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HomeMy WebLinkAboutCC 1923-01-23 MinutesCOMMISSION MINUTES OF MEETING HELD ON January 23, 1923 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HAU. January 43, 1923. MINUTES OF THE MEETING OF THE BOARD OF 001 ISSION.ii3 OF THE CITY OF MIAMI, FLORIDA. On the 23rd day of January, A. D. 1923, the Commission of the City of Miami met in regular session at the City Hall in Miami, Florida. The meeting was called to order at 9:00 o'clock a. m., by Chairman Leffler and on roll mall the following members wore v yidoEf tl L; C. D. Leffler, J. E. Lummus, J. I. Wilson, J. H. Gilman, E. C. Romfh. READING OF MINUTES The Clerk read the minutes of the meeting of January 16th, which were approved and accepted as written. COMMUNICATION FROM CITY. ATTORNEY MEETING OF JANUARY 16TH IN RE: BOND ELECTION AND EXTENDING LIMITS A communication from the City Attorney was read and upon motion of J. E. Lummus, se- conded by J. I. Wilson, the said communication was ordered received and spread upon the minutes: The City Commission, Miami, Florida. Gentlemen: - January 22, 1923. Sections 1921, 1922 and 1926 of the Revised General Statutes of the State of Florida provide the manner of extending limits of cities of over ten thousand inhabitants, and that the property which may be annexed shall not be liable for, nor taxed to pay any bond indebtedness of the city to which it may be annexed, existing at the time of the election provided for in these sections, and provides for the conduct of elections. Section 1972 provides that a charter or amendments to the charter may be proposed only by a Charter Board, who shall be elected not oftener than once in every two years, and Section 1980 provides that this Charter Board shall propose amendments and that these amendments are to be voted up- on within 60 days after the final adjournment of the Charter Board. In my opinion the election can be called by the Commission for the purpose of extending the corporate limits, but to make assurance doubly sure, the Legislature should be called upon to ratify the election. My recommendation is that if the bond election is called that with- out waiting for the vote upon that election that the Commission call an elec- tion for the purpose of extending the territory, making the call for such elec- tion a date subsequent to the bond election, giving notice in the meantime of the intended application to the Legislature for the passage of an act ex- tending the territorial limits. In this way the bond issue could be called and determined well in advance of the election extending the territorial limits and the property within the present city limits will be liable for the payment of these bonds, and the additional territory which would be brough within the city would not be liable for the payment of any bonds issued before such new territory was annexed to the city. Yours very truly, A. J. euSE City Attorney AUTHORIZING ADVERTISEMENT OF APP.LICATION FOR PASS:,GE OF CERTAIN LOCAL A resolution authorizing the City Attorney to give public notice the City to apply to the next legislature for the passage of the laws set forth in the resolution was introduced by J..H. Gilman. was read in full and is as follows: RESOLUTION NO. 609. LAWS -IN NEWSPAPERS of the intention of special or local The said resolution A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO GIVE PUBLIC NUTICE OF TEE ILTi:NTION OF TEE CITY TO APPLY TO THE NEXT LE- GISLA'TUiE FOi' THE PASSAGE OF TEE SPECIAL OR LOCAL LAWS SET FORTH IId THIS RESOLUTION. BE IT RESOLVED by the Commission of the City of Miami: Section 1. That the City Attorney be, and he is hereby, authorized to give notice by publishicg once a week for sixty (60) days in the morning ' and afternoon paper the intention of the City Commission to apply to the Legislature at it's next regular session in 1923 for the passage of tke fol- lowing local or special laws, to -wit: An act amending Section 57 of the Charter of the City of Miami, Florida, of 1921 so