HomeMy WebLinkAboutCC 1922-06-06 MinutesCOMMISSIO
MINUTES
OF MEETING HEIR ON
June 6, 1922
PREPARED BY THE OFFICE OFTM THE CITY CLERK
ci HALL
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The Clerk read the minutes of the teettigif
Mar 29th, whioh were approved and aoCepted
011 $700.000 MUNICIPAL XOPROVEMENT Walk
This being the meeting at wtioh sealed bid0 WOre to be t'ea
nioipal Improvement Bonds, on motion of J. E.
was resolved that the Clerk open and present .thebide to t:
-
roll call the vote was as follows; C. Di tOff1er,le01
Wilson, yes; J. H. Gilman, yee. Said bids were Opened by
to the Commission, and thereupon the,folloWing ratiolptiO4,
Lummus;
RESOLUTION NO. 388.
A RESOLUTION ACCEPTING TEE BID OF GEO. B. OBBON
COMPANY OF NEW YORE, N. Y. 'OR 811Thit MIEDULT
SAND DOLLARS MUNICIPAL 1011OVIDIENV -
VIDING FOR TEE RETURN TO OTHER RASP
TILE CHECKS RECEIVED WITH THEIR E126.
WHEREAS, this being the day for the reoeption Of bide far th n
Hundred Thousand Municipal Improvement Bonds for the purpose atate
said bond issue, and e
WHEREAS, the following sealed bids were reeetrod aorloipaaied b7 o1ieoio
of two per oent of the par value bid fox:
Marx & Co.. Birmingham, Ala. 4686, Oa *SO
A. T. Bell & Co., Toledo, Ohio, f(0,0T040
G. B. Sawyer & Co., Cincinnati, Ohio, 68,3i0.0O
Geo. B. Gibbon & Co., New York, N. Y., 710,00400
(O. W. MoNear & Co., Chicago. /11•.
(John Buvern & Co., Chicago, Ill.,
(Sidney Spitzer & Co. Toledo, Ohio,
(Provident Savings Bank
(& Trust Company Cincinnati, Ohio
The Robinson Humphrey Co., Atlanta, Ga.,
NOW, THEREPORE IT IS RESOLVED BY THE COMMISSION OP T
Section 1. That the bid of Geo. B. Gibbon & 00i, Ot New 'rot '
of $710,570.00 for said $700,000.00 issue of Munioipal psiDnfroeaext Bond-
be and it is hereby aooepted.
Section 2. That the Clerk be and is hereby directed to return to,
other respective biddere the oheoks received with their bids and to no-
tify them that Geo. B. Gibbon & Co. Of New York, N. Y. were the ago.
oeaeful bidders for said P00,000.00 Jesus, together with the list of 't
amounts bid and the names of bidders,
PASSED AND ADOPTED this 6th day of Jane, A. D. 1022.
C. D. UMW
ATTEST: H. S. Ras W.ZOR
CITY CLERK
Moved by J. E. Lummus and seoonded by J. /.
ed and adopted. On roll call the vote WAS 40401IC
Lummus, yee; J. I. Wileon, yes; J. H. Gilman1:1107.,_
resolution passed and adopted.
A resolution amending Resolution No. 210, adopted
by Resolution No. 218, adopted May 9, 1922, 00,
ment Bonds, was introduced by J. I. MUM, 4
R2401413TZ0N..
A RESOLUTION AMENDING_
MAY 2, 1922, AS HEREMOR
NO. 218, ADOPTED MAT 9
MUNICIPAL IMPROVEMENT
BB IT RESOLVED BY TEE COMM4S8IOLO
Section 1. That each oZ'3e0tj0flL„
12 and 13 of Resolutien No. 40 adot0
SOLUTION AUTHORIZING 3700,000
fore amended by Resolution No.
by further amended by strik
ted July 1, 1922", and ialsert
words "Dated June 1, 1922" in 0
bonds authorized by said �ovr�3, $eQtio!
Seotion 2. That Section IV' 4,
said Reeolution ne, be and the ,
ing thereto the worde "and that
said bonds shall state that 414
purchaser's choice on or about
Section 3. That this r sal :.,.. „ .:. a•..:.*:::t
and effect upon i e pee: age and 'a4opt , •.
PASSED AND ADOPTED thi8 6th der o
ATTEST: H. N. ROSS
CITY CLERK .
Moved by J. I. Wilson and seoonded br J. H. Gilman that the Said>.:Z
ed and adopted. On roll oall the vote was as follow : O. ,.,Z6 Le.
