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HomeMy WebLinkAboutCC 1923-03-06 MinutesCITY OF COMMISSION MINUTES OF MEETING HELD ON March 6, 1923 PREPARED BY THE OFFICE OF THE CITY CLERK CITY MALL March 6th, 1923: 1111■IIIII111111 1 Ii1111IIIIiIIIIIIIIIIIII11111II1 IIII i 1 1 Y MINUTES OF THE LIEETING OF THE BOARD OF COMMISSIONERS OF THE CITY OF MIAMI, FLORIDA. On this 6th day of March, A. D. 1923 the Commission of the City of Miami rnet in regular session at the City Hall. The meeting was called to order at 9:00 o'clock a. m. by Chair- man Lefler and on roll call the following members were present: O. D. Leffler, J. E. Lummus, J. I. Wilson, J. H. Gilman, E. C. Romfh. READING 01 THE MINUTES OF FEB. 27th The Clerk read the minutes of the meeting of February 27th which were approved and accept- ed as written. REQUEST TO RE REIMBURSE MMRS. PITCHER FOR PROPERTY USED FOR STREET PURPOSES A. W. Corbett and W. F. Brown appeared before the Commission on behalf of I:irs. Alice Pit- cher and requested that the City reimburse Tars. Pitcher for her property which was used for street purposes in the opening up of N. E. Second Avenue between Sixth and Seventh Streets, known at that time as Avenue B, between Fifth and Sixth Streets. LIr. Corbett presented a written communication, which, on motion of J. I. Wilson, seconded by E. O. Romfh, was re - and ordered spread upon the minutes: The Honorable City Commission, Miami, Florida. Dear Sire: Miami, Florida, Marsh 5, 1923. I am addressing you relative to a lot belonging to Lars. Alice Pitcher. This lot is new used by the City of Miami for a street. It faces north on North East Seventh Street; and backs to the Flori- da East Coast R. _ . tracks that runs to their dock. It is fifty feet wide by one hundred and five feet deept. This lot was bought by Lirs. Alice Pitcher from Tom Liithcell on the 4/22/1906. She paid city taxes as well as state and county taxes from 1907 to 1911 inclusive, also paid an assessment made by the city for sewerage. She •,as in peaceful possession of this property for seven years. The city entered suit and she was enjoined from further possession of her property. You are all no doubt familiar with the circumstances. She has never been paid a cent b;; the city. I am told that one of the city attorneys recommended that she should be paid.. She has never been reimbursed for taxes and.::owerage assessment. We have been reimbursed by the Fort L:llas Land Jo. for a small amount, it being the price of the lot when they sold it to Tom Mitchell in 1905 for One Hundred and Eighty-nine Dollars ( 109) with accrude in- terest. They did not question the claim. Ere. Fitcher is very old and need's all that she can get for her support; and in as much us the city is now using this lot which is con- ceded to be very valuable for street purposes we ash your Honorable body to order her raid, a reasonable sum for her lot. We are willing that you aproint a board of appraisers if you see fit to, and we will abide by their. decision; in fact we have no desire for litigation in any way shape or form. We only ask that which we believe to be right and see that she is paid a reasonable value for the property. Yours truly, A. W. CORBETT, Agent. :.:r. Corbett also submitted Abstract of Title, which, on the above motion, was ordered referred to the Gity Attorney for an Opinion. MAIM OF LIRS. AIU:IE YELVIEGTUN FOR INJURIES SUSTAINED - DEFECTIVE SIDEWALK The "Jit:,r Attorney presented written communication under date of February 28th, 1923, in re- ference to the claim of Mrs. Annie Yelvington for injuries sustained by reason of a defect- ive sidevall•:, v.hich vr;., on motion of J. 2. Lummus, seconded by E. C. Romfh, ordered spread upon the minutes: The City Commission, Miami, ^lorida. In re: Claim of furs. Annie Yelvington. Gentlemen: I am notified by R. 3. Moseley, attorney for Lirs. Annie Yelvington, that about December :30th, 1922, she sustained injuries while walking east- ward on the sidewalk on the :South side of Northeast Fifth Street at or near the intersection of Northeast .First Avenue, the claim; being that the side- walk was defective. I request that the matter be referred to the City Manager for the us- ual investigation and report to the Legal Department. Yours very truly, A. J. ROSE City Attorney. Miami, Florida. Feb. 28th, 1923. Cn motion of J. E. Lummus, seconded by E. $ornfh, the matter was referred to the City :.:ana.