HomeMy WebLinkAboutCC 1923-07-03 MinutesCOMMISSION
MINUTES
OF MEETING HELD ON DULY 3, 1923
PREPARED SY.THE OFFICE OF THE.CITY CLERK
CITY HAS
July 3rd, 1923.
MINUTES OF THE MEETING OF THE BOARD OF COMMISSIONERS OF THE CITY OF MIAMI. FLORIDA.
On the 3rd day of July, A. D. 1923, the Commission of the City of Miami, Florid*,
met in regular session at the City Hall in Miami, Florida, at nine o'clock a. m., there
being present the following:
C. D. Leffler, J. E. Lummus, J. I. Wilson, J. E. Gilman, E. C. Romfh.
ABSENT: None.
READING OF MINUTES MEETING OF JUNE 26TH
The Clerk read the minutes of the meeting of June 26th which were approved and accept-
ed as written.
BURLINGAME PL`RMIT FOR COiSTRUCTIOU.OF ISLANDS COMMUNICATION FROM FRANK CLARK,, JR. IN RE:
Communioation from Mr. Frank Clark, Jr., in reference to the Burlingame Permit and which
was addressed to Mayor C.D. Leffler, was submitted and after being read was ordered fil-
ed and spread upon the minutes:
Hon. C. D. Leffler,
Mayor of the City of Miami,
Miami, Fla.
My dear Mr. Leffler:
Miami, Florida,
July 2, 1923.
We are in receipt of a letter from Washington with reference to
the matter of the small island lying at the mouth of the Miami River, with
reference to which a hearing was'lately held with the District Engineer on
an application for an extension of the permit to fill in five acres of land
at that place. This is that we know as the Burlingame Island.
We have been advised that the Secretary of War, the Honorable John
W. Weeks, is willing to give representatives of the Estate of Mary Brickell,
the Chamber of Commerce, the City Commissioners, and such other persons as
may desire to be heard, an opportunity to present to him their objections
to the extension of time for this permit with an idea that if the proper
showing is made the permit will be revoked. Secretary Weeks states that
he had absolutely no knowledge of this matter at all and that it had never
been mentioned to him personally. He further stated that he would be per-
fectly willing to give us a hearing and suggested that we address a letter
to the Chief of Engineers, War Department, Washington, D. C., and state our
case briefly and mention that it is to be submitted to the Secretary of Vlar
for his personal consideration. The Secretary said that this would give
him an opportunity to have the Chief of Engineers look into it and that then
he could fix a time later at which we could have a hearing.
. In view of the foregoing it is requested that you will get up a
concise, clear statement of the case in a letter addressed to the Chief of
Engineers and do not fail to state in that communication that it is to be
called to the personal attention of the Secretary of 1Var. We desire to re-
quest that if you will do this and address this letter to the Chief of En-
gineers and mail it to us, vie will be very glad to forward it to the Chief
of engineers with a statement from us and know that we can get a hearing
on this proposition.
It is suggested that this matter be done quietly and if we can
present the facts to the Secretary of War that were presented to the Army
Engineer at the hearing>. in Miami Beach and in Miami, we feel sure that we
stand an excellent chance of getting this permit revokes.
The understanding of the writer in this matter is that the City
Commissioners did not wish to appear in tiis matter in an official capa-
city and would not do so and, therefore, we could not as.: them to do so
now but we do know that you were good enough to take a very active inter-
est in this matter.
Thanking you for your attention to this matter and with best
wishes, we remain
Yours very truly,
CLARK & 1:1 XWELL
By FRANK CLARK:, Jr.
After some discussion of this matter, on motion_ of Mr. Lummus, seconded by Mr. Wil-
son, the Olerk was directed to furnish a certified copy of Resolution No. 631, pass-
ed ^ebruary 27th, 1923, to Mr. Clark.
AUTHORIZING REFUND OF TAXES ON PERSUNAL PROPERTY FOR 1922
A resolution authorizing the refund of 19e2 personal property taxes erroneously
as:•,essed and collected was offered by t.Ir. Gilman. Said resolution in full is as
follows:
RESOLUTION N0. 793.
A RE0ULUTI0L AU'TEOeI2ING THE 1t,FUND OF 1922
P.:RS01;AL tRCPEeTY TAXES ERRONEOUSLY ASSESSED
ANe 3OLL2OTED.
WHEREAS, the Director of Finance reports that affidavits for claims
for refund have been duly filed, and recommended by the Tax Assessor, that
the amounts set opposite their names be refunded in the following:
J. N. Randal 03.50
. E. White 2.62'
TOTAL . $6.12
now, therefore,
uu.i.y era; i o.
BE IT RESOLVED by the Commission of the City of Miami, that
the Director of Finance be, and he is hereby, authorized and di -
rooted to refund the above amounts for taxes erroneously assessed
and collected.
Motion by Mr. Lummus, seconded by Mr. Wileon, that the said resolution be passed and
adopted. 0n roll call the vote thereon was as follows: AYES: Messrs. Leffler,
Lummus, Wilson, Gilman, Romfh. NOES: None. Motion unanimously parried and the said
resolution passed and adopted.
TRANSFER OF FUNDS AUTHORIZED
DIVISION OF STREET CLEANING :r
A resolution authorizing certain transfer of funds in the Department of Public Service,
Division of Street Cleaning, was introduced by Mr. Romfh and is in full as follows:
RESOLUTION NO. 794:
A RESOLUTION AUTHORIZING THS DIRECTOR OF FINANCE
TO MAKE CERTAIN TRANSFERS WITHIN 'THE DEPARTMENT
OF PUBLIC SERVICE, DIVISION OF STREET CLEANING, AS
SET FORTH IId TES RESOLUTION.
WHEREAS, the City Manager reports that a transfer of funds in the
Deparment of Public Service, Division of Street Cleaning, is necessary
for the proper and efficient operation of that Department and requests •
the passage of a resolution authorizing the Director of Finance to make
such transfer, therefore,
BE IT RESOLVED by the Commission of the City of Miami, that the
Director of Finance be, and he is hereby, authorized and directed to
make the following transfers:
Division of Street Cleaning;
From Salaries 43.000.00
To Tools and Maintenance 43,000.00
Division of Street Repairs:
From Materials for Street Repairs. . . .'S00.00
To Tools 300.00
Maintenance of Vehicles . . .. 200.00
Motion by L1r. Romfh, seconded by Le.. Lummus, that the said resolution be passed and
adopted. On roll call the vote was as follows: AYES: Messrs. Leffler, Lummus,
Wilson, Gilman, Romfh. NOES: None. Motion unanimously carried and the said resolu-
tion passed and adopted.
AUTHORIZING PREPARATIOIN OF BALLOTS BY CLERK FOR CHARTER AMENDMENT ELECTION
A resolution authorizing the Clerk to cause the proper ballots to be prepared for
the special election to be held July 17th, 1923, under Ordinance 172 passed and
adopted May 22, 1923, was offered by Mr. Romfh. Said resolution is in full as fol-
lows:
RESOLUTION NO. 795.
A RESOLUTIOII AUTHORIZING THE CLERK TO CAUSE THE PRO-
PER BALLOTS TO BE PREPARED FOR THE SPECIAL ELECTION
TO BE HELD JULY 17th, 1923, UNDER ORDINANCE 172 PASS-
ED AND ADOPTED MAY 22, 1923.
WHEREAS, Ordinance No. 172, passed and adopted May 22nd, 1923,
calls for a special election as therein provided for, now, therefore,
BE IT RESOLVED by the Commission of the City of Miami, that the
Clerk shall cause to be printed a sufficient number of ballots for the
said election showing the questions to be submitted to the electors at
the said election and the proper designation as provided for by said
ordinance either for or against the ratification, and that he prepare
the ballots boxes and registration books for the inspectors and the
clerk of said election.
Motion by Mr. Lummus, seconded by Mr. Gilman, that the said resolution be passed
and adopted. On roll call the vote thereon was as follows: AYES: Messrs. Leffler,
Lummus, Wilson, Gilman, Romfh. NOES: None. Motion unanimously carried and the
said resolution passed and adopted.
AUTHORIZING ACQUISITION OF CERTAIN PROPERTY FOR WIDENING S. W. SECOND AVENUE
A resolution authorizing the acquisition by purchase of certain property set forth
in the resolution was introduced by Mr. Gilman and is in full as follows:
RESOLUTION NO. 796.
