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Home My WebLink AboutCC 1922-07-28 MinutesC I F • • COMMISSION MINUTES OF MEETING HELD ON July 28, 1922 PREPARED DV THE OFFICE gfT;r1ILFITY CLERK INEMIntmmaiggammosilio immuimmgdoneinannortsmiumeupcs MINUTES OF THE L' ETIi G OF THE BARD OF COMMISSIONERS OF T On the 28th day of July, A. D. 1922, the Commission of the Hall in Miami, Florida, in pursuance of an adjournment on ed to order by Chairman Leffler at nine o'clock a. m., and bers were present: July 28th, 19220' HE CITY OF MIAMI, FLORIDA. City of Miami met at the City July 25th. The meeting was Call- on roll call the following mem- C. D. Leffler, J. E. Lummus, J. I. Wilson, E. C. Romfh. ABSENT: J. H. Gilman who was out of the City. READING OF MINUTES OF JULY 25TH The Clerk read the Minutes of the Meeting of July 25th which were approved and accepted as written. REQUIRING STATELENT FROM CITY MANAGER UNDER SECTION 57 OF CITY CHARTER The following resolution requiring the City Manager to submit statement under Section 57 of the City Charter, was introduced by J. E. Lummus: 3E20LUTILL NO. 471. A iU 30LUTIOi: i.U1IAGi;_i TO SUBMIT STA`2E1.1E11T UIIDE^ aEC`TILi: 57 OF CITY CHARTER. BE IT RESOLVED BY 'THE OO:.;IIISSILh OF THE CITY OF MIAI.MI, that the City Manager is requested to submit to the Commission ion a statement of the total amount of all uncollected taxes levied by the last preceding annual tax levy, as v.ell as the total amount of all revenue bonds, notes, warrants and other city obligations of a temporary nature now outstanding, all as re- quired by :section 57 of the City Charter. :roved by J. E. Lum:rus and see-rdod by J. I. Wilson that the said resolution be passed and adopted. On roll gall the vote was as follows: C. Leffler, yes; J. E. Lummus, yes; J. I. ':;ikon, .-,-es; E. j. i(omfh, :yes. Motion carried and the said resolution passed and adopted. The City Lana per submitted to the Commission. corvmunication addressed to him by the Di- rector of Finance, dated Jul;- 28th, iL reference to bonds provided for by Section 57 of the City Jharter, and on motion of J. I. .;ilsor:, seconded by E. J. ;omfh, the letter was ordered ::Tread uror: the records: r. P. H. Wharton, City .':anger, Building. Dear Sir: Miami, Fla., July 28, 1922. I submit herewith statement vth ich I have pre- pared for you to submit to the City Commission, showing the maximum limit of revenue bonds which may be author- 12ed at this time. rary call You will notice that obli7ation:- in the surn of ur attention to the srce in the 'General Fund, at this time, of which is more than sufficient to liquidate ties shown. Respectfully submitted, Director of Finance. I show outctandini:: tempo- 23,474.25, and wish to fact that there is a cash bal- $3f9. 727 .00, the liabili- w The City ::ana:rer, in fursuanee of the Resolution adopted by the Commission at this meet- ing cabin7 upon him to submit statement as required by Section 57 of the City Charter, submitted the follo7r5 r_- statement: To the Cit; Oor:niss ion: Miami, Fla., July 28, 1922. Pursuant to your direction that I submit to the City Com- mission_ the statement required by .section 57, City Charter, to be :.ade prior to the i;:suance of revenue bonds, I submit the following: 1. Amount of uncollected taxes levied July 13th, 1922, computed upon an assessed val- uation of 404,967,724.00 617z mills 41,136,935.17 Outstanding temporary obliga- tions: Revenue Bonds / lh -o- Warrants -o- Notes 16,635.00 Certificates of indebtednessr' -o- Other temporary obligations6,839.25 Total amount of all revenue bonds, notes warrants and other city obligations of a temporary .nature now ouatanding 023,474.25 .t4 .14 )+ih*;`rt'a,rt tt ir'1seat( t3 July 28th, 1922. 