-er for investigation and report back to the Commission. LEVYI1;v TAX Ur ACTUAL JUST U}, UL.I,ING LOTS AS SET FORTH IN THE RESOLUTION A rea.,lution levying tax of the actual cost of cleaning and making sanitary and free from weeds the properties.and lots described in said resolution was offered by J. I. Wilson: . 174 March 6, 1923. EE ME IN am Moved by J. I. '.iilson and seconded by J. TT. Gilman that the said resolution be passed and NI adopted. On roll call the vote thereon was as follows: 11. D. Leffler, yes; J. E. Lum- mus, yes; J. I. Silson, yea; J. L. Gilman, ,yes; E. 0. Romfh, yes. Lotion carried and EN the said resolution passed and adopted. 1li AUTHOiiILIJ G ALVEaTIssas.aT FUR BIDS FUR CONSTRUCTION OF WAREHOUSE 01; PIER NO.1. 11 1' Pursuant to directions given at the last regular meeting the City LIanager presented plans and specifications for construction and erection of Warehouse on Pier No. 1 et L':azlicipal mm. Docks, and thereupon the following resolution, authorising the City Manager to advertise ME.for bids, was introduced by J. H. Gilman: RES ClLUTION NO. 640. A RBSOLUTION LEVYING 'TAI OP THE ACTUAL COST OF CLEAN- ING AND MAXING SANITARY AND FREE PROLI WEEDS THE PRO- PERTIES AND LOTS HEREIN DESCRIBED. WHEREAS, on September 12th, 1922, the Commission of the City of Miami pa:=sed and adopted Resolution No. 505, Which directed the City manager to remove or cau:~e to be removed the weeds from, and to clean and make sani- tary the lots and parcels of land in the City hereinafter described, and to .keep an accurate and correct account of the actual cost of cleaning said lots of weeds and making the same clean and sanitary, and to make report thereof to the Commission soy that the cost thereof might be properly assess- ed against each of the said lots and parcels of land and charged to the own- ers or occupants of said lots or parcels of land, and WHEREAS, the City Manager has reported that he has caused to be clean- ed in pursuance of said Resolution Do. 505, the lots hereinafter described on the day set forth in said report and at the actual cost for each lot as set forth in said report, said report also showing the name of the owner or occupant thereof, and WHEREAS, the City Jornmission does find that said report is correct and that the actual cost of said wort: for each of said lots is as set forth in said report of said Jity Manager, ROW, ThER F OS , BE IT RESOLVED BY 'TEE CULII,IISSIOib GP THE CITY UP LMIAMI, that the said report of the said Jity Manager be, and the same is hereby, confirmed, and that the said work is hereby accepted, and that each of the said lots is hereby assessed with the actual cost of the cleaning thereof as follows: (Assessment Roll, setting forth each lot so clean- ed together with the date cleaned and the amount assessed against each lot, contained in the origi- nal Resolution as passed and adopted by the Commi- 5sion) BE IT FURTBSR R S0LVSD, that within ten days after the date of the passage and approval of this resolution that a copy of the same be deliver- ed to the Director of Finance and the Di:actor of Finance is hereby ordered, thirty days after the date of this resolution, to make collection of the assessments as required by lave. RESOLUTION DO. 641. A RESOLUTION AUTIiCRILIDG THE CITY MANAGER TO ADVEiiTI..iE FuS BIDS FuR THE ERECTIOI AID COII- STRUCTION OF A TA_EII0USE 01: PIER NO. 1. BE IT RESOLVED by the 'Commission of the City of Miami, that the 0ity Manager be, and he is hereby, authorized and directed to advertise for bids for the erection and construction of a ware- house on Pier So. 1 at the --unicipal Docks. Moved by J. H. Gilman and seconded by E. J. Romfh that the said resolution be passed and adopted. On roll call the vote thereon was as follows: C. D. Leffler, yes; J. S. Lummus, yes J. I. Wilson, yes; J. H. Gilman, yes; 3. C. Romfh, yes. Motion car- ried and the said resolution passed and adopted. 