HomeMy WebLinkAboutCC 1917-02-01 MinutesA210
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REGULAR MEETING OF COUNCIL THURSDAY
CHAIRMAN F. 0. ERFERT 7 30 P.M.
Members present: F. H. Wharton, E. L. Brady, C. F. Filer, E. 0. Homth, L. f.'fighid
F. G. Erfert.
Chairman Hefty absent because of illness.
Moved by E. 0, Romfh, seconded by E. L. Brady that 0ounoilman F._L Erfert, be made chair.'
man of this meeting. Motion carried.
DOCK AND HARBOR IMPROVEMENTS PREMIUM ON BOND OF $100,000. BY CITY OF MIAMI TO
UNITED STATES GOVERNMENT
"Jacksonville, January 24, 191t
Chairman, City Counoil, •
Miami, Florida.
Dear Sir: -
Please refer to letter of November 21, 1916 addressed to me by Mr. E. C. Romfh
finance oommitteeman, requesting a reduction in the amount of the penalty of the $100,000
surety bond furnished by the oity of Miami, conditioned upon the oonetruotion and
maintenance of oertain harbor facilities.
Mr,, Romfh'a letter was duly forwarded to the war department and the matter
has received oonaideration by the Secretary of War. On January 16, 1917, the secretary of
war approved the opinion of the legal officer of the depart ent to the effeot,that in the
absence of authority from oongress, executive officers have no authority to surrender or
release obligations due to the United States exoept where a release would follow by
operation of law, and that the secretary of war having aooepted the bond of the oity of
Miami as a means of satisfying himself that the work required of local interests will be
performed, has no authority to give up this eecurity or to relinquish the oontraot right
already vested in the government by the acceptance of this bond. The secretary of war is
therefore unable to release the city from the existing bond or to aooept any lesser bond
in lieu thereof, and I am directed to so advise the pity authorities.
I am further directed to present to the city authorities for consideration,
the suggestion that the city might arrange with the surety company for a reduction of the
premium on the existing bond upon a showing that the work has been largely completed; and
if such an arrangement oan be effected it,iwould seem to be the preferable one to adopt.
Very respectfully,
W. B. Ladue,
Lt. Col. Corps of Engineers.
Moved by E. C. Romfh, seconded by F. H. Wharton, that the oommunioation be received and fled.
Mr. Romfh stated that the city auditor has been handling the matter and would oontinue
the effort to secure the reduction in the premium.
BAY PARK SUIT
The clerk read a resolution of the Southside Civic Assn. endorsing the•action of council ..n
deciding to appeal the case to ,the supreme court.
0n motion duly made and carried, the letterve,e reoeived and filed.
BAY PARK SUIT CLAIM OF HUDSON, WOLFE AND CASON FOR ATTORNEY's FEES
"Miami, Feb. 1, 1917.
City of Miami,
,Miami, Florida,
Gentlemen:
We enclose herewith bill in the eum of $825. representing balance of fee due us
in the Bay Park suit in the sum of $750. with an additional charge of $75. to cover
;stenographic services and other expenses incurred by us in the preparation of the bill of
,exceptions and part of the appeal record. These expenses were incurred by ue•betweenthe
date of council's instructions to appeal the case and the date of the notice to us that other 11
counsel had been employed. The post to us very much exceeds $75. but we are willing to
accept that amount in settlement of same.
Inasmuch as our services in this case have been finally terminated, we will
''appreciate having an early remittance covering this bill.
Yours truly,
Hudson, Wolfe & Cason,
By F. W. Cason."
Mr. Romfh: I think the matter should be referred to the committee. The $75. should be paid.
They were to be paid #5,000. if the city won through all the courts and settled the riparian,
rights question and $3,000. if the city lost and it has gone through the lower court only.
We have a hard job to know whether we won anything or not. We were advised Aot to go
further by some of the attorneys.
iMr. Brady: It is evidxnt if we agreed to pay a oertain amount we will have the bill to pay.
Mr. Cason: I don't know what position Mr. Mitchell Price will take in the matter, but so far
a s we are personally concerned, we are willing to proceed with the case and if for any
(reason our services are terminated we will of course expect the full. $1500. fee. We have
personally indioated our willingness to proceed, or retire, if it is your plea�eure;and .if
tt is your wish that we reture we certainly feel entitled to the full 1500.„fee:'
per. Filer: As I understand it, the committee has made no report as yet and until that time
think it would be well to refer the matter to the committee oomposed of Mr. Romfh, Mr.
Wharton and Mr. Highleytan.
r. Cason: We may be a little previous with the .bill but we have been notified that we Were
o longer connected with the case. We took it as final when Another attorney galled pn 14a,
for the papers and stated he had been retained to handle it4,
,Mr. Romfh: They have presented their bill.; we Will .take] it *Z
tf
egu ert:ng'eb
each councilman a copy of it and we will report on the question of the attorriiy'8, *hat, i
our opinion, should be done with the bill. The committee has a report to make on the. em
of other counsel. Price and Eyles notified us they would expect the balance of the $1500
but we were not in a hurry with the bills until it qae desterminCd just what should be do
The matter oan be reoeived and filed and if we are going to pay it it will be paid in the
regular order of business.
Mpved by E. C. Romfh,'eedonded by C. F. Filer that the bill be reoeived and filed for
future referenoe, to be taken up at the next regular meeting. Motion carried.
HEARING OF COMPLAINTS AND RTMONSTRANCES FINAL ASSESSMENT ROLLS
STORM SEWER DISTRICT NO. 1
PAVING AND OILING HIGHWAY DIST NO. 1, Ave. D Ext. Waddelj. t
6, 20th St. G to 0soeola
9, Broadway,Brookell to
SIDEWALK DISTRICT NO. 8
SIDEWALK DISTRICT NO. 9,
SIDEWALK DISTRICT NO.11,
The olerk read a description of the property benefitted by storm sewer district No. 1,
together with the streets and highways upon whioh the sewer was oonetruoted, stating tha
the assessment against eaoh lot 50 X 150 is $60.83. The clerk then asked if anyone
had any objection to make as to the manner in whioh the sewer was oonetruoted, or to
the sewer itself or to the cost. (No objeotions filed)
Mr. Erfert Stated that someof the property holders had figured the cost to be excessive.
Mr. Wharton replied that the cost is not excessive and the distribution of the cost
is equitable and in accord roe with the charter.
The olerk read a description of the property benefitted by Highway Improvement No. 1,
stating that the oost per fifty feet is $19.10. The olerk then asked if anyone had an
to the work, to the manner in whioh it was done or to the cost. (No objeotions)
The clerk then read a deaortiption of the property benefitted by Highway Improvement No.
stating that the cost per fifty feet is $14.90. The olerk then asked if anyone had any
objection to the work, to the manner in whioh it was done or to the coat.
The following letters were read by the clerk in regard to this improvement:
"Miami, Fla' Jan. 31, 1917.
Miami City Council,
Gentlemen:
I understand that the time to register complaints in regard to the improveme
on 20th Street (putting down sidewalk) is on nFebruary 1, 1917. I had a oement walk
running down to my lot line but the contractor in putting in the sidrwalk cracked and
destroyed part of two squares of my walk. I called attention of the inspector who
represented the oity engineer's offioe, to this condition but so far no attention has be
given to it, and I believe that this should be repaired before the city accept the job.
Very reapty. yours,
F. D. Akin,
711 20th Street"
"Miami, Jan. 31, 1917.
To the Honorable Mayor, and City Council of the City of Miami.
greeting:
I hereby enter protest against the assessments, and filing of liens
against my property at 715 20th Street as per assessment notice sent me on January 25 19
by W. B. Moore, city rolerk. I quote in part my reasons for these protests as follows:
1. To the best of my knowledge, no petitions were ever oiroulated, asking for these
improvements.
2. No notice was given of suoh oontemplated improvements; here having especial reference
to sidewalk notice, so that we oould have secured, if necessary, our own oontraotors.
3. The destruction of,linea and grades that were, and had bean already established, by
duly authorized engineer of the city, without re-establishing our lot lines in full, an
condemning said property thus affected or meaning compensation therefor in any form.
4. The destruction of ptoperty, together with the illegal and arbitary method of enteri
said property.
5. The unreasonable oost of the street oiling, owing to the fact that the street had not
been graded, before oiling, thereby creating unnecessary expense, in that the work will
all have to be done over.
Yours truly,
Walter B. Abell."
Mr. Akin: They changed our lot lines and disturbed our stakes'and never replaced them.
My. sidewalk line was given by the former city engineer and I filled in and spent about
for filling which I don't get oredit for at all on the sidewalk,- I have to pay just as
for the walk. They changed our lot lines and out of three feet from some of the lots.
didn't intend to bring that up to night but thought I would do so.
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Mr. Hoffpauir, asst. city engineer. The oontractorhhas not been paid hie final estimate
and if there is anything to be done we can still have it attended to. This particular
thing has not been oalled to the attention of the oity engineer and it may cost a .o 11a
or so to have it fixed. The inspector possibly forgot to tell us about it. Where anyth
was taken off the front of a lot it was put on the book.,- the lots were longer than any
recorded plate show; we had to arrange the blooks so there would be the exaot distance
between streets.
Mr. Akin: Our stakes were disturbed and it seems t 'Me 0e :city .ehguld have re-eetabli
them. My walkway has been damaged.
loyment
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objection
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A210
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Regular meeting February 1, 191'7:
Mr. Abell: Are our protests a matter of record?
