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HomeMy WebLinkAboutCC 1923-05-08 MinutesCOMMISSION MINUTES OF MEETING HELD ON May 8, 1923 PREPARED BY THE OFFICE OF THE.CITY CLERK CITY HALL 22u May 8th, 1923. MINUTES OF THE MEETING OF THE BOARD OF COMMIISSIONERS OF THE CITY OF MIAMI, FLORIDA. 0n this 8th day of May, A. D. 1923, the Commission of the City of Miami met in regular session at the City Hall'in Miami, Florida, at 9:00 o'clock a. m., there be- ing present the following: C. D. Leffler, J. E. Lummus, J. I Wilson, E. C. Romfh. $EADING OF MINUTES MINUTES OF APRIL 24th AND MAY 1st The Clerk read the minutes of the meeting of April 24th and May let, which were approv- ed and accepted as written. AMENDING RESOLUTION AUTHORIZING $2.730.000 BONDS. COMMUNICATION FROM CITY ATTORNEY Communication from the City Attorney in referenoe to the $2,730,000 Bond Issue was received and on motion of J. E. Lummue, seoonded by J. I. Wilson, was ordered filed and spread upon the minutes: The City Commission, City of Miami, Florida. Gentlemen: Miami, Florida, May 7th, 1923. In re: $2.730.000 Munioipal Improvement Bonds. United States Mortgage & Trust Company of New York ad- vises that their price for lithographing this bond issue will be • $2659.00, and for printing and mailing oiroular of sale and blank proposal to their selected list of.dealers and investors. there will be an addtional charge of $27.50, should the circular be three pages, or 430.00 should the circular be four pages. . The Company states that if delivery is desired outside of New York City, against receipt only, there will be an addition- al charge of registered mail and insurance incurred in delivering the bonds. If delivery is desired outside of New York City, and proceeds collected there will be an additional oharge required by the New York Clearing House, together with registered mail and in- euranoe. The Company advises that it is now paying the principal and interest of several issues of the City of Miami, Florida, and it.would like to act in a like capacity for this issue, upon the same charges as in the past, namely: free of oharge providing New York Funds are furnished ten days prior to the payment dates, or if this is not convenient and New York Funds are furnished them prior to the payment dates but less than ten days, they will make a nominal charge of of i% for the payment of interest and 1/20 of 1% for the payment of principal. This offer is alongthe lines and upon the same basis as the previous prices charged for previous bond issues. Yours very truly, A. J. ROSE City Attorney The following resolution, amending a resolution adopted May 17th, authorizing $2, 730,000 Manioipal Improvement Bonds, was introduoed by E. C. Romfh: RESOLUTION N0. 745. A RESOLUTION AMENDING A RESOLUTION ADOPTED MAY 17, 1923, ENTITLED "A RESOLUTION AUTHORIZING $2,730,000 MUNICIPAL IMPROV}WNT BONDS." BE IT RESOLVED BY THi COMMISSION OF TEL CITY OF MIAMI: That Section 1 of a resolution adopted April 17, 1923, entitled "A RESOLUTION AUTHORIZING 42,730,000 MUNICIPAL IMPROVEMENT BONDS" be and ie hereby amended so as to read as follows: "Section 1: That pursuant to the vote of the electors duly quali- fied, taken at an election held March 20th, 1923, pursuant to Ordinance No. 157, 42,730,000 negotiable coupon bonds of the City of Miami shall be issued under date of June 1, 1923, bearing interest as five per eentum per annum, which interest shall be payable on the first days of June and December in each year, and both principal and interest shall be payable in gold ooin of the United States of the present standard of weight and fineness, at the Un- ited States Mortgage & Trust Company in New York City, and that the prinoi- pal of said bonds shall be payable on the first day of June of the years pro- vided for their maturities by said Ordinance No. 157." Motion by C. Romfh, seoonded by J. I. Wilson, that the said resolution be passed and adopted. 