Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CC 1916-10-05 Minutes
A'YTi REGULAR MEETING OF CITY COUNCIL THURSDAY V' C�viddER 5; 191 , CHAIRMAN HEFTY 7 30 P.M. MEMBERS PRESENT: F. G. Erfert, F. H. Wharton, E. L. Brady, 0. t, File E. C. Romfh, L. T. Highleyman, C. Hefty,.. ORDINANCE NO. 217 AN ORDINANCE REGULATING THE WEIGHT OF VEHINLES USED ON STREETS OF MIAMI FLORIDA AND IMPOSING PENALTY The clerk read the following letter from the Mayor, wherein he declined to approve this ordinanoe: P. A. HENDERSON W. B. MOORE MAYOR 1 CITY CLERK tows *,NCO 8 6 TE/_.A FINANCE AND PURCHASING DFyPARTMENT C. H. REEDER, AUDITOR Gentlemen: MIAMI, FLORIDA 0otober 3rd, 1918. 1 return herewith Ordinanoe No. 217, unapproved. 1 believe the load limit for motor vehioles with rubber times should be inoreased to at least twelve tons, otherwise a great many operating such trucks will be deprived of the benefit they hoped to seoure when purchasing these expensive vehioles. It is also suggested that the load limit for steel tired vehicles should be governed largely by the width of the tires beaouse a narrow steel tire, heavily loaded, will injure the surface of a street a great deal more than the same or a heavier load on a rubber tired vehicle or a vehicle equipped with steel tires of greater width. The effort to protect our paved streets is certainly appreciated but it is my personal belief that a great many business men, who have paid h4-vy assessments for street improvements, will suffer more from a restricted loading of their delivery trucks and we,gons than the streets will be injytred by loads in excess of the limit provided by this ordinanoe, espeoially if a graduated,,' loading scale is adopted for steel tired vehicles. Respectfully, Moved by F. H. Wharton, seoondeo. by C. F. Filer, that the mayor's veto be sustained. On roll call all voted yes. ORDINANCE NO. 215 • AN ORDINANCE PROHIBITING THE CONSTRUCTION OF PROJECTIONS AND REGULATING THE KINDS OF AWNINGS THAT MAY BE USED OVER THE SIDEWALKS OR STREETS IN CERTAIN ZONES IN THE BUSINESS SECTION OF THE CITY OF MIAMI florida; ESTABLISHING"ZONES WITHIN WHICH IT SHALL BE UNLAWFUL TO Q.NSTRUCTANY KINDOF PROJECTION OVER THE SIDEWALK OH STREET, AND WITHIN WHIGS AWNINGS ARE REGULATED; DECLARING PROJECTIONS AND CERTAIN KINDS OF AWNINGS ALREADY CONSTRUCTED WITHIN SAID ZONE TO BE A NUISANCE, AND PROVIDING FOR THE REMOVAL THEREOF,, AND PROVIDING FOR A PENALTY FOR THE VIOLATION HEREOF. The clerk read the tol O�►Sug,° �fi� .tr,4an .tbe Mty or 01 y . ordinance; the or ;,���, ,.::. �.t=~::.� � �•� -�-: a ti Regulali. o et 6, 1" 16 W. a. MooR < CITY CLERK MIAMI, FLORIDA FINANCE AND PURCHASING DEPARTMENT C. H. REEDER, AUDITOR Hon. City Counoil, Miami, Florida. Gentlemen,: Ootober 3, 1916 .4' I return herewith Ordinanoe No. 215, unapproved, for the reason that it does not provide for the removal of the present unsightly awnings., and seeks to do away with the very neoessary and useful concrete awnings whioh, in my opinion, should be encouraged. For inetanoe, the concrete awnings recently erected by Mr. Waddell on Avenue D and by Mr. Wofford On Eleventh Street, in addition to adding to the appearanoe of the buildings, certainly make for comfort for the occupants, and I do not believe that such oonstruotion should c'""",,e be prohibited. Very reepeotfuliy, Mayor. 4 Moved by F. H. Wharton, seconded by C. F. Filer that the mayor's veto be sustair. Un roll call all voted yes. _ ORDINANCE NO. 214 AN 0RLINANTCE FOR THE PURPOSE OF REGULATING THE DRIVING OF MOTOR DRIVEN VEHICLES UPON THE STREETS, ROADS AND ALLEYS OF THE CITY OF MIAMI AND FOR THE PROTECTION OF THE TRAVELING PUBLIC: PROVIDING FOR THE EXAMINING AND LICENSING OF PERSONS TO DRIVE SAID MOTOR DRIVEN VEHICLES: AUTHORIZING THE LICENSING OF SAME AND PROVIDING A PENALTY FOR THE VNOLATIONOF THIS ORDINANCE. d. mayor Henderson stated that he had given ooneiderable thought to this ordinanoe and had concluded not to approve it, for several reasons that he did not think the age limit should be so high as twenty one years; did not think an examination neoessary before a permit to drive an autmobiie is issued, especially a meohanioal examination, and if so he would not be able to drive his own oar. Stated that he also objected to the clause requiting that a man must be a resident of.Miami for six months before he can drive a oar for hire and thought anyone should 12e allowed_tod riv$_a,oar for hire., whether he has been here for one day or longer,- did not think it wquld...be.poegi1le to secure sufficient number of drivers of such oars .in Miami and that some of the loom. drivers might not suit some people who put their oars out for hire; also did not think a Pee shoulc be cha.,rged by the proposed examining board. Also did not think such a Qpard should inquire into a man's physical and mental oondition, as provided in the ordinance Highleyman stated that he did not agree with the mayor as he did not oonsture the the ordinance to mean that a man should undergo a meohanioal examination to drive bis private oar but applies to oars for hire. I know in the North they•have these ordinances requiring th drivers to und,rgo.an examination, and it seems•to"me that 21 years is all right. Whether the ordinance on the matter of six months residence is lawful, t think ie doubtful, but that would have to be taken up. I think we should have some kind of an ordinance regulating and examining chauffeurs, with proper authority under whioh they can handle oars for hire. Mr. Hefty: I don't know whether the mayor is entirely it was requested primarily by the chauffeurs who make surfer in winter from those who don't reside here, and summer it ie not right for outsiders to oome in for a get the cream and skip out. familiar with the ordinance, but . a livelihood in Miami and think they they 40el that e,a they are here all few months during the winter, Mr. Romfh: Your merohante are in the same fix. You can't prevent it Mr. Hefty: We have given the merchants some protection tar. Romfh: You can't put a prohibitive lioenee on so one here months. If people want to oome here and do business Ater paying stay as long as they want to. Can you say that a man must, b a he can drive a oar in town? I think it is t#e_, • EF con ea in tew not vote for it. 1 think a board should be authorited t `"ittii'd t b' ' a to revoke it whether publio or private oar, for intoxication. X Ndt; everyone has to go before a board to get a lioense to drivCa Oar, o.:m. t: ' 4 Ili is dissued and if that is revoked you can't drive Air own oat. That ie data far:" speeding and for intoxication and other things but I don't'think it won:044pp . that a man oan not get a job here as chauffeur unless he has been here six *cntho, .LO. simply designed to shut out the man who comes here to make a living. it:ie a little hard on those who stay here, but 1 don't think it a good law at all. The oitl of., course is interested in the matter of careful driving and the lioenee to drive should , be taken away from one who does not stay sober. Mr. Erfert: If a man has a ohauffeurs lioense in New York, or wherever Le oomes from, he should have a license in Miami, bOt make them payra fee. I think it lis outrageous to force a man to stay here for six months before he oan earn a living at anything. Suppose the oarpenters and other mechanioe ehould do that, you would not have men to do your work, and wages would be ten dollars a day. Moved by E. C. Romfh, seconded by E. L. Brady that the mayor's veto be sustained. Onre11 call all voted yes except Mr. Highleyman. FIRE PROTECTION REQUEST FOR FIRE PLUG AT THE CORNER OF BRICKELL AVENUE AND BROADWAY The clerk read letters from Mr. James Rowe, of Chicago, and Mr. G. L. Miller, of Miami, who have property in the vicinity of Broadway and Brickell Avenue, requesting that a fire plug be installed at the intersection of those streets because of the additional premium charged by the fire insurance companies because there is not a plug within 500 ft. Moved by E. C. Romfh, seconded by F. G. Erfert that the matter be referred to the fire commissioner with power to act, provided that nothing more than a fire hydrant is involved. Motion carried MUNICIPAL RAILWAY PURCHASE OF TRACK MATERIAL The clerk read the following letter: P. A. HENDERSON MAYOR FINANCE AND PURCHASI1 DEPARTMENT C. H. REEDER, AUDITOR Hon. City Council,. Miami, Florida. Gentlemen: W. B. MOORE E. O. ROMFH CITY CLERK FINANCE COMMITTEEMAN MIAMI, FLORIDA October 2, 1916. On September 28, after a oonferenoe with Mr. Brady' and 1ngineer Randolphi.an order wab-placed with the Zellnicker Co. of St. Louis, Mo. for the track material for the municipal railway; however, this company insisted upon Dash erms and also upon inspection of .the material at loading pot. `Pu uave paid oasxi for the material would have - practically exhaul%ed our railway bond fund the balance being insufficient to pay for the grading, labor laying track, the cross and switch ties and to purch'se the additions.l right of way neoessary to obvzatei a3tobjectionaole curve t the point Off connection with the F. E. C. maintrack. Therefore, we wired_Mr. L. H. Metgger, of Mob11e, Aia., a large dealer 11r ra.a way supplies, who immediately oame to Miami and on Monday,.aftef a furthes conferenoe with ,xr. Brady, vie ,placed an order wi'h Mr. Met;.Zr " for the material,on such terms as the city desires to make4 deferred, payments to bear 6'o interest ,and inspection of the materAtI to be had at Miami, which wi.L. insure the city first class rai,1, s1%itObes, etc. me orac:r is as follows: 151 tons 70# rail at $25. per ton ;3775.00 25 " 60# " 25. " 625.; 30 5 # 8 frogs, 70# section 5 eets 121 awltoh points 5 standard grouna throw awiton stands,, at $52.00 per set complete with tie bars, connecting rode, {; 534 pairs angle bars 11 kegs track bolts 40 kegs spikes ,�tU Freight from 4irmingham $5,40 per ton P. A. HENOtRSON MAYOR ^ FINANCE AND PURCHASING DEPARTMENT C. H. REEDER, AUDITOR alr. B. meomit CITY OLCNK MIAMI, FLORIDA The estimate furnished the pity on this material amounted to the sum of $8279.06, which was on new material from Pittsburgh; however, 1 amadvised the mills will not book orders at this time for shipment under six months and the freight rate is almost $3.00 per bon higher than from Birmingham, and the fact that the shipper is will ing, and has agreed to sell subject to inspection here will result in the salt city seouring just as serviceable material as any that could be secured from the mills direct. The saving ,ie l.A.E.EroxLmately $2500. We aek your approval of the purchase. xespeotfully submitted, City Auditor. Moved by E. C. Romfh, seconded by C. F. Filer that the aotion of the Park 0ommittee and auditor in purchasing the rail be approved. Motion oarried. BILLS AGAINST THE CITY bill of Z. T. Merritt, amount $23.b0. for making copy or documents in the case of J. H. Tatum vs the City of Miami involving the land for the approaohes for the 12th Street bridge over the Miami River. Bill dated Sept. 13, 1916. b11.laof Z. T. Merritt, Sept. 11,1916, amount $40.60; Sept. 25, $2.00 and $1.20 for making copies of documents. in the oaee of the City vs F E C Ry., "Bay Fretnt Suit Moved by E. C. Romf'h, seconded by C. Bill of Calawell' Series H. Bill of Calawell Series I. bill.. of Caldwell Sefiee G. &- Masslich, amount & Masslioh, amount &Ma.sslich, amount amount F. Filer that the bills be paid. Motion oarried, $50. examination and opinion $14,000..Bondsg-..... $20O. examination and opinion #208,000. Bonds, $75. examination and opinion #31,000 Bonds; $13.80, disbursements for telegrams, sale of Bill c Caldwell & Masslich, amount $50.6b, examination and opinion and'65# disbursements, $14,000. Bonds, Series.