Mr. Wharton: Yes, sir, they will be oopied in the minutes.
Mr. Erfert: The city oounoil wi 1 see that everything is dune right, We oan't give immedia
attention to all matters.
Moved by F. H. Wharton, seoo&ded by E. 0. Romfh, that the assessments be Confirmed.
Mr. Abell: I am protesting against a lien being planed agcinet my property. By Mr. Wharton'
motion my protest is ignored and I oan't sell my property until that lien iaoe noelled.
Just go right ahead. Mr. Waarton's motion precludes any further protest on my part.
Mr. Wharton: You are not stopped in the making of a personal statement.
Mr. Abell: I have a very clear oase the way the matter stands.
Mr. Wharton: He deems to feel ohagrined because he has not been called on to make a statem
r. Romfh: This is the time and plane to make a statement.
Mr. Abell: My complaint in regard to the sidewalk is, in the first plane there was never
any petition asking for that improvement over there.
Mr. Romfh: To enlighten you, the charter does not call for petitions now.
Mr. Abell: However, sinoe that oharter was passed I have reoeived written notice to
construct sidewalk on 4th street or the city would.do.so. I reoeived no notice.on 20th St.
and my front fence was torn down and two trees and three feet taken off the front of my
lot and nothing given on the back. I am willing to grant the provisions of the charter bu
not the equity. I atruok the same snag on 4th St and went to see if any guarantee was
given and there was none. About oiling the street (20th) I olaim it is an injustice the
oil the street in its present condition. Mr. Akin made a protest before it was done and i
was ignored. It is above the grade established by Mr. Klyoe and close to the grade
established by Mr. Frederick. My lot was surveyed by nLlewellyn before I would pay for it
and when I got ready to build my sidewalk Frederiok gave me my grade and I graded my lot a
put in a rook foundation for the sidewalk according to that grade and Mr. Kyoue name along
and reestablished the grade and ripped out everything. It may be your charter grants
that but I don't think it is equity.
Mr. Romfh: Do you want to build streets and sidewalks according to Mr. Frederick's grades.
Mr. Erfert: This man has a grievance. If the grad was wrong, of course it had to be
moved. They took off three feet in front.
Mr. Romfh: We might hold up 20th Street until Mr. Klyoe gets here.
yp,
Mr. Wharton: I was oalled,over there twice while the work on 20th St was under oonstruotio
A few of the lots projected out and the engineer did have to take off three feet, but
the lots ware not regular along that street. Take the blook Akin lives in, the lots
projected out too far and the next blook vas about right. Mr.?Klyoe run a line through
from 19th to 20th St. to show you there was 300 feet between the streets. However, I
don't think it is the duty to make private surveys.
Mr. Akin: He had no right to disturb stakes already established by three engineers.
Mr. Romfh: Before My. Klyce established a starting point and set monuments all over the
(city to have something to go by, the grades were largely on the hit or miss, plan, you
'couldn't tell where a lot line was. He started in the middle and set monuments all over
town. He went at it in a thorough manner. We paid something like $2500. to get it right
and found a great many fences in the streets. Doubtless that is the condition existing on
' 20th Street.
Mr. Akin: This is the only black that seemed to be out. On another blook th a eidewalk went
down 5 feet below the level of the street that was the original out for a sidewalk. We
got that changed.
Mr. Wharton: We have had it surveyed twioe.
,The olerk then read a description of the property benefitted by Highway Improvement No. 9,
3roadway from Briokell to Bay Shore Drive, stating that the cost pr fifty feet is $97.72.
he olerk then asked if anyone had any objection to the work, to the manner in which it was
gone or to the cost. (No objections filed)
(rhe clerk then read d 'esoription of the property benefitted by Sidewalk District -No. 8,
Etating that the cost r.r fif y feet is $33.38. The clerk then asked if anyone had any
Abjection to the work, to the manner in which it was done or to the cost. (no objections
filed) except those of Akin and Abell whioh also have reference to 20th St paving and oilin
rhich are copied on page 540)
,The clerk then read a description of the _property benefitted by sidewalk Improvement No. 9
stating that the cost per fifty feet is $62.07. The clerk then asked if anyone had any
objection to the work, to the manner in which it was done or to the oost. (No objections
. filed)
The clerk then read a description of the property benefitted by sidewalk district No. 11,
stating that the cost per fifty feet is $47.02. The clerk then asked if anyone had any obj
to the work, to the manner in which it was done or to the cost. (no objections filed)
Mr. Romfh: I seoond Mr. Whartone motion that the assessments be confirmed. Motion
unanimously oarried.
Mr. Wharton, then introduoed the following resolutions:
kr
42 egii.at meet rig .. ;; ► ..,
RESOLUTION NO. 889-0
Distriot No. 1, Highway Imp. No. 1
Aoceptanoe by the oity oounoil of the work of oonstruoting
Highway Improvement No. 1
RESOLUTION NO. 889-D
Confirmation of assessment roll, Highway Improvement No. 1,
dnd directing the clerk to collect tie assessments in
accordance with the roll.
Moved by E. C. Romfh, seconded by L. T. Highleyman, that resolutions No. 889-0 and 889-D b
adopted. On roll oall all voted yes,
RESOLUTION NO. 894-0
Distriot No. 6, Highway Imp. No. 6
Acceptance .;y the city oouncil of the work of constructing
highway Imp. No. 6
RESOLUTION NO. 894-D
Confirmation of assessment roll, Highway Improvement No. 6,
and directing the clerk to collect the assessments in
aocordance with the roll.
Moved by E. C. Romfh, aeoonded by L. T. Highleyman, that Resolutions No. 894-0 and 894-D b
adopted. On roll call all voted yes.
RESOLUTION NO. 897-C
District No 9 Highway Imp. NO.9
Acceptance by the city oounoil of the work of constructing
Highway Imp. No. 9
RESOLURION NO. 897-D
Confirmation of assessment roll, Highway Improvement No. 9,
and directing the clerk to collect the assessments inn
acoordance with the r..11.
Moved 'by E. C. Romfh, seconded by L. T. Highleyman, that resolutions Nos. 897-0 and 897-D
be adopted. On roll call all voted yes.
Dia tract No. 1
RESOLUTION NO. 903-C
Storm Sewer Imp. No. 1
b the city council
Acceptance/Of the work of constructing Storm Sewer Distriot No. 1
RESOLUTION NO. 903-D
Confirmation of the assessment roll., storm sewer district No. 1,
and directing the clerk to make oolleotionof the assessments.
Moved by E. C. Romfh, seconded by L. T. Highleyman, that resolution No. 903-0 and 903-D be
adopted. On roll oall all voted yea.
RESOLUTION NO. 1014-0
District No. 8 Sidewalk Imp. NO. 8
Acceptance by the city oounoil of the work of constructing•
sidewalks in Sidewalk District No. 8
RESOLUTION NO. 1014-D
Confirmation of the assessment roll, sidewalk district no. 8,
and directing the clerk to collect the assessments in accordance with the r
Moved by E. C. Romfh, seconded by L. T. Highleyman, that resolution No.1014-0 and 1014-D b
adopted. On roll call all voted yes.
RESOLUTION NO. 1015-0
District No. 9, Sidewalk Imp. No. 9
Aoceptanoe by the city council of the work of constructing
sidewalks in Sidewalk Distriot No.'9
RESOLUTION NO. 1015-D
Confirmation of the assessment roll, sidewalk district No. 9, and
directing the clerk to make oolleotion of the assessments in acoordance wi
the roll
Moved by E. C. Romfh, seconded by L. T. Highleyman that resolutions No. 1015-0 and 1015-D
adopted. On roll call all voted yes.
RESOLUTION NO. 1017-C
District No. 11 Sidewalk Imp. No. 11•
Acceptance by the city oounoil of the work of oonstruoting eidewailks in
sidewalk dietriot No. 11.
RESOLUTION NO. 1017-D
Confirmation of the assessment roll, •sidewalk district No. 9, and direotin
the clerk to make oolleotion of the assessments in acoordanoe with the roll.
Moved by E. C. Romfh, eeoonded by L. T. Highleyman, that resolution 1017-0 and 1017-D be
adopted. On roll call all voted yes.
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A210
Regular meeting February 1, 1917
PROTEST OF ADJOINING PROPERTY HOLDERS AGAINST THE. PURCHASE OP A SITE FOR, ANRGFRO PARIV,
IN JAPES OR SOSTS ADDITION AND THE RESUBDIVISION OF THAT ADDITION INTO'NEGR0 PROPERTY
To the Honorable City Counoil,of Miami, Dade County, Florida:
We, the undersigned property owners in Highland‘Park and vioinity have learned that a
sub -division for another Negro settlement is being developed on the old Japes or Soots trac
north of Tlirst Street and east of Avenue L.
In view of the deterioration whioh will result in property values and the nuisanoe of
having the oolor line ohanged further west and south, we enter protest against any further
encroachment on the white section.
It has been understood by white people owning property in this section of the city that a
color line had been established whioh is 45" feet east of Avenue L, which borders Highland
Park north of Waddell Street and east of Avenue J. from Waddell Street south.
Signed Anna 0. Davis, Mrs. John Sewell, Mrs. G. A. Lane and others, in all 90 signatures.
