ao.ount of this elevator than if the goods were passed over the sidewalk through the front door. No one denies them the right to Carry goods through the front door, but we have a four foot opening.here four feet square and when the elevator is up you have two doors sticking up on each side and at the same time the goods have to be moved across the sidewalk and it is the same obstruction. Mr. Price: The elevator will be next to the curb. ear. Gautier: That makes it worse. These streets are ocowded and people will have to pr4ss through a little opening six feet wide. I also give it as my opinion that the oity oan prohibit these opeiningp in the sidewalks. If Mr. Kress has the right to put in a four foot opening, then the next man has the same right and so on, and if every boas on lath Street should do so, what would sou have? Mr Kress, plea is, in effect, I want to use your land and not nine, and if he needs only 4 feet of the Deity's space, he needs only that muoh of his own epos and he oan 3ust as well put that elevator in one oorner of the building. It is establishing a preoeaent, inrthe best part of the town, that, if carried out to its logioal conclusion, will absolutely obstruot tratrio all the time. i know ar. Kress could have gotten an alley very cheaply about four years ago when he bought that property. Mr. Riley: He tried when he bought the lot and could not get it Mr„ Ralston: Senator Hudson, have we the right to stop them? Senator Hudson: Acting as Oity Attorney) Yee, sir, 1 think so. Mr. Romfk: Can we oompel them to fill that hole? Senator H: Yes, sir, i think so. ,Mr. Romfh: Each day constitute a separate.violation of the ordinance? Senator H: Yes, 1 believe it does. Mr. Romfh: For my part, i don't believe the sidewalks on the main street here should be used for suck purposes - we need every bit of the sidewalk space. Let them take the atufr through the front door. Attorney Prioe sent for copies of the plans, showing that the sidewalk excavation was provided for and when the plans were received in the council ohamber members of the counoil examined same. Building Inap otor D. B. walker stated that ke didn't know whether he noticed that part of the plan or not; that there is nothing in the building node about that feature. Stated that the oontractor signed an agreement, when he secured the permit, toailde by all the laws of Miami; tha.ke issued a permit to erect a building on a oertain lot and not on the sidewalk. Moved by F. H. Wharton, seconded by H. U. Ralston, that the S. H. Kress 0o. be denied the right to use the sidewalk in front of their premises on 12th Street for an elevator to reoeive goods. Motion carried. STREET OROSS.NUS F E 0 RY FOURTH STREET CROSSING. The clerk read the following "Jacksonville, Fla. August 11, 1916. xr. W. B. Moore, city Ole rk, 161ami, k'lorida. Dear Sir: - referring to your letter of July 28th in the matter of opening 4th Street. The proposition which 1 made to Mr. Wharton under date of April 6th was a very liberal one; but it seems the pity by its action as indicated in your letter of April 14th did not see fit to acoept the same, and the counter proposition made, planes the entire burden of the expense of putting in and maintaining this oroasing on the railway.company, hence my letter to you f July 24th, explaining our positiop, and unless the city dares to consider what is right and proper in the matter under the circumstances, I donnot see what more we can do. it seems that the city is not only asking us to give the right of way for a o:ossing, but that the railway company shall pave, maintain and protect the same at its own expense. Then in addition there is an expense of about $500. which we will be required to make. in ohangee of tracks, switches, eto., if this street is put through; and this does not take into account the delay and damage we will sutler beoause of this street crossing by delays and risks to operations. Certainly this is not reasonable, and is not meeting us half way, if that is the intention of the oity. Very truly, J. P. Beckwith, V.P., F E 0 Ay.* Mr. ttaiston: I think it would be well to instruct our attorney to go ahead and condemn. We haveworried along with the treat crossing problem for years. I think we hare. a4e months inwhioh to pay under oondemnation and if that is the case their wash rack* w41- be out of the way at 4th Street; we will then pay for the crossing, they will pave it and it will be in the same category as all other streets. Moved by H. G. Ralston, aeoonded by r. H. Wharton, that the city attorney eelvanur 10111 the condemnation of 4th Street. Motion carried. A210 ru 0R088ING6 OUR F I 0 BY TRACKS { Mr. Wharton: The matter Of paving the oroseings er ©vthe 1$& irec e: , fi the sit w.iul referred to the Engineer, Auditor and myself sometime ego and We tOt*'it 1p with'the railroad attorneys, Shutt', Smith & Bowen, and they wired