Loading...
HomeMy WebLinkAboutCC 1917-02-15 MinutesA210 PSOVLA t MEETT#0 y'H81k0it 15y 1$ CA��L,,lQ <' 0 0 J MEMBERS PRESENT F. G. Erfert,, F. H. Wharton, E. L. Brady, Counoilman Highleyman absent because of illness. . T. Filer.... _.,, t;t* BAY FRONT APPLICATION OF H. L. WOODBURN TO EXTEND HIS DOCK BETWEEN loth and 11th STREETS FOR A DISTANCE OF FIFTY FEET INTO THE BAY "Jacksonville, Feb. 1, 1917. The Honorable Mayor, Miami, Florida. Dear Sir: - Mr. H. L. Woodburn, of Miami, Fla. has applied to this offioe for permit to extend his reoently constructed dock on Biscayne Bay, lying between 10th and llth Streets, for a distanoe of 50 feet into the bay. Please advise this offioe if the oity engineer•has any plane for the improvement of the' ater front with which this extension would conflict, or if any objection is known to the proposed work. Very respectfully, W. B. Ladue, Lt. Col. Corps of Engineers." Moved by E. C. Romfh, seconded by O. F. Filer, that the communication be referred to the committeeman on pks and dooke with power to act. Motion carried. BAY FRONT PROPOSED LEGISLATION TO VEST TITLE OF STATE OF FLORIDA IN AND TO THE RIPARIN RIGHTS IN FRONT OF ANY PARK IN THE CITY•OF MIAMI ALONG BISCAYNE BAY "Miami, February 15, 1917. To the City Counoil of the city of Miami. Gentlemen: I have prepared a resolution, which I have handed to Mr. Romfh, asking you to oonfirm and ratify the action of the mayor, at my request, in publishing notice of the intention of the oity to ask for the passage of a law granting to the oity all the right and title of the etate to any submerged lands or riparian rights in front of any park in the city of Miami. While I do not think it absolutely necessary to have the council ratify the r,ayor'e aot, yet I think it a very proper thing to do in the interests of the city, and would like to have this resolution adopted to night. Yours very truly, A. J. Rose." Mr. Romfh introduced the folllwing resolution: RESOLUTION NO. 1118 Section 1: Whereas the mayor of the city had authority of the city oounoil for and on behalf of the city of Miami to apply to the legislature of the state of Florida, -at- its text session in 1917, for the passage of an act giving, granting and releasing to the city, all of whatever right, title and interest of the state of Florida, or of the Trustees of the Internal Improvement Fund, that the State or the Trustees may bave or clailm in any submerged land or riparian rights in Biscayne Bay in front, or appurtenant, or adjacent, to any parks in the city of Miami, and such notice was published and is being published in the Miami Metropolis. Section 2. Now, Therefore, Be It Resolved by the oity council of Miami, Florida, that the action of the mayor of the city of Miami in causing- said notice of intention to be published, be and the same is hereby approved, ratified and confirmed. Paeeed and adopted this 15th day of February, A.D.1917. Caspar Hefty Attest: President City Council W. B. Moore, City Clerk. Moved by F. H. Wharton, seconded by E. C. Romfh, that resolution No, 1118 be adopted. 0n roll call all voted yes. LEGAL SCADES'.V8 SCHOFIELD (City Food & Dairy Inspeotor) "Miami, January 23, 1917. Hon. W. B. Moore, City Clerk. Dear Sir: p W In re- Scales vs Schofield We enclose herewith copy of order in this oase, also bill for our services in this connection in the sum of 350. which we request that you present to oounoil at its nett meeting. Yours very truly, Atkinson and Burdine" Mr, Hefty: I understand another suit has been brought against the city by Mr. Heffernan, representing Mr. Scales. Mr. Cason: Yes, eir, that is being defended in the courts now. Mr. Hefty: I don't think council has ever had any information on this aeoond suit. xt is another suit against the oity on.acoount of the Board if Health. Mr. Cason: He is suing the oity for libel growing Out Of this same Schofield suit.' claims Schofield stopped him selling milk because of 4140a9ed oowe end is euiml ax:� damages. The mayor turned the summons over to us and told us to go 411e1.4114 city. There was a newspaper a000unt of it. He ie au t4e.oity forso1: on account od Dr. Schofield's report And 4,001.011 tiqc; -tW'rtW4Y;t#Oki: sour Meet tg. e�tUtrjt nothing to do with the oase,of Schofield's except that it grew out.of.the Date inoident instead of trying to hold Schofield they are now trying to hold the city, claiming that Sohofield was am employe of the pity. Mr. Romfh: I think we had better investigate the matter of this bill of Atkinson and Burd and see if it is as we agreed to do and if not we will hold up on it. Moved by E. C. R9mfh, seconded by F. H. Wharton, that the bill of Atkinson and Burdine be referred to the oity,auditor ;or investigation and report at next meeting of council. Mot carried. STREETS PETITION OF CITIZENS PROTESTING AGAINST CURB LINES AT NINTH ST AND AVENUE G The olerk read a petition from property owners along 9th St. between G and H protesting that the contractor laying the asphalt on Avenue G has turned the curbs into *:sax 9th St. from G in a manner that will reduoe the width of 9th St. Counoilman Wharton stated that orders had already been given the oontraotor to remove the curbing oomplained of and adhere to the original street lines and on motion duly made and carried the petition was received and filed. . . PUBLICITY REQUEST OF CHAMBER OF COMMERCE FOR DONATION OF $500. TO ENTERTAIN STATE LEGISLATURE WHILE ON TOUR INSPECTING THE EVERGLADES The clerk read a letter dated Feb. 12, 1917, from the Miami Chamberof Commerce, requesting that a donation of $500. be mode by the oity toward defraying the expenses of entertaining the State Legislature on February 19th-22nd, while looking over the Everglades, Miami Canal, eto. Mr. Romfh: I will ask the city auditor if we have not already exoeeded the publicity fund appropriation? City Auditor: Yes, sir, the fund of 17,400. will be overdrawn $1700. when present donations are paid. • Mr. Romfh: We should give them something, I think about $200. Mr. Erfert: I believe we should go heavier than that. This is important and it is sure coming back to us many times. These people have never been in our part of the state and know nothing of the Everglades and we are looking forward to their assistance Mr. Hefty: It is next in importance to us to deep water. Mr. Brady: What is the money to be spent for. Mr. Hefty: Our Chamber of Commerce and the Ft Lauderdale Board of Trade have arranged for the Legislature to make a trip through the G1&des. It oalls for money to entertain them we have never been able to get anything unless we put out money to do so Mr. V. W. Helm: We are about 500 shy and if you will give us 300. we will endeavor to get thr 200 elsewhere. This delegation will be here next Wednesday and Thursday M ved by E. C. Romfh, seconded by C. F. Filer that the city donate $300. to the Chamber of Commerce to defray the expense of entertaining the delegation of the state legislature on the Everglades inspection trip. Motion oarried. COLORED PARK SITE OFFERED BY E. A. WADDELL Miami, Feb. 10, 1917. Mr. Chairman and Hon. City Council. Gentlemen: Please let me know your decision in regard to Block 34, Waddell and Johnson's Addition offered by me and in question by your honorable body for colored park purposes. I have refused propositions for lots but have kept the whole block intact, giv you ample time to decide. Respectfully, • E. A. Waddell.' net on Mr. Romfh: We have been over that. I think we should provide for is high but the looation is good. I Mr. Brady: The block is a small one, about 300 X 200 and the prioe to me was $7,000., abou 1222 12 lots and almost 600 per lot. I never pressed the matter because I thought. the pri was out of proportion. I understand Col. Waddell has made a proposition that we select a and he select one and those two select the third and the three plaoe a value on the block but nothing was done because we took up the Welborn proposition in the Japes tract, whioh was much larger and for about two thirds the price. However, we lost out on that because of the race agitation. Mr. Romfh: The longer we put it off the more we will have to pay and I think we need a Neg park. Why not take him up on his proposition? He told me he would do that. Moved by E. C. Romfh, seconded by C. F. Filer that the matter be referred to the park and dock committeeman to be taken up with Vol. Waddell. Motion carried CAUSEWAY REQUEST THAT CAUSEWAY TERMINATE AT BAY STREET a colored park. The price The clerk read a oommunioation from mthe North Miami Asn. requesting that council take aotion with the proper county authorities seeking to secure the western terminus of the Causeway across Bisoayne Bay at Bat Street On mtoion duly made and oarried the matter was referred to Isham Randolph & 0o. for investigation and report to oounoil. ,�,,, ng ce AI A21O e Regular meeting February 15, 1917. STREETS COMPLAINT OF W. W. DILL IN RE SEVENTH STREET WEST 0P F E 0 Rt. The clerk read a letter from Mr. W. W. Dill oomplaining of the oondition of /th Street from F E C main line west and on motion duly made and carried the communication was referred to the street committeeman. BAY FRONT REQUEST OF PRICE AND EYLES FOR PAYMENT OF BALANCE OF FEE POR REPRESENTING THE CITY IN THE LITIGATION TO REOOVER THE BAY PARR AND RIPARIAN RIGHTS, "Miami, February 13, 1917. City of Miami, Miami, Florida. Gentlemen: Several weeks ago we submitted to you a proposition under whioh we were willing to withdraw from the case of the oity of Miami vs the Florida East Ooast Railway. Several members of the council expressed themselves to the effect that our proposition was fair. This proposition involved the p$ring to Ile of the sum of $75o. now due upon fees, and, in the event of such payment, release of any claim that we might have for any further fees in the case, and an agreement on our part to refund the entire $750. it the event that the oity of Miami should succeed in its action in ejeotment in recovering the terminal dook, and a proposition on our part to refund the entire $1500. paid us in the event that the city should euooeed in recovering the terminal dock without being required to pay for the improvements planed thereon by the Florida East Coast Railway Company. So far as we have been able to learn, no action has been yet taken by the city oounoil with reference to this matter excepting that Mr. Rose of this city has been employed to haneld the case. We should like you to pass definitely on our proposition and eith::r accept or reject same. Very truly yours, Price & Eyles By Mitchel D. Price.