Mr. F. S. Davie addressed council as follows: The property known as Japes addition has bee
sold and we consider that the oity of Miami has established a precedent by buying a park
for colored people outside of what is recognized as the oolor line to establish a park for
colored people in that addition. Therefore, as you started it, a real eatate company has
purchased the balance of the tract and is laying it o ff in negro lots to oome within 150
eet of Avenue L where they expect to put a row of pine trees to designate the line and it i
within 250 feet of Highland Park school, and we come to protest against establishing any
lines or subdivisions for Negroes in the white section of this city. We feel you are
driving us away by allowing subdivisions to spring up and drive white people to sell to
Negroes or vacate and get what they can for it. We have spent most of our money in
etaboishing homes and we want to protect them and we expect you to help us do so and not
llow these people to establish Negro residences among us. That is the reason all these
(ladies came here.
Mr. L. G. Hagan addressed council: More than a year ago a supposed oolor line was
iestablished 450 feet east of Avenue L and it would. be no more than fair to allow the
Negroes enter the white section eaet of the railroad as it is further west. It seems
unfair and we wieh you would cause the parties making this subdivision to desist and call
it off, as well as the park council has bought for the Negroes in this Japes' addition.
In case this sub -division Mr. Miller states he will run his linefarther west to Avenue L,
which would be encroaching en the line and depreciate the value of property two or
three blocks. If you don't want the people to take the law in their own hands I
(think it would be well to keep the Negro Subdivision within the bounds of the present
color line and not allow them within a few hundred feet of the white school. As I
hunderstand it, no sub division will be allowed or passed on by council that has not fifty
foot streets and the lots a certain number of feet. This section of Japes addition is
!within the white section and it..should be held back of the oolor line.
,Mr. Brady: In regard to purchasing that land for a colored park, we had that under
uconsideration for two or three months and made several trips out there and asked Mr. Welbm
,what he was going to do with the property and he gave us to understand that it would be
sold off and built up the same as the Miller tract. I spoke to several members of counoil
land they thought it would be bast to have a park for the Negroes rather than have them
(living there. I think a Negro park a fallacy to begin with, I have never been much
stuok on Negro parks, but we oanvased the situation, the council and mayor went out there,
'and the auditor went with me once or twio.e and it was talked over several times and we
4heard no complaints, and we thought it would be a proteotion to the Highland Park people
to have the space for a park rather than have it built up with Negro shacks. It is
,exactly south of the Dale Miller tract and the auditor and myself saw a sign on the
corer west of the tract, for sale by a Negro- Mr. Redder was with me at the time. It
;was brought up at two or three meetings of council and no complaints were filed- it was
;given publicity and we thought it all rightto go ahead. We didn't mean to establish a
'Negro park or put them where they don't belong.
A Woman: Where and when was the announcement,- we all take the papers.
Mr. Brady: Then it was the fault of the Metropolis reporter - he generally gets things
down twine. We meant it was not kept a secret - it was regular routine buisness, discussed,
there by the council.
Mr. Erfert: As I get it, the park is not so much in question as the sub -division and
it seems to me the white man is to blame rather than the Negro. •
Mr. M. D. Price: One of the lading property owners called on me and wanted to know if
,there was an ordinance the city could pass to prevent laying off and selling property and
;occupation of property in that vioinity, by Negroes. I told him any law discriminating
against the Negro and in favor of the whites is not usually sustained by the Federal opurte.
Baltimore has passed an ordinance to the effeot that no negro can move into a block in whioi
whites live and vice versa. If they really reside there the law can not reach them, the
prupose being to gradually eliminate an evil in that city. I suggested the most available
remedy would be to get council to pass an ordinance to the effect that after the passage
of the ordinance no negro should move into, any house within a certain dietanoe of any white.
school and I understand about seven hundred feet would cover this case, and so that there
'should be no discrimination, no white man should move into any house within seven
hundred feet of a negro school. The school building in highland Park is situated very near
this proposed subd-vision. I am informed that ifncouncil will pass such an ordinance it
would protect thie section. ''I don't believe an ordinance establishing a color line would
hold before the Federal courts and don't know that it would hold before our state courts,
but I think this other would hold. In that event it would not prevent the city using for
;park purposes the property it has purchased but would prevent a negro, hereafter, moving
within seven hundred feet of a white school house and the same would apply to a white man
in regard to a negro school. I would be pleased to oo-operate with the .city attorney in
framing such an ordinance.
'Mr. Wharton: Two ladies oame to me about this the other night. I want out with Otheer,
mebbers of council and looked over the ground and thought it would make a good park, for.
the Negroes and certainly thought the park site was within the.00lored s.eotion,.,.
thought there was a strip separating it from Highland: Park.,.I donit think council 0
afford to set a precedent of leading the Negroes Over the white line,,
, Mr. Cason: No action has ever been taking wept .'the reeolut,%on; ,qf, 00unoi2 aoc!pti
,offer of Mr. Welborn..::
�! r. Price: That parcel is within t Cap.
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egula? me pit ing`ebr it
Moved by E. L. Brady, seoonded byte. F. Filer that the resolution authorizing the
purohase of the property in Japes or Soot's addition for Negro park purposes be
rescinded. Motion carried.
Moved by E. L. Brady, seoonded by F. H. Wharton, that the offer of Mr. M D. Price to
co-,.perate with the city attorney in framing an ordinance along the lines suggested
by Mr. Price, be gooepted with thanks. Motion oarried.
STREET LIGHTS
Mr. Wharton said that petitions requesting street lights as follows had been referred to
him:
6 lights in Westmoreland Addition; 1 light at
between D and E; llth and F; 4 on Bird Avenue;
I and 16th; H and l6th.
Mr. Wharton stated that the lights are needed,
Moved by C. F. Filer, seoonded by E. L. Brady
to have the lights installed Motion oarried.
22nd and E; 23rd & E; 21 st and E; on 22nd
2 on Johnson St., 1 at I and 15th; 8th & P
altogether 21 additional lights.
that the street d'ommitteeman be authorized
PETITION OF CITIZENS AGAINST THE SMOKE FROM PLANT OF THE TRIPURE WATER COMPANY ON AVENUE
C NEAR FOURTH STREET
TO THE HONORABLE CITY COUNCIL
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We the undersigned oitizens of Miami, Florida, residing east of Avenue D, north of 5th St.
south of let Street, would respectfully show unto your honorable body that all property situated
in the territory above described is oontinuouely being jeopardized and thre atoned with fire.
That the Tripure Water Company have a large distilling plant in the rear of the building
occupied by it, which said building fades on Avenue 0 and extends west toward Avenue D,
and is situated between 3rd and 4th St. That said distilling plant oan only be operated by
the use of large furnaces and boilers; that it is necessary to maintain a heat of great
intensity in order to distill the water. That the furnaoe that is now being used by said
Tripura Water Company has a smokestack made of sheet iron, apparently 25 or 30 feet in
height. 1 That oil is usually used for distilling said water; that the smoke issuing from
the stack is a nuisance in that it drifts into the residences and yards leaving soot,
dirt and a disagreeable gaaey smell. 2 That there are other times when the oompany uses good
or other combustibles in lieu of oil, whioh makes the situation a greater nuisance in that
a great amount of sparks some greater than an inoh in breadth are thrown from the chimney and
scattered for many feet in whatever direction the wind may be blowing whioh is a g ry great fire
hazard and can not be ignored. 3 Thatit is a nuisance to those residing adjacent to the
faotory in that the manner in which said business is now being conducted in that loud and
disturbing noises continuously issue therefrom when in operation. 4 That it is necessary
that steps be taken to abate this. 5 That we are property owners taxpayers previous to the
location of this nuisance. 6 That this company was requested to move from their former
location on account of their being a disagreeable nuisance. 7 That they were notified
that they would not be weloome in present location. 8 That they have been repeatedly
requested to abate the nuisances, and they have paid no attention. 9 That the blocks
affected by the above has been known and is a residential district only, and the owners have
built their homes, and improved their holdings with the idea in mind that it would continue
as such.
Wherefore, in view of the premises we petition your honorable body to investigate
into the condition of said smokestack and furnaoe, and to take such steps as may be
necessary for the proteotion of property and the suppression of acid nuisance.
We are,
Yours very truly,
lira. H. H. Dickson and 21 others.
Moved by F. H. W:.arton, seconded by E. L. Brady that the "Smoke Ordinance" passed aometim,e
ago be made effective and the oity engineer be authorized and directed to enforce its
provisions. Motion oarried.
(The mayor has the smoke ordinance and it has never been returned to council with or wit
his approval)
PROPOSED BOND ISSUE OF $440,000. FOR GENERAL MUNICIPAL IMPROVEMENTS
"Miami, Fla. Feb. 1, 1917.
ut
The Honorable Mayor and City Council,
Vity of Miami, Fla.
:-entlemen: .
I notice by the newspapers that your honorable body is considering the advisability
of submitting to the tax payers a propos..tion to issue bonds for improvements that you
deem necessary for the beat interests of Miami.
I take this opportunity to present to you for your careful consideration aom
of the uregnt neede.of the fire department and I feel that after you have investigated m
recommendation that you will provide a portion of the band -money for the fire department.
It is hard to meet the yearly increase of the general maintenance of the fire depart
-ment and also to provide for improvements that are necessary to meet the increased dema for
the department.
