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HomeMy WebLinkAboutCC 1922-08-29 MinutesCOMMISSION MINUTES OF METING HELD ON August 29, 1922 PREPARED BY THE OFFICE gripLEVY CLERK August 09th. 1922 39 11 ss • j a MINUTES OF THE MEETING OF THE BOARD OF COMMISSIONERS OF THE CITY OF MIAMI, FLORIDA. On the 29th day of August, A. D. 1922, the Commission of the City of Miami met At the City Hall in Miami, Florida, in regular session. The meeting was called to order at 9 o'clock a. m., by Chairman Leffler and or roll oall the following members were present: C. D. Leffler, J. E. Lummue, J. I. Wilson, J. H. Gilman. ABSENT: E. C. Romfh, who was out of the City. READING OP THE MINUTES OF MEETING OF AUGUST 22ND The Clerk read the Minutes of the meeting of .August 22nd which were approved and aooept- ed as written. EXCUSING ABSENCE OF E. C. ROMFH FROM NEXT 3 REGULAR MEETINGS It being necessary for Mr. E. C. Romfh to leave the City on important business, on mo- tion of J. E.Lummus, seoonded by J. I. Wilson, it was resolved that leave of absence be and is hereby granted to Commissioner E. C. Romfh for the next three regular meetings of the City Commission. 0n roll call the vote thereon was as follows: 0. D. Leffler, yes; J. E. Lummus, yes; J. I. Wilson, yes; J. H. Gilman, yea. REQUEST FOR BLANKET LICENSE FOR AMUSEMENT PARKS BY A. J. CLEARY Mr. A. J. Cleary appeared before the Commission and requested that they consider the passage of an ordinanoe providing for blanket lioense for amusement parka. After some discussion the matter was referred to the City Manager for investigation and report back to the Commission just what might be needed in this oonneotion. ACCEPTING DEDICATION OF STREETS "SHAW'S RE -SUBDIVISION" An ordinance accepting the dedication of the streets in the aubdivision known as "Shaw's Re -Subdivision" was taken up for its second and final reading in full, having been pass- ed on its first reading August 22nd, and on motion of J. E. Lummus, seconded by J. I. Vilson, was given its second and final reading and read in full. Moved by J. E. Lummus and seoonded by J. I. Wilson that the said ordinance be passed and adopted on its se- cond and final reading. 0n roll call the vote was as follows: C. D. Leffler, yes; J. E. Lummue, yea; J. I. Wilson, yes; J. H. Gilman, yes. Motion carried and the Maid or- dinance passed and adopted on its second and final reading in full. In accordance with Resolution No. 155, passed and adopted February 28th, 1922, the said ordinance is number- ed 133 and is shown in Ordinance Book 1 at page 108. AUTHORIZING CONSTRUCTION OF STORAGE TANKS BY TEXAS CO. AND FILING OF PROTESTS AGAINST The 0rdinanoe authorizing and permitting the Texas Company to construct upon Lot 5 of the Amended Plat of Shaw's Re -Subdivision not exoeeding 100,000 gallons gross capacity storage tanks came up for its second reading, and thereupon protests were presented to the Commission by various property owners against the final passage of the said Ordi- nance. Upon motion of J. I. Wilson, seconded by J. H. Gilman, the said protests were received and filed. Thereupon the said ordinance came before the Commission for its second and final reading and upon motion of J. I. Wilson, seoonded by J. H. Gilman, the said ordinance was given its second and final reading and read in full. Moved by J. I. Wilson and seconded by J.H. Gilman that the said ordinance be passed and adopted on its second and final reading in full. 0n roll call the vote was as follows: C. D Lef- fler, yes; J. E. Lummue, yes; J. I. Wilson, yes; J. H. Gilman, yes. Motion oarried and the said ordinance passed and adopted on its second and final reading. In accordance with Resolution No.