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HomeMy WebLinkAboutCC 1923-06-05 MinutesCOMMISSION MINUTES OF MEETING HELD ON June 5, 1923 Allmimum PREPARED BY. THE OFFICE OF THE CITY CLERK CITY HALL MINUTES OF THE MEETING TING OF THE BOARD OP C OMGII SSI ONERS OF THE CITY OF L, A. II , FLORIDA. On the 5th day of June, A. D. 1923, the Commission of the city of Miami met in re- gulat-.seesion at the City Hall in Miami, Florida, at 9:00 o'clock a. m.., there being present the following; C. D. Leffler, J. E. Lummus, J. I. Wilson, J. H. Gilman. ABSENT: E.C.Romfh, who was out of the City. READING OF IINUTES OE' MAY 29th AND JUNE 1st The reading of the minutes of the regular meeting of May 29th and the adjourned meeting of June 1st was dispensed with until the adjourned meeting of the Commission to be held June 7th, 1923, today being the General Municipal Election. CLAIM OF DEER & COLANY ON SEWER CONTRACT REFERRED TO CITY ATTORNEY FOR OPINION Communication of the City Manager under date of June 5th, 1923, in reference to the claim of Deer & Company of 03105.00 was presented, and on motion of Mr. Lummus, second- ed by I,'r. Wilson, was ordered filed and spread upon the minutes; Miami, Florida, Juno 5, 1923. TO THE CITY COMMISSION: In Re: Claim of Deer & Co. for 3105 Gentlemen: I have gone into this matter of the claim of Deer & Com- pany for 03105.00 for restoring macadam pavement under their sewer contract No. Sr27. Practically all of the streets under which these sewers were laid, were old macadam streets, very rough and full of holes, end practically worn out. Liost of these streets are now under contract to be paved eith macadam, oil penetration. While the general surface conditions show that the pav- ing over the sower trenches will average as good as the balance of the street, yet it sloes not appear to be a re -paving job as is con- templated in the contract. The printed section of No. 44 of the contract reads as follows: "On completion of the bac1-filling, or sooner if in the judgment of the Engineer it is necessary for maintaining street traffic, all the streets are to be one over, all surfaces irregu- larities dangerous or obstructive to traffic removed as far as prac- ticable and oat'sfector:• to the Engineer." The Engineer ir. ohai'ge claims this was all that was done, but the trenches v:ero afterwards rolled and for which they allowed, Deer S. Co. a sufficient sum to pay for this extra work. The typewritten part of Section 44 reads as follows: "Where so directed by the Director of Public Service, street pav- inFr will be replaced by the Contractor at the price bid. Such pav- ing is to be equally as good as that which was disturbed by ditch- ing and the street surface left in a smooth condition." According to the engineer in charge of this work, his con- tention is that no v:orl: was done under this part of the contract and consequently no allowance was allowed. It would Seem to me the' the claim of Deer for 0105.00 for re -surfacing the streets is not justifiable under the contract and I would recommend that it be not allowed. :respectfully, . II. City I.Ianager Thereupon, upon motion of J. E. Lummus, seconded by :.:r. Gilman, it was resolved that the City Attorney, at the next re •ular meeting of the Jom'nission, advise the Commission as to What authority the Oommission has to itself settle or determine questions similar to that presented by the City Manager's eoorrnunicatior: and whether or not and what authority if any the City Manager has in the settlement of disputes between the City and contractors doing wort: for the City. On roll call the vote thereon was as follows: Ayes: Messrs. Leffler, Lummus, Wilson, Gilman. Noes: Dune. Llotion unanimously carried and the said resolution passed rand adopted. AUTHORIZING PAYMENT OF 4r411 TO 1.1.R. ALICE A. fIT0ll R FOR EQUITY IN COI:DE U;ED PROPERTY A resolution authorizing the payment of 011.00 to Mrs. Alice A. Pitcher was offered by '..:r. Gilman. Said resolution was read ir. full and is as follows; RESOLUTION NO. 777. A RESOLUTION .A.UTIICRI:. H: T1Li I'AYI:,ENT OF `,411.00 