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HomeMy WebLinkAboutCC 1916-09-07 Minutes• 16, • 4S 4 i` A210 REGULAR MEETING OF CITY COUNCIL THURSDAY SEPTEMBER `7tt i CHAIRMAN HEFTY 7 30 P.M. Members present: F. G. Erfert, F. H. Wharton, E. L. Brady, 0, . Filer, L T, Hight°` man, C. Hefty. BUILDING INSPECTOR APPLICATION FOR THE POSITION The clerk read a oommunioation from a party by name Snyder (initials not given) making application for the position of pity building inepeotor and on motion duly.made and oarried the communication was reoot ed and referred to the mayor. PARK COLORED TOWN The olerk read a communication from the Colored Board df Trade as to suitable parks for colored town, and on motion duly made and oarred the oommjnioation was referrred to Gemrnitteeman on Parks. FIRE'DEPARTMENT MAINTENANCE AND OPERATION FOR THE FISCAL YEAR. Dr. Atkinson, as acting President of the Chamber of Commerce, addressed Coutoil as&ing.that the Fire Department be maintained to the standard for a first olass rating for the mercantile seotion is the one to suffer most be going baok to the second class rating. Mr. Helm addressed Council asking that the Fire Department be maintained to the first class rating standard, and if this oannot be done otherwise inorese the budget for this had better be done than to inorease the insurance rates on the mercantile section twenty-five thousand dollars. Mr. Talley addressed council showing that the rates have been reduoed over the entire town and especially, in the mercantile section. The rates in the residential section under the second class rating were seventy-five oents and now under the first class rating only fifty oents. He also states that the City has not lived up to the standard agreed to when it was put on a first class rating. He quotes the following as a wire frow Mr. Parker of the Southe.-Eastern Underwriters Assooiaten , f The reduction in the fire deparment of four men would put Miami on and Class rating*. One things needs to be done, says Mr. Talley, is the amending of the Building Code. The electrical code comes up teethe standard of the Association. In addition to the keeping of the required number of men the Waddell Station should be opened. By keeping the Waddell Station closed violates the City's agreement for the closi:ig of this station some time ago was only temporary. If Miami should be put bank on the second class rating it wou d required a great deal more to get it back to the first olass than it did before, even more than it would t continue to maintain the stations at the present cost. Also, by the present first olass bating the merchants get better protection by the using of the oo-insuranoe olause embodied in the fire insurance policies. now used. Mr. Wharton:asks the question, How do we save money by using the oo-insuranoe clause? Mr. Talley:, replies, That by using the oo-insuranoe clause you oan oarry full proteotion under the new rating whi..e under the old you could only oarry one half the protection for the amount of money now paid. Mr. Highleyman addressee the council. We oannot afford to lallow our fire department to be reduoed even if there are only two or three other cities that spend more for fire protection than we do. If we have bou.ht to muoh equipment someone has made a great mistake and now sinoe we have this equipment we oannot afford to be without some one to run it. Another eason why we should maintain our fire department to the required strength, is that if we were to have a big fire loss the public would put the blame on us Councilmen for we woz.Ld be the ones to out the department . The amount of money necessary to oarry this department on at its present standing wou._d be very little in increase of what it was last year. I oannot see why it is that we stand bao k on a few thousand dollars for something that is really a neoessity when maybe with fifteen minutes talk some one will get a donation out of the City Council for fifteen or twenty thousand dollars when it wou.Ld be muohbetter spend for the upkeep of our departments that really need it. Mr. Chase when asked when he intends to open