- 155, passed and adopted February 28th, the said ordinance ie numbered 134 and is shown in Ordinance Book 1 at page 109. AUTHORIZING CONSTRUCTION OF SPUR TRACK BY SHAW CO. ACROSS N. E. 24TH. 25TH AND 26TH STREETS The Ordinance granting the Shaw Company a permit to oonstruot and maintain a spur or side track across N. E. 25th, 24th and 26th Streets, was taken up for its eeoond read- ing and on ;notion of J. I. Wilson, seoonded by J. E. Lummus, the said ordinance was given its second and final reading and read in fu11. Moved by J. I. Wilson and seoond- ed by J. H. Gilman that the said ordinance be passed and adopted on its second and final reading in full. 0n roll call the vote was ae follows: C. D. Leffler, yes; J. E. Lum- mus, yes; J. I. Wilaon,yes; J. H. Gilman, yes. Motion carried and the said ordinanoe passed and adopted on its second and final reading in full. In a000rdanoe with Resolu- tion No. 155, passed and adopted February 28th, the said ordinanoe is numbered 135 and is shown in Ordinance Book 1 at page 109. ACCEPTING DEDICATION OF STREETS II SUBDIVISION KNOWN AS AMENDED PLAT OF DALE MILLER TRACT The Ordinance accepting the dedication of the streets in the subdivision known as Dale Miller Tract was taken up for its second and final reading, having been passed on its first reading August 22nd, and on motion of J. H. Gilman, seconded by J. E. Lummue, was given its second and final reading and read in full. Moved by J. H. Gilman and seconded by J. E. Lummus that the said ordinance be passed and adopted on its second and final reading in full. 0n roll call the vote was as follows: C. D. Leffler, yes; J. E. Lummus, yes; J. I. Wilson, yes; J. H. Gilman, yea. Motion carried and the said ordinance passed and adopted on its second and final reading in full. In a000rdanoe with Resolution No. 155, passed and adopted February 28th, the said ordinance is num- bered 136 and is shown in Ordinance Book 1 at page 109. CLOSING ALLEY IN BLOCK 21, JOHNSON & W'ADDELL'S ADD. PERMIT TO CONSTRUCT SPUR TRACK -DRAKE 00. The Ordinance closing the alley in Block 21 of Johnson & Waddell's Addition and grant- ing permission to Drake Lumber Company to oonstruot a spur trsok across Ingram Street in said Addition, passed on its first reading August 22nd, was taken up at this meet- ing for its second and final reading in full. 0n motion of J. I. Wilson, seoonded by J. H. Gilman, the said ordinance was given its seoond and final reading and read in full. Moved by J. I. Wilson and seconded by J. H. Gilman that the said ordinanoe be passed and adopted. 0n roll call the vote was as follows: C. D. Leffler,yea; J. E. Lummus, yes; J. I. Wilson, yes; J. H. Gilman, yes. Motion carried and the said ordinance passed and adopted on its second and final reading. In accordance with Resolution No. 155, passed and adopted August 22nd, the said Ordinance ie numbered 137 and shown in 0rdinanoe Book 1 at Page 110. r ii�a `.,;..er e �5':i6 A ir•:i... `. "":�r"r. ANfigg.29th. 1922. PROPOSED ORDINANCE TO PREVENT REMOVAL OF FURNITURE EXOEPT UNDER. REGISTRATION Oommunioation from 8. Erneet Philpitt and others requesting the Oity Oommission to pass an Ordinanoe to regulate the transportation of household goods and ohattels within the limits of the City of Miami and providing a penalty for violation of such ordinance was reoeived and on motion of J. I. Wilson, eeoonded by J. H. Gilman, the said ordinance attaohed to the communication was referred to the City Attorney with directions to report thereon at the next regular meeting of the City Commission. AUTHORIZING PURCHASE OF FIXTURES AND FURNITURE NEW OITY HOSPITAL BUILDING Communication from the City Manager under date of August 29th, 1922, in referenoe to the bids for the furnishing of the new building at the Oity Hospital, was, on motion of J. E. Lummus, seconded by J. I. Wilson, received and filed and the City Manager authorized to make the purchases at the prices set forth in the oommunioation. AUTHORIZING PURCHASE OF SEVEN MOTOR TRUCKS FOR GARBAGE SERVIOE Communication of the City Manager of August 29, 1922, in reference to the purohase of 7 motor truck% to which was attached report of the Director of Public Service and Welfare, to the City Manager, was reoeived and ordered filed, and on motion of J. H. Gilman, se- conded by J. E. Lummus, it was resolved that the City Manager be and he is hereby author- ized to enter into contract for the purchase of such trucks as in his judgment and dis- cretion will best serve the needs of the City, taking into consideration the question of the cost of upkeep, the convenience of aervioe and such other economic oonaiderations as may appear to be to the beet advantage of the City. 0n roll call the vote