Lummus, yes; J. I. Wilson, yee; J. H. Gilman, yes. Motion ► ,
solution passed and adopted.
OPTION OF 1'A.X SALES QERTTPIQATNB N0.'3 N91 & $92M
A resolution authorizing the redemption of Tax Salo 0ertitt
was introduced by J. H. Gilman. The said reeo ,utian ae Jr a
lows:
RESOLUTION NO. 357
A RESOLUTION AUTHORIZING T48 REDEMPTION
OF TAX SALES CERTIBIGATEB NO.'8.291 & 29E.
WHEREAS, the Direotor of Finanoe reports that lots 5 and 6, Bik.
22, Dale Miller Tract, were sold for 1920 Taxes, and
WHEREAS, the owner submits Tax Reoeipt No. 4954 eVidenol.ng pay-
ment of taxes on this property, and upon.im+estigation the.D1reotor
of Finanoe reports that, this payment was applied on lots g and. 6, Bit.
21, Dale Miller Traot by the City Tax Colleotor• now, therefore
BE IT RESOLVED BY THE COMMISSION OF THE OITT OP MIAMI that the
Direotor of Finanoe be and is hereby authorized to redeem 1920 Tax
Sales Certifioates Nos. 291 and 292 out of the appropriation for Tax
Refunds.
PASSED AND ADOPTED this 6th day of June, A. D. 1922.
C. D. LEFFLER
ATTEST: H. E. ROSS MAYOR
CITY CLERK
Moved by J. H
and adopted.
mua, yes; J.
lution passed
. Gilman and seconded by J. E. Lummus that the said revolution be pas*ed
0n roll call the vote was as follows: C. D. Leffler, yes; J. E. Lum-
I. Wilson, yes; J. H. Gilman, yes. Motion carried and the said rOeo-
and adopted.
REFUND OF 1920 TAXES -LOTS 5 & 6. BLK. 22.
A resolution authorizing refund of 1920 taxes erroneously collected On iota 8.00 6.,
Block 22, Dale Miller Tract, was introduced by J. E. Lummus. The aaid re801uti0n woe -
read in full and is as follows:
RESOLUTION NO. 358.
A RESOLUTION AUTHORIZING REFUND OF 1920 TAXES
ERRONEOUSLY COLLECTED ON LOTS FIVE (5) AND SIX
(6), ELOCX TWENTY-TWO (22). DALE MILLER TRACT.
WHEREAS, the Direotor of Finanoe reports that Lots 5 and 6, Block
22, Dale Miller Tract, were assessed in 1920 for taxes in the sum of •
$7.65, and
WHEREAS, it appears from Reoeipt No. 4954 that taxes were errs*
neously collected on this property in the sum of *10.88;•now, there- -
fore,
BE IT RESOLVED BY THE COMMISSION OF THE CITY -OF MIAMI, that the Di-
rector of Finanoe be and is hereby authorized to refund to William Rut.
ledge $3.23 for 1920 taxes erroneously oolleoted.
PASSED AND ADOPTED this 6th day of June, A. D. 1922.
C. D. LEFFLER
ATTEST: H. E. ROSS MAYOR
CITY CLERK
Moved by J. E
and adopted.
mua, yes; J.
lution passed
. Lummus and seconded by J. I. Nilson that the said recto ut;l
0n roll oall the vote was as follows: O. D. Leffler, ye$.;,
H. Gilman, yes; J I. Nilson, yes. Motion carried A'
and adopted.
9APPROPRIATING $2547 FROM GENERAL FUND SURPLUS
TO PAY NYB.0D0
The following resolution appropriating the sum of $2547 from GSMz
the purpose of paying the Certifioates of Indebtedness held by the
matory Company, was introduced by J. I. Wilson:
RESOLUTION NO. 359.
A RESOLUTION APPROPRIATING THE SUM OF 54
FROM THE GENERAL FUND SURPLUS FOR T$ffi .
OF PAYING THE OERTIBICATES OF MUTE
HELD BY THE NYE ODORLESS CREMATORY OOMPL
EX ESSEOF THE BOND ISSUE AUTHORIZED FOR r,
WHEREAS, the Director of Finanoe reports that the`:
matory Company hold Certificates of Indebtedneee of thall
Florida, in the sum of #33,000.00, for the inetallatjon
00
±4=
in thie...007,
WORN* .bon
for the litotneratOr*.bu
delay in. OreetiOn:and-,00
RE.IT :4SOLVED T
sum of prod7'.00 1)0 and is hO*0- .