A RESOLUTION AUTHORIZING THE ACQUISITION BY PUR-
CHASE OF THE. EAST 5 FEET OF THE SOUTH 20 FEET OF
LOT 1, IN BLOCK 138 NORTH OF THE CITY OF MIAMI, FOR
THE PURPOSE 01? 'aIDENING SOUPHWEST SECOND AVENUE TO A
WIDTH OF 65 F;:i:T.
WHEREAS, the City Commission deems it to the public interests
of the City that Southwest Second Avenue in said pity be widened from
its present width of 50 feet to a width of 65 feet, and
WHEREAS, a number of property owners have agreed to convey part
of their property on the east and west side of said street for the
purpose of widening said street and certain other property has to be
condemned for said purposes, and
WHEREAS, George LoGhan, Sr., the owner of the south 20 feet of
Lot 1 in Bloc. 138 North, has offered to convey to the City the East
5 feet of the said South 20 feet if the City will agree to pay for
1923.
outting through the first floor only of the building on the above dee-
oribed lot back to a 'distance of 5 feet to oonform with the new line of
said street,'to a height of the oeiling of the first floor, and the
second floor of said building to remain intact and not to be disturbed,
and pilasters to be erected on the new line to sustain the front of the
building and a000rding to the communication of said George MoGhan, Sr.
addressed to the City Attorney under date of June 13, 1923, and upon the
further condition as stated in said 'communication that the said owner be'
secured against any loss arising from the change of the building as pall-
ed for in the lease now in force between the owners and the Murphy Cycle
Company, the present tenants of said building,and
WHEREAS, attached to said communication is a proposed plan of the
change in the above building, which plan is made a part of the said pro-
posal, and
WHEREAS, Sundquist & Snow, contractors, have agreed to make the
ohanges in tho building acoording to the said proposal and the said plan
for the sum of yr679.00, and the said Murphy Cycle Company in a communi-
cation addressed to the City Manager, under date of June 27th, 1923, has
agreed to accept the sum of 05C.0', for whatever damage may be incurred
by the cutting off of said 5 feet of the said building occupied by the
said Murphy Cycle Company, and
WHEREAS, in the 'opinion of the City Commission, it is advantageous
to the City to accept the offer of said George LcGhan, Sr. and said Mur-
phy Cycle Company,
NOW, 'THEREFORE, BE IT RE8OLVED by the Commission of the City of
Miami, Florida, that the offer of the said George McGhan, Sr., as set
forth in the letter of June 13, 1923, aadressed tc. the City Attorney, be
and the same is hereby accepted, provided the said contractors will do
the work accordint to the plan sot forth in said letter for said sum of
679.00, and the offer of the said :Murphy Cycle Company as set forth in
said letter of June 27, 1923, addressed to the City Manager, agreeding
to accept 4250.00 be and the same is hereby accepted.
BE IT F Ui?THER RESOLVED that the City Manager be, and he is hereby,
authorized to accept proper instruments of conveyance and releases to be
approved b;,* tl:e City Attorney, and to pay to the contractors the said
sum of :,679.00 u!on their full compliance with the said proposal accord-
ing to said plans, and to pay said Murphy Cycle Company the sum of 1250.00
upon the completion of the said vort: accordint to the said plans.
Motion by I,r. Gilman, seconded by Er. Lumrnus, that the said resolution be passed and
adopted. 0n roll call the vote was as follows: AYES: Messrs. Leffler, Lummus, Wil-
son, Gilman, Romfh. NOES; hone. Motion unanimously carried and the said resolution
passed and adopted.
00I(UMUIiICAT10L5 IN RE: 5. W. SECOND AVENUE WIDENING AND IN RE: ABOVE RESOLUTION
Referring to the foregoing resolut
communication addressed to him by
with pencil sketch of plan referre
under date of June 27th, from the
motion of I.:r. Wilson, seconded by
upon the minutes:
I,:r. A.J. Rose,
City Attorney,
City.
ion, the City Attorney presented to the Commission
George McGhan, Sr. under date of June 13th, 1923,
d to in the letter and also presented communication
Murphy Cycle Company to the City Manager, which on
Jr..';Gilman, were received, ordered filed and epr'ead
Miami, Florida.
June 13, 1923.
Dear Sir:
Confirming conversation of even date wish to state: We propose to
execute a full warrantee deed to the City of Miami, Florida, to the East
5 feet of the South 20 feet of Lot 1 in Block 139 North City of Miami for
the purpose of widening S. W. 2nd Avenue to a width of 65 feet subject to
the following pond it ions v.h ich shall be full and complete remuneration
therefor:
The City of Miami to pay for cutting through the first floor only of
building on ai,ove lot baci: to a distance of 5 feet to oonform to the new
line; to a height of the ceiling of first floor; second floor of building
to remain intact and not be distrubed; pilasters to be erected on new
curb line to sustain front of building Aid porch; on the same plan as
granted the I:cAllister Hotel and Valencia Apartments.
Further; the owners of the premises to be secured against any loos;
arising from the changing of this building; in moneys as called for in
lease now in force between the owners and the Murphy Cycle Co., the pre-
sent Tenants:
A sketch of the proposed change in above building is attached to the
proposal and is a part of same.
Respectfully yours,
GEORGE MoGHAN, Sr.
Copy retained.
I.:r. F. H. Wharton,
Miami, Fla.
Dear Sir:
Miami, Florida,
June 27, 1923.
Confirming our conversation of this morning, we will act-.
cept ;3250 for what damage we may incur by the cutting off of five feet of
the'bui.ding et 16 2.';;. Second Avenue, which we occupy. With the under-
standing that this wort: is to be completed not later than Deo. 15th, 1923.
Yours very truly,
Murphy Cycle C o .
$y J. .3. MURPHY, Pree.
Maly 3, 1923.
CLOSING OF STREETS NEAR MUNICIPAL DOCK{ COMMUNICATION PROMHD. J. HEFFERNAN
The City Attorney presented letter addressed to him under date of June 30th, 1923, from
D. J. Heffernan in reference to the Closing of N. E. Bay shore Court and N. E. 4th Ave.,
which on motion of Mr. Gilman, seconded by Mr. Romfh, was received and filed and order-
ed spread upon the minutes;
David J. Heffernan
Hon. A.J. Rose,
City Attorney,
Miami,Florida .
Dear Sir:
HEFFERNAN & HOFFMAN
Attorneys at Law
62 W. Flagler St.
Miami, Fla.
Carl. T. Hoffman
June 30t1,.1923.
I understand that the matter of closing streets by 0rdina rise,
has been referred to you by the City Commissioners. Will you please let me
have a memo of your conclusions, and oblidge?
Yours very truly,
D. J. HEFFERNAN
DJH:SR .
P. S. This ' ie in oonneotion with the proposed trade between the attend
the Belcher Asphalt Company of land near the Causeway.
CREATING LIENS UPON PROPERTY FOR HOUSE CONNECTIONS AS ORDERED BY RESOLUTION BO. 492
Resolution No. 797, creating a lien upon the property described in Resolution No.
492, which ordered the owners of the lots described in said Resolution No. 492,
to connect their several premises with sanitary sewers, was introduced by Mr.
Lummus, and is in full as follows:
RESOLUTION NO. 797.
A RESOLUTION CREA'TIIIG A LIEN UPON THE PROPERTY DES -
SCRIBED IN RESOLUTION NO. 492, WHICH ORDERED THE
OWNERS OF THE LOTS DESCRIBED IN aAID RESOLUTION NO.
492 TO CONNECT THEIR SEVERAL PREMISES 'W°+I'TH SANITARY
SEWER.
WHEREAS, on August 22, 1922, the Commission passed and adopted
Resolution No. 492, ordering the owners of the lots described in the
said resolution to connect their several premises with sanitary sew-
ers; directing the City Manager to cause a notice to be given to
said property owners to make such connections; providing for the
making of said connections by the City in the event of the default
of the owners to make such connections; and making the whole cost
of such connections a lion against the particular premises so con-
nected, and
WHEREAS, in pursuance of the said Resolution, the said ovmers
were duly notified as required by the charter to make said conneo-
tior. within ten (10) days from the date of the service of the said
notices, which said notice contained the provision that upon default
of compliance with the notice, the connection to be made by the City
and the whole cost thereof to be made a lien against the said proper-
ty, and
WHEREAS, the City Iianager and Director of Public Service have
presented an assessment roll to the Commission with the description
of said connections and the name of the owner of each lot or parcel
where such could be ascertained after diligent inquiry, and showing
the cost of house connection per lineal feet where made with a soil
pipe or where made with terra Gotta,
NOW, THES SORE, BE IT RESOLVED by the Commission of the City
of Miami, that the said assessment roll, signed by the City idanager
and Director of Public Service, dated June 15th, 1923, be and the
same is hereby, confirmed.