One of the most uregnt needs fox better fire paoteotion is a modern high
pressure station. The one that we now have, as you know, is too small to furnish the
amount of water that would be required in case of a big fire and it is also unreliable a
Blow in getting to work. •
There are now about forty fire alarm boxes in the oity (comprising of about
square miles) and you can readily see that there is a very large area that is without fi
alarm boxes. There should be at least 25 new boxes furnished, also two oablea, one for.
the avenue D bridge and the other for the Buena Vista Cirouit at Miramar. We have not
been able to use the fire alarm box at Buena Vista for lack of a gable for this circuit.
There should be purohased at least 3000 feet of fire hose, for in oase of a rge
fire we would need a lot more hose than we now .have.
There should be provided a fire statiQon to °are for Riverside and 8outhside.
The high pressure system should be extended to oars: for the rapid inoreaee•
of our business district.
There are a lot of small,im rotreme.p,._:pt meet,-;;e eat Ad rid I
sure that if your 4onorable body will . kincj o • j e� „�piide' o � 9 3 ai me
showyou in •eraon t e • • ' • . • ' "
�p '�j /� rq M�
',: r. �jyry. Ma '; ��• "K _. ...., � �.nC SSf t�, _.. �.£�.;�4
(ID
•
A210
Regular meeting February 1, 1917
provision in
hope that our oontenplated bond issue for the fire dep tmentr
pyou gentlemen will carefully consider they re ponei``i'bl` g iat"�uthe
fire department has in the present and future welfare of Miami. ``This oitSi hole a
large peroentage of its buildings that arekused for hotels and rooming house purposes
that are fire traps and in order to keep the danger of a dieaeterotio: fire frOm'
destroying life and property down to a minimum„ there must be provided the best
fire fighting equipment and plenty of it.
In your next annual budget there should be a material increase which will allow
for mare men, for it requires a good large force of men to handle equipment at a fire
and especially if we have a hotel fire and there is resoue work to be done. You must
remember that the men that are devoting their time to rescue work oan not also be used
for the extinguishing of a fire at the same time. I simply present these different
points to your honorable body to show you that the increased cost of maintaining a good
apartment will not allow for the improvements from the general appropriation made for
the maintenanoe of the fire department from year to year.
Trusting that you will honor this oomnunioation with your kind consideration,
I beg to remain,
Very respectfully yours,
H. R. Chase,
Chief Fire De t."
Mr. Romfh: We should have a high pressure system, no doubt about that.
Mr. Erf r t: We should have a bettor one than we have.
Fire Chief: The improvements recommended have been gone over carefully and I consider
they are very necessary, especially th, high pressure; the present system is inadequate
to handle a fire of any size. The pumps I have prides on will cost about $10,000.
two units, electric driven. I recommend electric because they are quioker, which will
give us 4000 gal. of water per minute for the two. The oost of maintenance will be
200 to 300 dollars per year more than at present. Theexteneion of the high pressure
lines will be about $10,000. and I figured on going up D to 6th St and up B to llth,
west on llth to C and north on C to 9th and west on 9th to D and down through the
lumber yard district; down 14th St and oontinue to Avenue 0 an. Miami River to the
city's property on the River just east of G.
Mr. Romfh: You should consider the permanent paving; of oourde the wood block can be
taken up.
Chief: Yee, sir. I figured the wood block would be taken up to pat under a concrete
base. The firpihoupI:twtll cost about $3500; about 5,000 for the high pressure
station; about $3000 f r the alarm boxes and about 41,000 for the cable, a total of
something around $36,000. That is a rough estimate; I at positive it would not exceed
$40,000. The Electric Light Co. will be in position to furnish current, by spring, at
all times. There is some work to be done on the present high pressure main and I
figure $1,000 will put it in good shape.
Mr. Romfh: The auditor has prepared a resolution calling for $400,000. and eaoh member
of oounoil has.a memorandum of the items. I think he can amend or rewritethe
resolution and include $40,000. for fire protection.
Mr Romfh then introduced the following resolution:
RESOLUTION NO. 1109.
A RESOLUTION &WOVIDING FOR A SPECIAL ELECTION TO
AUTHORIZE THE ISSUANCE OF BONDS OF THE CITY OF
MIAMI, YLORIDA.
Be It Resolved by the city council of the city of Miami, Florida:
Section 1: That a special election be, and hereby is, called and directed to be held
at the city council chambers in said city from 8 o'clock a.m., to sundown on Tuesday,
March 20, 1917, for the purpose of submitting to all persons who shall own real or
pe sonal property within the city limits and shall have paid taxes thereon for the year
when Such taxes were last due, and who shall be otherwise qualified as voters under
the provisions of the city charter and ordinances and the general laws of the state,
the questions set forth in the eleotion notioe hereinafter contained. Each of said
questions shall be voted upon separately.
Section 2: That the oitt olerk shall open registration books for said election, whioh
!shall remain open in his office from ten o'clock a.m., until noon on February and, 1917,
and each day (Sundays exoepted) thereafter until Maroh 5tkh, 1917, on which day suoh boots.
,shall remain open all day, for the purpose of registering those who are qualified to
register for such election.
Section 3: That John D. Godman, T. C. Hinton and W. H. Chaille are hereby appointed
and designated inspectors and W. J. Rodgers as clerk of election, and the clerk is.
hereby directed to certify the names of suoh inspectors and olerk to the mayor. _
Section 4: That the mayor is hereby directed to publish in the Miami Metropolis on February
2nd, 1917, and also once a week during a period of fifteen days prior to said eleotion},.
a notice in substantially the following form:
NOTICE OF BOND ELECTION
Pursuant to resolution No. 1109 passed and adopted by the oity council
of Miami on February 1, 1917, a epeoial election will ,be held on Tuesday, Ma.Fola.,th0, 1917
om 8 o'clook a.m., to sundown, at the city oounoil chambers, at witio .electionere_.
will be submitted to the qualified electors of said city who shall be ownere._o,_rea],. Qr
.personal property therein and who shall have paid taxes thereon for the year when euoha
taxes were last due, the following questions to be voted upon separately;
1. Shall bonds of the pity of Miami not exceeding MOW. be issued.far;;1W
purpose of paying for the oity's share of the cost of ppnatriaoting sanitary seWe] A:
2. Shall bonds of the oity of Miami not exceeding 3 8,000. be iseuedtl
;purpose of oonstruoting a sanitary sewage diappsal ay.ate ?;
3. Shall bonds of the city of Miami..,gr t; su;
of erecting a hospital .for the sit
purpose
{
Regdler meeting i!ebruarjr 1, 191''.
4. Shall bonds of the city of Miami not exoeeding $50,0004,be i88ued,for the
purpose of ereoting a municipal building?
5. Shall bonds of the city of Miami not exceeding $50,000. be issued for the
purpose of constructing munioipal,dooks and warehouses?
6. Shall bonds of the oity of Miami not'exoeeding $30,000. be issued for the
purpose of oonatruoting a local railway from the west shore of Bisoayne Bay to the main 1ne
of the Florida East Coast Railway track?
7. Shall bonds of the oity of Miami not exoeeding $25,000. be issued for the
purpose of purchasing parks and park sites?
8. Shall bonds of the city of Miami not exoeeding 420,000. be issued for the
purpose of constructing a ship ohannel in Biscayne Bay, from the east shore of said bay tc
the western shore thereof and thence to the turning basin of the Florida East Coast Rails
Company?
9. Shall bonds of the city of Miami not exoeeding $15,000. be issued for the
purpose of erecting a bridge over the Miami River at Avenue G?
10. Shall bonds of the city of Miami not exceeding $5,000. be issued ror the'
purpose of erecting a bridge over the Miami River at 12th Street?
11.
purpose of
Shall bonds of the oity of Miami not exoeeding $5,000. be issued for the
erecting a bridge over the Miami River at Avenue D?
ay
• 12. Shall bonds of the city of Miami not exoeeding440,000. be issued for the
purpose of oortruoting a fire station and high pressure water'syetem for fire protection?
of the oity
Registration books/will remain open in the offioe of the city clerk from 10 o'clock
a.m., until noon on February 2, 1917, and each day (Sundays -excepted) thereafter until
March 5, 1917, when they will be open all day, for the purpose of registering those who are
qualified to register for said election.
John D. Godman, TL C. Hinton and w. H. Chaille are hereby appointed and designated
inspectors and W. J. Rodgers as clerk of election.
Attest:
(Sig) w. B. Moore,
City Clerk.
Miami, Florida, February 2, 1917.
Section 5. That the official ballot
substantially the following form:
('dark a cross
bonds)
47Shall the city
of the coat of
Shall the city
of the cost of
Shall the city
constructing a
Shall the oity
constructing a
(Sig) P. A. Henderson,
Mayor of the oity of Miami, Florida.
to be used at said election
OFFICIAL BALLOT
ELECTICF L'APCP :30TM , 1317.
CITY OF MIAMI.
(x) mark before your choice for or against
shall be in
each proposed issue of said
of Miami issue not exoeeding $75,000. bonds
constructing sanitary sewers as provided by
of Miami issue not exoeeding $75,000.'bonds
constructing sanitary sewers as provided by
of Miami issue not exceeding 475,000. bonds
sanitary sewage disposal system as provided
of Miami issue not exceeding 475,000. bonds
sanitary sewage disposal system as provided
Shall the city of Miami issue
for the cure and detention of
Shall the city of Miami issue
for the cure and detention of
Shall the city
railway in the
Shall the city
railway in the
of Miami issue
city of Miami,
of Miami issue
oity of Miami,
to pay the oity's share
resolution#1109? Yes
to pay the oity's share
resolution#11109? No.
to pay the cost of
by resolution#1109?„_Yes
to pay the cost of
by resolution#1109? No
not exceeding 450,000. bonds for erecting a hospital
the oick as provided by resolution#1109? Yes
not exoeeding 350,000. bonds for erecting a hospital
the sick as provided by resolution#1109? No.
not exoeeding 430,000. bonds for constructing a local
as provided by resolution #1109? yes
not exoeeding $30,000. bonds for constructing a local
as provided by resolution #1109? No.