0n roll call the vote thereon was as follows: C. D. Leffler, yes; J. E. Lum- mus, yes; J. I. Wilson, yes; E. C. Romfh, yes. Motion carried and said resolution pass- ed and adopted. CONFIRMING RESOLUTION ORDERING HIGHWAY IMPROVEMENT N0. 190 AND CALLING FOR BIDE Pursuant to notice published in the MIAMI METROPOLIS it was announced that the Commis- sion would receive and consider remonstrances to the confirmation of resolution order- ing Highway Improvement No. 190. No remonstranoee to the confirmation of said resolution were filed and thereupon the following resolution was introduood by J. I. Wilson: sriy�4atdCA6�5 t,.ardA3 hi-45" + a r. RESOLUTION NO. 746. May 8th, 1923. 227 t DISTRICT H-190. HIGHWAY IMPROVEM1NT,NO. 190. WHEREAS, L.he Commission of the City of Miami, by resolution passed and adopted the lst day of May, 1923, ordered Highway Improvement No. 190,, District H-190, and the City Manager, under the direction of the Commission of the City of Miami, has prepared and filed with the City Clerk plane and speoifioatione of ouch improvement and an estimate of the cost thereof, in- cluding an estimate of the cost of the inoidental expenses of said improve- ment, and WHEREAS due notice by publication as required by the City Charter has been made that the Commission of the City of Miami would on the 8th day of May, 1923, at the City Hall, at 9:00 a.m. o'clock , reoeive and hear the re- monstrances of all interested persons to the confirmation of said resolution ordering said improvement, and all remonstrances received having been heard and ooneidered by the Commission of the City of Miami; therefore, BE IT RESOLVED by the Commission of the City of Miami, that the said resolution of the Commission of the City of Miami, ordering Highway Improve- ment No. 190, District E-190, be and the same is hereby confirmed. BE IT FURTHER RESOLVED that the City Clerk oause to be published at least once in the MIAMI METROPOLIS, a newspaper of general circulation in Miami, Florida, a notice calling for sealed bids to be received by the Commission of the City of Miami on the 29th day of May, 1923, at 9:30 a. m. o'clock, for the construction of the said work. Said notice shall state the improvement is to be constructed, and paid for in cash, under Seotion 56, of the City Charter. Any bid covering work to be done under more than one resolution shall be in such form as to permit a separation to be made of the post under each resolution. Each proposal must be accompanied by a certified check up- on a bank or trust company of Florida, in the amount of 20 of the amount of the bid, payable to the City of Miami, to insure the execution of the oontract and bond to carry out the work in accordanoe.with the plans and specifications. All bids will be opened and award of contract made or all bids rejected. After an award has been made, the checks of all bidders, other than the one to whom the contract has been awarded, shall be returned. In default of the entering into of such contract, the certified check re- quired to accompany such bid shall be forfeited to the City of Miami, Flori- da, not as a penalty, but as liquidated damages for the delay or additional cost which may be inourred by the City, by reason of such default. No bid will be permitted to he withdrawn for any reason whatever after having been filed with the Clerk. Motion by J. E. Lummus, seconded by E. 0. Romfh, that the said resolution be passed and adopted. On roll call the vote was as follows: C. D. Leffler, yes; J. E. Lum- mus, yes; J. I. Wilson, yes; E. C. Romfh, yes. Motion carried and said resolution passed and adopted. BIDS FOR CONSTRUCTION OF HIGHWAY UNDER IMPROVEMENT NO. 193 REFERRED TO SERVICE DIRECTOR This being the day set for the reoeiption of bide for Construction of Highway Im- provement No. 193, the bid of J. F. Morgan Paving Company was received together with