BE IT FUSTEER RESOLVED, that the whole cost of the said connec-
tions are hereby made a lien a,eainst the particular premises with
which the connection is made of the same extent and character as
the lien provided for in Section 56 of the :ity Charter, which
charge shall be forthwith due and payable with the same penalties
and with the same ri;rhts of collection and sale and forfeiture as
obtain for city taxes.
BE IT i'L R'il:Eii RESOLVED that the tax collector note upon his
Liens Receivable Ledger upon the property described in the forego+
ing assessment roll, the amount charged against each particular piece
of property and collect the same in due course of law from the rsa—
pective owners thereof.
!lotion by 1.x. Lummus, seconded by Lir. Gilman, that the said resolution be passed
and adopted. en roll call the vote thoreon was as follows: AYES: Messrs. Leff-
ler, Lummus, V;il.:on, ilman, Romf h. NOES: None. Motion unanimously oarried and
said resolution L.aased and adopted.
July 3rd, 1923.
STORM SEWER =MOVEMENT N0. 60 RESCINDING ACTION TAKEN
A resolution rescinding resolution No. 765, passed and • adopted June 19th, 1923,,
which ordered Storm Sewer Improvement No. 60, was introduced by Mr. Gilman.
Said resolution was read in full and is as follows:
RESOLUTION NO. 798.
A RESOLUTION RESCI1DING RESOLUTION NO. 785,
PASSED AND ADOPTED JUNL 19th, 1923.
WHEREAS, Resolution No. 705 passed and adopted June 1¢th, 1923,
providing for the construction of storm sewers and creatiu; a storm
sewer district did not describe the size of the sewers to be laid, and
in the opinion of the City Attorney it is necessary that a resolution
ordering storm sower improvements indicate the size of the various
sewers, and a new resolution has been prepared and presented to this
meeting in the proper form, now,therefore,
BE IT RESOLVED by the Commission of the City of Miami, that Re-
solution No. 795, passed and adopted June atth, 1923, providing for the
construction of a storm sewer, be, and thetame is hereby, rescinded
and set aside.
Motion by Mr. Gilman, seconded by ir. Romfh, that the said resolution be passed
and adopted. 0n roll call the vote was as follows: AYES; Messrs. Leffler, Lum-
mus, Wilson, Gilman. NOES: None. Motion unanimously carried and the said reso-
lution passed and adopted.
ORDERING STORM SEWEi' IMi'ROVEMiENT NO. 60-A AND DIRECTING CITY MANAGER TO FILE PLANS
Resolution No. 799, ordering Storm Sewer Improvement No. 60-A, was introduced by
Uir. Lummus. Said resolution is in full as follows:
RESOLUTION NO. 799.
DISTRICT SR-60-A. STORM SEWER IMPROVEMENT 110.60-A.
BE IT RESOLVED by the Commission of the City of Miami:
That the construction of the following described improvement is here-
by ordered to be made; the Commission of the City of Miami, Florida, here-
by setting forth its intention to proceed under Section 56 of the City
Charter.
Description of property or part thereof to be improved, or sidewalk
to be constructed or sewer to be laid. The material, nature and character
of such improvement with the terminal points and width thereof:
On ',Vest 12th Avenue;
/72-0- ft. of 10 inch Terra Cutts Sewer, from SW 3rd St. to SW 1st St.,
350 ft. " 24"x24" Concrete Sewer from SW let St. to S. Flagler St.,
696 ft. 36"x24" Concrete Sewer from W. Flagler St. to NW2nd St.,
350 ft. 36"x30" Concrete Sewer from NW 2nd St. to NW 3rd St.,
714 ft. 39"x30" Concrete Sewer. from NW 3rd St. to NW 5th St.,
368 ft. of 10 inch Terra Cotta Sewer, from NW 6th St. to IIW 5th St.,
On ;Vest lath Avenue:
694 ft. of 10 inch Terra Cotta Sewer, from SW 2nd St. to W.Flagler.,
376 ft. 18"x12" Concrete Sewer, from W. Flagler St. to NW let St.,
366 ft. 24"x18" Concrete Sewer, from NW let St. to NW 2nd St.,
1032 ft. of 24 inch Terra Cotta Sewer, from NW 2nd St. to NW 5th St.,
447.8 ft. 42"x30" Concrete Sewer, from NW 5th St. to Pumping Station.
905 ft. 42"x36" and 350 ft. 27"x36" Concrete Sewer, from Pumping
Station to Miami River.
On S. W. 1st Street:
588 ft. 24"x15" Concrete Sewer, from SW llth Ave. to SW 12th Ave.
On W. Flagler Street:
150 ft. of 10" and 438 ft. of 18" Terra Cotta Sewer from W. llth
Avenue to W. 12th Avenue,
0n N. W. 2nd Street:
558 ft. of 15" Terra Cotta Sewer, from NW llth Ave. to NW 12th Ave.,
On N. W. 5th Street:
540 ft. 42"x30" 0oncrete Sewer, from NW 12th Ave. to NW 13th Ave.
With all necessary manholes and catch basins or inlets with connec-
tions.
Two 8,000-Gal.-per-minute and 0ne-4,000 gal. -per -minute Pumps with
motors.
One Pumping Station of reinforced concrete and concrete block.
All of the above embracing one storm sewer district in the City of
Miami.
And the Comr:,is::ion has designated the following as the property
which will be specially benefitted by such improvement, to -wit: •
Lawrence Estate Subdivision:
Lots 8 to 13, inclusive, Block 2,
Lots 8 to 17, inclusive, and V. 12 ft. of Lot 18, Block 3,
w. 12 ft. Lot 5 and Lots 4 to 20, inclusive, Block 6,
All of Block 7,
Lots 9 to 18, inclusive, Block 9,
:illy 3, 1923.
•EIlII1IIiIIIII I
Lawrence Estate Subdivision:
111 of Block 10,
A11 of Blook 11,
Lots 1 to 10, inclusive, Block 12,
Lots 9 to 18, inclusive, Block 13,
All of Block 14,
All of Block 15,
All of Block 16,
Lots 1 to 10, inclusive, Block 17,
Lots 1 to 13, inolusive,and Lot• 20, Block 18,
Lots 8 to 13, inclusive, Block 19,
Lots 8, 9 and 10, Block 22,
All of Block 31,
Lots 1 and 20, Block 32,
Lot 1, Lots 17 to 20, inclusive, and S. 30 ft. Lot 16, Blk. 39,
All of Block 40,
All of Block 41,
Lots 1 to 4, inclusive, and Lot 20, and E 30 ft. of Lot 6, Blk. 42,
Lots 1 and 20, Block 49,
All of Block 50,
All of Block 51,
Lots 1 and 20, Blook 52,
Lot 1 and Lot 11 to 20, inclusive, Blook 59,
All of Block 60,
All of Block 61,
All of Block 62,
All of Block 69,
All of Block 70,
All of Block 71,
Lot 1, Block 72,
Lot 1 and Lot 20, Block 79,
All of Block 80,
Lots 1 to 10, inclusive and Lots 18 to 20,•inolusive, Blk. 81,
Lot 1, Block 82,
Lots 1 to 3, inclusive, Block 90,
Rivermont Park:
Lots 7 to 16, inclusive, Block 1,
Lots 7 to 16, inclusive,Block 2,
Fordham Subdivision:
Lots land 2,
Glenside:
Lots 1 and 21,
The City Manager is hereby directed to prepare and to filed with
the City Clerk plans and specifications of said improvement and an es-
timate of the coat thereof, which estimate shall show the estimated
amount to be assessed against the abutting rroperty per front foot, in -
eluding an estimate of the cost of the expense of preliminary and other
surveys, the inspection and superintendence of the work, the prepara-
tion of plans and specifications and estimate, the printing and publish-
ing of notices and rroceedings, the preparation of bonds, and any other
expenses necesa•:ry and proper. This improvement shall be designated
in all proceedi_nr;s, assessments,and bonds as Storm Sewer Improvement
No. 60-A and the proTerty against which assessments may be Trade for the
cost thereof, hereunder, shall be designated as District Sr-60-A.