M. Beokiith and he rrirld book that they will fix 12th Street only. He denied agreeing .to fax *p. aii the otoSsigt but anyone who oan read English knows they did promise to pa,* them. X Would.like to nO* how we oan compel the railroad oompany to pave these street crossings. Senator Hudson: The question is absolutely.new to me and I would not like to answer off- hand. Mr. Wharton: it there is any way 1 would like to proceed. Senator Hudson: I will advise you tomorrow. Mr. Wharton: We have been truing for months and they have done nothing an have said they would do nothing. Senator H: I think weoan find a remedy. mr. mharton: Our Auditor took the matter up with the New York attorneys and they hesitate about the oity paving the u rossings and assessing the.ailroad. X PURCHASE OF THREE LOTS TO COMPLETE BLOOL 23 SOUTH FOR A CITY PARK. 'Miami, August 16, 1916. City Counoil, Miami, Florida. Gentlemen: After talking with gar. f. U. Ralston with regard to purchasing, the lots situated in Block 23 8, now one of the oityrparks, We are address,dg this communication to you at his suggestion. Our client will aooept $1000. each for the remaining lots in the park, ana will bear the expense of moving the houses. In our opinion, the oity.ehould aoquire this propertyrnow, as it will oertainly do so at some future date. A000rding to your oity assessor this property hap doubled i},.value since the city purohased it several years ago and from the class of and amount„o"'f improyements going on in that oivinity, this property will certainly inorease in value. If the city should decide to night not to purchase, this property, it very likely that it will be sold to individuals at 9500. each. Very truly. yours, 1'. u. broseier & Son. GDB." CONVENTIONS REQUEST OF CHAMBER OF COMaIRCr FOR DONATION TO PAY EXPENSE OF DELEGATION TO DEEPER WATER WAYS CONVENTION PHILADLPHIA, PA. SEPT l2th+15th. "Miami, August 17, 1916. To the members of the City Counoil, Miami, Florida. Gentlemen: The ninth annual convention of The Atlantio Deeper Waterwa's Aseooiatlon will be held in Philadelphia September 12 to lb next, inclusive. At last years oonvention held in Savannahh,Georgia some good work was done to boost Miami for 1917 and to that end Mr. Frank Baker has been appointed by Gov, Park Trammel to represent the State of Florida and Guy W. Livingston to represent the Miami chamber of Commeroe to cinch the 1917 meeting for Miami. To conduct a proper oampaign will require a fund of at least 1bUO. and we would reepeotrully ask your honorable body to provide one half of this amount or $250. About 1000 delegates would attend this meeting, some of them being United Staten Senators and Members of Consress. Untold good will result from this meeting and we aim to go after it with a fixed idea of getting it. Your favorable ooneideration will be greatly appreciated. Youre very truly, Miami Chamber of Commerce Z. G. Sewell, President." Mr. Balaton: We have already arranged to send a delegate. I don't believe there is another town in the United States where the oommeroial bodies call on the oity council for funds as much as This body. I don't know how they raise the money bat they seem to do so. Mr. Romfh: The Chamber of Commeroe does a great deal of good, especially here limit winters, I and deep water is something we are very mush interested in. Mr. Wharton: Mr. Livingston, will the city have to put p $g500. if we secure the oonven• tion. Mr. Livingston: Yee, sir, $2500. must be guaranteed and it must be available by J*ly 1, 147, Aside from that, we will have to go around t wn and get a great deal more for entertainment. About 1000 attend. That means of course a great many more for the members often bring their families. le want to bring it here in Deoember and no doubt a great many will stay throughout the winter. Mr. Ralston: Is the idea for us to put up the 42500. also? Mr. Livingston: In talked this matter and he thought the ;2500. It would be money. Mr. Romfh: We will have time to think p1:1M l.i, l'.lM'ga iOj"ia��4 Ary�. 11 some towns the oivio bodies put it up and in others the oity pop it. over with Mr. Sewell and he offered to personally guarantee $1250.,_ city should donate $2500. and then we could get vat and.xaise 1414b folly to spend money to go after it at all unless we oan guarantee-•b have to meet next Monday night and I believe we can hold it over about the matter. (There was no faileek. further disoueaion) BOAT RAM MOIST OF OHAMBER OF OOMMEROZ FOR DONATION "Miami, August 14, 1916. Members of the Oity Council, Miami, Florida. • Gentlemen: The Third Annual Mid -Winter Regatta will be held over the Altcn Beach Course on Thursday, Friday and Saturday, January 18, 19,20, 1917. it is the intention of Mr. earl G. Fisher to offer oups this time to the amoant of $5,000. and to overshadow anything that has been pulled off in the United States. The Regatta is a