0CS ISMING PSELIMIDARY aSSEJbi.L0UT ROLL SIDEWALI: ILIPROMENT N0. 32. The Jity Jerk reported that pursuant to directions given at the February 2Cth, meeting by Resolution No. 627, he had caused notice to be given in the MIA1tMI METROPOLIS that the Commission could on this date receive and consider all written objections to the confir- mation of the i reliminary Assessment Roll for Sidewalk Irnprovement No. 32, and thereupon it ass anaounced that the Commission was ready for receive anC. consider any objections to the confirm .tiun of the said improvement. Thorn being no objections filed the follow - in: resolution, confirming the said preliminary assessment roll, was introduced by J. H. Gilman: Ri:SOLU1'I0h NO. 642. DISTRICT S; -32. SIDEWALK II.H? 0VEI.iiIIiT 110. 32. iffiEiirlAS, the JityJomrnission of the City of Miami, Florida, met on the 6th day of March, 19a3, pursuant to the notice of said meeting under Section 56 of the Jity Charter, to hear all written objections to the confirmation of the rrel iainary assessment roll of Sidewalk Improvement Do. 32, District Sk- 32, by any person whose property is described in said preliminary roll; and ',,li..!SSAS, the Coimnissiun of the City of Miami, having received and con- sidered all written remonstrances filed to the confirmation of the preliminary assessment roil by any persons whose property is described in said roll. T1..:._L':2sSE SE IT RESOLVED by the Corainiasion of the City of I1iarni, that the prima facie arse:.:-ment, as indicated on said preliminary assessment roll, be and is in al_ thins co..firraed and sustained against any and all lots or par- cels of ,rrouno described thereon. ti; 44 March 6th, 1923. . BE IT FURTHER RESOLVED that the sums and amounts againot each of the lots or parcels of ground in said preliminary assessment roll are less than the amount that each of said lots or parcels of ground is benefited by said improvement and that such amounts are in proportion to the special benefits, and that the proportion of said cost to be paid by said City of Lliarni on account of highvny intersection is the sum set oppooite to the same therein. The total cost of the said improvement, in the ::urn of .;15,329.16, is hereby approved and confirmed. ' BE IT FURTHER RESOLVED, that ten (10) days after date of this confirma- tion of said asse::-rnent roil the same be delivered to the Director of Finance, and the Director of Finance is hereby ordered, thirty (30) days after date ' of this resolution to male collections of the assessments therein as required by law. Moved by J. H. Gilman ar:d seconded by J. E. Lummus that the oaid resolution be passed and adopted. 0n roll ;ail the vote was as follows: J. J. Leffler, yes; J. E. T,ummus, yes; J. I. Wilson, yes: J. H. Gilman, yes; E. J. Rorrfh, yes. Motion carried and the said resohttion passed and adopted. AUTHORIZING DEEPEIiING OF LIIAMI RIVER AT S. W. SECiND AVENUE (OLD AVENUE G) BRIDGE The City Manager presented to the Commiscion a written communication addressed to him by the Director of Public ae.rvice, to which vas attached communication from M. P. Comer, of -the Comer-Ebsary Foundation Company, addressed to the Director of Public Service, in re- ference to the deepening of the Miami River at the S. W. Second Avenue (Old Avenue G) Bridge, which said communications were, on motion of E. C. Romfh, seconded by J. I. Wil- son, ordered spread upon the minutes: Lr. F. R. Wharton, City Manager, City of L;iarni, Fla. Dear Sir: - Miami, Fla., March 6, 1923. It was suggested at a meeting of the Commissioners that, as it is probable that the LIiar.:i River v;ill have to be deepened in a few years, it would be more economical to dredge that part of the river at S. W. 2nd Avenue before the bridge at that location is built, thus avoiding any dan- ger of damage to the bridcre, which might happen if the dredging were done after the bridge was completed. In accordance with ic.structions of the Commissioners, I had sound - Lars made at the site of the bridge, in order to report on the amount of material to be excavated and to estimate the cost thereof. The measurements I have made would provide a channel G0 feet in width through the brill;e and extending 100 feet beyond the bridge on each side. he amount of exca•, tion required will be approximately 3,500 cubic yards. 