HomeMy WebLinkAboutCC 1922-09-26 MinutesCI
COMMISSION
MINUTES
OF MEETING HELD ON September 26, 1922
PREPARED BY THE OFFICE CIOF TY HTHEALL . CITy fLERK
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September 26, 1922. 9
MINUTES OF THE MEETING OF THE BOARD OF COMMISSIONERS OF THE CITY OF MIAMI, FLORIDA..
On the 26th day of September, A. D. 1922, the Commission of the City of Miami met at the
City Hall in Miami, Florida. The meeting was called to order at 9 o'clock a. m. by Acting
Chairman J. I. Wilson and on roll oall the following members were present:
J. I. Wilson, J. E. Lummus, J. H.Gilman, E. C. Romfh.
ABSENT: C. D. Leffler, who was out of the City..
READING AND APPROVAL OF MINUTES OF SEPT. 12TH AND 19TH
The Clerk read the oorreotion in minutes of the 12th in referenoe to Resolution No. 504 and
the Minutes of the last meeting. On motion of J. E. Lummus, eeoonded by J. H.Gilman, the
minutes were approved and aooepted as written.
AUTHORIZING EXTENSION OF TIME ON IMPROVEMENT LIENS
Communication from Mr. W. A. Kohlhepp, Director of Finance, to the City Attorney; and commu-
nication from Mr. J. W.Watson, Jr., Asst. to the City Attorney to the Direotor of Finance,
in reference extension of time in whioh to file waiver in order to take advantage of the
ten year deferred payment plan for improvement liens; were submitted to the Commission by
Mr. Watson. On motion of J. E. Lummus, seconded by E. C. Romfh, the acid communications
were ordered received and spread upon the minutes:
Judge A. J. Rose,
800 Ralston Bldg.,
Miami, Florida.
Dear Sir:
0n the llth of July the City Commission approved the final
assessment rolls on various storm sewer, sanitary sewer and paving dis-
tricts. Ten days from the date of said approval, I addressed Assessment
Notioes to the various owners of the properties listed on the final as-
sessment rolls, and enclosed waivers for the property owners convenience
should they desire to avail themselves of the privilege of the ten year
deferred payment plan. I enclose herewith copy of the Assessment Notice
and Waiver.
In the assessment notice, I endeavored to make it very clear
that the waiver must be signed, and filed in this office, within thirty
days from the date of approval of the final assessment roll.
As the Charter provides that the assessment roll be delivered
to this department ten days after the date of approval, I extended the
time of acceptance of waivers until September lst, so as to give proper-
ty owners the full thirty day period from the date of mailing notices.
Since that date, I have received, and rejected, a number of waivers from
property owners requesting the ten year payment plan.
In discussing this with some of the members of theCommiasion,
I find it is their desire to be as lenient as possible in this matter,
but still they do not desire to confuse the work of this department in
handling lien collections as provided in the new Charter, which provides
" that said assessments shall constitute a lien upon the property so
assessed, of the same nature and to the same extent as the lien for gen-
eral City taxes, and shall be collectible in the same manner and with
the same penalties, and under the same provisions as to sale and forfei-
ture, as City taxes are collectible."
As this department is now engaged in preparing the 1922 Tax
Notices, which includes a statement of all liens due and payable which
would become delinquent and subject to sale April let, 1923, it is very
important that I have your opinion at an early date as to my action in
rejecting waivers on the recent assessment rolls after September let, and
also as to any difficulty we are likely to encounter in attempting to
enforoe the Charter provision of sale and forfeiture similar to the sale
of taxes.
Miami, Florida,
September 22, 1922.
In re: Improvement Liens.
Your early advice will be appreciated.
Yours very truly,
W. A. KOHLHEPP
Direotor of Finance
Mr. W. A. Kohlhepp,
Director of Finanoe,
Miami, Florida.
Miami, Florida,
September 23, 1922.
Dear Sir:
In reply to your letter asking for my opinion in your action
in rejecting waivers on the reoent assessment roll after September let,
I wish to state that if thirty days has elapsed after the confirmation
of said assessment rolls and that no owner of any lot or parcel which
shall have been assessed in excess of $25.00 has not filed with you his
written undertaking waiving all irregularities and illegality in connec-
tion with said assessment against said lot or parcel, and agreeing to
pay the same in equal installments in each of the ten succeeding years,
then in failure to do so he forfeits this right and you are perfectly
correct in rejecting waivers which have come into your possession after
the thirty days has expired.
It is my opinion that the extending of the time to any one is
entirely up to and within the powers of the City Commission,
Yours very truly,
J. W. WATSON, Jr.
Asst. to the City Atty.
September 26, 1922.
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Thereupon the following resolution was introduced by Mr. J. E. Lummue:
RESOLUTION NO. 515.