Motion by Mr. Lu_nmus, seconded by Mr. 'Nilson, that the said resolution be passed and
adopted. :it. roll call the vote thereon was as follows: AYES: Messrs. Leffler, Lum-
mus, ',1i]sor., Gilman, Romfh. DOE'S: None. Motion unanimously carried and the said
resolution passed and adopted.
ORDERING PURLICAiIOI+ OF NOTICE FOR REMONSTRANCES TO CONFIRMATION OF SR. 60 - A.
Resolution ho. F-30., directing the Clerk to cause notice to be published in the MIAMI
HERALD that the Commission will on the 17th of July, 1923, hear remonstrances of per-
sons interested to the confirmation of Resolution ordering Storrnewer Improvement
1o. 60-A, was introduced by Mr. Romfh. Said resolution is in full as follows:
RESOLUTION NO. 800.
DISTRICT SR-60-A STORM IMPROVEMENT NO. 60-A.
WEERi:A3, on the 19t1: day of June, 1923, the Commission of the -
City of Miami, Florida, passed and adopted a resolution ordering
the improvement designated as Storm Sewer Improvement No. 60-A,
District Sr-60-A, and directed the City Lhnager to prepare and file
plans and specifications of sunh improvement and an estimate of the
cost thereof, including an estimate of the incidental expenses, and
the said plans and specifications and estimate of cost and estimate
of incidental expenses have been filed by the City Manager with the
City Clerk,
THEREFORE, B IT REnOLVEl by the Commission of the City of Mi-
nmi: That the City Clerk shall cause to be published for at least
once in the MILd1I HERALD, a newspaper of general circulation in the
City of L:iai:::, is notice stating that at a meeting of the Commission
of the Jity of Miami, to be held at the 'City Hall in the City of Mi-
ami, on the 17th day of July, 1923, at 9:00 o'clock, the Commission
of the City of Miami, will hear the remonstrances of persons inter-
ested to the confirmation of said resnlution ordering said improve-
ment.
Motion by Mr. Romfh, seconded by Mr.Wilson, that the said resolution be passed and
adopted. On roll call the vote thereon was as follows: AYE'S: Messrs. Leffler, Lum-
mus, ',Gilson, Gilman, Romfh. NOES: None. Motion unanimously carried and the said
resolution passed and adopted.
July 3, 1923.
REQUIRING AND ORDERING SEWER HOUSE CONNECTIONS
AND PROVIDING FOR LIENS
A resolution providing for sanitary sewer laterals on oertain streets set forth
in the resolution was introduced by Mr. Gilman and is in full as follows:
RESOLUTION NO. 801.
A RESOLUTION REQUIRING OWNERS OF THE PROPERTY IREINAFTER DES-
CRIBED WHO HAVE NOT ALREADY CONVECTED THEIR SEVERAL PREMISES
WITH SEWERS, TO CONNECT THE SAME WITH SEWERS IN FRONT OF THEIR
SEVERAL PREMISES, AND UPON DEFAULT OF COMPLIANCE, TO AUTHORIZE►
THE COMMISSIOII TO MAKE COIITRACTS FOR SUCH CONVECTIONS AND FIX A
LIEN AGAINST THE PROPERTY FOR THE COST THEREOF.
.WHEREAS, the City Commission has power to order all or'any owners
of abutting real estate to connect their several premises with sewers
about to be constructed by the City of Miami, in front of their several
premises, and in default of compliance for ten days after notice pub-
lished in the newspaper, authorizes the city commission to contract for
or make such connections and assess the whole cost thereof against the
particular premises with which the connection is made; now, therefore,
BE IT RESOLVED by the Commission of the City of Miami: That all
the owners of property upon the following streets between the streets
named who have not connected their several premises with sewers, which
are about to be constructed by the City of Miami on the said streets,
are hereby required and ordered within ten days from the date of the pu-
blication of the notice thereof, to make such connections of their sev-
eral premises with the sewers to be constructed on said streets under
such regulations in accordance with the specifications as prescribed
and found in the office of the Director of Public Service in the City
of Miami, and upon default of compliance with the order contained in
this resolution within ten days after such notice, theCity Commission
will contract for or make such connection, and the whole cost of said
connections will be made a lien against the particular property with
which the connection is made to the same extent and character as the
lien provided for special assessments.
The property described upon which such connections are to be made
is as follows:
ASPHALT PAVING
STREET
S. E. 8th St.,
N. W. 1st Court.
S. 7. 3rd Street
S. E. 6th Street
S. E. 8th Street
FROM
E. side Miami Road
N. W. 1st St.
S. Miami Avenue
S. Miami Avenue
5. Miami Avenue
S.Llami Ave. Wend
N.Miami Ave. F
S.Cl.2nd Ave.
W.Flagler St. 4
N.Miami Ave. I
P'NETHATICII PAVING
h.E.22nd St.
II.E.24th St.
II.3.16th St.
N.Z. 20th. Terrace
D .17th Ave.
h.'/.Miami Jourt
N.W.9th St.
S.:7.lst Street
3.71.2nd Street
S..4th Street
::,.',1.5th Street
S.W.6th Street
h._ .23rd Street
I;.v.11th St.
I:. .3rd Ave.
b.3.30th
I:. .2nd Court,
1:.E.4th Ave.
N. 13th St..
;.N.River Drive
N.W.7th Ave.
I;._ .3rd Ave.
1:. 3.31 s t
h.3.2nd Court
I;.3.4th Ave.
1:. .23rd St.
Ii. .2nd St.
I; ._..Bay Shore
Drive
S.':;.3rd ..;t.
draw S.Mi Bridge
.i,'.C.Ry.
u�. Flagler St.
I. 12th Ave.
;. 14th St.
li . E.2nd Ave.
N.E.2nd Ave.
N.E.2nd Ave.
W. Flagler St.
f.W.11th Terrace
N.W.5th Ave.
S.W.9th Ave.
S.W.9th Ave.
3.W.5th Ave.
S.;'I.7th Ave.
S . eI.5 th Ave.
N.E.2nd Ave.
r • .7th Ave.
Ii.i;.22nd St.
II.E.2nd Ave.
N.3.22nd St.
N.E.22nd St.
N.L. 1st Avenue
S.W.2nd St.
N.'A.5th 5t.
1;.E'.29th St.
N.E.2nd Ave.
N.c:.29th St.
E.. 29th St.
i;.E.2nd Ave.
„....2nd Ave.
N. .13th St.
3.':.1.:th
TO DIST. CONT.
Br io ke'll Ave. H-192 77.741.
1.
N. W. 5th St. H-194
F. E. C. Ry. H-194
Brickell Ave. H-194
E.sideMiami Rd. H-194
S. 5th St. H-194
N. 36th St. H-195
N.2nd Av.Bridge H-195
W.22nd Ave. H-195
F.E.C.Ry. H-193 Pv-44
Bay, 400 ft. E. 4th Ave.
H-196 Pv-42
Bay,425 ft. E. 4th Ave.
H-196
Bay, 500 ft. E. Bayshore Drive
H- 196
2.E.C.gy. H-196
L . W.3rd 3t. H-196
N.W.14th 5t. H-196
N.W.7th Ave. H-196
S.W.12th Ave. H-196
S.W.12th Ave. H-196
S.W.12th Ave. H-196
S.'7.12th Ave. H-196
S.W.12th Ave. H-196
F.E.C.Ry. H-197
N.W.9th Court H-197
N.E.24th St. H-198
Bay 550 ft. E.
of 4th Avenue H-198
h.E.24th St. H-198
L.E.24th St. H-198
N.W.lst Ave. H-199
N.�7.5th 3t. H-199
II.'11.11th ;.;t. H-199
N.E.31st St. H-200
Bay, 550 ft. E.
of 4th Avenue H-200
Ii .5.31st St. H-200
N. .31ot St. H-200
Bay, 375 ft. 3.
of 4th Avenue H-201
F.E.C.Ry. E-202
N.3.17th Terrce.H-203
S.W.17th St. H-204
Motion by :Ir. •)ilraar., seconded by Lr. Lurnmus, that bhe said resolution be passed and
adopted. On roll call t'r.e vote was as follows: AYES: Messrs. Leffler, Lualmue, Wil-
son, CilT.an, INu_:;5: Lone. Motion unanimously carried and said resolution passed.
WIDENING OF N. E. SECOND AVENUE
j'uly 3, 1923.
COMMUNICATIONS IN REFERENCE.TO
The City Commission,
City of Miami,
Florida.
