Loading...
HomeMy WebLinkAboutCC 1923-02-20 MinutesCOMMISSION MINUTES OF MEETING HELD ON FEBRUARY 20, 1923 PREPARED SY THE OFFICE OF THE CITY CLERK CITY HALL iUA 7ebruary 20, 1923. II/NMI. MARI SIM EMI MINUTES OF THE. MEETING OF THE BOARD OF 00MMISSIONERS OF THE CITY OF LIIAMI, FLORIDA. Pursuant to an adjournment on February 6th, 1923, the Commission of the City of Miami, met in regular session at the City Hall in Miami, Florida, on this 20th day of February, A. D. 1923, at nine o'clock a. m. The meeting was called to order by Chairman Leffler and on roll call the followi.hg members were present: C. D. Leffler, J. E. Lummus, J. I. Wilson, J. H. Gilman, E. C. Romfh. READING OF THE MINUTES OF MEETING OF FEB. 6 The Clerk read the minutes of the meeting of February 6th, whioh were approved and ac- cepted as written. RESIGNATION OF W. A. KOHLHEPP & APPOIIl'►MA T OF C. L. HUDDLESTON REPORT OF CITY MANAGER A written communication from the City Manager under date of February loth, in reference to the resignation of W. A. Kohlhepp, Director of Finance, to which was attached the resignation of Mr. Kohlhepp; and a written communication from the Oity Manager under the same date, in reference to the appointment of. C. L. Huddleston to succeed W. A. Kohlhepp, to which was attached a copy of the appointment, were received by the Commission and on motion of J. E. Lummus, seconded by J. H. Gilman, the said communications were ordered spread upon the minutes: To the City Commission: I am handling you herewith resignation of W. A. Kohlhepp, said resignation to become effective February 12th. I regret very much, as I know you will, that Iir. Kohlhepp cannot remain with the City. Respectfully; F. H. WEARTON City Manager Mr. F. E. Wharton, City Manager, City of Miami, Miami, Florida. Dear Sir: - Miami, Florida, February 10, 1923. Miami,Florida, February 10, 1923. As previously discussed in informal oonferenoes, I beg to submit herewith my resignation as Director of Finance of the City of Miami, Miami, Florida, effective at your earliest convenience. This action is taken with many sincere regrets on my part, and I wish to assure you of my deep appreciation of your complete co-operation and consideration which you have extended to me at all times, and also the complete confidence which you have shown in my ability to handle the responsibilities of my office under your ad- ministration. With every good wish for the continued success of the present administration, I am Sincerely yours, v; . A. KOHLHEPP Director of Finance Miami, Florida. To the Jity Commission, February 10, 1923. Gentlemen: I have appointed C. L. Huddleston as Direotor of Finance to succeed W.A. Kohlhepp, resigned. The appointment of Lir. Huddleston dates from February 12th with a salary of T5,000 a year. Respectfully, P. H. WEARTON City Manager Miami, Pl.*r,ida February i0, 1903. LIr. C. L. Huddleston, Miami, Florida. Dear Sir: - This letter will be your official appointment as Direotor of Finance for the City of Miami, this appointment to become effective February l2th, 1923. Your salary, as agreed upon, will be 45,000 a year, payable month- ly at the end of each month. You will take charge of that department on the above date. Yours truly, F . H. WHARTON City Manager AMEEDII;G ORDINANCE I10. 70 FIXING SALARY OF DIREOTOR OF FINANOE An Ordinance entitled: "AI; 0itDIWNCA AMENDING ORDINANCE NO. 70, PASSED AND ADOPTED FEBRUaRY 7th, 1922" was introduced by J. I. Wilson, and on motion of A. C. Romfh, se- conded by J. H. Gilman, that said ordinance was given its first reading and read by ti- tle only. Moved by J. I. T.ilson and seconded by J. E. Gilman that the said ordinance be passed on its first re%ding. On roll call the vote was as follows: C. b. Leffler, yes; J. A. Lummus, yes; J. I. Wilson, yes; J. H. Gilman, yes; E. C. Romfh, yes. Motion carried and the said ordinance passed on its first reading by title only. February 20, 1923. ACCEPTING THE DEDICATION OF STREETS SUBDIVISION OF "BANYAN PLACE" An ordinance entitled "AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS IN THE SUBDIVISION KNOWN AS "AI.I1;NDED AND EXTENDED PLAT OF BLOCKS A, B & 0, BANYAN PLACE", was introduced by E. C. Romfh, 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 oc- casions 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; E. C. Romfh, yes. On mo- tion of J. I.'7ilson, seconded by J. H. Gilman, the said ordinance was given its first reading and read by title only. MIoved by J. I. Wilson and seconded by J. H. Gilman that the said ordinance be passed on its first reading. 