$.. Bill of Caldwell. & Maselioh, amount $50.00, examination and opinion:118,V00. bonds, Series J. moved by L. C. Romf'h, seconded by C. F. Filer, that the bills be paid. Motion oarri BONDS FINAL APPROVING OPINION OF MESSRS OALDWELL AND MA.SSLI0H., the clerk rea", three letters from Messrs Caldwell & Masslioh, dated SeptOgiber 6,I. $ containing their final approving opinion of $31,000 Series 0 Street Bonds, Jany. 1, 1916; $i41Q00ia ; p July 1, 1916 and $208, 000. Series I Bt, eat. Boni 4 d. ft Reg4la :,Ootiinc6 o t On motion"duly made and oarried, the oormunioet6n The olerk.' also read three lettere from CaldWell oontaining,their final approving opinion Of 3ox6 odeiedr r 0 Md3ael�011, tiet ed 3 1'e $1000000. Bridge Bonds, January 1, 1916; 418,Q00. Bevies J otxeeii" Bonds July 1, 100 and 614,000 Series X Sewer Bonds, Juily 1, 1916 • On motion duly made and oarried, the' communications were ordered bOeived and file$,..' TAXES MIAMI WATER COMPANY The clerk read a oommunioation from the oity attorney under date Sept.' 15, 1916, stating the Charter of the Oompany provided for the payment of taxes in an amount equal to ;he charge against the city for water for fire protection. un motion duly made and oarried the oommunioev.ion was received and filed. BAY FRONT FILL CITY'S SHARE FOR THE EvTENSION Hon. City Council, Miami, r'lor ida. OF BIMMERS STREET uentlemen: Herewith I am returning the bill of E. E. Collins for work done for the Wayside Improvement Assn. in making the fill in front of Riokmers Street. It will be noted that the bill or The Bayside Improvement Assn. is §80©. more than Mr. uo111ns' bill. This is, 1 believe, an error of 08.00 under the head of "pro rata expense". The work has been done, as well as 1 oan determine, according to contraot with the Bayside improvement Assn. It is filled utd to grade specifications. xesrectfully submitted, B. H. Klyce city Engineer" Mr. H1;hleyman: That fill is a real estate proposition and i think it would be a mistake tor the city to pay anything. of course 1 would like to get several tho:aand 1 spent makin: street extensions. Mr. Hefty: 1 am satisfied we encouraged these people to go ahead and the city would stand its share of the cost. We oould receive the matter and let the clerk. look up the minutes between now and next meeting. Mr. Klyce: There is some question about one of the property owners who threatens to take off three feet of Riokmers Street. He claims that the property owner on the other slue has encroadhed three feet'. We might ,,-ant to deduct from the bill an amount to cover the three feet. STHEE 1' IMPROVEMENT LIENS COLLECTION OF FOR PERMANENT PAVING IN FRONT OF U. S. POST OFFICE "Washington D.C.Sept. 6, 1916 Hon. W. B. Moore, city Clerk. Miami, rlorlaa. Your letter ox the 2na inst. received. in reply thereto wil.i state, I'em to -day filing your letter and r4solutions and at the next session of congress will see what 1 can do for the city of Miami by lntroductionox a special bill. 1 understand it has not been the policy of the government Or the post office department to pay for paving arQund public buildings, and therefore, .he only possible way to secure j relief, if at all, will be by introduction ox a special bill, as above stated. You can rest assured, 1 wi11 ao the very best 1 oan. with klna reEards, 1 am, W. J. Sears, M.." On motion duly mad and carried. the letter was received and filed. BISCAYNE BAY HARk30R LINES the clerk re, a letter rrom J. W. Saokett, of Col. Ladue,s office, advising that the uolonel .e a;,sent from Jacksonville and the matter of the Biscayne Hay Harbor lines will have his attention soon. un motion duly ma.e and carried the communication was ordered received and filed. MIAMI RIVER PROPOSED FILL BY LOUIS FINE ' 'he clerk read a letter from Col. Ladue's offioe stating that the request of Mr. Fine to make a fill out into the Miami xiver is denied as the f111 will_pxo.jeot beyond the proposed shore lines. Jn motion duly made and carried the oommunioation we,s reoe4ved and filed. BILLS AGAINST THE CITY BILL OF P. S. Patterson, for value of worgtd, ,4eetroyA the Destruotor Plant, 43.60 Moved. by 1 H. Wharton, seconded by E. C. xOrn1A that the-.bil, . b: a:e on. oa rid+ on sanitatloii for investigation. Mot i � irnotobar r. fj Regular Mitaiilg Ootober , 191 Mr. Klyce : it seems that Mr. Patterson hau ad a load of garbage , tO the inoit$" `b-'�isi4 ,igae told to dump it at a oertain point, and it was on a bed of hot ooale slid the ,pgtit.•O aught fire a::a burned up. mr. Patterson: The engineer there btold my driver where to dump it. Mr. Klyoe: The report of the engineer is that the man drove up with a load of excelsior and was told to dump it outside and he states he threw some on the ground where there heal been a fire the day before and in a Yew minutes the engineer heard considerable noise and saw Mr. Pattersonvs man running and his wagon was on fire. The man had apparently teen osi somewnere ana the excelsoor he threw on the ground naught fire and it was oommunioelt ea to the wagon. Driver of the Wagon: 1 drove the wagon ana i. threw on three armfuls of excelsior and ran to the telephone to oall the fire department. mr. Highleyman: it seems if it was done unaer the advise of tne engineer we ought to re- imburse him. PARKS FOR COLORED TOWN "Miami, pia. Oot. b, lylb the Uity Uouncil, Uentlemen: We are writing you in order torequest that if by any means practicable, yot. will at this meting arrange for us some site to be made into a playground for the colored children. We thank you for what things .you have cone ana earnestly request that you will grant this our request and listen to our committee whioh will wait on your at the present meeting. In ar things for the gooa of Miami, we are respectfully yours, J . T. Brown, President or the Colored Board of Traae" :+.r. tsraay: 1 went out to re anu looked the situation over and there is only one available place. 1 ,cot tsar. Wharton to -o wits me ana we looxect at a :trip of :round owned by Col. waaaell, 210,X 260 feet; he gavL me a price of 472uU. l thouht we woul.: let 1t rest uat11 ,r. rton,rni e r�• eturn an.. we c•,ula see Mr. Waddell and possibly get a better price as it aeews to me to oe a large sum for a small pieoe of ground out in the woods. It is the only available location out there. 1 will .ry to talk the matter over wltnmr. .norms oetween now ana next meeting. r. Hefty: We will receive and rile tne communlc:. 1 on ana v,hen tne matter has progreesea ae outrineu by ,.r. Brady we will hear the committee from the Coiorea Board of •prase. MUIV1L1PAL iAiLnuAG -t16ai1. tit WAY DA .AGE TO PROPERTY OF W. R. ASHER IN CLEARING R/W. "bait3mi, rloricia, October 4, i9ib. of ty uounurr, miai!.1, pia. ventlemen : i am the owner of lot 8 of block 17 North, thin city. I sold the south 25 feet of my lot to the city for municipal railroad right of way purposes, and it was part of the agreement that the buildings looated on said 25 ft. strip should be moved and set up again in as good condition as they were. I had constructed on this strip a two story garage which had to be moved. In moving it some months ago the contractor for•the city did coneiderable damage which was not repaired. The garage was thrown entirely out of plumb and the water pip: was not connected. I had to buy material and do oonsiderable work at a total expense of ,;7,-). to we. i tnina this ie a proper charge item against the city and will be glad to receive payment. Yours truly, W. R. Asher." ...r. Brady: :.r. Asher cae to see me and I went out there and while I did not think the bill would a o 'nt to ;,75. yet there is no question but the place was torn all to piaoes and instead of the garage being put ba:.k like it was they simply threw it on to the lot and it was not put in line with the water pipe; and they torn up his baok yard and failed to cuild the fence back. I think it is a just bill, Mr. Asher is 'an honest, honorable man anr 1 don't question but that the charge is right. 1 suggest that the bill be paid. .ar. Filer. I second that motion. The auditor was instructed to draw voucher in settlement. '?UILfI..:G PE:•.NITS 7EFUND OF FEE PAID BY FIRST CHRISTIAN CHURCH "Miami, Oct. 5, 1916. The Honorable City Council itiami, Florida. Uentlewen: Aa is yo,r generozr custom to return to churches the fees paid for building permits, I am writing you for return of twenty five dollars paid your building inspeotozi, ,dr. D. B. Wacker, e€ the 3rd of this month, for permit to build the First Christian Church building at corner of loth and Avenue H. I thank you in aavanoe for your consideration of the re..gious interests of the community. Very kindly yours, • ira E. Adams" :moved by F. H. Wharton, seconded by E. L. Brady that the auditor draw voucher for the refund requeste.l. Motion carried. AUTOMOBILE LICENSES REFUND TO E. E. AND L. T. NOWOOD Hon. W • 5. Moore, City Clerk Dear Sir: 0 "Miami, Sept. 13, 1916 1W er. tt t3't'kib We return herewith letter from • y E.'8: L. T. Norwood regUee ` :ix "drefiu:id of401, paid for autmobile lio nee, the mat er having been referred to :the ai,tt`es ,torneyw The license ordinanoe provides "any license will be -tre;zseferred with he approval of the mayor for whioh it is taken out when there is a bona fide sale or transfer" eto. It might be contended that this does not apply to aUtiaMobileS, but in emuoh as the automobile licenses are listed with ordinary business lioeneee, I take it that it is the intent of the council that the provisions regarding transfers should apply. 