station on Waddell Street, spys he will open tQmcrrow if he has. the sufficient number of men Mr. Erfett, When people oome to a new town the first thingsthey look for is what protection they will get. Mr. Hi-hleyman makes a motion that the Waddell Station be open in the morning, whioh was su.Ly carried and on roll call all voted "Yes", and the matter referred to the Fire Commissioner. POLICE DEPAWIMENT. Mr. Fiier, Did I understand that'if we could keep within the Budget that the four men wou d be taken baok on the police department? Mayor Henderson repliee, that to stay within the budget it is neoessary to leave off four men. Mr. Hefty replies that to put on four men the salaries will have to be reduced. Mr. Filer makes motion ," that the four men be re -instated", which was duly passed with the understanding that they stay within the budget, and on roll pall on voted yes. !'axes , 1916. EXCESSIVE VALUATION, Mr. Reilly address oounoil in behalf of the F. E. C. Hotel Company as to exoese valuation on the Royal Palm Hotel, Golf Likke and water front on the Bay from l2th to 14th Str_ets . Mr. Erfert replies, that the books have been closed at the last meeting. Mr. Hefty suggests that a refund be made at time of payment On account of it being hotel property, ana water front for the benefit of the public, which waeagreed on by the Council. PETTY CASH BILLS OF CITY r'LERK. Mr. Wharton makes motion that these petty oash bills be paid and on motion duly made and serried these bi11e were ordered paid. CANVASS ELECTION RETURNS OF TELEPHONE FRANCHISE. Moved by F. G.,, Erfert , seconded by F. H. Wharrton that the oouncl], hang O the.,.returr►e, rant 1xa-4 , ri iwPrei 4,0 opt434_ as ver. o. :`;T9.01004419 can a. x:e r,'ne +�ar►c rt, .; .a..K.r.wl. ( The inspectors A. 0. Rioharde, W. E. Glenn and Jae. A. Dodge,.and the•O.erk- °°J. D. Godman, under oath, oertified that the oorreot returns of said eleotiOn'Weyre 4s follows: total votes oast 113 • for the franchise 109 against franchise 3 speled 1 W. H. Ohailie, originally appointed an inspector, was unable toterve at the franchise election held on August 29, 1916 and W. E. Glenn was eeleoted in his place; F. W. Hahn was unable toeerve and Jas. A. Dodge was duly selected and qualified in plaoe of F. W. Hahn. CITY CLERKS PETTY CASH BILLS The city clerks petty cash bills, amounting to $283. were presented and on motion duly made and carried the auditor was instructed to draw vouohers to reimburse the clerk's petty cash fund. ESTIMATES FOR THE MONTH OF AUGUST The city engineer presented the monthly estimates, duly approved byuthe street committeeman as follows: Estate of R. B. Fickle, construction of highway improvements Brickell Ave. H-5, amount due $2312.59 Avenue J, H-7, " 942.81 J. R. Little, Storm Sewers 1 and 2 and house connections 4aving Dist. 46 to 51 inc. Amount due, 8661.29. Freealund Construction and Supply Co,,,pny Osceola Road H-23 Amount Due 740.52 Avnue P. H-24 " " 109.67 Boardway H-25 " " 737.10 Kathryn Avenue H-26 " " 57.44 Bay Shore Drive H-27 e e 95.07 25th Street H-16 " " 540.00 • Avenue H. H-20 " " 368.25 Harward Avenue H-1 " e 280.24 Be-v. Road H-4 " " 253.44 Averue J. H-7 " " 112.55 12th Street H-11 " " 121.49 9th Street Special " " 92.29 John J. Quinn Company Sewer Construction. Resolutions 454-B Amount Due 1259.79 L. R. Blackmon Sidewalk Districts 8,9,10, and 11. Amount Due $ 1422.71 Biscayne Construction Company Brickell Avenue H-40 Amount Due 1800.00 M. F. Corner Bridge Construction. 12th Street B:idge Amount Due 6967.93 Harrington, Howard & Ashe supervision of Bridge Construction. 2% Amount Due M. F. com r 139.36 ORDINANCE AMENDING LICENSE TAX ORDINANCE. Councilmen F. H. Wharton introduced the following ordinanoe: ORDINANCE NO. 221. AN ORDINANCE AMENDING SECTION THREE OF ORDINANCE NO. 194 HERETOFORE ADOPTEL BY THE CI1Y COUNCIL. moved by L. 'i. High.ieyn:an, seconded by F. G. Erfert that Ordinance No. 221 oe rea.. in ful . Motion carried. The Ordinance was read in full. Moved by L. T. Hi;;hleyman and seconded by 0. F. Filer that Ordinance No. 221 be given second readin.