0n roll call the vote was as follows: C. D. Leffler, yes; J. E. Lummus, yes; J. I. Wilson, yes; J. H. Gilman, yes; E. C. Romfh, yes. Motion carried and the said ordinance passed on its first rending. On mo- tion of J. I. Vilson, seconded by J. H. Gilman, the said ordinance was given its second and final reading and read by title only. Moved by J. I. Wilson and secorri 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 as follows: C. D. Leffler, yes; J. B. Lummus, yes; J. I. Wilson, yes; J. H. Gilman, yes; E. C. Romfh, yes. Motion carried and the said resolution passed and adopted on its second and final reading in full. In accordance with resolution No. 155, passed and adopted 1ebruary 26th, 1922, the said ordinance is numbered 160 and is shown in Ordinance Book 1 at page as passed and adopted by the Commission. Prior to the passage and adoption of the foregoing ordinance the Director of Finance submitted to the Commission his certificate that all city taxes and city liens for improvements on the property embraced in the subdivision had been paid, which said certificate is as follows: February 20, 1923. Board of Commissioners, City of Miami, Miami, Florida. Gentlemen:- RE: Taxes & Liens --Blocks A,B and 0, "Banyan Place." I hereby certify that all city taxes including 1922, and all city liens for improvements, etc., that have been turned into this office for collection, have been paid on the property included in the plat named above, which is now being offered for approval, and which is described on the city's records as follows: "Blocks A, B and C, Banyan Place. iiespectfully submitted, J. L. HUDDLLSTON Director of Finance AUTHORIZING PAYMENT OF 436,000 TO NYE 0D0RLi:SS CREMATORY TORY CO. FOR INCINERATOR A written communication from the City i;anager addressed to the City Commission under date of Pebrunry sOth, 1923, in reference to completion of incinerator, to which was attached communication from the Director of Public Service and bond by the Nye Odor- less Crematory Company as principal and the United States Fidelity and Guaranty Com- pany as surety, were received, :ind on motion of J. E. Lummus, seconded by J. H. Gilman, the said communications were ordered spread upon the minutes, and the said bond order- ed attached to the original contract and filed in the proper archives by the City Mana- ger. Said communications are as follows: Miami, Florida, February`20, 1923. To the City Commission, Gentlemen: 0n the 25th day of July, 1922, the City entered into a con- tract with Nye Odorless Crematory Company for the erection of an in- cinerator at a coat of 06,000. The incinerator has been completed according to contract and has been thoroughly tested out by the Di- rector of Public Service, r.ho recommends its acceptance. Attached is his report, also a bond properly executed in the ::urn of yY; ,000 guaranteeing the proper maintenance and repairs to the incinerator for the period of one year from date of acceptance. Under the terms of the contract, payment for the same is now due aid I recommend that authority be given the Director of Fi- nance to i:,sue warrant in payment of same. -.espectful.ly, F. H. :r7iARTON City Manager Miami, Florida, February 19, 1923. I.:r. F. H. Wharton, Jity Manager, City of Miami, Fla. Dear air: - In reference to the new Incinerator: The new incinerator, built by the Nye Odorless Jrematory Company was put into service on December the 22nd, 1922., and has been in constant use since that time. I had a check made for part of the time of the amount of garbage and trash consumed. According to this record, it has con- sumed 54 tons of combined garbage and trash per day. The incinerator seems to be in good condition. It is an improve:ient over the old incinerator, and I hereby recommend that it be L.