1 therefore advise, that upon their complying with therequirement to seoure a transfer from the mayor, the $5.00 should be refunded. Yours truly, F. M. Hudson, Acting for City Attorney." Moved by F. H. Wharton, seconded by C. F. Filer that the matter be referred to the city auditor for adjustment. Motion oar.ried. POLICE DEPARTMENT SUB STATION FOR COLORED TOWN Mr. Erfert: We oan not get the privii.ege of building a station on 3rd St. in Colored Town. Mr.Filer: Can't we put it on the sidewalk? Mr. Erfert: No, we want something large enough to hold a man, a amall desk and a telephone. If council approves 1 oan rent a pieoe of ground for $1. per month on which to put the building. Mr. Hefty: It was not the intention to put in a desk and a lounge. Mr. Erfert: It should be at least 5 X 10, with a partition and toilet; there is no plaoe for the men to go after dark. Moved by F. H. Wharton, seconded by E. L. Brady that the committeeman on public building be authorized to lent ground spaoe at 1.00 per month on which toerect a sub -station for S the police department in Colored Town and also to supervise construction of the station. motion carried. PUBLIC COMFORT STATION �r. Erfert: We have been figuring on a station for six months but it seems the contracto are like the Chauffeurs Union. I know suoh a building oan be built within the appropriat of $3,000. but aome of them figures $1100. above that. We oan get it done for $3150 and 1 would like to know if council willeperopriate the additional $150. The city agreed to giv $150U and the county $1500. I do Not like to go back to the County for $75. as they have already given the ground. Mr. Hefty: I think it a good move and don't believe it should be held up for $150. Mr. Erfert: We may be able to get it uown still further and leave a little to furnish the building. Moved by F. H. Wharton, seconded by E. L. Brady that the committeeman on publio buildings be orized to proceed with the comfort station. Motion carried. HARBOR IMPROVEMENTS SUPPLEMENTARY AGREEMENT WITH BOWERS SOUTHERN DREDGING COMPANY IN RE DISPOSITION OF SPOIL FROM THE SHIP CHANNEL Whereas, a written contract was entered into on the 29th day of December 1915, by and between the city of Miami, a municipal corporation, and the Bowers Southern Dredging Co., a corporation, covering the construction of the Miami harbor, and Whereas, on page 8 of said contract under the head of "Pilot Cut it 1s provided that all material exoavated from the straight away channel shall be deposited on the northerly aide of the embankment made by excavating the pilot cut shown on a map attached to said contrao designated exhibit 3, and Whereas, The Bowers Southern Dredging Company is desirous of depositing the material excavated from the easterly end of the straightaway channel, estimated at about fourteen hundred feet, at a point along the government spoil banks to the south of the proposed traightaway channel, and Whereas, The City of Miami is deirous of having certain rook deposited along the northerly side of the dook fill to be used as rip rap Now, Therefore, In consideration of the premises and of the mutual promises hereinafter se forth, it is agreed between the city of Miami, a municipal oorporation existing under the of the State of Florida, and the Bowers Southern Dredging Company, a corporation duly organized and existing under the laws of the state of Texas as follows: 1. The city of Miami does hereby rer.1ease the Bowers Sputhern Dredging Company from that part of their contract requiring the depositing of material upon the spoil bank area designated by government permit, excavated from the straightaway channel as indicated on page eight of the original contract between the following points, viz: Beginning at a point to be looated by the supervising engineers two thousand feet east of the east bank of the spoil area designated by government permit, run thence easterly4 to the eastern te..minus of said straight away channel. 2. The Bowers Southern Dredging Company agrees to deposit rook alongside the look fill in the manner ana at the place to be designated by the supervising engineers in charge of Oarbor improvement work for the City of Miami, and their duly authorized agents, and further agreee to place suoh rook in suoh quantities and at such time as may be demanded by said engineers. 3. The Bowers Southern Dredging Company further agrees that such work 'Shall be°.perx.or without cost to the city of Miami. 4. it is distrinctly understood and agreee that this► supplemental agreeme.t 61 at a .1n.1r� ZX 4415, .,s .. etredti;,,+ iy' remaining part -Of said prinoipai bntraot, a ider Willi ,ee ;e +r o .the time~ of co sio'tion of Wrork,, or otherwise. r. City Clerk. yf The OtAy of Miami 44/ RESOLUTION:, Its Mayor Bowers 8outhern'Dredging Co. Whereas, thq.,: rregoing proposed supplemental oontraot between the City of Miami and the Bower8'3outhern Dredging Company has been presented to the oity council and duly ooneidered, and ellee Whereas, It is oonsidered by this council that said contract will be of adtr& tags to the City of Miami: Therefore, Be it Resolved by the City Council of Miami, Florida, that the Mayor be, and he is herebym authorized to execute and deliver suoh supplemental contact in behalf of the City of Miami, to be attested by the city clerk. Adopted this 5th day of 0o ober, 1916. Attest: Casper Hefty W. B. Moore, President City Council City Clerk. m.,ve'1 by E. i. braiy, saandeu by r. r'iier that' resolution be adopted. 0n roli calloll voted yes. MUNICIPAL RAILWAY MAKING THE GRADE Mr. Brady: In conneotion with the munioipal railway, the engineer has stated that it would be a good idea to have the grading done before the raile get here. I talked the matter over with the engineer and the city auditor and we thought it would be well to get the street committeeman and city engineer together and' have the street department do the work of grading and the money simply transferred from the railway bond fund to the street fund. They oan do the work better and a great deal cheaper and I ask council to request Mr. Wharton to do this. moved by F. G. Erf e ., seconded by C. F. Filer that the park committeeman be authorized to arrange with the street committeeman for the street department to make the munioipal railway grade. Motion carried. ►MUNICIPAL RAILWAY CURVE AT POINT OF CONNECTION WITH F E C RY. The F E C refuse to operate over an 18 degree curve at the point of oonneotion of our municipal railway, claiming it is too sharp. I referred the oorreepondenee to Mr. Randolph, as 1 know nothing about engineering, but if they will not operate over that curve three pieoes of land will have to be purchased from three lots. Mr. Randolph prepared a map showing the number of feet to be bought off each lot. I just mention this so council will be familiar with it Engineer Randolph: The city attorney is handling the matter. City attorney Cason: We have held the matter until a survey could be made of a spur track lea-ing to the Henderaon Lumber Co., being under the impression that this spur is on a curve greater than 18 degrees; the survey has been made and the greatest degree of curvature is 15 degrees, so we now have nothing to present to the .,a11way to abut the argument that 18 degrees is tooehapp. I presune tnere is nothing to do but enter into negotiations with the lot owners. The corresponueneeinaioates that the railroad oompany's answer is final unless results could be secured by a oomeittee going to St Augustine and talking the mat or ove, with the officials. Mr. Brady: I don't think that would acoomplish anything at all. The municipal railway will have to cross a spur track leading to the Standard 0i1 Co. and I understand the greater part of the spur is in Avenue E, and if we order it out c the street only a few feet of it wile be left and if we have to cross it the cast will be about „350. POLICE DEPARTMENT PURCHASE OF WINTER UNIFORMS moved by e. F. Filer, seconded by E. C. Romfh that the mayor be authorized to purenase the necessary winter uniforms for the polioe. Motion carried. BUDGET*F0R THE FISCAL YEAR BEGINNING JUNE 1, 1916 ANrINGIND MAY 31, 191?. Councilman E. C. Romfh introduced the following resolution end Budget for the fis-oae year 1916-1917: RESOLUTION NO. 1085 WHEREAS, it ip the duty ofthe oity a until of the City of Miami, F1ori.da, at its next meeting after having been notified of the amount of the sum total of the taxable property, to ascertain the amount of money necessary for carrying on the oity government, not exceeding ten mills on the dollar of the taxable dash value of property in saia city, both real and personal, and in addition thereto to levy such additional taxes as provided for in Section 38 of the City Charter and to ascertain the amount of money needed for each department ,of 004 91,'ty; and Teds'7: t!'M �!. ry 1�:i+' aegUlar meeting Ootobei 5,` 6. 5 WHEREAS, the -amount of miineY f d' for-• eacb i opa mini rit'; a& d,, so aeoertained and is hereby deolares -to be as fo11*a CASH BALANCES General Fund R. & 1. Fund, Hospital Fund, Lighting City, Interest Bond 4 GENERAL 112, 245.7E 5,832.65 1,601.20 4,066.60 fund, 33,b03.39. COLLECTIONS 0ooupatlon licenses „ 23,000.00 Street Tax, ,2,500.00 Fines & Forfeitures, 15,000.00 Cemetery lot sales, 1,000.00 Burial fees, 800.00 Sanitary Co1ie' tions, 9,000.00 Building fees, 2,100.00 Plumbing fees, 1,400.00 Hospital oolleotions, 1,200.00 Interest, 5,000.00 UNCOLr,ECTED 1915 TAXES General Fund, 19,440.00 R. & I. Fund, 10, 800.00 Hospital Fund, 1,080.00 Lighting City, 4,320.00 Interest Bond Fund, 12,960.00 Sinking Fund, 4,320.00 Total estirated,------ 4i MILL LEVY 2i MILL LEVY 5 MILL LEVY ESTIMATED EXPENDITURES June 1, 1916 to May 31, 1917. Administration of City, 22,87b.00 Sanitary Department, 33,420.00 Cemetery Department, 2,040.00 Publicity, 7,400.00 Police Dept. 26,940.00 Fire Dept. 29,386.00 Street Department, 22,98b.00 Sewers, 1,800.00 Bridges, 3,000.00 Parks, 4,500.00 Hospital, 8,820.00 Lighting City, 19,500.00 Interest on Bonds, 67,170.00 Sinking Fund, 109,000.00 Destructor Plant, 2,520.00 Accrued Interest, 37,967.b0 Accounts Payable, 19,628.39 Reserve, 6,019.10 ESTIMATED RECEIPTS GENERAL FUND Cash on hand, 12,245.75 Licenses, 23,000.00 Fines 15,000.00 Cemetery sales 1,000.00 Buri1,1 fees, 800.00 San.eolls. 10,400.00 Building fees, 2,100.00 191b 'Faxes, 19,440.00 Total estimated receipts, GENERAL FUND DISBURSEMENTS Adm. of City, San. Dept. Cemetery, Publicity, Police, Fire, Destructor Reserve, Total estimated ex: enditures, • 22,875.00 33,420.00 2,040.00 7,400.00 26,940.00 29,386.00 2,520.00 6,019.10 83,985.75 61,000.00 52,920.00 171,169.b9 95,445.29 53,674.10 104,680.00 —Z24,968.98 424,968.99 1 130,60010 u Regular meeting 0otober 5, 19164 Brt. fwd. ,,.. 83,98b►?5 REPAIRS'& I I FUND RECEIPTS Cash on hand, Street Tax, 1915 taxes, Total estimated receipts, 5,832.65 2,500.00 10,800.00 Repairs & I I FUND Disbursements, 8treets,Sewers, Bridges, Sidewalks, Total estimated disbursements, HOSPITAL FUND RECEIPTS Total HOSPITAL FUND DISBURSEMENTS, Cash on hand, 1,601.20 Collections, 1,200.00 1915 taxes, 1,080.00 estimated receipts, Salaries,wages, maintenanoe, 7,820.00 1915 revenue bonus, 1 L000.00 Total estimated disbursements, LIGHTING CITY FUND RECEIPTS Cash on hand, 4,066.60 191b taxes, 4,320.00 Total estimated receipts, LIgH'TING CITY FUND DISBURSE"ENTS sighting the city, 14,b00.00 1915 recehue bonde, 5,000.00 Total estimated disbursements, ACCO?KITS PAYABLE,ALL DEPAR'TMEr TS,MAY 31, 1916. 41 MILL LEVY 19,132.65 3,881.20 8,386.60 130,600;a 32,285.00 8,820.00 19 ,500.00 19,626.39 95 ,445.29 210,831.49 210,831.49 INTEREST BOND FUND RECEIPTS Cash on hand, 33,b03.39 Collections, 5,000.00 191b taxed, 12,960.00 Total estimated receipts, 51,463.39 INTE. ST BOND FUND DISBURSEMENTS, Int. due July 1,'16 37,567.b0 100,000. 5's 1906 5,000.00 37,000. 6'e 1914 2,220.00 400,000. 5's 1916 20,000.00 600,000. 