oonstant advertisement to the oity of Miami and Mr. Fisher maintains at his own expense a publicity man, and as you well know, Miami is his hobby. if the races are to be made bigger and better every year, it means financial aid until suoh time as the Regatta is on a paying basis; and in behalf of the Regatta Aseooiatioa we would respectfully request the City Council to appropriate the stem of. $1500. to buy cups for this event. Moved by H. G, Ralston, seconded by E. 0. Romfh, that the oity appropriate $1000. from the Publioity,Tund for the Boat raves for 1917. Motion carried. MUNICIPAL DOMES DEVICE•TO BE CONSTRUCTED FOR UNLODING BOATS FROM RY.CARS. "Miami, Florida, August 17, 1916. Mr. H. G. Ralston, Committeeman on Parks and Docks, Miami, Florida. uertlemen: I hand you herewith sketch of a device for handling express cruisers whioh I have designed for use at the munioipal Book. Mr. Carl Fisher furnished me with boat drawings and I submitted this device to him and reoeived a letter from him approving it. We got a proposition from Messrs. Hillyer & 8p.rring for building t is structure. They offer to supply all materials and buildithe structure for $897. Respectfully submitted, Isham Randolph." Moved by H. G. Ralston, seconded by O. F. Filer, that the harbor engineer be authorised to go ahead with the construction of this boat unloading device so that it will be ready by December 1, 1916. Motion oarried. AUTOMOBILE LICENSES REQUEST OF E. 0. LOVELAND AND R. F. MOSZR TO OPERATE BUS LINT WITHOUT PAYING A LICINSZ. The olerk read a letter dated Hom ..stead August 14, 1918, from these parties asking tha they be allowed to operate without city license. Moved by E. C. Romfh, seconded by C. F. Filer, that the oommunioation be received and filed. Motion carried. PUBLIC U'TIL.LTIIS MUNICIPAL OWNERSHIP The clerk read a oommunioation from the North Miami Improvement ♦sen..asking that the city oounoil take action looking toward the purchase or oonstrUotion by the pity of gas, water and elettrio light plants and on motion duly made and carried the matter was referred to the finance committeeman. MOVING PICTURE MACHINE OBLRATOR8 EXAMINLTION OF Councilman Wharton introduced the following resolution: Whereas, Chapter 8955 of the General Aots of the Legislature of the State of Florida for the year 1915, provides for -the creation of a board of examiners and licensed commissioners of persons engaged as operators of moving picture machines in towns having a population of not less than six thousand inhabitants, and Whereas, seotionr2 of said aot provides that the mayor of each city shall appoint said board, and Whereas, the mayor of the oity of Miami has designated H. R. Chase, D. J. Nivin and C. Carl Smith to serve as the board of examiners and licensed commissioners of persons engaged as operators of moving pioture machines, said persons to serve without oompensat.on: Now, Therefre, Be It Resolved, by the Oity Council of tabs city of Miami, Florida, that the aforeaaid appointments of the mayor of the Oity of Miami, Florida, be, and the same are, hereby approved and ratified. Adopted this 17th day of August 1916. Gaspar Hefty Attest: Pres. Oity Council W. B. Moore, City Clerk. Moved by H. G. Ralston, seconded by C. F. Filer, that the resolution be adopted. 0n roll call all voted yes. ti� A210 ' ' ' . , m°r;. •`!"' ;�.. S di. P ?'{' j w > gry.,KW 'jf_;�,M�.''. { t ytT�G ,{a REGULAR MEETING 0P THE CITY d0DN0I A#0-'AttE Counoilmari E. 0. Romfh, introduced the followirih44861 t10 Resolution No. 1015 Whereas, on September 1, 1914, the City of Miami., Florida, &estted `its al ' Improvement Bonds tp pay a part of the cost of Street lmprovement,ri said city; and Whereas, said city held liens against the lots and parcels of land abutting said street improvements in the sum of 4100, 265.35, said sum represents the amount of the bonds issued as aforesaid; and Whereas, the sum of $43,912. 72 has been paid in cash by the owners of the lots and parcels of land abutting the improvements aforesaid; and Whereas,•463,075.41 of said bonds mature and are payable September 1, 1916; and Whereas, sufficient to meet of 419,162.69; and Whereas, surplus is greater Florida: The liens paid to the pity by the abutting property owners are in - the bonds maturing aforesaid, said deficiency amounting to the sum There is a surplus in Improvement Funds Nos. 1 and 3 which said than the sum of 119,162.69; Now, Therefore, Be It Resolved by the City Council of the City of Miami, Section 1: That the sum of 410,000. be and the same is hereby transferred from Improvement No. 1 to the Bond Redemption fund, and that the sum of 49,162.69 be and the same is hereby transferred from Improvement Fund No. 3 to said redemption fund. Section 2: That the sum of 410,000. be replaced in Improvement Fund No. 1, and the sum of S9,162.69 be replaced in Improvement Fund No. 3, from the collection