Shall the city of Miami issue not exoeeding $50,000. bonds for constructing
municipal docks and warehouses as provided by resolution #1109? _ Yes
Shall the city of Miami issue not exoeeding $50,000. bonds for constructing
municipal docks and warehouses as provided by resolution #1109? No.
Shall the city of Miami issue not exoeeding $25 000. bonds for
parks and park sites as provided by resolution #1109? Yes
Shall the city of Miami issue not exceeding $25 000. bonds for
parks and park sites as provided by resolution #11094o.
m__, N
Shall the city of Miami issue not exoeedin $20,000. bonds for
in Biscayne Bay as provided by resolution 1109?Yes
Shall the city of Miami issue not exceeding $20,000, bonds for
in Biscayne Bay as provided by resolution #1109?_ No,
the purpose of purah
the purpose of puroh
fonatruating a shup
oonetrudti.ng a ship
using
using
bhannek
channel
Shall the oity of Miami issue not exceeding $15,000. bonds for erecting a bridge ov9r
the Miami River at avenue G as provided by resolution #11094,Yee
Shall the city of Miami issue nit exceeding .$a.0,00Q.. ,.b0nds ..QZ., erect ing a bridge QV
the Miami River at Avenue G as p;ovlded ley >+` p)izj44 09 ',-,,, Q.t:,
Dr
MOVAIPIOR
A21.0
Attest:
W. B. Moore,
City Clerk.
Approved this lst day of February 1917,
Maar meeting ebrUary►•
Shall the oity of Miami issue not exceeding $50,000. b'onde fOr- the ptixpoee
of erecting a municipal building as provided by resolution #1109?'
Shall the oity of Miami issue not exceeding $50,000. Mends for the purpose of
erecting a municipal building as provided by resolution #1109?,,,,No.
Shalletltyfori4itietritiathOt 42teellanS4SiObbbotrOnds for the purpose
of erecting a bridge over the Miami River at lath Street as provided by
resolution #1109? Yes.
Shall the oity of Miami issue not exceeding $6,000. bonds for the purpose of
erecting a bridge over the Miami River at lath Street as provided by resolution
#1109? No.
Shall the' pity of
erecting a bridge
#1109? Yes.
Shall the oity of
erecting a bridge
#1109?. No.
Miami issue not exceeding $5,000. bonds for the purpose of
over the Miami River at Avenuie D as provided by resolution
Miami issue not exceeding $5,000. bonds for the purpose of
over the Miami River at Avenue D as provided by resolution
Shall the oity of Miami issue not exceeding $40,000. boa for the purpose of
oonatnuoting a fire station and high pressure water system for fire proteotion
as provided by resilution #1109? __yes.
Shall the city of Miami issue not exceeding #40,000. bonds for the purpoee of
oonatruoting a fire station and high pressure water system for fire proteotion
as provided by resolution #1109? No.
Section 6. That this resolution shall be in force and effeot from and after
its passage and approval.
Passed and adopted this let day of February, 1917.
F. G. Erfert,
Acting President City Council
P. A. Henderson,
Mayor, Miami, Florida.
Moved by F. H. Wharton, seconded by L. T. Highleyman, that resolution No. 1109 be
adopted. On roll oall the vote was as follows: F. H. Wharton, yes; E. L. Brady, yes;
C. F. Filer, yes; E. C. Romfh; yea; L. T. Highleyman, yes; F. G. Erfert, yes;
(Councilman -Chairman Caspar Hefty absent account illness)
PAYROLLS FOR JANUARY
The pay rolls for January 1917, were presented to council by the olerk and examined
by each member and on motion duly made and oarried the city auditor was instructed
to draw vouchers against the proper funds in payment.
BISCAYNE CONSTRUCTION COMPANY
COMPROMISE SETTLEMENT WITH UNITED STATES FIDELITY
AND GUARANTY COMPANY
Mr. Wharton: Mr. K1 oe figured the pity oould come out whole with a payment by the
bonding company of $7400. to be added to the post of the improvements in the
contracts on which the Biscayne Construction Company defaulted. He figured it would
take that muoh more than the prioe they bid to do the work.
E want to introduce this resolution:
Resolution No. 1114
Whereas, The United States Fidelity and Guaranty Company, of Baltimore, became surety on
on five various ointraota hereinafter enumerated, entered into between the oity of Miami,
Florida, and the Bieoayne Construction Company, covering oertain sidewalk and street
improvements within the oity of Miami, Florida, and
Whereas, the said Bievayne Construction Companu hae failed to oomply with its oontraot
obligations undertaken by it and has notified the oity of Miami of its abandonment of sam
Whereas the United Status Fidelity and Guaranty Company of Baltimore as surety on bonds
entered into tor the faithful performance of such contract, has blooms liable to the said
city of Miami for such damages as may result to the City of Miami on a000unt of the• brea
of said contracts, and
Whereas, It is the desire of the oity of Miami and of the United States Fidelity. an .
Guaranty Company to adjust amicably the claims which the city, hold against_,eaid bonding
oompany by virtue of said breach of contracts, and
Whereas, the said bonding company has offered to the city of .Miami, the cash sum of
$7400. as paymem in full on a000unt of its liability as afoxesaid, and
Whereas, It Is Considered ly said city of Miami that said sum Of •7400. is a rea8o310:O'-
and proper sum to reoeuve in compromise.s.ettlemenpaid bonding company's liabilityj..,"
Now Therefore, Be It Reeolved.by the oity oounoil of the Oty of Miami, Florida, that tb
United States Fidelity and Guaranty Company of Baltimore,, upon the,, payment of the sum of
$7400. in cash to the oity auditor be instanter xelea:eied;.. ron'any and a.11 liahAity of
whatsoever nature growing out rf said .bonding o.o ai y'a. be'ocani surety on tine ,con raot
hereinafter sot forth, between the pitt log- id , d' e Biscayne Coi a't 4ttiof
Company, and that said ooxnpany be. di.eebarged f;pp Yk r d ,a ..1. l ability of wbat;e v'er,
nature, either for darAgea.,aat_preeent_ 400"'e�aarteace
to s aid pity on a000unt of -tbe ' br
Construotion Compan$, its
,ad
ah way. pA 10;0 p0,a
y_ O, ..B ,0Qa
Regular meeting February 1, 1917.
Following is a lint of the contracts above referred to, Dame being all of contracts le
to Bisoayne Construotion Company upon whioh United States Fidelity & Guaranty Co. is s ety:
Contraot No. 1, H-33 to H-43 and H-45 covering broken stone pavement, dated August 16, 916.
and H-45, oovering broken stone pavement, ourb and gutter,
oovering broken stone pavement, dated August 16 1916
oovering broken stone pavement, dated August 16 1916
Contraot No. 8, H-33 to H-43
dated September 7, 1916,
Contract No. 3, H-33 to H-43 and H-45,
Contraot No. 4, H-33 tp H-43 and H-45,
District No. 7, sidewalk and ourbs, dated September 21, 1918.
Be It Further Resolved, that the monies reoeived from said United States Fidelity and
Guaranty Company of Baltimore, be applied towards the completion of said several contrail
in a000rdanoe with instructions heretofore given to committeeman on streets and city eng
Be It Further Resolved that a certified copy of this resolution be furnished to the Un
States Fidelity and Guaranty Company, or its looal attorney or agents.
Adoped this let day of February, 1917.
Attest:
W. B. Moore,
City Clerk.
F. G. Erfert
Aoting President City Counoil
neer.
Atty. Cason: That does not take care of material men's bills which have been filed. Mr.
Klyoe first estimated that would run about $900. but later said it was impossible for hi
to determine the exact amount of the bills on account of the bills on file with the audi
oovering material whioh the Bisoayne Construction Company used on other jobs. As a lega]
proposition the pity is not liable on the material bills but I think it was the sense of
committee that the bills be taken care of if possible amd if this compromise settlement V
made the bond oompany could be forced to take oare of the bills ae the amount of the bil:
could be deducted from the estimates due the contractor. There is considerable question
to whether or not the oity could pay the bills and reoover from the bond company. Accord;
to Mr. Klyce'e estimate, leaving out of consideration the material men's bills, $7400. w
bring the city ofut of the hole on the work. I think if the city were to sue the bondinE
company after turning this proposition down you would get less than you are now on aocouJ
of the expense of litigation, delay and loss of interest would amount to more than the
material bills.
Mr. Romfh: There is no clause in the bonding company's forms to take care of the materia
men?
ted
or
the
as
as
ng
11
dr. Cason: No, but the bonds now do.
Mr. Romfh: It was not in the bonding company's oontraot and it is a question of the city
protecting the property owners.
Mr. Cason: The city is now recovering for the damages Mr. Klyoe estimated except materia men
which the city is not bound to pay but it was the sense of the committee that the city
should pay if possible.