certified check. There being no other bide,on motion of J. E. Lummus, seconded by E. C. Romfh, the bid was referred to the Directorof Public Service and Welfare for the purpose of tabulating. with instructions to.report back to the Commission at the next regular meeting. APPROVING CONTRACT BETWE1U CITY AND BUNNELL & CAIL SIDEWALK CONTRACTS 22 AND 23 The City Manager presentad contract and bond between the City and Geo. E. Bunnell and Geo. F.Cail, composing the firm of Bunnell & Cail for the construction of sidewalks under sidewalk contracts 22 and 23, thereupon upon motion of J. E. Lummus, seconded by J. I. Wilson, it was resolved that the contract and bond be and are hereby approv- ed by the Commission and the City Manager is hereby authorized and directed to exeoute said oontracts for and on behalf of the City of Miami, upon approval as to their form and correctness by the City Attorney. 0n roll call the vote was as follows: C. D, Leffler, yes; J. E. Lummus, yes; J. I. Wilson, yes; E. C. Romfh, yes. Motion unani- mously carried. AWARDING CONTRACTS FOR STREET PAVING CONTRACTS 41, 42 AND 43. The City Manager presented communication addressed to him, under date of May 7th, 1923, from the Director of Public Service and Welfare, showing tabulation of bids received for street paving on May let, 1923, and on motion of J. I. Wilson, seconded by J. E. Lummus, said communication was ordered filed and spread upon the minutes: Lir. F. H. Wharton, City Manager, City of Miami, Fla. Dear Sir: Miami, Florida, May 7, 1923. I am submitting herewith report showing tabulation of. bide for street paving, received by the City Commissioners May let, 1923. SHEET ASPHALT PAVING Paving Contract No. 41. J.F.Morgan Paving Co., Miami, $269,696.57 100 des. Murray Construction Co., Knoxville, Tenn. 320,860.49 170 Wills & Sons & MoCarthy & Adams, Evans Co. Jax. 306,920.83 150 " Wm. P.MoDonald Construction Co., Tampa 282,782,.79 7 months. Dixon Construction Co., Savannah, Ga. - 328,022.56' 200 des. t •:itkL:cli tT itAniTot qttpAttRig May 8th, 1923. 1111111111111€11111111111111111111111111M11111111111111111111111111111111111011111111111111111 111111111111111111 IIII II III 111111111111111111111111 ASPHALT MACADAM PAVING Paving Contract No. 42. 1. S. Mo ihey, Miami, Florida $146,721.34 150 H. L. Clark & Sons, Miami . . 148,265.88 180 J. F. Morgan Paving Co., Miami 148,919.82 180 Wills & Sons & McCarthy & Adams, Evans 0o. . . ,165,716.20 150 J. J. Quinn Co 155,947.50 150 days. " rt " " Paving Contract No. 43. 11 $. MoGahey $149,611.82 150 " H. L.Ciark & Sons 159,085.56 180 " J. F. Morgan Paving Co 153,905.37 180 " Wills & Sons & McCarthy & Adams Evans 0o. . . 165,105.95 150 " J. J. Quinn Co 150,566.34 150 " Thomas & Sweet Co. 259,448.42 Nov.15,1923. The low bidders on thr.,: z oontraots, as shown by this tabulation, are as follows: Sheet Asphalt Paving J.F.Morgan Paving 0o. Asphalt Macadam Paving, Contraot 42 . . T. B. MoGahey Asphalt Macadam Paving, Contraot 43 . . T. B. MoGahey I reoomnend that each of these contracts be awarded to the low bidder. Very respectfully, CHAS. W. MURRAY Director of Public Service & Welfare And it appearing from the communication that the J. F. Morgan Paving Company of Miami, Florida, was the lowest responsible bidder for sheet asphalt paving under contract No. 41, and T. B. MoGahey Company, of Miami, Florida, was the lowest responsible bidder for Asphalt Macadam Paving contract No. 42 and T. B. MoGahey Company was the lowest respon- sible bidder for Asphalt Macadam Paving under contract No. 43, thereupon the following resolution awarding contracts to the lowest responsible bidder for each of said con- tracts was introduced by E. C. Romfh: RESOLUTION NO. 747. A RESOLUTION AWARDING CONTRACTS TO TES LOWEST RES- PONSIBLE BIDDERS ON PAVING CONTRACTS NO. 41, 42 AND 43. WHEREAS, it appears from the report of the Director of Public Service that the J. F. Morgan