of liens held by the city for account of the following street improvements, said imptrovements consisting of the permanent paving of--- 12th Street from Miami River to the Boulevard, Avenge D from 6th Street to Miami River Court Street from llth to 12th Street Avenue E from llth to 12th Street 19th Street from Briokell Avenue to Avenue B Avenue B from 10th Street to 14th Street Avenue C from loth Street to F E C Spur leading to Royal Palm Eleventh Street from Court Street to Avenue B. Section 3: That this resolution shall be in force and effect on and after its adoption and approval by the mayor. Attest: Passed and adopted this 17th day of August, 1916. Caspar Hefty, President City Council. W. B. Moore, City Clerk. Approved this 17th day of August, 1916. P. A. Henderson, Mayor, Miami, Florida. Moved by F. H. Wharton, seconded by H. G. Ralston that Resolution No. 1075 be adopted. On roll Gall all voted Yes. Hon. City Council, Miami, Florida. Gentlemen: After against current 111,178.21, and Miami, Florida, August 16, 1916 a conference with the finanoe eommittman, funds in the sum of 420,980.00, leaving a ask your approval. Moved by F. Auditor be approved. A. 1'}.n»: +C.t h fjV vouchers have been drawn current fund balance of Very respectfully, C. H. Reeder, City Auditor. H. Wharton, seconded by H. G. Ralston that action of the ti: • ai *Ales ig .August 17, 1016. RESOLUTION AUTHORIZING $65,000. REFUNDING REVENUE BONDS TO BHT BONDS MATURING SIPTAI IR 1, 1916. Councilman E. 0. Ripmfh introduoed the following resolution: Resolution No. 1080. Mesolution Authorising $6b,000. Refunding Revenue Bonds under Seotion 30 of Oity Charter. Whereas, under date of September 1, 191b the city of Miami issued its $76,00U. revenue bonds bearing interest at 50 per annum and maturing September 1, 1916, all Of whioh bonds are outstanding ana unpaid and are valid obligations of the pity of Miami; and Whereas, there are no funds in the oity treasury from whioh any part of said bonds may be paid after the payment of interest thereon, except the sum of $11,178.21; and Whereas, it is necessary in order that the remaining J65,000. of said bonds be paid that the city of Miami issue $6b,000. refunding bonds as hereinafter provided: NOW THEREFORE, BE IT RESOLVED by the oity oounoil of the city of Miami, Florida, that for the purpose of refunding and paying $85,000 of the revenue bonds of the oity of Miami dated September 1, 1915, .maturing September 1, 1916, there shall be issued the negotiable ooupon bonds of said oity of Miami in the aggregate amount of .$65,000. consisting of MOOS 65 bonds of $1,000 each, numbered one to sixty five both inclusive, whioh baid bonds shall bear date of September 1, 1916 and oarry interest at a.rate not exceed ing six per oentum per annum, the principal and interest of each of said bonds to be pays le at the office of the oity clerk of said city or at the United States A Mortgage & Trust 0e. in New York 0ity, at the option of the holder thereof on the following dates: $15,000. numbered 1 to 15, July 1, 1917 50,000. numbered 16 to 65, September 1, 1917. BE IT FURTHER RESOLVED that said bonds shall be absolite, direot and general obligations of the oity of Miami and that the full faith, credit and taxing power of said city shall be and hereby is pledged for the payment of the prinoipal and interest thereof, as well as the proceeds of the taxes hereinafter levied and provided for. BE IT FURTHER RESOLVED that said bonds shall be signed by the mayor and city clerk, sealed with the seal of said oity and attested by the pity auditor, and that said bonds, to whioh no coupons shall be attached, shall be in substantially the following form: No. UNITED STATES OF AMERIOA STATE OF FLORIDA COUNTY OF DADE OITY OF MIAMI RIMING REVENUE BOND OF 1916. Issued ueder Seotion 30 Oity Charter. $1,000 KNOW ALL MEN BY THESE PRESENTS that the city of Miami in the County of Dade and State of Florida is justly indebted and for value reoeived hereby promisee to pay to the bearer on the first day of 1917 the prinoipal sum of ONE THOUSAND DOLLARS with interest thereon at the rate of five per oentum per annum, both principal and inters t to be payable on said date at the offioe of the city Clerk of said City or at the United "tates Mortgage and Trust Oompany in New York City, at the option of the holder hereof. This bond is one of a series of 65 bonds of like date and amount, numbered from 1 to 65, aggregating $85,000 and is issued for the purpose of refunding and paying a like amount of the valid subsisting indebtedness of the city of Miami evidenced by its revenue issued pursuant to the oonetitution and laws of Florida and in particular Seotion 30 of thee.