1.;; cn ti^ate of th cot of this ;ori: was approximately 0,000.0C I a:n submitting herewith proposition from the Comer-Ebsary Com- pany, to make tl:is excavation, also to excavate a trench across the river, in Which to place the submarine cable::, at ,,;1.25 per cubic yard, providing they can use material excavated as fill on the bridf:e approach. In my opinion, this excavation cannot be made at this price, ex- cept for the fact that the Jomer-r:bsary Company can use this material, as set out in their proposition. I would, therefore, recommend that a con- tract be entered into with Corner-i;bsary 'Jompany to make this excavation, on account of the price bid, also for the further reason that, being the con- tractors for the construction of the bridge, they will be responsible for any damage done. Reepoctfully submitted, CHAa. Lfl.J:.RAY Director of Public Service & Welfare The Jity Commission, Gentlemen: I hereby concur v:'ith the above recommendation of the Director of Public Service and reco:..rrerd that the City enter into a contract with the Comer-rbsary Company for the excavation as stated in the letter of Mr. Mur- ray, as their bid on doing this work is about half of what it would cost the City to do the excavation. Signed, F. H. W AiiT0N Jity Manager ******************* ler. J. H. Murray, 'aireotor of Public Service, City of Miami, Florida. Miami, Fia., Feb.26, 1923. Dear Sir: - With reference to our conversation of yesterday, relative to ex- cavatir.,7 river channel at Southwest 2nd Avenue Bridge, beg to advise that we will excavate the channel to the required depth, for the sum of OS DOL- LA_I Al 1) T',;s1ll'Y-i'IVE CTS (41.25) per cubic yard, providing we can use the material excavated as fill on the approaches of the new bridge. e would like to begin this wort: at onto. Yours very truly, The Corner-Ebsary Foundation Company. By 1.I. F. COMER Thereupon the following resolution, authorizing the City Manager to enter into contrast witi. the 7omer- Ebsary Foundatien Company for the deepening of the River Channel, was i11- traduced by J. E. Lummus: 175 Marsh 6, 1923. Z7 a RESOLUTION NO. 643. A RESOLUTION AUTHORIZING THE DEEPENING OF CHANNEL IN MIAMI RIVER AT S. W. SECOND AVENUE (OLD AVENUE G) BR/DOE AND PROVIDING FOR PAYMENT OF C08T OF SANE OUT OF THE S. W. SECOND AVENUE (OLD AVENUE G) BOND FUVD. WHEREAS, communication has been submitted by the Director of Publio Service recommending the present deepening of the River at the 6. W. Se- cond Avenue Bridge and showing the necessity for same, and • WHEREAS, the City Manager recommends and concurs in the action for the present deepening of the diver at S. w. Second Avenue (Old Avenue G) Bridge; now, therefore, BE IT RESOLVED by the Commission of the City of Miami, that the City Manager be, and he is hereby, authorized to enter into contract with the Comer-Ebsary Foundation Company for this work. flE IT FURTEER RESOLVED thfct the payment of cost of same be made from the 8. W. Second Avenue (Old Avenue G) Bond '.Aind. Moved by J. E. Lummus and seconded by J. I. Wilson that the said resolution be passed and adopted. On roll c:all the vote was as follows: C. D. Leffler, yes; O. S. Lummus, yes; J. I. Wilson, yes; J. H. Gilman, yes; E. C. Romfh, yes. Motion carried and the said resolution passed and adopted. ADJOURMENT 10:10 A. M. At 10:10 a. m., there being no further business to some before the Board at this meeting on motion of J. E. Lummue, seoonded by J. I. Wilson, the meeting was adjourned. ATTEST: .t* •-• • CITY OF MIAMI DOCUMENT MEETING DATE: INDEX March 6, 1923 ITEM NO DOCUMENT IDENTIFICATION COMMISSION ACTION RETRIEVAL CODE NO. 1 2 LEVYING TAX OF THE ACTUAL COST OF CLEANING AND MAKING SANITARY AND FREE FROM WEEDS THE PROPERTIES AND LOTS DESCRIBED IN THIS RESOLUTION R-640 AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR THE ERECTION AND CONSTRUCTION OF A WAREHOUSE ON PIER NO. 1 R-641 3 SIDEWALK IMPROVEMENT NO. 32 R-642 4 AUTHORIZING THE DEEPENING OF CHANNEL IN MIAMI RIVER AT S.W. SECOND AVENUE BRIDGE R-643 00640 00641 00642 00643 flit"