The City Attorney presented communication under date of July 2nd in reference to
the widening and paving of N.E. Second Avenue from Fourth to Fourteenth Streets,
to which was attached latter from the Rand Properties addressed to the City At-
torney and a statement of the property frontage and street intersections between.
the streets named, thereupon, upon motion of Mr. Lummus,seoonded by I.r. Wtlson,
the communication of the City Attorney together with the letter and statement
attached thereto from the Rand Properties were ordered filed and spread upon the
minutes:
• Miami, Florida.
July 2nd, 1923.
Gentlemen: Re: Widening and paving of N. E. SSoond
Avenue from Fourth to Fourteenth Sts.
This matter has been referred to me with directions to
report thereon to the Commission.
The question is whether the City can widen the asphalt
pavement on N. E. 2nd Avenue from Fourth to Fourteenth Streets to
a width of 46 feet. I do not believe that there is any doubt of
the right of the City to widen this pavement between the streets
named to a width of 46 feet.
Dillon on Municipal Corporations, Vol. 3, Section 1161,
uses the following language as to the right of a municipality to
control the use and improvement of its streets:
"As all municipal powers are derived from the
Legislature, it follows that the authority of
municipalities over streets, and the, uses to
which they may legittnately be put, depends,
within constitutional limitations, entirely up-
on their charters or the legislative enacments
applicable to them."
Section 3 of the Charter gives the City the power to:
"pave, grade, curb, repave, macadamize, re -
macadamize, ley -out, open, widen, and other-
wise improve streets, alleys, avenues, boule-
vards, lanes and sidewalks",
and the first paragraph of Section 56 of the charter authorizes
the City "to cause any and a7.1 streets, boulevards, avenues,
lanes, alleys, parkways and highways or any part thereof, to be
created, paved, re -paved, macadamized or re -macadamized, and to
cause curbs and gutters to be constructed thereupon and side-
walks to be laid and built thereupon***************************
and to provide for the payment of the cost thereof."
Section 56 on page 37 of the charter gives the City the
"By resolution or ordinance to prescribe the
width of every sidewalk in the City".
The courts have held that without express legislative
enactment the municipality has power to regulate streets and side-
walks and that this power includes the power to determine the
width of each.
State versus Morristown, 33 N.J.Law Reports,pg.51.
In many cases, particularly Herndon versus Salt Lake
City reported in 95 Pacific Reporter, page 646, it has been held
that the municipality need
"Improve only so much of the width of the street
as it may deem necessary for the use of the pu-
blic".
In that ceee it was held that in the "Business portion"
of a City where the travel was greatest, a street should perhaps
be, for public convenience and safety, paved its full width, where-
as in outlyins sections of the City the full width pavement might
not be required, showins conclusively that the arrangement of the
street was discretionary with. the City and depended upon condi-
tions.
It is }:eld in-ec.ter versus Durham Traction Company,
50 S.E.Rep, page 711, that a City sidewalk being a part of the
street which the City has set apart for the use of pedestrians,
an abutting prorrietor has no more right therein than in the road-
way of the street. Be is only entitled to have the street and
sidewalk in front of his premises open and unobstructed so as not
to impair ingress or egress to his lot by himself and those whom
he invites there. In this case the court said:
"Sidewalks are of modern origin. Anciently they
were unknown, as they still are in the Eastern
countries, and in perhaps a majority of the •
towns and villages of Europe. In the absence
of Statutes a torn is not required to construct
a sidewalk. It is for the town to prescribe the
width of the sidewalk. In the absence of sta-
tutory restrictions (there are none such apply-
ing to Miami) it may widen, narrow, or even
remove a sidewalk already established. To wi-
den a sidewalk narrows the roadway. To widen
the roadway narrows the sidewalk. The portion
of the street to be preserved for pedestrians
and vehicles' respectively, is in the sound die-.
cretion of the town•authorities."
power:
July 3, 1923.
•
N NE
111
me▪ m
Communication from City Attorney
It has also been held that straightening a curb line and
setting back a pavement (which moans enoroaohing upon space pre-
viously devoted to sidewalk, as is the case which we are consider-
ing here, in Miami) is not a change of location, and is within the
powers of the City government. yee Volume 28 Cyc., page 839.
• In Volume 1 of Elliott on Roads and Streets, Section 541,
the rule is laid down that,
"General authority to construct or not to con-
struct sidewalks on all streets not only au-
thorize their construction on streets whore
they do not exist, but also permits their re-
moval where they already exist. The power to '
'open and extend streets' includes the power
to regulate and improve streets and sidewalks
includes the power to determine their width."
As we have seen from our City Charter, the iity of Mia-
mi is expressly given this power to "open and improve streets and
sidewalks".
A similar situation to that which we are considering is
quite clearly presented in the case of Town or Marion versus Skill-
man, recorded in 26 Id•:'%. Reporter, page 676. In this case the Town
Council decided to improve a street, widening the pavement and nar-
rowing' the sidewalk. The street ran by a large hotel, and an in-
junction was brought by the owners of the hotel to prevent the nar-
rowing of the sidewalk. The court said: •
"We think it should be shown that there has been
clear invasion of the rights of a party to justi-
fy the Court in interfering by injunction with
the conduct of municipal authorities in making
street improvements of the character here in ques-
tion. The acts complained of are that, in the
grading and macadamizing of the street, they are
proposing to cut away a portion of a sidewalk
heretofore constructed by their order".
Again in the same case it is said:
"In this case ti.e board had determined that pu-
blic convenience required the grading and paving
of the walk. i"hey had required' that it be grad-
ed to the v:idth of eight feet, and that four feet
of the walk thus graded should be paved. If they
had decided that public convenience only required
the grading of four feet instead of eight, there
should have been no around for interference by
the Courts. That was a matter which the legisla-
ture has left solely to their discretion, and we
think that when they have once decided that pub-
lic convenience requires the grading and paving
of eight feet, and it has boon done accordingly
they are not thereby precluded from afterwards
deciding 'Let the walk is rider than the public
needs roguire, and causing.. it to be narrowed to
meet their changed views"
Further discussing the facts in the case last quoted, the
Court says:
"The land in questio:. formed a part of Branson
Street, and the Board of Trustees had the same pow-
er to determine the width of any sidewalk: at that
point thut they had to determine the width of any
other sidewal;c.s on any other :treat, and, in the
absence of any find in: showing such abuse of the
discretion: v.'ith which the law has clothed them as
would work: .-reat and irreparable injury to appel-
lees, they should r.ot be enjoined."
The term "streets" includes sidewalks.
3 Dillon, Section 1141, Dote 1.
And the power to lay -out, open, grade and improve streets
like other legislative power, is a continuing one.
3 Dillon, Section 1151.
And a municipal corporatien is nut liable to the property
owners for the consequential'damages necessarily resulting from ei-
ther establishing a grade or ci_.:in,rir, - an e stablished Trade of streets,
although improvements were made in cenfirmity with the first grade.
3 Dillon, Section 1152. '
It is held in Attorney der.eral versus Boston, 142 Mass. 200,
7 E.E. Rep. 7Lk2, that a municipality has authority to construct side-
walks where they do nct exist, or to remove or dispense with them
where they do exist if, in the judgment of the city, it is desirable.
I attach hereto, as part of this letter, a communication from
The nand Properties undec date of July 2nd, sho v.ing the property front-
age and the street intersection frontage between Fourth and Fourteenth
Streets; the frontage secured by deeds; the frontage scoured by ease-
ments; the agreements secured, and the signatures to the petitions -se-
cured with the municipal right-of-way of the City, making a total of
5,674.06 consenting frontage out of a total possibly of 6,222.73 fron-
tage between the streets named.
Yours very truly,
A. J. ROSt:
City Attorney
Communication from The Rand Properties
Er. A. J. Rose, Esq.,
City.
Miami, Florida.
July 2, 1923.
Dear Sir:
I have prepared a tabulation in reference to the distance
to the distance from Fourth St. to Fourteenth St., on N. E.
Second Avenue, showing the way in which the frontage on N.
E. Second Avenue is made up. I am attaching same hereto.
The distance from Fourth to Fourteenth Street is
3,696.365 feet, which doubled would give the total frontage
to be taken into consideration. This makes a total of 7,
392.73 feet. Of this total the property frontage comprises
6222.73 ft., and the street interseotion and F. E. C. right-
of-way comprises 1170 ft.
In order to show to the City Commissioners the at-
titude of the property owners toward the proposition of wi-
dening the pavement in these ten blocks to a width of 46 ft.,,
we have secured deeds, easements, etc., and a tabulation of
the lineal foot of frontage represented by these various
deeds, easements, etc., is vs follows:
Deeds secured, representing 4,067.75
Easements secured, representing 377.47
Agreements secured, representing 704.37
Signatures to petitions secured, representing. 470.47.