that the same shall read as follows: "The Commission of the Oity of Miami, by resolution, may issue from time to tiros Revenue Bonds of the Jity, bearing interest at not more than six per cent. per annum, payable at the time of issuance or thereafter, for the purpose of providing funds in anticipation of current revenues, and may issue .revenue Refunding Bonds, with like limitations as to interest, when deemed necessary to provide for the payment of any of such Revenue Bonds or Revenue Refunding Bonds at their maturity; no such Revenue Bonds or :revenue Refunding Bonds shall mature later than the close of the fiscal year in which the same are issued, except that Revenue Refunding Bonds is- sued in the last three months of any fiscal year may mature either in said fiscal year or at any time in the ensuing fiscal year. Before the passage of any resolution authorizing Revenue Bonds, the Director of Finance shall submit to the Jomrnission a etatement showing: (a) the amount of uncollect- ed taxes and revenues of the preceding fiscal year, (b) the amount of un- collected taxes for the current fiscal year, if theretofore levied, but otherwise the amount of the tax levy for the preceding fiscal year regard- less of what part thereof shall have been collected, (c) the estimated amount of uncollected revenues for the current fiscal year excepting taxes, and (d) the amount of all taxes and revenues embraced in (a) and (b) and (o) Oanuarq 23, 1923: 149 above, which are for sinking funds for the payment of bonds maturing after the current fiscal year, and (e) the face value of all bonds, notes, war- rants, judgments and other city obligations to pay money then outstanding or authorized, which have no fixed time of payment, or which by their terms are payable within one year and three months from the date of their respec- tive issuance. The substance of such statement of the Director of Finance shall be recited in said resolution and no Revenue Bonds shall therein be authorized whose face value, together with the amount of item (e) above shall exteed 753 of the remainder obtained by subtracting item (d) from the sum of items (a), (b) end (c) above. Such Revenue Bonds and Revenue Refunding Bonds shall be sold by the ommission upon such terms as it may elect, but shall not be sold at less than par value, except by a vote of at least four members elect of the Commission, and then at a price of not less than 09 on 400, but said resolution may authorize the Director of Finance to sell the bends. authorized by it, at one time or from time to time in his discretion as he deems for the best interest of the City, but any such authority to the Di- rector of Finance shall specify the maximum amount of bonds to be issued, the maximum rate of interest, and the minimum price for Which they may be sold. The proceeds of Revenue Bonds shall be paid into the Treasury of the City to the credit of any one or more of the funds for which the uncollected taxes and revenue anticipated are to be collected in such amount and to such fund or funds as may be specified in such resolution, but the Commission shall not appropriate any greater amount of such proceeds into any one fund than can reasonably be repaid therefrom to meet the payment of such bonds at their maturity; provided, however, that the validity of any such bonds shall not be affected by failure of the Commission to comply with the last mentioned direction. The proceeds of Revenue Refunding Bonds,shall be applied solely to the payment of the bonds for whose retirement they shall be iseued. For the payment of said Revenue Bonds and Revenue Refunding Bonds, and the in- terest thereon, at such place or places in Florida or elsewhere as may be designated by the Commission, the Commission is hereby authorized to levy sufficient taxes upon all the taxable property within the City of Miami over and above all other taxes authorized or limited by law, and said bonds shall be the absolute, direct and general obligations of said City. In each year at the time of the