* Mr. Romfh: The committee (Messrs. Romfh,Highleyman & Wharton) has not had a further meeting. I don't really feel we own the attorneys anything more. We paid them $750. and the way the case has been handled, if they get any more I would rather they oolleot it by suit. Mr. Erfert: Is that the oomi.ittee report? Mr. Romfh:•The committee has not met but that is the way I feel about it. They olaim $750. That was to go up to the supreme oourt and involved the entire suit and inoludee the terminal dock and under the original motion we wanted to test out the riparian rights and that was left out of the case entirely. Mr. Wharton: Have you looked up the original motions and resolutions in reference to the suit? Mr. Romfh: I have Mr. Wharton: I never have had an opportunity, or taken an opportunity, to look up the original motions and resolutions. I understood everything pertaining to riparian rights was to be arttled, riparian rights and all, and before we start into a law suit we had better be sure we are right before turning the bill down. Mr. Erfert: What have they won for us? Mr. Romfh: Nothing. Mr. Filer: I move that the communication be turned over to the committee. Mr. Romfh: We should pay the $75. to Hudson, Wolfe and Cason for the typewriting. Mr. Cason: I don't like to discuss ouch matters as there is a sort of a conflict between my duties as city attorney and a member of the firm specially employed. My recollection of the agreement was that the pity employed Price and Ey es and Hudson, Wolfe and Cason to handle the Bay Park suit and they were to receive $3,000. if they lost and $5,000. if they won. After Judge Branning's decision whioh gave to the city the park property, o the strip originally included in the.park property, all of whioh went to the water's edge except that part occupied by the terminal dock, we communicated with the city and a stated we were ready to go ahead and fight out the question of riparian rights and state the way we thought it could be done - by the pity taking possession and the railroad attempting to stop the oity, whioh we thought they would have done. We stood ready to go ahead to final determination if the oity had followed our advioe by building the wharf. Subsequently, on account of Mr. Prioe's letter., he withdrew from the case stating there was no chance to reverse Judge Branning's decision in regard to the terminal look property. The firm of Hudson, Wolfe and OCason later wrote a letter stating we thought we had a chance to recover the dock property and also called attention°to our recommendation as to testing out the riparian right*. In our opinion, that is all we could have done. We have always taken the position that we are ready to go ahead. We have never withdrawn and if it has been lost we are entitled to our fee. I understood from Mr. Romfh that the matter was left with Mr. Rose whether we should oontinue,or not and Mr. Rose, in exercising that discretion, went ahead by himself, whioh left us out. W- are out of the case an account of no fault of our own and for that reason we will oonsid= weare entitled to the f4l1 fee of $1500. In the event of, suit we will of course contend with Mr. Price that under the agreement with the city the oaee was won instead of lost and that we are entitled to the full fee and in any event I don't think we are entitled to less than $1500. You have possession of Bay Park. Mr. Erfert: I would like to differ with the attorney, We got possession when they moved that building off at 5th Street and moved the fence out to the original shore line, and consider from that day we were in possession, and if we have gained anything since I hav not seen it. Mr. Price claims full fee and you claim $1500. Mr. Romfh: We paid $750. to eaoh firm and have nod -•gotten anywhere. They ha's lost confidence in the case and we got another attorney. Mr. Cason. If you will read our lott4r to reverse Judge Branning's deoisjon bavts 'field th'er�` i 44 fair chance T.: 3N YYii :.,,.r ;"„"'.: '�tf .1 1H} .%..4Tim.T`E o7i4°',,;"J".P:J ^'.fi r"_,; ,.x 5'` Regular meeting February 15, 1917 Mr. Roalfh: You have a bill in for $750? Mr. Cason: Yes, sir. Mr. Erfert: If you don't get it you propose to enter suit against the pity too? Mr. Cason: That is up to the firm. Mr. Erfert: I think we might as well be game and fight both out. Mr. Hefty: I think oounoil wants to be fair and do what is right. As I understand it, we were to pay $3,000. if we lost and $5,000. if we won The attorneys seem to think we won and we seem to think we lost. Mr. Romfh: We don't thick we got anywhere. Mr. Erfert: They have not gone far enough to win. This firm(Hudson,Wolfe & Cason) is ready to go and the other (Praia & Eyles) has withdrawn. Mr. Cason: I am not talking for the other firm. I think as a matter of justice we ars entitled to our fee and I simply made that statement for you to d etermins yourselves. I don't propose to enter into any oontroverey in the matter. Mr. Erfert: I think you are entitled to your fee. When a man is disoharged he should have his pay and I think the city should make good. Mr. Brady: If I understand the resolution, Hudson, Wolfe and Cason is a different matter from Prioe & Ey es. Mr. Price withdrew from the case. The resolution says they shall oarry this through every oourt and the firm of Hudson, Wolfe and Cason have not refused to Cary it to the higher oourt and have not given the case up, if I underetand it oorreotly, but we have taken it out of their hands and given it to another attorney. Mr. Price withdrew and it is a question whether he gained anything for the city or not. I would hate to see either firm lose a legitimate fee. I think Mr. Price stands amongst the beet lawyers'of the state and is a man of great integrity and would dislike to see him turned down unless we are right As I understand it, Hudson, Wolfe and Cason did not give up the case nor refuse to follow out the resolution which stated it must be parried through every court. I may be mistaken but that is my understanding. Mr. Cason: That is the exact situation and we have written letters to council so offering these letters are on file. Mr. Romfh: I think both firms should havepubiio spirit enough, in view of what has been done. We still have oonfidenoe in our claim and it would be a great deal of work to oarry these oasee up, and they want to get our money anyhow. Mr. Cason: Suppose Mr. Rose refuses to go anywhere, are .you going to refuse him? ' Mr. Romfh: If he gets 'Joked in the circuit court and then says we have no show, you bet your life we will refuse him. Mr. Cason: We have never said that and have stood ready to go ahead, and said that we thought we had a reasonably good chanoe to reverse Judge Branning's decision on the terminal dock property. We never conceded the dock property lost. Mr. Hefty: I think Hudson, wolfe and Cas n different from Price & Eyles who gave the case up. Mr. Romfh: We might let the matter go over and think about it between now and next regular meeting. Moved by C. F. Filer, Seconded by F. G. Erfert that the communication be received and referred to the Committee, Councilmen Romfh, Highleyman and Wharton; Motion parried. STREETS AND SANITARY SEWERS CONDITION OF IN SUB -DIVISIONS "Miami, Flai. Feb. 15, 1917. Lr. F. H. Wharton, Street Committeeman Miami, Florida. Dear Sir: - and I have received communications from the Board of Health regarding sewers in Bankers Park and Miramar. I examined the sewers in each instance and found that both sewers are plugged up. On aoeount of oonditions that exist, and the expense of putting these sewers in a proper sanitary condition, I bereiith submit a report of the situation: SEWER IN BANKERS PARK. This is an 8 in sewer emptying into the bay and is looated on private property, that is, on the block of lots that are situated on the north side of Witham Street, There are no water mains on this street or manholes on the sewers, so it is impossible to try to open the sewer byr flushing I do not believe the sewer oan be put in a proper sanitary oondition except by taking it up and relaying it. The expense of doing this will about equal the cost of laying a new sewer. This sewer is about 1300 feet long and would cost approximately 95¢ per foot, the cost thus amounting to about $1235, I find that there is also a sewer on the back part of lots on the south side of Witham St. and the probabilities are that this sewer will soon be in the same condition as the one we have examined. The proper solution for the situation is for an 8 in. sower to be put in on Witham Street and connected aoross to the sewer reoently