Municipal right-of-way owned by City 54.00
Making a total of. . . 5,674.06
Out of a total possible, of 6,222.73.
Yours very truly,
BEN SI PARD
Tabulation of distances: PROPERTY FRONTAGE STREET INTER-
SECTION FRONTAGE
Between 4th and 5th Streets 600'
5th Street 106!
Hemmen 5th and 6th Streets 600'
6th Street 100'
Between 5th and 7th Streets 450'
7th Street 100'
E. C.Rt. cf Viay 150'
Between 7th and 8th Streets 600'
8th Street 100'
Between 8th and 9th Streets 600'
9th Street 100'
Between 10th and llth ,Streets 600'
100'
Between llth Street and llth Terrace 360'
llth Terrace 80'
Between llth ?orraee end l::t}: Street 370 2'
12t . etre, t
Betv.ccn 12th Street and 13th Street 580 36'
13th Street
Between 13th Street and 14t}_ Street
14th Street 80'
llth Street
TOTALS
862
17'
6222.73'
80'
80'
1170'
The City Attorney also presented to the Commission deeds, easements, agreements
and signatures referred to in the letter of the Rand i:roperties and on motion of
Lummus, seconded by ...r. Wilson, the said deeds, easements, agreements and sig-
natures to petition were ordered filed with the City Clerk for reference.
ORDE2ING HIGHWAY ILflitOV:;IENT N0. 189-A. AND NOTICE FOR R"r:MONSTRANOEB
Resolution No. 802, ordering the construction of Highway Improvement No. H-189-A,
was intrcduced by :.:r. Wilson. The said resolution, is in full as follows:
RESOLUTION ITC. 802.
DISTRICT H-189-A. HIGBl7AY II,:PR0VEt`"` T NO. 189-A•'
BE IT RESOLVED by the Commission of the City of Miami;
That the construction of the following described improvement is
hereby ordered to be :wade; the Commission of the City of Miami, Fla.,
hereby setting forth its intention to proceed under Section 56 of the
City Charter.
Description :;f highv;ay or part thereof to be improved, or side-
walk to be constructed or sewer to be laid. The material, nature and
character of such improvement with the terminal points and width there-
of:
The following street is to be improved by grading and by the con-
struction of a concrete curb and gutter (except that where a suitable
curb to the prover lire and tirade is already in place, gutter only is
to be constructed) and by the construction of a bituminous macadam
pavement: The ;getters are each to be eighteen (18) inches wide.
L. E. 26Tk S'T'itEET, from a point 390 feet east of the last line of
N. E. 3rd revenue to Biscayne Bay. Thirty (30) feet from curb to curb.
1Le Sit, L:ane,Ter is hereby directed to prepare and file with the
City Clerk: clans and specificatione of said improvement and an esti-
mate of the co::t thereof, which estimate shall show the estimated am-
ount to be assessed against the abutting property per front foot, in-
cluding an estimate of the cost of the expense of preliminary and other
surveys, the inspection and superintendence of the work, the prepara-
tion of plans and specifications and estimate, the printing and pub-
lishinEz of notices and proceedings, the preparation of bonds, and any
other expenses necessary anu pror.er. This improvement shall be desig-
nated in all proceedings, assessments and bonds as Highway Improvement
No. 189-A and the _property against vieich assessments may be made for
the cost thereof, hereunder, shall be designated as District H-189-A.
July 3, 1923.
IMINIIIIIII11111111111111111111111111111111111111111111111M1111111111IIIIi1111111111■111111111111111111111111■1111111IIIlow UIIwool I Ii1I111II Hun! II hull
Motion by Mr. Wilson, seoonded by Mr. Gilman, that the said resolution be passed
and adopted. On roll call the vote thereon was as follows: AYES: Messrs. Lef-
fler, Lummus,•Wilson, Gilman, Romfh. NOES: None. Motion unanimously parried and
the said resolution passed and adopted.
Notice for remonstrances:
Thereupon a resolution'direoting the Clerk to cause to be published a notice
that the Commission would on the 1?th of July receive and consider the remon-
strances of ell persons interested to the confirmation of resolution ordering
Highway Improvement No. 189-A, was introduced by Mr. Lummus:
RESOLUTION NO. 803.
DISTRICT H-189-A. HIGHWAY IL.PROVEMi•;NT NO. 189-A.
WHEREAS on the 3rd day of'July, 1923, the Commission of the City
of Miami, Florida, passed and adopted a resolution ordering the improve-
ment designated as Highway Improvement No. 189-A, District H-189-A, and
directed the City I5anager to prepare and file plans and specifications
of such improvement and an estimate of the cost thereof, including an
estimate of the incidental expenses,and the said plans and specifica=
tions of such improvement and estimate/of cost and estimate of inciden-
tal expenses have been filed by the City Manager with the City Clerk.
THEREFORE, BE IT RESOLVED by the Commission of the City of Miami:
That the City Clerk shall cause to be published for at least once
in the MIAMI HL:AALD, a newspaper of general circulation in the City of
Miami,a notice stating that at a meetin of the Commission of the City
of Miami, to be held at the City Fall in the City of Miami, on the 17th
day of July 1923, at 9:00 o'clock, the Commission of the City of Miami,
will hear the remonstrances of persons interested to the confirmation
of said resolution ordering said improvement.
Motion by Mr. Lummus, seconded by Mr. Wilson, that the said resolution be passed and
adopted. 0n roll callthe vote thereon was as follows: AYES: Messrs. Leffler, Lum-
mus, Wilson, Gilman, Romfh. NOES: Done. Motion unanimously carried and the said
resolution passed and adopted.
REQUEST FOR REDUCTION IN TAXES BY CHAS. W. HILL
Communication addressed to the City Commission from Chas. W. Hill, under date of
July 2, 1923, asking for reduction in assessment against the North 25 feet of Lot 1,
Block 116 North for the years 1921 and 1922, was received and on motion of Mr. Wil-
son, socor.ded by :,:r. Gilman, was ordered filed and spread upon the minutes:
Miami, Florida,
June 2, 1923.
City Commissioners,
Miami, Florida.
Gentlemen:
Enclosed please find tax receipts covering the Furth 25
feet of Lot 1, Block 116 North for the years 1921 and 1922.
Receipt for 1921 shows assessment is based on 69,000.,
and for 192 05,500. The corrected valuation for 1923 is 09,000.
I feel that I have been assessed too high, that I have
paid too high taxes, .nd the assessment is all out of line with
other property in this same location. I are:, therefore, submitting
this to you for your consideration for refund purposes. I do not
feel that it Is more than fair to me to reimburse :no for the .two
years where the error appears.
Thanking you in advance for your consideration of this
matter, I am
Yours very truly,
CHAa. . HILL.
APPOILTM L'T LP DI3EJTOH Oi' PUBLIJ LIILITY JJ..'PT. CONFIRMING SAMF,
.oumun:ication from the Jity Manager under date of July 2, 1923, reporting the ap-
pointment of :.'r. Ernest Cotton as Director of the Department of Public Utilities,
was received and ordered filed and spread upon the minutes, and on motion of Mr.
;ilnar., reconded by :.;r. eomfh, the :aid appointment was approved.
Miami, Florida.
June 2, 1923.
,o the Jity Jornmissior,
L:iami , Fla.
_, nt leelen:
I have appointed ':'. Ernest Jottor. as Director of the De-
part .ar.t of !public ''tilities, which department you have just creat-
ed, this appointment to become of_:ective July 1, 1923.
I relieve you are all more or less familiar with the ex-
perience ;r. Jotton has had ih connection with the construction of
the dock's and seawall at .:ey ,...'t for the F.._.J.:taily Jo., and al-
so the viaducts on the .:'..,.J.itaila:a,, �.titenaion.
:.:r. Jotton has also made quite a study of the local water
situation, sor:k two large yells in the southern part of the
Court;; for the 2. E. J. Railway Jompany's water supply at Ley Most.
In as much as the construction of the seawall on the bay
front par' , rind the obtaining of a water supply source for the Jity
t ti
1 1111111111131311011111111111MINIE=1111111111111111111111111111a111111111111111111111111111111111111111111111111111111111111111111111111111 1111 11111111111111 III I II 1111 111 III II
of Miami will come under the Department of Public Utilities, I
feel that Mr. Cotton, with the experience he has had, is well
qualified for this position.