was as follows: C. D. Leffler, yes; J. E. Lummus, yea; J. I. Wilaon,yee; J. H. Gilman, yes. ADJOURNMENT UNTIL 4 O'CLOCK P. M. At 10:56 a. m., on motion of J. I. Wilson, seconded by J. E. Lummus, the meeting was ad- journed until 4 o'clock p. m. MINUTES OF ADJOURNED SESSION Pursuant to the adjournment at 10:55 a. m., this date, the Oommiesion met at 4 O'clock p. ip. The meeting was called to order by Chairman Leffler and on roll oall the follow- ing members were present: C. D. Leffler, J. E. Lummus, J. I. Wilson, J. H. Gilman. ABSENT: E. C. Romfh, who was out of the City. AUTHORIZING SUPPLEMENTAL AGREEMENT BETWEEN CITY OF MIAMI AND MIAMI BELCH ELECTRIC 00. An agreement between the City of Miami and the Miami Beaoh Electric Company supplemental to the agreement entered into January 3, 1922, came up for consideration at this adjourned session. After some discussion between the members of the Commission and Mr. F. R. Rum - page, Vice President of the Miami Beach Electric Company, a supplemental agreement be- tween the two parties was reached, and is as follows: SUPPLEMENTAL AGRPIRMANT THIS SUPPLEMENTAL AGREEMENT made by and between the City of Miami, a municipal corporation of the State of Florida, herein- after called the party of the first part, which term shall in- olude their suooessors and assigns wherever the context so re- quires or admits, and the Miami Beach Electric Company, a oorpora- tion of the State of Florida hereinafter called the party of the second part, which term shall include their successors and assigns wherever the context so requires or admits, WITNESSETH: That whereas the contract hereto annexed and of which this is a supplement was to have been signed January 3, 1922, but has never heretofore been formally executed between the parties and the party of the second part, having operated the street railway trackage described in said contract at a loss amount- ing to approximately Thirty-four hundred ($3400.00) dollars, and the party of the first part desires the party of the second part to continue to operate said municipal street railway. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES It is agreed that paragraph 2 of page 4 of the said contract of January 3, 1922 of which this is a supplement be amended by -both parties hereto and that said paragraph 2 of page 4 shall read as follows: "That it will establish and maintain a five vent fare from any point along said line to any other point along said line withih the present City limits", and that in all other respects the said contract of January 3, 1922 shall continue in full force and effect, except as herein- after provided, that is to say: The Commission of the City of Miami being satisfied that the operation of said municipal rail- way by the party of the second part has been a financial lose to the party of the second part due to conditions over whioh it had and has no control, said loss to data aggregating approxi- mately Thirty-four hundred($3400.00) dollars including rentals and monies paid in settlement of accident claims, and has oontin- gent liabilities for aooidents claimed, the amount of whioh oan- not be determined except by the courts, and the City of Miami not having at this time the proper power and equipment to itself operate, supervise and maintain said municipal street railway oompany, and it being impractical for the City to install suoh equipment, power and supervision, within a reasonable length of time and at a reasonable cost to the City, and in the opinion v t iTi4 ALydk 7 sa . ,'rid;' 431. August 29, 1982. of the Commission it being neoessary to maintain and oontinouely operate said munioipal railway system. NOW,' THEREFORE, IN CONSIDERATION OF THE PREMISES the said agreement of January 3, 1922 be and the same is hereby further amended as follows: That the paragraph on page 3 whioh reads as follows: "As rental party of the second part agrees to pay party of the first part the rent or sum of *6,000.00 per year for the term of this lease, payable as follows: $500.00 on or before the 10th day of February, 1922; $600.00 on or before the 10th day of eaoh month thereafter until the last month, whioh shall be approtionod." shall be and is hereby