put in on Casoade Avenue. It would be necessary to p 4 oross private property probably 850 feet to reaoh Oaeoade Ave. This sewer would be about 1500 feet in length and would oost approximately 1425. not including the cost of the right of way of 250 feet. I find, Weyer, that Witham St is dedicated to the owners of lots abutting on same and is therefore not a public street. In the preeent situation, I would reoommend that the Board of Health be requested to require property owners on this street to put in septic tanks. SEWERS IN MIRAMAR. The trouble in this sewer in is the iron outlet pipe in the Bay. It may be neoessary to take up this outlet pipe and relay it. This would probably octet. about $100. We may be able to olean this pipe by breaking it just outside the seawall and using rode and water pressure.. This would cost about f40, A man4 le Should be built at the change in grade just outside the sea-wallwhich would lost about 4$.Q. Th s. Would mean an expense of $120. should it be advisable e` .up' t,. �:8p'.; ` tie .pipe oan d byrode and water. be cleaned FS�y A210 et j s4f4�wva egu1ar meeting February i191 5, �• ,� I find that the streets and alleys in Miramar are also dediOated to the Millie Of property abutting on same, and are not publio streets. Very respectfully, Chas. W. Murray, City Engineer." Mr. Wharton: Praotioally all these subdivisions are platted with the streets not dedioated to the public. In Miramar, in order to put the sewers in satisfactory oonditio we will have to spend $1000 to $1500. and the same in Bankers Park, Edgewater, Broadmoor, Bayonne Place,- none of the streets are dedicated to 'the publio. I would like to know what the polioy of council will be or what the law is, where none of the streets are dedioated to the public. I have had many requests to fix up the streets it these sub- divisions and we have done a little work. None of the sewers are put down properly and i will cost the oity thousands of dollars to relay them. Mr. Cason: The oity can not go ahead and hold a lien against the property. I wrote a lett-r on this in regard to Edgewater and the same conditions exist in Miramar and other sub- divisions. The city can't go in and make improvements and hold liens against the propert . The only remedy I see would be for he city to oondemn the streets at nominal cost or the property owners join in a dedication of the streets to the publio. The prinoipal diffiou ty in that is the owners are scattered all over the oountry. Mr. Wharton; The best way is to bring suit and if any of the property owners objeot withdraw the suit and let them keep the streets. Mr. E. C. Stahl: I would like to ask if there is any notion that oan be taken against promoters who will p.:t in sewers like those in Highland Park, Edgewater, Miramar and Broa' moor and sell lots to people with assurance that there are sewer facilities. A man just north of me was ready to put in a spptio tank and a survey was made by the city engineer'= office and it was said he could not make connection with the Rand Street Sewer but I was able to make it We pay our taxes and have only four or five street lights. It is probably true the city has no legal rights down there. What are we paying taxes for? I believe you will have to put in a new sewer and if you do and make ud pay for it you will certainly hear a holler. We understood we had sewers, lights and water and we have nothing. Mr. Wharton: To start with, there is no water to flush out the sewers and all the sewers in these subdivisions are ridiculous,- some run up hill and some down and there is no ohanoe to do anything with them until they are relaid. I would like to see steps take• to asoertain whether the people are willing to dedioate the streets to the public, and if they are not I will fight against spending one Bent on them for any purpose, although we have already spent quite a little money. Mr. Stahl: I don't believe a property owner in Edgewater will refune to join in a dedica- tion of the streets to the oity. We are ready to stand the cost of paving the streets and putting in sidewalks and everything else and we want it done. I think our subdivision is as high class as Miramar except some fancy stuuff- it is our home and I don't think anyone in Edgewater will kick on the improvements if we get them but it seems unjust, when we paid a good price for our lots with the understanding that we had sewers, and the have to pay again to get them. Mr. Hefty: You simply had it put over on you. 1 Mr? Stahl: When that sewer we put in (Edgewater) a friend of mine protested and qne of the responsible parties said he didn't give a d-- how it was so it was in. Moved by F. H. Wharton, seconded by E. L. Brady that the oity engineer prepare a state - went showing the streets and alleys in platted sub -divisions within the city limits, that are not dedicated to the public, and`-turn,theiiist over to the oity attorney who is instructed to start proceedings to oondemn these streets and alleys and make them publie thoroughfares. Motion parried. SANITARY SEWERS CLOSING OUT CONTRACT WITH J. J. QUINN COMPANY 1914 AWARD Mr. B. H. Klyoe: About two and a half years ago contract was let to the Quinn Co. for oonstructing about $125,000. sewers; however, when it came time to sign up the amount of money available was not sufficient to have them all signed but as the money became available they were signed. He has now reaohed the last oontraot but materials and labor have gone up and in addition this oontraot is going to be a losing one. It has never been signed beoause the money waa never available to allow the city to sign, but he has offered to build it at oost. I have talked the matter over with the street committeeman and he thought it would be fair to aocept. It will cost oonsiderably more than the origin contract prioe but there is no oontraot and I believe it would be a fair thing for the city to accept. He made an agreement that he (J J Quinn) would sign the oontraots wheneve the money beoame available and he feels now that materials have gone up so it would not be fair to ;ask him to sign up at the original price. The assessments would not be changed; the cost to the property owners would be the same. I. expect it will post about #3500. and I think the old price was about $2100. It•was the sense of oounoil that oontraot should be executed on cost basis. STREET TRAFFIC PARKING OF CARS FOR HIRE. Special Traffio Offioer Lofton suggested that the praotioe of vehicles turning to the left be discontinued at the corner of 13th and 0 and D,and llth and 0 & D and:tPolioe Commissioner Filer stated that the suggested would be tried out and the traffic squad instructed accordingly: !Chauffeur Coachman asked that oounoil make some oonoeseione to hacking oars and that they ,be allowed to parkion l2th St between B and D after 6 P.M. Offioer Lofton stated that there are 186 haoking oars in toWn and if one ie allowed to come in all would have to be treated alike.; ,that the Beni 010.. and ,8i,eoayneM Hotels have complained that the ohauffeurs make considerable t 1eturb nO11;1Pi .h horns, mufflsre, etc. kata he having allowed some of the hacking care to ,pa k 1t , tl?e: to rritory .mentioned ae a • fr% fvi • itWQ11 0 Mr. Romfh : Stated that the mater of : traff 0.:a0 tr'Qf t . tho ' real .of. 5r }°1 1 sf Regular meeting rebruarY 15, 19 Munioipai Researob and the regulatione it proposed were muoh more draetio that the ditty's traffio laws; that the traffio committee had a meeting recently and iiietiaoted the apeoial offioer to make it easier on thehaoking oars and it had been tried out; that traffio &itrin the day is about all the streets will stand and keep it moving ignd didn't favor the idea of hacking oars being allowed to park on 12th between B and D, although some oonoession might be granted after 7 P.M.; that the traffio ordinance seems to be operating fairly well although the streets are badly oongested at times. Officer Lofton: I took it upon myself to let the haoking oars coma in that district after P.M. and to put up their signs after 9 P.M. and to move with regular traffio on 30 minutes, and on Sundays allowed them to stay all day and move with traffio, but could not do anything w4th the ohauffe_:rs, they were all the time giving trouble, and thought the proper thing to do was to let the ordinance stand; that the general publio and traffic is getting along very well, Chauffeur G A Bunnell stated that the blockade is not due to the haoking cars; that while the offioer mentioned 186 haoking oars, there are only eight or ten who want stands Mon 19th from B to D; that other chauffeurs want euoh stands and if they go away and the apaoe„ia, occupied the hacking oars would not get euoh a stand, but would like to have some hacking oars in that district. He asked why such oars oould not 000upy the spade and move on the half hour. City Attorney Cason replied that oould be done but the oitydesired to avoid it beoause the oars would stand at one point thirty minutes and them simply move up Councilman Erfert suggested that one or two blooks be set aside for the haoking oars and no others be allowed in the territory Mr. Romfh: The ordinanoe shuts them (hacking oars) off 12th Street from:2 to D and that is what they are kicking about. The hacks have been allowed to park anywhere except on that space. Chauffeur Coachman. We have also been told we could stand on but one aide of 14th Street. Mr. Romfh: The mayor has authority to designate parking space for haoking oars except on 12th from B to D and on C from 6th to 12th. If he says only one side of a