Signed,
F. H. WHARTON
City Langer
AGG U IREMirNT OF PROPERTY OF N . MIAMI AVENUE BY EMINENT DOMAIN FOR STREET PURPOSES
Communication from the City Manager addressed to the City Commission under date of
July 3, 1923, in reference to the widening of N. Miami Avenue and the necessity of
condemning three parcels of land abutting on that Avenue, was received and ordered
filed and spread upon the minutes:
To the City Commission,
Miami, Fla.
Gentlemen:
Miami, Florida.
July 3, 1923.
In the widening of N.Miami Avenue from 14th St. North to
City Limits, it will be necessary, to complete the widening of this•
street, to condemn three parcels of land as follows:
That portion of lot eight (8) Block one (1) Johnson and
Waddell Addition, lying east of a line vhieh is 35 feet west of. the
center line of N. Miami Avenue and parilel to it. This lot belongs
to B. G. Hewitt whose address is 606-607 Odd Fellows Building c/o
H. W. Durbriske and Co., Indianapolis, Ind.
The west twenty feet of Lot three (3) of Block two (2) of
Fleming and Pearson Subdivision. This property is owned by Lucille
'J. Pearson of Miami, Florida.
The west fifty feet of the :3. 100 feet of Lots ten and
eleven (10 and 11) of Block sixteen (16) of Robbins, Graham & Chil-
lingsworth Addition to the City of Miami, Fla. and is located at the
N. E. corner of U. I,:iarni Avenue and 14th Street being 100 feet on N.
Miami Avenue and fifty feet on 14th Street.
As the contract hao already been let for this pavin:-, it
will be necessary to start condemnation proceedings at once so that
the paving will not be delayed.
Signed,
F. H. 'I, H.-1R'T' O N
City Manager
And the City Manager reported that the Abstract of Title to the property of the Ju-
lius Smith Company on North Miami Avenue had been approved by the City Attorney in
opinion dated June 22, 1923, and that the deeds by the Julius Smith Company and F.
W. Webster and wife were in due form and that the property could be purchased un-
der agreement made for the sum of 6,000.00. Thereupon the following resolution
authorizing the City Manager to conclude negotiations for the purchase of the said
properties was introduced by Mr. Lummus:
RESOLUTION N0. 804.
A RESOLUTION AUTHORIZING THE, CITY MANAGER TO CONCLUDE
NEGOTIATIONS FOR THE PURCHASE OF CERTAIN PROPERTY SET
FORTH IN THIS RESOLUTION; TO ACCEPT DEEDS THERI FOR,
AND PROVIDING FOR PAYMENT FOR 2HL PROPERTY.
WHEREAS, the Jity Manager reports that the Abstract of Title to
the property of the Julius Smith Company on North Miami Avenue has'
been approved by the Jity Attorney and that the deeds by the Julius
Smith Compare and F. ;,. Webster and wife are in duo form and that the
property could be purchased under agreement made for the sum of $6000,
therefore,
BE IT RESOLVED by the Commission of the City of Miami: That the
City I•:anager be, and he is hereby, authorized and directed to conclude
the negotiations for the purchase of said property, accepting deeds
the_ efor on behalf of the Jity of Miami and pay to the owners thereof
the said sum of w6,000.
Motion by Mr. Lummus, secor:ded by Lir. Gilman, that the said resolution be passed and
adopted. (,c: roll call the vote thereon was as follows: AYES: Messrs. Leffler, Lum-
mus, Wilson, Gilman, itomfh. NOES: None. Motion unanimously carried and the said
resoluti)7 passed and adopted.
A resolution authorizing the acquirement by eminent domain for street purposes of
the property described in the resolution was offered by Lir. Rornfh and is as follows:
Rs;SOLU2ION NO. 805.
A RESOLUTION AUTEORILING THE AC'OUIREI:1i;NT BY EMINENT
DOMAIN FOR STREET PURPOSES OF THE CITY OF MIAMI, OF
THE, PROPERTY II+ SAID CITY HEREINAFTER DESCRIBED.
WHEREAS, the Comrniseion of the City of I.liami deems it necessary
to acquire the following property:
First
That portion of Lot eight (8), Block one (1) of Johnson
and Waddell Addition, lying east of a line which is 35
feet west of the center line of N. Miami Avenue and para-
llel to it. This lot belongs to B. G. Hewitt, whose ad
dress is 606-607 Odd Fellows Building c/o Iaurbriske &
Company, Indianapolis, Indiana.
aff
s
uuriiuiial IIII mmu ua U I1
1
28( July 3, 1923 •
Second
•
The Weet twenty (20) feet of Lot three (3) of Block two (2)
Fleming and Pearson Subdivision. Thie property is owned by
Lucille C. Pearson of Miami, Florida.
Third
The west fifty (50) feet of the south one hundred (100) feet
of Lots ten (10) and eleven (11) of Block sixteen (16) of
Robbins, Graham & Chillingsworth Addition to the City of Mi-
ami, Florida, and is located at the Northeast corner of N.
Miami Avenue and Fourteenth Street, being 100 feet On North
Miami Avenue and fifty feet on Fourteen atreet.
for the purpose of widening N. Miami Avenue, the acquisition of said property
being necessary for the widening of the said street, and for the benefit and
convenience and safety of the public,
THEREFORE,BE IT RESOLVED by the Commission of the City of Miami:
Section 1: That the City Attorney be, and he is hereby, authorized to
institute the necessary legal proceedings to acquire the following described
property in said City, to -wit:
First
That portion of Lot eight (8), Bloch one (1) of Johnson &
Waddell Addition, lying east of a line Which is 35 feet
west of the center line of N. Miami Avenue and parallel to
it. This lot belongs to B. G. Hewitt, whose address is
606-607 Odd Fellows Building, c/o E. V. Durbriske & Co.,
Indianapolis, Indiana.
Second
The west twenty (20) feet of Lot three (3) of Block two (2)
Fleming and Pearson. Subdivision. .ehis property is owned
by Lucille J. Pearson of Miami, Florida.
Third
The west fifty (50) feet of the south one hundred (100)
feet of Lots tan (10) and eleven. (11) of Block sixteen
(16) of Robbins, 3raham &. Chillingsworth Addition to the
City of Liiami, Florida, and is located at the northeast
corner of north Miami Avenue and fo:~rteenth Street, be-
ing 100 feet on north Miami Avenue and fifty feet on Four-
teenth street,
all of said property lying and being situate in the City of Miami, Florida,
for street rurposes for the purpose of widening North Miami Avenue in said
Jit/.
Lotion by Mr. Romfh, . e sJ:. e.1 by ..., ,+ lson tr.nt the said resolution be passed
and adopted. On roll call the vote thereon was as follows: AYES: Iiessrs. Lef-
fler, Ltunr::uo., 'ils3r:, Gilman, Romfh. NOES: None. Motion unanimously carried
and the said resolution passed and adopted.
PASSAL;E U.iL1NAL JE '„ILi+:LING N . . 13t1. ST. ON SECOND READING
An ordinance entitled:
AN ORDINANOE WIDENING NORTHEAST THIRTioNTJ
STREET FRoL NORTH BAYSHORE DRIVE ON THE WEST
TO THE CAUSEWAY VIADUCT On THE EAST FROM ITS
PRESENT ';WIDTH 02 FORTY FEET TO A WIDTH OF
SIXTY-FIVE FEET.
Which was paused .n its first reading June 26th, was, on motion of J.r. Lummus, ee-
conded by :.'r. Wilson, put on its second reading and was read in full. Motion by
LIr. Lur:rus, seconded by ;:r. Romfh, that the said ordinance be passed and adopted
on its second and find reaing. On roll call the vote was as follows: AYES: Me -
cars. Leffler, Lummus, Wilson, Gilman, Romfh. NOES: None. Motion unanimously car-
ried and the said ordin.r_,ne passed and adopted. In accordance with Resolution Iio.
1E5, passed and Adopted February 28th, 1922 the said ordinance is numbered 181
and is shown in rd ir.an .e Book 1 at page /57 as passed and adopted by the Commission.