Mr. M. D. Price: In representing the bonding company we have talked the matter over wit the
city attorney and one or two councilmen and have been informed they would recommend
settlement to this effect and under. that assumption I drew on the company for that
amount. I don't know whether the money has arrived or not but it should be here in the
next day or two. The main thing we are interested in is knowingnthat we are fully
released from liability from any bonds we have signed on behalf of the Bisoayne
Construotion Company. Mr. Cason tells me there are five altogether, four for streets and
one for sidewalks. I would not want to pay out that amount unless this oovers all
because I have lead the bonding company to believe this sum squares them with the oity.
Mr. Cason: According to Mr. Murray's (City Engineer) information it covers all of them.
Mr. Klyce har_dad me the contracts and stated that was all of them and that is the o_ntra
listed there.
Moved by E. C. Romfh, seconded by L. T. Highleyman that resolution No. 1114 be adopted.
Mr. Wharton: Before a vote is taken I would like to get the sentiment of oounoil as whether what will be done with the bills against the Biscayne Construotion Company,-
intend to pay them or ignore them and if so we should not release the bodning oompany.
Mr. Ro..fh: I think they should recover whatever is left. Do you think the oity should g
in the hole.
Mr. Wharton: I think the oity should pay all legitimate bills against the work. There a e
some bills that I don't know whether they are legitimate or not. They must prove that t
the satisfaction of this oounoil. There is something like $8l00. for dynamite.
Mr. Hoghleyman: Where there has been money advanoed in excess of the estimates you would
not?
to
Mr. I. E. Schilling: (Material man) We went to see the agent of the bonding company
whi e
sending material out there and he assured me the bonding company was liable for the bill .
I have the agent's word for it, that is all.
Mr. Frfert: Then the city should make settlement large enough to proteot these .people, i
the material entered into the work.
Mr. Prioe: I talked this matter over thoroughly with a rep eaentative of the surety pomp
That ie not in the question with them. In this state, at the time.thsse bonds were sign
there was a statute providing that any munioipality should incorporate in the bond a
clause to pay material bills - stating it shall be incorporated in the bond - and that
clause does not appear. The oompany contends they are not liable for the payment of the
bills even if they went into the city jobs. They were operating so many jobs it is hard
to tell where the material did go. It was the bonding company's contention they were not
liable and also were not liable if any money was paid out on orders to anyone else and I
advised them it was beet to compromise and reach an amicable settlement if it could be One,
and their representative agreed with me to that effect. .I o«n0314ed 7400, would be acce1ted
and it was practically settled. I trust the settle ,ent as ;a e d .on can go-Aitrmugh ae I
bate to have Is a deal so near settled an the ;•:have;,.
ny.
d,
vjrWfl..'M8:'89 r:L0'
tntai etjilt'
Mr. Highleyman: I think the city should pay the bills Where the oity.got the. befaeZ,
Of the material that went into the work.
Mr. Cason: The additional cost oan be assessed against the property that actually
reoeives the benefit. As I understand it, the total contract was about $15,000. 1OWar
than the next bid and if the cost is thrown against abutting property the property
owners will receive the benefit of about $12,000. According to Mr. K1yee their bidrMras
about a ten percent lose and according to Mr. Klyoe'e statement the work Will be done
at very little additional post if the bills are paid.
Mr. Romfh: The bond oompany are willing to give us $7400. rather than go into court. The
bond did not cover material bills and now we art confronted with a lot of euoh bills and
we don't know whether the material went into the work or did not. (The oity auditor
stated that bills approximating $7,000. had been filed and the oompleted work amounted
to about 11,000.) Even though the oity lost $400 or $500. it would pay us to do so
rather than go into court and foroe them to come across but we don't seem 'to'know the
amount of the legitimate bills. It don't seem reasonable or possible that $7,000 of
material went into $11,000. job,- that oertainly can't be right.
City Engineer Murray: There was no way to determine how much dynamite was used. We oan
tell how much Dement sand and rook was used in sidewalks and how muoh rook was used in
building roads, but this dynamite bill, there is no way to check it - we oan say about
how much should have been used.
Mr. Highleyman: Didn't the men furnishing this material take some means of finding out
what the estimates would be and keep within them.to a oertain extent. Should it not be
done in that way. Otherwwse, it seems to me it is carelessness. I believe I would do so
and take an order and file it to keep myself into clear. A contractor otherwise has
full leeway to go to any excess he wishes. It is evident here there is an exoees,- 11,00
work and 6,000 or 7,000. bills out against it. Someone was evidently asleep at the ewito
Mr. Erfert: There must have been a leak.
Mr. Brady I think the oity should pay the bills for the stuff that went into the oity wo
if we aocept this resolution.
Mr. Romfh: Who is at fault for not having the clause in the oontract about the material
bills?
Mr. Erfert: A motion has been made that this resolution be adopted. Call the roll Mr. Cie
Mr. Wharton: here has been no sentiment expressed as to what the oity will do on these
bills,- I mean the legitimate bills.
council
Mr. Erfert: It is the sense of that we pay that portion of them.
Mr. Cason: I believe it would be advisable for the city to pay the just bills and if there
is not enough money assess it against the property benefitted. They would probably take th
city into the federal courts and result in this assessment being tied up two or three year
and the only part of the litigation amounting to anything would be that part over the
material bills and the city may lose out on it and get nothing but what is offered now. I
think it is a reaeonable oompromise offer.
Mr. Brady: Can't the oity auditor figure it out.
Mr. Romfh: I don't think we should pat it up to the auditor to asoertain what is legitimat
in the way of these material bills. The &Attorney advises us to pass the resolution. I thi
the auditor, pity engineer and street committeeman can go over the matter and find out wha
the legitimate bills are.
Mr. Erfert: Call the roll Mr. Clerk, on the resolution.
The vote was as follows: F. H. Wharton, yes; E. L. Brady, yes; C. F. Filer; yes;
E. C. Romfh, yes; L. T. Highleyman, yes; F. G. Erfert, yes.
PROTEST AGAINST THE PASSAGE OF ORDINANCE NO. 288 REQUIRING ALL SIDEWALKS TO BE KEPT OPEN
FOR FREE IA SSAGE DURING BUILDING CONSTRUCTION
Atty. Jas. T. Sanders appeared in behalf of Mrs. MvAliister and stated that the immediate
passage of this ordinance would work a great hardship on Mrs. McAllister in the oonstructio;
,kof her hotel building at 12th and the Boulevard and requested that oounoil postpone third
#eading of the ordinance until next regular meeting and if council would grant the request
.to let the ordinance go over until next regular meeting nothing further would be asked.
Mr. Romfh: I am willing to let it go over until next meeting provided she will correct the
trouble, but the question of allowing anyone to biookade a sidewalk indefinitely we are
going to get away from - the rights of the publio first. In other cities all the sidewalk
and one third the street is not ksp occupied and it oan be kept clear here._If she wants
this ordinance held over, with assurance that she will put it in ehapp and not occupy
the sidewalk I will be willing to let is rest until next meeting.
Mr. Sanders: I have no objection to the ordinanoe and knew nothing of it at the time. I am
in favor of it - it is a good ordinance. Will you consent to let it go over two weeks?
The ordinanoe was not called up on third reading.
NEW HOSPITAL BIDS
The bide advertised to be received to night for construction of three unite of the new
hospital were opened and re 't by the architect, August Geiger and on motion duly made and
carried all the bids were reerred to the architect for tabulation and report to council
at its next meeting.
REPORT OF CITY ENGINEER ON BIDS FOR THE COMPLETION OF SIDEWALK D.T5TRICT NO. 7 AN' THE
CURN AND GUTTER WORK UNDER CONTRACT TO THE BISCAYNE CONSTRUCTION OOI ANT; WHICH COMPANY
DEFAULTED ON ITS CONTRACT.
Mr. Wharton reported that the bid of the Fro land.004 • obi C y WW1 somewhat h;
that the bid o F. L. Devane but that be wreaommeh ree
;qu1d''ct una pia be sooepte.:^: `'.
•
n
5
5
Regular meeting February 1, 1917.
Freedlund bid i13,I$G.30
Devane 11,974.
Gurley, 14,425.
J. R. Little made an alternate bid,
Freedlund
Devane,
oost plus 1500
1725.
" 2000.
Mr. Highleyman: Why do you recommend the Freedlund bid
over Devane?
Mr. Wharton: Freedlund is equipped to do the work and I don't think Devane is and ifwe
the work done we must give it to someone who is equipped.
Mr. Highleyman: I will be guided by your recommepdations.
Moved by F. H. Wharton, eeoonded by E. L. Brady that the oontraottbe awarded to the Free
Construction an Supply Company. Motion oarried.
EMPLOYMENT OF COUNSEL BAY PARK LITIGATION CITY VS F E C RAILWAY
Mr. Romfh: The committee appointed, Mr. Wharton, Mr. Highleymand myself, recommend the
apastx employment of Mr. A. J. Rose to oarry tis suit through to a finish and I have a
resolution here oovering the matter.
Mr. Erfert, Mr. Brady stated they were willing to abide by the report of the committee.