3. Temporary obligations authorized but unissued: Revenue Bonds Warrants Notes Certificates of indebtedness Accounts Payable Other temporary obligations Total amount of all authorized butunissued revenue bonds, notes warrants and other temporary obligations -o- 4. Total of items and 3023.474.25 5. Excess of uncollected taxes (item 1) over temporary obligations (item 4) $1,113,460.92 6. One-half of said excess 0 556,730.46 7. Subtract amount of temporary obligations (item 4) 23,474.25 8. Maximum limit of revenue bonds which may be authorized 0 633,256.21 Respectfully submitted, P. H. W ARTON City Manager Thereupon an ordinance authorizing Revenue Bonds under Section 57 of the City Charter was introduced b;r J. I. Wilson, and on motion of J. E. Lurnmus, seconded by E. C. Romfh, it v.as resolved that the Carter requirement for readings of ordinances on two separa- te occasions be and the same is hereby dispensed with by the following vote: C. D. Leffler, yes; J. E. Lumrrnis, ;;yes; J. I. Wilson, yes; E. C. Romfh, yes. Moved by J. I. Wilson and seconded by E. j. _,omfh thet the said ordinance be riven its first read- ing and read by title only. Motion carried and the said ordinance riven its first read- ing be title only. Moved by J. I. Wilson at_d seconded by E. 3. 1omfh that the said or- dinance be passed on its first reading. (:l roll call the vote was a;, foll.oc::s: C. D. Leffler, yes;y J. 3. Lu:.uiu , gyres ; J. I. Wilson,, ;:es E. J. Romfh, yes. Lotion car- ried and thesaid ordinance passed on its first reading.0n motion of J. I. Wilson, Seconded by E. ,. Romfh, the said ordinance was given its second and final reading and read in full. _roved by J. I. 'Jil _on and seconded by E. 3. :;o:.:fh that the said ordi- nance be passed and adopted on its second and final reading in full. On roll call the vote was as follow:: 3. i. Leffler, yes; J. Lummus, Tee; J. I. ' u } ;;ikon, "es; E. C. Romfh ,:es. Motion carried and the said ordinance passed and adopted on its second and final reading ir. full. In ae ordance with Resolution No. 1 5, passed and adopted 13ebruary 2e, 1922, the said ordinance is numbered 1.,3 and is shown in Ordinance Boot: 1 at page 105. SA-.E Cg' BONDS r;500, 000 REVENUE BONDS The Jity ;.anal-er submitted to the Commission communication addressed to him from the Director of _'ins nce, and on motion of J. E. Lumrnus, seconded by 3. 3. Romfh, the said communication was received and filed a:0 ordered spread upon the Minutes. Mr. i' . h. Wharton, City Manager, City of Miami, Florida. Dear Sir: Miami, Florida, July 28th, 1922. I have received the following bids on the tontomplated ;F00, 000 Revenue 3 r_ds : Curtis I Sanger 99i for 4N bonds, which is a basis of approximately 5.30, 1'. Lee Anstey 99i for 5% bonds, which is a basis of approximately 5.62*, plus accrued interest in both cases. The bid of Curtis (.: Sanger is considerably better than the bid of Mr. Anstey. I would recommend the acceptance of the bid of Curtis E. Sanger of 99, for 4?:o bonds. Respectfully, W. A. McELHEPP Director of Finance. TLe fore:7oing communication having been received and filed and spread upon the Minutes, thereupon the follov'ir<; resolution vas introduced by E. C. Romfh: RE2OLUTIOIT NO. 472. A 1i1;..;CLU2IOr 3i;LLII:G REVENUE BONDS. BE IT RESOLVED BY TEE COI..:ISSION 01' THE CITY OF LIIAMI, that the bid of Curtis ( Saeger, of 4'_ Wall Street, New Yorl: City, offering to pay 096, 2E0.00 and accrued interest, for ti;500,000.00 Revenue Bonds of the City of Miami (kited Au rust 1, 1022, be and is hereby found to be the best and high- est bid submitted and to be the best bid which can be obtained for said bonds, aed the same are hereby awarded to said Curtis J; Sanger, at the said price and upon the terns and conditions of said bid which is as follows: 7u1y 28th, 1022 7 ■ Mr. W. A. Kohlhepp, Director of Finance, City of Miami, Fla. Sir: For w500, 000 Mfig Revenue Bonds of the City of Miami, Florida, described as follows: 0300,000 to be issued in denominations of 010,000 each, 0200,000 to be issued in denominations of 05,000 each, both bearin-; semi-annual interest coupons, princi- pal and interest payable in ,•told in Kew York City. Bonds to be prepared under the supervision of the First 'Trust Savings Dank, Miami, Florida, and the legality to be ap- proved by Chester 3. Lacslich, Esquire, Lev York City; we will pay A96,2F0 and accrued interest to date of deli- very. Will accept delivery in hew York City as soon as bonds can be prepared. Yours very truly, CU TIS & 3AIiGJ BE IT FURTI?E_; i2SOLVED that said bonds when executed as heretofore provided ■ by ordinance shall be delivered to said Curtis & Sanger, or assigns, upon payment of said purchase price. PASSEL aLD ADOPTED this 20th day of July, A. L. 1922. Moved by C. 3omfh and seconded by J. E. Ltunmus that the said resolution be passed and adopted. On roll call the vote was as follows: C. D. Leffler, yes; J. E. Lum- mus, yes: J. I. Wilson, yes; a. C. ;omfh, ,;es. Motion carried and the said resolu- tion passed ..rc1 acor:ted. CLAIM l.2 S. 1= . 