annual tax levy there shall be included therein a tax for the payment of the principal end interest of any Revenue Bonds which have matured and remain unpaid, and any Revenue Refunding Bonds whether matured or not. It shall be the duty of said City,after the authorization of any Re- venue Bonds or Revenue Refunding Bonds, to reserve from current revenues, as received, except revenues for sinking funds for bonds maturing after the cur- rent fiscal year, a sum sufficient to meet the payment of such Revenue and Revenue Refunding Bond: at maturity, and the interest thereon. Authority to issue any or all bonds authorized hereunder by resolution may be revoked by resolution of the Commission, thereby reducing the amount of authorized bonds and pro tante reducing tho amount of current revenues which must be reserved for their payment. It shall not be necessary to submit such bonds, or the resolution authorizing the same, to a vote of electors or taxpayers, and the resolution authorizing the same shall be in force upon its passage. Moved by J.,h. Gilman and seconded by 2. C. Romfh that the said resolution be passed and adopted. On roll call the vote was as follows; J. D. Leffler, yes; J. E. Lum- mus, yes; J. I. Wilson, yes; J. E. Gilman, yes; E. C. Romfh, yes. Motion carried and the said resolution passed and adopted as read. FILING OF PR LILIINeRY AJSES.MENT ROLLS HIGHWAY II.IPROVZI,iENT 110. 149. The Cit;; Manager reported that he had filed with the City Clerk the Preliminary As- sessment Roll for Highway Improvement Ido. 149, and thereupon the following resolu- tion was introduced by J. I. Wilson: RESOLUTION NO. 610. A RESOLUTION DIH2UTILG THE CITY CLERK TO GIVE NOTICE TO i'ROPeRTY O'i1N22S '10 Ae P AR AND FILE WRITTEN OBJECTIONS T. COIIFI2LIA'TION OF CERTAIN PR2LII1INARY ASSESSMENT ROLLS. WHEREAS, tho city Manager has reported that he has filed with the City Clerk Preliminary Assessment Rolls for Highway Improvement No. 149, and VIHEREA$, the charter requires and provides for the filing of writ- ten objections to the confirmation of such preliminary assessment rolls; now, therefo e, BE IT i3E00LVED BY 'T'H.,: Ou1 UIb$Iu1; OP THE CITY OF MIU1I, that the City Clerk be, and he is hereb;;, authorized and directed to give public notice in a nowapaper published in the city twice weekly for two (2) weeks, stat- ing that at a meeting of the City Commission to be held on February 6th, 1923, at 9:00 o'clock a. rn., any person whose property is described in the Baia prelirnir.ary roll, may appear and file c.ritten objections to the con- firmation of the said preliminary roll. Loved by J. I. '.;ilson and seconded by J. E. Lurmnus that the said resolution be passed and adopted. On roll call the vote was as follows: C. D. Leffler, yes; J. E.,Lum- rnus, yeq; J. I. Wilson, yes; J. H. Gilman, yes; el. C. Romfh; yes. Motion carried and the said resolution passed and adopted. AUTHORIZING PAYLiENT OF ''6,000 OUT OF PUBLICITY FUND FOR DADE COUNTY AGRICULTURAL SOCIETY Mr. Joseph S. Rainey, county agricultural agent, appeared before the Corrm'rieeion and re- ,queeted that the Commission make an appropriation out of the Publicity Fund towards the defraying of expeneee of the Annual Fair to be held during this year and stated that it was impossible to get an appropriation from the Miami Chamber of Commerce as their en- tire appropriation for the year 1922 was encumbered. After some discussion among the members of the Corrmieeion it was decided that an appropriation of $5,000 should be made from the Publicity Fund for the year 1923 to the Dade County Agricultural Society for the purpose etated by 1r. Rainey, and thereupon the following resolution was introduoed by J. E. Lummue: January 23, 1923. RESOLUTION NO. 611. A RESOLUTION AUTHORIZING PAYMENT OF THE SUM OF $5,000 OUT OF THE PUBLICITY FUND FOR THE PURPOSE OF AIDING THE DADE COUNTY AGRICULTURAL SOCIETY IN ITS ANNUAL FAIR. BE IT RESOLVED BY THE COMMISSION OF THE CITY of MIAMI, that the Director of Finance be, and he is hereby, authorized to pay out of