street can be used that is all right. Offioer Lofton: When these men get one privilege they wany another and I advise that the way to eliminate trouble is to enforce the ordinance on 12th from B to D and designate stands outside of that district. Mr. Wharton: What is the objection to letting them stand there after 7 p.m.? Officer Lofton: None whatever, but I have tried to give them privileges and they run over me, and oues me out and the mayor and cuss the oounoil; they gave trouble or I would not run them out. Mr. Wharton: I don't see why, after the stores are olosed and traffio is light, they can't stand. Officer Lofton: I did that and all this trouble has come up and the mayor told me to run them off. I have been trying to reason with theseboys over a month. Chauffeur Bunnell: I would like to ask when we gave trouble after seven o'olook at night? Officer Lofton: The guests in open and private oars are not Chauffeur Coachman: If these Seminole and Bisoayne hotels. Mr. Romfh: If they are noisy, run them in. the hotels have complained about blowing horns and mufflers standing there late at night. are the only complaints, out us out from in front of the Mr. Filer: I think we can arrange to let them stand after seven o'clock. Officer Lofton: If they wont give any more trouble I am not opposed to it, but you don't know them until you have some experienoe with them. Mr. Romfh: I think the police commissioner oan work it out and if it oan be done without blooking traffio and there are no oomplaints, all right, but we oan't let them stand there Saturday nights Chauffeur Coachman: After the stores close, that is all we ask for. There are only ten or twelve of the home boys who want to stand there. McNeil has about 25 oars and other garages have 20 to 40 of the 186 and they have garages to keep them in. Cgauffeur Bunnell: We don't care about the atreetton Saturday night until after ten or eleven o'clock. Officer Lofton: When you say seven that don't mean six thirty. When they were allowed to come in they would do so at 6 30 or as soon as I turned my back. Mr. Romfh: If they come in at 6 30 arrest them. BI?)S ON MUNICIPAL WAREHOUSE On motion duly made and carried the clerk opened the bids. There was but one bid submitted on warehouse construction, by E. W. Parker, of Tampa, and on motion made and carried, it was referred to the engineer for tabulation. Mr. Brady: Are you oonsidering this or just opening the bid? I intended to bring this up before. You have advertised for bide for a steel building on the dooke and I simply want to go on reoord to ask for plans and specifications and bids on reinforced oonorete as well as a steel building. If concrete costs as much as steel it will be a oheapex building and a better building, but I know as well as I am standing here that a concrete building 58 X 3E0 with walls 15 feet into clear, doing away with a crane, can be oanetructed for 10es than 420,000. and save the taxpayers 25,000. If we put up a steel, building on a,.salt-Water front it will stand there as a monument to our folly as long as we live, Inasutuoh as 'it was the original plan of Mr. Randolph I hate to mention it, bedtimes have boon charged wit#i being on the cheap order. I am not on the cheap Order and if rei arced aoncrota is ohdap then chip, percent of the buildings in Miami are ohee � bo ti n w y se o 1000 ox salt- water and he will tell you a steel buldngw, 4 Regular meeting February 15, 1917. consider this carefully before you go into it. I have opposed it from the start and want to go on record as opposed to a steel building on that dock. oonorete will get better the longer it stands and we will have a building as near fire proof as we oan get it. Yeti are building a steel structure 24 feet high for a orane,- the F E 0 Ry. has been dolg' business here for twenty years and never had a crane. We are not supposed to lift freight for people and carry it around. I have been handling my own freight for twenty years and never had a transportation oompany lift a pound, and I feel that for a crane we are spending 15 or 20,000. dollars. I don't want tocross the plans of the engineers who have done us a great deal of good, but I feel it is time to take into consideration the build- ing of something that will not be destroyed by salt -water. No private individual would build.a steel building on a salt -water front,- you will have to paint it ever six months and you can't keep it from rusting away, it is utterly impossible. I ask you to consider this before you entertain anyone's bid on steel. I ask you to instruct the city auditor to call for plans and specifications and bids on reinforoed oonorete building. I am talkie as 1 would to my own brother and want to go on record for a reinforced oonorete building. We asked Mr. Randolph for figures on a oonorete building and he refused without permission from Chioago. Mr. Hills is here, he is superintendent for Randolph 0o. in Florida and I think possibly he would take this up with me and we might get up plane for oonorete as well as steal. We don't want to build anything out there that will stand to our folly for twenty five years. I apologize for taking up your time, but I am not contentious or cheap, but we oan't get steel now for any prise and when we have all the material for oonorete right at hand it is foolish to try and get steel. We are about to put up a bond issue - no one in this town oan erect a steel building, but we have people who can build reinforoed oonorete. I know we oan build 58 X 250 reinforced concrete for around $20,000. and if it should oost $40,000. it would be oheaper than steel. Mr. Erfert: I endorse every word Mr. Brady says, but I didn't know we were figuring on ste I would like to take you down here on the river bank and show you some steel.ehafting that is eaten away. We can build a.00norete warehouse here before we can get the steel shipped. Look at the bridges, that shows we can not get steel. Mr. S W Randolph: Mr. Hills is here and I would like to say a few .words. Mr. Brady says he was talking to you as brothers and I amcertainly talking as to friends. I have not the slkg -eat argument with Mr. Brady. In the first place, you have a fifty eight foot span and there must be trusses to leave columns out of the warehouse. If you consider the fire- proof side of the question, a steel roof truss is about the only truss you can use to span suoh a distance and if you use steel trusses there is no economy from supporting them on concrete columns. So far as steel not being desirable on saltwater, I might point out that the F E C use steel girders on their viaducts across t.e Keys, which are exposed to saltwater, and we went into that with them very thoroughly ihd they state they have a . satisfactory preservative which makes steel oostruotion satisfactory.. Aside from that you all know that practioally all warehouses are constructed on saltwater front, New York for instance, and the universal material used is steel. So far as delivery of steel is conoerned, you are just as dependent upon steel for reinforcing concrete. The matter of a traveling crane, I remember Mr. Romfh stated, when the matter was brought up to council, very oleaily to Mr Randolph to design a warehouse with the most modern and effioient means for handling freight and the most modern plants are equipped with cranes. Perhaps you don't need it now but I think you will find the day will come when you will need it, Mr. Brady: I don't want to argue with Mr. Randolph, but I want to say that reinforced concrete walls wont cost one half as much as steel. It does not make any difference where Ithe epeoifioatione come from, I want to say it is not a proper building for a saltwater. 'front. I am not arguing, but I do want to say that the Florida East Coast Ry. keep a gang 'from January lst to December 31st, painting these structures. I don't argue about his superior qualities as an engineer, but I.:eay if reinforced concrete walls 58 X 250 will n t 'carry a truss, a fifty foot building will and I have specifications for a 58 X 250, with no posts in it, costing about $18,000. and a platform around it for handling Slight will ;coat 1.75 per foot. I expected an opportunity to talk this over with oounoil before to Knight. I simply want to go on record as asking you to call for specifications and bida ;on concrete with the same dimensions as a steel building, except not 24 feet high. I think a building 15 or 16 feet high is plenty for us. We can not use a crane and I .don't believe it will pay to put it in. These are simply my views; I have studied it carefully and want to leave it to you. If you want a steel building costing $50,000. above concrete, all right Mr. Wharton: These rolling doors are very expensive and the sliding door is the most satisfactory and besides, in a warehouse you must have wails to stack freight against, with openings through which to make delivery. I never have had experience with rolling ,doors but I do know sliding doors are very satisfactory and not nearly so expensive. I don't know what the plans call for but I don't believe there is much spaoe left to stack freight against thewalls; it seems to be a continuous rolling door. Mr. Randolph: We don't want you to get the idea that we are recommending the construction of this warehouse at the prices submitted to night. I would like to look at the bids. Mr. Hills: When this matter first came up we went into .the matter ,of detamis with the then chairman of the dock eomni,ttee and it seemed to be the sense of council for us to cbvelope plans for modern and beet construction