TO MRS . ALICE A. PITCHER. WHEREAS, Mrs. Alice A. Pitcher, a widow, purchased from Thomas Mitchell, by warranty dend on Pebruar:, 22, 1906, filed for record February 28, 1906, and recorded in Deed cool_ 33 on pace 166 in the office of the clerk of the circuit ceert of :jade County, 'loride, tho property described in said deed ae follows: 0ommencing at the Northwest corner of Lot 6, Block 60 North of the City of i.iiami a..cording t: the :ncwlton mop on file in the office of the .;log'. of t e circuit court of Dade County, Flori- da; running thence :jest F0 feet; thence South along the East side of Lot 1 105 feet; thence East at right angles 50 feet to the ;jest. line of Lot 6 aforesaid; thence North along the West line of said Lot 6 to the place of beginning, for a consideration of Six Hundred (0600.00) dollars, and I DI 111.11111111111111111,111111111H1111W09444111NERIWPOPI 4, June 5th, 1923. 24 WHEREAS, the said property, when purchased by said Alice A. Pitcher was part of Avenue "B" in said city but the same had been closed by the ordinances of the City of Miami, but the said Avenue "B'I was thereafter », opened by said City, and as a result thereof, the said property was taken for street purposes, and WHEREAS, the ,paid Mrs. Alice A. Pitcher has heretofore collected from others the sum of 0.89.00 part of the consideration of 0600.00 whioh she paid for the said lot, and ieele S, the City of Miami believes that while the said Alice A. Pit- cher has no legal claim against the said City, she nevertheless has an equity, and the said Alice A. Pitcher ho,a expressed her willingness to accept the sem of Four Hundred Eleven (4411.00) dollars and quit -claim her interest in said property to said City; now, therefore, BE IT RESOLVED by the Commission of the City of Miami, that upon the exeoution and delivery of a quit -claim deed to said property by said Alice A. _Pitchera, widow, to the City of Miami, th'it the Director of Finance be, and is hereby, authorized to issue his warrant to said Firs. Alice A. Pit-' cher for said sum of Four Hundred Eleven (0411.00) dollars in full satis- faction of her clei•.i aeeinst raid City of Mani. Motion by Lr. t7iison, seconded by Mr. Lumrnue, that the said resolution be passed and adopt- ed. On roll call. the vote thereon wee as fol10 o: Ayer: Messrs. Leffler, Lummus, Wilson, Gilman. Noes: None. Motion enenlrnnusl,.l carried and the said resolution passed and adopted. AUTHORIZING IAYMENT OF BILL FOR STREET iAV11G WORM. IN FRONT OF JUNGLE PART: The Director of Public Service submitted a report of the work done in front of Jungle Park amounting to 0_500.00 and requested the passage of a resolution authorizing the payment of the bill for the work. Thereupon the following resolution was offered by L;r. Wilson: RESOLUTION NO. 778. , A RESOLUTION APPROERIbTING 'THE SUM OF 01500.00 FROM THE STREET PAVING BOND FUND FOR THE PURPOSE OF PAY- ING FOR WORT- IN FRONT OF "JUNGLE PARK". BE IT RE6OLVED by the Commission of the City of Miami, that the sum of 01E00.00 be, end the same is, hereby appropriated from the Street Paving Bond Fund for the purpose of paying bill for work in front of "Jungle Park". ADJOURNMENT Mr ME mr Mb Motion by Mr. Wilson, seconded by Ls. Gilman, that the said resolution be passed and adopt- MI ed. On roll call the vote thereon was as follows: Ayes: Messrs. Leffler, Lummus, Wilson, Gilman. Noes: Nnr:e. Motion unanimously carried and the said resolution passed and adopted. 11 11 10:20 A.M. This being Election day the Commission, at 10:20 a. m., adjourned until 9:00 o'clock a. m. Wednesday June 6th, 1923, to canvass the returns of the Inspectors and Clerks of the eleo- tion and to transact such other business as may properly come before the Commission. ATTEST: MN mw a® NA CITY OF MIAMI DOCU MENT INDEX MEETING DATE: June 5, 1923 /TEN NO . DOCUMENT IDENTIFICATION COMMISSION ACTION RETRIEVAL CODE NO. 1 AUTHORIZING PAYMENT OF $411.00 TO MRS. ALICE A. PITCHER R-777 00777 2 APPROPRIATING $1,500.00 FROM THE STREET PAVING BOND FUND FOR THE PURPOSE OF PAYING FOR WORK IN FRONT OF "JUNGLE PARK" R-778 00778 I