Surplus for the purpoee nf *Ant
sued in eXosee of the bonds author
PASSED AND ADOPT= this 60
ATTEST: H. S. ROSS
CITY OLBRK
Moved by J. I. Wilson and wended by J. H. G
ed and adopted. On roll call the vote was ae to
Wilson, yes; J. H. Gilman, yes; C. D. Leffler, 08.
resolution passed and adopted.
PROVIDING FOR PUBLIC ADVERTISEMENT & COMPETITION
000STROGT/Or
An Ordinance providing for publio advertisement and ootpetitiOn far oonatruot
more than One Thousand Dollars waa introduoad by J. H. Gilman, and on motion of
E. Lumarme, seoonded by J. 1. wi1son, it was resolved that the °barter retuirem�n
for readings of ordinanoee on two separate occasions be and the same le
peneed with by the following vote: O. D. Leffler, yes; J. S. IMMMOO, Ye
Wilson, yes; J. E. Gilman, yes. Motion oarried. On motion of j. H. OIL ,
oonded by J. 1. Wilson the said ordinance was given its first reading and 1'044
title only. Moved by J. H. Gilman and seoonded by 4. I. WilSon that the egad 0
name be passed on its first reading as read. On roll call the vote waa ea te
C. D. Leffler, yes; J. B. Lummus, yes; J. /. Wilson,yes; J. R. Gilman, Yee.
tion carried and the said ordinance passed on its first reading. On motion of J.
E. Gilman, seconded by J. I. Wilson, the said ordinance was given ite agoond and
final reading and read in full. Moved by J. E. Gilman and seoonded by J. /. Wiloon,
that the said ordinanoe be passed and adopted on ite seoend and final 2114
full. On roll call the vote was as follows: C.D. Leffler, yes; S. ,4
J. I. Wilson, yes; J. H. Gilman, yes. Motion carried and egid, ordinanoe g3
and adopted.
LEAVE OF ABSEBOB GRANTED
Mr. J. H. Gilman announoed that
sines and would not be present
J. E. Lummue, seconded by J. I.
and is hereby granted to Mr. J.
the vote was as follows: 0. D.
yes; J. H. Gilman, yes. Motion
PROUST PROM HIGHLAND PARK RESIDENTS
Communication from Residents of
being used in that vicinity was
investigation and aotion.
REPORT OF OITY MANAGER
TO J. 11.
he would be *ailed out of the City on
for the next three or four meetings.
Wilson, it waa resolved that leave of
H. Gilman for the next four meetings
Leffler! yell; J. S. Lummus, yes; J.
carried.
teportent-'
OA motion ot
abs0o00 1)0
on roll oau
x. Wilson* .
.:tbisillUOTO
Highland Park in regard to OdiOnite hottee-thekl*
received and referred to the City Manager for
ON FLORID& LUGO'S .0# moioxparrus
City Manager P. H.Wharton submitted to the Commissions moeting
the Florida League of Munioipalities. On motion of J. B. Xingao00**300
1. Wilson the communication was received and the olort order040t00
report upon the minutes. The report of the Oity Manager liv0Att to
To the City Commission,
City of Miami, Florida.
Gentlemen:-
, , I
Miami,Plori,
beg to hand you, herewith, a abort report
of the Florida League of Munioipalities, held in,J0s,
day, June let.
The morning session opened at 10 I. M4 10i,
towns and oities represented, and the number of_e
fifty.
The matter of mare uniformity in OttY.,
ed by the City Attorneys of Tampa, Jacksonville and
tee was appointed, on that subject, to bring
at the next meeting.
The other question disouseed quite0x%efla
the per capita oost of City Government* 440,0:
Secretary of the Association the per aapttaan
their city. This information, when °emptied,
one who wante the information.
The next meeting, Whioh is an a43oti'nod.me
in Orlando the first Thursday in September. A-gQo Borth and middle Florida have not yet jotn 4T
thought best to hold this adjourned meeting-*
order to get these other towns'to send deIS
League.
The Oity Offioials in Jaokeonvil/ •
ly for the entertainment of the dole/4000*
by the Chamber of Commerce, after Whioh,
the waterfront, showing the Munioipal
ties on the St. John's River.
z
On rt iday Mr.: Xi% and
purpose of looking oval eonte of ?' htl►.;
We Were extended every oourteey t .:
was spent pleaeen►tly and, I think, 'refit
We returned home about noon 8a.
feepeGt
P•
OPINION 0P O. B. MASBUOH « Py Or :al
City Attorney, A. J. Roes, submitted to the Oopieeion
elioh, and on motion of J. B. Luminue, seconded .tir 3.