Paving Company is the lowest responsible bidder for paving under Contraot No. 41, and T. B. LIoGr.hey Company is the lowest res- ponsible bidder for paving under Contract No. 42, and T. B. MoGahey Company is the lowest responsible bidder for paving under contract No. 43; therefore, BE IT RESOLVED by the Commission of the City of Miami, that the bid of J. F. Morgan Paving Company for Sheet Asphalt Paving Contract No. 41 at and for the price of 0269,696.57 be and is hereby accepted. BE IT FURTHER RESOLVED that the bid of T. B. MoGahey Company for Asphalt Macadam paving under Contract No. 42 at and for the sum of $146,721.34 be and is hereby accepted, and that the bid of T. B. MoGahey Company for Asphalt Mao- adam paving under oontract No. 43 at and for the sum of 0149,611.82 be and is hereby accepted. BE IT FURTHER RESOLVED that the City Manager present to the Commission at its next regular meeting contracts and bonds of the successful bidders to be approved by the City Commission. Motion by J. E. Lummus, seconded by J. I. Wilson, that the said resolution be passed and adopted. 0n roll call the vote thereon was as follows: C. D. Leffler, yes; J. E. Lum- mus, yes; J. I. Wilson, yes; E. C. Romfh, yes. Motion carried and the said resolution passed and adopted. REQUEST OF WOMENS RELIC' ASSOCIATION TO CANCEL LIEN AGAINST PROPERTY Mrs. H. J. Egger and others, representing the Womans' Relief Association, appeared be- fore the Commission and presented bill against the Association of the City of Miami for paving, storm sewer and laterals, aggregating the principal amount of $553.48 together with communication addressed to the Secretary of the Assooiation by the City Attorney under date of January 2, 1923, and upon motion of J. E. Lummus, seconded by E. C. Romfh, the communication of the City Attorney addressed to the Secretary of said Association was ordered spread upon the minutes: Miami, Florida, January 2nd, 1923. Mrs. J. Roy Tracy, Secretary Women's Relief Ass'n., Box 35, Route 1, Miami, Florida. Dear Lars. Tracy: - I have your letter of Deoember 29th enclosing notice of spe- cial improvement liens on the property of the Association.' The property, under the law, is exempt from taxes, but it ie. not exempt from special improvements liens and you will have to arrange in some way for their payment. The liene are past due, but you might possibly arrange with Mr. W. A. Kohlhepp,Direotor of Finance, to pay some proportionate part thereof and the balance later. I am herewith returning the lien notice. Yours very truly, A. J. ROSE City Attorney R QUUEST OF W0M1N'3 RELIEF AS30CIATI0N May 8th, 1923. TO CANCEL LIENS AGAINST PROPERTY 22 4 Thereupon the following resolution, authorizing the Director of Finanoe to oanoel liens against the property of the Women's Relief Assooiation for apeoial improvements, was in- troduced by J. I. Wilson: RESOLUTION N0. 748. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO CANCEL LIENS AGAINST THE PROPERTY OF THE WOMEN'S RE- LIEF ASSOCIATION FOR SPACIAL IMPROVEMENTS. BE IT RESOLVED by the Commission of the City of Miami, that the sum of .713.77 be, and is hereby, appropriated from the Charity Fund for the pay- ment to the Interest fund and Sinking fundfor the purpose of paying off and discharging paving lien in the prinoipal sum of " 63.27, Storm Sewer Lien in the principal sum of $26.21 and Lateral Assessment in the principal sum of $11.13, together with interest, asseesed against the property of the Wo- men's Relief Assooiation, and the Director of Finance is hereby authorized and directed to note upon the records of his office the payment thereof as provided for by this resolution. Motion by J. I. Wilson, seconded by E. C. Romfh, that the said resolution be passed and adopted. 