+ccepted. I um enclosing a list of garbage and trash consumed in this incinerator, as r:ell as the old incinerator, for a period of about a week ir. January and February. This is a fair list of the amount of garbage :did trash being consumed by the incinerator. I enclose a copy of the bond made by the Nye Odorless Cre- matory Company, covering any defects in workmanship and defeotive material Very truly yours, CHAS . W. I1i.1_:i2AY 164 February 20, 1923. 1 1111111411111111111111111111 1111111119111111.1101111111111111111111111111111111 Thereupon a resolution authorizing the payment of 436,000 to the Nye Odorless Cre- matory Company and providing for the reimbursement from the bond fund when avail- able, was introduoed by J. I. Wilson:, RESOLUTION N0. 626. A RESOLUTION AUTHORIZING THE PAYMENT OF 06,000 TO THE NYE ODORLESS CRLL1ATORY COMPANY IN SETTLE- MENT OF THEIR BILL IN THAT A1IOUNT AND PROVIDING FOR REIMBURSEMENT FROM THE BOND FUND WHEN SAMM IS AVAILABLE. WHEREAS, the City Manager and the Director of Public, Service report that the incinerator has been completed according to contraot with the Nye Odorless Crematory Company, and WHEREAS, the Director of rublio 3ervioe reports that, after tests, the incinerator seems to be in good condition, and WHEREAS, the City Manager recomnenda that authority be given the Di- reotor of Finance to issue warrant in payment of same; now, therefore, BE IT RESOLVED by the Commission of the City of Miami, that the Di- reotor of Finance be, and he is hereby, authorized to issue his warrant for the sum of 36,000 payable to the Nye Odorless Crematory company in settlement of their bill for that amount and according to the terms of the contract, the said sum to be reimbursed from the bond fund when the same is available. Moved by J. I. Wilson and seconded by E. 0. Romfh that the said resolution be passed and adopted. On roll callthe vote was as follows: J. D. Leffler, yes; J..E. Irum- mus, yes; J. I. ',Wilson, yes; J. H. Gilman, yea; E. C. Romfh, yes. Motion carried and the said resolution passed and adopted. FILING OF PRELIMIITARY ASSESSMENT ROLL SIDEWALK DISTRICT N0.32 The City Manager reported to the Commission that he had filed with the City Clerk the preliminary assessment roll for Sidewalk Improvement No. 32, and thereupon the follow- ing resolution was offered by E. C. Romfh: RESOLUTION NO. 627. District Sk.-32. Sidewalk Improvement No.32. WHEREAS, the contract entered into for the improvement of .Sidewalk District No. 32, authorized by resolution of the Commission of the City of Miami has been properly and completely done and said work duly accept- ed by the Jornmission of the :ity of Liiami; now, therefore, BE IT RESOLVED by the Commission of the Jity of Miami, that the City Manager be, and is hereby, directed to make and file with the City Clerk a preliminary assessment roll of said improvement as provided in Section 56 of the City Charter. BE IT FirliTL:,a RESOLVED, that upon the filing of said preliminary as- sessment roll, the City Clerk cause notice to be given in a newspaper pu- blished in. the City twice weekly for two weeks, stating that at a meeting of the Oommission of the City of iiiami to be held on a certain day and at a certain hour, not lass than twelve days from the date of the first publi- cation, any person whose property is described in said preliminary assess- ment roll, may appear and file written objections to the confirmation of the said preliminary roll. Moved by E. C. Romfh and seconded by J. I. ','Wilson that the said resolution be passed and adopted. On roll call the vote vas as follows: C. 1). Leffler, yes; J. E. Lum- mus, yes; J. I. ':Wilson, yea; J. H. Gilman, yes; E. J. Romfh, yes. Motion oarried and the said resolution passed and adopted. SUIT OF ALICE MATHEWS VS. JI'TY OF MIAMI AUTHORIZING CITY ATTORNEY TO APPEAL The Jity Attorney presented written communication under date of February 16th, in reference to the suit of Alice Mathews vs. City of Miami, and on motion of J. E. Lum- mus, seconded by J. E. Gilman, the said cornmunioation was ordered spread upon the min- utes: February 16th, 1923. The City Commission, Miami, Florida. Gentlemen: In re: Alice iathews vs. City of Miami. This suit which has been pending for a number of years was tried on yesterday, February 15th, and a verdict and judgment rendered against the City for the sure of orb , 000. There are reasonable grounds to believe that under the law the City is not liable at all, and I would recommend the authority to take the ne- cessary proceedings to enter and perfect an appear on behalf of the City. Yours very respectfully, A. J. RUSE Jity Attorney. Thereupon the following resolution, authorizing the City Attorney to take and perfect an appeal ia the said ease of Alice Mathews vs. City of Miami, was introduced by J. E. Lummus: RESOLUTION N0. 620. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO TAKE AND PER- FECT AN APPEAL II; i'IU JAJE O ALI'JE MATHEWS, A MINOR, BY HER NEXT FRIEND, DAVID .ATHEIYS. WHEREAS, final judgment was rendered in favor of Alioe Mathews and against the 'City of Liiami on February 15th, 1923, for the sum of five thouard dollars (wF,000.00) and ii�i'I 1 111111111111111111 ■11IIII Webttisrjr 2Oth, 1923. 165 MEM 1 i WHEREAS, the City Attorney reoommendd that he be authorized to take and perfect an appeal on behalf of the City, NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OP MIAMI: That the City Attorney be, and he is hereby, authorized to take an perfect an appeal on behalf of the City of Miami to the Supreme Court of the State of Florida. Moved by J. E. Lummus and seconded by J. I. Wilson that the said resolution be passed and adopted. On roll call the vote was as follows: C. D. Leffler, yes; J. E. Lumrnus, yes; J. I. Wilson, yes; J. H. Gilman, yes; E.G. itomfh, yes. Motion carried and the said re- solution passed and adopted. CALLING PRIMARY ELECTION TO VOTE FOR COMMISSIONERS An ordinance calling a primary election to vo was introduced by J. I. Wilson, and on his mo first reading and read by title only. Moved that the said ordinance be passed on its firs vote was as follows: 0. D. Leffler, yes; J. Gilman, yes; Romfh, yes. Motion carri reading by title only. ORDINANCE ON FIRST READING to for commissioners of the City of Miami, tion, seconded by E. C. Romfh, was given its by J. E. Lumrnus and seconded by J. H. Gilman t reading by title only. On roll call the E. Lummus, yes; J. I. Wilson, yes; J. H. ed and the said ordinance passed on its first CALLING REGULAR MUNICIPAL i,LECTION FOR THE IMECTION OF COMMISSIONERS ORDINANCE ON FIRST READING An ordinance calling the regular municipal election for the election of commissioners of the City of Miami, was introduced by J. E. Lummus, and on motion of E. C. Romfh, seconded by J. I. Wilson, the said ordinance was given its first reading and read by title only, Moved by J. E. Lumrnus and seconded by E. 3. Romfh that the said ordinance be passed on its first reading. 0n roll call the vote was as follows: 3. D. Leffler, yes; J. E. Lummus, yes; J. I. Wilson, yes; J. E. Gilman, yes; E. G. Romfh, yes. Motion carried and the said ordinance passed on its first readimz by title only. DIVIDING CITY Oi' MIAMI INTO NINE VOTING PRECINCTS ORDINANCE ON FIRST READING An ordinance dividing the City of Miami into nine (9) voting precincts was introduced by E. C. Romfh. On motion of J. I. Wilson, seconded by J. H. Gilman, the said ordinance was given its first reading and read by title only. Moved by J. I. Wilson and seconded by J. H. Gilman that the said ordinance be passed on its first reading. On roll call the vote was as follows: J D. Leffler, yes; J. E. Lummus, yes; J. I. Wilson, yes; J. H. Gilman, yes; E. 3. Romfh, yes. Motion carried unanimously and the said ordinance passed on its first reading by title only. ADJOURNMENT 9:40 A.M. At 9;40 a. m., there being no further business to come before the Board at this meeting, on motion of J. E. Lummus, seconded by J. E. Gilman, the meeting was adjourned. crr# OF Mi OOCUMENT MEETING DATE: INDEX FEBRUARY 20, 1923 ITEM NO, DOCUMENT IDENTIFICATION COMMISSION ACTION RETRIEVAL CODE N0. 1. 2. 3. AUTHORIZE PAYMENT OF $36,000 TO THE NYE ODORLESS CREMATORY COMPANY IN SETTLEMENT OF THEIR BILL IN THAT AMOUNT. DISTRICT SK-32 SIDEWALK IMPROVEMENT NO. 32. AUTHORIZE CITY ATTORNEY TO TAKE AND EFFECT IN THE CASE OF ALICE MATHEWS. R-626 R-627 R-628 1 00626 00627 00628