0. D. Made►1ioh, under date of May 31, 1922, addressed to ' e`_'0
ference to the use of .25,000 Park Bonds for the pnrpeee af,eo1i
Outside the Oity Limits, was reoeived and ordered Spread upon'
with telegram attached thereto. The said oommunioation and tel:
OHESTER B. MA$8LI0'R
Hon. A. J. Rose,
0ity Attorney, Re: $2b.000 PARK BONDS being part
Miami, Florida. of 700,000 Municipal Zgiprove"'
men Issue of the Oit ,r a Manzi
My dear Judge Rose: Ploxids.
Your telegram, reoeived this morn reads:
"OITY HAS OPPBR ONE HUNDRED I HTY A ON LAND JUST
OUTSIDE CITY LIMITS FOR PARK PURPOSES PROVIDED 011Y
WILL INCLUDE OONSTRUOTION 0P GOLP' COURSN IN I.or,
PARK CITY DAMS TO A00BPT 02FBR AND USB TH3 TUNTY
FIVE THOUSAND VOTED POR PARKS IN OONBTRUOTION ar
THE GOLP COURSB OAN IT LEGALLY USE THE BOBBY POR
THAT PURPOSE THE CITY I8 0PPSRSD THE LAND FREE OP
CHARGE ONLY CONDITION BEING THAT T w LAND WILL BSI -
BRACE A GOLP COURSE TO BB CONSTRUCTED BY TH8 CITY
PLEASE GIVE MB YOUR OPINION BY WIRE".
In oonsidering the question you ask me, I have examined the char-
ter of the City of Miami and mention the following sections and sub-
seotions as being perhaps pertinent:
Section 23 olassifies, in the Department of Public Welfare, "the
use of all reoreational facilities of the city, including parks and
playgrounds other than sohool playgrounds".
Section 3 (f) empowers the oity, for any of the purposes of the
oity, to aoquire by purohase gift device, condemnationor otherwise
real or personal property either within or without the oity. The
city is authorized to improve such property
Section 3 u authorizes the city to provide recreative institu-
tions either within or without the city.
Seotion 3 (w) ie the general health clause.
Section 3 (z) is the general welfare clause.
Prom my examination of the charter, as well as my examination of
the proceedings in voting the $25,000 Park Bonds, I am of the opinion
that for two reasons at least the oity is without power to apply the
proceeds of said bonds to the oonstruotion of a golf course upon land
outside the pity which the oity shall receive for park purposes.
In the first plaoe, the electors voted these bonds for the oon.,
struotion of and equipment for "park". A park may at times include
playgrounds, but if it had been intended that the prooeeds of these
bonds should be applied to a golf course or any other playground, ..,it
seems probable that the election proposition would have so stated, just
as the oharter in Section 23 recites both "parks and playgrounde",
I am further of the opinion that ariy right to buy or equip ,sitlier
a park or a playground outside the oity limits is a right whiob,°muat
be expressly conferred by law, and I am unable to deolde that the
Miami oharter gives that express power. Questions have arisen,..
other states as to the power of a oity without expre_es statute;
izing it, to contract for a water supply or for a sewer Outlet
yond the city limits. I believe that in a majority, parhape,
of these oases, the power has been sustained as neoesee`i,:
from the very nature of the case. Most statutes z«elievs.c:;`, .:
doubt on that subject, however, by expressly providing tit
of a water and sewer plant may be installed beyond oity
same reasons could notto anymunicipal er�tak
reasoning apply pa
value is largely based upon the location of the improvement,
ample, it would probably require express authority of law t0.
oity hall beyond the oity limits. For like reason, a of r, ,
playground can ordinarily be to the general advantage of
tants only if it be looated in an acoessible place Wit ;tbe: ► p' '
Besides the question of the power of the oity aomaaiaai.��,:;t�;.
a park beyond its limits is a question that would in~
sideration
It is true that Seotion 3 (u) authorisesrecreative
:
either within or without the city. But the words '►ieo,�,
tutiona are not words that are ordinarily applied eS.
playgrounds, and from the 4 bot'�3,>i:
p context those walls t� x1t►. ;. ,`��'''?" F�����
that interpretation here. These institutions tibia
authorizes are "charitable reoreative ouratie 9Oz
tive, or penal institutions". I can find nothing in o wo a K+
ggesting a park, or an ordinary aa7grout* - mu*
eirstion 3
in or without
be 01.0imed, Wit
undertaking.