and we have done that. The plane on which you received bids to night represent the best standard of construction in this or any other country up to this time. It has been developed at great eipenae in New York, Philadelphia, and Baltimore and modified in Jaoksonville and New !Spleens. The first thing is capacity, - I believe Miami will grow and the developement of the bgok country will make you an important commeroial port. This meanswarehouse oapacity and one of the most important f eatu es is getting freight through a warehouse. If you put in a warehouse that has not facilities for handling at least cost and most rapidly, you will need more space. You must also bear in mind insurance rates. You will probably distribute to surrounding country. It would be difficult for me to oonvinoe you the rolling door,isa good investment. In New Orleans they have developed a very efficient warehouse and are second in importance as a port and in the past year have torn down about 88,000. original construction and replaced it with ;the rolling doors. I don't want you to think that we don't want you to do anything you desire, and if you want different type of construction we will undertake to do so but we are sincere in our belief that the type we have recommended is the most satisfactory and economical from the point of view of the business you have reason to believe will deve+lope ;here. This bid to night, I am not prepared to say-Whether.it is a fair bid cx not. It may be and it may not. It is unfortunate that the steel market is in the state it is. As to concrete walls, undoubtedly oonorete poste and wood roof trusses oan be built for much less money than steel. I don't believe it is geed Insurance is higher. ;Conorete with oonorete trusses would give you trouble. As to the crane, if it is your des* that you don't want it we will design it without t.he crane but that goes bank, to the original recommendations as to what we thought beet and has bean proven so in most every part of the country. i In answer to a question by dr. leady Ur. H jj ra. atevt;erd :ti t. Q prov s pn .bad,: been fax handling local freight other -then bebio3es ririvir into ;the'warel� '• '+fw4' #i.1, �. .�"�,� "- �tMi+t;.ik.Wifi�.�i«wu�te•'.u'saixv3m,�„sxiaawt.S..ir.,lu.n�i...w.:i.. ��d3.. r7., i,.. il4 �sr'::.. •f .; l.,ewi;: �l i.... �: :.tt. e., Y. 1_. �x ,. .,.i ..i .� ..� i. 3, , ..:: .........e.. .. �:{, .. .. .... .... ... �_., tts tm®' `iris �'ebrixrylµ"'17.� Mr Brady stated that the matter of trueees for the type Of structure he rocommeide_had not been oonsidered by him. Also stated that he was obliged for the statements mede.and t if S W Randolph had gotten instruotions from his home offioe when the matter *as brought u sometime.ago the disoueaion to night would have been eliminated. Also that the engineer in making the statement that oonorete would cost as much as steel, the use of rolling door was still contemplated while he had in mind oonorete wall with an opening about every 25 feet.. A representative•bf the W.:ilson Door Co. stated,- Our irm.furnished doors for Jacksonville they are located every•third bent and they have deoided to purchase more doors. There were eleven bids on nine different type doors and they were all eliminated and nothing but steel rolling doors considered. We have doors in operation in New York 24 years. We h at Wilmington, Charleston, Jacksonville,- there are 141 of our d core in the F E C warehouses. We guarantee to raise our 16 foot door in as many seconds. Mr. Wharton: I think the engineers have been figuring more on through freight than local. I believe we should cater to local freight and I believe a building with less.openinge wou; be more practical for local freight. Mr. Erfert: I. think we should economize and not spend $10,000. for doors. Mr. Romfh: The most diffioult thing for a man to do is to get awqy from the present. If I felt Miami was going to stand still I never would have voted to spend the money we have an I don't believe the people would have voted the bonds, and if you submit a wooden dock, the people will authorize it, but I do believe they will authorize something to take care of the future needs of your .oity. You see Jacksonville is tearing out already, beoause the; were building for the present. New Orleans also. There has been more money'vasted in Miami tearing down and building over than most anyother place, for the reason that we are growin very rapidly. We oan"t see it sitting here but you can if you get out. I believe we will have a oity of 100,000 and I don't think it will be long coming. Right now we have no' water traffic. I doubt if you will have enough room in the basin. We are making wonderfu strides even if you don't know it. I think the thing to do is toiefer this bid to the engineer for tabulation. I realize we are spending more money on account of steel than • we would under a normal market, but I can not reconcile myself to other than the beet for city, and we have tried to do that in everything we have undertaken here. You will need t;_e traveling crane and also the doors. I am very frank to say that I know nothing about warehouses but I believe we need a modern and up-to-date warehouse. I believe the engineers have given you the best type of construction and we want to consider it very carefully before we go back to something that we need for the present •only. Mr. Erfert: Don't you consider concrete is omething durable. If you can build a concrete warehouse for 25,000. less with these steel rolling doors wont you be satisfied? We oan pu a steel truss across oonorete. Mr. Romfh: Don't .you think these other cities have gone into th ie? Mr. Erfert: Not when theyvere the size of Miami? Mr. Romfh: When they were the size of Miami they didn't have any water front Things are being handled more efficiently every day. These same cities, if they were the size of Mia would not go over the same steps, knowing what they do now. Mr. Brady: I think Mr. RoZh's remarks very appropriate. We oan handle freight in a cone building as well as a steel building., Mr. Romfh: Insurance was spoken of and cost of handling. That is all taken into consider- ation whether you ship by freight or water. You have higher cost on the railroad and whe you come to eliminate insurance and high cost, wailer is what assiete you. Mr. Wharton: I think a conorete building will take as low insurance rate as we oan get. a and ve doors he ete Mr. Hills: Mr. Romfh mentioned several points I would like to emphasize. When we laid our plans before them w e had a great deal of difficulty with the army engineers. They maintained the turning basin was not large enough and we took the position that the oity was not justified in spending the money without lose on peaent investment. Oonorete as compared with a eel - if ycu w ill grant that the growth of Miami will make it important for you,to have the best modern construction then you will grant that you need the rolling steel doors. The traveling crane can be left off for the time but I think you should make provision to instal it later. If you do grant you need provisions for a orane and rolling doors, then you can have either concrete or steel, and then you have the same posts to go in the air and the trueeee and the roof will be the same in either type. Your siding will the same. I submit you oan not put in conorete roof truss, so there is nothing left but the poets. Any possible difference between concrete and steel would be very small. There are certain structural features that make the use of concrete difficult. The cost of a conorete wareh use ae sug-eeted by Mr? Brady would be about $25,000. and the cost of a steel gouse would be something like $45,000. or 20,000. differnoe and as you have spent several hundred thousand that is a very small percentage on firet cost. Conorete structure does not provide for a crane or rolling doors. Mr. Brady: What provisions have you made for handling looal freight. Mr. Hills stated that no provisions had been made for handling local freight exoept for vehicles to drive into the warehouse and load from the floor; but that if a vehicle could back up to a platform abd load on a level it is a great advantage and that some modification could be made at small ooet to handle that. Moved by E. C. Romfh, seconded by F. H. Wharton, that the bid received on the warehouse be referred to the engineer for tabulation. Motion oarried. NEW CITY HOSPITAL EXECUTION OF CONTRACT WITH ST JOHN CONSTRUCTION COMPANY Mr. Romfh: We have sufficient money on hand ( approximately $30,000..) to build the administration building and to secure the steel neoeesary to go into the aervioe and colored buildings and if the proposed bond issue ie ratified by lhe people we oan than go ahead and complete the colored ward and service building and have nearly enough money to complete the entire hospital. The committee would recommend that you accept the bid of the St John Construction Co., which is the lowest bid, on the administration }bui.c4.i:x�g for $22,008. and the cost of the steel is $2865. The contractor agrees to let''bia'bid stand until the result of the bond election is known. jl i Moved by E. C. Romfh, seconded by F. H. Wharton, that the mayor a 4, o.1ty, p7.erie be and they are hereby authorized and instructed to eXeonte fofi 'the, ai.�tyno Mi ;the .pontr50t with the St John Construction Company f'ox. tho,:.•xai.=,ti.