A RESOLUTION AUTHORIZING AND PERMITTING THE EXTENSION OF
TIME TO PROPERTY OWNERS IN WHICH TO FILE WRITTEN UNDER-
TAKINGS WAIVING ALL IRREGULARITY AND ILLEGALITY IN PAY-
MENT OF ASSESSMENTS AND TO AVAIL THEMSELVES OF THE DEFERR-
ED PAYMENT PLAN AS PROVIDED BY SECTION FIFTY-SIX OF THE
CITY CHARTER.
WHEREAS, under Section 5G of the City Charter it is within the power
of the City Commission to extend the time in Which to file written under-
takings waiving all irregularity and illegality, if any, to property owners
relating to and appertaining to the collection and payment of assessments,
NOW, THEREFORE, pursuant to such authority as aforesaid, BE IT RESOLVED
BY THE COMMISSION OF THE CITY OF MIA.MI, 'that the time of filing such written
waivers and undertakings concerning assessments and availing themselves of
the deferred payment plan, be and the same is hereby extended to April lst,
1923, to any and all persons assessed in excess of twenty-five (025.00) by
the final assessment rollo as approved and passed on July llth, 1922, and
more particularly described as follows:
Highway Improvement H-147, Bird Avenue, Biscayne Drive to Boulevard;
Highway Improvement H-148, Boulevard, First St. to Bay St; Bay St. to Blvd;
Storm Sewer District Sr-25;
Highway Improvement H-145, Waddell St. F.E.C.Ry, to Ave. H and Ave. J toAv. L;
Highway Improvement H-145, Dickinson St., Biscayne Drive to F.E.C.Ry;
Highway Improvement H-144, Twenty-fifth St., Biscayne Drive to Biscayne Bay;
Highway Improvement H-147, Buena Vista St., F.E.C.Ry. to Ave. D;
Sanitary Sewer District Sr-26;
Highway Improvement H-145, Ave. P, Fifteenth St. to Twentieth St;
Highway Improvement H-145, 7th Ave. to Ave. J, North River Drive;
Highway Improvement H-143, 25th St, Ave. E. To F.E.C.Ry;
Highway Improvement H-145, Ave. N, 12th St. to S. River Drive.
Moved by J. E. Lummus and seconded by J. H. Gilman that the said resolution be passed and
adopted. On roll call the vote was as follows: J. I. Wilson„ yes; J. E. Lummus, yes;
J. H. Gilman, yes; E. C. Romfh, yes. Motion carried and the said resolution passed and
adopted.
00MMtNICATION FROM MTAMI AUDIT & INVESTMENT CO. IN RE: AUDIT
Communication from the Miami Audit & Investment Co., addressed to the Board of Commissioners
under date of September 25th, 1922, was read, and on motion of E. C. Romfh, seconded by
J. H. Gilman, the said communication was received and filed. It was in reference to an
audit of the acoountsof George Kaufman.
ACCEPTING DEDICATION OF STREETS IN SUBDIVISION , "DIXIE VILLAS"
An ordinance accepting the dedication of the streets in the subdivision known as Dixie
Villas was introduced by J. E. Lummus, and on motion of J. H. Gilman, seconded by E. C.
Romfh, the charter requirement for readings of ordinances on two separate days was dis-
pensed with by the following vote: J. I. Wilson, yes; J. E. Lummus, yes; J. H. Gil-
man, yes; E. C. Rornfh, yes. 0n motion of J. E. Lummus, seconded by E. C. Rornfh, the
said ordinance was given its first reading and read by title only. Moved by J. E. Lum-
mus, and seconded by E. C. Romfh, that the said ordinance be passed on its first read-
ing by title only. 0n roll call the vote was as follows: J. I. Wilson, yes; J. E.
Lummus, yes; J. F. Gilman, yes; E. C. Rornfh, yes. Motion carried and the said ordi-
nance passed on its first reeding. 0n motion of E. C. Romfh, seconded by J. E. Lummus,
the said ordinance was given its second and final reading and read in full. Moved by
E. C. Romfh and seconded by J. E. Lummus that the said ordinance be passed and adopted
on its second and final reading. 0n roll call the vote was as follows: J. I. Wilson,
yes; J. E. Lummus, yes; J. E. Gilman, yes; E. C. Romfh, yes. Motion carried and the
said ordinance passed and adopted. In accordance with resolution No. 155, passed and
adopted February 28th, 1922, the said ordinance is mzmbered 140 and is shown in Ordi-
nance Book 1 at page
APPROVING CONTRACTS AND AUTHORIZING MANAGER TO SIGN WITH C. H. LYNE
The City Manager submitted to the Commission contract between the City of Miami and
C. H. Lyne for furnishing of castings for sanitary sewer construction, and after an
examination of the contract by the members of the Commission, the following resolu-
tion was introduoed by ;.ir. E. C. Romfh:
RESOLUTION N0. 616.