5'e 1916 30,000.00 90,000. 5i 1915 4,900.00 xeserve, 5 000.00 Total estimated expenditures, 2i M16L LEVY FOR INT. BOND FUND SINKIT.; FUND ::E'. IPTS 53,674.11 1910 taxee, 4,320.00 $4,320.00 S1I Ki'CG FUND DISSURSE::iEN'TS 1913 Revenue Bonds, 5,000.00 1910 Revenue ^ 10,000.00 1916 Ref-anuing 65,000.00 5's Pie July 1,'16 10,000.00 1916 int D B 4's 9,000.00 heeerve, 10 L000.00 b LEvY Total estimated aisburae:tents, FUn S1iNKJ. z FU:4D CAPITULATION OF LEVY 42 MILLS FOR 2i MILLS FOR 5 MILLS FOR IL mill levy GEY.L AL FUND R. & I. I. FUN: HOSPITAL FUND LIGH`1ING CITY FUND INTEREST BONE FUND SINKING FUND, r�alizin, 105,137.50. 109,000.00 104,680.00 424,968.99 424, 968.9g—' 45)445.29 b3,674.11 104,680.00 253, 799.40 VP WHFRAS, s,.i.l city council, sitting; as a Board of Equalization on July 31,1918 August 1, 2, 3, 4, 7, 8, 9, 10 and September 4, 1916, legal notice thereof having oee". duly ziven 49 required by law, aid examine the assessment rolls of" the oity tax as-,eeeor of tne taxable property of said city for the year 1916, and did sit on said dates for the purpose of hexing complaints and receiving testimony as tc: the value of any property, real or personal, as fixed by the city assessor of taxes, and of perfecting, reviewing and equalizing said assessment, and did make such canes in said asaeaament rolls and did revise and equalize such assessments as in the opinion of the Board of Equalization were deemed necessary and proper; F►nd wh-reas, eaid city council was duly notified at its meeting held September 4, 191 tnat the sum total of the taxable prope.ty in the oity of Miami for the year 19i.6 was fixed at $21,149.9b0; and Whi,reas, the city Charter provides that in vase e levy shall not be made for tne expenses of any ona or more or the city depapAments, that the expense of suoh department or . eparynents shall be paid out of the. tieneral rand: 1 Regular Meeting bdtobet 5.,:1016. Now, 4 The,refore, Be it Resolved by the City Council of the Oitr y0f 411 aria., N'ltii�' t . Section 1: That the, expenses or the following city departments shall be paid from the general Fund; to wit,- Finance, Police, Sanitary, Lighting City, hospital, cemetery, Publicity, Fire, Streets and Sewers, Bridges, general. and mieoe:llaneous items. Section 2: That the following estimates be and the maintenance of the several city departments or the year 1916, to wit, - GENERAL FUND Cash on hrana and est. oolLeotions 83,983.75 Administration, Sanitary Deparrment, Destructor, Cemetery Department, Publiolty, Police, Fire, xeserve, Estimated disbureements, R. & I. FUND. Gash on hand and est. collections, 19,132.6b Estimates disbursements, H0SP1'1'AL FUNr, Cash on hanu and est. coileotlone, Estimated disbursements, LIGI 'ZING CI'1•Y FUND Cash on hand and est. collections, .stimated disbursements, A: 0U?ITS PAYABLE, all departments, 4i MILL LEVY 3,881.20 8,386.60 95,445. 29 INTI, H1'CT BON FUND Cash on hanu estimated col_ectione 5.,463.39 Estimates disbursements, 2i 141 LL L1vtVY 53, 674.11 SINKINI: FUND Collections, Estimated disbursements, 5 1.:111 LEVY 12 MIILLS TOTAL LEVY CASH AND EST.COLLS. 253,799.40 171,,169.o9 424,968.99 4,320.00 S_-ction 3: That said estimat s be submitted Attest: 3. :�o e, City C1erK. Hon. City Council, r tot i-a. Lrentler4en : return hervw itn r esolut , i1XlnE the estimates 2 it lari 1, r lor. m, for the have made no..increases same are hereby made for the oity of Miami, Florida, for the 22,875.00 33,420.00 2,520.00 2,040.00 7,400.00 260140.00 29,386.00 6 019.10 130,600.10 62,285.00 8,820.00 19,500.00 19,626.39 100,167.50 109,000.00 424,968.99 253,799.40 to the mayor for his approval. 1916. Caspar Hefty President City Council ion No 1085, as pasaea and a4 opted by your or the maintenance ox the eeverz..l departments year 1916. or decreases in said estimates for any city I do hereby approve the said resolution, and the estimates ance of the city depdrtrnents for the year 1916. P.A.Hendereon, Mayor,miam .Orlda. Before the vote was taken on the resolution Fire Lauer Chase stated that Vt. W4,11 bit. irnpos idle for tn. ire department to maintain its present force with the amount ap. ropri:.tea ana simply wanted to oall atte,.tion to the fact. mr. Erfort. I think we have god high enough. rrj the aiaint ate Tee r�+ ;filar meeting October 5, 1916. r. Moved by F. G. Erfert, seconded by E. L. Brady that Resolution No. 1085 be adopted. un roll call all votes yes. BILL PF MAJOR SCHOFIELD FOR TRANSPORTATION EXPENSE FOR FOOD ANDDA.RX INSPEU'fION MONTH OF JUNE 1916 Mr. Highleyman: 1 have a bill here of I;r. Schofield for June transportation, 038 1 think we decidedthe limit should be 030. per month. mr.—Haehisymaa Wharton: I think 030. was the limit decided. Mr. Romfh: Some increases have been agreed to, the building and electrical inspectors and the plumbing inspector, to 03b. per month. However, that will nave to be by oruinance an it we a11ow them Ob. we ehouia a.L.ow Lr Sohoriela th creme amount. rar. Hefty: 1f we want proper health meaeuree we will have to pay for it and ther nouse kicking about 42. or 43.00. Moved by E. C. Romfh, seconded by F. H. Wharton that the June bill of Schofield for E. be paid. Motion carrieu. HEVENUh BONDS •76,000. 1910 ISSUE REDEEMED ...oven by L. C. iiowfn, seconuea by C. ra racer that the 476,uuv. bonds heretofore reeeemea by the city, be deatroyea by fire in the presenceor.the Mayor, councilmen Bra..y anu Romfh. Motion carried. is REQUEST FOR STREET AND SIEE WALK IMPROVEMENTS IN EDGEWATER ' :r. E. C. Stahl adcbesed council requesting that a sidewalk district be authorized in Edgewater but said that h: has begin informed this could not bee done because the, streets had not been delicatee to the pu blio. Also aeke.. that weeua be ciearea eat of tne streets. Stated the property owners would also like to have the streets paved. and would pay the assessment as soon as the pity does t e work. Aleo re ueeteu a street light at the corner of Colorado Avenue and Rand Street. Lin 114c t lormace and carried the matter or cleaning the we de out of the streets anu a street lien( was ret'eiree to tne street committeeman. ulty Attorney uason: 1 tnink it is questionable whether the city oan do anything, for ,in case the aseessusent is contested the city could not hold liens against the .lots. Eacn lot owner and the original owner will have to enter into a dedication or possibly tnu city coulconcern without coat, or the matter might be ooverea oy an ordinance .fixing a penalty for failure to buila sidewalks. under the chart tne lute can be al eaned an the city hold liens against the lots. FrILG'r� OVA ;I THE MIAM(I RIVER AVENUE D AN TWELFTH STREET ELECTRIC POWER TO 0 RATE .r, J. K-.Ckley: I want to bring to council»a attention the matter of electric power for the new bridges. We ham, anticipated the power woula be furnished by th rle tric L12ht Company 1 have has the matter up with tnemseveral times ana they ,•_fuse o furnl=h the necessary transformers They claim it will be very expens ve because they will get only the minimum rates and will have to oarry reserve power at all times to take cure of the motors. Our contract provides that the contracto sta11 take the power from, the secondary side and. 1 wouia lake to know whether you want -,hL Li=.nt Ca_. or the Contractor to purcna.ee the transformers. We woulu likto have that aten.,ea to as it will take at least 90 days to get delivery. I have 3v—Hefty: ueen inforiue i by the Lis:nt Co. that tney will buy the transformers a a :.1n1Hr. '.nr.: at actuel cost an. will aleo assist in the installation and will v.ire them an; carry their current up to them and we will have to take it off the ae:onda.y side. ,'re will need four and they cost about $355.50 each. Hefty: Whet is the power req ire-i to operate these bric.ges. :fr. Ka.cKie : They are subject to 2e0 overloau but are rated about 50 horse power. lur, rroranh: How mucn currer.tper month will we use on the braages( ._r. xackley: They sale all they expectec was the minimum rate, with is 5OO, .ie:ending on whether they make the change they antioipate, it will be either 500 r 1,00, ana it will be *50. per month at each briege, but they can not carry them at that price. We wil_ not use that mucn cur_ent but tbat is $hear minimum rate. ine mane_rr tole me it woul.a ve_y probably be 500 per horse power instead of %1.0 a:oveu by E. C. Roman, seconded by H. Wharton, that the engineer be authorized 0 procure or order four transformers from the Electric Light 00., for the bridges at price of each. motion carriea. hefty: ii.ey :v:1_1 furnish tne transiormers ae cost to them( .+.r. K_,ckley: Yee, sir an: -ive us the benefit of their discount. BILLS ACAIST ''PEOITY hill of C H Lyne, dated Sept. i, 1916, amount $73.b0 for monument oovers , 1916, " 312.91, for castings. ' moves by P. H. Wharton, aeconuea by r'. L. Bray, that the balls be paid. Motion ce 416 A2 1 0 REGULAR MEETING OCTOBER 6+ i916.' BAY FRONT REPORT OF BPEc3IAL COUNSEL M. D. PRICE ON THE SUMP OF THE OM OF MUM/ VS F. E. C. RY. TO RECOVER THE BAY PARK PROPERTY BETWEEN THIRD AND SEVENTH STREETS 4 r. Prioe: Judge Wolfe and 1 are here to night for the purpose of findmng out what the •osition or the oety council is in regard to thr Bay *Front suit. You gentlemen doubtless• - v, read the verdiot of the jury, which was instructed by the Judge after listening to the laa, of both skies or the case, and are therefore more or lees familiar with the case. I dare say, however, you are more or less in doubt as to the real effeot of the verdiot. I wisht0 make a few statements on the verdiot, as 1 oonetrue it, In the first place, this land as pater d after the Act of 1866 was passed ana therefore was only common law and Julia D. Tuttle only owned to the high water mark and the land between high and low water was in the State of J!'lorida. She made.dedioateon ox the property between 3rd and 7th Streets Tor Park purposes but she didn't dedicate any improvements and all improvements there now ave been planed there by the Railroad Company. The Supreme Court deoiaed in the Worley Ca e that her act in writing the wore "Park" on the map dedicated a strip between the • . t3oulevara and Biscayne Bay, and also decided the riparian rights belonged to Julia D. Tuttl,; they, however, dodged the question as to whether or not the hailroad Company would -have the right to fill in between the original hit water mark ana the present water mark and olaim that land but the Railroad filled in this trip and the evidence shows oonciusively, and I can it is backed up by the testimony of John Sewell and others, that this strap was originally about fifty feet wide and it now appears to be sixty to one hundred thirty five feet wide, with the exception perhaps of a very small pieoe on the south end it is true it s due to leakage from the Terminal Dook when that was filled in anu some stuff was dumped nor h of the dook. The Railroad Company claimed our Park wasbeund by the original hgih water k marand that they owned all the land east of the high Water mark and that was Judge tannings opinion. The verdiot of the jury was to the effect that the oity reoover all roper y north and south of the Terminal Dook and all west of the Terminal iiock except the two rights of way ueea by tne railroad tracks and the wagons passing back and forth film the Boulevard into the Dock property, The effect of this decision is that it carries the l nd, Which originally went to the fence, to the present water line. Under the decisions in this state, if a man hge the right to go to the water line thert3 is no p.wer to prevent him eleine the waters. I want to say that 1 don't care how goon a lawyer a man is, he is not ',qualified to give an opinion witnout careful examination of the authorities and a horse back opinionis not worth ten cents. 