� oharter of said oity. All the bonds of this series are likewise issued under the autHority of and in full complianoe with said oonetitution and laws including edbid Seotion 30 of the city charter, and a resolution adopted by the oity council of said city. It is hereby certified and reoited that all acts, oonditione and things required to happen, exiet and be done prior to or in the issuanoe of said bonds have happened, existed and been done as .required by said oonetitution, laws and oharter; that this bond, together with all other indebtedness of said oity does not exceed any constitution or statutory limit thereupon, and that provision has been made for the levy and collection of a direot annual tax upon all taxable property in said city sufficient to pay all of this series of bonds and the interest thereon. For theprompt payment of this bond with onterest at maturity the full frith, credit and taxing power of the oity of Miami are hereby irrevocably pledged. IN WITNESS WHEREOF, the said city of Miami has caused this bond to be signed by its mayor and clerk, sealed with its oorporate seal and attested by its auditor, this lot day of September, 1916. Mayor City Clerk Attest: 0ity Auditor. BE IT FURTHER RESOLVED that all of the bonds herein authorized shall be sold by the finanoe oommitteeman of the city oounoil at one time or from time to time in -his diaoretioa as he deems for the best interest of the oity, at not less than $99 on the $,100 and aoorued interest, and the prooeede thereof shall be paid hp the oity clerk and by him deposited with the pity depositories of *MA the city of Miami, Florida, for the sole purpose of applying such prooeede to the payment of $65,000 of the said revenue bonds maturing September 1, 1916. BE IT FURTHER RESOLVED that for the purpose of providing for the payment of the principal and interest of the bonds herein authorised there shall be and hereby is levied upon all the taxable property of said oity a direct annual tax to be oolleoted with other taxes of the year 1916, sufficient to meet the payment of the principal and interest of the 'Yonne herein authorised as the same become due; and the oity council does hereby pledge to those who shall beoome the owners or holders of the bonds herein authorised, that at the time of makingthe regular annual city tax levy in the present year the tax herein provided for shall be oluded and levied in and with other taxes levied by said oity, and that the proceeda_of such levy shall be kept and applied solely to the payment of such principal and interest. BE IT FURTHER RESOLVED that this resolution shall be in force and effect from and after its passage and approval by the mayor. Passed and adopted this 17th day of August, 1916. Clasper Hefty Attest: W. B. Moore Approved this 1?th day of Frees City Cord . Oity 01ork. August 1916, P.A.Henderaon, Mayor moved by F. H Wharton, seconded by M. G. Ralston thatraeol call all voted yes.•,:_ Wal A210 Regular meeting of tib ii ANNUAL. AUDD OF ,OITYI $ ACCOUNTS YEAR ENDED MAY 31, 1916. RIPORT or NV`X The report of Neville & Co. was presented'by 0ounoilman Rosith tho. ntroduvsd Resolution Now 1081 Aooepting and adopting the report of Neville & CO. an `'d.*eo'tinngg` the auditor to preparea supplementary statement showing disbursement of 'baoh dollar for each department of the oity and also authorising 500 copies printed. . Moved by F. H. Wharton, seconded by F. G. Erfert that resolution No. 1081 be adopted 0n roll pall all voted yes. LEGAL COSTS IN THE CASE OF HUSTON WYZTH VS THE CITY OF MIAMI See letter of Rand & Kurtz, on page 372 of this book) The city attorney reported that of the #43.94 coats in this case, #31.34 are properly chargeable against the oity and this amount oan be oolleoted. . Moved by H. G. Ralston, seconded by O. F. Filer, that the costs in *the oase of Wyeth ♦s Oity of Miami, to the amount of $31.34 be paid. Motion oarried. ' BOILER INSPECTION APPOINTMENT OF THIRD MEMBER BOARD OF EXAMINERS The clerk read a letter from the boiler inspector, dated August 15th, stating that the two present members of the Board of Examiners, required under Ordinance 159, would submit the name of the third member within one week. On motion duly made and oarried, the additional time was granted. BRIDGES OVER THE MIAMI RIVER APPROACHES FOR 19th STREET BRIDGE PURCHASED FROM MIAMI TRACTION COMPANY. Counoilman F. H. Wharton introduoed the following resolution: Resolution No. 1088 Whereas, the Miami Traotion Company has sold to the oity of Miami, all of the land owned by the said Traction Company at the east and west ends to the Twelfth Street bri ~1:at the Miami River, at and for the consideration of $7500; and Whereas, it is the verbal understanding of the parties to said deeds of oonveyanoe, that the express consideration of $7500. should not be the actual transfer of cash but an agreement by the said city of Miami to apply suoh sum to the indebtedness due, or to become due, by the Miami Traotion Company to the said City of Miami on its share of the cost of the oonstruotion of said bridge; and Whereas, a