the Publicity Fund for the year 1923, the sum of $5,000.00 to the Dade County Agricultural Sooiety for the purpose of assisting it in its annual fair to be held during the year 1923. Moved by J. E. Lummue and seconded by J. I. Wilson that the said resolution be passed and adopt- ed. 0n roll call the vote was as follows: C. D. Leffler, yee; J. E. Lummue, yee; J. I. Wil+ eon, yes; J. H. Gilman, yee; E. C. Romfh, Yes; motion carried and the eaid resolution passed and adopted. CALL FOR DISCUSSION ON PROPOSED APPROPRIATION ORDINANCE FOR FISCAL YEAR 1923. Pursuant to Resolution No. 593, which provides for public hearings on the proposed appropriation ordinance before the commission sitting as a committee of the whole, it was announced that the commission was ready'to receive and consider any diecueeion on the proposed ordinance. There being no objections the said appropriation ordinance was introduced by J. I. 'Nilson and on hie motion, seconded by E. C. Romfh, was given its first reading and read by title only. Moved by J. I. Wileon and seconded by E. C. Romfh that the said ordinance be passed on its first reading. 0n roll call the vote was as follower C. D. Leffler, yes; J. E. Lummue, yes; J. I. Wilson, yes; J. H. Gilman, yes; E. C. Romfh, yes. Motion carried and the said ordinance passed and adopted on ite first reading. REQUEST FOR REGISTRATION IN EACH DISTRICT IN PROPOSED ANNEXATION ELECTION Mr. Labell of Allapattah appeared before the Commission and requested that when the registra- tion books were opened for the proposed annexation of adjacent territory that registration books be opened in each of the districts propoeed to be annexed. Mr. Labell was given to underetand that if there wae any way possible for this to be done booke would be opened in each of the dis- tricts. CALLING AN ELECTION TO VOTE UPON ISSUANCE OF BONDS PASSAGE OF ORDINANCE IN FULL An ordinance entitled "AN ORDINANCE CALLING AN ELECTION TO VOTE UPON THE ISSUANCE OF BONDS OF THE CITY OF MIAMI", was introduced by J. E. Lammas, 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 occasione be, and is hereby, diepensed with by the following vote: C. D. Leffler, yes; J. E. Lummue, yes; J. I. Wilson, yes; J. H. Gilman, yes; E. C. Romfh, yes. 0n motion of J. I. Wileon, eeoonded by J. e. Gilman, the said ordinance was given its firet.reading and read by title only. Moved by J. I. Wileon and seconded by J. H. Gilman that the eaid ordinance be paes- ed and adopted on its first reading. 0n roil call the vote wae as f ollowe: C. D. Leffler, yes; J. E. Lummue, yee; J. I. Wileon, yes; J. H. oilman, yee; E. C: Romfh, yee. Motion carried and the eaid ordinance passed and adopted on its first reading by title only. 0n motion of J. I. 'Nil n, seconded b;: J. H. Gilman, the said ordinance wae given ite second and final .reading and read in full. Moved by J. I. Wileon and seconded by J. H. Gilman that the said ordinance be passed and adopted on ite second and final reading in full. 0n roll call the vote thereon was ne follows: C. D. Leffler, yee; J. E. Lummue, yee; J. I. Y:ilenn, yes; J. H. Gilman, yes; E. C. Romfh, yee. Motion carried and the eaid ordinanceypassed and adopted on ite second and final reading in full. In accordance with resolution No. 155, paeeed and Adopted February 28th, 1922, the said ordinance ie numbered 157 and is shown in Ordinance Book 1 at page 12 as paeeed and adopted. ADJOURNMENT 10:45 1. M. At 10:45 a. m., there being no further business to come before the Commission, on motion of J. I.dilson, seconded by J. E. Lammas, the meeting wae adjourned. ATTEST: CITY CL ;.RZ 1 • CITY OF MIAMI DOCUMENT 1NDE MEETING DATE: JANUARY 23, 1923 ITEM NO DOCUMENT IDENTIFICATION COMMISSION 1 RETRIEVAL ACTION CODE NO. 1. 2. 3. AUTHORIZE PUBLICATION OF NOTICE TO APPLY TO NEXT LEGISLATURE FOR AMENDMENT OF CHARTER. DIRECTING CLERK TO GIVE NOTICE OF CONFIRMATION OF PRELIMINARY ASSESS. AUTHORIZE PAYMENT OUT FROM PUBLICITY FUND FOR AIDING DADE COUNTY AGRICULTURAL SOCIETY IN ITS ANNUAL FAIR. R-609 R-610 R-611 00609 00610 00611