1 am satisfieu that Judge Wolfe has studied this case every oaresully ana personally t have devotee three months to it, and the position I take I satisfied can be maintained. It has been publicly stated tha,ownerehip of the riparian !rients has never been e4azs4 d_termenea. Juage Branneng held otnerwise,- that the Supreme court ruled the riparian rights belonged to Julia a. Tuttle. (At this point Mr. Price read a paper he had ,repared, wnicn was published in the Miami metropolis uctooer 6,1916, ,ra a copy is at,,acnea to tne fbliowins pages) I have sited then supreme court cases because everyone can understand them and so :any articles have been publisnee that tenu to could this case. Every lawyer in this city knows that ail in the World a municipality ever owns is an easement, why the legal tit t o 13tn Street here is veetea one half on either side to the property owners abutting ,i::.n street. We have lost nothing by the decision to that effect. if we had said the city%Nue entitled to a fee eielplt title the Supreme Court would have been compelled to ;reverse it. We nave not lost any title we formerly held but we have gained access to the waters of Biscayne Bay, where before we were entitled only to a strip of land and had to step slat tne fence, an, tne public nave equal rights with any parson to access to the water anu urdery 'the decision we can go to the water line and under the decisions of the supreme oourt when {_e get to the water line we oan use the space between high and low water mark ana the waters 0t the Bay as freely as our own property. In regard to the 'Terminal Dock, 1 am not surprises t ' ne decision. 1 cau.t to the conciesion, early, that the railroad would make its fight on the doctrine of estoppel, because where a railroad has taken part of a street ana planed imp roveu.ent-s thereon, any; wh r, they have rerua ned in possession for a long time with the knowleese and consent of the city, and under these'oircumstances the courts have held the uootrir_e 01 estoppel applied, but it es unsettles in this state, ana if the oity die sue an recovered the Terminal Dock we would have to pay for the improvements, because out statutue- provide tnat irprovements male ana someone brings suit and recovers possession, that the party against whom the verdict was rendered has the right to prove the value of the property and the complainant must pay for it. in this case the evidence showed thai, in the beg, ee=~inning the city granted a permit to build this railroad, some twenty years ago, and ester the .",orley case another permit was given to so the same twang and berore the Worley case they paseea a resolution renouncing and relinquishing all rignte to the park,. and since the Worley case the city Mae bea. taxing this property, ana it is on the tax books no. for 4i20,000, an. the city haf3 done its best to get rid of the property. it tne city has exereiseu ite rirnts at one time it ooula have gotten the whole strip but the Judge ruled teat so long as the city had stood by and eavu the railroad spend luU,000. for the dock and soretnin - 1ize wrbuv,uuu. for canals anu basins and after the city had given permission to cuila tracks and erect buildings, the city would be estoppea,- after oollecten,e taxes ana �eay ir.g th sea people to make the improvements. This question was not decided in the. Worley case,- it merely decided we owne.A the strip of land between the Boulevard anu the ray for Van( purposes ana expreseiy evaded the question as to whether or not the railroad had acq..ired rights by making the improvements. is we appeal this case we have a fighting chance tov,in the entire Terminal Dock, beoause there are a number of things that oontraalot -this ,aoctrine o1 estoppel. un the other hand the supreme court might decide we were bound by the original high water mark and eo fix our park. The oity has paid in the neighborhood 01 nluu. per foot for similar lane north and this land recovered is worth over $70,000. Whe th, railroad owns nothing but common law rights and lost possession of the upland, by this decision they can not fill it in and obstruct our right to use it. They have the right to lane their boats around there the eame as any other citizen or Miami; they have aquas right with lie but not exclusive riparian rights. if you wish to continue th. case we still ;nave our fighting cloenee on, but if you desire to let it stand we believe the city has achieved a great deal e believe the decision fair from an equity stanupoint and it the L.oetiine is recognized to this state we believe it will be recognized in this case ana ana e the circumstances we aotbt the propriety oz appealing, but twat is for you to decide. .r, you want to run the risk of getting the dock andpaying for it and have the supreme .court sal that tna purl stops at the original hg_h water mark, that is a risk you will have to take. Ae came here to give you obr views so you could pass upon the question of an appal. to tne rn,.wntiue we want you to authorize us to appeal in oase the railroad should do so. 1r they xiant us on tnie -trip we wa,-_t to ii;ant them on that terminal dock. ? Mr( Brady: Would it be possible for the city engineer to define the lines oe tee park.? cir. Trice we go rignt to tne waters' edge. That fence will be torn down and every bullit'. t.n., shack wiii be taken out. the strip runs from the center of 7th btreet to the a0ek, apq ,400 feet an from 2nd Street to the dook about 269 feet arid:: re unapt gavesaie a strap fcity feet wica across the teminal uock prope ty except thee - lr0ad 1140, tha, arc: a Cie q. nee with its tracks and the wagon'roaa. li e 14r tooting October 164 18: Mr. Highleyman: I introduced the motion to bring this suit"an4 hhve foal.* iit with a great deal of interest and am like a great many people (oenfueed over the ott.,'e) and am disappointed. As I understood it, when the motion was put before this.00unoil it was hoped to find out. who owned the riparian rights. It was not a oc.ee of hiring lawyers to find out anything about the Park but who owned the riparian rights and tha is what i understood the attorneys were hired for. If the railroad owns the rights, • they are theirs and if the oity owne them they are ours and if so we want them4,�, It seems to me that instead of being a vase of law this has'beoome a oase of equity and a queetion of whether the railroad had the right to own the look or a question whethe the pity has a strip of sand out beyond the park. So far awl. oan see, I don't see w ere we are any better off than whenrehe ease was started. if the railroad owns the terrain 1 dock, as the decision states, by inference they own all the riparian rights,- It is admitted here we can not build out in front of the park and that is what we were afte Now it is simply a oase of confirming the Worley oaee. I want to know.to-day who own.. the riparian rights,- I mean the strip of land between high and low water mark. m r. Price: It belongs to the State. ;.rr. Highleyman: The very thing we hired the lawyers for has been thrown out of the ea e entirety. So far as the littl.strip of ground awarded to us, I venture to say we could have gotten it from the railroad. mr. Price: If you had seen the way they fought to hold'it you would not think so Mr. Highleyman: The intent was to find out who owned the riparian rights and I oan't see that we have gotten anywhere. I am sorry to say this and was lead, to.believe we oouia secure the riparian rights. :ar. Price: I don't know where you got the idea,- I was never conferred with and Judge, Wolfe Bays he never was. Mr. Blount in hie opinion don't say. His theory was they are vested in some old owner. Judge Branning refused to admit the old patent in evidence and it has been decided that the State owns between high and low water mark'. :ir. Wharton: Can this decision superseded the supreme oourt decision? ;sir. Price: It never was decided as to whether or not we could go to the water. Whenev r a citizen has the right to go to the water, no one oan prevent his using the riparian rights. The land between high and low water mark is vested in the state of Florida and the state holds it in trust for the people. The legal rights were vested in Juii- L. lutt.Le and by her given to the railroad company. I.f we go to the waters of the Bay w th our park every one has the right to go to the water and has the right to use the land between high and low water mark and you have got just as muoh use of it as if fee simple title was vested in you. Mr. Wharton: The supreme court said the riparian righte to the entire strip remain private property and that would still hold in f-ont of this park property. par. Price: They have teoh3oal right to the riparian rights there except to this extent,- when it is dedicated for park purposes the public can go to the water and th.. railroad can't prevent it When the railroad parts with the upland they lose the ri..ht to wharf out and under these circumstances I think the city has the right to wharf ou and build wharves and piers. You can not settle ownership of riparian rights by appe 1 of this case. The only question you can settle is whether the city has the right"to the terminal dook. Action in ejeotment recovers .the right to the land. It is the general rule that where land is sold to the waters edge the riparian rights go with i A man by name Frow owned a large tract of land at Cocoanut Grove and sold the lots to high water mark and after that executed a deed to a man conveying the riparian rights. That case was before Judge Jones and he held the deed conveying the riparian rights was void beoauee the mere fact of conveying the land to the water ousted him from his title. My opinion is that Judge Branning's decision will be affirmed and under thee- eireurastanoes I have advised against an appeal. I have been very suocee3ful before the supreme oourt but I don't advise going up without a fighting chance. When you do appeal you will not settle anything except the question as to whether or not you are entitled to the terminal dock. Lr. Romfh: The Railroad filled in where the docks are. Did they have exclusive rights there thenr mr. Price: That dock may belong to the State of Florida. ,ir. Romfh: Did they ever get an act thro;gh the legislature giving them that land? :rir. Price: Not that I know of. .ar. Romfh: They built the dock there in front of park land belonging to the oity and 1 understand Judge Branning's decision gives them the right to cross that park but still that dock belongs to the State of Florida and anyone has the right to use it.. Could they stop me tying up a boat there? Judge Wolfe: You have no right to use State Lands. mr. komfn: I have as much right as the railroad has. If we should start to make a fill out there and build a dock J..rLge Wolfe: The railroad would probably apply for an injunotion. :ar. Romfh: Suppose we would fill out as far as they have. • :ar. Price: I don't believe the courts would allow you to fill out as far as they have,,if at all, because of the channel. My opinion is that no one bgt the State of Florida has the rignt. i think all people making fills out into the Bay are doing so at their ri_i. and when they build it is an unsettled question. Mr. Romfh: We have from the south end of the terminal dook to about 400 feet south an, some on the north si..e of the dook. They have spent a great deal of money filling in for the dock Mr. Price: You oan, by appeal, determine the question as to whether you are entitled to the Terminal Dock. There are some people who do not want to know the real truth ane some who will never be satisfied unless we can eeoure the railroad from Key.West t Jacksonville and :et it in the hands of a reoeiver. I don't Dare what the publio thl.:' about this case. When I go into a case I fight for all there is in i.t. a;d:•;did.00;,:if vase. If 1 have read one case I have read a thousan4. 