�r ho';, a d* *op 4 g:`Q the oit h• - • t-1 .f • the .ri• -:.. Q �f' A210 \ Regular meeting February 15, 19 7 ward and service building for the sum of $9665. Motion carried., (The bond of the St John Construction Company, in the sum of $7750. watt alit) presented and approved by council, the surety being the Fidelity & Eepoeit 00. of Maryland) Contract and bond on nfile in Auditor's office, file No. 107. Contraot and bond given to city attorney Cason Neb. 19, for examination - MUNICIPAL RAILWAY Mr. Brady: I have spoken to Mr. Randolph about eonstruoting the railway and he said he had no authority to go ahead, his duty simply being to supervise oonstruotion. Mr. Randolph: I recommend that the work be done by a looal contraotor; in my opinion nothing would be accomplished by advertising it. On motion duly made and carried, the oonstruotion of the municipal railway was referred to the dock committeeman with power to act. REVENUE LOAN BONDS UNDER SECTION 30 OF THE CITY CHARTER Finanoe Committeeman Romfh stated that some deficiencies are being created in the matter of park improvements, donations for band oonoerts, entertainment of conventions, and street maintenance running higher than appr priations beoause of the extreme dry weather resulting in the rook roads deteriorating r�pidly and it would be necessary to borrow not to exceed $25,000. to cover operating expenses. Mr. Romfh introduoed the following resolution: RESOLUTION NO. 1116 RESOLUTION AUTHORIZING BOND ISSUE UNDER SECTION 30 CITY CHARTER. Whereas, the city council of the oity of Miami, Florida, has, on the 4th day of September, 1916, duly levied taxes for the following designated fund of the oity of Miami at the following rate, such rate being sufficient toxealizs upon the aseessed valuation o ,said oity, amounting to $21,149,950. the sum named after such rate, to wit: For the General Fund, 4i Mills realizing $95,449.29 and Whereas, it is desired and deemed necessary for the best interests of the oity of Miami, that the sum of $25,000. be borrowed by said city to the credit of its general fund, and that revenue bonds be issued as evidenoe of such loan, and Whereas, said sum of $25,000. is less than seventy five per oentum of that sum which remains after subtracting from the amount of all uncollected taxes levied in the two preceding fiscal years, the amount of all bonds, notes, warrants or other oity obligations now outstanding which have no fixed maturity or which by their terms mature within one yea from the date of their respeotive issuance: Now, therefore, be it resolved by the city council of the oity of Miami, Florida: That said city under and by virtue of the authority conferred by Seotion 30 of the charts of said city, proceed to borrow the sum of #25,000. whioh said sum when received by said city, shall be placed to the credit of the general fund of said city. Be it further resolved that pursuant to the provisions of Section 30 of the oharter of said city there be issued for said loan the revenue bonds of the city of Miami in the aggregate sum of $$25,000. dated February 15, 1917, maturing February 15, 1918 with interee at 5% per annum payable at maturity of said'bonde, both principal and interest to -be paya at the office of the city clerk at the city of Miami. Said bonds to consist of twenty five bonds of $1,000. each, numbered 73 to 97, both inclusive, and the proceeds of said bonds to be placed in the General Fund. Be it further resolved that said bonds shall be the abaolite, direct and general obligatio of the city of Miami, and that the full faith, credit and taxing power of said oity shall be and hereby is pledged for the principal and interest thereof; that for the further security of the holders thereof a charge is hereby made and declared in favor of such holders upon all receipts from taxes or otherwise of the fund for which said bonds are herein authorized to be issued, whioh charge shall take precedence of all other*claims upo or payments from said fund, and there shall be reserved from such receipts an amount sufficient to meet the payment of said bonds and interest as they fall due. Be it further resolved that said bonds shall be signed by the mayor and city clerk, scale with the seal of said city and attested by the city auditor, and that said bonds, to which no coupons shall be attached, will be in substantially the following form: UNITED STATES OF AMERICA No. 1,000. CITY OF MIAMI REVENUE BOND OF 1917 Issued under Section 30, City Charter. KNOW ALL MEN BY THESE PRESENTS that the city of Miami in the oounty of Dade and State of Florida is justly indebted and for value beoeived hereby promises to pay to the bearer on the fifteenth day of February 1918 the principal sum of ONE •THOUSAND DOLLARS with interest thereon at the rate of five per oentum per annum both principal and interest to be payable on said date at the office of the oity.o].'erk 0f said oity. This bond is one of a series of twenty five bonds of like' date, tenor and amount, numbered from 73 to 97, both inclusive, aggregating twenty five thousand'dollars face value, for the purpose of providing funds in 1 .t i anticipation et taxes heretofore levied,. TA 4* prooeeds of bonds 73 to 97, both inclusive, aro.et: t1be pp.].aoe� . in;the genera. fund,.: 'A, 1_ of said bonds are issued under the authority of and n' ull oo„mpi3.ano+!w;, e. ation' 3O'`t�f`. the city charter and the lawn and oonatitution Og,th*40,0e c lori a ` a, es,olut ri adopted by a vote of five -eel/. the of the -metebors 0,00 Of oit oou a i t f' Ica of and approved by the mayor thereof. ,. Regular meeting February';' It is hereby oertified and recited that 'all acts, bO't iti©ns and things t'equired tb happy exist and be done prior to or in the iesuanos of said bonds have happened, existed and be dons as required by said constitution; laws and charter; that this bond, together withall other indebtedness of said oity does not exceed any oonstttutional or statutory limit, thereupon; that there are no claims against the said fund save the olaims of the bonds of this issue; and that the aggregate amount of this issue does not exoeed seventy five per oentum of that sum whioh remains after subtraoting from the amount of all unoolleoted taxes levied in the two preoeding fisoal years the amount of all bonds, notes, warrants c other oity obligations now outstanding which have no fixed maturity, or which by their to mature within one year from the date of their respeotive iseuanoe. For the prompt payment of this bond with interest at maturity the full faith, oredit and taxing power of the city of Miami are hereby irrevooably pledged and as additional security for such payment said oity oounoil pursuant to said seotion 30 of the charter has pledged and appropriated to such payment a sufficient amount of the unoolleoted•taxes and other revenue to be reoeived by the fund for whose replenishment this bond is issued as hereinabove stated an this bond oonetitutee a first oharge upon such unoolleoted taxes and revenue. It witness whereof, the said city of Miami has oaused this bond to be signed by ita.;.mayor and clerk, sealed with its oorporate seal and attested by its auditor, this 15th day of F 1917. Mayor Attest: Coty Clerk City Auditor. BE IT FURTHER RESOLVED that all of the bonds herein authorized shall be sold by the finanoe committeeman of the oity oounoil at one time or from time to time in his discretion as he deems for the best interest of the oity, at not leas than $99. on the $100. and accrued interest, and the proceeds thereof shall be paid to the pity clerk, and by him deposited with the city depositories of the city of Miami, Florida, together with a statement showing the amount of such prooeeds'which as hereinabove provided in this resolution shall be credited to the Rind for whose benefit the said bonds are issued. Be it farther resolved that all resolutions and orders in conflict with this resolution be rend the save are hereby repealed. Be it further resolved that this resolution shall be in foroe and effeot from and after its passage and approval. Passed and adopted this 15th day of February, 1917. Attest: W. B. Moore, City Clerk Approved this 15th day of February, 1917. /t►, dY'a;, Moved by seconded by E.4.Brady, that resolution No. 1116 be adopted. On roll call all voted yes. Caspar Hefty President City Counoil P. A. Henderson, Mayor, Miami, Florida. RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM GENERAL FUND TO R. & I. FUND FOR USE OF DOCK CONSTRUCTION Councilman Romfh introduced the following RESOLUTION NO. 1117 Be it resolved by the city oouncil'of the oity of Miami, Florida: Section 1: That the sum of $10,000. be and the same ie hereby authorized and direoted to be transferred from the General Fund to the Repairs and Internal Improvement Fund FOR THE USE OF DOCKS AND WAREHOUSES Section 3: That said Repairs and Improvement Fund shall be reimbursed in the sum of $10,000. from the proceeds of the sale of bonds, or other revenue whioh may hereafter be reoeived by the city of Miami for its dook and warehouse fund. Section 3: The city auditor is hereby directed to issue a voucher in the sum of $10,000. against the general fund in favor of the Repairs & Internal Improvement Fu cd FOR THE USE DOCKS AND WAREHOUSES. Section 4: T is resolution shall be in foroe and effeot from and after its passage and approval by the mayor. Passed and adopted this 15th day of February, 1917. Attest: Caspar Hefty President City Council W. B. Moore, City Clerk. Approved this 15th day of February, 1917. loved by •s,. On roll oall all voted yes. P. A. Ienderson, Mayor, Miami, Florida. seconded by C. F. Filer that resolution No. 1117 be adopted. OPDINANOE ESTABLISHING QUIET ZONES IN PROXIMITY TO CHUR0 E$ iP$.PIrAL$ To The chairman oalled