- an read by title only. Motion oarried. The Ordinanoe•wae read by title only. ORDINANCE: REGULATINU SALE F NEAR BEER. Councilman _L. T. Highleyman introduced the followingrordinanoe:- ORDINANCE NO. 232. AN ORDINANCE REGULATING THE PLACE OR PLACES OF BU$I1ISS OF ANY PERSONS FIRMS OR CORPORATIONS ENGAGED IN OR OARRYING ON THE SALE OF NEBR BEER FERMENTED OR MALT LIQUORS CONTAINING A PERCENTAGE OF ALCHOHOL NOT SUFFICIENT TO PRODUCE INTOXICATION WHEN USED AS A BEVERAGE DEFINING THE HUES WHERE SAME MAY BE SOLD AND PROVIDING A LICENSE MAX FOR THECONDUOT OF SAID BUSINESS Moved by F. G. Erfert, eeoonded by C. F, Filer that 0rdinanoe No. 282 be given first reading and be read in full. MotionLoarr].ed. The 0rdinanoe was read in fu1., f— • Z�k A2 a �+y • ti r Moved by F. G. Erfert sedo i ed by 0. F. Filer that; second' reading by title. only. O*otion Carried'. only. 0 .NO=, be' 4 r4ii xtoe G'4.$ *4 The Chairman notified the Counoit that Ordinance No, 216'ehould be called UP for dispoeition. Moved by L. T. Hi hleyman eeoonded by E. L. Brady that OidinanCt 216 beinThird and final reading .nd be read in full. Motion carried. Tip Ordinance was read in full. ORDINANCE NO. 216. An ordinance providing for the sue of individual drinking cups and reoeptioles, at fountains and public drinking stands, except where such cups and reoeptioles be washed in boiling water or antiseptic solution, and providing for the washing of glasses, dishes, knives, and forks by persons conducting hotels, boarding houses or restaurants, before such dishes be used a second time, and providing a penalty for the violation hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI: Section 1. That every person, firm or oorporation operating or conducting a publin drinking stand or a fountain or other place where drinks are served, either free of for consideration, shall use individual drinking sups or glasses in serving patrons, except in oaeee where the cups, glasses or reoeptioles so used be washed in boiling water or antiseptic solution after having been used by each individual . Section 2. That any person, firm or corporation conducting or operating any restaurant, boarding house or hotel, shall wash all glasses, dishes, spoons, kn ves and forks in toilingwater, or in any antiseptic solution before a,uoh glasses, dishes, spoons, knives or forks shall be used a second time by any patron of such manager or operator. ' Seotion 3. That the kind of antieeptio solution to be used by any person, firm or ' corporation so as to comply with the provisions of the two foregoing sections, shall be designated by the City Health Offioer upon request . And the use of any antiseptic solution without first oonsulting the City Health Offioer and obtaining his permission to use same, shall bet be sufficient to operate as an observance or this ordinance. Seotion 4. That any person, firm or corporation voilating any of the provisions of th foregoing sections shall, upon conviction thereof, be fined not more than $ 100.00 or imprisoned not more than sixty days, or shale be Both fined and imprisoned not exceeding said amount and said' period, in the discretion of the oourt. Adopted this 7th Day of September 1916. Attest. W. B. Moore , City Clerk. Caspae Hefty, President of City Council. Moved by F. G. Erfert, Seconded by F. H. Whaitton that Ordinance No. 216 be ad-apted. On roll call all voted yes. ORDINANCE TO PREVENT CONSTRUCTION OR USE OF E?CAVA'TlONS BENEATH THE STREET AND SIDEWALK' Chairman Hefty called ur Ordinance No. 220 for the third and final reading. Moved by F. H. Wharton and seconded by F. G. Erfert, that Ordinance No. 220 be given third and final reading and be read in Mull. Motion oarried. The Ordinance was read in full. ORDINANCE NO. 229. An Ordinance to prevent and punish the construction or use within the City of Mi of any excavati,.m, vault, oeliar-way of other sub-etruotere beneath or under any aidiwai or below or across any ei.a.:walk or street. Be It Ordained by the pity Council of the City of Miam-, Florida. Seotion 1. No person, firni or corporation with the limits of the City of Miami, shall construct beneath or under any sidewalk, any excavation, vault, oellar-way or other e1 structure, beneath or under any sidewalk or below or across any sidewalk or street with the Ci.