4_. • w, s 7EL Vher0414 it; je<fhe':ditty-4 iSke` en eist#;raatei of t 0` .00st "Qf,': Of the 3 p; Lemont$ not ed 80e.e - 'thereforet, Be Zt. As City of yield, Florida* , 800tion4i -That the * hex'; y tired** ► n O tten aroe�• ht ineb reef x io able + n ths4a" arof iap:x rVom nt,t a ":'; ►:; , u a:.. tit $ 2 . #� a, an '!c 'tt at ► °#? he pOrtio L ilir the iri enta4 ,erpe ►t " :are. sablj_ t' in eaid distriete *tetsb Wand thai t thee $1, 08:4..41 be and the same 040 4411b ` fir oonstaruoting said *ewer i'sprevdrarants + expeneee, respectively, aseessabl4 Agei t►': he txa: t tntereeotiofs. 8e otion 2t Thal the sum et 15- hereby fixed ' .s -nit, eel* . ateof ".trre h z4l ","Oi' an ©iµht inch sesez!�,'Ln`.. itex�r $ �b :Dtaiirt# d o40 0# s.ss�.s"tle�,t►10 �Kinet 1��ie *to and p't�r, end tho t :the sum of 40001 be and . 1ie sanei ► .estimate ' ; 8 portionCf the ode% of thee expensed= .,:. against said loto and par * a district d that *he sums*` etc Oe3$' be anal s . ,: ..reby fixed as the Of aonatruoting said serer imprO ttrt4eznts of the esttla.ted inoideftal ,x,Aenmoil �rr�epecotiY+ l' -,he oity at lame, eabraging the ianters4otza►:, Viatica 3 i 'that the arum. of .31, a7.6 fixed ae an estimate of tee t trde . off the, eight inch sewer in SanitaryteWer .D.ieario' the lots and paroele of land abtttlting 41114 of 0108,84 be and the ss a9 i.4 hert!, portion of the cast of the'* t'ed is against said lots and paraei,e l at tho sums of $638. �a4 ems: 3,4 as the the portion of the estia ► 14 cm* " o ';oo , slant and the portion of the oast et the `a� respeotively, asoessabio against the. o:i`t intersections. Attest i A210 .,:,," rpii 1 1 s nick in ae o ;t 4: i; ure : � �ti• � �.���:��„���,�: c�j���ncmh��.s�f����:�scp�eoA the case. we have a fighting °bbetas ft aril the:"Termipai .took. If jtbu Wait tO recover the riparian rights and hold what you, had'e, you Will have to pay for -all'. improit•oments if you reoover it any way. , .. Mr. Romfh: We don t want it if we have to pay a big pries for it. , �.;. Mr. Wolfe: This suit was pending in the oourts when we were employed. WO Can not settle a question of riparian rights by a suit. in ejectment. The original dedioa0 tion never gave the oity anything but abasement in the land, not in the water, but Could the oity ever have any riparian rights exoept inai,de tal to Common lave rights such as go by reason of aooees to the water from the land you have recovered for a spaoe of 700 feet? It has been said that is not worth anything,'but if Mr. Raker owned it i imagine his opinion would ohange. The Railroad 0ompany squatted on State land and filled it in and the oity brings an ejedtment suit and the Court says that whether the state owns it is not at issue unless the state grants it to the oity by legislative act. In an ejeotment suit the city must reoover on its own title and what title has the city to the Terminal Doak, and if it was built upon State land it is a question between the State and the Railroad and not.the oity. If you take the Terminal' Doak for park purposes you must clear off the traoka' and docks and use it for park purposes. You can not get a dollair of revenue out of it. The city never had any riparian rights in that strip as the dedication carried no riparian -rights but expressly reserved them on the map. I think there are some technical defect$ that would probably lead to a reversal of the suit. I don'ttthink the evidence in the ease justifies that part of the verdict which gives the railroad the 16 ft right of way oVer the fifty foot strip, because there was no testimony to supportit, but that makes :bo difference for the people have the use of the etrip eonourrently with the railroad. Another thing, if the railroad is to be allowed to keep its dock certainly it should be. allowed to run its tracks down there. The supreme court might say the evidence didnt sustain the question of the tracks passing over the strip, but the oity has the right to use it:c onourrently with the railroad, so the question you would settle is whether the oity is entitled to use the dock for park purposes. There are a great many questions 'I would like to see tried out, but it does not affect riparian rights. The way that can betested eaeily is for the city to go down there and fill out part of that land and if the railroad thinks it is an interference with their rights they would immediate- ly secure an injunction and it oan be tried out as a mat..er of equity Mr. Hizhieyman: You will oarry this case on with your original agreement? Mr. Wolfe: I think so. 1 &"i Mr. Romfh: I would like to ask one question,- I understand we don't have aotual possession but under this decision of Judg Branning we go to the waters edge? Mr. Price: Yes, sir. Mr. Romfh: Now suppose we want to fill in that part given us by Judge Branning's decision - If we can fill that out say 400 feet, we have some space on the north and some on the south side of the dook, now a spate 400 X 288 ft on the north and larger on the south,. that would be fine property. The railroad would probably try to stop us, and you would then bring up the question of usage of riparian rights. Would we have the •right,to use that or wouldn't we? Mr. Wolfe: That woula be for the courts to decide, bar. Price: A great many people have common Am riparian rights. car. Romfh: 17,e have the right to build a dock, does it say wherher the dock shall be on piers or a fill. We are building a pier down near and Street now some 1200 feet and it is solin concrete. Mr. Price: It doesn't wake any dirterenoe how the door is built. It is one thing to buia a dock and another thing to build a park into the Bay. Mr. Romfh: If we can build.a dook out there and have a park 400 X 300 and the right to tie boats to that dook and let the ►eople use it for pleasure, I say it is worth some- thing to the people, but a little sandy strip is no good. gar. Price: We will take pleasure in fighting the riparian rights and our idea is that the way is to go ahead and build a dock, but if we interfere with the looks or channels gut there we will be enjoined. I don't think the railroad will enjgn you so lona as you do not interfere with their Channel. I think they have all the law -:they want because they know every man in Miami could bring a suit against them. Mr. Romfh: We can go down and take possession can't we? Mr. Price: Yea, sir, and the boats and other things will be removed. Nomin : Wny cant we build a dock and make a fill? Mr. Price: My advice would be to build a small dook. We are getting ready to appeal any way, getting our case ready for appeal. Mr. Brady: It seems a great many of us don't understand it. They can't carry on two suits at one time,- eject them and sue for the riparian rights at the same time. Do you want them to recover the docks or sue for the ripa a.an righter Mr. Romfh:.We want them to do what they have done,- get possession down to ].ow water mark anal we will bu .i.a a dock and if they stop us we will see who is the owner. We w„uia have to pay for the improvements on the Terminal Doo C property. Mr. Wharton: Can any one part with the upland and still o1aim title to the submerged land? ir. Price: 1 don't believe they can part with it and reserve common law rpiarlan rights lne title has never paseea oft of the railroad oemp ny. bud we have an easement and when we quit using the park it reverts back to them unlee they sell it. The Supreme Court did not pass upon the question as tq._the feature of£:r'that reservation. 9)g, ., th tw; pc er steps be taken to ict a �' Valermape whether or hi', onion coved by L. T. Highleyman, seconded by, a pier in eaa:oraanoe with the attar#ear the title of the railroad to the ri" • 4*. V timis °a banal" a Pier or d"lc, in Mr. Price sta Otithat "we will take. . front of Bay Park, and If the rail- ) road filed an injunction, tocary great pleasure fif fighting;the clues- , the matter up for final dcision, Int, tion of riparian rights in' the way on motion of Counclitnan Highley- we think best." . man it was decided to talte4 this ae-• The, argument finally ended in htt.• ' Hon. Street Committesuinn VVbitr- HighleymiLn moving that the 0,14, y start to bbillti.a dock and ftee•he1t. ton was instructed to proceed wyh. bripp0m.trhe expieeetiee ef th0. the erection of the dock, and see iti dsion, .41p-Me by Mr. Price Wort stop The city. This will" probably be. the.. cotintli., Wee as follows: the tailroad wompany would try to done within a few days, and a nqw , . t'rice's Statement, snit, will be atarted. In the mean-', *As aby any itrwyrs, and Borne lay - time tile attorneys fgt. the city wial Mtn who think they 'level absorbed Proceed with plans for tin appeal la • ououghlasir to giveMeleeupon legarl'Ir, for the public, and to l* ywr the original ease, so as to protect tholes, haNte ittaletee that the ripe the city in case the railroad aPpeala ian riglits be -luttive Fitiparian riAht •• te, fiat, Park claimed far ii4 t he ,t It rliticrsobidti' M' Price 'tstatd that he had al - by tite eity.hevel not libitin dote ined 1,44•Ir cdnedrii. d, w 44,•:, iiii,, .4404 Irat .I have been asked it the city has 11 the right to fill in and make new land east of the park: To thIS I can only reply that no decision of the genie '' and stands tthelrettn- blared any right in an riparian prop- ,, ptate of Florida has expressed or de- der including the shOre or Ogee be- rietor who has common law riparian ,tween high qnd low„Zetatr mark- for rights only to make new land and ae- PurposesOnaviiatitill and therans- ciuir&title thereto by pumping mud, portatioh:plogs thereover; tineither sandifrand reek upon tho state'Ept0P- i,he contplathantior the defendant has orty. -The bottontof the bay,behengs lel exercise tly the otheieot ny other higli and*Iii*AVtettuartik belongs to. puch Alit tektifeexelusiOn ot its-ltriv- to the stae. .The lank bekve,eti the,' Inhabitant of the me 'centract the state? Does theAitle change by i here ik to lease the Qh e.or aPace htlIkbeeding and fiP1118 In? The between high and loti •'til' f mark a tlart of a bed of a navagable Stream, 1,.. • t the title t- which is in the itteteNte. lliestion is4hsettled in thi state. tiight to 4hriff out is he . only ;14 fon which in ay way resembles the months.