Let ueimagine that th
funds for a park so distant'fiiiiih
automobiles would ever find UV*
taxpayer sought to enjoin rush a rd r atii
Deed but it would not be upon
oeseible to the inhabitants. A' dourt Wo
proper judioial funotion, in my oD ,ni0n4,;
usurp the funotion of the oity oommieeiozL
so located would be to the advantage of.;th
would have to find some other stamina for g
I believe the court would hold that an'app
park was ultra 'tree under the oharter
As requested, I have telegraphed you
and enoloee oonfirmation herewith..
Tcure..ve tares;;
(8ignealO: 3. t B. UL
(TELEGRAM)
Honorable A. J. Rose,
Miami. Florida.
AM OP OPINION THAT BONDS VOTED FOR PARK OANNOT BE LPP, IRD TO
GROUNDS THESR PURPOSES BEING DISTINCT UNDER EMOTION T I$ TT TH
MIAMI CHARTER AL80 THAT APPROPRIATION FOR BITER PARS OR PLAY-
GROUNDS OUTSIDE LIMITS REQUIRES EXPRESS AUTHORITY V OH AUTHORITY
I DO NOT FIND IN ORARTER RAVE EXAUINBD SBIOTION THUS 8UB SECTIONS
F U W AND 2 WRITING
0 B Mieslioh
AGREEMENT FOR PAYMENT OF PRINCIPAL AND INTEREST -BONDS U.+
The following communication from the United States Mortgage & Trust '*om
date of June 1, 1922, addressed to 0ity Attorney A. J. ROOS, wile, on motion o
I. Nilson, seoonded by J. H. Gilman, ordered received and spread Ripon the mi*t
New York, June 1, 1922.
Mr. A. J. Rose,
oity Attorney,
Miami. Fla.
Dear Sir: -
Your favor of May 2Sth has been duly received and
we thank you for aooepting our bid of 1969.00 for printing
from type on our steel -engraved bond and ooupon,tints and
certifying to the genuineness of signatures and seal'of 700-
$1000 coupon Munioipal Improvement Bonds of your City. dated
June 1, 1922 plus oost of oiraular, namely $27.60 for a three*
page oiroular or $30.00 for four -pages.
As Mr. H. E. Rosa is still Oity Clerk we will ar-
range to have his signature lithographed on the 0oupon0 0.f.:
the above bonds.
We have carefully noted yOur redid! i e
our oharge for eating as tiaoal Agent and,*
ation and in view of the business you give; ua t -o
with the preparation and certification 1410444 :e
City we have deoided to oomply *with your regueet
charge for the payment of prinoipal and tote oetr.v
000. Bonds in question providing New York fund i
ed us 10 days prior to the payment datee. If fu de &ce o
deposited in that time we will make + ,ohnrge
the payment of interest and 1/20 of 1 for the
principal
The charge whioh we are now
of prinoipal and interest of bond issues
remain the same but we will handle future " a
your City on the same basis as the issue in 'qr
.no charge providing funds are furniehed T4v
change 10 days prior to the hate payment
m
Trusting the foregoing will meet wj our pro— 4' ;
val and awaiting your advioes, we area
Very truly .y
(8igned)T.W.D.
Leaf. ,Beare ';v i.t 1V f47
ADJOURN
At 10:16 a. m., there being no further bueine80
motion duly made and seconded, the meeting was
ATTEST:
CITY OF MIAMI
DOCUMENT
MEETING OATS:
INDEX June 6, 1922
ITEM NOli DOCUMENT IDENTIFICATION
1
2
3
4
5
ACCEPT BID OF GEO B. GIBBONS E. COMPANY FOR
$700,000.00 MUNICIPAL IMPROVEMENT BONDS
AMENDING RESOLUTION NO. 210 CONCERNING $700,000.00
BONDS
AUTHORIZING REDEMPTION OF TAX SALES CERTIFICATES NO.
291 AND 292
AUTHORIZING REFUND OF 1920 TAXES ERRONEOUSLY ASSESSED
AND COLLECTED ON LOTS 5 AND 6, BLOCK 22, DALE
MILLER TRACT
APPROPRIATING $2,547.00 FROM GENERAL FUND SURPLUS TO
MAKE UP CERTIFICATE OF INDEBTEDNESS ISSUED TO NYE
ODORLESS CREMATORY CO.
C0141I SS I ON 4F
ACT I ON
R-355
R-356
R-357
R-358
R-359
RETRIEVAL
CODE NO.
00355
00356
00357
00358
00359