up for third and final rea¢4ng ORDINANCE NQ,,,;'';2a . • n ms he bruary A210 Atteet: W. B. Moore, City Clerk. Approved this 15th day of ORDINANCE NO, 232 AN ORDINANOt TO FORBID AND PUNISH UNNECESSARY AND USELESS NOISES IN PROXIMITY TO CHURCHES UMW AND HOSPITALS IN THE CITY OF MIAMI BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI: Section 1: It shall be unlawful, within the oity of Miami, to make any unneosesa ry useless noise or to do or perform any act in any needlessly noisy Manner, or to needless continue or prolong any neoessary noise within the hearing of persons within any ohuroh, during the progress of any religious or publio servioe, meeting or exeroise, or within the hearing of persons in any hospital or sanitarium that may be then oocupied by any patient Seotion 2. Whoever shall violate any provision of section 1 of this ordinanoe, shall be pubished by a fine not exceeding two hundred dollars, or by imprisonment not exceeding thirty days or both such fine and imprisonment. Seotion 3. The chief of police shall cause to be prepared and permanently displayed in oonspiouous position in proximity to every ohuroh, hospital and sanitarium within the oity of Miami, a sign bearing in large&aegible lettering, the legend "Zone of Quiet". Passed and adopted this 15th day of February, 1917. Caspar Hefty President City Council February, 1917. P. A. Henderson, Mayor, Miami, Florida. Moved by C. F. Filer, a3oonded by F. G. Erfert that ordinance No. and final reading and read in full. Motion carried. The ordinance Moved by seconded by C. F. Filer that Ordinanoe On roll oall all voted yes ORDINANCE REGULATING JITNEY BUSSES The Chairman palled up for third and final reading 232 was No. be given third read in•full. 232 be adopted. y ORDINANCE NO. 231 AN ORDINANCE PROVIDING FOR THE OPERATION OF JITNEY BUSSES AND JITNEY BUS LINES IN THE CITY OF MIAMI AND DEFINING THE SAME; REQUIRING AND PROVIDING FOR THE LICENSE THEREOF, THE CONDITIONS UNDER A LIOENSE THEREFOR MAY BE ISSUED, AND FIXING THE AMOUNT OF LICENSE FEES TO BE PAID THEREON; PROVIDING FOR THE GIVING OF INDEMNITY BONDS OR?POLICIES OF LIABILITY INSURANCE; AND PRESCRIBING THE AMOUNT THEREOF; AND PROVIDING PENALTIES FOR THE VIOLATION OF ANY OF THE PROVISIONS HEREIN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI: Section 1: For the purpose of this ordinanoe a jitney bus is defined to be any motor propelled vehiole operated over the streets of the city of Miami regularly or at intervals along a definite and regular route, or between definite points within the oity, for the purposes of carrying passengers for hire, and which vehiole reoeives,oar.ies and discharges as passengers such persons as offer themselves for transportation along such points, or between such points, or which shall be operated as a means of local transportation similar to that afforded by the operation of street railways, Nothing in this ordinanoe oontained call be deemed to apply to any street or inter- urban railway oar, or to any motor propelled vehicle used exclusively for sightseeing purposes, or to motor propelled vehicles used exclusively as hotel busses, or to any motor propelled vehiole which is rented from a stand in the street, or from a public or private garage on telephoneoall, the destination or route of which is udder the direction of the passenger or passengers transported therein. Nothing in this ordinance oontained shall be deemed to apply to any motorpropelled vehiole used for the carrying of passengers for hire or otherwise between the city of Miami and some point outside of said city into the oity limits of Miami. Provided, however, that such vehicle does not oarry passengers for hire from any point within the city to any other point within the city. Seotion 2: It shall be unlawful for any oorporation, person or persons, to use, operate or run, or cause or permit any of its, his .kr their agents, servants or employees, to use, operate or run a jitney bus in, along, through, over or upon any of the streets of Miami, or to oarry on the business of transporting passengers for hire in any jitney bus or busses in said city, without having first obtained a lioense so to do, as in this ordinanoe provided; and no,lioense herefor ;hall be issued exoept as provided herein. A separate applioation shall be made and tiled in w iring with the city clerk for each jitney bus proposed to be operated in the city of Miami; which applioation shall contain the following statements to wit: The name, age, residenoe and businsae address if the applioant is a natural person; if a ocrporation0}its name,, date of incorporation, and place of business; if a.partnership or ocipany'` the 'business name of the partnership or company, and the names of the partners, Qz persons oompri!ing the company, with the business address of each partner of th;:oompanyy. the name, type and make of the motor oar proposed to be used as such jitney bus, the horse power thereof, the seating oapaoity thereof a000rding to its trade.trade tiO4hgs the factory rusher thereof, the state license number thereof, and whether such.jitneyr.bus ,s...to'be operated by the applioant or by a oauffeur; the route an texmi#41 between !op .,, uo jitney bus Usproposed to be operated; the sohed,4tj.1.. chewing trio ti�pe of ,epd t g e�q the. texm4i acoording to which it is proposed to'00 t,QboA otg' the' 144 -44 cone ..pe ,may:+►,:v��• {�y1��: ty. iieEyr►.i a ' r meeting `6 ruair - r V motor vehiole proposed to be used as a jitney 'bus hall been adapted :fo`r `use' ae B idh', either by converting a freight oarrying truok into a passenger oarrying U®hible,, or 1 y reoonotruo ing, modifying or adding to the body or seating.oapaoity thereof,.a. 9tateme1$ of ite oarrying capacity in pounds or tons, and its rated seated capacity aei adapted. • The oity clerk shall promptly refer the applioation for a license to the oity oounoil, which oity oounoil shall consider the same, and may, if deemed advisable, summon and examine the person or persons in regard to the granting of such license, and may grant the same as asked, and shall fix, in all oases, the schedule, route or terminal proposed in such application, or may refuse a lioense to suohrapplioant altogether. If the pity council sh it determine to issue a license to the applioant for the vehiole mentioned in the applioation1 it shall make the order directing the city clerk to issue such lioense, and shall specify in such order the schedule, route and termini of the jitney bus to operate which the lioen e is to issue. Upon the.reoeipt of such order, and upon payment of the required lioenee fee and the giving of the bond hereinafter mentioned, the oity olerk shall issue a oertifioate of lioe se to operate or cause to permit the operation of the jitney bus therein desoribed along the route and between the termini according to the schedule therein. Seotion 3. Any person desiring to secure a lioenee as a driver of a jitney bus shall make applioaton under the same terms and oonditione as are now or whioh may hereafter be provided by the ordinanoes of the oity of Miami, governing the issuance of lioenees to chauffeurs generally. Seotion 4. The annual lioenee tax for the operation and running of a jitney bus over one route in the streets of,the oity of Miami shall be paid in advance into the treasury of the city in the sum and aocording to the schedule following, to wit: For license to run a motor vehiole oarrying four passengers or less, $10. For license to run a motor vehicle oarrying more than four passengers and not more than ten passengers, 15: For lioenee to run a motor vehiole carrying more than ten passengers and not more than fifteen passengers, 100. For license to run a motor vehiole oarrying more than fifteen passengers, 100. Section 5. Every jitney bus shall have painted on eagh side, front and baok thereof'in letters at least one and one half inch in height and not less than one half inch in width, and so that the same shall be readily legible to the publio,.the words "Jitney Bus", and giving the name of the person, firm or corporation owining the same, or the name of the Person, firm or oorporation operating the same, and the termini of the route over which it Section 6. Every jitney bus operated when it is dusk or dark, shall be adequately or artificially illuminated om the inside and be so illuminated on the outside that the termi shall be readily legible to the public. Seotion 7. Every person operating any such jitney bus shall abide by each and all of the ordinanoes, rules and regulations of the oity of Miami, now in force, or that may hereafte be put in force, calculated to regulate such jitney bus business, and also traffio along o upon the streets of the city, particularly the ruIs of the road as now bet forth and described by ordinances now in existence covering such matters. Section 8: It shall be unlawful: (a) to run or operate any jitney bus for hire, upon or along any streets not included in the route described in the license for running such jitney, bus. Section9. It shall be unlawful for any person to stand or sit upon the fender, running board, hood, door or other place outside of the jitney bus when the same is in motion. Section 10: It shall be unlawful for any person by himself, agent, ervant or employe, to drive or operate, or oause to be driven or operated, ar.y jitney bus if the driver or operator is less than eighteen years of age. Section 11: It shall be unlawful for any jitney bus operator to run past or within twenty- five feet of any other jitney bus pr street or interurban railway oar for the'purpose