* „yridch to prepare to isPts. and hive dented onuce1411,textr,ta or ptititarz, Aghte"werete -tienctitreht:4- vii peel. , " Um Worley ease ghti orthe White River aspoe , Clitr Gees to 1%44c:es Fociffe.•• ,. 'poses, we dealre iv, W.,. de, ..,6. few: - 41d other inhabitants of Ihtjt; tete polming.out tq the ouncit..ust bketqa 4•10••• to itiXit must be exercised subject* the' propositiotot Wt It to of othere. The eilAtraet,,Itherit• what the. city had won, mr., ,, (04 park iti tweettion rbiti said: "Under the verdict the ei e-sf, : cures all of the property nort ill• __,..,, south - of the terintrtil docI,Ewittv ?....„1/.4retla• ' the eiceptien Ot tWill gate: ttli4kffhe'' :J.;°•,';'.0 ;01,r, e of way. The effect is a 't iticarrtinf- - 1 'tbe laed from the fence 011ie ittl park prtiplt There is no power on "dhrtlinil land and vent a' maw froin.,44g the water.if , his ,land siva W witer 3. ,And no lawyer Is qualified to giyq fin 'opinlohurtiess he has gone thorough* •ts,,iy,int4 this. It has been' publicly. • • stated -that the riparian 'tighs have never been settlell. indgo Branotpg, decided otberwise-thgt they belong tc*Julla D Tuttle's +heire.' waet-sue to the water tuatk. only. The riparian rights claInse was taken out 'of the. original declaration 'he-, ettufte • the question had been pasitetk% non in the Worley cas, tf via I had gotten a verdict. alorig this it would probably have been revrs-. .ible. •P 1.1"1 was amused at some o: the opin- 4>t ' - 4 . 4 a rtintrlan riglatt‘ That's the ihititi guetien"t tintin0114of t.tidit wontlike toh,,, etled,lind 'along With .; th.014610; the eti ' I A4tbtlid.4 Ike • th ge ale , •*1#01A,1`. 1 -•!•a coUr Istcn Or Ion e4 vr tiler ".:,,tight tti the w ler frnf, in ' reaJ anietratte,10.1' tngin t at4nd for. ,.."..t.ltiti- .. 'Wee 1:Awed:V. ps bot Of the 4401' Viltd' if pier Oak' trt , Pighte (4+0, e ,i6, a ,114 >Riparian Rights the 1.• ••The .expecte thati stated that: 14: was •11Parliiii right mount go any-, CoutAilmai( itlghl, 0 - cl et s to ttaidr•th4 I clisanpointed4.. ,"Therg, et, ' P rid,iildtit Coast ,_ till itnd etfi 'Of '';'• owned Way cop -mane will ask"fornitInj titee rIhts,4114 . ilghteythal). That tled 'and thee a hew ogee will, lettl is whit.001ga torney8 are WO foo...4 'A Atied in whip theriparlan rig* It seems fqtne th instea&O1.* easel lit . t er will be 4lectdd. JAttiernityl: of um Oa 1114.a e of ettety. 1 li lobo! 1). Pride ad,vlited the celhell; can't for the lit or nut See where last ii,Ight that an ape Si ,rotn Ate, it eottl&410 teettle tht r••• lit eiti on therify Petit tattite • el-, it luestioli4 Init eould ;onl tilhlY.eettle the:wnership ilt tVelet, taital dock property.' , ,e Lawyer*, IblxplalnIllite. '4111r. Price, H. It Eyielf and Judge .1.,EmtneiteWolfe appeared before Hitt council tat eight to, "find the pastT tion of the council on the bay front suit." Mr. Price read a lengthy pa- per to the council in an effort to ox, plain a few tof the questions ‘whiel are apparently in doubtfand lievalso advised against an aPpqal to the sti. preme court from the decision hand>, ed down byt, Judge 13ranning. In giving this advice ME, Price state. that it the supretnetbourt ,dectdet the terminal dock property should he given tb the eltyMite otty would have to pay till ralirotril coftany for the improvements. We dont want it If we have to pay s big price for the Improvo- meats," said Councilman E. (,.: t' Homfh. Mr. Price pointed out that the only way to get the riparian right question before the courts was to start offera- . •a+•• *** '.'4*1$,N*10.* **, 1•13•"+;":".i„,•••"tteir•kt"):5".1.f.'"e'&, ilkat.1 in or the 'ittrii ti t+Iiiit''. . . • .1 .s ., , "nt, 01 4212r `'' Yio City ilid" titit,.*Itt,1 ett 7,10111.1,110(31tr. 1,t!MOtO higil"*.-ik'p W3dottet I" thCatitttrOvelaaatgl -tlitut.;•OrAlie ''' de on I-- "' I, 4. heal,..4* Edit ..1:4 t gifting cc t PIO Of $latit 7 VS: ilitllhiliflit-lity*trettr, sett ofjithe • HOW. t SaidCettitlitS• win the tertntnal docks. 911•:' the i 0ott.:440 ii.r.iii;., t., . 0030,30,0 tiottride ."' ;"•iIit., rtiter hanktite ittepretnecoarrtlet 1 ' ity, tiitt, 0 ' . it find' tijib Oark Stotts where ttlftet .02 ' , eiti•+ 4', ta, "N. ,•,..'",!:" I etends. Bet with a Patsk WItalt8A,e : Iglit,„,",h".• 01i4; • .1I"-'''',." Viet of Abettit'front,, It 1,1sonui AO .,4 trnt, Da. llitiseWe"riebt- that •tv't hare a vleatt14ittitin wo it . 4, ,.,', ,... .... gunge ort erg. $7.0060. Volt want to ay,: eelitel'ilio.'llrnte:09, petill •We atill• ' li ,e otir riga t Atilt& of' PI* ;,•1 t• t. : 1 0 it ta ()t)) 1.3„ ut ,141utit th 0 Velpe., ela• ••4•' , ' ;, *.,l'ebbjeTPYtip iit ithg case- a mpanY, .in l) • b. '...1 Ili 'the .01) uthern, on, roes vb. lore, 223; the en ' e eetidri, said: .. 30d an 11•-t4tes to "-itte nevi tole 'W.e.telithe state riparian and tee itin ander,sucti Waters iiir ciutiltigAneenore or spaceuetWitint reittitiugh. and tOw Water marks, !IVO I11401.10.,1' 1. J,' 01. toe state or of the 1)2tapt:40f tee stets ia `tneu• united oetiedvereign eapaty. buell - iantle we're any better' oft than when "tv ar ot ,Eitetior We parvenu et isSio started. TheIteflity thing we 4 him o nverefim into matte values, or thetaivyers for...I:wasthrown ouj Ot to .1 edhetiou into several or twit- theipse entrly. itttee.venttfrict vinuai ()tat/undue, *hut' ter the US) say that. We. 4111h1 have gotten that of nit thpeonie et theistate ior par- ts, ir p from the i•alroad"t • '''1 pollee • ot navigation, •contelero, eau- •..., mg, Loth otttur tisoPtettrposes al- 1 et:a uy tee water( thereoe." in the Me tti clacitilibia nd and % Mt. tat. rtollifjezry Pass stll tti. 40- st:elation, ireiMineu au' tti b 'in& a-r (0:.. tither!' coeit,s tid: also affect theiry ditrs. en thocase, Frank *I Sam T. 'Young whIth led Mr. itt Ce tOrerna elf thati "some people will nevlse be satinto& until we get the the riparian tights all the way froth Hey West to Jack- sonvIlle and put the railroad com- pany in the kandt of a Areeelver. Seine folks don't want to know the truth about WS Mae.- . JudgeJ. Ethinet Wolf.poInted out. that the city never„-towned riparian; rights to the strIn;-.Ad catirt get a dollar's wortirof revenue Out of it, ripitritin owner may use the' naitgebie ttiaters and tne leads theretnidertyljnosite ids land fop.pur- Posett ofantiAtigntIon and of eonauct- Ing corilifitkbe besiness thereon but miehrriglit tithritty concurrent with the* bfrother inhabitants -of 410 zatate andlnirt be exercised BOOM as Wiriest helloed for a park. Some of :thets. in tapa'b- technical details might lead,to a 1::• - lesrace sof.V•aitigreititrom the state, versal," said Judge Wolfe. "I "don't believe the testimony sustained the Tire 1.415a-crein's°1411reirg0;toatdlioelburiseinr6411if action .1n glyIng tne railroad a 16- , ?Waters _ef the state foot right-of-*.y-but what's the ;Ivittitvritteit Waters tao in front of harm ir the pin can use it The anO. the"riparian owner or riwrian rights duestlen ban b-lest- fthe the city trying to bnild a dock and let tlitratiroad apPlY forn j u net I o n • 11 ti oivri.oliktiavticweit,i a Ltfri'itht#7- atOkntiis .Pt-•• the,.1,41 - ' "teit...•:governi• : Witf,lthti'land In OtnIttele e* •ri,' a •-, •ttWtter tit ..the, n11eO VrItar,t . bet 1 .. lrittPOS ' intitccenti to_, 0/gate- lie . :the ills.lit to nee! PiWaters in Ifitit' thereof W4-fie.' lid batreetilligh and low •tt'tivater• Wir the:411604e ot ' beating,' lting„; atingiand tirrigation; but 14) liikri tiate tiet>cexlintive. 'Evei•jtiti Other ' ikiXeti otthe.state of Ptirlda! hVeitiafifghtecsvith him of l‘naingi + , the.; beretietween high and low Wt-, •b14" ftlitAtid'.tlin. waterer 'adjacent, ih: .4'....!eii:botitig,, bathing, II/thing, -fikr"I.lVittld '-eonintrce, 4.8 the !',,....ifow Meae WO city beide the ;‘'' '..tef inentelleitiOtritin the Botle- •,0 the MO& Of VilOgYtie littY itiii11:eryiitiaen • of MititiNhas-the rg* to titie stiteftir filettsiire itur= poses. " The state' holds' the title' to e•land between high And low water arlt, and every eitisen Of the A tato has the right -to. nek•the spe, her tween higli:;and lqw water niatk and the watert4 Adjacent herto -ad free-, IY es .tlieOripter• ofthe riparian righta. Oae.bf thiyeatipeAtbove cited ref erivto theCtight. OtAliti- public. as being' ell- tepor te. the rights of ;the riparian Olvnetpludity opinion the raiiiyayt ebmpa tphaving nit POssession or right tit. ticissessien of the.upind ad- jacent tothe ratk in onestion,'has no right tcrinte the watera or the land between the .high and low water mark, Rupert* to the, right of any other person in the State of Florida. They may have a chneurrent right, lie have- the right to 0kt-to the waters but otte thing is certititi: If the pub- of Biscayne flax theylitive the rtght to use them for boating. fililtegt bathing, and other legitimate ern se- ments. .: flu the etunplainant and the ht withiall other 40Of Hre statellavb the -tithe ters of the nevi- 110232 1L tim quota*. . ft* the dectsiente ,`,111egal coritritet/4 •;•••* • theoMpreta, '•,ebutP, of''' the state, of :"Pur contentions .are cor- Agin, t. pirtiward vciABI portal in "tho.50th ,,,Bou thrn, ,..„ '' **4,' f' ' , „.• 6 2 it,-Itimelitpreime court. says: 4; riOlts' "Pte "" • 'tan 'and acipveilen ' eioratle from the -up-,'• '!•• ordering on navIgaidb inconsistent with tbs L. , Le in , genera,' to ordinari 11,. dedieationwere reserve& by Julia D. Titttle and' are payate prepertY. 