The clerk then read
RESOLUTION NO. 1115
Whereas the committee of three councilmen heretofore appointed by the oity council to
employ an attorney at law to have the claims of the city of Miami to the riparian rights
in front of Bay Park finally settled and adjudicated by the courts, have, in pursuance t
the authority oonferred upon them, employed A. J. Rose, of Miami, Florida, ae attorney
for the city for such purpose, the said attorney agreeing that he will take up and
proceed with the present litigation between the oity of Miami and the Florida East Coast
Railway Company to its final determination in the supreme court of the State of Florida,
and, if the case is reversed, , to re -try the same in the circuit court, presenting and
asserting in such new trial the claim of the city to said riparian rights, and to
institute such other suits, at. law or in equity, as in his judgment he may deem advisabl
for the oity ae will bring the question of the claim of the city on Miami to the ripari
rights in front of Bay Park directly and finally before the oourts and seoure a decision
of the court of last reeort as to whether the city of Miami does or does not have the
ownwrehip and right of possession to the riparian rights in front of Bay Park, the said
attorney agreeing to undertake and perform these servioee for a fee of $3,000. to be pai
by the city of Miami at all events, one-half of said fee to be paid in oaeh and the bala
at the termination of euoh litigation as will,finally decide the olaim of the said oity
to said riparian rights, together with the further sum of $2,000. to be paid to said
attorney if he be sucoessful in said litigation and the dourts finally decide that the s
city is entitled to said riparian rights and to the possession thereof; the city to pay
the said attorney his ax*.ual traveling expenses, actually and necessarily expended by hi
in said oc.uee, and to pay the actual court costa necessarily and properly inourred in
the litigation,
Now Therefore, Be It Resolved by the city oounoil of Miami, Florida, that the
action of the said committee be and is hereby approved and confirmed and the said A. J.
Rose be and is hereby employed by the oity of Miami for the purposes aforesaidrA for the
in named, and payable ae herein set forth. And the said attorney is hereby given the ful
and exclusive control of said litigation and is to keep the oity oounoil advised of the
progress thereof.
Passed and adopted this let day of February.A.D.1917.
F. G. Erfert
Attest: Acting President City Counoil .
W. B. Moore, city clerk.
r. Wharton: At the outset all of us expected Mr. Rose would be in the suit. He had gone
into it with Mr. Blount and had pointers that outside attorneys did not have but he took
arbitrary stand to start with and of course got out of the case, and still takes it. Tha
much I don't like very well, at the same time there has been a great deal ofpublic disc
of the question since the decision of the lower oourt and ther_ seems to be quite a dema
that Mr. Rose be given an opportunity to try his hand so I rather think it would suit th
people if he is given the case along the lines he thinks will be successful.
Moved by E. C. Rorpfh, seconded by L. T. Highleyman, that the resolution be adopted.
On rollcall all voted yes.
ant
REQUEST OF THE COMANS CLUB AND THE SEVERAL CHURCHES OF THE CITY FOR THE PASSAGE OF
AN ORDINANCE ESTABLISHING QUIET ZONES IN THE VICINITY OF CHURCHES, HOSPITALS AND
SANITARIUMS
The clerk read a petition from the Woman's Club and the several Churches of the oity
requeeting that council pave an ordinance establishing quiet zones in the vioinity of
churches, hospitals, whereupon oounoilman Highleyman introduoed:
Moved by E.
reading and
Moved by E. C. Romfh, econded by F. H. Wharton that ordinanoe No. 332 be given
reading by title only. Motion oarried. The ordinanoe was read by title only
eplm .Ywl.''m.'ti,:G 0.C., ;+5t1.. 2,MR1''f ''".' 'Yni'tr+C ,1
V 4SS�Z i�i.' t
ORDINANCE NO.232
AN ORDINANCE TO FORBID AND PUNISH UNNECESSARY
AND USELESS NOISES IN PROXIMITY TO CHUCHES
SCHOOLS AND HOSPITALS IN THE CITY OF M AMI
C. Romfh, seconded by F. H. Wharton that ordinance No. 232 b3 given first
read in full. Motion oarried. The ordinance was read in full
second
land
00
id
0
here
n
eion
41
77.1
r meeting #abruaty 1, 1917.
ESTIMATES CONSTRUPTION WORK DURING THE MONTH OF JANUARY
L. R. Blackmon, sidewalk distriots'8,9,10 and 11, "
Pittsburgh Testing L boratory, (testing permanent paving material)
John Baker Jr. (011 for treating surface of streets)
Bowers Southern Dredging Co., channel oonetruotion,
Hillyer & Sparring, dock construction,
Ieham Randolpg & Co. supervision channel & dook oonetruotion,
M. F. Comer, 12th Street bridge,
Avenue D
Harrington, Howard & Ash, supervision bridge oonstruotion,
Freedlund Const & Supply Co. Oiling 16th St. H to I
AtetH St. H to I
Curb &Gutter, Highway No. 59
Const. Highway Imp. 15 to 27
Oiling, Highway Imp. 1 to 12
Oiling, Avenue B from R R to Waddell
Eleventh from H to North River
storm sewer district 1 & 2,
sanitary sewer district No. 16,
" 15th Street,
rr it r.n ee.ver dietriot No. 9
Co. permanent paving dietrio t 46 to 51,
$300.
101.43
826.44
12429.00
3941.03
689.38
1550.28
3561.30
102.23
29.18
48.04
834.66
1279.74
158.28
3616.99
964.34
4S:.CC
2585.03
J. F. Morgan & 6693.74
Moved by F. H. Wharton, seconded by E. C. Romfh, that the January eatmates be paid. Motion
oarried.
BILLS AGAINST THE CITY
The auditor presented the bills against the city for the months of November and December
1916, divided among the several departments as follows:
Administration of City, $183.50 NOVEMBER
Auditor's office, 18.80
Clerk's office, 24.70
City Building, 4.00
Miscellaneous accounts, 89.67
Police Dept. 724.95
Fire Dept. 198.85
Sanitary d.pt. 331.18
Destruotor plant, 263.85
Cemetery, 11.60
Parks, 72.12
Street Dept. 594.67
Sewers, 14.73
St. Stables, 256124.
Bridges, 9.00
Hospital, 367.43
Lighting City, 1332.17
Current outlays, 350.00 4847.46
Administration of City 40.50 DECEMBER
(Auditor's office, 3.00
Clerk's offioe, 111.25
City Attorney, 20.49
'Tax Assessment, 45.95
Municipal building, 37.89
Misoellaneoue, 177.40
Police Dept. 319.00
Fire Dept. 994.15
Sanitary Dept. 382.53
Destructor plant, 205.82
Cemetery, 13.16
Parks, 150.09
Street Dept. 231.88
Sewers 15.45
Stables, 564.63
iBridges, 5.47
Hospital, 440.60
Lighting City, 1333.17
Current outlays, 205.50
5286.73
INSURANCE ON VEHICLES SANITARY DEPT.
Fidelity & Casualty Co. policies 3697045
'I Ford truok 112116, each police at $53.50
(Moved by L. T. Highleyman, seoonded by F.
n u , } 76'f'c.•ltk ti"k'a`9iiC.4�1t. 1'. 144"•aF' g4MAc d sty.i kt-h'
and 3697402 on eleotrio truok 2936M6 and
•
t1 4
Regular meeting February 1, 1917.
EXTENSION OF WATER SERVICE
"Miami, Jan. 24, 19]
Mr. C. H. Reeder,
City Auditor,
Dear Sir: -
I am enclosing herewith agreement made in duplicate covering the oonetruoti
of 6 in. main on 22nd Street from Briokell Avenue to Miami Avenue by the Miami Water Oom
which main.wae laid in accordance with the terms verbally agreed upon, details of whioh
oovered by the attached agreement.
As a matter of information I will state that the oost of the line is as fol
Labor $125.20
drayage, 5.00
material, 303.24
433.44
Kindly arrange for the exeoution of the enclosures, the city to retain one oopy an
the Water Company the other. This pipe line was oompleted the early part of Deoember,19
and the agreement should be in 4ffeot as of January 1, 1917.
Yours very truly,
H. H. Hyman,
Manager, Miami Water Co
This agreement, made in duplioate between the city of Miami, Dade County, Florida, and t
Miami Water Companu, a corporation, Witneeseth That,
Whereas, the said city of Miami desires additional fire proteotion along • and in the viol
of 22nd Street from Briokell Ave to Miami Ave., and
Whereas, the revenue to be derived by the said Miami Water Company by reason of the
extension of its water mains and pipes through, over, and along the dietriot aforesaid
will not justify the expenee thereof:
Now, Therefore, it is agreed that in consideration of the said Maimi Water Company layinE
a 6 in. water pipe along aand Street from Brickell Ave to Miami Ave. and of oonneoting tl
same with the general system ofpipes of said company and of making suitable connections
with fire plugs along such extension for the purpose of fire protection, the said oity
of Miami guarantees to said Water Company to pay to it such an amount as may be neoesear;
make its net revenue, meaning thereby, gross earnings less the prodeotion cost of the
water on account of such extension equivalent to six per cent per annum. All revenue
received by the Water Comeny from the extension aforeaid shall be applied against the
percentage of revenue hereby guaranteed by the city.
The Miami Water Company will present to the oity,00unoil of said oity a statement of the
cost of such extension, and will render to said city an accounting at the end of each
quarterly period beginning with January 1, 1917, of the revenues reoeived by said Water
Company during the previous quarter from suoh extension. The amount, if any, due the
Water Company at the end of egoh quarterly period shall be promptly ascertained
and paid to said company.