oontraot has been submitted to the City Oounoil of the City of Miami setting forth suoh an agreement; and Whereas, it is considered by the oity council of the City of Miami, Florida, that the entering into of said agreement will be benefioial to the interests of said City; Now, Therefore, Be It Resolved, by the oityoounoil of the oity of Miami, Florida, that the mayor and the city clerk of said city of Miami be, and they are hereby authorised aniinstructed to duly exeoute, on behalf of the city of Miami, a oontraot with the Mimi Traotion Company oovering the payment of the #7500 agreed upon as the purohase price for the land at the approaches of Twelfth street bridge, whioh oontraot shall also designate the manner in whioh the balanoe due, or to beoome due, by the said Miami Traotion Company on the said Twelfth Street bridge, shall be payable. Adopted this 17th day of August, 1916 Attest: W. B. Moore, City Clerk. Moved by H. G. Ralston, seoonded by 0. F. Filer, that Resolution 1089 be adopted. 0n roll call all voted yes. The agreement referred to above is as follows: Caspar Hefty President .City 0ounoil THIS AGREEMENT Made and entered into this 19th day of August A. D. 1918, by and between the City of Miami, a municipal corporation under the laws of Florida, party of the first part, and the Miami Traction Company, a corporation organized and existing under the laws of the State of Florida, party of the second part. Witnesseth: That, Whereas, the party of the second part has sold to the party of the first part all of the land owned by the party of the second part at the approaches from the East and the West to Twelfth Street Bridge at the Miami River, the delivery of said deed of conveyance by the party of the second part to the party of the first kart being sontemporaneous with the execution and delivery of this eement; AND, WHEREAS, The consideration in the face of said deed is expressed as, and is, Seventy-five Hundred ($7$00.) Dollars, yet it is understood and agreed that no actual transfer of cash from the party of the first part to the party of the second part has been made; �'R:zwx ;tw 1 �r t �.w IN CONSIDERATION of the covenants of the party of the first part, the party of the second part does hereby agree that the said sum of seventy-five hundred ($7,500) dollars, the consideration for the conveyance of the land aforesaid, may be applied as agreed, upon its proportion due on account of Said Twelfth Street Bridge now in process of construction; and it does further covenant, promise and agree to pay to said City of Miami, annually, upon demand, its proportionate part of the balance due upon said bridge, as said amount shall be apportibned by said City of MiaMi,'the said annual amounts to be paid during the' period of •Saidbond issue covering said bridge, and to be paid in like manner, and with like interest. IN WITNESS WHEREOF, The parties hereto have this day set their hands and caused their corporate seals to be affixed, this 19th day of August A. D. 1916. CITY OF MIAMI BY Attest: P A.Henderson TM.�. (Seal) Mayor. W. B. Moore, __ CH y Clem Attest: (Seal) J. R. Tatum (Seal) Secretary SALARY OF BUILDING INSPECTOR Hon., Board City Council: Gentlemen: THE MIAMI TRACTION COMPANY BY B. B. Tatum (Seal) President Miami, Florida, Aug, 17th,1916. The Building Inspector's office has become a very important office to the City of Miami, and the duties of the office has of late become very laborious. I have to do a lot of hard driving in my car to make the rounds and inspect the buildings being built in the city. I therefore ask your consideration as to raising the salary of that office to S150.00 per month. I have been in the office five months and haoe collected in that time S2,03R.50. Thanking you in advance, I am. Yours truly, D. B. Walker. On motion duly made and oarried, the salary of the building inspeotor was made $135. per appropriation to be made in the budget fobs a000rdingly. BILLS AGAINST THE CITY and July Department bills for the months of April, May and June, 1916, were read by the olerk and the auditor was authorized to draw vouohers in payment when funds are available. ORDINANCE REQUIRING TEAT ALL TELEPHONE ELECTRIC LIGHT AND TELEGRAPH WIRES BE PLACID UNDERUSOUND AND THAT ALL TELEGRAPH TELEPHONE AND ELECTRIC LIGHT POLES BE REMOVED IN THE DISTrtICT DESCRIBED AS FOLLOWS 13th Street from Boulevard .to Avenue 2 Avenue B from 11 to 13th Street Avenue 0 from llth to 13th Street Avenue D from loth to 14th Street. 1^; The ordinanoe was read by the clerk for information of oou mil and on motion duly made and oarried was.&eferred to the street committeeman and oity engineer. h, 1 .%± a.f .,.'• month }' ` v,! 1z a :,-R } ri' . ^ , t r r,_�,.� kS... 'P r•" ✓:Gy } � ,?',`r 4 ..� K ; . ,p.,rt "cfi,.r, ; "7 '$w w. r <r} r A;Y 4 or% Ak a Wi i R � had oen trideritt�od° eli ld, ia°.