•y of Miami; nor shall any person, firm or corporation make any openings through any street or sidewalk in the City of Miami into any such oellar-way, excavation or other sub -structure; nor shall any person, firm or corporation, use any such sidewalk f area -ways, cellar openings, underground vaults or other sub -structure, for any purpose whatsoever. Nor shall any person, firm or corporation within the City of Miami, erec oonet,uct, operate, use or permit to be used or to exist in front of any building used or occupied by such person, firm or corporation in the City of Miam , any suob areaway oellar, or opening or other sub -structure neneath the sidewalk, for the purpose of trap porting through the same, any goods, merchandise or other articles. Seotion a. Any person, firm or oorporation voilating any of the provisions of this Ordinance, shall upon conviction, be punished by a fine of not less than $ 5.00 gar:tor greater than $ 100.00 or by imprisonment in the City Jail not less than thirty days , m more than 90 days, or both fine and imprisonment; and ev ry day tilat duck area -way, eel or underground sub -structure shall exist, shall be considered a separate and distinct offense, and likewise every time that such sub-struoture shall be used for transporting goods through the same, shall constitute a separate and distinot offeeeei and such pers firm or corporation shall he liable to fine and imprisonment or both for each offense. 4a Seotion 3. That all ordinances or parts of ordinances in oonfliot lath th be , and the same are hereby repealed. Adopted this 7 th day of September 1916.. Attest , W.B.Moore, Qity Clerk. Caspar Hefty, President O' moved by L. T. Highzeyman seconded On roll call a13 voted yes. ORDINANCE REGULATING CONSTRUCTION Chairman Hefty called up Ordinanoe F. H. Wharton and seconded by O. Y. Fzler,'fit c p y. 4444. by 0. F. Filer that Ordinance No. 00 be adopted. ordinano AND DESIGN OF AWN.INQS. No. ale rx :t0.hl d and, Jtl reeding. and be read in full. MOtion -carded.: The Ordinance was reed in fUlll. ORDINANCE NO. 818. AN ORDINANCE prohibiting the construction or projections and regulating the kindo of awnings that may be used over the sidewalks or streets in Oertain aonea in the business a section of the City of Miami, Florida; establishing seines within which it ehh11 be unlawful to oonstruot any kind of projection over sidewalk or street, and within which awnings ate regulated; declaring projeotione and oertain kinds of awnings already obnetruoted within said sone to be a nuiaanoe, and providing for the removal thereof, and prov ding for a penalty for the violation hereof. BE IT ENACTED By the City Council of the Oity of Miami, Florida, Seotion 1. That' it shall be unlawful for any person, firm or corporation to oonstruot or cause to be constructed any overhead poarch, veranda, stairway, bay windon, awning, marque awning, iron poste, wooden posts, overhead signs or other kind of obstuotion which projects in whole or in part over any part of a sidewalk or street within the sone herein- after designated as the " Business Zone"; provided, however, that awnings and marque awnings complying with the following regulations shall be permitted; Vie: a. Awnings covered by canvass, oloth or leather of light and pliable substances and securely attached to the building and properly supported without posts by iron or other metallic fastenings and supports, which shall be elevated at least seven feet at the lowe.'t part thereof above the top of the sidewalk or street and shall not project over the sidewalk to exceed the widtn thereof. b. Marque awnings whioh are not supported bb posts but which are supported by tads and ohains from above; said marque awnings to be covered completely with metal and kept in good repair, and elevated at least nine feet at the lowest part thereon above the sidewalk or street. o. Flat metal awnings to be oonstruoted of regular width strips running from top to bottom, fastened at top with at least two inches of hail round