0n roll call the vote was as follows: C. D. Leffler, yes; J. E. Lummus, yes; J. I. Wilson,yes; E. C. Romfh, yes. Motion oarried and the said resolution passed and adopted. REQUEST THAT CITY ALLOW PURCHASE PRICE OF LOT OF MRS. ALICE PITCHER TAKEN FOR STREET Mr. A. W. Corbett appeared before the Commission on behalf of Mrs. Alice Pitcher and re- quested the Commission to reconsider the action taken sometime ago in reference to reim- bursing Mrs. Pitcher for the purchase price of lot taken by the City for Street purposes. Mr. Corbett stated that upon investigation it was found that Tom Mitohell, from whom Mrs. Pitcher purchased the lot, is dead and that Mrs. Pitcher has no one to look to except the City if she is to be repaid the purchase price, whioh amounts to $410. Mr. Corbett was told that the matter would be taken up and he would be notified, after consideration by the Commission, of just what aotion was decided. REQUESTING INTERNAL IMPROVEMENT BOARD TO DEED BAY BOTTOM TO CITY -CERTAIN PARTS NOT NOW OWNED Mr. Fred L. Weed, Secretary of the Chamber of Commerce, appeared before the Commission and presented telegram addressed to E. G. Sewell, President of the Miami Chamber of Com- merce, from J. W. Watson, of Miami, and C. D. Leffler, Mayor, presented to the Commission telegram addressed to him as Mayor of the City of Miami from J. W. Watson. 0n motion of J. I. Wilson, seconded by E. C. Romfh, said telegrams were received and ordered filed and spread upon the minutes: TALLAHASSEE FLO E G SEWELL PRESIDENT C OF 0 MIAMI FLO HAVE OHAMBER WIRE STRONG RESOLUTIONS OPPOSING SELLING OF SUBMERGED LANDS IN THE IiMEDIATE FRONT OF MIAMI HOT CLIMATE SANITARY CONDITIONS SEWERS IN BAY DESTROYS VIEW AND BREEZE OBSTRUCTS NAVIGATION AND ETC GIVE AS REASONS WILLARD AND I HAD A CONFERENCE WITH GOVERNOR THIS MORNING TALKED GOOD WANTED A MAP SHOWING CONDITIONS I HAVE ASKED FOR ALL SUBMERGED LAND IN CITY LIMITS FROM COLLINS BRIDGE TO MIAMI RIVER MAIL COPY TO HIM AS CHAIRMAN OF THE BOARD AND MAIL COPY TO ME HAVE CITY COMMISSIONERS DO THE SAME DO THIS PROMPTLY J W WATSON Thereupon the following resolution was introduced by E. C. Romfh: RESOLUTION N0. 749. A RESOLUTION REQUESTING THE TRUSTEES OF THE IN- TERNAL IMPROVEMENT FUND TO CONVEY TO THE CITY OF MIAMI ALL OF THE SUBMERGED LANDS NOT NOW OWNED BY SAID CITY IN BISCAYNE BAY WITHIN THE LIMITS OF SAID CITY AND SOUTH OP COLLIN'S BRIDGE. BE IT RESOLVED by the Commission of the City of Miami, that the Trustees of the Internal Improvement Fund are requested upon behalf of the City of Miami to convey to said City all of the submerged lands, not now owned by the City, in Biscayne Bay within the limits of the City of Miami south of Collin's Bridge to said City. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded by the City Clerk to Honorable Cary A. Hardee, Chairman of the Internal Improve- ment Board at Tallahassee and a copy forwarded by the Clerk to J. W. Watson at Tallahassee and a copy to B. C. Willard at Tallahassee. Motion by E. C. Romfh, seconded by J. E. Lummus, that the said resolution be passed and adopted. 0n roll call the vote was as follows: C. D. Leffler,yes; J. E. Lummus, yes; J. I. Wilson, yes; E. O. Romfh, yes. Motion carried and the said resolution passed and adopted. CONTRACT FOR COMPLETION OF FIRE ENGINE HOUSE4 APPROVED APPROPRIATION FOR FINISHING The question of the completion of the Southside Fire Engine Houso 44 came up for consi- deration and it appearing that the Maryland Casualty Company has ignored the request of the City to complete said building, the following resolution, accepting the bid of the Robt. B. McCalley Company for the oempletion of said building, and appropriating. the sum of money neoessary to complete such building, was introduoed by J.E. Lummus: -r s ,.s 230. May 8th, 1923. i RESOLUTION NO. 750. 