�herti�� w gr#6" X µ to `that the said consideration of Severity -five 'httidred ($7,50t) DoUeire S ,1 be credited upon the proportion that th8 party of the second part rwrill owe to tahe:,iarty. of the drat 'part, under its franchise , on the Twelfth street Bridge. now inpto eW of construction, and it is the desire and intention as one of the eon Sideratiohe for the conveyance of said land that the remainder of the proportion due by the party of. the second part on the said Twelfth Street Bridge shall be divided into equable pay- ments, after deducting the said $7,500; NOW, THEREFORE, In consideration of the premises, it is hereby covenanted, promised and agreed by it'd between the party of the first part that it will, and does hereby, credit the party of the second part with the sum of !7,600. on the cost of the Twelfth street Bridge now in process of construction, end it does further cove+ nant and agree that it will, as to the balance due by the said party of the second part after deducting the said $7,600. payment; divide the same into annual payments to run for the period of the bonds issued by the said City of Miami for the construe- tion of said bridge, and to be paid in the same manner and on like terms, and with like interest. P• S 10 % i% rq Regular Meeting'bf oounc LXINS OOLLEOTION OF FOR Bh:1U AN1NT PAVING OONTI MEMORIAL TO CONGRESS 0ounoiiman E. 0. Romfh introduoed the following resolution Resolution No. 1083 Whereas, Lots 19 and 20 of blook 105 North, of the City Of Miami:,"ie United States Government property at present 000upied by a federal building; and Whereas, The oity of Miami heretofore, to wit: on the 4th day of JuulY ,1914,. ob +3.etad permanent pavement along Eleventh Street running along the south side of said lets, the cost of said paving aggregating the sum of $1353.90; and oompleted permanent pavement along Avenue 0 running along the east side of said lots, posting an aggregate Of. #1599.34; and Whereas, The City Charter of the City of Miami provides for the assessment of permanent paving improvements against the owners of adjoining properties, the one half due to be assessed against the United States Government property above desoribed aggregating along the twp streets the sum of #1476.63; and Whereas, the property of the United States Government used for government purposes ie exempt from taxation and the said oity of Miami holds no liens against said property. for the payment of said sum: Now, Therefore, Be It Resolved, by the pity oounoil of the oity, of Miami, Florida, that the United States House of Representatives and Senate be petitioned to anent legislation to reimburse the oity of Miami for the oost of said street improvements in the sum of #1476.63, together with interest thereon at six per oent per annum from the 4th day of July 1914. Be It Further Resolved that the Representative from this district and each of the United States Senators representing the state of Florida be furnished a copy of this resolution and earnestly requested to introduoe a proper bill seeking the relief above prayed for. Adopted this 17th day of August, 1916. • Caspar Hefty Attest: Pres. oity Council s. B. Moore, City Clerk. Moved by M. G. Ralston, seconded by C. F. Filer that Resolution No. 1083 be adopted. On roll pall all voted yes. PROJECTIONS OVER THE SIDEWALKS OF THE CITY The pity attorney stated that he had prepared an "Awning Ordinance" at the request of the Chamber of Commerce. Building Committeeman F G Erfert stated that he had looked over the ordinanoe and saw no objotion to it exeept the clause whioh.allowed tin or oorrugated iron awnings which clause should be strloken from the ordinanoe. Counoilman Wharton introduoed the ordinance as follows: Moved by C. reading and Moved by N. reading and ORDINANCE NO. 215 F. Filer, seoonded by F. G. Erfert that the ordinanoe No. 215 be given first read in full motion carried. The ordinance was read in full G. Ralston, seconded by W', 0, EsOkt that ordinanoe 215 be given second mad by title only. Motion oarried. The ordinance was read by title only. STRUCTURES UNDER SIDEWALKS AND STREETS OF THE OITY OF MIAMI. Counoilman Wharton introduced the following see* Ordinance ORDINANCE NO. 220 , AN ODINANCE TO BtEVENT AND PURISM THE CONSTRUCTION OR USE WITHIN THE CITY OF MIAMI OF ANY EXCAVATION VAULT CELLARWAY OR OTHER SUBSTRUCTURE BENEATH OR UNDER ANY•SIDEWALK OR BELOW OR ACROSS ANY STREET OR SIDEWALK Moved by H. G. Ralston, seconded by F. G. Erfert that Ordinance No. 220 be given first reading and read in full. Motion carried. The ordinance was read in full Moved by H. G. Ralston, seoonded by F. G. Lrfert that ordinance No. 320 be given second reading and read by title only. Motion oarried. The ordinanoe was read by _title only. DAMAGE TO MOTOR CARS OF JOHN SEYBOLD AND O. W. BELL CAUSED BY STRIKING AN OBSTRUOTION ON AVENUE M. Mr. Hefty: I have some bills here oovering repairs to two motor oars