mould, and at bottom with two pieces of 1 to 2 inches of half round mould, bolted or screwed to the bottom of the flat iron. The frame of such awning to be eonstruoted of iron, to have a neat appearance and to be supported by chains or rode from above and painted on both sides, ana to be elevatea at its lowest part at least 9 feet over the sidewalk or street, Section 2. There is hereby established and oreated a sone to be known as the " Business Zone", Which shall cover the following streets: On 12th Street from the Bay to the Florida East Coast Tracks. On llth Street from Biscayne Boulevard to the Florida East Coast Tracks. 0n avenue A. from loth to 12th Streets, 0n Avenue B from loth to 12th Streets. 0n Avenue C. from loth to 14th Stre ts. 0n Avenue D. from loth to 14th Streets. On Court Street from llth to 12th Streets. Section 3. That all overhead porches, verandas, stairways, baywindows, awnings, iron posts, overhead sighns or other kinds of obetuotions whioh project in whole or in part over any rart of the sidewalk or street within the one hereinbefore designated as the " Business Zone ", which do not oome within the provisions of sub -divisions a,b and c of Section 1 of this ordinance be, ana the same are hereby declared to be a public nuisance, and ordered to be removed within sixty days after this ordinance shall to into effect. Provided, however, that baywindows at present constructed projecting not m re than three feet over the sidewalk or street, and oonorete of iron porches and rerandas at present oonstruoted of a permanent nature support- ed from beneath by concrete poste, whioh add to the artietio beauty of the City, snail Slot be deemed as Doming within the provisions of this section. Section 4. Any person, firm or oorporation, who shall erect any awning contrary to the provisions hereof, or who shall const.Luot any form of projection, or who shall reuse or neglect forthwith to remove any awning or projeotion hereto fore or hereafter erected contrary to the provisions hereof, shall be subject to a penalty of $ 10.00 for every offence, and to the further penalty of $ 5.00 for every day Be shall fail to oomply therewith after written notice from the building inspector to remove same. • Passed and dopted this 7th day of September 1916. Attest, W.B.Moore, City Clerk. Caspar Hefty, President City Council. Moved by F. H. Wharton seoonded by E. L. Brady that Ordinance No. 215 be adopted. 0n roll call all voted yes. i, the Chairman notified the Council that Ordir_a.noe No. 217 should be caned u p for disposition. Moved by L. T. Highleyman Seoonded by F. G. Erfert that Ordinance Not 217 be given third and final readjrag and be read in full. ii ORDINANCE NO. 21?. ORDINANCE REGULATING WE1UH'r OF VEHICLES USED ON STHEE•rS OF MIAMI.? FLORIDA. An Ordinance regulating weight of vehicles used on streets of Miami, Florida, and imposing penalty. BE IT ENACTED BY THE CITY COUNCIL OF MIAMI, FLUx1DA; ' Section 1. it snail be unlawful for any person, firm or corporation, or the agent of any person, firm or corporation, to uee or oauee to be used an any publio street or road within the incorporated limits of the City of Miami, Florida , any wagon, truck, automobile, sight seeing oar or other vehicle equipped with steel tiles, or times oonstruoted of other hard unresisting metal or composition whioh shall weigh, taking the combined weight Ij of the vehicle itself and the load oarried, more than three tons; provided, however, that this section shall not app.Ly to road rollers. • Ana provided further, that vehig).es properly equipped with modern hard rubber tires of not less than seven inches in width, or modern ii pneumatio rubber tires of nut less than six inches in diameter,sfall be entitled to carry loades, taking the oombined weight of the vehicle itself and the load carried, of not more than ten tone. Seotion 3. Aner person, firm or corporation, or the agent of lion violatinganyof the g any person, firm or oorpors� prvisione of this ordinance, shall upon conviction be punished t7;a, I by a fine of not exceeding $ 1 0.00, or by imprisonment not exceeding sixty daye, Or both such fine ana imprisonment.by . • wt' j A210 both euoh fine and imprisonment. Section 3. This ordinance is deolared by the Oity 00unoil to be neCOOSary for the imm8C preservation cif public safety and welfare and shall ge into a 'feet immediately after kite adoption and approval by the Mayor. Adopted.this ,7th day of $eptember 1916. Attest. *.B,Moore, City Clerk. Caspar Hefty, President City Council. Moved by F. H. Wharton seconded by D. F. Filer that Ordinance No. 217 be adopted. 