11111111111111111111111111,11 1111111 I 1111111111111111111111111111111111111111111111in1e1 I1111II1il®■III11111IIIIIVIII II1111,1 IIIII A.RESQLUTION ACCEPTING THE BID OF THE ROBT. B. MCCALLEY COM- PANY FOR COMPLETION OF FIRE ENGINE HOUSE #4 AND APPROPRIATING TH# SUM OF $9,438.00 FROM GENERAL FUND SURPLUS FOR THE PURPOSE of COMPLETING SAID CONTRACT, AND PROVIDING FOR THE REIMBURSE- MENT OF THE GENERAL FUND SURPLUS WHEN FUNDS ARE AVAILABLE. WHEREAS, it appears from tabulation of bide received April 24th, 1923, for oompletion of Fire Engine House #4 that the Robt B. McCalley Company is the lowest responsible bidder for oompletion of contract for the sum of $19, 950, and the original oontraetor, Peter E. Bartnett, not having oompleted the contract and having abandoned the same, and WHEREAS, it appears that the sum of money on hand to complete said build- ing on the basis of the original oontraot to Peter E. Bartnett is $10,512.00, and the request made to the Maryland Casualty Company to pay the difference between the balanoe on hand with the City to complete said contract and the amount of the bid of Robt B. MoCalley Company having been ignored, and it be- ing neoessary to complete the eaid oontraot according to the original plane and specifications; now, therefore, BE IT RESOLVED by the Commission of the City of Miami, that the bid of Robt. B. McCalley Company for the sum of 019,950.00 for oompletion of said Fire Engine House #4 be, and is hereby, aocepted and the City Manager is au- thorized to have the contract and bond prepared and to execute same on behalf of the City of Miami with the Robt. B. MoCalley Company for said sum of money. BE IT FURTHER RESOLVED that the sum of $9,438.00 be, and the same is hereby, appropriated from the GENERAL FUND SURPLUS to the credit of the Fire Department Bond Fund for the purpose of paying for the oompletion of the said contract, said sum of money to be reimbursed to the GENERAL FUND SURPLUS when funds are available. Motion by J. E. Lummus, seconded by E. C. Romfh, that the said resolution be passed and adopted. On roll call the vote was as follows: C. D. Leffler, yes; J. E.Lummus, yea; J. I. Wilson, yes; E. C. Romfh, yes. Motion carried and the said resolution passed and adopted. REPORT OF CASES APPEALED FROM MUNICIPAL COURT DISPOSITION OF IN CIRCUIT COURT Communication from the Assistant to the City Attorney addressed to the Commission under date of May 3rd, 1923, reporting the disposition of oases appealed from the municipal court to the circuit court, was received and ordered filed and spread upon the minutes: Miami, Florida, May 3rd, 1923. The City Commission, City of Miami, Fla. Gentlemen: The following appealed oases from the Manioipal Court to the Cirouit Court have been called up for argument and disposition before Judge H. F. Atkinson, and I have euooeeded in having same affirmed; Jack Brazzo vs. City of Miami, T. Pero ve. City of Miami, R.W. Green va. City of Miami, Charlie George vs. City of Miami, Frank M. Kirkland vs. City of Miami. I have notified the Chief of Police in these oasesand he has collected the fines imposed. Yours very truly, J. W. WATSON, Jr. Asst. to City Attorney. ADJOURNMENT 11:20 A, M. At 11:20.a. m., there being no further business to come before the OoMedesion at this meet- ing, on motion duly made and seconded, the meeting was adjourned. • ATTEST: rt- me r111Al1R11E11111'1REl11'1711111111,1i11111l Afftftt DOCUMENT INDEX MEETING DATE: May 8, 1923 ITEM NO DOCUMENT IDENTIFICATION 1 AMENDING RESOLUTION AUTHORIZING $2,730,000.00 IMPROVEMENT BONDS 2 CONFIRMING RESOLUTION ORDERING HIGHWAY IMPROVEMENT NO. 190 3 AWARDING CONTRACT TO THE LOWEST REPONSIBLE BIDDERS ON PAVING CONTRACTS NO. 41, 42 AND 43 4 AUTHORIZING THE DIRECTOR OF FINANCE TO CANCEL LIENS AGAINST THE PROPERTY OF THE WOMAN'S ASSOCIATION FOR SPECIAL IMPROVEMENTS 5 REQUESTING INTERNAL IMPROVEMENT FUND TO CONVEY TO CITY OF MIAMI ALL SUBMERGED LAND IS BISCAYNE BAY WITHIN CITY LIMITS 6 ACCEPT BID-R. B. McCALLEY CO. FOR COMPLETION OF FIRE ENGINE HOUSE # 4 COMMISSION ACTION R-745 R-746 R-747 R-748 R-749 R-750 RETRIEVAL CODE NO. 00745 00746 00747 00748 00749 00750