damaged Dn Avenue*, One oar was passing another and in trying to avoid each other, one of the oars strMek.a stump and then struck the other oar; the damage was about #54 The stump is on the right way of Avenue M. Moved by F. G. Erfert, seconded by F. N. Wharton that the bills be paid. Motion carried. DOOK AND HARBOR ESTIMATES FOR THE MONTH OF JULY 1916 The estimates oovering work done by Bowers Southern Dredging Co. July #7236.54: Isham Randolph & 0o. supervision, 1046 The estimates were duly approved by the committeeman end on motip , oarried the auditor was instructed to draw ua ;ere .its, Avigtuot 17, 121e. PROPOSED ORDINANOE FOR THE REGULATION MOTOR DRIVEN VEHIOLES Ordinance No. 214 This ordinanoe was read by the clerk as a matter of information and on motion duly made and oarried was referred to the Mayor, Ogief of Polioe and Polioe Commissioner for investigation and report to oounoil. PARKS PARK SITE AT 00EAAN BEACH Mr. Ralaton: Under the terms of the deed by which Mr. Collins oonveyed the land at Ocean Beaoh to the Oity of Miami for a park site, he oan oanoel the deed unless the pity oarries out the spirit of the oonveyanoe which provides that we must from time to time spend.auoh money as is necessary to improve the land for park purposes. I would like authority to have Mr. Pfeiffer draw up plans with the idea of immediately going ahead and spending a :ew hundred dollars for improving this park sits./ On motion duly made and oarried the Park Commissioner vas authorised to employ Arohiteot Pfeifer to draw up plane for the developement of the Beach Park. Motto oarried. CAUSEWAY REPORT OF THE PARK OOMMISSIONER ON THE PROPOSED PLAN TO PROVIDE A OAUSEWAY OF SUFFICIENT WIDTH TO ALLOW A ROW OF LOTS ON EITHERSIDE TOF THE ROADWAY AND SELL THE LOTS IN ORDER TO PAY THE COST OF THE CAUSEWAY Mr. Ralston: This mattervas referred to me and under our praaent•oharter we oan not bond for such purposes. 0n motion duly made and oarried the report of the Park Commissioner was aocepted. ISLAND CREATED AT THE EAST END OF THE SNIP CHANNEL Mr. talston: We have created a large amount of land at the east end of our ship ohannel and the Bowers Southern.Dredging Oo. ask whether.we want to enlarge the island or whether we will allow them to pump sand and rook from the oha$n®l onto what.is known as the old Government Dumping grounds. Mr. Ramdolph says that.troma channel standpMgt. it is immaterial. We will save it by putting it on the island and lose it by putting is on the dumping ground. We should also secure a deed for that island ae our present deed only oalls for a strip 215 feet wide. After considering the matter, on motion duly made and oarried the council instructed tha-, the sand, rook, eto. from the ohannel shall be pumped onto the island and not the dumping ground. MUNICIPAL RAILWAY Mr. Ralston: I took up with the F E 0 Ry. the matter of the operation of Municipal Ry and Mr. Beckwith states he will give us a definite reply when we have submitted plans showing our railway facilities. HARBOR LINES A blue print, showing tentative harbor lines, Biscayne Bay, was presented by Mr. Ralston and after some discussion it was referred back to the oommittee for further investigation in connection with the oity engineer. MIAMI RIVER APPLIOATION OF LOUIS FINE TO MAKE FILL ON WEST SHORE OF RIVER JUST NOTH OF ELEVENTH STREET Mr. Ralston reported that he had interviewed the Government Engineer who stated that Mr. Finals plans for making the fill would not interfere with the proposed shore lines for the River and therefore saw no reason to offer an objection to the work being done. Moved by H. G. Ralston, seconded by F. G. Erfort.that the clerk notify Maj. Ladue that the city has no objection to the fill proposed to be made by Mr. Fine. Motion oarried. BILLS AGAINST THE OITY J. J. JONES FOR TREATEMENT OF STREET DEPT. LIVE STOOK li The Bill of J. J. Jones, for ;S0 treatment of street department stook was proe}..flted and on motion duly made and oarried the auditor was instructed to draw a voucher in . settlement. BUILDING PERMITS REFUND OF FEE PAID BY SOUTHERN.METHODIST CHURCH Mr. lrfert: I have looked into the matter of building permits for Churche4 and can't find that any oharge has ever been made and I move that the ;5. paid by the Southern Methodist Church on their parsonage on ►venue-0 be refunded. Motion esoondedt; y Mr.. Wharton and duly oarried. MUNICIPAL RY RIGHT OF WAY PAYMENT OF BILL OF T. O. HAMPTON FOR REPAIR$ TO EZS SOUSE. MOVED OFF THE RIGHT OF WAY AND CLAIMED TO HAVE BEEN DAMAGED Mr. Raletonratated that he had agreed to pay Mr. Nampt4n $45. for the work necessary on his house after it had been moved from the right of way and on motion duly made .agdc, oarried the auditor was instructed to draw a warrant against the proper And.. On motion duly made and oarried oounoil adjourned until 730 P.M. August 21, 1914 Attest: City Auditor. X.'