0n roll call all voted yes. RESOLUTIONS NOS. 1086- a 1086-A. 'SANITARY SEWER & SEWER IMPROVEMENT NO. 16. Motion made by F. H. Wharton and seconded by 0. F. Filer that Resolutions Nos. 1086 and 1086-A be introduoed. RESOLUTION NO. 1086. D.etriot 16. Sanitary Sewer Improvement No. 16. Be it resolved by the Oity 0ounoil of Mami, Florida: That the construction or the following desoribed improvements is hereby ordered to be made; the City Council hereby setting forth its intention to predeed under Seotion 16 of the City Charer. Description of highway or part thereof to be improved, or sidewalk to be oonetruoted, sewer to be laid. The material, nature and oharaoter of euoh improvLment with the termin points and width•thereor: District No. 16. The construction of an 8" vitrified pipe sewer on 14th ggtreet, from Avenue "K" to Avenue "M"; on lltb St. from Avenue "M" to Avenue "N"; on 10th St.. from Avenue "M" to Avenue 'RI"; on Avenue "M" from 9th St. to 12th St.; on Avenue "N" from 10th St. to 12th S The City Engineer is hereby directed to prepare and to file with the City Clerk plans and speoificatione of said improvemente and an estimate of the post thereof, inoluding an estimate of the cost or the expenses or preliminary and other surveys, the inspection and superintendence of the work, the preparation of plans and specifications and estimate the printing and publication of notioes and prooeddinge, the preparation of bonds and any other expenses necessary and proper. This improvement shall be designated in all pro- oeedings, abeeesmpnts and bonds as Sanitary Sewer Improvement No. 16 and the property against whioh aesesements may.be made for the cost thereof hereunder shall be designated as District Sewer No. 16, Passed and adopted this 7th day of September A. D. 1916. Attest. , President City Counoil. District 16. W.B.moore,•City Clerk. *Caspar Hefty RESOLUTION NO. 1086-A. Sewer Improvement No. Ie. Whereas, on the 7th day or September 1916, the City Council passed and adopted a resolution ordering the improvement designated as Sanitary Sewer Improvement No. 16, District No. 16 and direoted the City Engineer to prepare and file plans and specifications of such improvement and as estimate of the oost thereof, including an estimate or the incidental expenses, and the said plans and specifications and estimate of cost and estimate of incidental expenses have been filed by the City Engineer with the City Clerk. Therefore, Be It Resolved by the City Council of Miami, Florida, That'the City C..erk shall oause to be publiened for a least once in the Miami Herald, a newspaper of general circulation in the City of Miami, a notice stating that at a meeting of the Cit Council or Miami,_t._ be held at the City Hall in the City of Miami, on the 21st day of September 1916, at 8:00 o1olook p.m., the City Council will hear the remonstrances of all persons interested to the confirmation of said resolution ordering said improvement. Passed and adopted this 7th day of September 1916. Attest. W.B.Moore, City Mr. F. G. Erfert.: rncvsd rceso.,ution No lUbb ana call all voted yes. Police Clerk. Caspar Hefty, President City plans for that the Sanitary Sewer District No. 16 be 1086-A be adopted• Motion Seconded by E REPORTS FOR THE MONTH OF AUGUST, Fines collected Work of prisoners Cost of feeding Builuing inspector BUDGE'l'FOR 1916. 133b.35 178 Days 219,b0 99 permits. value of builaings Council, *accepted and that L.•Brady. On roli 200,270. Fees oolleoted 5449c00 Council diacu a-:ed the budget and after fully considering the matter to hold it over until the first meeting in October, Attest.. President •City Council. City W.erx. r 1