'This prirate-ownerkihip was cophrut- edby the,upreme court in the F. or-, leY motet as ie shown by the fo low- Water mac of navigitple waters' !leadn elders, who- by impli ing language used in said deision: of la* a d in' addition tq, the' "To guardagainst misconstruction of navigation, omrigterib. • fitthin of tbe real intentioh sought to be Conveyed by writing the ward park upon the lts, it was entirely proper 4. to specifically 'eerve or except the riparian rights from dedication. Con- equently it is proper to bold that ot access from the wate PS.rian land a'nd Perhaps -ether eas all riparian rights incident to the mellowed by law." andrtthe bay erten, g from It li ported in 48th Southern, 648 the sit: promo Court of thjs state tittyki4 A 4ss'n. vs. White Ttiver .1iea'n., re- gain, the case ofTerry Paki. & ',Parcel marked park ate resered. We a hold, therefore, tim the parcel o land, lying betwsen , iscaynODriv --1 drawn across the trip at a poin "Tletatate, br virtuer.;,sove.., opposite the center f Seventh stree eigntyholt la trust to *V inhabi- actin to ieirati* line drawn acrose tbe tants of Hal cbtate the t.1,10.0 ' the opposite* the center of Third lands un0 .athe navigableleVatera street was and is dedicated as a pubiwIthin theatate, including the Shoilfc kw park, but that the balance of the or space b wean high nd IOW Water strip together with all ripariansark" * i!. ,:tt '•J•,. e ,te kentire strip aro rrerved from dedir mark is a part of th O tr" rights incident or appurtenant tothelepace betvien•high'( Murk when a,vllid amtrary' Witt does not a1re4 .Those qwn latt44eittendifig to ordinarY high - boating, etc., common to have in general certain in the u4Iii of waters o holdings, among, them be Ine• • filling in alviii itinot new lad. Meng deals' of tither states hold !, that thone ,•ntadti lattd immediate- 1Y,Jtecoines the property Otthe. state. Others !kohl that the.righ, of the state life jirojeoted 'furtlfe. into the •1 bay and the newly tuadatand Blame- , dietely becomes thil.qtreperty of the oysner er the upland ,. This is a Ones- tht3ii thht 'Won tt,prcibly ncit be de- li cided by an a ' eat tri Hite case. It is probabe th. 'the city Would not g have thp right' ,make.eilta out into 41 the baylf their. ght • rofitentested. .41 aVe the:right d litirdingillaces 'Aittd' to- nil up find E4 ranch as they p limitation only eld be used for park p*posii. • •';:- '',, e publi „ , ,,,..4,,,i1•4-t„!*_,,,•*„.,..-- . - 4 • ArXglit 4.- 404 Et th]. dthe right, co, the ra. .roth4flia- cation and consti late privatteproptable watera, the title . jen: la in ittlatate in trif for h bli"44. erty.', , The ownership . of the riparian 'Again, in the.. me cse*, e Ootit rights wag therefore decided lento continuing stony+ ; * ":' before the bringing of the eeatmil "Subject to the sUperldr righ suit by the city and decidWhy th the public as ,to navigation an tiourt of last resort in the:,,t3tnte (if meree and to the concurrent- I.hts. • Florida; so the ownerslinNtdbAlpf the public at1.- fishing at ath-. parent rights is not like biirn itlioer lngecaenrdtt,ohueilV.i a ripar,len er' coffin -suspended in mittrmayir.*btattntlitt skOreit, The only question lett eridecidetiadjacent to h erlitiO holdings; '.4.! by'the supreme court was the effect, , df said teservation tied whether or N " ' not the owner of tile, riparian Itightsi - could fill in in front of the park and; thereby cut off Wel, eople of Alias:til m frothe bay. Thkte tread company 1 cluing u er iulbaP.44ttle claim- rt eill Snell ri and tartbernitire claim - a itg that tloy 'bad . •is6ret *me tIght by fillingliirin '1rL Fthe en- tiro'e Bay Bay park, thus . 4' park high and d7 . y feet fr,, om the water. T e q ii unde-' ,r Olded in the Worlef eas decided 10 tty, Judge 13ranning as AO exept-. T 1 %: the Tertulnal dock 11 f Lot the ..,,,Y Of Mia , and ,thti• Jail by big 7! ge dpci that the railway; citn-.11 They dotibless to" hull&whariese ter pleasure improve the; saw propOW that the pror „, . 7. •." 'a _=- .:t`J sot oity 0o n L2, Ctty of Visas fl# r , Thursday Qut. -mrdor, , 3D Poita b7 C ►irsnak Bs#y t `. Ga. Wort. T. R W ►rton, Ea L. Brady, C. T'. ma. ..r, L C, Ram ►, 6 T, Rig layman, 0, Hefty. duty made and carried. council *d4ournad until 7 30 P.M. Qot. Adjournod mooting city council city a Miami, Florida. Oatobnx 12, 1916. 04104 to urd dry Chairman Hefty' 7 ?gyp P.M* Members Preasmi t 0. Mart, ', ii. Wharton, E. L, Brady, d. P. Filaaasc, • Ow Romfh, L. 7. bigbleymi*, ©, !lofty. Q0uaallaoan Wharton i*txoducod the following ressalutian R+eoolutton Bo, .L 400C Whetrea.e, by revolution heretofore easesad and adopted, oaniia>`r7 hewer improvement No. 16 ke>e boss oxdt rsa. ooaetructed, under the proaleions of Section 36 of the City Charter; and Whereas, it to the duty of the city oounoil to make an ostima.te of the Ato+et of an slight inch seer in that portion of the imProvesnont► not =brewed by interaeotionaa : Wow, Thor,fore, De xt Resolved by the City Council of the City of Miami, Floxida t Section l.t ?bat tke cum of 13900, be, and the.. seem is, kelareielr fixed 'ease an estimate of two thirdof the coat oiconstructing an eight inch sewer in sanitary ever district No. le, as 'saw .ble apainst the lot* and parcels of lam abutting *aid improvement; an; that flee 4= o it ■ be, Inn,A Ott aMas is, Iacuceby f .xaan estimate. of the pov'ticsoA of the goat of the ostimsated i oldontsl >at nl expenses s essay .@lo against said lots And parcels of l ►d in acid divttriot aforesaid; cad tout the sums' of 1161146 surd %MAP be, and the name aars, hereby fixed as the porticnte of than oovt of o>anstraaatinak;, 021.1;: ata-,,Nr Improvement and of the o>atimataed ooa:t of inoiAn,t l smpsnoss, roapootively, assessable against t.5e aaity at large, embracing intsrs$ot ions, Pasased and a4optod this 12th day of 0otober, 1916. Caspar Hefty Prs►asident City Csaunoil Attest* W. Wood by sadoptf d. A. Moor City Clerk. F, Cr. Wert, on oc: by 0. V. Finer, tbo.t rsa,aalutiof A•100G be On roll rill cal vote ysa, W. T3, Mocaaca, city aloft, City of Miami, Florida, hereby o.1tify t)st ti►o above and fore ing is a true and cQrreot copy of resolution No. A01066. as shown kR Minute Book No. it of the record of proossediaxge of the city =moil of Miami, Florida, of which record 1 ran ties cos od.l.ar.>ti. Mules ray Mien tucse sen.. Like seal of the city of Miami, Vloricj.aa, this ..... mdar of Way, 1917. City Clerk, Miami. y'lo>r ids.. i�i�`u�h+V.a�'is�'xt� rBt SE k-: NOTH MIAMI IMPROVEZVIENT ASSOCIATIOII FRANK BAKER, PRESIDENT H. W. SCOTT, SECRETARY This Association has long realized the need for a gore thorough and systematio forth of city government for Miami, and we find that the opinion that a change in our city oharter is desirable is shared by a large number of the citizens of Miami After a study of conditions here and the manner in which oity governments are conducted eleew]>pe, we, and a large number of other oitizene, have Dome to the conclusion thatitgm Manager-0omrniaeion Plan is the moat businesslike and systematic plan under which a city oan be governed and ite business oonduoted. Therefore, believing the time to be propitious, we reepeotftilly request that your Honorable Body take immediate steps to eeoure for Miami the City Manager-0ommiseion Plan of city government in a000rdanoe with Chapiiei 6940 (#134) General Laws of Florida, Session of 1916. Y.; k eetimats; .ofF';t ie `aci: :c ri W the inprcovementa not-embxave'c9 Now,4 Tl ererore, $e itt Reeo1 Oity."of Miami,= Florida: Section . Oat the eutm of hereby fixed aon" estimate" oX t*.Q y ' :an ai,'ght nob-,sewerin San'itary�:: 8'e' asseosabl:e against improvement;:" and that. the. a ta;;o fined .as an eetinmat$. ;o' the. o incidental expenses a$+eeeeable':=, a.aid distriots 'aforesaid, r d • . " $1, 084 41 be anti the -:same .-are h.ore, oonetruotinueai,d sewer ,.impxovep en • expenses,. 're.epegtively', "'aae:eseab the'intereeotione. gecti.on,'a: �1iat .the" ;eumi hereby fixed," ae an estiteot'+ an eig,`h' 11104 sewer `in .$an"i';tary . S aeeeseable,, against . the:'lots and pe and that the:,:sum of $525.91, be encl e et i'mat:e : o =: the`. port,on+ o:ei,a expe.ee;, aeeose+ ble%. age.... . . distearicts; 'or:e a ;d' an be end :theearna -6onot tint'a ay,d: i'er ,,, .'•,,, - _)- ..",,,4-,j . . .,., Were pre prouhuid .to thie'dOtionh.004i. ,' 43):,,e0 , stsayisofiodlory 0. r, Pi1,61.0 04,Audit„„ec -4 Iii40: 'sett1siiie0.— MONTHLY REPORTS FOR SEPTEMBER 1916 19ic Taxes, Piumbing Inspectors rep b"ee(.1ing or horse 'Tax redemption Improvement lien cans of garbage loads of rubbish mules, horses, dogs cow calf destroyed ihe oilier or police r portea OloU2. rinee ana rorreitures; 274 arrests; 173 days wor4 or :risoners; 518 days feeding prisoners, cost of feeding 4259. the Supt of th,, city cemetery reportea the sale 18 48 to Carper and Pharr E 18 48 to J. H. Potier, 9 8 (grave space) WI 7 8 to Mrs, T. Howell, ,Onm otion duly made and carried the reports were ordered received and filed. ESfil.AT9 FOR TH MONTH OF SEPTEMBER uue Harrington, Howard Ash, for supervision bridge Due I. F. &tomer, 12th Street Bridge construction Avenue D Bowers South-,rn Dredging Co. Channel Construction, icham tvinaolph & Co. supervision of construtah, 11 n tl dooks, Hilieyr and Sperring Co., dock construction; John J. Quinn Co., aewer construction, Eet_t,.;: of B. Fickle, street 0onstruct0A, Freealund Oonstraction Sup.Ly Co. 27,071.81 1,951.85 656.55 8,653.07 448.13 • • , •11.••••••• • Regular meeting dotbber 5, 6, ES'1iMATES FOR THE MONTH OF SEPT MBER contd. Biscayne Conet Co. street construction, sidewalk It L. H. Blackmon, n J. F. Morgan, street oonstruotion, J. R. Little, storm sewer oonetruotion, 1508.62 • 829.87 1792.12 7558.02 10512.94 tamed by F. H. Wharton, seconded by 0. r. viler, that the estimates for the month of September be paid. Motion oarried. PUBLIC IMPHOVEmEN`1'S STREETS SEDERS SIDEViALKS COMPLETION Q AND ADVERTISEMENTS FOR HEARINu COMPLAL NTS AND CONFIRMATION OF' AS8ESSmENi ROLLS. uounc11man Wharton lntrouuced the fol. owing resolutions: RE SuLUT1ON NO. 431-E Authorizing notice of completion of Sanitary sewer on Wadcleil. Street, complaints to be heard October 19, 191b. RFccOLU'r1ON NO. 451-E Authorizing notice of completion of sanitary sewer on 14th St. from N River St to Avenue complaints to be hel,.rd October 19, RESOLUT'iON NO. 977-0 Authorizing notice of completion of aiaevialk district No. 4, complaints to be heard uctobe r 19, 1916. RESOLUTION C-977 Autnorizin' noti.;e of •:ompletion of sidewalk district No. 6;, oompiaints to be heard Uct.19,1916 RESOLUTION NO. 99b-C Autho notice of completion of side,'_a.x district no. 6, oomplainte to be heard Uct. 19,1916 RESOLUTION NO. I87-E Authcrazing notice or completion of sanitary sewer on Siscayn,; ,dive from beverly Drive to Palm Drive, complaints to be heard October 19, 191b. RESOLU1ON NO. 83I-E Palm Drive from Authorizing notice oI completion of sanitary sewer on/Biecuyne Drive to Biscayne Bay, compdints to be heard October 19, 191b. �aov�a oy c. r. F11e. , s condea by F. G. Erfert, that resolutions Nos.., 431-E, 45i-E, . 977-c, C-977, 9,2b-U, 627-r, E31-1!,' be auopted. On roll call all voted yes. be moved by F. H. Vhurton, seconded by C. i . Filer tqat the clerk also authorised to r.uolien a. notice in the Miacri Htafd , not.fyin: the public that the gaeseesment rolls rave been fiieo by the city encineer covering the Sanitary Sewer on Wad ell Street, Sanitary Sewer on 14tn 3trect from N. River St to Avenue U, Sidewalk Dist icte 4, b, 6, sunit .iy se:c:r niec:_y%e urlve from Beverly Drive to Palm Drive and on Palm Drive from iiscayne Drive, said notic to a_,per twice weekly for two weeks, tn.:t at 8 P.2. Ocober 19, 1913, lit the city Mill, complaints will be received to the confirmation os the said roils. on rol.L call a1.. oted yey. un motion duly ma...e ts,nu caa:rie .council arajourned until 7 3U P.m. October 12, 1916. City Clerk. Pxe0 'AC 0].t esessrnent 4.14