of r prospective passengers ahead of such other jitney bus or oar. Seotion 12: It shall be unlawful for the driver of a jitney bus to refuse to oarry free of charge, when there is room in such bus, when in uniform, either a policeman or fireman or employe of the health department. Section 13: It shall be unlawful for the driver of any jitney bus to fail, riegleot Ifs refu to return every artiola left in auoh jitney bus by any passenger thereof, to the polioe station in .this city within twenty-four hours after the finding of such artiole. Section 14: It shall be unlawful for any person operating a jitney bus, to permit, oause o allow the same to cross any railroad track at any intersecting street in the corporate lim of the city of Miami, over which trains or oars are operated, without bringing such jitney bus to a full stop before crossing said railroad track; provided that at all;points where traffic officers are provided, the person operating or driving such jitney bus shall comply with the directions of such traffio officers, and provided further, that at all track crossings where flagmen are provided, the persons driving or operating such jitney bus shall be governed by the directions of such flagman. runs. 1 Section 15: In order to insure the safety of the public, it shall be unlawful for any person to drive or operate a jitney bus, or to obtain a lioenee therefor unless he shall b given and there is in full force and effect at all times while such person is driving or operating such jitney bus, and on file with the pity clerk of the city of Miami, either (A) A bond of the owner or lessee of said jitney bus with a r4spons,ib1e; aurity,,.00# party or association authorized to do business under the laws of the state, of Florida, in the sum o Five thousand ($5,000) dollars, conditioned that the owner or lessee of such jitney bus, f a lioenee has been applied for, giving its, manufacturer's name and numbetand. state lioens number, will pay all loss or damage that may result to any person,, ooxporation or property from the negligent operation of or defective construction of such jitney bus, or,which may arise or result from any violation of any of the provisions of this ordinance.,, or the laws of the state of Florida. Said bond shall be given to the, pity of Miami._+ d..shall fby its specific terms inure to the benefit of any and all persons:Aor oorporatlQns suffering loss or damage, ether to person or property as herein provided.; .arcd. etLall provide that su may be brought in any oourt of oompetent jurisdiction upon 04A':.:bo34.:b0ny'pers9n or Ps" ,or corporations, suffering any loss or dani ge, all here±n prov dad. a d. s is 1 oontal a provision that Wm i1 a. Gontin i y. 3. ram° ° r�x �z '� 1' t -i ,: *i iiblt r1lS�iL.D'x i. .. _'* _i..... +^.Y VSS wkdrcii:.�taS:' bL'Ys«it.S1.u•?$.«..•'4ati v.n,n.. C- rs, -1 ...,5. ti�a.'ux�.J�,_ xr�n�:.Y.,i.,. .�..'`r ,.. �a �r.r:�i.1.. �., a, : ..,, ..�.t-p. aching t r whioh Tie :d° ZTORU smi.1tts.-2,H1*titigt . , PrOortp All lots or paroola of. laald 41,131,9*!c ;-- • ,-!**!: Block 44 61N., BlOck BON., nodk tiOW;4• Block 65W. except lots IQ fIncl Block 7PN., ft 10 Block Block 997Tq5N., 9RN., ., 10 Block 10 12 to 20 • A210 45. 4,1 4 U "i ee.t3ri .°'Fad r . I ', PY�,'}.'r 4 'Vsl!',k ��., i" _ N t %vAy �} t _i `�!7<l7F thereon, and if, at any time, ' in the judgment ref • e oouncii sufficient for any cause, the oounoil may require tie party o whoni'a i# dis j as herein provided, 'to replace said bond with another b"on4eat'iefa0t s .:,to .;'t e o 0 and in default thereof, said license may be revoked; or (b) A polioy of liability insurance in a company authorized to do 'businakae`'in the estate Florida, insuring said owner or lessee of said jitney btie against loge by retso'n of iitjur or damage that may result to any person or oofporation or property from the operation of o.t said jitney bus, said polioy of ineuranoe to be in the sum of five thaand (5,000 dollars. Said polioy of insuranoe shall, by its spealfio terms, inure to the.benefit'of all persons or corporations suffering loss or damage, either to person or property, as herein provided, and shall provide that suit may be brought.in say court of competent jurisdiction upon said polioy of insurance by any person Or persons, or oorporation_, suffering any loss or damage, as herein provided. Said polioy of insurance shall contain provision that there is a oontinuing liability thereunder, notwithstanding any recovery thereon; and, if at any time, in the judgment of the council, said.polioy of insuranoe is not sufficient, for any cause, said oounoil may require the party to whom a license is issued as herein provided, to replace said policy of insurance 9w34e with another polioy satisfactory to the council; and in default thereof, said license may be revoked. Said polioy shall guarantee payment to the person or persons or corporation, suffering injury damage, or to the personal representatives of said persons, within the limits herein provided, irrespective of the financial responsibility of any aot or omission,of the owne or lessee of such jitney bus. If at any time said policy of insurance be cancelled my the issuing oompany, or the authority of said.issuing company to do business in t'he state,of Florida, is revoked, the city oounoil shall require the party to whom wlioense is issued, s herein provided, to replace said polioy with another policy satisfaotory to the oounoil; d, in default thereof, said license may be revoked. Such bond or policy of insuranoe shall be approved by the oounoil n said city, and th •emission granted by the saidreounoil as herein provided shall recite that the license is eeued upon conditions and in consideration of the filing of said bond or polioy of insuran n the form ae herein required. PROVIDED ALWAYS, that when a person, firm or corporation hall operate more than one such jitney bus, a bond or policy of insurance may be given in he necessary amount to oover all the vehioles at the above rate, namely, Five thousand. (5,000) dollars per vehicle. PROVIDED FURTHER HOWEVER,that when any person, firm or, orporation shall operate more than five (5) such jitney busses, a bond or policy of neuaanoe in the sum of $wenty five thousand ($25,000) dollars may be given covering all of aid,vehiclee, with the provisions and stipulations as aforesaid; it not being intended by his seotion to limit the liability of any person, firm or corporation owning or operating uch jitney busses to the amount of bond or policy given but to give to the public a measur f protection from such damages. action 16: If at any ime during the life of any license issued under the terms of ti.a rdinanoe, the holder thereof allows the bond or polioy of insurance mentioned to lapse r become ineffective, or to terminate in whole or in part, then at the same time, the ioense of such holder to operate a jitney bus shall ipee facto become null and told. may be action 17: The license for the running and operating of any jitney bus/revoked at any time •y the city oounoil if it shall appear that the owner or operator of such jitney bus, is or mploye a oareless or reckless epe,a►ese driver or operator, or in oase such r wner, driver o perator shall violate any of the provisions of this ordinance or any rule, regulation or rovision now in force, or that may hereafter be put in force, covering traffic) or the usinese of carrying passengers for hire in any jitney busses, in, upon_or through the . treete of the oity of Miami. ection 18: Any person who shall violate any st Ike provisions of this ordinanoeshall be ilty of a misdemeanor, and upon conviction thereof, shall be punished by a find not _ exceeding seventy five (75.) dollars or by imprisonment in the city jail not exoeeding thirty days. Should any person be thrice oonvioted, the license of such person shall be. thereupcn oanoelled. Section 19. All ordinanoes or parts of ordinanoes, insofar as the same may be in conflict erewith, are hereby repealed. from ction 20: All licensee zi the city of Miami nowuin foroe in favor of any person, firm or corporation, for such business as is by this ordinance regulated, shallcaase to be in oroe from and after twenty five days., from the date of the passage of this ordinance. At aid time sudh license holder may have the unearned part of his license fee of the license ow in force 'refunded, or he may have the same applied upon the fee of a new license under "I his ordiranoe, provided a new license shall be issued to him hereunder. • ection 21:,If any seotion, sub -section, sentence, olause or phrase of this ordinance is fo ny reason held to be unconstitutional or invalid, such deoision shall not affect the emaining portion of this ordinance. The oity council hereby declares that it would have &seed this ordinance and each reotion, sub -section, a entenoe,•clause and phrase .hereof, rrcepectively.of the fact that any one or more of the sections, sub-seotions,.eentenoes, lauses or phrasee be declared unconstitutional or invalid. ection 22. This ordinance shall take effect and be in force twenty five daye from and fter its passage and approval by the mayor. aseedby the city oounoil of the oity of Miami,on this 15th day of February 1917. CasparAttest: PresidentHeftCity Council W B. Moore, City Clerk. ;Approved by me on this 20th day of February, 1917. j P.A *Henderson, ;Mayer of the city- oiy Miami, Florida, Moved by , seconded by C. F. Filer that ordinance No, 23. be adopted. On 'roll oall all voted yes. {. On motion duly made and carried, ooun011 Attest: ..h.'` ," x� •1. „ r �N.rduK' � "