amended so ae to read as followed "The party of the second part agrees to pay the party of the first part a rental of $1.00 per month from June 1, 1922, to July 1, 1923, but nothing herein oontained shall make the Oity of Miami liable for repayment of any rents heretofore received from the party of the second part under said agreement of January 1, 1922." IN WITNESS WHEREOF the parties have hereunto and hereto to an exact duplioate hereof set their signatures and off ioial seals this 30th day of August, A. D. 1922. CITY OF MA ]MI By F. H. Wharton ATTEST: H. E. ROSS City Manager City Clerk ATTEST: MIAMI BEACH ELECTRIC COMPANY By F. R. Humpage Vide President Seoretary AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT AS ABOVE A resolution authorising the City Manager to execute euoh oontraot as was agreed upon was introduced by J.I. Wilson. The said reeolution was read in full and is ae follows: RESOLUTION NO. 500. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SUPPLEMENTAL AGREEMENT ON BEHALF OF THE CITY OF MTAMI WITH THE MIAMI BEACH ELECTRIC COMPANY. WHEREAS, it has become neoessary to enter into supplemental agreement on behalf of the City of Miami and the Miami Beach Elec- trio Company, whioh said agreement has been submitted to the City • Commission; now, therefore, BE IT RESOLVED by the Commission of the City of Miami, that the City Manager be and he is hereby authorized and directed to execute a supplemental agreement between the City of Miami and Miami Beach Electric Company. Said agreement being supplemental to the one between the same parties dated January 3, 1922. Moved by J. I. Wilson and seconded by J. H. Gilman that the said reeolution be passed and adopted. On roll call the vote was as follows: C. D. Leffler, yes; J. E. Lummus, yes; J. I. Wilson, yes; J. H. Gilman, yes. Motion carried and the said resolution passed and adopted. ORDINANCE CIRCUMSCRIBING PRIVILEGES OF "JITNEYS" IN CONGESTED DISTRICT An Ordinance entitled "AN ORDINANCE DEFINING "JITNEYS"AND REGULATING THEIR OPERATION BY CIRCUMSCRIBING THEIR PRIVILEGES IN THE USE OF CERTAIN PARTS OF CERTAIN STREETS OF THE CITY OF MIAMI BY PROVIDING THAT NO "JITNEY" SHALL STOP TO TAKE ON OR DISCHARGE PASSENGERS WITHIN FIFTY FEET FROM THE INTERSECTION OF '1'13N STREETS HEREIN DESIGNATED AND PROVIDING A PENALTY FOR VIOLATION THEREOF AND DECLARING THIS AN EMERGENCY ORDINANCE" was introduoed by J. E. Lummus, and on motion of J. I. Wilson, seconded by J. H. Gilman, it was resolved that the charter requirement for readings of ordinances on two separate days be and is hereby dispensed with by the following vote: C. D. Leffler, yes; J. E. Lummus, yes; J. I• Wilson, yes; J. H. Gilman, yes. 0n motion of J. E. Lummus, seoonded by J. I. Wilson, the said ordinance was given its first reading and read by title only. Moved by J. E. Lummus and seconded by J.I. Wiloon that the said ordinanoe be passed on its first reading by title only. On roll call the vote thereon was as follows: C. D. Leffler, yee; J. E. Lummus, yes; J. I. Wilson, yee; J. H. Gilman, yes. Motion carried and the said ordi- nance passed on its first reading by title only. On motion of J. E. Lummus, seconded by J. H. Gilman the said Ordinanoe was given its second and final reading and read in full. Moved by J. E. Lummus and seconded by J. H. Gilman that the said ordinanoe be prised and adopted on its second and final reading in full. The vote was, on roll call, as follows: C. D. Leffler, yes; J. E. Lummus, yee; J. I. Wilson, yes; J. H. Gilman, yes. Motion carried and the said ordinance passed and adopted on its second and final reading in full. In a000rdance with Resolution No. 165, passed and adopted February 28th, 1922, the said Ordinanoe is numbered 138 and is shown in Ordinance Book 1 at page 110 and 111. ADJOURNMENT. At 6:10 p. m., there being no further business to oome before the Board at this meeting, on motion of J. I. Wilson, seoonded by J. H. Gilman, the meeting was ad- journed. ATTEST: CITY OF MIAMI - DOCUMENT MEETING DATE: INDEX August 29, 1922 ITEM NO4 DOCUMENT IDENTIFICATION 1 SUPPLEMENTAL AGREEMENT ON BEHALF OF THE CITY OF MIAMI WITH THE MIAMI BEACH ELECTRIC COMPANY R-500 00500 COMMISSION ACTION RETRIEVAL COPE NO.