1223S & C O . ORD22ED PAID The City Attorney presented communication in reference to claim of .3. E. I:ress & Co., and on motion of J. E. Lurunus, seconded by J. I. 'Wilson, the said communication was received and ordered srread uron the Minutes: The City Commission, Miami, Florida. In re: Clair.: of S. E. Kress & Co. Gentlemen: This bill a;painst the City which has hereto- fore been rednored and about vhich I have written you before, amounts to ti;13Gfl.38. The items making up this bill are a:: follows: Miami, Florida, July 37th, 1922. 2 fines paid the 2ity of Miami by J. E. Kress E: Co, for ,.orkmen employed by them and arrested by the City 4200.00 Court costs paid in the lower court and Supreme court 118.25 Amount paid by S.I:.::ress Co., for fees and for expenses of attorney to and from Tallahassee 678.63 To costs of installing; temporary sidewalk lift and additional cost in the con- struction of the sidewalk caused by the interference of the City 268.50 TOTAL 01,365.38 You will recall that the City stopped S. F. Kress E Company in the oration of their sidewalk lift in front of their property on Planer Street by causing the arrest of their workmen and thereupon an injunction was app: ieC for in the lower court and the injunction was de- nied. At the .r_::ie time the City applied for an injunction to prevent I_recs E: Compan;; fro:: col:structinr the sidewalk lift and this injunction was :ranted by the logger court. The case was then_ taken to the supreme court by 3. E. __ress 3onrnan7 :d the our,reme court reversed the lower court, holding that S. h. Kress & Company had the right to coastruct the sidewalk: lift and the foregoin7 items make up the costs and enp nses, including the fines paid by j. 1:. areas om:many I have had :: _al conferences v:ith L. R. Railey, Esq., who is and has been the attorney for S. E. ::ress & Co:..rany in this matter and as a result of these conferen- ces he has finally a3reed to accept in compromise of their claim, the Our:i of yr75G.0C in cash. I have considered the matter carefully and re- commend that the City ac:;ept this offer and authorise the Director of Finance by proper resolution to pay this stun of money to .. E. Isess E. Company. Yours very truly, A. J. ROSE City Attorney. Thereupon the following resolution was introduced by J. E. Lummue: �aF 1 ft 1 w E PESOLUTION NO. 473. A RESOLUTION AUTHORIZING THE PAYMENT 01? 4750 TO L. R. BAILEY, ATTORNEY r'OR S. H. KRESS & COItPANY IN FULL SETTLEMENT OF THE BILL OF 41365.38 AND IJM ING APPROPRIATION FOR THE PURPOSE OF PAYING SAID BILL. r BE IT RESOLVED BY THE COLU.iIS3ION OP THE CITY OPMIAEI, that the Di — rector of Finance be and he is hereby authorized and directed to pay to m L. 2. Railey, Attorney for 3. N. ''less E. Company, the sum of 4750 cash 1 in full settlement of the bill of 41365.38. 0 BE IT FURTEER RESOLVED that the sum of 4750 be and is Hereby appro- r pr iated from the GENERAL FLL,D SURPLUS for the purpose of paying the bill 1 of 0. 1.. I:recs Company. Moved by J. I. Wilson and seconded oy E. C. Romfh that the said resolution be passed and adopted. On roll call the vote ryas as follows: C. D. Leffler, yes; J. E. Lummus, yes; M J. I. Wilson, yes; E. C. tiomfh, yes. :.lotion carried and the said resolution passed and i adopted. ADJOURI+0. ;NT I 1 E 1 10 : 2 5 A. ICI. At 10.25 a. :2•, there being no further business to come before the Board, on motion of J. I. Wilson, by E. C. Romfh, the meeting was adjourned. Motion carried. ATTEST: CITY CLERK: • CITY OF MIAMI DOCUMENT MEETING DATE: INDEX July 28, 1922 ITEM NO 1 2 3 DOCUMENT IDENTIFICATION REQUIRING CITY MANAGER TO SUBMIT STATEMENT UNDER SECTION 57 OF CITY CHARTER SELLING REVENUE BONDS AUTHORIZING PAYMENT OF $750.00 TO L. R. RAILEY, ATTORNEY FOR S. H. KRESS & COMPANY COMMISSION ACTION RETRIEVAL CODE NO. R-471 00471 R-472 00472 R-473 00473