This contract shall be in foroe and effect for the period that suoh Water Company is
authorized to operate in said city under its present eher4ee franchise, provided that
the pay wont of int:rest as aforesaid by the city of Miami shall oease when the net reven
to the Water Company shall be equivalent to six per oentam per annum.
Dated this let day of January, 1917..
City of Miami, By W. B. Moore,
City Clerk
Miami Water Company,
by H. H. Hyman,
Manager."
"Miami, Fla. January 24, 1917.
Mr. C. H. Reeder, City Auditor
City A
Dear Sir:
ny
re
owe
6,
ity
I am enclosing herewith, agreement made in duplicate covering the oonstruotior.
of 2 in. main on Lawrence Drive from.l5th St to 25th St. by the Miami Water Company, whit
.ain was laid in acoordanoe with terms verbally agreed upon, details of which are covers1
by the attached agreement. •
As a matter of information I will state that the oost of the line is as folio%
Labor. $115.50
Drayage 7.00
Material, 576.39
6$8.89
Kindly arrange for the execution of the enclosures, the oity to retain one oopy
and the Water Company the other. This pipe line was oompleted the early part of Deo?
1916, and the agreement should be in effeot as of January 1, 1917.
Yours very truly,
H. H. HYman,
Manager. Miami Water 0o.
THIS AGREEMENT, made in duplioate between the pity of Miami, Dade county, Florida,
and the Miami Water Company, a corporation, Witneeseth, That,
Whereas, the said city of Miami desires.a water line along and in the vioinity of
Lawrenoe Drive from 15th Street to 25th Street; and
Wher as, the revenue to be derived by the.eaid Miami Water Company by reason of the
extension of its water mains and pipes through, over and along the dietriot aforesaid wit
not justify the expense thereof:
Now, Therefore, it is agreed that in consideration of the said Miami Water Company
laying a two inoh water pipe along Lawrence Drive from 15th Street to 25th Street, and of
connecting the same with the general system of pipes of Bald oompanyy the 9044 city: of
Miami guarantees to said Water Comphny to $ to. it suoh az •amount fie may ;he 09400eary t
make its net revenue, meaning thereby, pet: are } k'at, a .uo ion o�•Bs'4o the
water pn account of suoh • extension q
.. rt4 : .,
raw- •,uydevrcfi
`644:174mtmkr"it�r3.
C21. Pi
to
Whereas, the
vioinity of 26th
Whereas, the
extension of its
will not justify
Regular meeting imastyc February 1, 1917.
by the Water Company from the extension aforesaid shall be applied against the percent,
age of revenue hereby guaranteed by the oity.
The Miami Water Company will present to the city oounoil of said Oity a statement of
the ooet of euoh extension, and will render to said oity an accounting at the end Of
eaoh quarterly period beginning with January 1, 1917, of the revenues reoeived by said
Water Company during the previous quarter from such extension. The amount, if any, due
the water oompany at the end of eaoh quarterly period shall be promptly ascertained and
paid to said oompany.
T'is oontraot shall be in foroe and effeot for the period that euoh Water Company
is authorized to operate in said oity under its present franchise, provided that the
payment of interest as aforesaid by the oity of Miami shall oeaee when the net revenue t,
the Water Company shall be equivalent to six per oentum per annum.
Dated this let day of January, 1917.
"Miami, Fla. Jan 24, 1917.
I am enolosing herewith, agreement made in duplicate covering —the -
construction of 6 in main on 26th Street from Miami Avenue to Avenue E by the Miami
Water Company whioh main was laid in a000rdanoe with terms verbally agreed upon, details
of whioh are covered by the attached agreement.
As a matter of information I will state that the ooet of the line is as follows:
$88.35
8.00
413.48
—FOXY
Kindly arrange for the execution of the enclosures, the oity to retain one oopy and
the Water Company the other. This pipe line was completed the early part of December,
1916 and the agreement should be in effect as of January 1, 1917.
Yours very truly,
H. H. HYAMAN, Manager, Miami Water CO.
This agreement made in duplicate between the city of Miami, Dade County, Florida, and
the Miami Water Company, a corporation, Witneeeeth That,
said oity of Miami desires additional fire p.iteo`ion along and in the
Street from Miami Avenue to Avenue E; and
revenue to be derived by the said Miami Water Company by reason of the -
water mains and pipes through, over and along the district aforesaid
the expense thereof;
Now, Therefore, it is agreed that in ooneideration of the said Miami Water Company
laying a six inch water pipe along 26th street from Miami Avenue to Averse E, and of
connecting the same with the general system of pipes of said oompany and of making euitabb
connections with fire plugs along such extension for the purpose of fire protection, the
said city of Miami guarantees to said Water Company to pay to it such an amount as may
be necessary to make its net revenue, meaning thereby, gross earnings less the produotion
cost of the water on account of euoh exteneion equivalent to six per cent per annum. All
revenue received by the Water Company from the extension aforesaid shall be applied
against the peroentage of revenue hereby guaranteed by the City.
The Miami Water Company will preeent to the oity oounoil of said city a statement of the
cost of such extension, and will render to eaie city an accounting at the end of eaoh
;quarterly period beginning with Jan. let, 17, of the revenues received by said Water
Company during the previous quarter from such extension. The amount, if any, due the
Water Company at the end of each quarterly period shall be promptly aeoertained and paid to
said Company
This contract shall be in foroe and effeot for the period that euoh water company is
authorized to operate in said city under its present franchise, provided that the payment
interest as aforesaid by the oity of Miami shall cease when the net revenue to the Water
Company shall be equivalent to six per oent per annum.
Dated this let day of January, 1917.
City of Miami By W. B. Moore,
City Clerk
Miami Water Company, By H. H. Hyman,
Manager.
Moved by E. C. Romfh, seconded by F. G. Erfert, that the agreements be approved and
exeouted for the city by the oity clerk.. Motion parried.
BONDS
The auditor advised oounoil that 5,000. 1913 Revenue bonds and $5,000. Improvement bowie
had b.en redeemed and on motion duly made and carried, the clerk auditor and mayor
were directed to destroy the bonds by fire.
REPORTS FOR JANUARY 1917
Chief of Polioe reported $2556.50.fines and forfeitures; 484 arrests; coat of feedii
prisoxere $313.
The building inspector reported 108, psrrn,tB
•
4 Regular meeting February 1, 1917.
The sexton of the cemetery reported the male of lots 5 B 48 $20
17 31 35
18 38 35
18 33 45
9 29 38
12 27 5
205
26 graves, fees oolleoted $108.
The city olerk reported
Automobile lioeneee,
Business licenses,
Cemetery Deeds,
Grave permits,
Fines & Forfeitures,
Interest,
Hospital,
Building fees,
Taxes, 1915,
Plumbing fees,
Sanitary oolleotions,
R & I Manure & rook sold,
Dockage,
Boiler inspection,
Personal taxes, 1915,
Lot cleaning,
Street & Sewer liens,
1006.85
582.75
205.00
108.00
2556.50
653.71
334.50
319.45
10523.52
254.00
776.00
206.50
39.75
6.00
311.10
57.53
9450.52
27391.68
BILLS AGAINST CAPITAL FUNDS
C. H. Lyne, bill dated Jan. 1, 1917, for manhole castings
furnished Deo. 11, 20, 22, 23, 27, 28, 31, 1916 $167.13
bill dated Oct. 1, 1916, for manhole oaetings
furnished Sept. 8, 19, 25, 29, 1916, 288.27
bill dated Deo. 1, 1915, for inlet castings
furnished Nov. 23 and 27 (1 manhole set) 46.35
bill dated Dec. 1, 1915, 3 manhole covers
furnished Dec. 11, 1915, 23.49
bill dated Feb. 1, 1916, for manhole and inlet
castings furnished Jan 4, 6, 11, 12 & 20, 1916, 161.19
bill dated Nov. 1, 1916, for manhole and inlet
castings furnished Oct. 13, 28 and 31, 1916, 89.73
bill dated Nov. 1, 1916, for 2 inlets furnished 15.39
Oct 25, 1916,
bill dated Deo. 1, 1916, for inlet castings
furnished Nov. 7, 11, 22 and 29, 1916, 82.67
Pittsburgh Testing Laboratory, inspection work Oot. 23
and 24, 1916, 53.01
inspection work Oct. and Nov. Avenue D asphalt, 268.20
Nov. 4th St " 30.90
" " 61.95
" 43.74
John Baker Jr. Tank oar oil TCX 1384, bill dated Nov. 10,16,275.47
Freedlund Conet & Sur ly Co. approach new bridge Ave D.
Z. T. Merritt, recording deeds from W J Dougherty
and W. R. Asher, to city,
F E C Ry. Co. material damaged by city gang unloading
rail for municipal railway,
210.63
2.90
19.00
F T Budge Co. dynamite furnished, olearing municipal ry. 12.76
Moved by E. C. Romfh, seconded by F. H. Wharton, that the bills be paid. Motion o arried.
SUBDIVISIONS
Counoilman Wharton introduced
RESOLUTION NO. 1110
A resubdivision of Block 138 North
RESOLUTION NO. .1111
"Winter Gardxne"
RESOLUTION NO. 1112
"Banyan Place"
RESOLUTUON NO. 1113
Blooks 20, 21, 22, 29, 30, 31, 32, 33, 34, 41, 42, 43
Briokell'e South Miami.
Regularly moved and seconded that resolutojjs be pawed. On roll oall all voted yes.
Attest
City Clerk.
MW
MW
WME
m