A RESOLUTION APPROVING CONTRACT BETWEEN TEE
CITY OF MIAMI AND 0. H. LYNE AND AUTHORIZING
THE CITY MANAGE:?. TOC SIGN S'MR ON BEHALF OP
WHEREAS, a contract between The City of Miami and C. H. Lyne for the
furnishing of castings for the construction of Sanitary Sewers Districts
46 to 55, both inclusive, Contracts 27, 28 and 29 having been submitted to
the Commission by the City Manager, and having been approved by the City
Attorney as to form and correctness; now,therefore,
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, that the said
contract be and the same is hereby approved by the Commission and the City
Manager be and he is hereby authorized and directed to sign same on be-
half of the City.
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September 26th, 1928. 61
Moved by E. C. Romfh and seconded by J. E. Lummus that the said resolution be passed and
adopted. 0n roll call the vote was as follows: J. I. Wilson, yes; J.E. Lummus, yes;
J. H. Gilman, yes; E. C. Romfh, yes. Motion oarried and the said resolution passed and
adopted.
COMMUNICATION FROM MLAMI REALTY BOARD
WIDENING OF N. E. SECOND AVE.
Communication from the Miami Realty Board to which was attached proposed resolution in
reference to the widening of N. E. Seoond Avenue, was, on motion of J. E. Lummus, se-
conded by J. H. Gilman, received and filed, and no action taken by the Commission.
TRANSFER BETWEEN APPROPRIATIONS
DEPT. OP PUBLIC SERVICE
A resolution authorizing the transfer of V200 between appropriations within the Department
of Public Service was introduoed by E. C. Romfh. The said resolution was read in full and
is as follows:
RESOLUTION N0. 517.
A RESOLUTION AUTHORIZING TRANSFER OF 4;200.00 BE-
TWEEN APPROPRIATIONS WITHIN THE DEPARTMENT OF PU-
BLIC SERVICE.
WHEREAS, the Director of Publio Service requests the transfer of the
sum of 0200.00 between appropriations for the incinerator as neoeseary for
the efficient operation of that division; now, therefore,
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, that the Di-
rector of Finance be and is hereby authorized and directed to transfer the
sum of 0200.00 from the unencumbered balance in the appropriation for Tools
to Lights, Water, Ice and Fuel of the Incinerator and Garbage Disposal Di-
vision.
Moved by E. C. Romfh and seconded by J. E. Lummus that the said resolution be passed and
adopted. 0n roll call the vote was as follows: J. I. Wilson, yes; J. E. Lummus, yes;
J. H. Gilman, yes; 2. C. Romfh, yes. Motion carried and the said resolution passed and
adopted.
AUTHORIZING CITY MANAGER TO ADVERTISE FOR BIDS FOR SEWAGE DISPOSAL MACHINERY
The City Manager reported to the Commission that he was ready to advertise for bide for
furnishing pumps, outlet pipes and screens to be used in the Sewage Disposal Plant, and
thereupon the following resolution was introduced by J. H. Gilman:
RESOLUTION NO. 518.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION
AND FURNISHING OF PUMPS, OUTLET PIPES AND
SCREENS TO BE USED IN SEWAGE DISPOSAL.
WHEREAS, the City Manager reports that he is ready to advertise for
bids for the furnishing of pumps, outlet pipes and screens for the Sewage
Disposal Plant; now, therefore,
BE IT RESOLVED BY THE COI,dMISSION OF THE CITY OF MIAMI, that the City
Manager be and he is hereby authorized and directed to advertise for bide
for the construction and furnishing of Pumps, Outlet Pipes and Screens to
be used in the construction of Sewage Disposal Plant.
Moved by J. H. Gilman and seconded by J. E. Lummus that the said resolution be passed
and adopted. 0n roll cal] the vote was as follows: J. I.Wilson, yes; J. E.Lummus,
yes; J. H. Gilman, yes; E. C. Romfh, yes. Motion carried and the said resolution
passed and adopted.
ADJOURNMENT
10:00 A. M.
At 10:00 o'clock a. m., there being no further business to come before the Board at this
meeting, on motion of J. H. Gilman, seconded by J. E. Lummus, the meeting was adjourned.
ATTEST:
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CITY OF NIIAMI
DOCUMENT
INDEX
MEETING DATE:
September 26, 1922
ITEM NO DOCUMENT IDENTIFICATION
COMMISSION
ACTION 4
RETRIEVAL
CODE NO.
2
3
4
AUTHORIZING EXTENSION OF TIME TO PROPERTY OWNERS IN
WHICH TO FILE WAIVERS FOR DEFERRED PAYMENT PLAN
APPROVING CONTRACT BETWEEN CITY AND C. H. LYNE AND
AUTHORIZING EXECUTION OF SAME
AUTHORIZING TRANSFER OF $200.00 BETWEEN APPROPRIATIONS
WITHIN THE DEPARTMENT OF PUBLIC SERVICE
AUTHORIZING CITY MANAGER TO ADVERTISE FOR BIDS FOR
THE CONSTRUCTION OF PUMPS, OUTLET PIPES AND SCREENS
TO BE USED IN SEWAGE DISPOSAL
R-515
R-516
R-517
R-518
00515
00516
00517
00518