PASSAGE O ' Oi DIrArOE JLo.:lyd 1:. E. BAYSEURE COURT & N. E. 4TH AVE. SECOND READING
An ordinanue entitled:
An ORLILANJE CLOSING NORTIiEAST BAYSHORE
COURT ANi) BOHTfiEAST FOURTH AVENUE
which was passed on its first reading June 26th, was, on motion of Mr. Gilman,
seconded by Er. Filson, put on its second reading and was read in full. Motion
by Lx. Lummus, seconded by Mr. Gilman, that the said ordinance be passed and adopt-
ed or. its se:;ond and final reading. On roll call the vote was as follows: AYES:
Messrs. '.e{'fler, Lu;u us, Wilson, Jilman, Romfh. NOES: none. Motion unanimously
carried and the said ordinance passed and adopted. In accordance with Resolution
No. 1E5, passed and adopted February .9th, 1922, the said ordinance is numbered
182 and is shown in rdinance Book 1 at page /53 as passed and adopted by the Com-
mission.
INCREASING SAL..I,Y l.F CITY CLERK
An ordinance entitled:
SECOND READING
AN 0_.JIIANJE INCREASING THE SALARY OF THE
CITY CL :iI: OF THE CITY OF MIAgI, FLORR1DA
TO TWENTY-SEVEN HL'NDRED DOLLARS PER ABM&
july 3, 1923.
IL
915.3
eee=
=
NCI
1
11111111111
I•11=M011
passed and adopted on its first reading the
Lummus, seconded by Mr. Romfh, given its sec
in full. Motion by Mr. Wilson, seoonded by
be passed and adopted on its second anf fine
thereon was as follows: AYES: Messrs. Leffle
NOES: None. Motion unanimously carried and
ed. In accordance with Resolution Jo. 155,
1922, th said ordinance is numbered 183 and
page/51 ae passed and adopted by the Commis
26th of June, was, on motion of Ir.
ond.and final reading and was read
Mr. Gilman, that tne said ordinance
1,reading. On roll call tee vote
r, LUmmus, Wilson, Gilman, Romfh.
the said ordinanoe passed end adopt -
passed and adopted February 28th,
is shom in Ordinance Book 1 at
sion.
ACCEPTING DEDICATION OF STREETS SUBDIVISION KNOWN AS "MILLSHORE"
A plat of the subdivision known as "MILLSHORE" was submitted to the Commission
and after an examination of the plat with reference to the streets dedicated
therein, an ordinance entitled:
AN ORDINANCE ACCEPTING THE DEDICATION
OF THE STREETS IN THE SUBDIVISION KNOWS
AS "MILLSHORE", A SUBDIVISION OF LOT 1
OF BLOCK 2 OF EDGEMITER WITH THE RECLAIM-
ED LAUD ITIEREOF
AC
LI
was introduced by Mr. Gilman, and on motion of Mr. LUMMUB, seoonded by Mr. Wil-
son, it was resolved that the charter requirment for readings of ordinances on
two separate oceasioss be and is hereby dispensed with by the following vote:
AYES: Messrs. Leffler, Lummus, Wilson, Gilman, Romfh. NOES: None. On motion of
Mr. Gilman, seconded by Mr. Lummus, the said ordinance was given its first reed-
ing and was read by title only. Motion by Mr. Gilman, seconded by Mr. Romfh,
that the said ordinance be passed on its first reading. On roll call the vote
was as follows: AYES: Messrs. Leffler, Lummus, Wilson, Gilman, Romfh. NOES:
Vane. Motion unanimously carried and the said ordinance passed on its first
reading. On motion of Mr. Lumps, seconded by Mr. Wilson, the said ordinance
was given its second and final reading and was road in full. Motion by Mr. Lum-
mus, seconded by 1,r. Romfh, thut the said ordinance be passed on its second and
final reading in full. On rol]. call the vote thereon me as follow: AYES:
Messrs. Leffler, Lummus, VA12on, Gilman, Romfh. NOBS: bone. Motion unanimously
carried and the said ordinance passed and adopted on its second and final read-
ing ul full. In accordance with resolution No. lne, passed and adopted Febru-
ary 28th, 1923, the said ordinance is numbered 164 and is shown in Ordinance
Book 1 at -age/58 as passed and adopted by the Commiesion.
IEG DeDICATIOE OP 6TiiillETS SUBDIVISION KNOWN AS "SHORELAWV"
A plat of the subdivision known as "SHOREIdnell" was also submitted to the Commis..
sion for its approval and after an examination of the plat with referonce to the
streets dedicated therein, an ordinance entitled:
AN ORDILAnCE ACeLiTInG 1HE DEDICATION
OF PEE STREETS In TEE SneDIVIeIOn iOWN
AS "SEORELAWE", A eUBDIVISIOn OF LOT 1
OP 31,03K 3 02 EDGEnATER WITH TEE RECLAIL-
D LAUD TEEnEOF
was introduced by ler. Rzmfh, und on motion of Mr. Gilman, seconded by Mr. Wilson,
it was resolved that the charter requirement for readings uf the ordinances on
two separate occasions be, and is hereby, dispensed with by the following vote:
AYES: Messrs. Leffler, Lummus Wilson, Gilman, Romfh. nOES: None. Motion unani-
mously oarried. On motion of Er. eomfh, oeconded by Ir. nilman, the said ordi-
nance was given its first readi:.g end read by title only. Motion by Mr. Romfh,
seconded by Lumnus, that the said ordinance be passed on its first reading. On
ro:1 call the vote was as follow: AYES: Eessrs. Leffler, Lummus, nlleon, Gil-
man, n,mfh. noL;s: 1;cre. ::.otion unanimously carried and the said ordinance pase-
ed on its first readine. On motion of Er. Romfh, seconded by Er. Wilson, the
said ordinance was eiven its s000L1d and final reading and was read in full. Mo-
tion by Er. 'Gileer., eeconded be Er. Leemes, th%t the said ordinance be passed and
adopted 2n its seeond and final rend in. in fell. un roll call the vote thereon
was as fr)llows: lAscrs. Lef:lor, Lwamus, Cilman, l'.omfh. NOES:
None. unsnimously carried end the no Id ordinance passed and adopted on
its seco1,0 Arld fl roJ rend in in full. In uc:;ordance with Resolution No. 1E5,
passed and chiopted 7ebroury 19.:2, the said ordinance is numbered 185 and
is sown in Ordince Bool: 1 lit pui:o /5ef as passed and adopted by the Commission.
ADJOURNMENT 10:25 A. M.
At 1e:25 a. m., there being no farther business to come before the Board at this
meeting on motion of Er. Wilson, seconded by Mr. Gilman, the meeting was adjourned.
ATTT:
-
CITY CL.IMX
• • ' e""e'`'," eee ee ,
,
e ewe.
r
CITY OF MIAM
DOCUMENT
MEETING DATE:
INDEX DULY 3, 1923
ITEM NO.
ammimmmow
1. AUTHORIZE REFUND OF 1922 PERSONAL PROPERTY ERRONEOUSLY
ASSESSED AND COLLECTED.
DOCUMENT IDENTIFICATION
COMMISSION 1 RETRIEVAL
TON
CODE NO.
2.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
AUTHORIZE DIRECTOR OF FINANCE TO MAKE TRANSFERS WITHIN
THE DEPT. OF PUBLIC SERVICE DIVISION OF ST. CLEANING AND
DIVISION OF STREET REPAIRS.
AUTHORIZE CITY CLERK TO CAUSE PROPER BALLOTS TO BE
PREPARED FOR SPECIAL ELECTIONS.
AUTHORIZE ACQUISITION BY PURCHASE OF E. 5 FEET OF THE
S. 20 FEET OF LOT 1, BLK. 138 NORTH OF THE CITY OF MIAMI.
CREATING LIEW UPON THE PROPERTY DESCRIBED IN R-492.
RESCINDING RESOLUTION NO. 785.
STORM SEWER IMPROVEMENT NO. 60-A.
STORM SEWER IMPROVEMENT NO. 60-A - MIAMI HERALD.
REQUIRING OWNERS OF PROPERTY TO CONNECT SEWERS IN FRONT
OF THEIR SEVERAL PREMISES.
HIGHWAY IMPROVEMENT NO. 189-A.
HIGHWAY IMPROVEMENT NO. 189-A - MIAMI HERALD.
AUTHORIZE CITY MANAGER TO CONCLUDE NEGOTIATIONS FOR THE
PURCHASE OF PROPERTY SET FORTH.
AUTHORIZE ACQUIREMENT BY EMINENT DOMAIN FOR ST. PURPOSES
OF CITY OF MIAMI.
R-793
R-794
R-795
R-796
R-797
R-798
R-799
R-800
R-801
R-802
R-803
R-B04
R-805
00793
00794
00795
00796
00797
00798
00799
00800
00801
00802
00803
00804
00805